ML062790420

Exhibit 16 of Case No. 3-2002-004, Office of Investigations Interview Transcript Regarding Fitness-for-Duty Concern at Kewaunee During a Refuel Outage in 2001

ML062790420
Person / Time
Site:	Kewaunee
Issue date:	08/05/2002
From:	NRC/OI
To:
References
3-2002-004, FOIA/PA-2006-0113
Download: ML062790420 (37)

Text

1 1 UNITED STATES OF AMERICA 2 NUCLEAR REGULATORY COMMISSION 3

4 OFFICE OF INVESTIGATIONS 5 INTERVIEW

-- ---- X 6 - - - --- - ----- - --- - ---

7 IN THE MATTER OF:  : 01 Case No.

8 INTERVIEW OF  : 3-2002-004 9

10 ---------------------------------x 11 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 12:00 p.m.

20 21 BEFORE:

22 MARY KAY FAHEY Special Agent 23

/

24 Information in this record was deleted lnforrat4o0n Nith the Freedom in accordance niC-*

Act, exemptio " of 25

t. GROSS EXHIBIT _ _.

0012E- 004A COURT REPORTER SAND TRANSCRIBERS PAGE 1.49' RHflI1 I I OF 3*' PAGE(S)

LAND AVF.. N.W.

132 RHODE....

2 1 P-R7O-C-E-E-D-I-N-G-S 2 (12:00 p.m.)

3 SPECIAL AGENT FAHEY: For the record, 4 this is an interview oMJRN who is a welder, 5 who was formerly employed by Day & Zimmerman Nuclear Power 6 Systems at the Kewaunee Nuclear Power Station. Today's 7 date's August 5th, 2002. The time is approximatelynoon.

8 This interview is being conducted in the Executive Board 9 Room 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 Investigations in 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 Station during a refuel outage in 2001.

17 Mr please raise your right hand.

18 Whereupon, 19 i 20 was called as a witness and,.having been first duly sworn, 21 was examined and testified as follows:

22 SPECIAL AGENT FAHEY:. How about some 23 background information. Date of birth?

.24MR I&l 25 'SPECIAL AGENT FAHEY: And Social.

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

3

. Security number?

2 MR. ~N~J7 3 SPECIAL AGENT FAHEY: How about address?

4 MR.

5 6 SPECIAL AGENT FAHEY: And home telephone 7 number?

8 9 SPECIAL AGENT FAHEY: Current employer?

10 MR.A Z. F. AherA 11 SPECIAL AGENT FAHEY: When did you begin 12 . with them?

13 MR.j .. In March.

14 SPECIAL AGENT FAHEY: 2002?

15 MR. Yes.

16 SPECIAL AGENT FAHEY: Okay. And then 17 prior to that?

18 MR.; m Prior to that it was Scheck 19 :Mechanical.

20 SPECIAL AGENT FAHEY: How do you spell 21 that? Scheck?

22 MR. S -- S-c-h-e-r-k (sic)?

23 Roughly.

24 SPECIAL AGENT FAHEY: Okay.. And prior 25 to that? Day & Zimmerman?

NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS V49.1 RHO)DF ISLAND AVE.. N.W.

4 1 MR Day & -- Yeah.

2 SPECIAL AGENT FAHEY: Okay. And where 3 were you employed? At Kewaunee?

4 MR. At Kewaunee.

5 SPECIAL AGENT FAHEY: Do you know the 6 dates?

7 MR. t Trying to think of when I 8 started there. It was in -- in'June -- from-June to 9 November. The middle of 'November there. Week before 10 Thanksgiving.

11 SPECIAL AGENT FAHEY: What was your 12 position?

13 MR. .: Welder.

14 SPECIAL AGENT FAHEY: And the reason 15 you're no longer employed there?

16 MR. They had a layoff.

17 SPECIAL AGENT FAHEY: So the work was 18 completed?

19 MR.. . Work was completed.

20 SPECIAL AGENT FAHEY: Okay. And this 21 work was during an outage?

22 MR. Yes.

23 SPECIAL AGENT FAHEY: Okay. And we --

24 When we were off the record before we started, you 25 mentioned that you have had some subsequent problems NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

1 obtaining employment with NMC plants?

2 MR.1 - Yes.

3 SPECIAL AGENT FAHEY: Or with other 4 power plants also?

5 MR. It would be NMC's -- others 6 wouldn't -- I was going to go to that Seabrook. That's 7 when I heard word from others that I was denied access.

8 SPECIAL AGENT FAHEY: So you intended to 9 apply at Seabrook --

10 MR. Yes.

11 SPECIAL AGENT FAHEY: -- but did not?

12 MR. . But did not.

13 SPECIAL AGENT- FAHEY: And you heard from 14 others --

15 MR. Phillips & Getschoi employees 16 that I -was under investigation of being denied.

17 SPECIAL AGENT FAHEY: Okay.

18 MR.-0 I thought it was just rumor, 19 but it come to be truth.

2b SPECIAL AGENT FAHEY: And Phillips &

21 Getschow is a contractor --.

22 MR. Yes. That was working out 23 there --

24 SPECIAL AGENT FAHEY: -- that 25 was working out there --

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6 1 MR. -- at Point Beach.

2 SPECIAL AGENT FAHEY: -- at Point Beach?

3 And had you applied there?

4 MR. I had called them to see 5 about getting a job, and that's when they had told me that 6 I was denied. Somehow they knew it before I did.

7 SPECIAL AGENT FAHEY: Okay. Now we're 8 going to get 'to that, but I'd like to talk chronologically 9 if we can about the problems during the outage, and then 10 we'll wrap it up with your problems in getting hired today 11 atNMC plants. Okay. When you were hired for the outage 12 at Kewaunee in 2001, did you go through general employee 13 training upon arrival?

14 MEMO* Yes.

15 SPECIAL AGENT FAHEY: Okay. And do you 16 recall during that training whether fitness for duty was 17 discussed?

18 MR. Yes; it was.

19 SPECIAL-AGENT FAHEY: Okay. Do you 20 remember being tested on that?

21 MR. Yes, I did.

22 SPECIAL AGENT FAHEY:. Did you pass the 23 test?

24 MR. Yep.

25 SPECIAL AGENT FAHEY: Okay. And tell me NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS VITA PHC~flF vi: Amfl mts= NI AIN

7 1 just for the record, for background, what's your 2 understanding, if you identify an employee that you 3 question their fitness for duty, what were you supposed to 4 do?

5 MR. Go to your immediate 6 supervisor.

7 SPECIAL AGENT FAHEY: Okay. And at 8 Kewaunee who was your immediate supervisor?

9MR 10 SPECIAL AGENT FAHEY: And he was'also a

11. Day & Zimmerman employee?

12 MR. Yes.

13 SPECIAL AGENT FAHEY: Do you know what 14 his title was, exactly?

i5 MR.1W. He was -- At the time when we 16 first went, he was general* foreman.

17 :SPECIAL AGENT.FAHEY: All right. And 18 during this outage did you report any other employee about 19 their fitness for duty?

20 MR.E Yes. I --

21 SPECIAL AGENT FAHEY: Okay. Who did you 22 report?

23 MR.I I reported 24 SPECIAL AGENT FAHEY: Okay. And who did 25 you report to?

NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 4 LJrf 101 Akir AI I II IAI

8 1 MR.NO 2 SPECIAL AGENT FAHEY: Do you remember 3 when? I mean between June and November, can you give me a 4 rough idea? Was it the beginning of outage, pre-outage?

5 MR. It was in the middle of it, I 6 would say.

7 SPECIAL AGENT FAHEY: And Mr:

8 did he supervise you?

9 MR. . No. I just knew 10 from'-- in passing. He worked for Day & Zimmerman, but I 11 was in the maintenance department, and he was with the 12 construction guys.

13 SPECIAL AGENT FAHEY: All right. Tell 14 me about how it is that you came into contact with him and 15 subsequently reported him, and why did you report him?

16 MR. Well, I was visiting the boys 17 in the back, and he was the -- he was the foreman there, 18 and you could smell, you know, alcohol on him. I don't 19 know if he was drunk or not, but you could smell alcohol.

20 And-.

21 SPECIAL AGENT FAHEY: Was he in the room 22 with you?

23 MR.I, Yes, 24 SPECIAL AGENT FAHEY: Did anyone else 25 seem to notice?

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9 1 MR. Yes, they did.

2 SPECIAL AGENT FAHEY: Anybody else say 3 anything?

4 MR. VW! Yes.

5 SPECIAL AGENT FAHEY: Who else said 6 something?

7 MR. ai 11 W.,

8 9 SPECIAL AGENT FAHEY: Just recently 10 11 MR. Yes.

12 SPECIAL'AGENT FAHEY: Okay. And did you 13 have discussion amongst yourselves before you reported him 14 t0 -or did you just do this on your own 15 initiativre?

16 MR.* I did it on my own. And come 17 to find out, they had done it themselves. We had both 18 done it on the same day. They done it prior to myself, 19 because I had --- was coming through the maintenance 20 shop, *and that's when I had stopped'i , and told him 21 aboutao smelling of alcohol.

22 SPECIAL AGENT FAHEY: And what was 23 your -- the response that you got?

24 MR. W ,;He said he would look into 25 it, and that's far as it went, was -right there, because we NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE.. N.W."

10 1 figured you tell him, he's going to take care of the 2 problem, and I didn't see anymore that day, so I 3 just took it as he took care of the problem.

4 SPECIAL AGENT FAHEY: And do you know 5 for a fact whether as tested that day?

6 MR. Do not know if he was or not.

7 SPECIAL AGENT FAHEY: How long did your 8 conversation with last?

9 MR.- # Not very long. Couple 10 minutes. That was it.

11 SPECIAL AGENT FAHEY: Okay. Other than 12 the smell, did you have any other interaction with 13 Mr.

14 MR. ' No.

15 SPECIAL AGENT FAHEY: So you didn't 16 observe any slurred speech, stumbling, anything that --

• 1.7 MR.  :"

18 SPECIAL AGENT.FAHEY: Okay.

19 MR. . But if -- you know, if the 20 other fellows here, you know, like! myself an 21 we smelled it, you would think the supervisor -- the other 22 supervisors would have smelled it also, because they're 23 all in the same room together. And the fellow,

.24 rode to'work with him.

25 SPECIAL AGENT FAHEY: And he was one of NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

1i 1 the supervisors?

2 MR. And he was one of the 3 supervisors also.

4 SPECIAL AGENT FAHEY: Okay. And when 5 did you subsequently find out thatand 6 had also reported?

7 MR. Because I seena not long 8 after that, and I mentioned to that I told him, and 9 he had said that he had just told him himself previous 10 that morning.

11 SPECIAL AGENT FAHEY: DidA 12 give you any indication anybody else had already reported 13 the issue?

14 MR. No.

15 SPECIAL AGENT FAHEY: Okay. And is that 16 the end of it?

17 MR. And that was --

18 SPECIAL AGENT FAHEY: That's the last 19 you heard of it?

20 MR.O That was the last I heard of 21 it.

• 22 SPECIAL AGENT FAHEY: But then the issue 23 resurfaced?

24 MR. Yes, it did.

25 SPECIAL AGENT FAHEY: And when was that?

NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS

12 1 MR.- It resurfaced in December.

2 SPECIAL AGENT FAHEY: Okay. And this is 3 after the outage is completed?

4 MR. . That was after the outage is 5 complete.

6 SPECIAL AGENT FAHEY: You had been laid 7 off.

8 MR. I was laid off.

9 SPECIAL AGENT FAHEY: Were you working 10 at the time?

11 MR. No.

12 SPECIAL AGENT FAHEY: Had you attempted 13 to get employment anywhere in December?

14 MR. Not at that moment, no.

15 SPECIAL AGENT FAHEY: Okay.

16 MR. I was enjoying the time off.

17 SPECIAL AGENT FAHEY: All right. And 18 who -- how did it resurface?

19 MR.IW ý I had an NMC investigator 20 call me and wanted to investigate me about some problems 21 of some welding that was going on. I told him no problem, 22 he -- I'd talk to you about it. And he said it was just 23 confidential between him and I and the fence post. That 24 was it. It was just informational only. So then he was 25 asking about all the welding, and next thing you know he NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS

13 1 asked me if I knew about a fellow that smelled of alcohol.

2 That was my mistake; I said "yes." Because the rest of 3 them -- got plenty of others that didn't -- they said they 4 didn't know nothing of it. They didn't lose their access.

5 Seems like the ones that admitted to knowing of it lost 6 access.

7 SPECIAL AGENT FAHEY: Okay. What did 8 you tell the investigator?

9 MR. Well, when -- you know, it 10 was just -- he said, "It's just you and I talking, just 11 say" -- and that's when he asked me if I knew about it, I 12 said "yes." He says, "Well, did anybody else know about 13 it?" I said, "All the supervisors had to know." And that 14 was it. That was the end of it. He didn't ask no more 15 questions, went right back onto the weld maps. He.didn't 16 ask me if I talked to anybody about it, if -- he only 17 asked if I knew about it.

18 SPECIAL AGENT FAHEY: Now, when you left 19 the-plant, did this investigator contact you at home?

20 MR.p -. Yes.

21 SPECIAL AGENT FAHEY: Did you meet with 22 him in person or over the phone?

23 MR.  :. In person.

24 SPECIAL AGENT FAHEY: Do you know 25 whether others were contacted around the same time?

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

14 1 MR.

• Yes, they were.

2 SPECIAL AGENT FAHEY: And did you have 3 conversations with other people about it?

4 MR.I*. No.

5 SPECIAL AGENT FAHEY: How did you know 6 that they were --

7 MR. . He said he was investigating 8 everybody who was working for the maintenance over there, 9 the maintenance and the construction, and he was --

10 SPECIAL AGENT FAHEY: So the 11 investigator told you --

12 MR.  : Yeah, he said'he was 13 investigating everyone.

1.4 SPECIAL AGENT FAHEY:. Did- _

15 ever. contact you?

16 MR.-  : No.

17 SPECIAL AGENT FAHEY: Did 18 ever contact you?

19 MR.  : No.

20 SPECIAL AGENT FAHEY: You haven't spoken 21 with ei'ther of them since you left?

22 MR.U: Neither one of them.

23 SPECIAL AGENT FAHEY: Okay.. And did you 24 ever hear anything back from the investigator, what the 25 outcome of the investigation was?

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15 1 MR. Yes. I was denied.

SPECIAL AGENT FAHEY: Denied?

3 MR. M I was denied access because I 4 did not tell Kewaunee supervisor or Kewaunee security 5 about an individual smelling of alcohol.

6 SPECIAL AGENT FAHEY: Okay. So even 7 though you told the contract supervisor, --

8 MR. Correct.

9 SPECIAL AGENT FAHEY: -- you didn't 10 follow procedure, according to Kewaunee?

MR..10 Well -

11 12 SPECIAL AGENT FAHEY: Or according to 13 the investigator?

14 MR. According to the 15 investigator. Kewaunee says go to your immediate 16 supervisor. That's what their fitness-for-duty program 17 says. You smell anybody, a -- anything happens, you go to 18 Kqwaunee's -- I mean you go to your immediate supervisor.

19 Which I'm a contractor, I went to mine; 20 SPECIAL AGENT FAHEY: Okay. And how did 21 you get this information? Was it through a letter?

22 MR. Yes.

23 SPECIAL AGENT FAHEY: And the licensee 24 sent you that letter?

MR. Yes.

25

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

16 1 SPECIAL AGENT FAHEY: Do you remember 2 what the date is, roughly? Was it recent?

3 MR.N . It was in February.

4 SPECIAL AGENT FAHEY: Okay. And are you 5 denied permanently from any NMC site?

6 MR. They said I can reapply in 7 September. But that's not saying I would -- I would be 8 granted access again. They just said they would review 9 it.

10 SPECIAL AGENT FAHEY: Do you have a long 11 history of working for NMC?

12 MR. Well 13 SPECIAL AGENT FAHEY: Or was the 14 Kewaunee Outage your first --

15 MR. K No, I worked for them at 16 6oint Beac. for six to eight months prior.

17 SPECIAL AGENT FAHEY: Okay.

18 MR. . Ever how long I was over at 19 Kewaunee is howlong I*-- I mean at ointf Beacis how 20 long I worked for them.

21 SPECIAL AGENT FAHEY: Couple of years?

22 MR. Well, throughout the whole 23 thing. First it was Phillip & Getschow that had the --

24 then it was Williams Power, then Day Zimmerman took over.

25 I went through contractor after contractor after --

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(2021 234-44.1. WA HINMTM n r. 9 rld ..........- ........

17 1 SPECIAL AGENT FAHEY: So give me a rough 2 idea. Couple years you worked on and off atI'oint Beach?"

3 MR.AW1 On and off atoint Beaci,(it 4 was since '97.

5 SPECIAL AGENT FAHEY: And then Kewaunee 6 just the one time?

7 MR. . Just -- No, I worked there 8 twice. Yeah, I worked -- I worked for PCI there, and 9 trying to think of the other -- might have been just MPS.

10 SPECIAL AGENT FAHEY: PCI is a 11 contractor?

12 MR. Yes.

13 SPECIAL AGENT FAHEY: And NPS you're 14 referring-to Day & Zimmerman?

15 MR. 4 Day & Zimmerman, right.

16 SPECIAL AGENT FAHEY: Okay. And you 17 have not attempted to apply to any other --

18 MR.. No.

19 SPECIAL AGENT FAHEY: -- nuclear power 20 plant based on the information that you got that you were.

21 going to be denied access -

22 23 SPECIAL AGENT FAHEY: at?'int Beacn?

24 MR.J (Nods head affirmatively.)

25 SPECIAL AGENT FAHEY: Okay. And based NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1147.1,4 I*,It'% rI_ 1Q1 A Ml' A%/I= KI W/

18 1 on what you know now, how likely would you be to report 2 somebody for a fitness-for-duty concern in the future?

3 MR. Off the record? Rough.

4 Because everyone else that knows what happened to us, they 5 will not be reporting. Myself, I think I would take the 6 chance again. I done it once before and I didn't have no 7 problem.

8 SPECIAL AGENT FAHEY: Did what?

9 Reported someone?

10 MR. Reported someone, yeah.

11 SPECIAL AGENT FAHEY: What plant was 12 that at?

13 MR. Atoint Beach.

14 SPECIAL AGENT FAHEY: How many years 15 ago?.

16 MR. That would have been in-- I 17 think in '99.

18 SPECIAL AGENT FAHEY: Was that person 19 tested and removed?

20 MR. Yes, he was.

21 SPECIAL AGENT FAHEY: And was it 22 substantiated?

23 MR. 1 We was with -- Yeah, he was 24 because -- it wound up being, when they tested him, they 25 waited so long, this was at -- the time -- seven o'clock NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS

19 1 in the morning. By the time they tested him it was one 2 o'clock in the afternoon. So he didn't blow anything, but 3 the other maintenance -- I was working in the maintenance 4 group there, and the other maintenance employees knew he 5 smelled of alcohol and knew it wasn't the first time.

6 SPECIAL AGENT FAHEY: Okay. And it 7 really doesn't matter whether --

8 MR.:* Right.

9 SPECIAL AGENT FAHEY: -- he tested 10 positive or not, --

11 MR.: . He tested --

12 SPECIAL AGENT FAHEY: -- the process 13 worked?

14 MR. Right. They had tested him 15 and it worked. I didn't get in trouble.

16 SPECIAL AGENT FAHEY: And that's the 17 whole point of the program?

18 MR. Right.

19 SPECIAL AGENT FAHEY:. That if you 20 suspect, that the employee goes along with.the program?

21 MR. (Nods head affirmatively.)

22 SPECIAL AGENT FAHEY: Okay.. Have you 23 done anything else in an attempt to get your access back?

24 Hired an attorney, gone to the Department of Labor, any 25 other avenues?

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20 1 MR. Yes.

2 SPECIAL AGENT FAHEY: Tell me what 3 you've -- you've done so far.

4 MR. Attorneys.

5 SPECIAL AGENT FAHEY: Hired a private 6 attorney?

7 MR. MOM. (Nods head affirmatively.)

8 SPECIAL AGENT FAHEY: Okay. And who is 9 that, if you don't mind putting it on the record?

10 MR.4" Wens Qik&

11 SPECIAL AGENT FAHEY: I 12 MR. " That would be 13 14 SPECIAL AGENT FAHEY: He's an attorney?

15 MR. Yes, he's kind of' pointing us 16 in the right direction, which way to go. And the Labor 17 Relations Board.

18 SPECIAL AGENT FAHEY: Okay. And what 19 about the Department of Labor, do you know anything about 20 that?

21 MR.j No.

22 SPECIAL AGENT FAHEY: When we go off the 23 record I'll give you some information on how to follow up 24 on that.

25 What about has the union done anything?'

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21 1 MR. Vow No.

2 SPECIAL AGENT FAHEY: Okay. Are they 3 aware of the issue then?

4 MR. 0,9r: Yes.

5 SPECIAL AGENT FAHEY: Okay. And other 6 than the licensee's investigator, has anyone else 7 contacted you about this matter?

8 MR. No. He only had -- I only 9 talked to him one time. And when he talked to me, it was 10 -- he said it was all confidential, informational only.

11 SPECIAL AGENT FAHEY: Okay. Now, tell 12 me who some of these other people are who denied they had 13 any knowledge but knew.

14 MR.I  : That would be -- Let's see.

15 I worked with (phonetic),!

16 (phonetic).

17 SPECIAL AGENT FAHEY.:

18 MR. Yeah, something like that.

19 We just call him' 20 SPECIAL AGENT FAHEY: Okay.

21 MR. Got one of them names that 22 long, can't spell.

23 SPECIAL AGENT FAHEY: Is he a 24 supervisor?

25 MR. Yes. And it was NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

22 1

2 SPECIAL AGENT FAHEY: What position did knv old?

3 4 MR. They was all foremen, 5 supervision there.

6 SPECIAL AGENT FAHEY: And all shared a 7 room -- room or office?

8 MR. . Same office.

9 SPECIAL AGENT FAHEY: Okay.

10 MR. M- And then -- well,

• 11 he got accused for being -- smelling of the alcohol that 12 day, that it wa The security stopped 13 him and brought him up and gave him the random test*

14 because they thought it was him. But it just so happened 15 it was the fellow in front of him.

16 SPECIAL AGENT FAHEY: Solo walked 17 into the plant --

18 *MR. Right behind --

19 SPECIAL AGENT FAHEY: -- behind 20 5 21 MRS A 22 SPECIAL AGENT FAHEY:. And security 23 .tagged him?

24 25 he's also denied.

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

23 1 SPECIAL AGENT FAHEY: And is he -- Why 2 is he denied?

3 MR. . Because he didn't report the 4 fellow for smelling of alcohol, from what I heard.

5 SPECIAL AGENT FAHEY: So you're denied 6 access because you did report, and he's denied access 7 because he didn't report?

8 MR. Right.

9 SPECIAL AGENT FAHEY: I'm confused.

10 MR. Well, figured it didn't do 11 us any good to report.

12 SPECIAL AGENT FAHEY: What about 13 landM N was access denied for them?

14 MR: No.

15 SPECIAL AGENT FAHEY: Is there anybody 16 else?

17 MR. -: From what `I hearl0t 18 access isn't denied either because he's supposed 19 to be going back out there. 's access didn't 20 get denied. s didn't get denied, and he was 21 s boss, and he knew that we had told about the 22 incident.

23 SPECIAL AGENT FAHEY: How do you know 24 that?

25 MR. He admitted tcd*

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24 1 and to 2 SPECIAL AGENT FAHEY: Okay. Admitted 3 that he knows now or he knew at the time?

4 MR. 1 . Knew at the time. He knew at 5 the time.

6 SPECIAL AGENT FAHEY: Knew that day?

7 MR. Yes.

8 SPECIAL AGENT FAHEY: Okay. And what 9 about this uy, was he involved in this?

10 MR. yes.

11 SPECIAL AGENT FAHEY: Didi V tell 12 why this didn't go anywhere?

13 MR.1W No. I don't know if he did 14 or not. I know he give -- you know, 15 statement stating he knew that knew about it and 16 didn't do anything. I haven't seen that piece of paper, 17 but they said he had it.

18 SPECIAL AGENT FAHEY: Okay. Gave 19 w oo _ The attorney?

20 MR. Yeah, the attorney.

21 SPECIAL AGENT FAHEY: Okay. Attorney 22 23 MR. Yep.

24 SPECIAL AGENT FAHEY: Okay. Is there 25 anything that you told the private investigator for the NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS

-11n l LS %SAt

25 1 company that's different from what you've told me today, 2 anything that you want to correct in what you. might have 3 told him at the time?

4 MR. _ _ No, that's all pretty much --

5 SPECIAL AGENT FAHEY: The same?

6 MR. the same. Hopefully.

7 SPECIAL AGENT FAHEY: Okay.

8 MR. W That was months ago now.

9 SPECIAL AGENT FAHEY: Let's go off the 10 record for a minute.

11 (Discussion off the record.)

12 SPECIAL AGENT FAHEY: All right. We're 13 back on the record. All right. And while we were off the 14 record I obtained my copy here of your statement to the 15 NMC investigator, and while I'm not showing you the 16 statement *--orthe write-up, because it's certainly a 17 paraphrase of what you told him, there seems to be a 18 definite discrepancy between what you told the 19 investigator and what youre telling me here today, and I 20 want to clarify this fon the record. There's nothing in 21 the write-up here that indicates that you ever reported 22 your concerns about Mr. It's clear that the 23 investigator wrote that you had concerns about smelling 24 alcohol on Mr.., but there's nothing in the

.25 write-up here that indicates you reported" Iwto NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

26 Today you recall specifically --

2 MR. Yes.

3 SPECIAL AGENT FAHEY: -- and you recall 4 a specific day, but you can't give me the date?

5 MR. I@NhiW Right.

6 SPECIAL AGENT FAHEY: And it was a day 7 in whichsaid he would take care of it -- or look 8 into it?

9 MR. Look into it.

10 SPECIAL AGENT FAHEY: And it was a day 11 that you recall that Mr. also mentioned 12 MR -*FP -- *' and 13 SPECIAL AGENT FAHEY: Also mentioned the 14 same day?

15 MR.JM Same day.

16 SPECIAL AGENT FAHEY: Okay. All right.

17 And the investigator wrote, and I'm going.to quote this 18 because I want you to explain this: "Mr. l responded 1*9 that he did not notify Day Zimmerman Nuclear Power 20 Service," NPS, it says, "management of Mr. s 21 condition because they knew his condition and because he, 22 Mr.

• was a fellow worker." Is that true?

23 MR. That--

24 SPECIAL AGENT FAHEY: You did report?

25 MR. I did report it.

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-* -I IPr%= 101 Ahirk A1IC M AIN

27 1 SPECIAL AGENT FAHEY: Okay. And you 2 reported it on one occasion?

3 MR. On one occasion only.

4 SPECIAL AGENT FAHEY: Okay. And it 5 further goes on to say that, according to you,A 6 did not appear impaired in any manner, although he smelled 7 of alcohol?

8 MR. That is true.

9 SPECIAL AGENT FAHEY: That's your 10 assessment?

11 MR. (Nods head affirmatively.)

12 That's true.

13 SPECIAL AGENT FAHEY: And was this a 14 chronic problem that Mr. had?

15 MR. From what the other fellows 16 said, yes. I only had run into him just a couple times, 17 and at one time he did smell of -- but the other fellows 18 that worked for him and seen him regularly, they said yes, 19 that was ongoing.

20 SPECIAL AGENT FAHEY: So you only had 21 one experience --

22 MR. WN": Right.

23 SPECIAL AGENT FAHEY: -- and during that 24 time you did --

25 MR. I Yes.

NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS

28 1 SPECIAL AGENT FAHEY: -- report him --

2 MR. W . (Nods head affirmatively.)

3 SPECIAL AGENT FAHEY: -- tol 4

5 MR.To 6 *SPECIAL AGENT FAHEY: Is there any way 7 to figure out a date that you did that? Do you know? Did 8 jot down anything in the log, supervisor's log.?

9 MR. M Doubt seriously.

10 SPECIAL AGENT FAHEY: Was there a 11 condition report written?

12 MR. *.- No. And that's my fault,. I 13 guess, for --

14 SPECIAL AGENT FAHEY: And the only 15 documentation might be if Mr. ctually was 16 tested that day?

17 MR. j: Right. Which I don't know if 18 he was or not. fgmahimself even admitted to have 19 smelling of alcohol.

20 SPECIAL AGENT FAHEY: Admitted to you?

21 MR.A He admitted it to and 22 23 SPECIAL AGENT FAHEY: On that particular 24 day or generally?

25 MR. *Generally.

NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS

-1 '-;1 1~ m Ig ASM Afl~t KI M .

29 1 SPECIAL AGENT FAHEY: Well, what excuse 2 did he provide?

3 MR. I. Just had a few too many the 4 night before.

5 SPECIAL AGENT FAHEY: Were you the kind 6 of crew that went out after work?

7 MR. No.

8 SPECIAL AGENT FAHEY: And socialized 9 together?

MR.  : No.

10 11 SPECIAL AGENT FAHEY: Okay. So you were 12 never in a position where you actually observed Mr.*

13

-MR.W No.

14 15 SPECIAL AGENT FAHEY: Did you ever 16 confront Mr. about this issue?

17 MR. No, I didn't.

18 SPECIAL AGENT FAHEY: Okay. And I think 19 you said previously on the record that you have had no 20 conversations--

MR.. *. Right.

21 22 SPECIAL AGENT FAHEY: -- with either he or 'since you leWaune/

23 or'left2newaun 24 MR. Correct'.

25 SPECIAL-AGENT FAHEY: All right. Let's NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS

30 1 talk about you not being able to get work. Who do you 2 think is responsible for preventing you from -- Is it the 3 contractor? Is it NMC?

4 MR. j Getting out there right now, 5 I would have to say, 6 SPECIAL AGENT FAHEY: Okay. Bu 7 just a contract supervisor; right?

8 MR.W He's a contract supervisor.

9 SPECIAL AGENT FAHEY: "Out there," are.

10 you talking aboi.t Point Beach right now?

.1i1

• Right.

12 SPECIAL AGENT FAHEY: They're the ones 13 who are hiring currently?

14 MR. They are and 'Phillip &

15 Getschow.

16 SPECIAL AGENT FAHEY: Is working 17 for Phillips & Getschow. now?

18 MR. No, he's working forýay 19 Zimmermal.

20 SPECIAL AGENT FAHEY: Okay. Now, could 21 he as a supervisor for'ýay & Zimmerma@6revent you from 22 going to work for Phillips & Getschow?

23 MR. e Well, he's pretty much the

.24 reason we denied, by lying and saying that he -- no one 25 told him anything of this incident.

NEAL R. GROSS 11r%10T DMD1 ODTCDQ ANIM *DAK1Cf1DODC

31 1 SPECIAL AGENT FAHEY: How do you know he 2 did that?

3 MR. Well, he's still got a job 4 and I don't. Sc apparently somebody's believing his story 5 and not us.

6 SPECIAL AGENT FAHEY: Okay. Now, you 7 did contact Phillip & Getschow for work?

8 MR. Yes, I did.

9 SPECIAL AGENT FAHEY: And they were glad 10 to hear from you?

11 MR. Yes, they was glijd to hear 12 from me and said they would like me out there but I'm 13 denied.

14 SPECIAL AGENT FAHEY: So it's not at 15 that level that anyone is preventing you from going to 16 work?

17 MR.mo No. No.

18 SPECIAL AGENT FAHEY: Okay. Did 19 Phillips --

20 MR. As a matter of fact, Phillips 21 & Getschow, they said if I can get this taken care of, 22 they'd hire me :aow.

23 SPECIAL AGENT FAHEY: How do you get it 24 taken care of?

25 MRw Well, if we ever get my NEAL R. GROSS rmi~ IPT P;=PrPT9=P. AM~f TPAM'~C.PIPF:P.

32 1 access back.

2 SPECIAL AGENT FAHEY: -Okay. Did Phillip 3 & Getschow indicate they could place you at another 4 facility?

5 MR.,f= :. No, they don't have any 6 other - -

7 SPECIAL AGENT FAHEY: No other jobs 8 going right now?

9 MR.1* Nope. They're kind of slow.

10 SPECIAL AGENT FAHEY: And you don't know 11 whether you would have ultimately been hired at Seabrook?

12 MR. Well, ~ ,he was 13 over at Prairie. That's when we found out we was all 14 denied for true.

15 SPECIAL AGENT FAHEY: Prairie Island?

16 MR. Yep.

SPECIAL AGENT FAHEY: In Monticello?

18 MR. Not Prairie Island.

19 SPECIAL AGENT FAHEY: Monticello?

20 MR. 4 Un-unh. What'.s that one in 21 Ohio?

22 SPECIAL AGENT FAHEY: Perry?

23 MR. W . Perry.

24 SPECIAL AGENT FAHEY: Davis Besse?

MR. IMIX.Yep.

25 NEAL R. GROSS M1 IT D;=PPTFrR ANM TPANIqr'CRIP;=P

33 1 SPECIAL AGENT FAHEY: Which? There are 2 two plants. Perry and Davis Besse. Two words.

3 MR. W Because he was -- What unit 4 he was on, I haven't a clue. But he was escorted off the 5 job.

6 SPECIAL AGENT FAHEY: Which one? Perry 7 or Davis Besse? !There's two in Ohio.

8 MR.*  : Davis Besse.

9 SPECIAL AGENT FAHEY: Davis.

10 MR.u Davis, yep.

11 SPECIAL AGENT FAHEY: Do you know 12 anything about this PADS? Do you know what that is? It's 13 an acronym.

14 MR. I have no idea.

15 SPECIAL AGENT FAHEY: We won't go into 16 that then. Have you had any conversations with arlene 17 Peters 18 MR.. i -- No.

19 SPECIAL AGENT FAHEY: -- *about your 20 access?

21 MR.. No.

22 SPECIAL AGENT FAHEY: Okay.

23 MR.,*  : Because the only one I talked 24 to about my access was'candy Clevelan' because they said 25 within seven days we had to send him the -- what the heck NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS

34 1 you call it -- pla -- you know, the -- Help me out here.

2 SPECIAL AGENT FAHEY: Well, I can't show 3 you these documents because they came from another 4 witness, but was it a Request for Review of Nuclear Access 5 Authorization Denial --

6 MR. NO.

7 SPECIAL AGENT FAHEY: -- Based on 8 Background Information?

9 MR. No.

10 SPECIAL AGENT FAHEY: Some forms to fill 11 out?

12 MR. -o It was a -- we -- They sent 13 me the denial, I sent -- I wrote up my -- what I thought 14 it was supposed to be and sent it back to him.'

15 SPECIAL AGENT FAHEY: And it wasn't 16 this?

17. MR.J Nope.

18 SPECIAL AGENT.FAHEY: Okay. And.then*

19 what happened -- when was that, roughly?

20 MR. I had to send that back to 21 him and.I got the denial in February, they told me I had 22 within seven days to get them the reply -- appeal. I had 23 to appeal it within seven~days. Within 30 days I would 24 get an answer from them, which it took them roughly two 25 months to give me the answer back. And that's why I kept NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS

35 1 asking -- calling ndy Clevelan what's going on, and he 2 kept saying, We're investigating, investigating, and --

3 and they sent me a denial again.

4 SPECIAL AGENT FAHEY: And do you 5 remember when that was?

6 MR. J . That was in April, I believe.

7 Yeah, I think it was in the end of April. I think that's 8 it.

9 SPECIAL AGENT FAHEY: Okay. All right.

10 Let's go off the record one more time.

11 (Discussion off the record.)

12 SPECIAL AGENT FAHEY: Okay. We're back 13 on the record. While we were off the record I provided 14 you with Jim Heller's telephone number. He's our 15 allegations coordinator in Region III. And I discussed 16 with you in general terms about making an allegation of 17 discrimination and what little information I know about 18 the Department of Labor's program. Mr..Heller certainly 19 can provide you with much more detailed information,, and 20 you said while we were off the record that.you're going to 21 thinkabout it.

22 MR. Yes.

23 SPECIAL AGENT FAHEY: And you'll contact 24 Mr. Heller if you decide you want to go one way or the 25 other?

NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS

36 1 MR. m (Nods head affirmatively.)

2 SPECIAL AGENT FAHEY: Okay. I don't 3 have any further questions. Mriýj have I threatened 4 you in any manner, offered you any reward in return for 5 your statement?

6 MR.*P .. Nope.

7 SPECIAL AGENT FAHEY: Have you given 8 your statement freely and voluntarily?

9 MRAM Yes, I did.

10 SPECIAL AGENT FAHEY: Anything further 11 you want to add for the record?

12 MR. = No. Should be--

13 SPECIAL AGENT FAHEY: Okay. And you 14 have my business card?

15 MR. Yes.

16 SPECIAL AGENT FAHEY: If there are any 17 documents that you have at home that you think might be 18 pertinent, if there.-- if there's just a few, if you could 19 fax them to me, my fax number's on that card. Otherwise, 20 if you put them in the mail to me, copies please, I'd 21 appreciate it.

22 MR. Yeah.

23 SPECIAL AGENT FAHEY: Okay. We're 24 concluded,-approximately 12:45.

25 (Concluded at 12:45 p.m.)

NEAL 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 Number: 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.

IlICarrie Bohrer Official Reporter Neal R. Gross & Co., Inc.

NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS