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| issue date = 10/14/2003
| issue date = 10/14/2003
| title = Exhibit 6: Transcript of Interview Individual
| title = Exhibit 6: Transcript of Interview Individual
| author name = Monroe K L
| author name = Monroe K
| author affiliation = NRC/OI/RGN-I/FO
| author affiliation = NRC/OI/RGN-I/FO
| addressee name =  
| addressee name =  
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=Text=
=Text=
{{#Wiki_filter:--;-EXHIBIT 6 Information In this record was deleted in accordance with Nefreedom of Information Act, exemptions
{{#Wiki_filter:EXHIBIT 6 Information In this record was inaccordance with              deleted Act, exemptions Nefreedom of Information FOIA- 3Ž)qt 'I 2L.
'I FOIA- 3)qt 2L.Iy Exhibit 6 Case No. 1-2OO3¶-.S  
Case No. 1-2OO3¶-.S Iy Exhibit 6
--
 
1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 UNITED STATED OF AMERICA NUCLEAR REGULATORY COMMISSION OFFICE OF INVESTIGATIONS INTERVIEW___ ____ -x IN THE MATTER OF: INTERVIEW OF (CLOSED): Docket No.: 1-2003-OlOS
1 1                       UNITED STATED OF AMERICA 2                     NUCLEAR REGULATORY COMMISSION 3
_ _ _ _ _ _ __ -x Tuesday, October 14, 2003 Salem/Hope Creek Generating Station Processing Center Artificial Island, New Jersey The above-entitled interview was conducted at 2:22 p.m.BEFORE: Special Agent Kristin Monroe, NRC/OI:RI V-0. 1-2D03;-EXHIBIT ;_l0 -F C PAGEL OJ FI PAGE(S)NEAL R. GROSS 9L teJJ s COURT REPORTERS AND TRANSCRIBERb I 1323 RHODE ISLAND AVE., N.W.
4                        OFFICE OF INVESTIGATIONS 5                                  INTERVIEW 6  ___  ____               -x IN THE MATTER OF:
2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 APPEARANCES:
INTERVIEW OF                               : Docket No.
On Behalf of the Witness: JEFF KEENAN, ESQ.Associate General Solicitor PSEG NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
9                                              : 1-2003-OlOS 10  (CLOSED) 11    _ _ _ _ _ _ __       -x 12                                    Tuesday, October 14, 2003 13 14                                    Salem/Hope Creek Generating 15                                        Station 16                                    Processing Center 17                                  Artificial Island, New Jersey 18 19                    The above-entitled interview was 20  conducted at 2:22 p.m.
3 1 P R O C E E D I N G S 2 (2:22 p.m.)3 SPECIAL AGENT MONROE: All right. Today 4 is Tuesday, October 14th, 2003, and the time is now 5 2:22 p.m. My name is Kristin Monroe, and I am a 6 Special Agent with the NRC Office of Investigations, 7 in King of Prussia, Pennsylvania.
21  BEFORE:
8 The interview this afternoon is with 9 who is employed by PSEG at Salem/Hope 10 Creek Generating Stations.
22            Special Agent Kristin Monroe, NRC/OI:RI 23 24 EXHIBIT  ;_
Also present is Jeff 11 Keenan, who is an Associate General Solicitor for PSEG 12 here at Salem/Hope Creek.13 And the subject of the interview this 14 afternoon concerns an allegation that the NRC received 15 tha is a senior engineer here at the 16 site, feels that as discriminated against for 17 raising safety concerns specifically about the TART 18 program.19 It initially came to the NRC, I guess, in 20 December of 2002, and we had a case that we fully 21 investigated, and that was closed, and since W has 22 raised another issue, I am opening a supplemental to 23 address the specific issue.24 And you are just a witness for the 25 interview this afternoon.
25 V-0.     1-2D03;- l0 -             F   C             PAGEL OJFI  PAGE(S)
Okay. would you NEAL R. GROSS JItioi COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
NEAL R. GROSS             9L     teJJ s COURT REPORTERS AND TRANSCRIBERb     I 1323 RHODE ISLAND AVE., N.W.
4 1 please state your full name and spell your last?2 Okay.3 4 / SPECIAL AGENT MONROE: All right. And 5 before we went on the record, I indicted that the 6 interview would be conducted under oath. Do you have 7 any objection to being interviewed under oath?8 No, not at all.9 (Whereupon, 10 sworn.)11 SPECIAL AGENT MONROE: And it's okay if I 12 call you Debbie?13 Yes, it is.14 SPECIAL AGENT MONROE: Okay. How did you 15 happen to have Jeff represent you for the purposes of 16 this afternoon's interview?
 
17 I called him.18 SPECIAL AGENT MONROE: Does your company 19 require you to have an attorney present when you are 20 interviewed by the NRC's Office of Investigations?
2 1 APPEARANCES:
21 Not that I am aware of, no.22 SPECIAL AGENT MONROE: And, Jeff, if you 23 could enter your appearance for the'record.
2       On Behalf of the Witness:
24 MR. KEENAN: Yes. My name is Jeff Keenan, 25 and I am counsel with PSEG Services, and today I am NEAL R. GROSS '1X W)il>To COURT REPORTERS AND TRANSCRIBERS l1323 RHODE ISLAND AVE.; N.W.ar n* *SI £'LIefnrrtg#
3       JEFF KEENAN, ESQ.
trl~T ^ n By~ J '7E4..
4       Associate General Solicitor 5       PSEG 6
5 1 representing PSEG Nuclear and in a joint 2 capacity.3 I have reviewed the information in the 4 file and I am not aware of any conflict at this time.5 Should a conflict arise during the process of our 6 discussion, we will take a break and figure out how to 7 best handle that.8 And in addition, before the interview, we 9 talked about the ability to look at the transcript, 10 and so we would reserve that right to look at the 11 transcript in the presence of the NRC.12 SPECIAL AGENT MONROE: Right. Great.13 Okay. And, you do understand that if you 14 chose to meet with me privately at your convenience 15 that you could do so?16 MR. KEENAN: Yes.17 SPECIAL AGENT MONROE: And will the 18 presence of Jeff hinder your testimony in any way 19 today?20 MR. KEENAN: No.21 SPECIAL AGENT MONROE: Okay. What is your 22 current position title?23 I am a licensed practical 24 nurse, and I have been working with PSEG as a 25 disability nurse, and a nurse on site here. There is NEAL R. GROSS I 3 o COURT REPORTERS AND TRANSCR ERI 1323 RHODE ISLAND AVE., N.W.
7 8
I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 not really a title that goes with it.SPECIAL AGENT MONROE: Okay.I wear many hats.SPECIAL AGENT MONROE: Okay. In the medical department?
9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
In the medical department.
 
SPECIAL AGENT MONROE: And how long have you been employed by PSEG?I have been here with PSEG for over Wyears now, and subcontracted through various pgencies.SPECIAL AGENT MONROE: Okay. So are you 5 I II t I I/a ESEG employee?No. I am not a : employee, no.SPECIAL AGENT MONROE: contracted by?At this agency is Adecco.SPECIAL AGENT MONROE: date and place of birth?Okay.. Who are time, this curr And what is yc PSEG you ent)ur ur e. In_ _ _ _SPECIAL AGENT MONROE: And what is yol 25 social security number?NEAL R. GROSS COURT REPORTERS AND TRANSCR JERS /1323 RHODE ISLAND AVE., N.W.... ._ _ _ N.W..... __
3 1                 P R O C E E D I N G S 2                                                         (2:22 p.m.)
7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 is 16 17 18 19 20 21 22 23 24 25 SPECIAL AGENT MONROE: And what is your current home mailing address?_ _ _i Is that like named SPECIAL AGENT MONROE: after your familym-Yes, it is.SPECIAL AGENT MONROE: Really? Was it like a farm area or something?
3             SPECIAL AGENT MONROE:             All right. Today 4 is Tuesday, October 14th, 2003, and the time is now 5 2:22 p.m. My name is Kristin Monroe,               and I am a 6 Special Agent with the NRC Office of Investigations, 7 in King of Prussia, Pennsylvania.
Yes, that's exactly what it is. It is a farm.SPECIAL AGENT MONROE: Okay. And what is the zip code there?SPECIAL AGENT MONROE: that. Where i It is/ SPECIAL AGENT MONROE: home telephone number?And I have heard of 20 minutes south.Okay. What is your-fIr-Okay.I And your SPECIAL AGENT MONROE number here at Salem/Hope Creek?SPECIAL AGENT MONROE: And who do you NEAL R. GROSS q5 COURT REPORTERS AND TRANSCRIBERF 1323 RHODE ISLAND AVE., N.W.
8             The   interview       this     afternoon     is   with 9                   who is employed by PSEG at Salem/Hope 10 Creek Generating     Stations.         Also present         is Jeff 11 Keenan, who is an Associate General Solicitor for PSEG 12 here at Salem/Hope Creek.
8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 report to directly?Dr. Ronald Mack.SPECIAL AGENT MONROE: Okay. M-A-C-K?Yes.SPECIAL AGENT MONROE: Is he a PS]employee or he is a subcontractor?
13             And the subject         of the       interview this 14 afternoon concerns an allegation that the NRC received 15 tha                       is a senior engineer here at the 16 site, feels that         as discriminated against for 17 raising safety concerns specifically about the TART 18 program.
Yes, he is. He is the PS]EG EG medical director.SPECIAL AGENT MONROE: Okay. And just briefly a description of your responsibilities here?_ Oh, boy. To do medical testing, prepare physical exams, and that includes licensed operators, and the armed guards, the fire personnel, and those who are respirator and heat stress qualified.
19             It initially came to the NRC, I guess, in 20 December of 2002,     and we had a case that we fully 21 investigated, and that was closed, and since W                   has 22 raised another issue, I am opening a supplemental to 23 address the specific issue.
To do drug and alcohol testing, and we .do the access, the processing in of all new employees and contractor employees, and we also do the respirator fit exams for different locations at PSEG.I have the disability process and monitoring those employees on restrictions, permanent and temporary.
24             And   you   are     just     a   witness   for   the 25 interview this afternoon.         Okay.                 would you NEAL R. GROSS               JItioi COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
Following those cases. Immunizations that are needed. *Just whatever is needed in the medical field.SPECIAL AGENT MONROE: Okay. Are you the NEAL R. GROSS t IOl 5 COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE.. N.W.
 
9 1 only nurse that is here?2 At this time, yes.3 SPECIAL AGENT MONROE: Now , is 4 the individual that we are talking about. Do you know 5 L and would you kno by sight i
4 1   please state your full name and spell your last?
* came into 6 the office here?7 Probably not. They all 8 look alike.9 SPECIAL AGENT MONROE: Okay. What got us 10 here was that back in the summer -- and I explained 11 this before we went on the record, but for purposes of 12 the transcript, is that back in the summer of 2002, 13 around August of 2002, aw and his supervisor, n 14 _were having a disagreement ove taking 15 a TARP assignment.
2                                               Okay.
16 It is an extra duty along withf Fsenior 17 engineer responsibilities, and *at one point on a 18 Friday afterno_ suggested that o 19 home on what characterized as a decision making 20 leave. It is a paid leave, and to make sure that you 21 understand the consequences of not accepting a job 22 assignment.
3 4 /               SPECIAL AGENT MONROE:                         All right. And 5   before we went on the record,                         I indicted that the 6   interview would be conducted under oath.                           Do you have 7   any objection to being interviewed under oath?
23 That was on a Friday. ntent was 24 to have ar eturn to work the following Monday, and 25 discuss the situation..
8                                               No, not at all.
ended up taking an entire NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W. 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 10 week off, Monday through Friday of. that week in August, because of hings over this disagreement.
9                   (Whereupon, 10   sworn.)
And whe( came to the NRC just back again in September of this year, 0 sent a couple of e-mails, which we looked at before we went on the record, and that is how I got back to you. There was one specifically that is dated August 26th, 2002, to you.And you had indicated that it wa example was characterized as a return to work exam, versus a fitness for duty kind of thing. So if you could explain what a return to work exam is, and-how one would have to have that in order to return to the site.-A return to work exam is done when an employee has been off work ill, and he has returned to work, or he has been off work ill for less than 5 days.It is broken up into two different categories at this point. There is a policy for employees who are out of work for over 5 days. Those employees are in the disability program.*For employees who are out of work ill for less than 5 days, to return to work, they have a note NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE.. N.W.
11                 SPECIAL AGENT MONROE:                         And it's okay if I 12   call you Debbie?
11 1 from their family physician that they can return to 2 work with the following restrictions, whatever those 3 restrictions are.4 The supervisor sends that employee to 5 medical for an evaluation and to -- regarding the 6 physical capabilities, and regarding those specific 7 restrictions, and if there is a return to work date on 8 the note, and whatever the diagnosis is.9 And all of that and then the employee is 10 then evaluated.
13                                               Yes, it is.
We see the employee, and we are back 11 in touch with the supervisor after we have spoken with 12 the employee.
14                 SPECIAL AGENT MONROE:                         Okay. How did you 15   happen to have Jeff represent you for the purposes of 16   this afternoon's interview?
We do not give out any diagnosis.
17                                               I called him.
13 But if there are restrictions they are listed.14 SPECIAL AGENT MONROE: Okay.15 We are very specific with 16 restrictions, and that is also included, how long 17 those restrictions will be in effect. Also, some of 18 the questions that you might ask of the employee is if 19 they are taking any medications.
18                 SPECIAL AGENT MONROE:                         Does your company 19   require you to have an attorney present when you are 20   interviewed by the NRC's Office of Investigations?
20 SPECIAL AGENT MONROE: Now, you were 21 talking about the employee has to bring in a note.22 Right..23 SPECIAL AGENT MONROE: Would your file 24 have a note?25 Well, another thing to look NEAL R. GROSS I. ) JUlag>COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE.. N.W.
21                                             Not that I am aware of, no.
12 1 at is when an employee is on a medication, the 2 employees are to report those medications to their 3 supervisors.
22                 SPECIAL AGENT MONROE:                         And, Jeff, if you 23   could enter your appearance for the'record.
4 This is -- if the supervisor has a 5 question regarding the medications  
24               MR. KEENAN:             Yes.       My name is Jeff Keenan, 25   and I am counsel with PSEG Services, and today I am NEAL R.GROSS                       '1X W)il>To COURT REPORTERS AND TRANSCRIBERS             l 1323 RHODE ISLAND AVE.; N.W.
-- for instance, 6 they don't know what the medication is, or they are 7 concerned with side effects, they can call and they 8 do, call medical for help with this. That is done 9 frequently.
ar n*   *SI         £'LIefnrrtg# trl~T n By~
10 SPECIAL AGENT MONROE: Okay. Now, in the 11 case of does fIave a return to work letter?12 Well, based on what my 13 notes are here, was sent over here from 14 supervisor.
                                                    ^  J '7E4..
6 resented to medical, and/r stated 15 that supervisor was requesting a evaluation to 16 clarify restrictions on medical use.17 SPECIAL AGENT MONROE: Okay. What is the 18 date on that document that you are looking at?19 This is August 22nd, 2002.20 SPECIAL AGENT MONROE: August 22, 2002.21 And that is from 22 SPECIAL-AGENT MONROE: No, this is -- the 23 request is from o 24 SPECIAL AGENT MONROE: Yes.25 The request was given to us NEAL R. GROSS COURT REPORTERS AND TRANSCRIBER 1323 RHODE ISLAND AVE., N.W.
 
13 1 It was verbal. *was at the window and 2 ad staed that i supervisor sentlaver here 3 for this.4 SPECIAL AGENT MONROE: Okay. I 5 understand.
5 1 representing   PSEG Nuclear         and               in   a   joint 2 capacity.
6 In talking wit"A_, we 7 found out the medication that
3               I   have reviewed the information                 in   the 4 file and I am not aware of any conflict at this time.
* was on, and the side 8 effects from that. Based on that, then W was seen 9 by our doctor here, Dr. Stewart Solomon, that same 10 day.11 SPECIAL AGENT MONROE: Okay. Now, the 12 medications that t as on, did that place any kind of 13 restriction on could do as far as --14 re are restrictions 15 regarding the medication that is on.16 SPECIAL AGENT MONROE: Now, you are 17 looking at an e-mail?18 Yes.19 SPECIAL AGENT MONROE: Now, those 20 restrictions, were they placed or/m by 21 personal physician or by Dr. Solomon, who had 22 evaluated 23 The restrictions are, 24 because of'the side effects that you would see from 25 the medication.
5 Should a conflict arise during the process of our 6 discussion, we will take a break and figure out how to 7 best handle that.
8             And in addition, before the interview, we 9 talked about the ability to look at the transcript, 10 and so we would reserve that right to look at the 11 transcript in the presence of the NRC.
12               SPECIAL AGENT MONROE:                 Right.     Great.
13 Okay. And,               you do understand that             if   you 14 chose to meet with me privately at your convenience 15 that you could do so?
16               MR. KEENAN:       Yes.
17               SPECIAL       AGENT     MONROE:         And   will     the 18 presence of Jeff hinder your testimony in any way 19 today?
20               MR. KEENAN:         No.
21               SPECIAL AGENT MONROE:             Okay. What is your 22 current position title?
23                                     I am a licensed practical 24 nurse, and   I   have     been     working       with   PSEG     as   a 25 disability nurse, and a nurse on site here.                 There is NEAL R.GROSS I               3   o COURT REPORTERS AND TRANSCR ERI 1323 RHODE ISLAND AVE., N.W.
 
I5 1 not really a title that goes with it.
2              SPECIAL AGENT MONROE:                 Okay.
3                                    I wear many hats.
4              SPECIAL AGENT MONROE:                     Okay. In the 5 medical department?
6                                  In the medical department.
7            SPECIAL AGENT MONROE:                 And how long have I
II 8 you been employed by PSEG?
t I
9                                  I have been here with PSEG
                                                                                  /
I 10 for over Wyears         now, and       subcontracted           through 11 various pgencies.
SPECIAL AGENT MONROE:                 Okay. So are you 12 13 a ESEG employee?
14                                      No.           I am not     a :PSEG 15 employee, no.
16            SPECIAL AGENT MONROE:                 Okay.. Who are you 17 contracted by?
18                                  At this time, this curr ent agency is Adecco.
19 SPECIAL AGENT MONROE:                   And what is yc)ur 20 21 date and place of birth?
: e. In ur SPECIAL AGENT MONROE:                   And what is yol 25 social security number?
NEAL R. GROSS COURT REPORTERS AND TRANSCR JERS         /
1323 RHODE ISLAND AVE.,
N.W.
N.W..... __
 
7 1
2               SPECIAL AGENT MONROE:               And what is your 3 current home mailing address?
_       _     _i 4
5 6              SPECIAL AGENT MONROE:              Is that like named 7 after your familym 8                      -               Yes,   it is.
9              SPECIAL AGENT MONROE:                 Really?     Was it 10  like a farm area or something?
11                                    Yes, that's exactly what it 12  is. It is a farm.
13                SPECIAL AGENT MONROE:               Okay. And what is 14  the zip code there?
is 16                SPECIAL AGENT MONROE:             And I have heard of 17  that. Where   i 18                                        It is 20 minutes south.
19            /   SPECIAL AGENT MONROE:             Okay. What is your 20  home telephone number?
21
                                                    -fIr-22                SPECIAL AGENT MONROE                  Okay.I   And your 23  number here at Salem/Hope Creek?
24 25                SPECIAL AGENT MONROE:                 And who do you NEAL R. GROSS q5 COURT REPORTERS AND TRANSCRIBERF 1323 RHODE ISLAND AVE., N.W.
 
8 1 report to directly?
2                                     Dr. Ronald Mack.
3              SPECIAL AGENT MONROE:               Okay. M-A-C-K?
4                                    Yes.
5              SPECIAL AGENT         MONROE:         Is   he   a PS]EG 6 employee or he is a subcontractor?
7                                    Yes, he is.       He is the PS]EG medical director.
9              SPECIAL AGENT MONROE:               Okay. And just 10  briefly a description of your responsibilities here?
11                      _               Oh, boy.         To do medical 12  testing, prepare physical exams,               and that includes 13  licensed operators,     and the armed guards,             the fire 14  personnel, and   those who       are respirator         and heat 15  stress qualified.
16              To do drug and alcohol testing, and we .do 17  the access, the processing in of all new employees and 18  contractor employees, and we also do the respirator 19  fit exams for different locations at PSEG.
20              I have     the     disability         process   and 21  monitoring those employees on restrictions, permanent 22  and temporary. Following those cases.               Immunizations 23  that are needed.       *Just whatever is needed in the 24  medical field.
25              SPECIAL AGENT MONROE:               Okay. Are you the NEAL R. GROSS                 t       IOl5 COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE.. N.W.
 
9 1   only nurse that is here?
2                                       At this time, yes.
3                 SPECIAL AGENT MONROE: Now                 ,         is 4   the individual that we are talking about.               Do you know 5 L       and would you kno             by sight i
* came into 6   the office here?
7                                         Probably not.         They all 8   look alike.
9                 SPECIAL AGENT MONROE:             Okay. What got us 10   here was that back in the summer               --   and I explained 11   this before we went on the record, but for purposes of 12   the transcript,   is that back in the summer of 2002, 13   around August of 2002, aw           and his supervisor,         n 14       _were       having a disagreement ove                   taking 15   a TARP assignment.
16                 It is an extra duty along withfFsenior 17   engineer   responsibilities,         and *at one       point on   a 18   Friday afterno_                         suggested that           o 19   home on what       characterized as a decision making 20   leave. It is a paid leave, and to make sure that you 21   understand the consequences of not accepting a job 22   assignment.
23                 That was on a Friday.                         ntent was 24   to have ar     eturn to work the following Monday, and 25   discuss the situation..             ended up taking an entire NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.               0
 
10 1 week  off,   Monday     through     Friday of. that     week in 2 August, because of                         hings       over this 3 disagreement.
4              And whe(           came to the NRC just back 5 again in September of this year, 0               sent a couple of 6 e-mails,   which we looked at before we went on the 7 record, and that is how I got back to you.               There was 8 one specifically that is dated August 26th, 2002, to 9 you.
10                And you had indicated that it wa 11  example was characterized as a return to work exam, 12  versus a fitness for duty kind of thing.                 So if you 13  could explain what a return to work exam is, and-how 14  one would have to have that in order to return to the 15  site.
16                        -             A return to work exam is 17  done when an employee has been off work ill, and he 18  has returned to work, or he has been off work ill for 19  less than 5 days.
20                It   is     broken     up     into   two different 21  categories at this point.               There is a policy for 22  employees who are out of work for over 5 days.               Those 23  employees are in the disability program.
24                *Foremployees who are out of work ill for 25  less than 5 days, to return to work, they have a note NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE.. N.W.
 
11 1 from their family physician that they can return to 2 work with the following restrictions, whatever those 3 restrictions are.
4               The   supervisor         sends       that   employee to 5 medical for an evaluation           and to       --   regarding the 6 physical capabilities, and regarding those specific 7 restrictions, and if there is a return to work date on 8 the note, and whatever the diagnosis is.
9               And all of that and then the employee is 10 then evaluated. We see the employee, and we are back 11 in touch with the supervisor after we have spoken with 12 the employee. We do not give out any diagnosis.
13 But if there are restrictions they are listed.
14               SPECIAL AGENT MONROE:               Okay.
15                                     We are very specific with 16 restrictions,   and that       is also included,             how long 17 those restrictions will be in effect.                   Also, some of 18 the questions that you might ask of the employee is if 19 they are taking any medications.
20               SPECIAL AGENT         MONROE:           Now,   you were 21 talking about the employee has to bring in a note.
22                   Right..
23               SPECIAL AGENT MONROE:                 Would your file 24 have a note?
25                                   Well, another thing to look NEAL R. GROSS           I.     )JUlag>
COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE.. N.W.
 
12 1 at is when   an employee       is   on     a medication,       the 2 employees are to report those medications to their 3 supervisors.
4             This     is   --   if   the       supervisor     has   a 5 question regarding the medications --                 for instance, 6 they don't know what the medication is, or they are 7 concerned with side effects,           they can call and they 8 do, call medical for help with this.                   That is done 9 frequently.
10             SPECIAL AGENT MONROE:               Okay. Now, in the 11 case of         does fIave a return to work letter?
12                                       Well,     based on what my 13 notes are here,             was   sent over here           from 14 supervisor. 6     resented to medical, and/r               stated 15 that     supervisor was requesting a evaluation to 16 clarify restrictions on medical use.
17             SPECIAL AGENT MONROE:               Okay. What is the 18 date on that document that you are looking at?
19                                   This is August 22nd, 2002.
20             SPECIAL AGENT MONROE:                 August 22, 2002.
21 And that is from 22             SPECIAL-AGENT MONROE:               No, this is   -- the 23 request is from         o 24             SPECIAL AGENT MONROE:               Yes.
25                                   The request was given to us NEAL R. GROSS COURT REPORTERS AND TRANSCRIBER 1323 RHODE ISLAND AVE., N.W.
 
13 1             It was verbal. *was                 at the window and 2     ad staed that   i     supervisor sentlaver here 3 for this.
4             SPECIAL       AGENT     MONROE:           Okay.       I 5 understand.
6                                   In talking wit"A_, we 7 found out the medication that
* was on, and the side 8 effects from that.     Based on that, then             W was seen 9 by our doctor here,       Dr. Stewart Solomon,         that same 10 day.
11             SPECIAL AGENT MONROE:               Okay. Now, the 12 medications that   t   as on, did that place any kind of 13 restriction on                           could do as far as --
14                                           re   are restrictions 15 regarding the medication that               is on.
16             SPECIAL     AGENT     MONROE:         Now,   you are 17 looking at an e-mail?
18                                   Yes.
19             SPECIAL       AGENT     MONROE:           Now,   those 20 restrictions,   were     they   placed or/m             by 21 personal physician       or   by   Dr.     Solomon,     who   had 22 evaluated 23                                       The     restrictions     are, 24 because of'the side effects that you would see from 25 the medication.
NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
14 I SPECIAL AGENT MONROE: Okay.2 An e-mail was sent to 3 supervisor that on -- an e-mail was sent by myself, 4 and was seen by the doctor, and our doctor 5 requested further evaluation.
 
6 SPECIAL AGENT MONROE: And who would that 7 be done by, that further evaluation?
14 I             SPECIAL AGENT MONROE:               Okay.
8 Dr. Solomon had requested 9 thatt^see another company doctor here, a Dr.10 Binetti.11 SPECIAL AGENT MONROE: Okay. And what was 12 the purpose of that further evaluation?
2                                     An e-mail was sent to 3 supervisor that on --       an e-mail was sent by myself, 4 and     was   seen   by   the     doctor,       and   our doctor 5 requested further evaluation.
13 It was regarding the 14 medication use. An e-mail was sent to i 15 supervisor stating the side effects of the medication, 16 and based on those side effects, the restrictions that 17 hould be on, and things that
6             SPECIAL AGENT MONROE:               And who would that 7 be done by, that further evaluation?
* should not do.18 SPECIAL AGENT MONROE: Okay. And you are 19 referring to the August 26th, 2002 e-mail?20 Yes.21 SPECIAL AGENT MONROE: And I will just 22 read it in. "As per your request, the above-mentioned 23 employee has been evaluated today in the nuclear 24 medicine department.
8                                     Dr. Solomon had requested 9 thatt^see       another     company       doctor     here,   a Dr.
As a result of that evaluation, 25 it has been revealed that
10 Binetti.
* is taking medication in NEAL R. GROSS n7C1 COURT REPORTERS AND TRANSCRI3ERS 1323 RHODE ISLAND AVE., N.W.
11             SPECIAL AGENT MONROE:             Okay. And what was 12 the purpose of that further evaluation?
15 1 the evening hours.", 2 "This medication usually may produce the 3 side effects of sedation and drowsiness.
13                                       It     was     regarding   the 14 medication   use.       An   e-mail       was     sent   to i 15 supervisor stating the side effects of the medication, 16 and based on those side effects, the restrictions that 17     hould be on, and things that
The side 4 effects are noted and the employee is working in a 5 safety sensitive work position.
* should not do.
You may wish to 6 reassigr (to a non-safety sensitive position.
18             SPECIAL AGENT MONROE:               Okay. And you are 19 referring to the August 26th, 2002 e-mail?
It 7 is recommended that the employee not perform call-out 8 while on the medication.
20                                   Yes.
If you have any further 9 medication questions, please contact the nuclear 10 medicine department." 11 Did you receive any more questions from.12 after you sent this e-mail with 13 respect to how long the restrictions would be in 14 place?15 No, I don't believe so.16 SPECIAL AGENT MONROE: Okay. And does the 17 company physician, do they put -- you know, is this an 18 open-ended restriction for as long as the individual 19 is on the medication, or wouldf come back to be 20 reevaluated?
21             SPECIAL AGENT MONROE:                 And I will just 22 read it in. "As per your request, the above-mentioned 23 employee has been evaluated today in                   the nuclear 24 medicine department.       As a result of that evaluation, 25 it has been revealed that
How does that work?21 No, once the employee is on 22 a medication, and it is different for licensed 23 operators and armed guards. So we are not talking 24 about them.25 SPECIAL AGENT MONROE: Okay. Sure.CUNEAL R. GROSS Rf A COURT REPORTERS AND TRANSCRIBER )S 1323 RHODE ISLAND AVE.. N.W. I 16 1 , Normally when an employee 2 is on a medication, they do not have to keep notifying 3 us. for this type of thing. The employee's 4 responsibility is to notify supervisor that''-is 5 on this medication.
* is   taking medication in NEAL R.GROSS                   n7C1 COURT REPORTERS AND TRANSCRI3ERS 1323 RHODE ISLAND AVE., N.W.
This is separate from a fitness 6 for duty issue.7 SPECIAL AGENT MONROE: Okay..8 That is a separate issue.9 SPECIAL AGENT MONROE: And how does it 10 differ from a fitness for duty if you don't mind 11 explaining?
 
12 What I am looking at for a 13 fitness for duty issue, the only notification we would 14 have is if the employee was called over for a random 15 test, at that time hle fills out a consent listing 16 whatever medications he has had within the past 30 17 days.18 SPECIAL AGENT MONROE: Okay.19 That is the only time that 20 medical is actually notified of a medication use.21 SPECIAL AGENT MONROE: .I see. Okay.22 It is nothing that -- each 23 employee does not have to tell medical every time they 24 are taking a medication; only when they are called for 25 fitness for duty. .NEAL R. GROSS 'COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE.. N.W.
15 1 the evening hours.",
17 1 SPECIAL AGENT MONROE: Okay.2 They notify their 3 supervisor and then the supervisor will question us if 4 they have any questions concerning that.5 SPECIAL AGENT MONROE: Okay. From August 6 26th, 2002 until this date, do you have any more e-7 mails or any more communication wit 8 Well, after that date, our 9 doctor requested further information from _10 physician, and we had sent a letter to s physician.
2             "This medication usually may produce the 3 side effects of sedation and drowsiness.                   The side 4 effects are noted and the employee is working in a 5 safety sensitive work position.                   You may wish to 6 reassigr (to       a non-safety sensitive position.               It 7 is recommended that the employee not perform call-out 8 while on the medication.             If you have any further 9 medication   questions,       please       contact     the   nuclear 10 medicine department."
11 Now, was evaluated by our-12 department, Dr. Binetti, when was on the 13 medication.
11             Did you receive any more questions from.
14 SPECIAL AGENT MONROE: All right.. I have 15 a letter to a Dr. Szeto, dated October 1st.16 That's _ octor, and 17 that letter was sent to;* doctor as you can see 18 requesting a diagnosis and treatment plan, and 19 medication prescribed, frequency of the medication 20 used prescribed, and an estimated duration of medicine 21 therapy.22 -SPECIAL AGENT MONROE: And did Dr. Szeto 23 respond back?24 We did not get a response 25 until February.NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
12                 after you sent                   this e-mail with 13 respect to how long the           restrictions would be         in 14 place?
18 1 SPECIAL AGENT MONROE: Okay.2 February 10th, 2003.3 SPECIAL AGENT MONROE: And what was the 4 response?5 The response was sent to 6 Dr. Solomon and it --7 MR. KEENAN: Did it contain medical 8 information that might be sensitive?
15                                   No, I don't believe so.
9 3 Yes.10 MR. KEENAN: So why don't we rephrase.11 SPECIAL AGENT MONROE: Yes. The specific 12 area that I am interested in is that fourth bullet 13 that was in your letter with respect to estimate 14 duration of medicine therapy. Did he address how long is5 __16 Yes, he did.17 SPECIAL AGENT MONROE: Okay. And how 18 long?19 Undetermined.
16             SPECIAL AGENT MONROE:             Okay. And does the 17 company physician, do they put         --   you know, is this an 18 open-ended restriction for as long as the individual 19 is on the medication, or wouldf                   come back to be 20 reevaluated?   How does that work?
20 SPECIAL AGENT MONROE: Undetermined.
21                                   No, once the employee is on 22 a medication,   and     it   is   different       for   licensed 23 operators and armed guards.             So we are not talking 24 about them.
21 Okay. All right. The first three gets into 'the 22 specific medical issues, and I don't need that, and so 23 it is just undetermined.
25             SPECIAL AGENT MONROE:               Okay. Sure.
Okay. What happens then 24 after this October -- or after your February 10th, 25 2003 response from Dr. Szeto?NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
CUNEAL Rf      R.AGROSS COURT REPORTERS AND TRANSCRIBER                   )S 1323 RHODE ISLAND AVE.. N.W.         I
19 1 rThere is nothing more that 2 medical would do with this. This is a normal side 3 effect with the medication, and it is not anything 4 that we would follow.5 SPECIAL AGENT MONROE: Okay. Now, I have 6 a February 13th, 2003 e-mail to Dr. Solomon frori_7 DD o you have that in your file?8 I have a January 29th, 9 2003.10 SPECIAL AGENT MONROE: Okay. What is that 11 one?12 No, I don't have anything 13 in February.14 SPECIAL AGENT MONROE:* What is your 15 January 2003 e-mail talk about?16 It is where has asked 17 if we had received the information fron doctor, 18 .and we hadn't. I 19 SPECIAL AGENT MONROE: Okay. And then 20 writes back February 13th, and-p has a handwritten 21 thing here. "I had a meeting with PSEG medical at 22 about this time, February 2003, and discussed a letter 23 that they receiVed from my physician, Dr. Szeto.24 David Braun was involved in these activities." I 25 thinkl is just putting some time frame on that.NEAL R. GROSS QC, COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE.. N.W.
 
20 1 Now, I have another one dated August 25th, 2 2003, and actually the original message was August 3 11th, 2003, and we talked about that earlier.4 ~ Right.<Jais just stating 5 that ^ is still taking this medication and thatl*6 will still have these side effects.7 SPECIAL AGENT MONROE: Okay. So N is 8 just tellin hat?9 Yes, that is the way that 10 this looks to me.11 SPECIAL AGENT MONROE: Okay.12 And there is nothing that 13 we would review. This is an employee who is taking a 14 medication.
16 1     ,                               Normally when an employee 2 is on a medication, they do not have to keep notifying 3 us. for   this   type     of     thing.           The employee's 4 responsibility is to notify               supervisor that''-is 5 on this medication.       This is separate from a fitness 6 for duty issue.
There is nothing that we would review 15 really.16 SPECIAL AGENT MONROE: Becaus cL s just 17 keepingx supervisor in the loop with respect to the 18 medication tha t is on.19 That's how I take it, and 20 s doing what s supposed to do. That is how it 21 looks to me.22 SPECIAL AGENT MONROE: Okay. So there is 23 no requirement fo to be reevaluated periodically 24 when is on this medicine?25 No, there was not.NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE JSLAND AVE., N.W.
7             SPECIAL AGENT MONROE:               Okay..
21 1 SPECIAL AGENT MONROE: Okay. Is there 2 anything else in your file which respect to more e-3 mail communications from either orTAW 4 2 5 To the best of my 6 knowledge, I have never received any contact, any e-7 mails from supervisor directly about the 8 medication.
8                                     That is a separate issue.
The only thing we have is from MCI 9 stating that supervisor needs to review this.'10 I don't know whether Dr. Solomon has. I 11 don't know.12 SPECIAL AGENT MONROE: And once is 13 off the medication, what is the process here? Is 14 supposed to inform his supervisor of that fact?15 -No.16 SPECIAL AGENT MONROE: So I don't know if 17 you are the best one to testify to this, but if Wis 18 on a medication that causes
9             SPECIAL AGENT MONROE:                 And how does it 10 differ from a fitness for duty if you don't mind 11 explaining?
* to be drowsy which 19 could impact his work -20 as the responsibility 21 to let supervisor know that is taking that 22 medication.
12                                   What I am looking at for a 13 fitness for duty issue, the only notification we would 14 have is if the employee was called over for a random 15 test, at that time hle fills out a consent listing 16 whatever medications he has had within the past 30 17 days.
23 SPECIAL AGENT MONROE: Okay. But N does 24 not have to le no when ois finished with it?25 Correct. It may be NEAL R. GROSS E to16 COURT REPORTERS AND TRANSCRIBERS l 1323 RHODE ISLAND AVE., N.W.
18               SPECIAL AGENT MONROE:               Okay.
22 1 ongoing. Depending on the medication, it could be a 2 short term medication, or it could be a long term 3 medication.
19                                   That is the only time that 20 medical is actually notified of a medication use.
4 SPECIAL AGENT MONROE: Without discussing 5 the name of the medication, would you know if this is 6 a long term or short term that he is on just by your 7 training?8 It depends on too many 9 variables.
21               SPECIAL AGENT MONROE:               .I see. Okay.
10 SPECIAL AGENT MONROE: Okay.11 Ilion___ It could go either way.12 SPECIAL AGENT MONROE: Okay. I don't have 13 any other questions.
22                                   It is nothing that --         each 23 employee does not have to tell medical every time they 24 are taking a medication; only when they are called for 25 fitness for duty.                 .
Is there something that you want 14 to put in or clarify? Let's go off the record for one 15 minute just to collect our thoughts.16 (Brief recess.)17 SPECIAL AGENT MONROE: It is 2:57 p.m, and 18 we just took a brief break to collect ourselves.
NEAL R. GROSS           '
And 19 I just wanted you to explain for the record what type 20 of information that you shared with me, and what you 21 did not disclose to me with respect to the file that 22 you have in front of me from for 23 What I had spoke to you 24 about was the specific restrictions based on the 25 medicine used or the side effects that you may notice NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE.. N.W..._ ... .__ .. .~~~~~~~...  
COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE.. N.W.
.... ___......_____
 
... .,_.____
17 1             SPECIAL AGENT MONROE:               Okay.
23 1 from a medicine that was being taken, and that the 2 employee had been evaluated by our doctors here in the 3 medical department.
2                                             They     notify   their 3 supervisor and then the supervisor will question us if 4 they have any questions concerning that.
4 SPECIAL AGENT MONROE: And you didn't 5 disclose to me any specific medication?
5             SPECIAL AGENT MONROE:               Okay. From August 6 26th, 2002 until this date, do you have any more e-7 mails or any more communication wit 8                                   Well, after that date, our 9 doctor   requested     further     information         from     _
6 No, that's correct.7 SPECIAL AGENT MONROE: And you didn't 8 disclose to me any doctor/patient information to me in 9 the file?10 That's correct.11 SPECIAL AGENT MONROE: We just discussed 12 e-mails that were in that file, several of which 13 had already provided to me that identified one 14 medication.
10 physician, and we had sent a letter to s                 physician.
And we did not discuss it on the record 15 or off the record?16 Correct.17 SPECIAL AGENT MONROE: And you didn't give 18 me full access to the file?19 Correct.20 SPECIAL AGENT MONROE: Is there anything 21 else that you would like to clarify for the record at 22 this point in time?23 No, nothing.24 SPECIAL AGENT MONROE: Did you provide 25 your information voluntarily?
11             Now,             was   evaluated by         our-12 department,   Dr. Binetti,       when             was   on   the 13 medication.
NEAL R. GROSS YINMS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
14             SPECIAL AGENT MONROE:               All right.. I have 15 a letter to a Dr. Szeto, dated October 1st.
24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 from the from the off the-oYes, I did.SPECIAL AGENT MONROE: Did I or anyone NRC threaten you for your testimony?
16                                   That's           _     octor, and 17 that letter was sent to;*             doctor as you can see 18 requesting   a   diagnosis       and     treatment       plan,   and 19 medication prescribed,       frequency of the medication 20 used prescribed, and an estimated duration of medicine 21 therapy.
No, you did not.SPECIAL AGENT MONROE: And did I or anyone NRC offer you any reward for your testimony?
22       -     SPECIAL AGENT MONROE:               And did Dr. Szeto 23 respond back?
No, you did not.SPECIAL AGENT MONROE: Okay. We will go record at 2:59 p.m. Thanks.(Whereupon, the Interview was concluded at 2:59 p.m.)q L )- NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
24                                   We did not get a response 25 until February.
CERTIFICATE This is to certify that the attached proceedings before the United States Nuclear Regulatory Commission in the matter of: Name of Proceeding:
NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
Interview of Docket Number: 1-2003-010S Location:
 
Artificial Island, NJ 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.Paul Intravia Official Transcriber Neal R. Gross & Co., Inc.NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.}}
18 1             SPECIAL AGENT MONROE:               Okay.
2                                     February 10th, 2003.
3             SPECIAL AGENT MONROE:                 And what was the 4 response?
5                                     The response was sent to 6 Dr. Solomon and it     --
7             MR. KEENAN:           Did     it     contain   medical 8 information that might be sensitive?
9                               3     Yes.
10               MR. KEENAN:         So why don't we rephrase.
11               SPECIAL AGENT MONROE:               Yes. The specific 12 area that I am interested in is that fourth bullet 13 that was   in your letter with respect to                   estimate 14 duration of medicine therapy.           Did he address how long is5     __
16                                    Yes, he did.
17               SPECIAL AGENT MONROE:                 Okay. And how 18 long?
19                                     Undetermined.
20               SPECIAL       AGENT   MONROE:           Undetermined.
21 Okay. All right.         The first       three gets into 'the 22 specific medical issues, and I don't need that, and so 23 it is just undetermined.           Okay.         What happens then 24 after this October       --   or after your February 10th, 25 2003 response from Dr. Szeto?
NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
 
19 1                                     rThere is nothing more that 2   medical would do with this.                 This is     a normal side 3   effect with the medication,               and it   is   not anything 4   that we would follow.
5                 SPECIAL AGENT MONROE:               Okay. Now, I have 6   a February 13th, 2003 e-mail to Dr. Solomon frori_
7            oDD you have that in your file?
8                                           I   have a January         29th, 9   2003.
10                 SPECIAL AGENT MONROE:             Okay. What is that 11   one?
12                                         No,   I don't have anything 13   in February.
14                 SPECIAL     AGENT       MONROE:*       What   is   your 15   January 2003 e-mail talk about?
16                                       It   is where           has asked 17   if we had received the information fron                       doctor, 18 . and we hadn't.                                         I 19                 SPECIAL AGENT MONROE:               Okay. And then 20   writes back February 13th,             and-p has a handwritten 21   thing here.     "I had a meeting with PSEG medical at 22   about this time, February 2003, and discussed a letter 23   that   they receiVed       from my physician,             Dr. Szeto.
24   David Braun was involved           in     these   activities."         I 25   thinkl     is just putting some time frame on that.
NEAL R. GROSS             QC, COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE.. N.W.
 
20 1             Now, I have another one dated August 25th, 2 2003, and actually the original message was August 3 11th, 2003, and we talked about that earlier.
4           ~                       Right.<Jais just stating 5 that ^ is still taking this medication and thatl*
6 will still have these side effects.
7             SPECIAL AGENT MONROE:                 Okay. So N is 8 just tellin                       hat?
9                                   Yes, that is the way that 10 this looks to me.
11             SPECIAL AGENT MONROE:               Okay.
12                                   And there is nothing that 13 we would review. This is an employee who is taking a 14 medication. There is nothing that we would review 15 really.
16             SPECIAL AGENT MONROE:               Becaus cL     s just 17 keepingx supervisor in the loop with respect to the 18 medication tha t       is on.
19                                   That's how I take it, and 20     s doing what         s supposed to do.           That is how it 21 looks to me.
22             SPECIAL AGENT MONROE:               Okay. So there is 23 no requirement fo           to be reevaluated periodically 24 when   is on this medicine?
25                                   No, there was not.
NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE JSLAND AVE., N.W.
 
21 1             SPECIAL AGENT MONROE:               Okay. Is there 2 anything else in your file which respect to more e-3 mail communications from either                             orTAW 4     2 5                                         To     the   best   of   my 6 knowledge, I have never received any contact, any e-7 mails   from           supervisor         directly       about   the 8 medication. The only thing we have is from MCI 9 stating that       supervisor needs to review this.'
10             I don't know whether Dr. Solomon has.                   I 11 don't know.
12             SPECIAL AGENT MONROE:               And once         is 13 off the medication, what is the process here?                 Is 14 supposed to inform his supervisor of that fact?
15                     -             No.
16             SPECIAL AGENT MONROE:             So I don't know if 17 you are the best one to testify to this, but if Wis 18 on a medication that causes
* to be drowsy which 19 could impact his work     -
20                                         as the responsibility 21 to let       supervisor know that                   is taking that 22 medication.
23             SPECIAL AGENT MONROE:             Okay. But N   does 24 not have to le         no   whenois finished with it?
25                                       Correct.         It may     be NEAL R. GROSS             E   to16 COURT REPORTERS AND TRANSCRIBERS       l 1323 RHODE ISLAND AVE., N.W.
 
22 1 ongoing. Depending on the medication, it could be a 2 short term medication,         or it could be a long term 3 medication.
4               SPECIAL AGENT MONROE:               Without discussing 5 the name of the medication, would you know if this is 6 a long term or short term that he is on just by your 7 training?
8                                         It depends on                 too many 9 variables.
10               SPECIAL AGENT MONROE:                     Okay.
11           Ilion___                 It   could go either way.
12               SPECIAL AGENT MONROE:               Okay.       I don't have 13 any other questions.         Is there something that you want 14 to put in or clarify?         Let's go off the record for one 15 minute just to collect our thoughts.
16               (Brief recess.)
17               SPECIAL AGENT MONROE:               It is 2:57 p.m, and 18 we just took a brief break to collect ourselves.                                     And 19 I just wanted you to explain for the record what type 20 of information that you shared with me, and what you 21 did not disclose to me with respect to the file that 22 you have in front of me from for 23                                       What I had spoke to you 24 about was   the   specific restrictions                   based on the 25 medicine used or the side effects that you may notice NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE.. N.W.               .... ___......_____
              .   . .   ..   . __  ..   .~~~~~~~...
 
23 1 from a medicine that was being taken,                 and that the 2 employee had been evaluated by our doctors here in the 3 medical department.
4             SPECIAL AGENT MONROE:                 And you didn't 5 disclose to me any specific medication?
6                                   No, that's correct.
7             SPECIAL AGENT MONROE:                 And you didn't 8 disclose to me any doctor/patient information to me in 9 the file?
10                                   That's correct.
11             SPECIAL AGENT MONROE:               We just discussed 12 e-mails that were in that file, several of which 13 had already   provided       to   me     that   identified one 14 medication. And we did not discuss it on the record 15 or off the record?
16                                   Correct.
17             SPECIAL AGENT MONROE:             And you didn't give 18 me full access to the file?
19                                   Correct.
20             SPECIAL AGENT MONROE:               Is there anything 21 else that you would like to clarify for the record at 22 this point in time?
23                                   No, nothing.
24             SPECIAL AGENT MONROE:               Did you provide 25 your information voluntarily?
NEAL R. GROSS                       YINMS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
 
24 1                   -   oYes,             I did.
2            SPECIAL AGENT MONROE:               Did I or anyone 3 from the NRC threaten you for your testimony?
4                                  No, you did not.
5            SPECIAL AGENT MONROE:           And did I or anyone 6 from the NRC offer you any reward for your testimony?
7                                  No, you did not.
8            SPECIAL AGENT MONROE:             Okay. We will go 9 off the record at 2:59 p.m.         Thanks.
10              (Whereupon, the Interview was concluded at 11  2:59 p.m.)
12 13 14 15 16 17 18 19 20 21 22 23 24 25 q L )- 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:           1-2003-010S Location:                 Artificial Island, NJ 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.
Paul Intravia Official Transcriber Neal R. Gross & Co., Inc.
NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.}}

Latest revision as of 19:15, 23 March 2020

Exhibit 6: Transcript of Interview Individual
ML052440467
Person / Time
Site: Salem, Hope Creek  PSEG icon.png
Issue date: 10/14/2003
From: Monroe K
NRC/OI/RGN-I/FO
To:
References
-RFPFR, 1-2003-010S, FOIA/PA-2004-0191
Download: ML052440467 (26)


Text

EXHIBIT 6 Information In this record was inaccordance with deleted Act, exemptions Nefreedom of Information FOIA- 3Ž)qt 'I 2L.

Case No. 1-2OO3¶-.S Iy Exhibit 6

1 1 UNITED STATED OF AMERICA 2 NUCLEAR REGULATORY COMMISSION 3

4 OFFICE OF INVESTIGATIONS 5 INTERVIEW 6 ___ ____ -x 7 IN THE MATTER OF:

8 INTERVIEW OF  : Docket No.

9  : 1-2003-OlOS 10 (CLOSED) 11 _ _ _ _ _ _ __ -x 12 Tuesday, October 14, 2003 13 14 Salem/Hope Creek Generating 15 Station 16 Processing Center 17 Artificial Island, New Jersey 18 19 The above-entitled interview was 20 conducted at 2:22 p.m.

21 BEFORE:

22 Special Agent Kristin Monroe, NRC/OI:RI 23 24 EXHIBIT ;_

25 V-0. 1-2D03;- l0 - F C PAGEL OJFI PAGE(S)

NEAL R. GROSS 9L teJJ s COURT REPORTERS AND TRANSCRIBERb I 1323 RHODE ISLAND AVE., N.W.

2 1 APPEARANCES:

2 On Behalf of the Witness:

3 JEFF KEENAN, ESQ.

4 Associate General Solicitor 5 PSEG 6

7 8

9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

3 1 P R O C E E D I N G S 2 (2:22 p.m.)

3 SPECIAL AGENT MONROE: All right. Today 4 is Tuesday, October 14th, 2003, and the time is now 5 2:22 p.m. My name is Kristin Monroe, and I am a 6 Special Agent with the NRC Office of Investigations, 7 in King of Prussia, Pennsylvania.

8 The interview this afternoon is with 9 who is employed by PSEG at Salem/Hope 10 Creek Generating Stations. Also present is Jeff 11 Keenan, who is an Associate General Solicitor for PSEG 12 here at Salem/Hope Creek.

13 And the subject of the interview this 14 afternoon concerns an allegation that the NRC received 15 tha is a senior engineer here at the 16 site, feels that as discriminated against for 17 raising safety concerns specifically about the TART 18 program.

19 It initially came to the NRC, I guess, in 20 December of 2002, and we had a case that we fully 21 investigated, and that was closed, and since W has 22 raised another issue, I am opening a supplemental to 23 address the specific issue.

24 And you are just a witness for the 25 interview this afternoon. Okay. would you NEAL R. GROSS JItioi COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

4 1 please state your full name and spell your last?

2 Okay.

3 4 / SPECIAL AGENT MONROE: All right. And 5 before we went on the record, I indicted that the 6 interview would be conducted under oath. Do you have 7 any objection to being interviewed under oath?

8 No, not at all.

9 (Whereupon, 10 sworn.)

11 SPECIAL AGENT MONROE: And it's okay if I 12 call you Debbie?

13 Yes, it is.

14 SPECIAL AGENT MONROE: Okay. How did you 15 happen to have Jeff represent you for the purposes of 16 this afternoon's interview?

17 I called him.

18 SPECIAL AGENT MONROE: Does your company 19 require you to have an attorney present when you are 20 interviewed by the NRC's Office of Investigations?

21 Not that I am aware of, no.

22 SPECIAL AGENT MONROE: And, Jeff, if you 23 could enter your appearance for the'record.

24 MR. KEENAN: Yes. My name is Jeff Keenan, 25 and I am counsel with PSEG Services, and today I am NEAL R.GROSS '1X W)il>To COURT REPORTERS AND TRANSCRIBERS l 1323 RHODE ISLAND AVE.; N.W.

ar n* *SI £'LIefnrrtg# trl~T n By~

^ J '7E4..

5 1 representing PSEG Nuclear and in a joint 2 capacity.

3 I have reviewed the information in the 4 file and I am not aware of any conflict at this time.

5 Should a conflict arise during the process of our 6 discussion, we will take a break and figure out how to 7 best handle that.

8 And in addition, before the interview, we 9 talked about the ability to look at the transcript, 10 and so we would reserve that right to look at the 11 transcript in the presence of the NRC.

12 SPECIAL AGENT MONROE: Right. Great.

13 Okay. And, you do understand that if you 14 chose to meet with me privately at your convenience 15 that you could do so?

16 MR. KEENAN: Yes.

17 SPECIAL AGENT MONROE: And will the 18 presence of Jeff hinder your testimony in any way 19 today?

20 MR. KEENAN: No.

21 SPECIAL AGENT MONROE: Okay. What is your 22 current position title?

23 I am a licensed practical 24 nurse, and I have been working with PSEG as a 25 disability nurse, and a nurse on site here. There is NEAL R.GROSS I 3 o COURT REPORTERS AND TRANSCR ERI 1323 RHODE ISLAND AVE., N.W.

I5 1 not really a title that goes with it.

2 SPECIAL AGENT MONROE: Okay.

3 I wear many hats.

4 SPECIAL AGENT MONROE: Okay. In the 5 medical department?

6 In the medical department.

7 SPECIAL AGENT MONROE: And how long have I

II 8 you been employed by PSEG?

t I

9 I have been here with PSEG

/

I 10 for over Wyears now, and subcontracted through 11 various pgencies.

SPECIAL AGENT MONROE: Okay. So are you 12 13 a ESEG employee?

14 No. I am not a :PSEG 15 employee, no.

16 SPECIAL AGENT MONROE: Okay.. Who are you 17 contracted by?

18 At this time, this curr ent agency is Adecco.

19 SPECIAL AGENT MONROE: And what is yc)ur 20 21 date and place of birth?

e. In ur SPECIAL AGENT MONROE: And what is yol 25 social security number?

NEAL R. GROSS COURT REPORTERS AND TRANSCR JERS /

1323 RHODE ISLAND AVE.,

N.W.

N.W..... __

7 1

2 SPECIAL AGENT MONROE: And what is your 3 current home mailing address?

_ _ _i 4

5 6 SPECIAL AGENT MONROE: Is that like named 7 after your familym 8 - Yes, it is.

9 SPECIAL AGENT MONROE: Really? Was it 10 like a farm area or something?

11 Yes, that's exactly what it 12 is. It is a farm.

13 SPECIAL AGENT MONROE: Okay. And what is 14 the zip code there?

is 16 SPECIAL AGENT MONROE: And I have heard of 17 that. Where i 18 It is 20 minutes south.

19 / SPECIAL AGENT MONROE: Okay. What is your 20 home telephone number?

21

-fIr-22 SPECIAL AGENT MONROE Okay.I And your 23 number here at Salem/Hope Creek?

24 25 SPECIAL AGENT MONROE: And who do you NEAL R. GROSS q5 COURT REPORTERS AND TRANSCRIBERF 1323 RHODE ISLAND AVE., N.W.

8 1 report to directly?

2 Dr. Ronald Mack.

3 SPECIAL AGENT MONROE: Okay. M-A-C-K?

4 Yes.

5 SPECIAL AGENT MONROE: Is he a PS]EG 6 employee or he is a subcontractor?

7 Yes, he is. He is the PS]EG 8 medical director.

9 SPECIAL AGENT MONROE: Okay. And just 10 briefly a description of your responsibilities here?

11 _ Oh, boy. To do medical 12 testing, prepare physical exams, and that includes 13 licensed operators, and the armed guards, the fire 14 personnel, and those who are respirator and heat 15 stress qualified.

16 To do drug and alcohol testing, and we .do 17 the access, the processing in of all new employees and 18 contractor employees, and we also do the respirator 19 fit exams for different locations at PSEG.

20 I have the disability process and 21 monitoring those employees on restrictions, permanent 22 and temporary. Following those cases. Immunizations 23 that are needed. *Just whatever is needed in the 24 medical field.

25 SPECIAL AGENT MONROE: Okay. Are you the NEAL R. GROSS t IOl5 COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE.. N.W.

9 1 only nurse that is here?

2 At this time, yes.

3 SPECIAL AGENT MONROE: Now , is 4 the individual that we are talking about. Do you know 5 L and would you kno by sight i

  • came into 6 the office here?

7 Probably not. They all 8 look alike.

9 SPECIAL AGENT MONROE: Okay. What got us 10 here was that back in the summer -- and I explained 11 this before we went on the record, but for purposes of 12 the transcript, is that back in the summer of 2002, 13 around August of 2002, aw and his supervisor, n 14 _were having a disagreement ove taking 15 a TARP assignment.

16 It is an extra duty along withfFsenior 17 engineer responsibilities, and *at one point on a 18 Friday afterno_ suggested that o 19 home on what characterized as a decision making 20 leave. It is a paid leave, and to make sure that you 21 understand the consequences of not accepting a job 22 assignment.

23 That was on a Friday. ntent was 24 to have ar eturn to work the following Monday, and 25 discuss the situation.. ended up taking an entire NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W. 0

10 1 week off, Monday through Friday of. that week in 2 August, because of hings over this 3 disagreement.

4 And whe( came to the NRC just back 5 again in September of this year, 0 sent a couple of 6 e-mails, which we looked at before we went on the 7 record, and that is how I got back to you. There was 8 one specifically that is dated August 26th, 2002, to 9 you.

10 And you had indicated that it wa 11 example was characterized as a return to work exam, 12 versus a fitness for duty kind of thing. So if you 13 could explain what a return to work exam is, and-how 14 one would have to have that in order to return to the 15 site.

16 - A return to work exam is 17 done when an employee has been off work ill, and he 18 has returned to work, or he has been off work ill for 19 less than 5 days.

20 It is broken up into two different 21 categories at this point. There is a policy for 22 employees who are out of work for over 5 days. Those 23 employees are in the disability program.

24 *Foremployees who are out of work ill for 25 less than 5 days, to return to work, they have a note NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE.. N.W.

11 1 from their family physician that they can return to 2 work with the following restrictions, whatever those 3 restrictions are.

4 The supervisor sends that employee to 5 medical for an evaluation and to -- regarding the 6 physical capabilities, and regarding those specific 7 restrictions, and if there is a return to work date on 8 the note, and whatever the diagnosis is.

9 And all of that and then the employee is 10 then evaluated. We see the employee, and we are back 11 in touch with the supervisor after we have spoken with 12 the employee. We do not give out any diagnosis.

13 But if there are restrictions they are listed.

14 SPECIAL AGENT MONROE: Okay.

15 We are very specific with 16 restrictions, and that is also included, how long 17 those restrictions will be in effect. Also, some of 18 the questions that you might ask of the employee is if 19 they are taking any medications.

20 SPECIAL AGENT MONROE: Now, you were 21 talking about the employee has to bring in a note.

22 Right..

23 SPECIAL AGENT MONROE: Would your file 24 have a note?

25 Well, another thing to look NEAL R. GROSS I. )JUlag>

COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE.. N.W.

12 1 at is when an employee is on a medication, the 2 employees are to report those medications to their 3 supervisors.

4 This is -- if the supervisor has a 5 question regarding the medications -- for instance, 6 they don't know what the medication is, or they are 7 concerned with side effects, they can call and they 8 do, call medical for help with this. That is done 9 frequently.

10 SPECIAL AGENT MONROE: Okay. Now, in the 11 case of does fIave a return to work letter?

12 Well, based on what my 13 notes are here, was sent over here from 14 supervisor. 6 resented to medical, and/r stated 15 that supervisor was requesting a evaluation to 16 clarify restrictions on medical use.

17 SPECIAL AGENT MONROE: Okay. What is the 18 date on that document that you are looking at?

19 This is August 22nd, 2002.

20 SPECIAL AGENT MONROE: August 22, 2002.

21 And that is from 22 SPECIAL-AGENT MONROE: No, this is -- the 23 request is from o 24 SPECIAL AGENT MONROE: Yes.

25 The request was given to us NEAL R. GROSS COURT REPORTERS AND TRANSCRIBER 1323 RHODE ISLAND AVE., N.W.

13 1 It was verbal. *was at the window and 2 ad staed that i supervisor sentlaver here 3 for this.

4 SPECIAL AGENT MONROE: Okay. I 5 understand.

6 In talking wit"A_, we 7 found out the medication that

  • was on, and the side 8 effects from that. Based on that, then W was seen 9 by our doctor here, Dr. Stewart Solomon, that same 10 day.

11 SPECIAL AGENT MONROE: Okay. Now, the 12 medications that t as on, did that place any kind of 13 restriction on could do as far as --

14 re are restrictions 15 regarding the medication that is on.

16 SPECIAL AGENT MONROE: Now, you are 17 looking at an e-mail?

18 Yes.

19 SPECIAL AGENT MONROE: Now, those 20 restrictions, were they placed or/m by 21 personal physician or by Dr. Solomon, who had 22 evaluated 23 The restrictions are, 24 because of'the side effects that you would see from 25 the medication.

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

14 I SPECIAL AGENT MONROE: Okay.

2 An e-mail was sent to 3 supervisor that on -- an e-mail was sent by myself, 4 and was seen by the doctor, and our doctor 5 requested further evaluation.

6 SPECIAL AGENT MONROE: And who would that 7 be done by, that further evaluation?

8 Dr. Solomon had requested 9 thatt^see another company doctor here, a Dr.

10 Binetti.

11 SPECIAL AGENT MONROE: Okay. And what was 12 the purpose of that further evaluation?

13 It was regarding the 14 medication use. An e-mail was sent to i 15 supervisor stating the side effects of the medication, 16 and based on those side effects, the restrictions that 17 hould be on, and things that

  • should not do.

18 SPECIAL AGENT MONROE: Okay. And you are 19 referring to the August 26th, 2002 e-mail?

20 Yes.

21 SPECIAL AGENT MONROE: And I will just 22 read it in. "As per your request, the above-mentioned 23 employee has been evaluated today in the nuclear 24 medicine department. As a result of that evaluation, 25 it has been revealed that

  • is taking medication in NEAL R.GROSS n7C1 COURT REPORTERS AND TRANSCRI3ERS 1323 RHODE ISLAND AVE., N.W.

15 1 the evening hours.",

2 "This medication usually may produce the 3 side effects of sedation and drowsiness. The side 4 effects are noted and the employee is working in a 5 safety sensitive work position. You may wish to 6 reassigr (to a non-safety sensitive position. It 7 is recommended that the employee not perform call-out 8 while on the medication. If you have any further 9 medication questions, please contact the nuclear 10 medicine department."

11 Did you receive any more questions from.

12 after you sent this e-mail with 13 respect to how long the restrictions would be in 14 place?

15 No, I don't believe so.

16 SPECIAL AGENT MONROE: Okay. And does the 17 company physician, do they put -- you know, is this an 18 open-ended restriction for as long as the individual 19 is on the medication, or wouldf come back to be 20 reevaluated? How does that work?

21 No, once the employee is on 22 a medication, and it is different for licensed 23 operators and armed guards. So we are not talking 24 about them.

25 SPECIAL AGENT MONROE: Okay. Sure.

CUNEAL Rf R.AGROSS COURT REPORTERS AND TRANSCRIBER )S 1323 RHODE ISLAND AVE.. N.W. I

16 1 , Normally when an employee 2 is on a medication, they do not have to keep notifying 3 us. for this type of thing. The employee's 4 responsibility is to notify supervisor that-is 5 on this medication. This is separate from a fitness 6 for duty issue.

7 SPECIAL AGENT MONROE: Okay..

8 That is a separate issue.

9 SPECIAL AGENT MONROE: And how does it 10 differ from a fitness for duty if you don't mind 11 explaining?

12 What I am looking at for a 13 fitness for duty issue, the only notification we would 14 have is if the employee was called over for a random 15 test, at that time hle fills out a consent listing 16 whatever medications he has had within the past 30 17 days.

18 SPECIAL AGENT MONROE: Okay.

19 That is the only time that 20 medical is actually notified of a medication use.

21 SPECIAL AGENT MONROE: .I see. Okay.

22 It is nothing that -- each 23 employee does not have to tell medical every time they 24 are taking a medication; only when they are called for 25 fitness for duty. .

NEAL R. GROSS '

COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE.. N.W.

17 1 SPECIAL AGENT MONROE: Okay.

2 They notify their 3 supervisor and then the supervisor will question us if 4 they have any questions concerning that.

5 SPECIAL AGENT MONROE: Okay. From August 6 26th, 2002 until this date, do you have any more e-7 mails or any more communication wit 8 Well, after that date, our 9 doctor requested further information from _

10 physician, and we had sent a letter to s physician.

11 Now, was evaluated by our-12 department, Dr. Binetti, when was on the 13 medication.

14 SPECIAL AGENT MONROE: All right.. I have 15 a letter to a Dr. Szeto, dated October 1st.

16 That's _ octor, and 17 that letter was sent to;* doctor as you can see 18 requesting a diagnosis and treatment plan, and 19 medication prescribed, frequency of the medication 20 used prescribed, and an estimated duration of medicine 21 therapy.

22 - SPECIAL AGENT MONROE: And did Dr. Szeto 23 respond back?

24 We did not get a response 25 until February.

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

18 1 SPECIAL AGENT MONROE: Okay.

2 February 10th, 2003.

3 SPECIAL AGENT MONROE: And what was the 4 response?

5 The response was sent to 6 Dr. Solomon and it --

7 MR. KEENAN: Did it contain medical 8 information that might be sensitive?

9 3 Yes.

10 MR. KEENAN: So why don't we rephrase.

11 SPECIAL AGENT MONROE: Yes. The specific 12 area that I am interested in is that fourth bullet 13 that was in your letter with respect to estimate 14 duration of medicine therapy. Did he address how long is5 __

16 Yes, he did.

17 SPECIAL AGENT MONROE: Okay. And how 18 long?

19 Undetermined.

20 SPECIAL AGENT MONROE: Undetermined.

21 Okay. All right. The first three gets into 'the 22 specific medical issues, and I don't need that, and so 23 it is just undetermined. Okay. What happens then 24 after this October -- or after your February 10th, 25 2003 response from Dr. Szeto?

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

19 1 rThere is nothing more that 2 medical would do with this. This is a normal side 3 effect with the medication, and it is not anything 4 that we would follow.

5 SPECIAL AGENT MONROE: Okay. Now, I have 6 a February 13th, 2003 e-mail to Dr. Solomon frori_

7 oDD you have that in your file?

8 I have a January 29th, 9 2003.

10 SPECIAL AGENT MONROE: Okay. What is that 11 one?

12 No, I don't have anything 13 in February.

14 SPECIAL AGENT MONROE:* What is your 15 January 2003 e-mail talk about?

16 It is where has asked 17 if we had received the information fron doctor, 18 . and we hadn't. I 19 SPECIAL AGENT MONROE: Okay. And then 20 writes back February 13th, and-p has a handwritten 21 thing here. "I had a meeting with PSEG medical at 22 about this time, February 2003, and discussed a letter 23 that they receiVed from my physician, Dr. Szeto.

24 David Braun was involved in these activities." I 25 thinkl is just putting some time frame on that.

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

20 1 Now, I have another one dated August 25th, 2 2003, and actually the original message was August 3 11th, 2003, and we talked about that earlier.

4 ~ Right.<Jais just stating 5 that ^ is still taking this medication and thatl*

6 will still have these side effects.

7 SPECIAL AGENT MONROE: Okay. So N is 8 just tellin hat?

9 Yes, that is the way that 10 this looks to me.

11 SPECIAL AGENT MONROE: Okay.

12 And there is nothing that 13 we would review. This is an employee who is taking a 14 medication. There is nothing that we would review 15 really.

16 SPECIAL AGENT MONROE: Becaus cL s just 17 keepingx supervisor in the loop with respect to the 18 medication tha t is on.

19 That's how I take it, and 20 s doing what s supposed to do. That is how it 21 looks to me.

22 SPECIAL AGENT MONROE: Okay. So there is 23 no requirement fo to be reevaluated periodically 24 when is on this medicine?

25 No, there was not.

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

21 1 SPECIAL AGENT MONROE: Okay. Is there 2 anything else in your file which respect to more e-3 mail communications from either orTAW 4 2 5 To the best of my 6 knowledge, I have never received any contact, any e-7 mails from supervisor directly about the 8 medication. The only thing we have is from MCI 9 stating that supervisor needs to review this.'

10 I don't know whether Dr. Solomon has. I 11 don't know.

12 SPECIAL AGENT MONROE: And once is 13 off the medication, what is the process here? Is 14 supposed to inform his supervisor of that fact?

15 - No.

16 SPECIAL AGENT MONROE: So I don't know if 17 you are the best one to testify to this, but if Wis 18 on a medication that causes

  • to be drowsy which 19 could impact his work -

20 as the responsibility 21 to let supervisor know that is taking that 22 medication.

23 SPECIAL AGENT MONROE: Okay. But N does 24 not have to le no whenois finished with it?

25 Correct. It may be NEAL R. GROSS E to16 COURT REPORTERS AND TRANSCRIBERS l 1323 RHODE ISLAND AVE., N.W.

22 1 ongoing. Depending on the medication, it could be a 2 short term medication, or it could be a long term 3 medication.

4 SPECIAL AGENT MONROE: Without discussing 5 the name of the medication, would you know if this is 6 a long term or short term that he is on just by your 7 training?

8 It depends on too many 9 variables.

10 SPECIAL AGENT MONROE: Okay.

11 Ilion___ It could go either way.

12 SPECIAL AGENT MONROE: Okay. I don't have 13 any other questions. Is there something that you want 14 to put in or clarify? Let's go off the record for one 15 minute just to collect our thoughts.

16 (Brief recess.)

17 SPECIAL AGENT MONROE: It is 2:57 p.m, and 18 we just took a brief break to collect ourselves. And 19 I just wanted you to explain for the record what type 20 of information that you shared with me, and what you 21 did not disclose to me with respect to the file that 22 you have in front of me from for 23 What I had spoke to you 24 about was the specific restrictions based on the 25 medicine used or the side effects that you may notice NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE.. N.W. .... ___......_____

. . _ . .. . __ .. .~~~~~~~...

23 1 from a medicine that was being taken, and that the 2 employee had been evaluated by our doctors here in the 3 medical department.

4 SPECIAL AGENT MONROE: And you didn't 5 disclose to me any specific medication?

6 No, that's correct.

7 SPECIAL AGENT MONROE: And you didn't 8 disclose to me any doctor/patient information to me in 9 the file?

10 That's correct.

11 SPECIAL AGENT MONROE: We just discussed 12 e-mails that were in that file, several of which 13 had already provided to me that identified one 14 medication. And we did not discuss it on the record 15 or off the record?

16 Correct.

17 SPECIAL AGENT MONROE: And you didn't give 18 me full access to the file?

19 Correct.

20 SPECIAL AGENT MONROE: Is there anything 21 else that you would like to clarify for the record at 22 this point in time?

23 No, nothing.

24 SPECIAL AGENT MONROE: Did you provide 25 your information voluntarily?

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

24 1 - oYes, I did.

2 SPECIAL AGENT MONROE: Did I or anyone 3 from the NRC threaten you for your testimony?

4 No, you did not.

5 SPECIAL AGENT MONROE: And did I or anyone 6 from the NRC offer you any reward for your testimony?

7 No, you did not.

8 SPECIAL AGENT MONROE: Okay. We will go 9 off the record at 2:59 p.m. Thanks.

10 (Whereupon, the Interview was concluded at 11 2:59 p.m.)

12 13 14 15 16 17 18 19 20 21 22 23 24 25 q L )- 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: 1-2003-010S Location: Artificial Island, NJ 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.

Paul Intravia Official Transcriber Neal R. Gross & Co., Inc.

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