ML12275A477

Exhibit 9 to ROI, Case No. 4-2011-024 - Transcript of Interview

ML12275A477
Person / Time
Site:	San Onofre
Issue date:	09/29/2011
From:	NRC/OI
To:
References
4-2011-024, FOIA/PA-2012-0185
Download: ML12275A477 (37)

Text

1

-1C' 1 UNITED STATES OF AMERICA 2 NUCLEAR REGULATORY COMMISSION

+ +++4 4 OFFICE OF INVESTIGATIONS 5 INTERVIEW 6 ----- ---------- -x ---

7 IN THE MATT'ER OF:

8 INTERVIEW 0 F 01 Case No.

(b)(7)(C) 9 4-2011-024 10 (CLOSED) 11 ------- x 12 13 Thursday, September 29, 2011 14 15 San Onofre Nuclear Generating Station 16 San Clemente, California 17 18 The above-entitled interview was conducted 19 at 9:41 a.m.

20 21 BEFORE:

22 Lenior Special Agent (b)((C)

I(b) 23 [special Agent 24 25 S20 111 - 024 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS (202) 234-4433 1323 RHODE ISLAND AVE., N.W.

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I I 2

1 APPEARANCES:

2 On Behalf of the Interviewee, Other Individuals 3 Involved in the Investigation and Southern 4 California Edison Company:

(b)(7)(C) 5 1

(b)(7)(C) 6 7 of: Law Department 8 Southern California Edison Company (SCE) 9 2244 Walnut Grove Avenue 10 Rosemead, California 91770 11 (626) 302-1212 12 FAX -4393 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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1 P-R-O-C-E-E-D-I-N-G--S 2 9:41 a.m.

3 [SR. SPEC. AGENT I(b)(7)(C) For the 4 record, this is an interview of (b)(7)(c)

(b)(7)(C) 5 1 who's employed by Southern California 6 Edison.

7 Today's date is September 29, 2011. The 8 time is approximately 9:41 a.m.

9 This interview is being conducted at San 10 Onofre Nuclear Generating Station.

11 (b)(7)(C) my name is 12 I'm a pecial Agentlwith the Office of Investigations, 13 Region IV. Also present is[pecial Agent 7 (b)(7)(C) 14 And is acting as your attorney 15 today.

(b)(7)(C)I 16 I Right.

17 LR. SPEC. AGEN T II This interview 18 is being recorded, and a transcript will be produced 19 from this recording.

20 I need to ask you do you have any 21 recording devices on you?

I(b)(7)(C) 22 1 No, I do not.

LSR. SPEC. AGENT (b)(7)(C) 23 (b)(7)(C) 24 No.

25 LR. SPEC. AGENT T Okay. The NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., NW.

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%*vmI .......

-(C 4 1 purpose of this interview is to discuss allegations (b)(7)(C) 2 raised by I regarding possible 3 retaliation by San Onofre Nuclear Generating Station.

4 (b)(7)(C) Okay.

5 [SR. SPEC. AGENTI( Okay.

6 Would you raise your right hand please, 7 sir?

8 Sure.

LSR. SPEC. AGENT Do you swear 10 the information you are about to provide is the truth, 11 the whole truth and nothing but the truth, so help 12 you, God?

(b)(7)(C) 13 I do.

214 (b)(7}(C) [SR. SPEC. AGENT 1()7()Okay.

15 does your company require you to have an 16 attorney present here at the meeting?

17 1lb)(7)(C) No.

19 (acting as your attorney today?

(b)(7)(C) 20 Yes.

21 LR. SPEC. AGENT (b)(7)(C)[ Did you select 22 I()(7)(C her or was she provided by the company?

I 23 , -- I asked for to 24 represent me here. And it was provided by the 25 company.

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A 1*c, 5 1 [R. SPEC. AGENT[cI Okay. Were 2 you threatened with any adverse action if you did not 3 request an attorney to be present during this 4 interview?

5 {~(b)(7)(C) { O 5 No.

6 SR. SPEC. AGEN Okay. Do you 7 understand that you have the right to a private 8 interview with me without an attorney present?

I(b)(7)(c) 9 Yes, I do.

10 [SR. SPEC. AGNT(b)(7)(C)Oky (b)(7)(C) 1 could you please identify yourself for the ijc 12 record?

(b)(7 )(C) 13 I(b)(7)(C) I ' a(b)(7)(C) with the 15 Southern California Edison law department.

16 tR. SPEC. AGENT ~ Okay. And do 17 you represent other people in this investigation?

(b)(7)(C) 18 Yes, I do.

19 [R. SPEC. AGENT [(b)(7)(C) Do you also 20 represent Southern California Edison?

(b)(7)(C) 21 I do.

22 [SR. SPEC. AGENTZ b)(7)(C) Do you foresee 23 a possible conflict of interest?

I(b)(7)(C)I 24 No, I do not.

25 ýR. SPEC. AGENTIE(b)(7)(c) And if one NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

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-Ic-1 arises, what would you do?

(b)(7)(C) (b)(7)(C) 2 11 would inform [ j 3 that I could no longer be his personal representative 4 here, but I will continue to represent the company and 5 the other witnesses, that he would be free to continue 6 the interview without representation, terminate it or 7 request a postponement to select a representative of 8 his own choosing.

AG NT (b)(7)(C) (b)(7) 9 SR. SPEC. AGENT Okay. And(C) 10 y you understand that she represents other 11 people as well as Southern California Edison?

(b)(7)(C) 12 Yes, I do.

13 _R. SPEC. AGENT [ And with that 14 understanding, you still want her here for this 15 interview?

(b)(7)(C) 16 Yes.

17 [SR. SPEC. AGENT lbx(7(C) Okay.

18 rPlease.

19 [SR. SPEC. AGENTE Okay.

20 (b)(7)(C) could you go over your background here and 21 employment here at SONGS?

22 (b)(7)(C) I (b)(7)(C) 23 24 25 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

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7 (b)(7)(C) 1 2

3 4

5 6

7 8

9 10 11 12 13 14 15 16 [SR. SPEC. AGENT 7(b()(C) Okay. So in 17 July of 2011, you came back to --

July of 2011, I went back on 18 19 shift. That's correct.

20 [SR. SPEC. AGENT()(7)(C) What division?

)(7)(c) (b)(7)(C) 21 22 I(b)(7)(C) I 23 [SR. SPEC. AGENT o)(7)(c)

Okay..

( j do you know (b)(7)(c) 24 f u f ij(7)Cc Yes, kno 25 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

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C, 8 1 [SR. SPEC. AGENT 1(b)(7)(C) How do you 2 knowI(b)(7)(C) 3 1(b)(7)(C) IMy first interaction with Zh was one of the or a 5 (b)(7)(C) I don't know exactly which. But he 6 was -- he was I(b)(7)(C) 1 7 Then I recall there was some changes made.

8 He went into thee )(7)(m) IAnd actually I kind 9 of lost contact with I'd see him in passing 10 pretty much. But the latest is he's -- he's in the S (b)(7)(C) ýow because I7)(C) took over all 12 the So again, he was in )

13 I believe at some point. So I really 14 didn't have a whole lot of contact withI(7(b)(7)(C) until 15 16 2010

)(C) when I -- I became when we had some changes.

the And that was 17 July -- late July of 2010 up until December 15th of 18 2010, wel(b)()c) And then the 19 only interaction with him then because I was the 20 (b)(7)(C) I _ b)(7)(C) -

21c I1 had a direct report that really managed that 22 group. So I didn't have a -- like a day-to-day 23 interaction wit'(b)(7)(C) 24 LSR. SPEC. AGENTI I And during 25 your stint as ()(C) ' ýis that NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., NW, (202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com

9 1 the only time he ever worked -- I know he didn't work 2 directly for you but he worked under your umbrella 3 basically.

4 ( That's the only time.

5 SR. SPEC. AGENT Did you ever 6 work with him in the past?

I(b)(7)(C) 7 1 -- I don't recall ever (b)(7)(C) -

8 working wit 1I jother than maybe being at the same 9 meeting when -- when I was in engineering but not in 10 the same group, no.

11 [R. SPEC. AGENTE Okay. From 12 your exposure or your knowledge of [b)(7)what 13 type of employee do you consider him to be?

(b)(7)(C) 14 I -- I've -- I've not had 15 any bad experiences with -- you know -- as far 16 as his work. I don't have any issues at all. I mean, 17 I've -- I've known him to be a good employee. And 18 recently there's been some behavior issues I was --

19 you know -- made aware of. And that was -- that's 20 about the only thing I could say -- you know -- in a 21 negative connotation.

22 SR. SPEC. AGENT Okay.- You 23 said you were made aware of them. But did he exhibit 24 those in front of you -- those behaviors you were 25 talking about?

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IC-10 (b)(7)(C) I No. (b)(7)(C) always been 1

2 very professional in front of me.

3 [SR. SPEC. AGENTI Okay. Do you know of[~)7)c Jto

((b)(7)(C) raise safety concerns?

4 5 ( II It would -- it's hearsay.

6 I -- I have heard. I don't know that for a fact.

7 I've just -- you know -- I've -- I've heard that there 8 has been some issues raised in the past. And I don't 9 know that he has particularly raised any.

10 (SR. SPEC. AGENTI(b)(7)(C) Okay.

are you aware that raised a concern II 12 or an issue regarding an unqualified individual being 13 placed as a fill-in supervisor when he worked in the lb)(7)(C) 14 (b)(7)(C) Yes. I -- he corn -- all I i5 16 know is that he complained to the supervisors that she 17 shouldn't have been put in charge.

18 (SR. SPEC. AGENT (b)(7)(C) Okay. Were 19 you aware of the notifications that was written or did 20 you read the notification that was written?

21 [I( No, I did not. I did not 22 see the notification.

23 fSR. SPEC. AGENT I(b)(7)(c) Okay. I'm 24 referring to Notification You said you 25 haven't seen it?

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ii l(b)(7)(C) 1 No, I have not. This would 2 be the first time I've read it.

3 (SR. SPEC. AGENTE[b7!(¢ I just want to 4 review. I know you said you haven't read it but just S that that's the same issue that you had heard about.

(b)(7)(C) (b)(7)(C) 6 [ So it's dated 7 Okay. So this -- I -- I know the issue. This is the 8 first I've seen -- I didn't know there was a 9 notification written.

10 CSR. SPEC. AGEN TII Would you have (b)(7)(C) 11 been the fat that time?

12 I -- I want to say no 13 because at this time I know I was out of town. it 14 wasn't until the end of July that I came in.

m(b)(7)(c)I I think -- I think I 15 16 (phonetic) was still theI(b)(7)(c) on 7/9.

17 CSR. SPEC. AGENT[= ]Okay.

18 (b)(7)(C) We could check the records 19 to validate it. But I believe my time started at the 20 very end of July, and it could have even been the 21 first week in August.

22 [SR. SPEC. AGENTZ~)7)C Okay.

23 Because I know I was back at 24 Zin the July time frame. And it was after I came 25 back which was the very end of July. So -- yes, I NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

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• BIBp .......

12 1 wouldn't -- you know -- so I mean, as far as --

2 FSR. SPEC. AGENT 777 -1 I guess I'm 3 asking you you weren't made personally aware of the 4 situation?

l(b)(7)(C) 5 1No, I wasn't.

6 [SR. SPEC. AGENT (b)(7)(C) Okay.

7 bAnd I -- I do the n the 8 b once in a while when I'm here.

9 [SR. SPEC. AGENTb)) II That was77 10 J~)(7)(C) 11 But I was out of town.

12 1(b)(7)(C) 12 -

13 ýR. SPEC. AGENT1b(7)(¢) Okay.

14 rS(7)(C) So I -- r)(7(C)w 15 actually was the manager of this group, he would do a 16 lot of it. He'd do it most of the time.

(J(C) 17 [ j phonetic) or myself would -- would fill in 18 when couldn't do it. So I don't -- I don't 19 recall this ever being shown to me or raised at any 20 time.

• I"(b)(7)(c 21 [SR. SPEC. AGENTZ IOkay.

22 (b)(7)(C) I And as far as an unqualified 23 person, I don't know that there's a -- there's a 24 qualification in the (b)(7)(C) that says 25 you have to be this -- this rank to fill in as a NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

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h 13 1 supervisor. I don't believe -- I believe that was 2 strictly a personal development issue. I don't -- you 3 know -- maybe maintenance had qualifications. But I 4 don't -- you can look -- I don't believe there is 5 still even today there's a qualification that says 6 this person would not be allowed to act in his -- in 7 her boss' place or his boss' place because they're not 8 a qualified supervisor.

(b(7(C) 9 [SR. SPEC. AGENT[I Okay.

I(b)(7)(C) I I don't know of that policy.

10 11 PR. SPEC. AGENT[Ib)7)C Okay. Along 12 those terms, in the (b)(7)(C) you're not 13 aware of any policies. Do you know if there would be 14 different policies -- I'm just asking you from your 15 knowledge --

(b)(7)(C) Yes.

16 17 [~SR. SPEC. AGENT I -- in 18 maintenance or any other division that would have a 19 policy that states you have to have these 20 qualifications to fill in as manager or a supervisor?

(b)7)(C) lMaybe 21 in the craft. I 22 believe there's something in the craft if -- if I was 23 going to pick a journeymen's craft and -- and fill in 24 as the supervisor or a lead man -- however they want 25 to term it. It's -- it's a little bit different NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

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"<'O 14 1 craft. But as far as these ()7)(c)

(b)(7)(C) 2 I and -- I don't know that there is one -b)(7)(C) I don't think there is one.

3 4 ýSR. SPEC. AGENT -J Okay. Would 5 you say it was a supervisor's or manager's discretion 6 as to who he would put in charge?

I(b)()(c)I would -- I would say it's 7

8 totally up to the manager or the supervisor who they 9 put in charge.

10 [SR. SPEC. AGENT 1 Okay.

Correct.

11 (b(7(C) 12 ISR. SPEC. AGENT And at the 13 time that you were the I(b)(7)(C)I 14 I(b)(7)(C) was one of these supervisors, is that 15 correct?

I(b)(7)(C) 16 was the (b)(7)(C) 17 "SR. SPEC. AGENT (b)(7)(C) And did he 18 19 ever discuss with you or did you ever discuss with him 20 the process he uses to fill in when he's gone or who 21 he selects or how he selects anybody?

I I No. No, I was -- I was 22 23 never a part of any of that. No.

24 R SPEC AGENT b)(7)(C) Okay.

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15 F(b-)(7-)(c-)l 1 honestly what process[ Jused to select whoever he 2 selected to do that. No.

3 FR. SPEC. AGENTI (b)(7)(c) Okay. All 4 right. Now I'm going to ask you some questions about (b)(7)(C) 5 - regarding her qualifications of which you'd 6 know about her and just we can say that you know her 7 and you know her qualifications.

8 How long have you known 9 Oh, I'm going -- she's been 10 around probably(7)(C I When I worked in 11 (b)(7)(C) I know she was over in I)(7)(C) 12 She used to do some of the Ib)(7)(c) She'd do the (b)(7)(C) 13

14. And if we had things, I -- I got involved with that bit when I -- when I was ae(b)(7)(C) 15 group a little (b)(7)(C) 16 eLaking some -- you know -- changes to 17 (b)(7)(C) They would process it and then get it 18 over to the (b)(7)(C) But that's really all 19 I knew.

20 And it wasn't -- I'll be honest with you 21 -- it wasn't until this issue came up I even knew that 22 she was in -- in as a 17)(C) I didn't know 23 that.

24 [SR. SPEC. AGENTI (b)(7)(c) Okay.

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• __,r

16 1 passinr. And I would say hi.

2 [SR. SPEC. AGENTI (b)(TXC) Okay.

(b)(7)(C) I And that's about the extent 3

4 of my -- my knowledge of --

5 [SR. SPEC. AGENT[ So if I asked 6 you about her qualifications or capability of being in 7 charge?

(b)(7)(c)I i couldn't tell you.

8 9 [SR., SPEC. AGENT Z)(7)(Cc Okay.

(b)(7(C) I I couldn't comment on it.

10 11 [ýR. SPEC. AGENT II] Okay. Arnd you 12 touched on this a little bit earlier, but I was going 13 to ask you if there's any special training required to 14 fill in fortl c7)) [when he's not --

b)(I)(C) haven't -- i'll be honest 15 16 with you. I am not aware of any -- any requirements 17 that we have. They could be there. I'm -- I'm not 18 aware of it.

19 And again, it's kind of a little weird 20 situation because we were -- we were in the process of (b)(7)(C) 21 ISo 22 -- and that might have happened -- this -- we were 2.3 already there. I know we were there when this 24 happened. But it wasn't that far.

7 25 So as anj(b)( )(C) we weren't NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

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17 1 really used to these other people being under us. And 2 we were -- we were trying to get -- we had our own 3 issues with our own (b)(7)(C) Now we're 4 -- we're branching out. We're taking on the whole 5 thing. So had his hands full trying to get 6 everybody on board. We're going to a -- I guess if 7 you want to call it -- like a I)(7)(C) You 8 get this slight standard so all the different

](,7(C) 9 read identical -- you know -- look the lihb)(7)(C) 10 same. So I could pick up aI a 11 (inaudible) I and they would look the same.

12 And that's really what the big effort was -- the --

13 the whole conversion at the time. That's -- that's 14 about the extent of my knowledge of what was going on 15 with I(b)(7)(C) ýt that point.

16 So as far as who -- I would leave that --

17 I would say that's totally up to the supervisor and (b(7)(C) 18 the manager which is to decide who would --

19 between the two of them. They would do it. And then 20 if they couldn't figure it out, they could getlI 21 who was the actual I(b)(7)(C) that-was in charge of 22 that group.

rb)(7)(C) 23 [SR. SPEC. AGENT Okay.

(b)(7)(C) 24 [ But I -- I -- I don't even 25 -- I don't think that I would even get involved in NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

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r-C 18 that decision as a b 7)(0) as an In(b)(7)(C) 1 2 ora(b)(7)(C) -- you know. That's kind of day-to-day 3 running of your -- your little organization.

4 [SR. SPEC. AGENT b)(7)(c)kay. And I 5 was just wondering if there was any procedure that you 6 were aware of -- any policy or any type of --

7 j(b)(7(C)Not for -- not for 8 r )(7)(C) 7 no.

9 [SR. SPEC. AGENT 1()7()Okay.

I0 *( "was suspended back in September 2010 -- actually September 20th through September 24th. And you were 1(b)(7)(C) Jat that time?

12 I~)cc lCorrect.

13 14 [SR. SPEC. AGENT II Okay.

(b)(7)(C) Correct.

15 16 *R. SPEC. AGENT 1(b)(7)(c) How was his 17 suspension handled? Who took the lead on determining 18 he was going to be suspended?

19 (b)(7)(G) m7CIt was a bit of a group 20 effort. It was -- it started withLjc) and [j --

1h)(7)(C) land (b)(7)(C) 21 with the issues they were having. (b)(7)(C) as working throughI7 22 (b.)(7)(C) 23 and through And it seemed like they 24 weren't getting a lot of movement either way.

25 And HR talked to me .... which is NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

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10 1 (b)(7)(C) 2 (b)(7)(C) 3 (Yes. She -- she called me 4 (b)(7)(C) and asked for a meeting. And 5 we talked. And we went over the -- the issue. She 6 laid down a -- kind of the facts -- here's what's 7 going on, here's what it is. Gave me a recommendation 8 that a suspension is in order. And that's basically 9 what i met withJ~

1 c)3b3(b7C) fb3~1 d said ndj Jan and said -- you 10 know -- HR has recommended suspension. I agree with 11 this. If this is what you have and this is what has 12 happened, I agree a suspension's in order. And that's 13 -- that's really what it was.

14 [SR. SPEC. AGENT The J~)7(C)1 15 information that HR had -- [ -- who 16 provided it to her? Who provided that information to 17 her?

}(b)(7)(C) 18 l (inaudible) . To the best of 19 my knowledge, it was -- it was )(7)(C)-- to 20 the best of my knowledge.

21 [SR. SPEC. AGENTTI(b)(7)(C) Okay. Did he 22 go through you with that information before he 23 provided it to HR?

24 (b)(7)(C) That's -- I don't recall.

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20 1 there was a discussion. They had -- there was a 2 couple of messages on my phone from [jandl j 3 They wanted to talk. We talked a little bit. And 4 then about the same time, I -- I got this call from HR 5 that they wanted to meet with me. So I told them --

6 I said let me get back to HR and then we'll sit down 7 and we'll talk about your issue and -- and see. So --

8 so that's really where it came from.

9 [SR. SPEC. AGENT I Okay.

10 (b)(7)(C) it developed in the group.

11 @R. SPEC. AGENT[7) And again, I 12 want to ask you a process question. But is there a 13 process that manager goes through or a supervisor goes 14 to a manager through a director to get a suspension 15 approved or to concur with suspension?

16 f fij Yes. There were -- yes. If 17 wanted to go, he would work throug an' 18 And that would come to the director for the final 19 approval. Correct.

20 [SR. SPEC. AGENT Okay. It 21 wouldn't go to you before it went to HR? They'd get 22 that information and then present it to you. Is that 23 the process?

24 I I would get H -- I believe 25 as a supervisor, I would get HR involved. That's what NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

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C- 21 1 we tell them is get HR involved right in the 2 beginning. So I believe the policy and the way we do 3 business here is get HR involved right in the get-go 4 -- right in the beginning. And then if -- then we'll 5 work it through. And the director will get involved 6 at a later date -- you know -- trying to solve the 7 .problem if we can or take the corrective actions. I 8 agree with the corrective actions.

9 SR.' SPEC. AGENT1(bI(7)(C) Okay.

10 I believe HR's involved 11 right away. That's -- that's what's been preached to 12 me. That's how we've done things in the past.

13 [R. SPEC. AGENT All right.

14 The day was suspended, were you present?

(b)(7)(C) 15 I I) I was present at the 16 meeting, yes.

17 [SR. SPEC. AGENT1 (b)(7)(c) Okay. What 18 transpired at the meeting?

19 f fij It was very simple.

(b)(7)(C) 20 and myself and - the only reason 21 .[.. wasn't there, I think he was offsite, like 22 he was on a -- a benchmark trip or something.

23 So I was there as the management 24 representative. b just read a basic statement 25 explaining -- you know -- what we're doing, why he's NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

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22 1 here, that we were going to suspend him for a week, 2 here's why, and do you have any questions. And at 3 that time,) said no. [j was very respectful.

4 We took his badge, escorted him offsite. Arnd that was 5 really the extend of the suspension meeting. It was 6 pretty straightforward and to the point. Here's what 7 it is. Here's what we're doing. Here's why. So --

8 SR. SPEC. AGENT E Who prepared 9 the remarks to present to b)(7)(c) when he was 10 suspended?

11 (b)()C) with the 12 help of HR.

13 (SR. SPEC. AGENTb(c)G Okay. And at 14 the suspension meeting, to your memory,' what reasons 15 werel (b)(7)(c) iven for his suspension?

16 My memory is -- is it was 17 basically his unprofessional behavior was the main 18 reason that he was suspended. He made some comments, 19 and he was very -- what's the word -- towards the 20 supervisor, he was unprofessional with his supervisor.

21 So he was insubordinate. I think the insubordinate --

22 insubordination was used.

23 (SR. SPEC. AGENT (c Okay.

24 there any particular examples given?

25 (b)(7)(C) At that meeting, no. It was NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

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23 1 just here's what it is, here's why. And -- and when 2 asked questions, he didn't question it. He understood 3 it. And the only thing ever said that I can 4 recall is he looked at me and said you and I need to 5 sit down and talk when I get back. And I welcomed it.

6 I said it's fine. We can sit down when you get back.

7 That's fine. Just -- you know where I sit. Call me 8 and we'll set up a meeting. That never happened. So 9 --

10 [SR. SPEC. AGENTIC) Okay. Were 11 there any other reasons given that you recall such as 12 his performance or his performance appraisals?

13 Well, his performance -- not 14 -- not in that meeting. It was -- it was a basis for 15 everything. But his -- I know b7)(C) and said his 16 work was not really in question. It was the effect he 17 was having on the rest of the group. It was -- it was 18 almost like having -- having a cancer and it was 19 spreading. It was affecting the work of the groups.

20 But his particular work, he was able to --

21 you know -- go forward, do his thing and he -- he kept 22 producing work. So as far as that goes, I believe if 23 you look at his PDPs, there -- that would be the 24 indication is that tactical performance is fine. But 25 that's one part of it -- you know. It's the core NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

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-7 24 1 values. It's -- he wasn't living up to the standards 2 of an Edison employee. And -- and it wasn't just one 3 thing. It wasn't one time. It was several 4 occurrences that they had been documented. They'd 5 been talked about in other PDPs. And it was just a 6 continuing pattern that it appeared we weren't really 7 doing a lot about.

• . [(b)(7)(C)

( SR. SPEC. AGENT And the reason 9 for that?

()7)(C) 10 That -- it was -- it was 11 being allowed to continue. It wasn't -- you know --

12 being taken care of when it should have in the past --

13 you know. So here's a newer supervisor in that 14 group, trying to get the respect of his team, trying 15 to get his team to work as a team. All right? You 16 know -- we have -- we had changing company values and 17 we were looking at becoming -- you know -- getting 18 more team work involved. That was what the yes, 19 this is -- after that was part of where INPO had --

20 had dinged us on is we just weren't working as a 21 group. Or if you look -- you know -- the left hand 22 doesn't know what the right hand's doing. So that's 23 our big OR (inaudible). And so we're -- we're trying 24 to develop these teams and get people that are going 25 to play. You know -- if you don't want to play, NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W, (202) 234-4433 WASHINGTON. D.C. 20005-3701 www.nealrgross.com

25 1 there's other places for you. Let's -- let's work 2 with -- let's see why don't you want to play with 3 them. Let's see if we can work with you. But 4 otherwise -- you know -- there's not going to be a 5 place for you here very long if -- if you can't work 6 to the same common goal. And that's where they headed 7 is that he was not helping that group.

8 Although he could be a great producer, he 9 was really affecting the rest of the group. And that 10 was -- that was really the gist of why it's -- it's at 11 the point where it needed to be -- you know. A wake-12 up call really is what it is -- is here it is. Here's 13 what's going on. We're going to take some action.

14 Then they put him on a performance improvement plan.

15 [SR. SPEC. AGENT b)(7)(C) Was he on a 16 performance improvement plan before his suspension?

I(b)(7)(C) 17 As far as I know he was. I 18 -- I have not seen it. I don't know that -- I -- I 19 couldn't tell you what's in it -- you know -- to have 20 -- I know that it had been documented whenever you get 21 an NI -- a needs improvement -- then there is a 22 requirement to put a performance plan in place, And 23 so, I'm I'm making the assumption that they were 24 there. I believe they were, but I -- I can't tell you 25 that for sure.

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-1c.,

26 1 fsR. SPEC. AGENTEI c) Z" Okay. And the 2 day he was suspended, you said thatI)(7)(C) 3 provided him the information that he was being 4 suspended?

5 (b)(7)(C) Yes. He read -- he read --

6 he didn't give him anything. He just read why.

7 (SR. SPEC. AGENT 1b)(7)(0) Okay.

8 (b)(7)() And we -- we took his badge 9 and escorted him offsite.

10 SR. SPEC. AGENTZI (b)(7)(C) So he was not 11 presented with any type of suspension letter at that 12 time?

(b)(7)(C) 13 No. That's not the way it 14 works. It's -- you just -- you -- they told him come 15 back on -- I don't know if it was a Mon -- if we did 16 it on Monday and come back on the following Monday.

17 I wasn't present for the reinstatement. That was 18 given to him upon reinstatement --

19 [SR. SPEC. AGENTIb)(7)(c) Okay.

20 (b)(7)(C) -- this -- this letter -- a 21 reinstatement.

22 [SR. SPEC. AGENT ( What 23 documentation were they reading from? Was it a 24 prepared statement or some type of --

25 1 Yes. [ jiust had some NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

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C-. 27 1 notes that he wrote that -- if what he used -- what he 2 was going to say to him.

3 rSR. SPEC. AGENT (C Okay. Have 4 you been present for suspensions in the past?

(b)(7)(C) 5 E 1No. I -- I'm trying to 6 think if -- I've been present for a termination we had 7 to do. But I think that's the only -- no, I have --

8 I have been for some -- yes, for some suspensions for 9 operators, yes. We had taken them and same thing.

10 You escort them of fsite, tell them why it was a safety 11 issue and three days off without pay or five days off 12 without pay. And then come back and we'll meet you 13 here and we'll -- we'll re-badge. We'll talk and 14 we'll reinstate you.

15 SR. SPEC. AGENT (b)(7)(c) And again for 16 those suspensions, were they providing any suspension 17 letter?

(b)(7)(C) 18 NNo.

19 SR. SPEC. AGENTZ Okay.

20 ~ (b)(7)(C)No No.

20 21 ISR. SPEC. AGENT NTII() otoyu 22 understanding, Southern California Edison or SONGS, 23 their procedure doesn't require a letter of 24 suspension?

25 No. It's a letter of NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

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~1* 28 S.

1 reinstatement. You -- you tell them why it's 2 happening. And then they go home. When they come 3 back, you give them a letter of reinstatement and you 4 provide the stuff in there -- the information in 5 there.

6 [SR. SPEC. AGENT NIbI(7)(C) Okay.

({b,(7)(C}

7 That's my understanding.

8 (R. SPEC. AGENT T I And again --

9 I just want to ask you this question again -- at the 10 time he was suspended, was performance or any 11 performance-based issue you had part of his 12 suspension?

(b)(7)(C) 13 [ Not that I -- not his 14 individual performance. Strictly his effect on the 15 group and his -- I want to call it values. It's the 16 behavioral things. But his own performance, no, I 17 don't recall anything being said that he was -- he was 18 underproducing, he wasn't performing up to standard.

19 I don't remember that.

20 [SR. SPEC. AGENT I(b)(7)(C) Okay. So 21 during the meeting from what you recall his mid-year 22 exam or his mid-year performance appraisal -- his 23 overall performance were not included in the reason 24 why he was suspended?

25 (b)(7)(C) I -- I believe --

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29 I(b)(7)(C)I 1 [ j think that assumes 2 information because I think he already said he didn't 3 see that mid-year performance.

4 SR. SPEC. AGENT (b)(z)(c) Well, that's 5 not what I'm asking. I'm asking him if he was told 6 when he was suspended -- not what you saw -- but what 7 he was told by b)(7)(c) ýhen he was suspended.

(b)(7)(C) 8 Well, I know he was told it 9 was strictly on the -- the behavioral things. So 10 there may have been a mention of his PDP, but -- but 11 it wasn't any of his technical skills -- you know --

12 his technical abilities. It was more of the -- bf the 13 behavioral issues that was -- that was the problem.

14 It was not his ability to do -- to be a (b)(7)()

15 No. It wasn't based on that that -- that I'm 16 aware of.

17 PR. SPEC. AGENT1fbl(7)(C) Okay. Do you 18 know or do you feel that his suspension was at least 1i in part because he raised a concern about thisE 20 b being in charge?

b)(7)(C) 21 c No. I don't -- I don't 22 believe that. I mean, it's -- there -- there's 23 accusations that were made and things that he said in 24 meetings with different people. But I don't believe 25 that the reason -- you know -- because he didn't -- he NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

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30 1 didn't approve of her being the supervisor 2 (inaudible). We're entitled to our opinions. That's 3 fine. I'll take that under advisement. That's got 4 nothing to do with why he got suspended. Why he got 5 suspended was his behaviors -- you know -- as a result 6 of that. It was lack of -- you know -- showing the 7 respect that he would show his -- his own supervisor 8 and then just the lack of respect he even showed his 9 own supervisor. That's really what this was about.

10.R. SPEC. AGENT Was there any 11 investigative procedure or process done prior to his 12 suspension that you're aware of?,

13 (b)(7)(C) Other than getting HR 14 involved, I -- they went through the -- the discipline 15 policy at the time. And that's -- that's as far as I 16 know. And they had HR involved. And -- you know --

17 my whole thing is here is -- I get -- I get called up 18 to talk to HR about this issue and -- and so it's well 19 under way. So I got pulled into the middle of it --

20 you know -- not really aware of all the issues.

21 £SR. SPEC. AGENT LZG( Were you 22 interviewed by HR or just --

I(b)(TX(C)I 23 [ Yes. We're -- not 24 interviewed. It wasn't really an interview. It was 25 more of a discussion with -- with looking --

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.4 4

-1 31 1 again, I -- there's not a whole lot I can offer to 2 this whole investigation. I didn't interact with 3 I barely interacted with (b)(7)(C) I--

4 you know -- the supervisor as a director. That's 5 really my -- my directorIl.( would have done 6 that with I Y(b)7)(C)

You know -- it's -- it's several 7 layers down. So I wouldn't expect that directors 8 would be that heavily involved in this until it got to

• 9 the point of hey, we're reaching and we have a problem 10 here and we -- we can't resolve it. So let's -- let's 11 go up for help.

12 rSR. SPEC. AGENT] [ Would you 13 consider your meeting with HR more of a directional 14 meeting with directions you needed to take or it's on7 15 something that when you provided information 16 or you were being provided information about --

(b)(7)(C) 17 I was being provided 18 information about (b)(7)(C) land the situation.

19 [R. SPEC. AGENT (b)(7)(C)ay. All I(b)(7)(C) 20 right. Did you meet with 7 upon his return?

21 I know you said he requested a meeting?

I(b)(7)(C) 22 ) No, I did not. He -- I was 23 not on -- I want to say that I think I was off at the 24 time when he came back. I think I made that clear 25 when -- when he left that I won't be here butE7c NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

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C- I~b)(7)(C) 1 JIill. Then he told me he wanted to sit down and 2 meet with me after he returned. And I said 3 absolutely, that's not a problem. We can sit down and 4 talk because I've known [ for -- you know -- a 5 number of years. So I don't have an issue -- issues 6 with sitting down and discussing -- I always like to 7 see both sides -- you know. You could have an 8 argument, right? You're going to think one thing or 9 you're going to think another thing. I'd like to get 10 them both together, at least hear both sides and then 11 put them together. Now we should talk and find out 12 what's the real issue. But this never happened.

13 SR. SPEC. AGENT [jjjJ Had you had a 14 discussion with[ Jnot involving what happened 15 but just day-to-day discussion with him?

(b)(7)(C) 16 [ No. Nothing. I -- I've 17 maybe run into him once or twice in passing. That was 18 it. I never -- never have sat down and talked to him.

19 No.

20 SR. SPEC. AGENT (bC(7)c) Okay. Again, 21 no emails, no (inaudible) traffic between you and him?

(b)(7)(C)

• 22 No. Not that I'm aware of 23 and not that I recall that any emails ever came to me 24 from Irequesting it. Not even a phone message or 25 anything. Because at the time, NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

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7c, 33 1 (phonetic) the (b)(7)(C)

I 2 She would have arranged a meeting. And if he just 3 said I need to meet with she would have looked 4 at the schedules and said -- said here's the time, 5 here's the place.

6 [SR. SPEC. AGENT I Okay.

And it never happened.

8 [SR. SPEC. AGENT (1b)(7)(C) do you 9 have any questions?

10 LbPECIAL AGENT X No.

b)(~7)(C) 11 PR. SPEC. AGENT L J Do you have 12 any final ones?

(b)(7)(C) 13 [j Did you have any 14 discussion with C (inaudible) about[(b7)(c) b)(7)(C) 15 No, I did not. I mean, 16 left kind of sudden terms. And I did meet with 17 outside of Edison after he left more or less 18 because they named me to fill in. I -- I mean, I 19 respected I worked for him. So I sat down and 20 talked to him. And this issue never came up at all.

21 So I mean, if it had I -- no, I mean, I even still 22 have a little list of things thatb[(j wrote --

23 things that I want to look for -- look at. And I kept 24 that and just went through it. And he had some recommendations. But no, the issue ofI)(c) C 25 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

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-7 c 34 1 never -- never came up that -- that I remember.

2 [~~(b)(7)(C) Ok y 2 1jOkay.

3 ýR. SPEC. AGENTE(7G)(C) (inaudible)?

4 = I He did. Columbia.

5 (inaudible).

6 [SR. SPEC. AGENTZ[(b)(c)( Okay. I only 7 have a few other questions and we' il be completed, 1 cj 8(b)(7)(C) . .. _

9 Have I or any other NRC employee 10 threatened you or promised you anything in return for 11 your testimony here today?

12 (7)(C) Absolutely not.

13 ýR. SPEC. AGEN TIT Have you given 14 your statement freely and voluntarily?

15 (b)((7)(C)

Yes.

16 ýR. SPEC. AGENTJI Okay. We're 17 about to go off the record. Is there anything else I 18 haven't asked you about this issue that you think is 19 important that you want to bring up?

(b)(7)(C) 20 171)The only thing I would say 21 about this whole situation was this had started some 22 time during the year of 2010 or maybe before. I mean, 23 there -- there was issues going on. I was outside of 24 this, I picked up the jjob and -- you know --

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35 1 with HR.

2 HR's really the -- El and had 3 mentioned it. And they really want -- it didn't seem 4 like a big deal to be honest with you in the 5 beginning. And HR pushed for the meeting. We 6 discussed it. And so it was -- that's what I say, I 7 don't have a whole lot of really good details one way 8 or the other because I didn't have meetings with IF777c F(b)(7X)(-

9 I barely met withI_ JandIjon the issue.

10 1 met with HR. And then we -- we made the decision to 11 -- to suspend. And then we -- we had the suspension 12 meeting, and that really was the end of it. And then 13 to have no other discussions on the matter after that 14 -- after he returned on his reinstatement.

SR )()(c Did 15 [R SPEC. AGENT Did 16 or go into any of the previous 17 history when you came on in 2010 -- when you came on 18 in July 2010 -- late July 2010? Did they give you the 19 history or any history of the performance -- not 20 performance but attitude byl hat they felt 21 were detrimental to the group before you became 22 involved in this issue?

1(b)(7)(C) 23 No, not prior to me -- you 24 know -- starting as the I(b)(7)(c) As like an i I(b)(7~) 1) 25 no, I didn't -- I wasn't even aware there was NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

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CI, 36 1 an issue.

2 [SR. SPEC. AGENTb7c) Okay. So they 3 didn't bring up any performance? I keep saying 4 performance. What I mean is his interaction.

I(b)(7)(c) 5 Behavior? No. I hadn't --

6 I hadn't heard anything of it because I really didn't 7 interact with that group very much.

8 *R. SPEC. AGENTZ(b)(7)(C Okay. So your 9 first exposure was when you --

(b)(7)(C) 10 [ When I walked in the 2.1 [Ob, right. Right.

12 VR" SPEC. AGENT [ j Okay.

13 Anything else?

14 Okay. Well, this interview is concluded 15 at approximately 10:16 a.m. on September 29, 2011.

16 (Whereupon, at 10:16 a.m., the interview 17 was concluded.)

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-- .1.

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)

I  !

Docket Number: 4-2011-024 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.

leal R. Gross & Co., Inc.

VXHIT NEAL R. GROSS E(S)

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