ML062790424

Exhibit 17 of Case No. 3-2002-004, Office of Investigations Interview Transcript Regarding Fitness-for-Duty Concern at Kewaunee During a Refuel Outage in 2001

ML062790424
Person / Time
Site:	Kewaunee
Issue date:	08/05/2002
From:	NRC/OI
To:
References
3-2002-004, FOIA/PA-2006-0113
Download: ML062790424 (30)

Text

.3 1

1 UNITED STATES OF AMERICA 2 NUCLEAR REGULATORY COMMISSION 3

4 OFFICE OF INVESTIGATIONS 5 INTERVIEW 6 ---------------- x 7 IN THE MATTER OF:  : 01 Case No.

8 INTERVIEW OF  : 3-2002-004 9

10 ---- x RADISSON INN 12 2040 Airport Drive 13 Green Bay, Wisconsin

__ 14 15 Monday,.August 5, 2002 16 17

.18 The above-entitled interview was conducted at 19 3:10 p.m.

.20 21 BEFORE:

22 MARY KAY FAHEY Special Agent.

23 nformation in this record was deleted 24 inaccordance with the Freedom of Information exemptions X.. EXHIBIT 25 FOIA- C PAGE ILOF"'2c PAGE(S) 10 02O- 0041 NEAL R. GROSS COURT REPORTEERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

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2 1 P-R-O-C-E-E-D-I-N-G-S 2 (3:10 p.m.)

3 SPECIAL AGENT FAHEY: Okay. For the 4 record, this is an interview of who's a 5 welder, who was formerly employed by Day & Zimmerman at 6 the Kewaunee Nuclear Power Plant. Today's date's August 7 5th, 2002. The time is approximately 3:10 p.m. This 8 interview is being conducted in the Executive Board Room 9 at the Radisson Hotel, 2040 Airport Drive, Green Bay, 10 Wisconsin. My name is Mary Kay Fahey. I'm a special 11 agent with the U.S. Nuclear Regulatory Commission's Office 12 of Investigation, Region III. This interview is being 13 transcribed by court reporter Carrie Bohrer.

14 The subject matter of this interview is 15 a fitness-for-duty concern at the Kewaunee Nuclear Power 16 Plant during a refuel outage in 2001.'

17 Mr. please raise your right hand*. 7CC) 18 Whereupon, 19 WJU 20 was called as a witness and, having been first duly sworn, 21 was examined and testified as follows:

22 SPECIAL AGENT FAHEY: Okay. Some 23 background questions. Date of birth?

24 MR.

25 SPECIAL AGENT FAHEY: Social Security NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

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3 1 number?

2 *~ ~~~~..

MR. "'W 3 SPECIAL AGENT FAHEY: Home address?

4 MR. WW 5....... .- (c) 6 SPECIAL AGENT FAHEY: Home telephone 7 number?

8MR 9 SPECIAL AGENT FAHEY: Current employer?

10 MR. Great Lakes Mechanical. 7 11 SPECIAL AGENT FAHEY: And when did you 12 begin with them?

13 MR. About two weeks ago. So that 14 would have been July, What-, today's the 5th? -July -- I'd 15 have to look.

16 SPECIAL AGENT FAHEY: Okay. Mid-July? -,U 17 MR.* Um-ham.

18 SPECIAL AGENT FAHEY: Okay. Prior to 19 that who did you work for?

20 MR.,' Eeeke Marold. Reeke Marold

-7(

21 Mechanical.

22 SPECIAL AGENT FAHEY: And before that?

23 MR.,W Tweet-Garot Mechanical. 7(C) 24 SPECIAL AGENT FAHEY: Okay. And were

.25 you employed by Day & Zimmerman at Kewaunee in 2001?

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4 1 MR. AgCorrect.

2 SPECIAL AGENT FAHEY: Do you know the 3 dates, roughly?

4 MR. J , I believe it was from like 5 June till whenever the outage was over. I'd have to say 6 right before deer season, first part of November.

7 SPECIAL AGENT FAHEY: Okay. And what 8 position? Welder?

9 MR. Um-hmm.

10 THE COURT REPORTER: You should say 11 "yes" or "no."

12 MR. Okay.

13 SPECIAL AGENT FAHEY: And you can't nod.

14 Have you had any subsequent problems obtaining employment 15 in the nuclear industry since you left Kewaunee?

16 Y F()

Yes.

17 SPECIAL'AGENT FAHEY: Where have you.

18 applied?

19 MR. .. At Point. Beach. 7-c) 20 SPECIAL AGENT FAHEY: And when was that?

21 MR.A& That was for their fall 22 outage, spring of --

23 SPECIAL AGENT FAHEY: This year?

24 MR.V No, it must have been their 25 spring, I'm sorry. Their spring outage.

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5 1 SPECIAL AGENT FAHEY: In 2002?

2 MR. Um-hmm.

3 SPECIAL AGENT FAHEY: And what happened 4 when you contacted--

5 MR.I  : They said no, we don't have 6 no -- your name has been pulled from the -- so we can't --

7 And I didn't pursue it any farther because I knew what 8 the -- the deal was here with the NMC.

9 SPECIAL AGENT FAHEY: Okay. Was that 10 through a contractor?

11 Yeah, there's through 12 jeez.

13 SPECIAL AGENT FAHEY: Phillips Getschow?

14 MR. Yeah, Phillips Getschow.

15 SPECIAL AGENT FAHEY: Okay. And we're 16 going to talk about that again, but let's go 17 chronologically and start talking about the outage back in

-18 2001 and then we'll --

19 MR. Um-hmm.

20. SPECIAL AGENT FAHEY: --. circle back to 21 the -- why you can't work there any longer. And. generally 7(c) 22 I want to talk about when you arrived for the outage at 23 Kewaunee in 2001, did you go through general employee 24 training?

25 :MR.. Um-hmm. Yes.

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6 1 SPECIAL AGENT FAHEY: And that's 2 something that's typically done each time?

3 MR.. . Correct.

4 SPECIAL AGENT FAHEY: And was fitness 5 for duty discussed?

6 MR. Correct.

7 SPECIAL AGENT FAHEY: Did you take a 8 test?

9 MR.1ý Yes.

10 SPECIAL AGENT FAHEY: Pass the test?

11 MR. -Yes.

12 SPECIAL AGENT FAHEY: And do you recall 13 that there were some questions there about fitness for 14 duty? Or maybe you don't recall what the questions were.

15 MR. No, not that I recall.

16 SPECIAL AGENT FAHEY: Okay, Tell me 17 what your understanding is of what you do if you would 18 suspect somebody of being unfit for duty, at Kewaunee.

19 MR. At Kewaunee?

20 SPECIAL AGENT FAHEY: (Nods head 21 affirmatively.)

22 MR.W We're supposed to report it 23 to our supervisor or to management, and to security, the 24 guardhouse.

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7 1 would your supervisor have been at that time?

2 MR. For Day Zimmerman that would 3 have been 4 SPECIAL AGENT FAHEY: Did you report to 5

6 MR. a6lo, yep.

was running the'night shift,' was running day 7(L 8 shift. I was on night shift.

9 SPECIAL AGENT FAHEY: Okay. And while 10 you were employed at Kewaunee did you report any employee 11 you suspected of being unfit for duty?

12 MR. No, I didn't.

13 SPECIAL AGENT FAHEY: Okay. Did you 14 report any employee who smelled of alcohol?

15 MR.' No, .1 didn't. Not until 16 after I was called in for a Breathalyzer test.

17 SPECIAL AGENT FAHEY: Explain to me 18 about that day. Do you remember what day it was?

19 MR. I: .It was before 9/11, so I 20 think it was in August, latter of August. I can't give 21 you a date for sure..

22 SPECIAL AGENT FAHEY: Was it pre-outage?

23 MR.' Pre-outage, yep.

24 SPECIAL AGENT FAHEY: Okay. And you 25 were coming in to work or going out of work?

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8 1 MR.* Coming in to work through the 2 guard shack.

3 SPECIAL AGENT FAHEY: At night?

4 MR.F  : No, this was -- The outage 5 hadn't started yet, so --

6 SPECIAL AGENT FAHEY: Okay.

7 MR. -- I was on night starting 8 hours9.259259e-5 days <br />0.00222 hours <br />1.322751e-5 weeks <br />3.044e-6 months <br />, and I was working for maintenance during the day.

9 SPECIAL AGENT FAHEY: So roughly what 10 time of day?

i1 MR. It was about seven in ýhe 12 morning.-

13 SPECIAL AGENT FAHEY: And?

MR. The individual you're.

14 15 discuss-- is talking'about, ' was in line 16 in front of me, but I couldn't depict whether it. was-him 17- or somebody else, but -- So after I gOt.through the gate, 18 I got into my job, work area, I-was called on the Atronics 19 .to go -- Atronics it's like a -- what you'd say --

20 SPECIAL AGENT FAHEY: PA system?

21 MR.' :Yeah, PA system, to go report 22 to the nurse for --

23 SPECIAL AGENT FAHEY: Random?

24 MR."41 Random.

25 SPECIAL AGENT FAHEY: Fitness-for-duty.

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9 1 test?

2 MR. MEW Um-hmm.

3 SPECIAL AGENT FAHEY: You have to answer 4 yes or no.

5 MR. Yes. Yes.

6 SPECIAL AGENT FAHEY: Okay. And did you 7 go on down?

8 MR. Right away.

9 SPECIAL AGENT FAHEY: And you were 10 tested?

11 MR. . Um-hmm. Yes.

12 SPECIAL AGENT FAHEY: And no problems?

13 MR.1 No problem.

14 SPECIAL AGENT FAHEY: All right. And do 15 you know why you were selected?

16 MR

• It could have been a random, 17 but I think somebody picked this up.

18 SPECIALAGENT FAHEY: Picked what up?

19 MR. I First thing they give me was 20 a Breathalyzer. It wasn't a urine test, it was a 21 Breathalyzer. And I said, "What's the" -- "What's going 22 on here?" And they wouldn't say. They said, "It's just a 23 random so don't worry about it." I says "okay." And 24 usually you take a -- a urine test is before that so --

25 but anyway.

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10 1 SPECIAL AGENT FAHEY: All right. And 2 you suspect that they gave you a Breathalyzer because?

3 Why?

4 MR. Somebody smelled like 5 alcohol.

6 SPECIAL AGENT FAHEY: Okay.

7. M But me being right next --

8 behind whether he was two or three in 7(o) 9 front of .me I couldn't even say. And I didn't even report 10 that it was -- you know, I couldn't say it was him.

11 SPECIAL AGENT FAHEY: .All right. So you 12 didn't have a concern that you did not report? You had no 13 concern?

14 MR. Not until after i got back.

15 Then I raised questions about why I was pulled. And to-16 me, it was a Breathalyzer test, not a random.drug test.

17 SPECIAL AGENT FAHEY: Okay. And who did 18 you raise questions to?

19 MR. My maintenance supervisor -

20 not supervisor but my maintenance foreman who was 22 /SPECIAL AGENT FAHEY:

23 MR.r 24 SPECIAL AGENT FAHEY:

25 MR. N Yeah, I think it's NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

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11 1 spelled.

2 SPECIAL AGENT FAHEY: And who else?

3 MR. - And then -- I can't tell you 4 who his supervisor is. It's for the maintenance for 5 Kewaunee, though, maintenance supervisor. And then I went 6 and questioned and I says to I says, 7 "What about this?" And he says, "I'll check into it, 8 don't worry about it, it's nothing."

9 SPECIAL AGENT FAHEY: Did he check?

10 MR.Fi3i Never. Never said nothing 11 about it. Nothing was ever raised, so I figured, well, 12 it's just 13 SPECIAL AGENT FAHEY: Okay. And then 14 was that "it as far as you were concerned?

15 MR. Yeah.

16 SPECIAL AGENT FAHEY: The matter was 17 -dropped?

18 MR. . Yes, because I don't work 19 wi-th j" he was'nowhere near me, he's --

20 SPECIAL.AGENT FAHEY: And you never came 21 in contact with him again?*

22 M.  : No. Now, can I go off the 23 record for a minute?

24 SPECIAL AGENT FAHEY: Sure.

25 (Discussion off the record.)

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12 1 SPECIAL AGENT FAHEY: Okay. So you 2 heard nothing more about it?

3 MR. Nothing.

4 SPECIAL AGENT FAHEY: How about rumor at 5 work, any -- did you discuss this with anybody else or --

6 MR.Al I might have talked to my 7 partner at work, you know, but nothing was, you know, if 8 it' SM we all figured _drinks a lot at night and 9 he -- if I would have seen staggering or stumbling Yic.

10 or talking funny, but that's just . I mean, if he 11 drinks he smells like alcohol, but he doesn't-- not to my 12 knowledge, and I've worked around a long time. I've 13 never seen him coming in drunk to work, especially at a 14 nuclear facility, so that's why I never questioned.

15 SPECIAL AGENT FAHEY: All right. And 16 who was your partner?

17. -M- Oh,. gosh, what's his 18 last name? Boy, I couldn't tell-you. I couldn't tell you 19 his last name.

20 SPECIAL AGENT FAHEY: But you never 21 discussed it with any of the other welders?

22 MR. Not really. I mean, it's one 23 of those nonchalant things. I mean, it's -- you know.

.24 SPECIAL AGENT FAHEY: And you said 25 .everybody knows he drinks. drinks. 7 c).

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13 1 MR.A  : Yeah.

2 SPECIAL AGENT FAHEY: How does everybody 3 know that?

4 MR.* . He's been doing it for as 5 long as I can remember. You know.

6 SPECIAL AGENT FAHEY: Do you know him?

'7 MR. Personally?

8 SPECIAL AGENT FAHEY: Yeah.

9 MR.j Yeah. But I never been 10 around him, I never went out and partied with him or 11 nothing like that, you know.

12 SPECIAL AGENT FAHEY: How long have 13 you known him?

14 MR. *Probably since '95.

15 SPECIAL AGENT FAHEY: All right. And 16 then the whole matter dropped pretty much until the 17 licensee conducted an investigation?

.18 MR. Um-hmm.

19 SPECIAL AGENT FAHEY: Yes?

20 MR. Yes. And their investigation 21 did not involve-- Their questions did not involve fitness 22 for-duty.

23 SPECIAL AGENT FAHEY: Okay. Questions 24 were about welding?

25 MR. Yes.

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14 1 SPECIAL AGENT FAHEY: Okay. Were you 2 interviewed by an investigator?

3 MR. m Um-hmm. Yes.

4 SPECIAL AGENT FAHEY: And they asked you 5 questions about welding?

6 MR. Yes.

7 SPECIAL AGENT FAHEY: Did they ask you 8 questions about fitness for duty?

9 MR. -And that come up later.

10 SPECIAL AGENT FAHEY: Okay. And did you 11 tell that investigator anything different from what you're 12 telling me today?

13 MR. (Shakes head negatively.)

14 SPECIAL AGENT FAHEY: Because this would 15 be a good time to clarify things.

16 MR. Well, he -- Let's go off the 17 record for a minute.

18 SPECIAL AGENT FAHEY: Okay.

19 (Discussion off the record.)

20 SPECIAL AGENT FAHEY: Let's go back on 21 the record.

22 All right. Were you aware of anybody 23 else raising fitness-for-duty concerns about 7(c) 24 MR. No, not really.

25 SPECIAL AGENT FAHEY: Okay.

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15 1 MR. I mean, there's -- There's 2 other guys that work with. and they say, "Well, 3 :smells pretty strong today," but, you know, that was 4 about all that was said.

5 SPECIAL AGENT FAHEY: Okay. Did you 6 ever have a conversation wit about 7 fitness for duty?

8 MR.:I: Not -- Not reall' 9 never talked to WthatI about it. It was 10 talked about that incident to.

11 SPECIAL AGENT-FAHEY: Okay. And did 12 ever indicate there was a problem?

13 MR. "Not really. He said that's 14 just 15 SPECIAL AGENT FAHEY: Did anyone. ever 16 suggest to you that this fitness-for-duty issue not be 17 raised or discussed?

18 MR. -No, not that I--

19 SPECIAL AGENT FAHEY: Anyone suggest 20 what you should say about, it if you were questioned by 21 anybody?

22 MR. No.

23 SPECIAL AGENT FAHEY: Okay. Has the 24 . licensee,- the contractor, or the union ever frowned upon

.25 anyone for reporting fitness-for-duty concerns?

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16 1 MR. With the union? Yes, they 2 would.

3 SPECIAL AGENT FAHEY: The union would 4 frown upon it?

5 MR. Oh, yes.

6 SPECIAL AGENT FAHEY: You're going to 7 have to explain.

8 MR. I've known a couple cases, I 9 can't tell you names, but people have come in drunk or on 10 some kind of medication, whether it's street drugs or 11 across-the-counter prescription, and yes, they were told 12 not to enter, get back in your car and go home.

13 SPECIAL AGENT FAHEY: Oh, no. Okay.

14 You misunderstood my question then.

15 MR. Oh.

16 SPECIAL AGENT FAHEY: I'm asking if the 17 '-union has ever frowned upon someone reporting someone' 18 else?

19 MR. No.

20 SPECIAL AGENT FAHEY: Okay.

21 MR. 1 They wouldn't --

22 SPECIAL AGENT FAHEY:. So there's no like 23 secret code --

24 MR. No.

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17 1 rule --

MR.' No.

2 3 SPECIAL AGENT FAHEY: -- that you don't 4 report somebody else or report a coworker?

5 MR. No. That's not -- That's not 6 the--

7 SPECIAL AGENT FAHEY: Okay.

8 MR. See, I got the same sense 9 that this was going on too.

10 SPECIAL AGENT FAHEY: All right. So 11 everyone's clear, pretty much, that it's important if 12 you're working in a nuclear power plant that you be fit 13 for duty?

14 MR. Yes.

15 SPECIAL AGENT FAHEY:. Okay; So no one 16 would frown upon it if you reported another guy?

-MR. LO . No.

17

.18 SPECIAL AGENT FAHEY: 'Okay. Based upon 19 the whole series of events now, would you be hesitant in 20 the future to report someone for fitness for duty?

21 MR. L No. No., I wouldn't.

22 SPECIAL AGENT FAHEY: Okay. Even though 23 you feel like you're being retaliated against now?

24 MR.- W Exactly.

25 SPECIAL AGENT FAHEY: You would still NEAL R.*GROSS COURT REPORTERS AND TRANSCRIBERS (2021 234-4433 1323 RHODE*mISLAND WARHIrnT AVE.. N.W.

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18 1 would do the same, if you were in a situation you'd still 2 report someone?

3 MR. Yes.

4 SPECIAL AGENT FAHEY: Do you think 5 others would report somebody based on what's all happened 6 now at Kewaunee?

7 MR. Yes, .I would.

8 SPECIAL AGENT FAHEY: They would still 9 go ahead and do the right thing?

10 MR.,, Yes.

11 SPECIAL AGENT FAHEY: Okay. Now, tell 12 me -- Let's talk about you not being able to get 13 employment at -- is it NMC only? Have you tried any other 14 nuclear power plant?.

15 MR. They state right in their 16 letter that you're not allowed access to any nuclear 17 facility in the United States. Would you like to see the 18 letter?

19 SPECIAL AGENT FAHEY: I'd love to.

20 Actually, I'd love to have a copy of this if you can 21 before you leave today.

22 MR. .ý This is their letter they 23 sent me and there's a reply letter from me in there and --

24 SPECIAL AGENT FAHEY: Okay. This letter 25 is from NMC dated February 13th, 2002. "You have been NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

19 1 found ineligible for NMC nuclear access authorization."

2 And there's an attachment in which you can request a 3 review of your denial. Okay. Where does it say that --

4 MR.N  : Keep reading.. Second page.

5 SPECIAL AGENT FAHEY: Okay. The case 6 facts. This is Page 2 of 5. I'm going to read this onto 7 the record -- into the record, excuse me. "On December 8 9th, 2001, you acknowledged to an NMC investigator that 9 while working at Kewaunee you smelled alcohol on a worker 10 and did not report the observation to either Kewaunee 11 supervision or security. When asked why you did not 12 report the smell of alcohol, you stated that it was not 13 your job to sniff the worker." Is that an accurate 14 reflection?

15 .. MR. There's some skip --

16 screeperation (sic) in there.

17 SPECIAL AGENT FAHEY: So that's not 18 exactly what you're telling me here today? You're saying 1:9 that you didn't report anybody because you weren't sure 20 which worker. You smelled alcohol, but your weren't sure.

21 where it was coming from?

22 MR.. And that's what I wrote in my

.23 letter back to them, if you read the letter that I wrote 24 back to them.

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20 1 any difference? Did you --

MR. " No.

2 3 SPECIAL AGENT FAHEY: -- get your access 4 renewed?

5 MR. No. They never even called 6 me. They had 30 days to get back to me. I finally ended 7 up calling them, and the next day they send me a letter:

8 No, you're still denied access. So -- We reviewed your 9 case, he says. But I even called that Randall. Cunningham, 10 and he wouldn't even talk to me.

11 SPECIAL AGENT FAHEY: But they did send 12 you a letter on May 14th that they reviewed your access 13 authorization denial and you're still ineligible. Okay.

14 I still didn't see anywhere in there where it says you're 15 denied any access to any nuclear power plant facility.

16 MR. Boy, I thought that was in 17 there. Why this -- Why I say this is because we had a 18 couple of our men go out to -- was it -- East Coast, and 19 they were jerked from the site. Same guys I worked with.

20 So --

21 SPECIAL AGENT FAHEY: And were they 22 involved in this incident?

23 MR. There's twenty or thirty of

.24 us that were involved in this incident.

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21 1 incident or the fitness-for-duty incident?

2 MR.* The fitness-for-duty 3 incident.

4 SPECIAL AGENT FAHEY: All right. So you 5 never attempted to find employment outside this area?

6 MR. = No, I wouldn't -- I wouldn't 7 go outside this area.

8 SPECIAL AGENT FAHEY: *Okay. So you, in 9 fact, don't know whether you would get access to another plant in another area?

11 MR. m Um-hmm.

12 SPECIAL AGENT FAHEY: That's yes, you 13 don't know, or --

14 MR. Well, what happened, a couple 15 of guys called me, said, There's a job out here and -- on 16 the East Coast at a nuclear facility and they got an 17 outage going. We just got denied access there: before he 18 says, Well, come on out. And I says, Well, I don't want 19 to travel that far. They said, We just got denied access 20 there, we were pulled out of there, so -- And if you're 21 going to interview, you'll find out who they are.,

22 SPECIAL AGENT FAHEY: Now, despite 23 what's written in the paperwork that you have there, you 24 tell me why you feel you can't get access.

25 MR. I feel I can't get access NEAL R. GROSS 7(c)

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22 1 because I stepped on somebody's toes, and then if they 2 investigate this further, they're going to find out that 3 their guards should have picked this up long before the 4 man ever entered the facility.

5 SPECIAL AGENT FAHEY: Okay. And -- But 6 stepped on someone's toes --

MR. ,.  : I'm -

7 8 SPECIAL AGENT FAHEY: -- by raising it 9 after you were tested? Because basically you didn't 10 report anybody, so how is it that you feel that you 11 stepped on somebody's toes?

12 MR. p No, it's not the me reporting 13 it, it's them not catching it. It's not -- It's the 14 guards not catching it.

15 SPECIAL AGENT FAHEY: But why are they 16 retaliating against you personally?

17 MR. H They're not retaliating 18 against me personally, they're retaliating a whole bunch 19 of us.

20 SPECIAL AGENT FAHEY: Okay. But I 21 mean --

22 MR. I don't know. I -- I think 23 because I told them it's not my job to go around sniffing 24 people. And he kind of made me perturbed, that's why -~ I 25 should have never said it, you know, but you say things NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 7(c) 1323 RHODE ISLAND AVE.. N.W.

23 1 sometimes that -- and that's the only reason, because I --

2 it was a smart-aleck remark to him and he figures that --

3 SPECIAL AGENT FAHEY: So the 4 investigator is the one --

5 MR.M Um-hmm.

6 SPECIAL AGENT FAHEY: -- who may have 7 caused you to lose your access?

8 MR. Yeah, and he won't 9 acknowledge nothing. I called him, and you couldn't get 10 no satisfaction out of him whatsoever. He says, "Oh, call 11 me and we'll review this and" -- Nobody's got any 12 satisfaction.

13 SPECIAL AGENT. FAHEY: Are you aware of 14 anybody reporting concerns about I mean now, 15 after the fact?

16 MR. (Shakes head negatively.)

17 SPECIAL AGENT FAHEY: Nobody-has stood 18 up and said that they actually went to a supervisor and i9 reported 26 MR. (Shakes head negatively.)

21 SPECIAL AGENT FAHEY: -- and has smelled 22 alcohol?

23 MR. ýShakes head negatively.)

(,,

24 SPECIAL AGENT FAHEY: All right. You're 25 shaking your head. You have .to answer --

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24 1 MR.: No, not to my knowledge.

2 Everybody I've talked to said, "No, nobody's been to a 3 supervisor because that's justA 4 SPECIAL AGENT FAHEY: And the licensee 5 you think, and correct me if I'm wrong, you think they're 6 retaliating against all of you because you should have 7 reported 8 MR. By all rights we should have, 9 yes.

10 SPECIAL AGENT FAHEY: Do you know if*

11 *as ever fitness-for-duty tested?'

12 MR.- I Yes. Anybody who comes in 13 that nuclear facility is tested, whether it's at the 14 beginning of the outage or random during the outage. So' 15 yes.

16 SPECIAL AGENT FAHEY: Okay. And the 17 fact that he's a supervisor' doesn't preclude him fromI 18 being - -

19 MR. No.

20 SPECIAL AGENT FAHEY: -- randomly 21 tested?

22 MR. No.

23 SPECIAL AGENT FAHEY: Everybody's in the

.24 same pool?

25 MR. Yes.

NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

25 1 SPECIAL AGENT FAHEY: Okay. So we can 2 assume at least once while he was employed at Kewaunee he 3 was tested?

4 MR. Correct.

5 SPECIAL AGENT FAHEY: Could have been 6 more?

7 MR.l  : Yes.

8 . SPECIAL AGENT FAHEY: Okay. And did you 9 ever discuss this issue with' 10 MR.. I haven't seen since 11 the outage.

12 SPECIAL AGENT FAHEY: And were you the 13 type of crew that went out drinking after work together?

14 MR. No.

15 SPECIAL.AGENT FAHEY: But you say you've

.16 known *for a number of years?

17 MR. . Um-hmm. Yes.

18 SPECIAL AGENT FAHEY: -So you -- And you 19 know he drinks?

20 MR.1W He drinks by himself a lot.

21 Off the record.

-22 SPECIAL AGENT FAHEY: Okay. Let's go 23 off the record?

24 (Discussion off the record.)

25 SPECIAL AGENT FAHEY: All right. Let's NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.N 323 WRH OI ASTr% ' N D " A.W .

-VN

/ i,.r I

26 1 go back on.

2 Okay. And tell me if you know, what's 3 the rule as far as how many hours prior to work that 4 you're supposed to stop drinking? Is it like a five-hour 5 or six-hour rule?

6 MR. I would say five to six 7 hours8.101852e-5 days <br />0.00194 hours <br />1.157407e-5 weeks <br />2.6635e-6 months <br />, yes.

8 SPECIAL AGENT FAHEY: Is there a 9 specific policy?

10 MR. . There is, yes, I think it 11 states that in there.

12 SPECIAL AGENT FAHEY: And if you are 13 unfit for duty you're supposed to self-identify that?

14 MR. (Nods head affirmatively.)

15 Yeah. Stay away or, you know, don't come to work because 16 we don't need the hassle or the problem. All you're doing 17 is making a bad name for the trade and, you know. The 18 union will tell you that: If you can't make it in to work 19 and you feel that it'.s -- you're unsafe or unfit, don't go 20 in.

21 SPECIAL AGENT FAHEY: Have you done.

22 anything further to try to get access?

23 MR.J No. They 24 SPECIAL AGENT FAHEY: Or to get this 25 straightened out?

NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

27 1 MR.W . They said that September 1st 2 they'll review this again.

3 SPECIAL AGENT FAHEY: You haven't 4 retained any legal counsel or anything like that?

5 MR.S I talked to a lawyer, he said 6 you can spend forty to fifty thousand dollars, he said, 7 and all we're fighting, we're fighting the government 8 here, and he says we can end up in paperwork for ten 9 years.

10 SPECIAL AGENT FAHEY: You're not 11 fighting the government.

12 MR. Well 13 SPECIAL AGENT FAHEY: That's --

14 MR.' That's 15 SPECIAL AGENT FAHEY: Okay. We can talk 16 about that off the record. Okay. So you did seek some 17 advice?

18 MR.3h1 Um-hmm.

19 SPECIAL AGENT FAHEY: And you're just.--

20 Are you going-to resubmit that paperwork around September.

21 1st?

22 MR. I will, yes. I will resubmit 23 this paperwork back to Randall Cunningham and see if I --

24 let's go off the record here and I'll tell you 25 SPECIAL AGENT FAHEY: Randall Cleveland?

NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

7(c)

28 1 MR. Randall Cleveland, yeah. Not 2 Randall Cunningham. Who am I thinking of?

3 SPECIAL AGENT FAHEY: Football player?

4 MR.1  : No, the guy on Days or 5 something. Remember that movie he used to be in? "Happy 6 Days."

7 SPECIAL AGENT FAHEY: All right. We're 8 off the record.

9 (Discussion off the record.)

10 SPECIAL AGENT FAHEY: Okay. We're back 11 on the record..

12 And what we just talked about I'd like 13 to put on the record, just that you've ascertained that 14 all people involved in this incident have been -- been 15 denied access --

16 MR.*I: Correct.

17 SPECIAL AGENT FAHEY: -- as far as you 18 know?

19 MR. M (Nods-head affirmatively.)

20 SPECIAL AGENT FAHEY: I don't think I 21 have any other questions. Anything else you want to 22 raise?

23 MR.i, Off the record.

24 SPECIAL AGENT FAHEY: Okay. Let's go 25 off the record for a moment.

NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W. 7(c)

29 1 (Discussion off the record.)

2 SPECIAL AGENT FAHEY: Okay. A 3 have I threatened you in any manner or offered you any 4 reward in return for you statement?

5 MR.1 N6, you haven't.

6 SPECIAL AGENT FAHEY: Have you given 7 your statement freely and voluntarily?

8 MR. (Nods head affirmatively.)

9 SPECIAL AGENT FAHEY: Anything further 10 you want to add for the record?

11 MR.A* I think that about sums it:

12 up.

13 SPECIAL AGENT FAHEY: We're off the 14 record, approximately 3:40 p.m.

15 (Concludedat 3:40 p.m.)

16 17 18 19 20 21 22 23 24 25 CRNEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

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 Docket Numiber: .3-2002-004 Location: Green Bay, Wisconsin 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.'

-Carri~e-Boh-rer Official Reporter Neal R. Gros.s & Co., Inc.

NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

(202) 2344433 WASHINGTON, D.C. 20005-3701 UAAA, na,. . .