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{{#Wiki_filter:EXHIBIT 6 Case No. 4-2011-059 EXHIBIT 6 | |||
1 UNITED STATES OF AMERICA 2 NUCLEAR REGULATORY COMMISSION 3 + + + + + | |||
4 OFFICE OF INVESTIGATIONS 5 INTERVIEW 6 - ----- x 7 IN THE MATTER OF: | |||
8 INTERVIEW OF 01 Case No. | |||
9 (b)(7)(C) I . 4-2011-059 10 (CLOSED) | |||
: 12. ------ x 12 September 7, 2011 13 14 Meeting Room 15 NRC Resident Inspector's Office 16 San Onofre Nuclear Generating Station 17 San Clemente, California 18 19 The above-entitled interview was conducted 20 at 11:06 a .m. information in this record was deleted iIIaccordance with the reedom of Itormatin 21 Act, exemptions i C. m o 22 BEFORE: FOA- 2o1 . O ,,, ' | |||
(b)(7)(C) 23 I | |||
N 24 25 EXHWrr | |||
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2 1 APPEARANCES: | |||
2 On Behalf of the Interviewee, Other Individuals 3 Involved in the Investigation and Southern California 4 Edison Company: | |||
5 6 | |||
7 8 of: | |||
9 10 (b)(7)(C) 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W. | |||
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3 1 PROCEEDINGS 2 (11:06 a.m.) | |||
(b)(7)(C) We're on the 3 | |||
4 record. This is an interview of (b)(7)(C) | |||
S date is September 7, 2011. It is Today's 6 approximately 11:06 a.m. | |||
7 The location of this interview is in the 8 NRC Resident Inspector's Office at the San Onofre 9 Nuclear Generating Station at San Clemente, 10 California. | |||
2 11 Present at this interview ar (b)(7)(C) 12 13 14 This investigation involves an allegation 15 of discrimination against I (b)(7)(C) and 16 for reporting nuclear safety concerns to the NRC, 17 it's reported under 01 Case Number 4-2011-059. | |||
18 19 you personally in regard to this representing 20 investigation? | |||
21 (b()(= Ye s. | |||
(b)(7)(C) Oyou understand 22 23 the purpose of her presence here today? | |||
24 Do you understand 25 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W. | |||
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that (b)(i)C) Iso represents the Company 1 | |||
Comanyand 2 other individuals? | |||
3 Ees. | |||
(b)(7)(C) 4 (b)(7)(C) Does your employer 5 require you to have an attorney present when you are 6 being intejviewed by the NRC Office of Investigations? | |||
7 (b)(7)(C) No. | |||
8 I (b)(7)(C) !Were you in any 9 way threatened with an adverse action if you did not 10 request corporate counsel? | |||
11 (b)(7)(C) INo. | |||
I. | |||
12 (b)(7)(C) Do you feel that 13 you would suffer any adverse consequences from your 14 employer if you would have elected not to have 15 personal representation here? | |||
16 l (b)(7)(C) ] No. | |||
17 L (b)(7)(C) jWere you offered 18 the choice of any other attorney representation who 19 did not have the additional role as a representative 20 of Southern California Edison? | |||
21 (b)(7)(C) IYes. | |||
22 (b)(7)(C) Would your 23 testimony in this matter be in any way inhibited by 24 the attorney's presence? | |||
25(b)(7)(C) o . | |||
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* o | |||
5 (b)(7)(C) Do you understand 1L 2 that you ha ve a right to a private interview with me 3 at your con venience? | |||
4L 5 | |||
6 understandi: | |||
7 as your re 8 | |||
9 "IOkay, thank you. | |||
(b)(7( for the record, will you 10 11 please stat*e your full name, your firm, and the scope 12 of your rep resentation, please. | |||
(b)(7)(C) Yes. My name is IC)I 14 (b)(7)(C) I'm F (b)(7)(C) with Southern 15 California Edison Company Law Department, and today 16 I'm represe nting the Company and various witnesses to 17 this matter r | |||
18 I .(b)(7)(C) Ma' am, do you 19 anticipate a conflict of interest with respect to your 20 representation of. )(7)(C) as an individual and 21 your concurrent representation of Southern California 22 Edison? | |||
(b)(7)(C) I have no reason to at this 23 24 time. | |||
(b)(7)(C) jIn the event that 25 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., NW. | |||
WASHINGTON, D.C. 20005-3701 wwwnealrgross.con (202) 234-4433 | |||
6 1 a conflict was to arise during the course of this 2 interview or this testimony what action would you 3 take? | |||
4 What I would have to do is 5 tell (b)(7)(C) Ithat I could no longer represent 6 her, that I would continue to represent the Company 7 and others in this matter, that she would have the 8 right to continue this interview without 9 representation, or can ask for a postponement and seek 10 representation of her own choosing. | |||
(b)(7)(C) 4 hank you. | |||
11 12 (b)(7)(C) we were talking off the 13 record, and I was explaining that the NRC 01 protocol 14 includes the swearing in of witnesses. Do you have any 15 objection to being sworn in? | |||
(b)(7)(C) No. | |||
16 17 (b)(7)(C) Can vou | |||
.1 raise vour L | |||
18 right hand, please. | |||
19 (b)(7)(C) Yes 20 , (b)(7)(C) IDo you swear that 21 the information that you are about to give is the 22 truth, the whole truth, and nothing but the truth, so 23 help you God? | |||
.Y(b)(7)(C) es. | |||
24 25 I (b)(7)(C) Thank you. | |||
I -! | |||
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7 1 Ma'am, can you give for the record your 2 full name, please. | |||
3 4 | |||
5 current position? | |||
6 I a (b)(7)(C) 7 And who are you 8 | |||
9 employed by? | |||
(b)(7)(C) Southern California Edison. | |||
10 (b)(7)(C) - How long have you 11 12 worked here? | |||
(b)(7)(C) (b)(7)(C) 13 (b)(7)(C) Do you have any 14 15 other experience in the nuclear industry? | |||
S (b)(7)(C) *0. | |||
16 (b)(7)(C) Can you give me 17 18 just a brief description of your position here? | |||
(b)(7)(C) I currently (b)(7)(c) 19 (b)(7)(C) for the 20 21 site. | |||
(b)(7)(C) 22 I INow, who do you 23 report to here? | |||
(b)(7)(C) =(b)(7)(C) 24 (b)(7)(C) And how many 25 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE.. N.W. | |||
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8 1 people do you supervise? | |||
2 (b)(7)(C) IZ ( at this time. | |||
F (b)(7)(C) IIs sa (b)(7)(C) 3 4 person that manages your for lack of a better 5 word? | |||
(b)(7)(C) She manages 6 | |||
(b)(7)(C) and then she reports t (b)(7)(C) 7 or 8 lkay, thank you. | |||
. (b)(7)OC) 9 Before we went on the record, I was 10 explaining the focus of my investigation, and how it 11 involved allegations thatI (b)(7)(C) ade to the NRC. | |||
12 What we're doing primarily during this 13 interview is focusing in on calendar year 2010. | |||
(b)(7)(7C) | |||
S ]Okay. | |||
14 (b)(7)(C) Okay? And during 15 16 that time, how much, if any, interaction did you have 17 withi (b)(7)(C) | |||
(b)(7)(C) Minimal. There was just a 18 19 few incidents that I interacted with him. | |||
(b)(7)(C) 1 Now, on the 20 21 hierarchy here, is he above you, or is he up here? | |||
22 (b)(7)(C) was a 23 I (b)(7)(C) 24 L (b)(7)(C) - Okay. | |||
25 (b)(7)(C) I didn't report to him, NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W. | |||
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9 1 though. | |||
I I l 2 Okay. Would he be L (b)(7)(C) 3 on the same level as (b)(7)(C) 4 (b)(7)(C) :.Yes. | |||
(b)(7)(C) kay. And with the 6 little interaction that you did have with (b)(7)(C) 7 did you ever encounter any problems? | |||
8 (b)(7)(C) Any problems dealing with 9 him? | |||
(b)(7)(C) Yes. | |||
10 (b)(7)() No, I did not. | |||
11 12 (b)(7)(C) Okay. Di =)(7)(C) 13 ever relate to you any problems that he was having 14 with anyone here at the plant? | |||
15 (b)(7)C) i~s. | |||
16 I(b)(7)(C) Okay. Can you 17 elaborate on that? First of all, when did that 18 conversation take place? | |||
(b)(7)(C) I don't know the specific 19 20 date of it. It was when people that worked for me had 21 went to him and he couldn't any longer address their 22 concerns. It was up to our management to address his 23 concerns, and the direct chain of command. That's the 24 only thing that he's ever relayed to me as far as -- | |||
(b)(7)(C) Okay. Just to 25 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., NW. | |||
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10 1 refresh your memory, would this have taken place in 2 the (b)(7)C) of 2010? | |||
(b)(7)(C) Before -- it was -- yes, 3 | |||
4 there was -- probably before (C) 2010. | |||
(b)(7)(C) IOkay. What do you 5 | |||
6 recall from that point in time? What exactly 7 happened? | |||
(b)(7)(C) From the time that he said 8 | |||
9 that he couldn't handle theW issues any more? | |||
I (b)(7)(C) = Yes. Evidently, 10 11 this dealt with some type of issue. Correct? | |||
12 I (b)(7)(C) ýYes. | |||
13 (b)(7)(C) | |||
ZSubordinates of 14 your's were raising some type of issue? | |||
(b)(7)(C) That' s correct. | |||
15 16 (b)(7)(C) jOkay. Can you fill 17 me on what that was all about? | |||
(b)(7)(C) We had worked a I (b)(7)(C) 18 19 (b)(7)(C) 20 21 22 I (b)(7)(C) Ifor quite a while. And an 23 employee came to me and said that they -- wanting to go 24 outside of management, outside to another supervisor. | |||
25 They went to another supervisor, ani (b)(7)(C) J as her NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W. | |||
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11 1 | |||
2 I (b)(7)(C) t that time, hat we had a potential and I was told nuclear to go notify (bX7)(C) 3 safety concern. | |||
4 (b)(7)(C) | |||
J Okay. Who was the 5 employee that raised this issue? | |||
6 ]I And the issue 7 | |||
8 specifically was about what? | |||
(b)(7)(C) [hey needed -- they wanted 9 | |||
10 to go (b)(7)(C) They needed some type of i1 12 (b)(7)(C) Okay. The 13 complaint I | |||
centered aroundi IoYos ( | |||
b)(7)(C) 7 I (b)(7)(C) I 14 I(b)(7(Yes. | |||
15 I | |||
I (b)(7)(C) | |||
I Was this duringF I I 16 17 I b)(7)(cE : es. I think theI (b)7,C) I 18 19 20 21 Now, r(b)(7)(C) did 22 now, if I understand you correctly,ýý3as one of at 23 least a couple of employees that had this concern, or 24 was she the only one? | |||
(b)(7)(C) NO, there was a couple of 25 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W. | |||
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12 1 employees that would talk about it in a group setting. | |||
2 1 (b)(7)(C) kkay. Did they 3 bring this to your attention? | |||
4 L (b)(7)(C) IYes, they did. | |||
5 (b)(7)(C) *Okay. And what did 6 you do about it? | |||
7 I (b)(7)(c) We talked t (b)(7)(C) the 8 manager, about it. | |||
9 (b)(7)(C) IsOkay. Is 10 [Ij7)jbove you? | |||
11 (b)(7)(C) She was. | |||
12 (b)(7)(C) IOkay. | |||
13 (b)7)(S he was thel b)7)(C) 14 at that time. | |||
15 1 (b)(7)(C) POkay. Would that WI 16 (b)(7)(C) Jlace right now? | |||
17 -SC)he actually reported to ms. | |||
18 (b)(7)(C) but not at this time. We didn't have a 19 so she was - | |||
s()(C) actually reported to 20 directly tol (b)(7)(C) Iat that time. | |||
21 (b)(7)(C) [Okay. But b()C 22 was above you, so to speak -- | |||
23 (b)(7)(C) Yes, she was. | |||
24 (b)(7)(C) - on the chain 25 of command? | |||
NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W. | |||
13 (b)(7)(C) iYes, she was my boss. Yes. | |||
(b)(7)(C) Okay. So, H 3 Band other individuals in your group had a 4 complaint about I (b)(7)(C) 7 and they brought it to your attention. And then 6 you brought it to (b)(7)(C) attention? | |||
7 (b)(7)(C) Yes, and the group brought 8 it to (b)(7)(C) attention. | |||
9 (b)(7)(C) rOkay. And what 10 happened after that? | |||
11 (b)(7)(C) Nothing. We didn't -- | |||
12 nothing happened. | |||
13 (b)(7)(C) kay. Did you end 14 up talking with (b)(7)(C) About it? | |||
15 c les.(b)(7)(C) When the individual, 16 came to me and told me that she went to another 17 supervisor, and that that supervisor was going to go 18 to Nuclear Safety Concerns, I went t (b)(7)(C) and old me to go talk to because he 19 (b)(7)(C) 20 was the (b)(7)(C) t that time. | |||
21 (b)(7)(C) [Okay. Maybe you 22 don't know the answer to this, but why didl,.- | |||
23 go to another manager if she had already gone to you? | |||
24 Any idea? | |||
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14 in place which meant my -- thatd ( | |||
1 barriers 2 and them weren't doing anything about it. | |||
(b)(7)(C) nd how did you 3 | |||
4 know this? | |||
(b)(7)(C)E She told me. | |||
5 (b)(7)(C) ýkay. So, she went 6 | |||
7 to another manager? | |||
8 (b)(7)(C) She went to another 9 supervisor. | |||
(b)(7)(C) 10 I.11 right. Who was 11 the supervisor? | |||
(b)(7)(C) !(b)(7)(C) 12 13 (b)(7)(C) Ok ay. An-d you 14 ended up having a conversation with (b)(7)(C) about 15 this. Correct? | |||
16 (b)(7)(..;Yes. | |||
17 (b)(7)(C) And what happened 18 after that, if anything? | |||
19 (b)7)E) We were able to go 20 after that. He (b)(7)(C) 21 talked toF (b)(7)(C) and told us that we could go j7 mC I I (b)(7) Ias aware that she did 22 and to make sure tha C. | |||
23 not have to come into (b)(7)(C) I 24 (b)(7)(C) Irln, . , 1I (b)(7)(C) ~1 25 resolved the issue. | |||
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15 (b)(7)(C) khat's correct. | |||
1 2 ]1 (b)(7)(C) -okay. Did he ever 3 give you any feedback as to how he was resolving that, 4 or anything. Did he ever come back to you, or to your 5 group and say this is what I did, the issue is 6 resolved, or anything like that? | |||
7 (b)(7)(C) e lYes. Right after he told 8 me, I went to his office. Between five and ten 9 minutes later he came back,j (b)7)(C) myself, and 10 m zl ere in the office, and he told us that 11 12 (b)(7)(C) 13 14 (b)(7)(C) 1o 15 I(b)(7)(C) I Okay. At that 16 point in time, I'm interested in knowing what you were 17 thinking at that period of time. Did you feel that 18 because (b)(7)(C) got involved in this process that 19 there might be some negative repercussions from it? | |||
20 21 (b)(7)(C) kay. Did you ever 22 suffer any negative consequences from E from 23 that fact that one of your subordinates went ticP 24 jor another individual rather than keeping it 25 within the chain of command in your division? | |||
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16 (b)(7)(C 1 I (b)(7)(C) rid you ever have 2 | |||
3 any subsequent conversations with (b)(7)(C) bout this 4 whole episode? | |||
5 S (b)(7)(C) - ýYes.[I alled me and asked 6 me about that day, and asked me what happened, that 7 she was going into a meeting, and asked me what 8 happened, my memory of what happened and how it was -- | |||
9 what happened after I went to him, and how that took 10 place. | |||
I (b)(7)(C) lWhen did this 11 12 conversation take place? | |||
(b)(7)(C don't remember a specific 13 14 date on that. I just remember that she called me on 15 the telephone. | |||
r 16 I (b)(7)(C) I Was this soon 17 after this event? Was it a long time after? | |||
(b)(7)(C) Not a long time after, but 18 19 maybe a month after. It wasn't a real long time after. | |||
20 L(b)(7)(C) What exactly did 21 she ask you? | |||
(b)(7)(C) She just asked me about that 22 23 day, when I raised the concern tc(27c) and what -- | |||
24 how he responded to it, and what actually happened. | |||
25 What did I remember from that. | |||
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17 (b)(7)(C) khat was your 1 | |||
2 understanding of what was happening at that time? I 3 mean, was she just following up on this action, or is 4 something that -- did it appear that she was going to 5 take some type of administrative action at that time? | |||
6 You know, what was the purpose of that conversation? | |||
7 Did you ever get a judgment as to what she was -- why 8 she was inriring? | |||
(b)(7)(C) She was going into a 9 | |||
10 meeting. I don't know the specifics of the meeting. | |||
11 I (b)(7)(C) *kay. It was just 12 any mee tine (b)(7)(C) he just sai d she was going 13 14 into a me eting. I don't -- I mear I, it could be 15 several di;fferent types of meetings. | |||
(b)(7)(C) iSure, sure. And 16 17 forgive me for getting really specific here, but did 18 the meeting involveI (b)(7)(c) lat all? | |||
(b)(7)(C) I don't know. | |||
19 20 F- (b)(7)(C) ~ okay. So, she 21 called you one day and she said hey, what happened 22 with this event involving c | |||
()(7)(c) | |||
I (b)(7)(C) She said she was going into 23 24 the meeting and wanted to know what I remembered about 25 that day, the events that happened that day. | |||
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18 1 | |||
(b)(7)(C) 1okay. And this 2 was rot ighly a month after this took place? | |||
(b)(7)(C) Yes, it wasn't immediately 3 | |||
4 after, but it was definitely not a long time after the 5 event. | |||
(b)(7)(C) You know, from 6 | |||
7 talking with people here in the office, did you ever 8 get an impression as to how that situation was 9 handled? I mean, was everyone happy with the way that 10 the events turned out, or did people feel that there's 11 going to be -- for whatever reason, some type of 12 trouble coming down the road because of it, because 13 people complained? | |||
14 (b77)C) I'm not sure -- as far as 15 the people getting in trouble, or - | |||
16 (b)(7)(C) k"vthina. | |||
17 Il(b7)(1) Jt just -- it didn't -- I 18 think the intent of it was -- it was viewed as not 19 being helpful from him, I mean, from other -- from 20 (b)(7)(C) -and other people, it was kind of -- the 21 intent was taken the wrong way. That's the way it was 22 viewed. | |||
23 I (b)(7)(C) Okay. Why do you 24 feel that way? How did you get that impression? | |||
25 (b)(7)(C) Fro NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W. | |||
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19 (b)(7)(C) 2 In conversations 2 with her? | |||
(b)(7)(C) es. | |||
3 4 (b)(7)(C) lhat did she tell I | |||
5 you? | |||
6 ()C She asked me what I thought 7 about it, and did we think that it was right, and did 8 I feel that we weren't given the opportunity to handle 9 the situation, that he could have allowed us the 10 opportunity to have handled it. | |||
(b)(7)(C) Okay. What was 12 12 going through your mind at that point? Did you feel 13 that there was some type of negative consequences 14 coming down the road? | |||
15 (b)(7)(C) Not for me, no. | |||
(b)(7)(C) IOkay. But for 16 17 other people, did you sense that something was going 18 to happen? | |||
19 (b)(7)(C) ýt didn't -- I didn't really 20 sense that something was going to happen, but it just 21 didn't -- I thought the intent of it was taken wrong. | |||
22 It was viewed as not being helpful. | |||
23 The fact 24 that 25 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W. | |||
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20 1 | |||
(b)(7)(C) I __ was not 2 helpful. | |||
3 I(b)(7)(C) .Yes. That the intent of 4 that was taken -- | |||
5 (b)(7)(C) Okay. Was there 6 ever ny a: subsequent meetings that took place to 7 address this issue? | |||
8 X(b)(7)(C) Not involving me, so I 9 don't-- | |||
10 I (b)(7)(C) Jkay. Did you ever 11 hear of any other meetings taking place in the office 12 about this issue? | |||
13 S()7)(C) *ith -- the issue wit 14 7 ( )C] ' andraising -- | |||
15 16 I(b)(7)(C) I and fixing the issue? | |||
(b)(7)(C) Yes. | |||
17 I (b)(7)(C) No, I did not hear of any 18 19 other meetings. | |||
(b)(7)(C) Okay. There wasn' t 20 21 any meetings, just to refresh your memory, involving 22 your subordinates whereL (b)(7)(C) addressed the group 23 and said if there's an issue, we prefer that it be 24 handled among ourselves, as opposed to going outside, 25 or anything like that? | |||
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21 1 | |||
2 I Were you there for I (DO( ( | |||
3 the meeting at the time? | |||
*Yes, I was. | |||
(b)(7)(C) - Ie , I w s 4 | |||
5 (b)(7)(C) *hen did that take 6 place? | |||
(b)(7)(= 1I don't know the dates. I 7 | |||
8 can find the dates, but I don't know the dates. It was 9 during one of our standup meetings. | |||
10 (b)(7)(C) Okay. Can you 10 describe to me what a standup meeting is? | |||
I )7 Station standup. We have an 12 13 actual topic to talk about concerning safety, or INPO 14 principles, and we discuss it in our group setting. | |||
(b)(7)(C) Okay. And give 15 16 you like roughly a period of time this took place? | |||
17 Would it have been during the summer, fall? | |||
I (b)(7)(C) ýIt would be before -- right 18 19 before (b)(7)(C) Iright before F77_ time frame. | |||
20 21 still 22 23 24 present for this meeting? | |||
(b)(7) 25 (b)(7)(C) (C) I personnel. | |||
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22 (b)(7)(C) k ay. Well, how 1 | |||
2 many people would that involve? | |||
(b)(7)(C) Approximately 30. | |||
3 4 (b)(7)(C) !Okay. And you were 5 present? | |||
6 (b)(7)(C) lYes, I was. | |||
(b)(7)(C) nd who led the 7 | |||
8 meeting, was itd (b)(7)(C) | |||
S (b)(7)(C) tOur standups are employee-9 10 led, so -- but afterwards supervisors and managers 11 speak, or they chime in. | |||
12 (b)(7)(C) Iokay. What 13 happened during that meeting? | |||
14 (b)C) ,,We were told that the -- to allow management within our department to handle (bX7) 15 I(C) 16 issues, not to -- we can go to other managers, but we 17 need to utilize our managers within the department 18 first, allow them the opportunity to fix the issues. | |||
19 I (b)(7)(C) ISo said that, 20 basically? Who was the person? | |||
21 22 (b)(7)(C) [Okay. Did she get 23 any type of feedback during that time? | |||
24 (bc(: I don't remember at that 25 time if there was feedback. | |||
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23 | |||
.... (b)(7)(C) Jid anyone raise 1 | |||
2 their hand and say you know what, this -- I don't 3 agree with what you said, anything of that nature? | |||
4 5 I (b)(7)(C) IOkay. Was there 6 another setting where someone came forward and didn't 7 agree with what 7 (b )( )C) aid? | |||
'.Yes, afterwards several 8 | |||
9 people talked about that, and they felt that it was 10 because they went t0 (b)(7)(C) J and he was helping 11 them with their concerns, that they could no longer go 12 get help from any other manager. So, they were 13 talking about that, and asking if that was the intent 14 of that. | |||
I (b)(7)(C) iOkay. Did you 15 16 agree with that assessment? | |||
i-From the employees? | |||
17 (b)(7)(C) - - Y s 18 (b)(7)(C) .I didn't know the intent of 19 20 that, what she meant by that. | |||
21 I (b)(7)(C) :kay. | |||
C B But it happened right after 22 23 that event, so it felt that way. | |||
(b)(7)(C) *kay. Did you feel 24 25 that way? | |||
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24 1 | |||
(b)(7)() TFhat I could not? | |||
2 I (b)(7)(C) es, or -- | |||
(b)(7)(C) NO. | |||
3 4 (b)(7)(C) -- just a couple 5 of people feel that way? | |||
6 !)Just the employees felt that 7 way, supervision did not. | |||
8 IOkay. How many I (b)(7)(C) 9 employees do you think felt that way, if you know the 10 answer? | |||
(b)(7)(C) 1I would say no more than 11 12 seven. It was a select group. | |||
(b)(7)(C) 13 1. (b(( Did they approach 14 you after the meeting about it, or -- | |||
(b)()(C ) -Yes. | |||
15 16 (b)(7)(C) I. ka. And all 17 about seven or whatever people came to you and said 18 hey, this isn't right. We don't like the impression 19 that we got from the statements made by (b)(7)(C) 1 (b)('OC) 1es. | |||
20 21 (b)(7)(C) = Did you agree with 22 them, though? | |||
(b)(7)(C) .Agree with them? | |||
23 24 (b)(7)(C) Yes. | |||
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25 1 still go to other management if they needed to raise 2 a concern, that they had other avenues that they could 3 raise a concern. If they felt that way, that's not 4 the way they should feel. | |||
I (b)(7)(C) Jkay. It sounded 5 | |||
6 from your testimony a few moments ago that you did not 7 agree with them in their impression, that you are free 8 to go about and talk with anyone else if you want. | |||
9 10 11 and I'm paraphrasing here. I don't want to put words 12 in your mouth. Management preferred that they be 13 contacted first to deal with the issue? | |||
14 (b)(7)(C) es, to allow them to try to 15 fix the issue first. | |||
16 (b)(7)(C) ~ kay. Now, in your 17 opinion after having attended that meeting, did you 18 feel that you were being pressured not to go to 19 another manager with a complaint or a concern? | |||
20 21 not to go to him, but the option was still there to go 22 to other managers. | |||
23 (b)(7)(C) | |||
JL Ikay. You still 24 had that option, but -- | |||
25 )yes. There 's -- yes, and NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE.. N.W. | |||
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26 1 that was -- they did tell us that we could go to -- | |||
2 there are other avenues to raise concerns. Just allow 3 them -- they would like to be allowed the opportunity 4 to fix the issues before we went to outside 5 management. | |||
(b)(7)(C) kay. I just want 6 | |||
-7 to make sure I'm clear on that. I'm just a little 8 confused. | |||
9 So, you felt that after that meeting that 10 you could go to another person if you really needed 11 to, but you understood that management preferred that 12 you deal with it within your division first. | |||
(b)(7)(C) *es 13 (b)(7)(C) ks that fair? | |||
14 (b)(7)(C) Yes. | |||
15 (b)(7)(C) 1!okay. Did you have 16 17 any other conversations withL (b)(7)(c) 7about that 18 whole event? | |||
19 (b)(7)(C)I | |||
) JI, o . | |||
(b)(7)(C) Were you involved 20 in the decision making to terminate- (b)(7)(C) 21 22 | |||
- 3 (b)(7)(C) .Did he ever come 23 24 to you and make any complaints aboutt (b)(7)(C) | |||
(b)(7)(C) No. | |||
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27 1 | |||
2 ILb)7)C go off the record for a minute. | |||
JAll right. We'll 3 (Off the record.) | |||
4 (b)(7)(C) Back on the 5 record. The time is approximately 11:34 a.m. | |||
6 Were you ever subsequently interviewed by 7 anyone here on site about this whole issue about 8 whether or not you could go to another supervisor and 9 raise a concern, or anything like that? | |||
(b)(7)(C) i've talked to Employee 10 11 Concerns, yes. | |||
(b)(7)(C) ýhey came out and 12 13 initiated some type of inquiry? | |||
S (b)(7)(C) jyes. | |||
14 (b)(7)(C) Okay. Now, who 15 16 interviewed you, do you remember? | |||
17 I (b)(7)(C-) ]* believe his last name is 18 I (b)(7)(C) 19 (b)(7)(C) Okay. Do you with (b)()(c) 20 remember having any other conversations 21 about that whole episode? | |||
22 . (b)(7)(C) fhe episode about the manage 23 -- not being -- | |||
(b)(7)(C) ýes, 1 the meeting 24 25 tha*t (b37)cl had with -- the standup meeting. | |||
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28 1 I j ... bout that meeting, no. | |||
(b)(7)(C) 1kay. Did you have 2 | |||
3 any conversations with her about anything else related tol to (b)(7)(C) 4 I (b)(7)(C) -She -- yes, she asked him 5 | |||
6 about being a covered worker, and the definitions of 7 covered worker. And he got back to her regarding that 8 also, so that was another issue that she had talked to 9 him about. And she felt that he had provided her 10 follow-up. | |||
11 L (b)(7)(C) kay. Before we 12 conclude here, I just want to touch upon another -- the same topic we discussed a few moments ago about 13 14 E and -- let's see. It was the meeting about the 15 I (5)(7)(C) ý concerns. Remember going back where we 16 discussed originally? | |||
S (b)(7)(C) Y s 17 .'Ys. | |||
18 I (b)(7)(C) [ou had a quick 19 conversation withdIý II1 bout it. Correct? The 20 conversation just before she went into that meeting? | |||
(b)(7)(C) The meeting about (b)(7)(C) 21 (b)(7)(C) : ight. She wanted 22 23 to know how it was resolved, or if it was resolved? | |||
(b)(7)(C Yes. When she went into a 24 25 meetina and she had asked me. I don't know if it was NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W. | |||
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29 1 I (b)(7)(C) Imeeting she went into. | |||
2 (b)(7)(C) INo, but -- | |||
(b)(7)(C) think he's asking -- he's 3 | |||
4 just referring to the meeting where the discussion 5 about the on call possibility was discussed. | |||
(b)(7)(C) 1: :Yes . | |||
6 (b)(7)(C) , " | |||
7 8 way that (b)(7)(C) tould have misinterpreted your 9 conversation and would say that you told her that the 10 issue was never resolved? | |||
S (b)(7)(C) kPell, she can't read( | |||
11 (C) 12 13 14 j.....4;ture. | |||
15 .;I did not follow-up with J 16 the -- us aoina on all call on theL 17 status. | |||
(b)(7)(C) 4Right. | |||
18 (b)(7)(C) (b)(7)(C) ad contact with 19 20 jluring J(b)(7)(c) that time. She informed f 21 everything that happened. | |||
(b)(7)(C) jkay. I was under 22 23 the impression that you had a quick conversation with 24 (b)(7)(C) ight before she went into that meeting. | |||
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4 30 1 the meeting, she did call me and ask me what he -- how 2 it took place. I don't -- so you're -- she could have 3 misinterpreted what I said? | |||
4 I (b)(7)(C) Right. You 5 basically told her what happened. Correct? | |||
:.That's correct. | |||
6 (b)(7)(C) lYou told her 7 | |||
basically thati (b)(7)(C) aZ ad an issue with the (). | |||
8 9 and that (b)~ - or0 )C ook care of 10 the issue. That's basically what you told her. | |||
(b)(7)(C) Yes, that he came up and I 11 12 told her what he said to us. | |||
(b)(7)(C) jAll right. My 13 14 question is, is there any way that she could have 15 misinterpreted your conversation at that time and 16 thought that -- or somehow came under the impression 17 thati (b)(7)(C) id not resolve that issue? | |||
(b)(7)(C) - She asked me if we had to 18 19 still do a (b)(7)(c) , and I said yes, we had to do a So, if that's misinterpreting that the 20 21 issue wasn't resolved because we still had to do a 22 (b)(7)(C) Okay. Under what 23 24 circumstances would you have a (b)(7)(C) I 25 S (b)(7)(C) Critical path work for the NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W. | |||
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31 1 actual plant, having an issue in NECP, or some type of we would have to (C) 2 document for them to do work, so 3 in a, (b)(7)(C) to issue the document for them. | |||
(b)(7)(C) fkay. You kind of 4 | |||
5 lost me there. If I understand you correctly, that 6 because of this issue involved, thel (b)(7)(C) -]issue, 7 it required a standup meeting? Do I understand you 8 correctly? | |||
(b)(7)(C) 0O. No, no. I think what 9 | |||
10 she said is thatd2)7)¢ ad arranged that employees 11 could bel (b)(7)(C) 7 12 (b)(7)(C) But even though they tried to 13 have the employees (b)(7)(C) 7 14 (b)(7)(C) anyway, so 15 it wasn't as if they didn'ti (b)(7)(C) 16 (b)(7)(C) 17 18 (b)()(C)Yes. | |||
I(b(7)(CIs that clear? The 19 20 employees didn't want to have to (b)(7)(C) 21 (b)(7)(C) 22 23 | |||
~1 Ib)(7)(C) -1 IOkay 24 "l b)~(7)c) .okay . | |||
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32 1 resolve the problem for the employees who didn't want 2 to I (b)(7)(C) 3 4 | |||
5 6 (b)(7)(C) hat's correct. | |||
7 (b)(7)(C) I just want to 8 make sure I understand this correctly. We'll go over 9 it just a little more again. | |||
10 About a month after this event involving 11 the (b)(7)(C) issue, (b)(7)(C) v ires you a call. | |||
12 (b)7)() That's correct. | |||
13 (b)(7)(C) And she says I'm 14 about ready to go into this meeting. What happened 15 during that time that you dealt with (b)(7)(C) And 16 you told her about what (b)(7)(C) 17 F-(b(7(CY ]es. | |||
(b)(7)(C) -- had done. | |||
18 19 1~ (b)C)((Yes.Ys | |||
~(b)(7)(C) | |||
(((1 right. And 20 21 then you added on that there had to be a standup 22 meeting, or she asked you does there have to be a 23 standup meeting, and you said yes. | |||
24 l)(7)(c) - A standup -- | |||
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I 33 1 that. | |||
(b)(7)( standup meeting _ - we had 2 | |||
3 -- we do have station standups. | |||
(b)(7)(C) JDkay. | |||
4 (b)(7)(C) And that talks about 5 | |||
6 different topics here on site, but that wasn't the end 7 result. We have to do those every Tuesday, so that's 8 not a -- as a result of the meeting. | |||
(b)(7)(C) 1Okay. I'm just 9 | |||
10 confused by the testimony then. During this phone 11 conversation you had with (b)(T)(C) what else was 12 discussed? | |||
hat was it. | |||
,)C) She asked me 13 14 what I remembered. | |||
15 I (b)(7)(C) *kay. | |||
(b)(7(C) And I told her what 16 17 happe ned, how he came up toI afterwards and gave us 18 the o)ptions. And then she clarified we still had to (b)(7)(C) I 19 do al (b)(7)(C) 20 I Oh,7) -- I'm 21 sorry. | |||
(b)(7)(C) hat's what I was -- | |||
22 23 (b)(7)(C) T ot allowing -- | |||
24 okay. | |||
(b)(7)(---Two different things. | |||
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34 (b)(7)(C) JlI right. Yes, we 1 | |||
2 are, two different things. All right. Well, I'm glad 3 we cleared that up. | |||
4 All right. So, eventually that weekend 5 the employees had to come in for a couple of hours. | |||
6 (b)(7)(C) 1Y es 7 (b)(7)(C) Kkay. And that 8 was the issue. And going back to my original question, 9 and the reason I'm asking you this is because, 10 evidently,t (b)(7)(C) according toi (b)(7)(C) got the 11 wrong impression, and supposedly said that you told 12 her that the situation was not resolved. | |||
I, (b)(7)(C) 1T did not. | |||
13 (b)(7)(C) Okay. All right. | |||
14 15 I just wanted to clear that up. All right. | |||
16 I appreciate you taking time out of your 17 busy schedule to meet with me today and answering my 18 questions. Is there anything that I didn't ask you 19 about that you want to add for the record? | |||
.L (b)(7)(C) *0. | |||
20 (b)(7)(C) kay. Counselor, 21 22 do you have any questions? | |||
(b)(7)(CNo, S I do not. | |||
23 (b)(7)(C) Okay. 3 24 ave I or any other NRC representative 25 !O( | |||
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t 1 35 1 threatened you in any manner or offered you any 2 rewards in return for this statement? | |||
(b)(7)(C) 3 (b)(7)(C) 0ave you given 4 | |||
5 this statement freely and voluntarily? | |||
I ~y e s. | |||
(b)(7)(C) es 6 | |||
7 (b)(7)(C) Is there any issue 8 or topic of a specific nature that was not addressed 9 and is relevant to this investigation? | |||
10 S (b)(7)(:C: ?. | |||
11 (b)(7)(C) At this time the 12 interview will be concluded. The time is 13 approximately 11:44 a.m. | |||
14 (INTERVIEW CONCLUDED.) | |||
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4 | |||
-b.' | |||
4 CERTIFICATE This is to certify that the attached proceedings before the United States Nuclear Regulatory Commission in the matter of: | |||
Name of Proceeding: Interview of (b)(7)(C) | |||
Docket Number: 4-2011-059 Location: San Clemente, California were held as herein appears, and that this is the original transcript thereof for the file of the United States Nuclear Regulatory Commission taken by me and, thereafter reduced to typewriting by me or under the direction of the court reporting company, and that the transcript is a true and accurate record of the foregoing proceedings as recorded on tape(s) provided by the NRC. | |||
(b)(7)(C) | |||
Of ficialuranscriber Neal R. Gross & Co., Inc. | |||
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Latest revision as of 11:35, 6 February 2020
ML12320A389 | |
Person / Time | |
---|---|
Site: | San Onofre |
Issue date: | 09/07/2011 |
From: | NRC/OI/RGN-III/FO |
To: | |
References | |
4-2011-059, FOIA/PA-2012-0238 | |
Download: ML12320A389 (37) | |
Text
EXHIBIT 6 Case No. 4-2011-059 EXHIBIT 6
1 UNITED STATES OF AMERICA 2 NUCLEAR REGULATORY COMMISSION 3 + + + + +
4 OFFICE OF INVESTIGATIONS 5 INTERVIEW 6 - ----- x 7 IN THE MATTER OF:
8 INTERVIEW OF 01 Case No.
9 (b)(7)(C) I . 4-2011-059 10 (CLOSED)
- 12. ------ x 12 September 7, 2011 13 14 Meeting Room 15 NRC Resident Inspector's Office 16 San Onofre Nuclear Generating Station 17 San Clemente, California 18 19 The above-entitled interview was conducted 20 at 11:06 a .m. information in this record was deleted iIIaccordance with the reedom of Itormatin 21 Act, exemptions i C. m o 22 BEFORE: FOA- 2o1 . O ,,, '
(b)(7)(C) 23 I
N 24 25 EXHWrr
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2 1 APPEARANCES:
2 On Behalf of the Interviewee, Other Individuals 3 Involved in the Investigation and Southern California 4 Edison Company:
5 6
7 8 of:
9 10 (b)(7)(C) 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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3 1 PROCEEDINGS 2 (11:06 a.m.)
(b)(7)(C) We're on the 3
4 record. This is an interview of (b)(7)(C)
S date is September 7, 2011. It is Today's 6 approximately 11:06 a.m.
7 The location of this interview is in the 8 NRC Resident Inspector's Office at the San Onofre 9 Nuclear Generating Station at San Clemente, 10 California.
2 11 Present at this interview ar (b)(7)(C) 12 13 14 This investigation involves an allegation 15 of discrimination against I (b)(7)(C) and 16 for reporting nuclear safety concerns to the NRC, 17 it's reported under 01 Case Number 4-2011-059.
18 19 you personally in regard to this representing 20 investigation?
21 (b()(= Ye s.
(b)(7)(C) Oyou understand 22 23 the purpose of her presence here today?
24 Do you understand 25 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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that (b)(i)C) Iso represents the Company 1
Comanyand 2 other individuals?
3 Ees.
(b)(7)(C) 4 (b)(7)(C) Does your employer 5 require you to have an attorney present when you are 6 being intejviewed by the NRC Office of Investigations?
7 (b)(7)(C) No.
8 I (b)(7)(C) !Were you in any 9 way threatened with an adverse action if you did not 10 request corporate counsel?
11 (b)(7)(C) INo.
I.
12 (b)(7)(C) Do you feel that 13 you would suffer any adverse consequences from your 14 employer if you would have elected not to have 15 personal representation here?
16 l (b)(7)(C) ] No.
17 L (b)(7)(C) jWere you offered 18 the choice of any other attorney representation who 19 did not have the additional role as a representative 20 of Southern California Edison?
21 (b)(7)(C) IYes.
22 (b)(7)(C) Would your 23 testimony in this matter be in any way inhibited by 24 the attorney's presence?
25(b)(7)(C) o .
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- o
5 (b)(7)(C) Do you understand 1L 2 that you ha ve a right to a private interview with me 3 at your con venience?
4L 5
6 understandi:
7 as your re 8
9 "IOkay, thank you.
(b)(7( for the record, will you 10 11 please stat*e your full name, your firm, and the scope 12 of your rep resentation, please.
(b)(7)(C) Yes. My name is IC)I 14 (b)(7)(C) I'm F (b)(7)(C) with Southern 15 California Edison Company Law Department, and today 16 I'm represe nting the Company and various witnesses to 17 this matter r
18 I .(b)(7)(C) Ma' am, do you 19 anticipate a conflict of interest with respect to your 20 representation of. )(7)(C) as an individual and 21 your concurrent representation of Southern California 22 Edison?
(b)(7)(C) I have no reason to at this 23 24 time.
(b)(7)(C) jIn the event that 25 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., NW.
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6 1 a conflict was to arise during the course of this 2 interview or this testimony what action would you 3 take?
4 What I would have to do is 5 tell (b)(7)(C) Ithat I could no longer represent 6 her, that I would continue to represent the Company 7 and others in this matter, that she would have the 8 right to continue this interview without 9 representation, or can ask for a postponement and seek 10 representation of her own choosing.
(b)(7)(C) 4 hank you.
11 12 (b)(7)(C) we were talking off the 13 record, and I was explaining that the NRC 01 protocol 14 includes the swearing in of witnesses. Do you have any 15 objection to being sworn in?
(b)(7)(C) No.
16 17 (b)(7)(C) Can vou
.1 raise vour L
18 right hand, please.
19 (b)(7)(C) Yes 20 , (b)(7)(C) IDo you swear that 21 the information that you are about to give is the 22 truth, the whole truth, and nothing but the truth, so 23 help you God?
.Y(b)(7)(C) es.
24 25 I (b)(7)(C) Thank you.
I -!
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7 1 Ma'am, can you give for the record your 2 full name, please.
3 4
5 current position?
6 I a (b)(7)(C) 7 And who are you 8
9 employed by?
(b)(7)(C) Southern California Edison.
10 (b)(7)(C) - How long have you 11 12 worked here?
(b)(7)(C) (b)(7)(C) 13 (b)(7)(C) Do you have any 14 15 other experience in the nuclear industry?
S (b)(7)(C) *0.
16 (b)(7)(C) Can you give me 17 18 just a brief description of your position here?
(b)(7)(C) I currently (b)(7)(c) 19 (b)(7)(C) for the 20 21 site.
(b)(7)(C) 22 I INow, who do you 23 report to here?
(b)(7)(C) =(b)(7)(C) 24 (b)(7)(C) And how many 25 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE.. N.W.
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8 1 people do you supervise?
2 (b)(7)(C) IZ ( at this time.
F (b)(7)(C) IIs sa (b)(7)(C) 3 4 person that manages your for lack of a better 5 word?
(b)(7)(C) She manages 6
(b)(7)(C) and then she reports t (b)(7)(C) 7 or 8 lkay, thank you.
. (b)(7)OC) 9 Before we went on the record, I was 10 explaining the focus of my investigation, and how it 11 involved allegations thatI (b)(7)(C) ade to the NRC.
12 What we're doing primarily during this 13 interview is focusing in on calendar year 2010.
(b)(7)(7C)
S ]Okay.
14 (b)(7)(C) Okay? And during 15 16 that time, how much, if any, interaction did you have 17 withi (b)(7)(C)
(b)(7)(C) Minimal. There was just a 18 19 few incidents that I interacted with him.
(b)(7)(C) 1 Now, on the 20 21 hierarchy here, is he above you, or is he up here?
22 (b)(7)(C) was a 23 I (b)(7)(C) 24 L (b)(7)(C) - Okay.
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9 1 though.
I I l 2 Okay. Would he be L (b)(7)(C) 3 on the same level as (b)(7)(C) 4 (b)(7)(C) :.Yes.
(b)(7)(C) kay. And with the 6 little interaction that you did have with (b)(7)(C) 7 did you ever encounter any problems?
8 (b)(7)(C) Any problems dealing with 9 him?
(b)(7)(C) Yes.
10 (b)(7)() No, I did not.
11 12 (b)(7)(C) Okay. Di =)(7)(C) 13 ever relate to you any problems that he was having 14 with anyone here at the plant?
15 (b)(7)C) i~s.
16 I(b)(7)(C) Okay. Can you 17 elaborate on that? First of all, when did that 18 conversation take place?
(b)(7)(C) I don't know the specific 19 20 date of it. It was when people that worked for me had 21 went to him and he couldn't any longer address their 22 concerns. It was up to our management to address his 23 concerns, and the direct chain of command. That's the 24 only thing that he's ever relayed to me as far as --
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10 1 refresh your memory, would this have taken place in 2 the (b)(7)C) of 2010?
(b)(7)(C) Before -- it was -- yes, 3
4 there was -- probably before (C) 2010.
(b)(7)(C) IOkay. What do you 5
6 recall from that point in time? What exactly 7 happened?
(b)(7)(C) From the time that he said 8
9 that he couldn't handle theW issues any more?
I (b)(7)(C) = Yes. Evidently, 10 11 this dealt with some type of issue. Correct?
12 I (b)(7)(C) ýYes.
13 (b)(7)(C)
ZSubordinates of 14 your's were raising some type of issue?
(b)(7)(C) That' s correct.
15 16 (b)(7)(C) jOkay. Can you fill 17 me on what that was all about?
(b)(7)(C) We had worked a I (b)(7)(C) 18 19 (b)(7)(C) 20 21 22 I (b)(7)(C) Ifor quite a while. And an 23 employee came to me and said that they -- wanting to go 24 outside of management, outside to another supervisor.
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11 1
2 I (b)(7)(C) t that time, hat we had a potential and I was told nuclear to go notify (bX7)(C) 3 safety concern.
4 (b)(7)(C)
J Okay. Who was the 5 employee that raised this issue?
6 ]I And the issue 7
8 specifically was about what?
(b)(7)(C) [hey needed -- they wanted 9
10 to go (b)(7)(C) They needed some type of i1 12 (b)(7)(C) Okay. The 13 complaint I
centered aroundi IoYos (
b)(7)(C) 7 I (b)(7)(C) I 14 I(b)(7(Yes.
15 I
I (b)(7)(C)
I Was this duringF I I 16 17 I b)(7)(cE : es. I think theI (b)7,C) I 18 19 20 21 Now, r(b)(7)(C) did 22 now, if I understand you correctly,ýý3as one of at 23 least a couple of employees that had this concern, or 24 was she the only one?
(b)(7)(C) NO, there was a couple of 25 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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12 1 employees that would talk about it in a group setting.
2 1 (b)(7)(C) kkay. Did they 3 bring this to your attention?
4 L (b)(7)(C) IYes, they did.
5 (b)(7)(C) *Okay. And what did 6 you do about it?
7 I (b)(7)(c) We talked t (b)(7)(C) the 8 manager, about it.
9 (b)(7)(C) IsOkay. Is 10 [Ij7)jbove you?
11 (b)(7)(C) She was.
12 (b)(7)(C) IOkay.
13 (b)7)(S he was thel b)7)(C) 14 at that time.
15 1 (b)(7)(C) POkay. Would that WI 16 (b)(7)(C) Jlace right now?
17 -SC)he actually reported to ms.
18 (b)(7)(C) but not at this time. We didn't have a 19 so she was -
s()(C) actually reported to 20 directly tol (b)(7)(C) Iat that time.
21 (b)(7)(C) [Okay. But b()C 22 was above you, so to speak --
23 (b)(7)(C) Yes, she was.
24 (b)(7)(C) - on the chain 25 of command?
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13 (b)(7)(C) iYes, she was my boss. Yes.
(b)(7)(C) Okay. So, H 3 Band other individuals in your group had a 4 complaint about I (b)(7)(C) 7 and they brought it to your attention. And then 6 you brought it to (b)(7)(C) attention?
7 (b)(7)(C) Yes, and the group brought 8 it to (b)(7)(C) attention.
9 (b)(7)(C) rOkay. And what 10 happened after that?
11 (b)(7)(C) Nothing. We didn't --
12 nothing happened.
13 (b)(7)(C) kay. Did you end 14 up talking with (b)(7)(C) About it?
15 c les.(b)(7)(C) When the individual, 16 came to me and told me that she went to another 17 supervisor, and that that supervisor was going to go 18 to Nuclear Safety Concerns, I went t (b)(7)(C) and old me to go talk to because he 19 (b)(7)(C) 20 was the (b)(7)(C) t that time.
21 (b)(7)(C) [Okay. Maybe you 22 don't know the answer to this, but why didl,.-
23 go to another manager if she had already gone to you?
24 Any idea?
25 (b)(7)(C) Because she felt that I had NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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14 in place which meant my -- thatd (
1 barriers 2 and them weren't doing anything about it.
(b)(7)(C) nd how did you 3
4 know this?
(b)(7)(C)E She told me.
5 (b)(7)(C) ýkay. So, she went 6
7 to another manager?
8 (b)(7)(C) She went to another 9 supervisor.
(b)(7)(C) 10 I.11 right. Who was 11 the supervisor?
(b)(7)(C) !(b)(7)(C) 12 13 (b)(7)(C) Ok ay. An-d you 14 ended up having a conversation with (b)(7)(C) about 15 this. Correct?
16 (b)(7)(..;Yes.
17 (b)(7)(C) And what happened 18 after that, if anything?
19 (b)7)E) We were able to go 20 after that. He (b)(7)(C) 21 talked toF (b)(7)(C) and told us that we could go j7 mC I I (b)(7) Ias aware that she did 22 and to make sure tha C.
23 not have to come into (b)(7)(C) I 24 (b)(7)(C) Irln, . , 1I (b)(7)(C) ~1 25 resolved the issue.
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15 (b)(7)(C) khat's correct.
1 2 ]1 (b)(7)(C) -okay. Did he ever 3 give you any feedback as to how he was resolving that, 4 or anything. Did he ever come back to you, or to your 5 group and say this is what I did, the issue is 6 resolved, or anything like that?
7 (b)(7)(C) e lYes. Right after he told 8 me, I went to his office. Between five and ten 9 minutes later he came back,j (b)7)(C) myself, and 10 m zl ere in the office, and he told us that 11 12 (b)(7)(C) 13 14 (b)(7)(C) 1o 15 I(b)(7)(C) I Okay. At that 16 point in time, I'm interested in knowing what you were 17 thinking at that period of time. Did you feel that 18 because (b)(7)(C) got involved in this process that 19 there might be some negative repercussions from it?
20 21 (b)(7)(C) kay. Did you ever 22 suffer any negative consequences from E from 23 that fact that one of your subordinates went ticP 24 jor another individual rather than keeping it 25 within the chain of command in your division?
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16 (b)(7)(C 1 I (b)(7)(C) rid you ever have 2
3 any subsequent conversations with (b)(7)(C) bout this 4 whole episode?
5 S (b)(7)(C) - ýYes.[I alled me and asked 6 me about that day, and asked me what happened, that 7 she was going into a meeting, and asked me what 8 happened, my memory of what happened and how it was --
9 what happened after I went to him, and how that took 10 place.
I (b)(7)(C) lWhen did this 11 12 conversation take place?
(b)(7)(C don't remember a specific 13 14 date on that. I just remember that she called me on 15 the telephone.
r 16 I (b)(7)(C) I Was this soon 17 after this event? Was it a long time after?
(b)(7)(C) Not a long time after, but 18 19 maybe a month after. It wasn't a real long time after.
20 L(b)(7)(C) What exactly did 21 she ask you?
(b)(7)(C) She just asked me about that 22 23 day, when I raised the concern tc(27c) and what --
24 how he responded to it, and what actually happened.
25 What did I remember from that.
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17 (b)(7)(C) khat was your 1
2 understanding of what was happening at that time? I 3 mean, was she just following up on this action, or is 4 something that -- did it appear that she was going to 5 take some type of administrative action at that time?
6 You know, what was the purpose of that conversation?
7 Did you ever get a judgment as to what she was -- why 8 she was inriring?
(b)(7)(C) She was going into a 9
10 meeting. I don't know the specifics of the meeting.
11 I (b)(7)(C) *kay. It was just 12 any mee tine (b)(7)(C) he just sai d she was going 13 14 into a me eting. I don't -- I mear I, it could be 15 several di;fferent types of meetings.
(b)(7)(C) iSure, sure. And 16 17 forgive me for getting really specific here, but did 18 the meeting involveI (b)(7)(c) lat all?
(b)(7)(C) I don't know.
19 20 F- (b)(7)(C) ~ okay. So, she 21 called you one day and she said hey, what happened 22 with this event involving c
()(7)(c)
I (b)(7)(C) She said she was going into 23 24 the meeting and wanted to know what I remembered about 25 that day, the events that happened that day.
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18 1
(b)(7)(C) 1okay. And this 2 was rot ighly a month after this took place?
(b)(7)(C) Yes, it wasn't immediately 3
4 after, but it was definitely not a long time after the 5 event.
(b)(7)(C) You know, from 6
7 talking with people here in the office, did you ever 8 get an impression as to how that situation was 9 handled? I mean, was everyone happy with the way that 10 the events turned out, or did people feel that there's 11 going to be -- for whatever reason, some type of 12 trouble coming down the road because of it, because 13 people complained?
14 (b77)C) I'm not sure -- as far as 15 the people getting in trouble, or -
16 (b)(7)(C) k"vthina.
17 Il(b7)(1) Jt just -- it didn't -- I 18 think the intent of it was -- it was viewed as not 19 being helpful from him, I mean, from other -- from 20 (b)(7)(C) -and other people, it was kind of -- the 21 intent was taken the wrong way. That's the way it was 22 viewed.
23 I (b)(7)(C) Okay. Why do you 24 feel that way? How did you get that impression?
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19 (b)(7)(C) 2 In conversations 2 with her?
(b)(7)(C) es.
3 4 (b)(7)(C) lhat did she tell I
5 you?
6 ()C She asked me what I thought 7 about it, and did we think that it was right, and did 8 I feel that we weren't given the opportunity to handle 9 the situation, that he could have allowed us the 10 opportunity to have handled it.
(b)(7)(C) Okay. What was 12 12 going through your mind at that point? Did you feel 13 that there was some type of negative consequences 14 coming down the road?
15 (b)(7)(C) Not for me, no.
(b)(7)(C) IOkay. But for 16 17 other people, did you sense that something was going 18 to happen?
19 (b)(7)(C) ýt didn't -- I didn't really 20 sense that something was going to happen, but it just 21 didn't -- I thought the intent of it was taken wrong.
22 It was viewed as not being helpful.
23 The fact 24 that 25 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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20 1
(b)(7)(C) I __ was not 2 helpful.
3 I(b)(7)(C) .Yes. That the intent of 4 that was taken --
5 (b)(7)(C) Okay. Was there 6 ever ny a: subsequent meetings that took place to 7 address this issue?
8 X(b)(7)(C) Not involving me, so I 9 don't--
10 I (b)(7)(C) Jkay. Did you ever 11 hear of any other meetings taking place in the office 12 about this issue?
13 S()7)(C) *ith -- the issue wit 14 7 ( )C] ' andraising --
15 16 I(b)(7)(C) I and fixing the issue?
(b)(7)(C) Yes.
17 I (b)(7)(C) No, I did not hear of any 18 19 other meetings.
(b)(7)(C) Okay. There wasn' t 20 21 any meetings, just to refresh your memory, involving 22 your subordinates whereL (b)(7)(C) addressed the group 23 and said if there's an issue, we prefer that it be 24 handled among ourselves, as opposed to going outside, 25 or anything like that?
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21 1
2 I Were you there for I (DO( (
3 the meeting at the time?
- Yes, I was.
(b)(7)(C) - Ie , I w s 4
5 (b)(7)(C) *hen did that take 6 place?
(b)(7)(= 1I don't know the dates. I 7
8 can find the dates, but I don't know the dates. It was 9 during one of our standup meetings.
10 (b)(7)(C) Okay. Can you 10 describe to me what a standup meeting is?
I )7 Station standup. We have an 12 13 actual topic to talk about concerning safety, or INPO 14 principles, and we discuss it in our group setting.
(b)(7)(C) Okay. And give 15 16 you like roughly a period of time this took place?
17 Would it have been during the summer, fall?
I (b)(7)(C) ýIt would be before -- right 18 19 before (b)(7)(C) Iright before F77_ time frame.
20 21 still 22 23 24 present for this meeting?
(b)(7) 25 (b)(7)(C) (C) I personnel.
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22 (b)(7)(C) k ay. Well, how 1
2 many people would that involve?
(b)(7)(C) Approximately 30.
3 4 (b)(7)(C) !Okay. And you were 5 present?
6 (b)(7)(C) lYes, I was.
(b)(7)(C) nd who led the 7
8 meeting, was itd (b)(7)(C)
S (b)(7)(C) tOur standups are employee-9 10 led, so -- but afterwards supervisors and managers 11 speak, or they chime in.
12 (b)(7)(C) Iokay. What 13 happened during that meeting?
14 (b)C) ,,We were told that the -- to allow management within our department to handle (bX7) 15 I(C) 16 issues, not to -- we can go to other managers, but we 17 need to utilize our managers within the department 18 first, allow them the opportunity to fix the issues.
19 I (b)(7)(C) ISo said that, 20 basically? Who was the person?
21 22 (b)(7)(C) [Okay. Did she get 23 any type of feedback during that time?
24 (bc(: I don't remember at that 25 time if there was feedback.
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23
.... (b)(7)(C) Jid anyone raise 1
2 their hand and say you know what, this -- I don't 3 agree with what you said, anything of that nature?
4 5 I (b)(7)(C) IOkay. Was there 6 another setting where someone came forward and didn't 7 agree with what 7 (b )( )C) aid?
'.Yes, afterwards several 8
9 people talked about that, and they felt that it was 10 because they went t0 (b)(7)(C) J and he was helping 11 them with their concerns, that they could no longer go 12 get help from any other manager. So, they were 13 talking about that, and asking if that was the intent 14 of that.
I (b)(7)(C) iOkay. Did you 15 16 agree with that assessment?
i-From the employees?
17 (b)(7)(C) - - Y s 18 (b)(7)(C) .I didn't know the intent of 19 20 that, what she meant by that.
21 I (b)(7)(C) :kay.
C B But it happened right after 22 23 that event, so it felt that way.
(b)(7)(C) *kay. Did you feel 24 25 that way?
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24 1
(b)(7)() TFhat I could not?
2 I (b)(7)(C) es, or --
(b)(7)(C) NO.
3 4 (b)(7)(C) -- just a couple 5 of people feel that way?
6 !)Just the employees felt that 7 way, supervision did not.
8 IOkay. How many I (b)(7)(C) 9 employees do you think felt that way, if you know the 10 answer?
(b)(7)(C) 1I would say no more than 11 12 seven. It was a select group.
(b)(7)(C) 13 1. (b(( Did they approach 14 you after the meeting about it, or --
(b)()(C ) -Yes.
15 16 (b)(7)(C) I. ka. And all 17 about seven or whatever people came to you and said 18 hey, this isn't right. We don't like the impression 19 that we got from the statements made by (b)(7)(C) 1 (b)('OC) 1es.
20 21 (b)(7)(C) = Did you agree with 22 them, though?
(b)(7)(C) .Agree with them?
23 24 (b)(7)(C) Yes.
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25 1 still go to other management if they needed to raise 2 a concern, that they had other avenues that they could 3 raise a concern. If they felt that way, that's not 4 the way they should feel.
I (b)(7)(C) Jkay. It sounded 5
6 from your testimony a few moments ago that you did not 7 agree with them in their impression, that you are free 8 to go about and talk with anyone else if you want.
9 10 11 and I'm paraphrasing here. I don't want to put words 12 in your mouth. Management preferred that they be 13 contacted first to deal with the issue?
14 (b)(7)(C) es, to allow them to try to 15 fix the issue first.
16 (b)(7)(C) ~ kay. Now, in your 17 opinion after having attended that meeting, did you 18 feel that you were being pressured not to go to 19 another manager with a complaint or a concern?
20 21 not to go to him, but the option was still there to go 22 to other managers.
23 (b)(7)(C)
JL Ikay. You still 24 had that option, but --
25 )yes. There 's -- yes, and NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE.. N.W.
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26 1 that was -- they did tell us that we could go to --
2 there are other avenues to raise concerns. Just allow 3 them -- they would like to be allowed the opportunity 4 to fix the issues before we went to outside 5 management.
(b)(7)(C) kay. I just want 6
-7 to make sure I'm clear on that. I'm just a little 8 confused.
9 So, you felt that after that meeting that 10 you could go to another person if you really needed 11 to, but you understood that management preferred that 12 you deal with it within your division first.
(b)(7)(C) *es 13 (b)(7)(C) ks that fair?
14 (b)(7)(C) Yes.
15 (b)(7)(C) 1!okay. Did you have 16 17 any other conversations withL (b)(7)(c) 7about that 18 whole event?
19 (b)(7)(C)I
) JI, o .
(b)(7)(C) Were you involved 20 in the decision making to terminate- (b)(7)(C) 21 22
- 3 (b)(7)(C) .Did he ever come 23 24 to you and make any complaints aboutt (b)(7)(C)
(b)(7)(C) No.
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27 1
2 ILb)7)C go off the record for a minute.
JAll right. We'll 3 (Off the record.)
4 (b)(7)(C) Back on the 5 record. The time is approximately 11:34 a.m.
6 Were you ever subsequently interviewed by 7 anyone here on site about this whole issue about 8 whether or not you could go to another supervisor and 9 raise a concern, or anything like that?
(b)(7)(C) i've talked to Employee 10 11 Concerns, yes.
(b)(7)(C) ýhey came out and 12 13 initiated some type of inquiry?
S (b)(7)(C) jyes.
14 (b)(7)(C) Okay. Now, who 15 16 interviewed you, do you remember?
17 I (b)(7)(C-) ]* believe his last name is 18 I (b)(7)(C) 19 (b)(7)(C) Okay. Do you with (b)()(c) 20 remember having any other conversations 21 about that whole episode?
22 . (b)(7)(C) fhe episode about the manage 23 -- not being --
(b)(7)(C) ýes, 1 the meeting 24 25 tha*t (b37)cl had with -- the standup meeting.
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28 1 I j ... bout that meeting, no.
(b)(7)(C) 1kay. Did you have 2
3 any conversations with her about anything else related tol to (b)(7)(C) 4 I (b)(7)(C) -She -- yes, she asked him 5
6 about being a covered worker, and the definitions of 7 covered worker. And he got back to her regarding that 8 also, so that was another issue that she had talked to 9 him about. And she felt that he had provided her 10 follow-up.
11 L (b)(7)(C) kay. Before we 12 conclude here, I just want to touch upon another -- the same topic we discussed a few moments ago about 13 14 E and -- let's see. It was the meeting about the 15 I (5)(7)(C) ý concerns. Remember going back where we 16 discussed originally?
S (b)(7)(C) Y s 17 .'Ys.
18 I (b)(7)(C) [ou had a quick 19 conversation withdIý II1 bout it. Correct? The 20 conversation just before she went into that meeting?
(b)(7)(C) The meeting about (b)(7)(C) 21 (b)(7)(C) : ight. She wanted 22 23 to know how it was resolved, or if it was resolved?
(b)(7)(C Yes. When she went into a 24 25 meetina and she had asked me. I don't know if it was NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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29 1 I (b)(7)(C) Imeeting she went into.
2 (b)(7)(C) INo, but --
(b)(7)(C) think he's asking -- he's 3
4 just referring to the meeting where the discussion 5 about the on call possibility was discussed.
(b)(7)(C) 1: :Yes .
6 (b)(7)(C) , "
7 8 way that (b)(7)(C) tould have misinterpreted your 9 conversation and would say that you told her that the 10 issue was never resolved?
S (b)(7)(C) kPell, she can't read(
11 (C) 12 13 14 j.....4;ture.
15 .;I did not follow-up with J 16 the -- us aoina on all call on theL 17 status.
(b)(7)(C) 4Right.
18 (b)(7)(C) (b)(7)(C) ad contact with 19 20 jluring J(b)(7)(c) that time. She informed f 21 everything that happened.
(b)(7)(C) jkay. I was under 22 23 the impression that you had a quick conversation with 24 (b)(7)(C) ight before she went into that meeting.
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4 30 1 the meeting, she did call me and ask me what he -- how 2 it took place. I don't -- so you're -- she could have 3 misinterpreted what I said?
4 I (b)(7)(C) Right. You 5 basically told her what happened. Correct?
- .That's correct.
6 (b)(7)(C) lYou told her 7
basically thati (b)(7)(C) aZ ad an issue with the ().
8 9 and that (b)~ - or0 )C ook care of 10 the issue. That's basically what you told her.
(b)(7)(C) Yes, that he came up and I 11 12 told her what he said to us.
(b)(7)(C) jAll right. My 13 14 question is, is there any way that she could have 15 misinterpreted your conversation at that time and 16 thought that -- or somehow came under the impression 17 thati (b)(7)(C) id not resolve that issue?
(b)(7)(C) - She asked me if we had to 18 19 still do a (b)(7)(c) , and I said yes, we had to do a So, if that's misinterpreting that the 20 21 issue wasn't resolved because we still had to do a 22 (b)(7)(C) Okay. Under what 23 24 circumstances would you have a (b)(7)(C) I 25 S (b)(7)(C) Critical path work for the NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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31 1 actual plant, having an issue in NECP, or some type of we would have to (C) 2 document for them to do work, so 3 in a, (b)(7)(C) to issue the document for them.
(b)(7)(C) fkay. You kind of 4
5 lost me there. If I understand you correctly, that 6 because of this issue involved, thel (b)(7)(C) -]issue, 7 it required a standup meeting? Do I understand you 8 correctly?
(b)(7)(C) 0O. No, no. I think what 9
10 she said is thatd2)7)¢ ad arranged that employees 11 could bel (b)(7)(C) 7 12 (b)(7)(C) But even though they tried to 13 have the employees (b)(7)(C) 7 14 (b)(7)(C) anyway, so 15 it wasn't as if they didn'ti (b)(7)(C) 16 (b)(7)(C) 17 18 (b)()(C)Yes.
I(b(7)(CIs that clear? The 19 20 employees didn't want to have to (b)(7)(C) 21 (b)(7)(C) 22 23
~1 Ib)(7)(C) -1 IOkay 24 "l b)~(7)c) .okay .
,(b)(7)(CSo, that extent it didn't 25 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE.. N.W.
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32 1 resolve the problem for the employees who didn't want 2 to I (b)(7)(C) 3 4
5 6 (b)(7)(C) hat's correct.
7 (b)(7)(C) I just want to 8 make sure I understand this correctly. We'll go over 9 it just a little more again.
10 About a month after this event involving 11 the (b)(7)(C) issue, (b)(7)(C) v ires you a call.
12 (b)7)() That's correct.
13 (b)(7)(C) And she says I'm 14 about ready to go into this meeting. What happened 15 during that time that you dealt with (b)(7)(C) And 16 you told her about what (b)(7)(C) 17 F-(b(7(CY ]es.
(b)(7)(C) -- had done.
18 19 1~ (b)C)((Yes.Ys
~(b)(7)(C)
(((1 right. And 20 21 then you added on that there had to be a standup 22 meeting, or she asked you does there have to be a 23 standup meeting, and you said yes.
24 l)(7)(c) - A standup --
25 (b)(7)(C) don't recall her saying NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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I 33 1 that.
(b)(7)( standup meeting _ - we had 2
3 -- we do have station standups.
(b)(7)(C) JDkay.
4 (b)(7)(C) And that talks about 5
6 different topics here on site, but that wasn't the end 7 result. We have to do those every Tuesday, so that's 8 not a -- as a result of the meeting.
(b)(7)(C) 1Okay. I'm just 9
10 confused by the testimony then. During this phone 11 conversation you had with (b)(T)(C) what else was 12 discussed?
hat was it.
,)C) She asked me 13 14 what I remembered.
15 I (b)(7)(C) *kay.
(b)(7(C) And I told her what 16 17 happe ned, how he came up toI afterwards and gave us 18 the o)ptions. And then she clarified we still had to (b)(7)(C) I 19 do al (b)(7)(C) 20 I Oh,7) -- I'm 21 sorry.
(b)(7)(C) hat's what I was --
22 23 (b)(7)(C) T ot allowing --
24 okay.
(b)(7)(---Two different things.
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34 (b)(7)(C) JlI right. Yes, we 1
2 are, two different things. All right. Well, I'm glad 3 we cleared that up.
4 All right. So, eventually that weekend 5 the employees had to come in for a couple of hours.
6 (b)(7)(C) 1Y es 7 (b)(7)(C) Kkay. And that 8 was the issue. And going back to my original question, 9 and the reason I'm asking you this is because, 10 evidently,t (b)(7)(C) according toi (b)(7)(C) got the 11 wrong impression, and supposedly said that you told 12 her that the situation was not resolved.
I, (b)(7)(C) 1T did not.
13 (b)(7)(C) Okay. All right.
14 15 I just wanted to clear that up. All right.
16 I appreciate you taking time out of your 17 busy schedule to meet with me today and answering my 18 questions. Is there anything that I didn't ask you 19 about that you want to add for the record?
.L (b)(7)(C) *0.
20 (b)(7)(C) kay. Counselor, 21 22 do you have any questions?
(b)(7)(CNo, S I do not.
23 (b)(7)(C) Okay. 3 24 ave I or any other NRC representative 25 !O(
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t 1 35 1 threatened you in any manner or offered you any 2 rewards in return for this statement?
(b)(7)(C) 3 (b)(7)(C) 0ave you given 4
5 this statement freely and voluntarily?
I ~y e s.
(b)(7)(C) es 6
7 (b)(7)(C) Is there any issue 8 or topic of a specific nature that was not addressed 9 and is relevant to this investigation?
10 S (b)(7)(:C: ?.
11 (b)(7)(C) At this time the 12 interview will be concluded. The time is 13 approximately 11:44 a.m.
14 (INTERVIEW CONCLUDED.)
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4
-b.'
4 CERTIFICATE This is to certify that the attached proceedings before the United States Nuclear Regulatory Commission in the matter of:
Name of Proceeding: Interview of (b)(7)(C)
Docket Number: 4-2011-059 Location: San Clemente, California were held as herein appears, and that this is the original transcript thereof for the file of the United States Nuclear Regulatory Commission taken by me and, thereafter reduced to typewriting by me or under the direction of the court reporting company, and that the transcript is a true and accurate record of the foregoing proceedings as recorded on tape(s) provided by the NRC.
(b)(7)(C)
Of ficialuranscriber Neal R. Gross & Co., Inc.
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