ML062000339

Transcript of Individual

ML062000339
Person / Time
Site:	Salem, Hope Creek
Issue date:	05/19/2004
From:	NRC/OI
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FOIA/PA-2005-0194
Download: ML062000339 (50)

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I 1 UNITED STATES OF AMERICA 2 NUCLEAR REGULATORY COMMISSION 3 + + + + +4 OFFICE OF INVESTIGATIONS 5 INTERVIEW 6--------------------------------

X 7 IN THE MATTER OF: 8 INTERVIEW OF : Docket No.9 : (not provided)10 (CLOSED): 11 ------------------------------

x 12 Wednesday, May 19, 2004 13 Location: (Not provided)14 The above-entitled interview was conducted 15' at (time not provided).

16 BEFORE: 17 / Special Agent (Not provided).

18 19 20 21 22 23 .pas~-24 33 2 tnf *mation in this record was deleedW in; :cordance with the Freedom of Information Act exemptions C. AL R. GROSS FOIL "COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com N

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 PROCEEDINGS (Not provided)SPECIAL AGENT: -- Kim Harvey, CC Did I say that right?lpYes, .... IN SPECIAL AGENT: And\Yes.SPECIAL AGENT: Is that the email you're talking about?/ ... ... Yes.SPECIAL AGENT: Okay. Good. The version that I have down at the bottom in handwriting it says Ilease follow-up." Do you see that?Yes.SPECIAL AGENT: And what were you -- do you know what you were told to follow-up on?Well, my piece of this was the system related, SAP system related. I was responsible for having her change within SAP from service corporation over to the power or the nuclear corporation.

SPECIAL AGENT: What did that mean practically though?Within the system, changing NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 2344433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 1 dates as she is now a nuclear employee, Info Type 315, 2 and her reporting relationship on the PD side. The PA 3 and the PD side of SAP.4 SPECIAL AGENT: What's PA?5 : Personnel Administration.

6 SPECIAL AGENT: Okay.7 And the PD side is the 8 Personnel Development in reference to two different 9 systems I had access. The client consultant's role 10 was to prepare the PD side, to show who she reported 11 to and what company she was going to be getting paid 12 from.13 SPECIAL AGENT: All right. Now if you 14 look at the email for a minute, the third sentence 15 reads, and I'll read it for the record. "This will be 16 considered a "rotational assignment".

Do you know 17 what that meant back then in that time period? What 18 would that mean?19 )o My understanding of 20 rotational assignments -have been rotational 21 assignments that people would -- their title would 22 stay the same. Their salary would stay the same.23 SPECIAL AGENT: Right.24 And it would be -- a 25 rotational assignment is either a year, two year NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433 WASHINGTON, D.C. 20005-3701 viww.nealrgross.com 1 assignment, and then they would go back to either 2 where they came from or to another position.3 SPECIAL AGENT: Continuing on in that 4 sentence is reads, "With the understanding that there 5 are no guarantees beyond that." Try and put yourself 6 back in -- I know it's a while ago, back in October of 7 2001. Do you recall being present for any discussions 8 where that was discussed and what that actually meant 9 that there would be no guarantees beyond that? Do you 10 recall what was meant by that?11 ')No, I don't remember.

I know 12 I did not have any conversations with anyone in 13 reference to what that actually meant.14 SPECIAL AGENT: L any of 15 those people?16N 17 SPECIAL AGENT: How about Kim Harvey, in 18 other words, back then having discussions with her 19 about what that meant?20No 21 SPECIAL AGENT: All right. Next sentence 22 reads, "We will discuss her status towards the latter 23 part of 2002." Were you part of any discussions 24 surrounding that in the latter part of 2002?25No NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 1 SPECIAL AGENT: All right. The last 2 sentence, I guess I could ask you something about 3 that. It reads, "She will continue to have her 4 expenses paid for by your organization for 2002." 5 What type of expenses were they referring to there? Do 6 you know?7 : I know she was receiving some 8 type of expenses because she was reporting down here 9 on a temporary assignment.

10 SPECIAL AGENT: Right.ii 11 She was receiving expenses, 12 whether it be mileage, rent, I don't know exactly what 13 that was, but that -- she was receiving expenses.14 That's all I know.15 SPECIAL AGENT: Okay. That sentence 16 though, I mean, the decision is made where Kim is 17 going to be on nuclear business unit payroll for '02.18 She's going to be working down here.19 Yes.20 SPECIAL AGENT: Yet, the last sentence 21 indicates that she will continue to have expenses paid 22 for her for the year 2002. Was that an unusual 23 situation, that even though she was going to be 24 working down here full-time and transferred down to 25 here, she'd still be getting expenses paid? Is that NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.neargross.com 0 1 something that you considered unusual back then? It's 2 an opinion question, I guess.3 Okay.4 SPECIAL AGENT: Do you have an opinion on 5 whether that is unusual or not?6 Yes, I have an opinion, but 7 normally we do not -- if a person is assigned to a 8 location, we normally do not pay expenses.9 SPECIAL AGENT: Okay.10 .I mean, even for my own 11 situation, we are not nuclear folks. We're corporate 12 services assigned down here.13 SPECIAL AGENT: Right.14 And we do not receive 15 expenses.

So yes, it was unusual because she was 16 being assigned down here; however, still continuing to 17 receive these expenses that she was receiving while 18 she was on temporary assignment.

19 SPECIAL AGENT: Do you know why *she was 20 allowed to still receive those expenses for the year 21 2002?22 No, I don't know why.23 SPECIAL AGENT: All right. Okay. You can 24 put that aside.25 * :' Okay. I guess maybe I could NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 2344433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 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 ask you a question about what your job duties were back in October, 2001 time period. Can you go into that maybe a little bit? And where you have change from that point going forward.Okay. My job duties are basically, I'm a I get involved in litigation, EEOC complaints, IBEW grievances, Fourth Steps, arbitrations.

I also -- one of the positive sides of my job has always been salary planning.SPECIAL AGENT: I have a positive side of my job too.Everything else seems pretty negative.

So yes, that's our side of the house, the negative piece pretty much.SPECIAL AGENT: And would you have been doing that in03 i SPECIAL AGENT: Yes, and I continue today.SPECIAL AGENT: To today. Okay. All right.I should discharges too, but that's outside of -- that's normal. Our pieces are discharges, because it's always there's some NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com

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0 1 involvement in reference to disciplines, outcome of a 2 discipline could be a discharge.

3 SPECIAL AGENT: Okay. So you're involved 4 in the disciplinary actions that are taken against 5 nuclear business union employees?

6 Yes.7 SPECIAL AGENT: Up to and including 8 voluntary separations.

9 Yes.10 SPECIAL AGENT: Okay. All right. Switch 11 back to talking about Kim Harvey now a little bit.12 MOM Okay.13 SPECIAL AGENT: You said that you remember 14 seeing her at some point working down here. You're 15 not sure when that was. But then she was formally 16 transferred down to here working fo I guess in 17 very late 2001, but she'd be on the books for the 18 whole year 2002 down here as an employee.19 Correct.20 SPECIAL AGENT: Okay. At any point, did 21 you hear of concerns being raised regarding Kim 22 Harvey's -- the way she treated people down here, the 23 way she interacted with people? And I'm being really 24 general now, I'm asking about that, but at any point 25 did you start hearing concerns or complaints raised NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433 WASHINGTON.

D.C. 20005-3701 www.nealrgross.com 1 regarding those two areas surrounding Kim Harvey?2 I'm not sure of the time 3 frame, whether it was 2001, 2002. No one actually 4 came directly to me and voiced a concern. There 5 seemed to be a lot of, I don't know, rumors that she 6 was providing direction to some of our managers in 7 reference to their interactions and what they should 8 be doing better in helping the plants, in situations 9 within the plants, surrounding their management, their 10 communications, and how they can better assist the 11 plant managers, supervisors, superintendents, those 12 types of folks. But, I mean, I heard that basically 13 from ...14 SPECIAL AGENT: About that issue right 15 there?16 L') Yes.17 SPECIAL AGENT: And what was wrong with 18 that? I don't know. What was wrong with her -- if 19 she were doing that, what was viewed as being wrong in 20 her doing that?21 Just maybe the way it was 22 said to .........hat they had not been players 23 with the team, that Kim was trying to help them. But 24 in their eyes it was not going to be beneficial 25 because they thought they were already being players ..'NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com I U 1 on the team, and doing everything they could to assist 2 those managers.3 SPECIAL AGENT: Okay. So these are the 4 two people who are bringing this -- who you're hearing 5 this concern from, and it's regarding their 6 interactions with Kim?8 SPECIAL AGENT: And Kim thinking she's 9 trying to help them?10 MYes.11 SPECIAL AGENT: All right. Did you hear 12 any concerns or complaints raised about Kim doing 13 personal type of business at work, because I know she 14 came from like the consultant type of history, and she 15 had her own company. She'd written a book or two.16 Did you hear any complaints about her -- any kind of 17 inappropriate action where it was viewed that the 18 information she was giving out might be somehow 19 beneficial to her from a personal standpoint, personal 20 business standpoint, like integrity kind of issue?21 The only time -- oh, gosh.22 My dealings with Kim, I'm going to talk about theC MC 23 *rbitration.

In preparing for an arbitration in 24 March, I think we had a date of March 3 d, 4 , or 5 th, 25 sometime, as far as the preparation

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-.1.1 1 SPECIAL AGENT: What year?2 2003.3 SPECIAL AGENT: Okay.4 W I In preparations for those 5 arbitrations, we get together and-prepare, of course, 6 with our company attorneys and the departments.

And 7 a request had been made by the attorneys that I review 8 emails, and they had asked me to look at i_9 emails, as well as and they also asked 10 me to look at Kim Harvey's emails, because they had 11 gotten word that Kim had had discussions or emails 12 back *and forth with So at that time, I 13 did request IT to allow me to have access to her 14 emails, and I read through all of her emails. And I 15 could see through her emails that she had been 16 conducting personal business through her emails from 17 her company equipment.

18 SPECIAL AGENT: Like what, what kind of 19 personal business?20 -She was emails back and forth 21 on eBay.22 SPECIAL AGENT: Okay.23 Sending email messages to -24 gosh, I don't know what the proper term is, but her 25 friends and what have you on that form.NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.-(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com

.LZ 1 SPECIAL AGENT: Okay. That's fine.2 All right. And, of course, 3 she had also other emails to herself that she had 4 written about other people.5 SPECIAL AGENT: What you saw there, did 6 that rise to a level, where you felt it had to be 7 reported formally to someone here to be investigated 8 or reviewed?9 XI did forward all of the --10 I did have a copy of all the emails, and I notified 11 the inappropriate

--12 SPECIAL AGENT: Okay.13 And he then informed, I 14 believe, aswell as ,, 15 SPECIAL AGENT: Any more on that? I'll 16 have another question.17 Okay.18 SPECIAL AGENT: Do you know what was done 19 about that? What, if anything, was done?20 N 1 The timing of it was about 21 the same time that we were -- we had just been told to 22 prepare the separation package, and I don't know that 23 anything that was done with it.24 SPECIAL AGENT: Okay. Let me be a little 25 more specific.NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com

a. J.1 Okay.2 SPECIAL AGENT: From what I've learned in 3 talking to people is that Kim received some type of 4 counseling, verbal counseling, because she had given 5 a couple of her books out, and the appearance was that 6 she may have been soliciting business of some sort.7 Oh, I'm not aware of that.8 SPECIAL AGENT: All right.9 /.;ut she had given me prior to 10 -- she had also given me a copy of her little book.11 I don't even know what it's called, but at a meeting 12 that we had way back when she first came down here.13 SPECIAL AGENT: Are you aware of any 14 integrity investigations being done regarding Kim 15 Harvey down here?16 Not that I was aware of.17 SPECIAL AGENT: All right. Still talk 18 about the same theme here, concerns, complaints that 19 are brought to your attention regarding Kim Harvey's 20 activities, interactions, and I think you --21 Yes.22 SPECIAL AGENT: Were any such concerns or 23 complaints made that she was intimidating people down 24 here at the site? Throwing her weight around? I 25 mean, not that kind of weight, but like just making NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 1 people cry at meetings.

Did you hear anything about 2 those three things I just brought up, any concerns 3 raised in those areas?4 Again, there was a lot of 5 scuttlebutt going around, but no one specifically came 6 to me to complain.7 SPECIAL AGENT: What was the scuttlebutt 8 going around?9 Scuttlebutt was that she 10 would always get emotional at meetings no matter what 11 the subject was.12 SPECIAL AGENT: What do you mean by 13 emotional?

What was meant by that?14 motional, she would cry.15 She would become very upset, cry, and I believe the 16 union referred to her as Dr. Love.17 SPECIAL AGENT: Who from the union were 18 referred to that way?19 I heard that come out of 21 SPECIAL AGENT: In a positive sense or a 22 derogatory sense? Which way did you take it?23 )1 took it as derogatory.

24 SPECIAL AGENT: Okay.25 The one meeting I can NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com

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1 remember, it was a company union meeting. It was 2 operations.

We had the union there. The company was 3 there, and Kim arrives, and we had a lot of -- it 4 seems like problems, concerns over in Salem 5 operations, and we were trying to work through that, 6 and everybody

-- and for consistency had all the 7 management team and all of operations, all the union 8 folks together, and we were trying to get things 9 resolved.

And Kim would try to facilitate those 10 meetings, and to provide harmony and that type of 11 thing, where the union is -- you know, they're putting 12 their foot in the ground on this side, the company is 13 putting their foot in the ground over here in 14 reference to -well, this is what we think is right to 15 do, and Kim was just trying to get us all to work 16 better together.17 SPECIAL AGENT: That's not a bad thing 18 though, is it?19 =1 No. Of course it's not-a bad 20 thing, but --21 SPECIAL AGENT: But what?22 I: The company and the union --23 I mean, we get along. We have conversations.

We can 24 be confrontational, outbursts, but we normally walk 25 away from the table, we're done. We can still NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrross.com

+/-0 1 continue to talk, but there's no personal concerns in 2 reference to what's said or what have you.3 SPECIAL AGENT: Okay.4 I don't take anything 5 personal.

If I get a little loud and obnoxious with 6 on the other hand, he can get loud with 7 me in reference to a situation, and I don't take it 8 personally.

9 SPECIAL AGENT: Okay. How about concerns 10 or complaints made to you or brought to your attention 11 that Kim Harvey treated individuals badly? Anything 12 like that?13 ¢ot that I recall.14 SPECIAL AGENT: How about concerns raised 15 regarding expenses she was claiming?L 16 M I have --17 SPECIAL AGENT: Did that come to your 18 attention that there were such concerns raised about 19 that?20 I know I had a conversation 21 with Kim one time or another with reference to her 22 expenses.

I believe it was in, 'absence, because 23 she had already had previous discussions with, )24 around her expenses.

And he must have been out, and 25 she had called me, and I followed up wita7N, NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 1 And, of course, ent into a little bit more 2 detail than I wanted to know about what was going on.3 It was just --4 SPECIAL AGENT: Go ahead and tell me about 5 that. What do you mean by that?6 V Well, she apprized me at that 7 time that she was -- her expenses -- she was providing 8 expense reports for trips that did not have -- she may 9 have had the trip, but the expenses were not 10 outrageous, and what we would normally submit for 11 expenses, and the receipts -she was taking additional 12 trips and the company was paying for them. And I 13 asked t the time -I said, "Well, do you want 14 us to do an investigation, or what do you want us to 15 do?" And at that time she just said, "Well, just hang 16 on to the information.

Don't worry about it", not to 17 worry about it, but just she had it, and she -was going 18 to look into it.19 SPECIAL AGENT: She had it, meaning*W 20 has the information?

21 j\ That she knew it, right.22 SPECIAL AGENT: And said she was 23 going to look into it.24 Yes./25 SPECIAL AGENT: Okay. Do you remember NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE.. N.W.(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com

.L U 1 when that might have occurred, that conversation?

2 That had -- time frame. That 3 had to have been January/February of '03.4 SPECIAL AGENT: Okay. I talked about a 5 couple of general areas of whether or not concerns 6 were brought to your attention regarding Kim Harvey's 7 interactions with people down here and stuff like 8 that. Is there something that I didn't ask in that 9 area that you want to bring up now? Is there 10 anything?11 \,No, not that I'm aware of.kI1 12 SPECIAL AGENT: It's an open question.13Oky 14 SPECIAL AGENT: Just looking to see if 15 there's something that you have that I didn't ask you 16 about in that area. Is there?17 No 18 SPECIAL AGENT: If you think of something 19 bring it up. It's 2:54. I'm going to' take a short 20 break.21 (Off the record.)22 SPECIAL AGENT: Okay. It's about 3:00 in 23 the afternoon.

We're back on the record. I wonder if 24 you can comment on this a little bit,'I've seen 25 Kim Harvey's job description called a couple of NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 1 different things, cultural change manager. What was 2 her job title? Do you know?3 Within the SAP system her--!-4 title was OD Consultant.

5 SPECIAL AGENT: What does that mean?6 M Organizational Development 7 Consultant.

8 SPECIAL AGENT: Why would the term 9 consultant be attached to a permanent employee?

Did 10 that have any significance?

11 My title is*12 13 SPECIAL AGENT: Okay. So what does that 14 mean then, consultant?

15 1I consult with managers, 16 supervisors, superintendents in reference to HR 17 policies, procedures, and practices.

I'm not sure 18 what Kim's job description may have read, but it's a 19 title that we've used within PSE&G, consultant.

20 SPECIAL AGENT: Okay. Let's talk about 21 position elimination.

Okay. Kim's position being 22 eliminated.

When did you first learn that her 23 position may be eliminated, the key term is "may".24 Yes.25 SPECIAL AGENT: When would that have been?NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 4.4 1 That would have been -- I 2 don't have any records to reflect it. I have a 3 spreadsheet where I prepared payout documentation for 4 finance. IMleft me a voicemail in say late 5 January of '03 to prepare a separation package, and to 6 get that up to 7 SPECIAL AGENT: Package for whom?8 Kim Harvey.9 SPECIAL AGENT: Do you still have that 10 voicemail?

11No 12 SPECIAL AGENT: Is there any way to 13 retrieve it?14 I don't know.15 SPECIAL AGENT: Okay. So you get this 16 voicemail message you to prepare a 17 separation package for Kim Harvey. Okay. Did you 18 then begin preparing-.that package?19 )Right. Because I was also in 20 the process of preparing separation packages for the 21 Administrative Support Group, and they were going to 22 be released out of here or notified'in February that 23 their positions were eliminated.

Ah. ad wanted/24 me just to add her to that list.25 SPECIAL AGENT: Okay. Do you have that NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 1 list? Did you generate a list back then?2 , There was a list for the 3 finance group in reference to -- there's not a date on 4 that either, but what their payouts would have been.5 SPECIAL AGENT: I don't think I have any 6 of that information.

I asked last week if there was 7 a way that the IT group down here in nuclear could go 8 into your computer and find out when that was drafted.9 I know where I work that could be done. I don't know 10 how to do it, but I know there's people that know how 11 to do it.12 Ys 13 SPECIAL AGENT: Jeff, I'd ask if the 14 search of. -do you think you might still 15 maintain that document in your'computer?

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• In my computer, I'm sure I 17 still have it there.18 SPECIAL AGENT: Okay. Well, then there 19 should be a date on it in the computer.20 1 saved it, yes.21 SPECIAL AGENT: Okay.22 [")m:When it was created.23 SPECIAL AGENT: Yes.24 Okay.25 SPECIAL AGENT: And again, this is the NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 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 construction of that separation letter.SPECIAL AGENT: Do you think you have that in a Word file?t Is probably Excel, an Excel file. The actual separation agreement is in a Word file.SPECIAL AGENT: Okay.UNIDENTIFIED:

We'd be glad to supply that. And don't delete it or try to verify and ascertain the origination date.UNIDENTIFIED:

That's an important piece.Special AGENT: Yes, that is. That's what I'm looking for, the origination date -not only of that, but also of the separation letter, the 45-day letter and the separation agreement.

It's all in that same package, yes.SPECIAL AGENT: Okay.I know my draft had a February blank, 2003.SPECIAL AGENT: I'm going to show you that in a few minutes.NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com U -

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25okay.SPECIAL AGENT: So you get this voicemail from &W Right? What makes you remember getting that? I'm wondering why you remember getting that voicemail message. Tell me why you recall that.Whether it was a voicemail or just a face-to-face, ican you prepare a package for Kim Harvey fo review.SPECIAL AGENT: Okay.Because like I said, I was in the process of preparing these packages for that Administrative Support Group.SPECIAL AGENT: And was that one of your normal job functions to do that kind of work?! li , Yes. I supported ), NOW and he was looking at all of his positions, all of his positions that rolled up to him.We had Completed the Technology Integration Group earlier in 2002, and this was the second group, the Administrative Support Group, that their positions had been re-reviewed and we were getting ready to notify those folks.SPECIAL AGENT: How sure are you that * \communicated that to you either by voicemail or in person? How sure are you that that occurred in NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.corn 1 late January, '03?2 I'm 100 percent sure.3 SPECIAL AGENT: You are?4 Ys 5 SPECIAL AGENT: Okay. How can you be 100 6 percent sure? I want to --7 Because, I mean, he's the one 8 who is my supervisor.

He gives me direction and tells 9 me what to do.10 SPECIAL AGENT: Okay.11 :'And when it', when 12 you're asked to do a separation agreement, you 13 remember those types of --14 SPECIAL AGENT: Okay. All right. You 15 mentioned something about M people who were 16 also being separated, their -- something about that 17 getting reviewed and approved.

Was Kim's separation 18 also reviewed and approved by someone?19 'lot to my knowledge.

Like I 20 said, I was told just to put her on the list.21 SPECIAL AGENT:. Right.22 N And to provide the 23 information to as far as what a separation 24 agreement looked like, because they wanted her to have 25 the same date as the others, and the others were NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com

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1 notified on February 3 r". That's what's on their 2 letters.3 SPECIAL AGENT: But she wasn't notified on 4 February 3 rd.5 She was not notified, no.6 SPECIAL AGENT: Do you know why?7 ) No, I don't know why.8 SPECIAL AGENT: Now you mentioned 9 something now about those other positions, the 10 decision to. eliminate them was reviewed or approved.ii There is a change management 12 form that we ask the managers to put together, and 13 pretty much it's like a communications package 14 identifying to us what the positions are, who is doing 15 what, and who is going to be doing this type of work 1G if this person is going to be released or what.17 SPECIAL AGENT: Do you know if that was 18 done for Kim's position?19 (- That I don't know.20 SPECIAL AGENT: Do you know who would be 21 responsible for doing it, if it were done? Would it 22 have been -0 23. .. It would have been the 24 manager of the department, that's the process. Just 25 like 9_ ___ -had done for the TI group, or the --NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 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 SPECIAL AGENT: So who would that be for It would have been SPECIAL AGENT: Okay. So getting back to communicates this to you in late January '03. During that first discussion, did he tell you the basis for why he asked you to do that?Why it was being done?SPECIAL AGENT: At some point, did you learn why Kim's position had been eliminated?

No.SPECIAL AGENT: Did you ever ask anybody?: VOW o, because at the same time, that letter, that October 31st, '01 letter, I was asked to pull that.SPECIAL AGENT: By who?SPECIAL AGENT: Okay. When were you asked by-- to do that?I believe that was during the discussions around the expenses.

And again, that had to have been January/February

'03 time frame.SPECIAL AGENT: Okay. Your understanding

-.7'L/NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.WASHINGTON, D.C. 20005-3701 (202) 234-4433 www.neatrgross.com 1 was T asked you for that in relation to expenses 2 Kim was claiming, or had claimed?3 Yes.4 SPECIAL AGENT: Are you sure?5 Yes.6 SPECIAL AGENT: Okay. Get back, talk to 7 He gave you this -- he communicates this to 8 you, that this is what he would like you to do, to 9 begin preparing a separation package for Kim. Did you 10 then go ahead and do that?11 Yes.12 SPECIAL AGENT: Okay. Was it boilerplate 13 document, and you just plugged in her name on it?14 15 SPECIAL AGENT: Okay.16 some dates to make 17 it apply to the time frame.18 SPECIAL AGENT: Okay. And what time frame 19 are you looking at, or what time frame was being 20 looked at for that to actually occur?21 -The time frame was, like I 22 say, we have a copy of a draft where the date starts 23 off with February blank, 2003.24 SPECIAL AGENT: Is this the document 25 you're talking about? d NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 2 SPECIAL AGENT: For the record, what I'm 3 showing )is a -- has draft marked at the top, 4 February blank, 2003, to Ms. Kim Ritigliano.

It 5 begins reading, "As a result of organizational 6 changes, your position has been eliminated." Is that 7 the document that you're talking about?8 Ys 9 SPECIAL AGENT: Would you have drafted 10 that yourself?11 Yes.12 SPECIAL AGENT: Okay. That's one of the 13 documents I'd ask to have researched to see the 14 origination date of it, and I'm going to get that, I 15 guess.16Oky 17 SPECIAL AGENT: Arle you pointing to the 18 last page, or what are you pointing at?19 TI This last page, the 20 spreadsheet in reference to what she would be paid if 21 she were to leave the organization and sign a 22 separation agreement.

23 (Off the record.)24 SPECIAL AGENT: It says draft separation 25 package. Looking at this -- in that regard.NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 1 (Off the record.)2 SPECIAL AGENT: You said yes, it was a 3 little unusual. Can you tell me what was unusual?4 It was a little unusual 5 because she had been working -- she was notified in 6 February that her position was eliminated.

I was 7 aware of what(had communicated

--8 (Off the record.)9 SPECIAL AGENT: We switched over to Side 10 B, and you were looking at the last page of this draft 11 separation package. Looking at this last page, does 12 anything on there give an indication as to when it was 13 generated?

14 .No, I did not put a date.15 Apparently, I did not put a date on it.16 SPECIAL AGENT: Okay. That's all right.17 I don't know if there's any of the calculations that 18 would show when it was prepared.

I don' t know if they 19 mean anything in that regard. Do they?20 'No. I always pull -- it's a 21 Lotus Notes screen that has all the employee 22 information, their hourly rate, their years of service 23 to help me calculate this payment type of thing, so we 24 should have a copy of that, as well. This is my typed 25 up -- this was for m information around what the NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com

.ýU 1 spreadsheet

-what it really meant, and how I got 2 those figures.3 SPECIAL AGENT: All right. Okay. So 4 after you drafted this draft package, did you present 5 it to ) or What would have 6 happened next? Tell me what happened next.7 ( Okay. I drafted it up and 8 gave it to ) And I believe he took it up to 9 and it had a note on it, "Based on your 10 request, here's the" -- I don't know if he had 11 discussions with him or not, but this is our normal 12 package for any individuals that their positions had 13 been eliminated.

14 SPECIAL AGENT: Right. But you gave that 15 to(ýnd I'm going to show you this document here.16 It's a document dated -- on the top it has March 3 rd, 17 2003. Do you see that?18(#.1116WN Ys 19 SPECIAL AGENT: And it has the name Kim H.20 Ritigliano.

And it's an acknowledgement of receiving 21 a cover letter and separation agreement.

Do you see 22 that there?23 Yes.24 SPECIAL AGENT: The signature looks like 25 Kim Harvey's signature.

Does that look like it to NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com

.51 1 2 3 4 5 6 7 8 9 10 11 12 you?l SIYes.SPECIAL AGENT: Okay. And the date is 2/26/03. Would she have signed this in your presence?Yes.SPECIAL AGENT: Okay. And where did that occur, and how did that occur? Maybe you can go into that meeting with Kim, please.That meeting with Kim occurred over in the Processing Center, and --SPECIAL AGENT: Do you remember where?t was either Room 1 or Room 13 14 15 16 17 18 19 20 21 22 23 24 25 3.SPECIAL AGENT: Okay.Z t It's in the front of the Processing Center building.SPECIAL AGENT: How did you come to meet there? Did you call her and ask her to meet you there? How did that happen?) The morning that Kim was notified that her position was eliminated by* my discussions that morning wit he was going to have her -- after he informed her that her position was eliminated, she was to come down to my office. I waited an hour. I did not see her, so I called" NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 1 and p told me that Kim 2 had left almost a half hour, 45 minutes ago. And I 3 said well, she's not come down here, so I --4 SPECIAL AGENT: Here meaning to HR?5 Right.6 SPECIAL AGENT: Okay.7 Come to my office down here, 8 and so I either called Kim on the phone, or I beeped 9 her, or something or another, but I did get in touch 10 with Kim.11 SPECIAL AGENT: Okay.12 ... And she did not want to come 13 over to my office. She did not want me in her office, 14 and the Processing Center was, I guess, a mutually 15 agreed upon spot.16 SPECIAL AGENT: Did she say why she didn't 17 want to come over here?18 ) She was just uncomfortable 19 about coming down here.20 SPECIAL AGENT: Okay. All right. So you 21 meet in the Processing Center. Tell me what happens.22 1 met with her, and I went 23 over the separation agreement, and she also received 24 a copy of the severance, the separation allowance.

25 That's what that's called.NEAL R. GROSS /COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com

.D z 1 SPECIAL AGENT: Okay.2 Separation allowance, company 3 policy, separation allowance.

That's the one and a 4 half weeks for every year of service.5 SPECIAL AGENT: Who would have done that 6 calculation?

7 I did that calculation.

8 SPECIAL AGENT: Would that have been done, 9 when?10 It was done previous, but 11 it's not communicated to the individual, what the 12 payout would be at this meeting.13 SPECIAL AGENT: Jeff, I'd like to get the 14 origination date of that document too. I want to get 15 all that kind of stuff to show when it was done, 16 frankly.17 Okay.18 SPECIAL AGENT: Did you say you retained 19 that too in your computer?20 Yes, this is still there. I 21 mean, that should still be there.22 SPECIAL AGENT: Another Excel sheet?23 Yes.24 SPECIAL AGENT: Okay. If it does exist, 25 I'd like to have it. I guess I should put it down. (NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE.. N.W.(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.neafrgross.com 1 Do you need a couple of minutes?2 2' Yes.3 SPECIAL AGENT: Okay. You pointed to the 4 last page of the draft separation agreement document 5 that we looked at earlier. That's the document you're 6 talking about.7 Yes. The separation 8 allowance, that's the calculation.

I believe Kim, at 9 that time, had five years with PSE&G.10 SPECIAL AGENT: Okay.11 \But I did not inform her on 12 that meeting of February the 2 6 th what her money was 13 going to be.14 SPECIAL AGENT: Okay.15"he separation allowance is 16 one and a half weeks, and then if she signs a 17 confidentiality statement, then I go into the 18 separation agreement.

19 SPECIAL AGENT:- Did she sign the 20 confidentiality document at that meeting in the 21 Processing building?22 .\ Yes. That's this document M)23 here.24 SPECIAL AGENT: Okay. All right. Then 25 did you go into discussions with her surrounding NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 1 payments owed to her when she left?2 .Then I went into this 3 document, the separation agreement.

4 SPECIAL AGENT: Okay.5 Talked about each one of 6 these paragraphs, and that she -- if she wanted to, 7 she would sign the document, and for her signature 8 they would give her four weeks additional pay, as well 9 as three months of COBRA benefits, and three months of 10 outplacement services.11 SPECIAL AGENT: And did she sign that 12 document that day, the separation agreement?

13 .No. I had advised her not to 14 sign it today, that it needed to be reviewed.

She had 15 the option to review it with her attorney, financial 16 advisor, and her spouse before signing it. However, 17 if she was going to sign the document, I would need 18 this back in my office prior to April 1 6 th.19 SPECIAL AGENT: Okay. So she had plenty 20 of time to do that.21 Ys 22 SPECIAL AGENT: Can you explain to me why 23 this "Acknowledgement of Receipt of Cover Letter and 24 Separation Agreement" is signed and dated 2/26/03, yet 25 the typed date at the top is March 3, '03? Do you NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433 WASHINGTON.

D.C. 20005-3701 www.nealrgross.com

.j U 1 have an explanation for that?2-I remember I received another 3 voicemail fro to say get the package ready 4 for Kim. ( wants to initiate this package;5 however, even though we're going to meeting with her 6 today, we're going to still use the March 3"d date.7 I don't know what day of the week 2/26 was, but I 8 recall*saying that he had a one-on-one meeting 2 --9 that day with Kim, and that's when he was going to 10 give it to her.11 SPECIAL AGENT: Okay. At this meeting 12 with Kim in the Processing building when she signed 13 this document, at any point during that meeting did 14 she allege to you that her position had been 15 eliminated because she raised any type of safety 16 concerns at the plant? Did she make that allegation 17 during that meeting?18P No.19 SPECIAL AGENT: Okay. Let's go back to 20 talk about a discussion you had with 21 Did you meet wit before he told Kim Harvey that 22 he was going to eliminate her position?23 Ys 24 SPECIAL AGENT: Okay. And did that 25 meeting that you had with him occur on the same day NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com

.o 37 1 that he was going to tell Kim that her position was 2 eliminated?

3 (*9 )es.' 4 SPECIAL AGENT: How did you come to have 5 that meeting with 1 6 That voicemail I referred to 7 from (Thad asked me to prepare the 8 package and get it up to, prior to 8:00 or 9:00 9 time frame, something like that.10 SPECIAL AGENT: In the morning?11 / In the morning, because he 12 was planning to meet with Kim, whether it be 9:00 or 13 10:00, I was not sure, so I prepared the information, 14 took it all up there, and briefly sat with me and went 15 through the package. And we continued to talk in 16 reference to the next steps. I believe("*

provided 17 her with this letter.18 SPECIAL AGENT: The March 3 rd letter?19 The March 3 rd, letter. And 20 then she was to come down to my office, so then we 21 could get into the separation agreement and the 22 confidentiality statement.

23 SPECIAL AGENT:' Okay.24 That's why it was important 25 that I met with her, so I could go over this NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com v

1 additional piece.2 SPECIAL AGENT: Okay. During this 3 discussion with, --before he met -- I guess the th o 4 discussion, the meeting with was on the 2 6 th of 5 February, 2003..-r-6 Correct.7 SPECIAL AGENT: During the meeting, did 8 (l tell you why he had decided to eliminate Kim's 9 position?10 N o.ii SPECIAL AGENT: Did he say it was his 12 decision to eliminate the position?

Did he tell you 13 that during that meeting?14No 15 SPECIAL AGENT: Okay. All right. It's 16 3:24. We're going to take a short break.17 (Off the record.)18 SPECIAL AGENT: It's 3:25. We're back 19 after a break. Is there a personnel procedure which 20 is supposed to be followed when someone's position is 21 eliminated, certain steps that are supposed to be 22 followed per procedure?

I understand there's a 23 personnel processing procedure that exists.24 X Like an outprocessing 25 program. Is that --NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrross.com

% I w 1 SPECIAL AGENT: Well, let me -- it's been 2 alleged that personnel processing procedures were not 3 followed regarding Kim Harvey's elimination, her 4 position being eliminated.

Is that true? Do you know 5 if that's true or not?6 I don't know.7 SPECIAL AGENT: And maybe we could talk a 8 little bit about the personnel processing procedures, 9 what they are. Did you know what they are? I think 10 you would.11 Like I said before, anything 12 that I'm aware of is that change management process 13 that we had charged all the other managers to prepare, 14 but I don't know if that was done for Kim's position.15 SPECIAL AGENT: All right. Do you think 16 you followed all company procedures in processing what 17 you had to do regarding the elimination of Kim's 18 position?

In presenting her with that information, do 19 you think you followed all the procedures and policies 20 regarding that?21 Ys 22 SPECIAL AGENT: Okay. Could there have 23 been any you missed?24 Not that I'm aware of any. L 25 SPECIAL AGENT: All right. So you meet NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com IqU 1 with Kim on the 2 6 th of February, 2003. All right.2 She's told that day by 1)that her position 3 is being eliminated.

At some point, a decision was 4 made where her last day on the site would be 5 accelerated.

Right? I'm using that term -6 accelerated meaning moved up. According to you, the 7 March 3 rd, 2003 letter to Kim that she had 45 days 8 active on the table, up to April 16th, 2003. The 9 decision was made at some point where she wouldn't be 10 working here at the site on that date. She would be 11 gone sooner than that. When did you first learn that 12 that was going to occur?13 okay.14 SPECIAL AGENT: Her last date here is 15 March 2 8 th, 2003, just give you some reference.

16 Okay.17 SPECIAL AGENT: At some point, did you 18 learn that her last day on the site was going to be 19 moved up from the April 1 6 t" date?20 Yes.21 SPECIAL AGENT: Okay. Can you tell me 22 when you learned that?23 I learned that on or about 24 March 2 4 th.25 SPECIAL AGENT: What makes you think you NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 2344433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 1+/- L 1 learned that on that date?2 ) Because there was a telephone 3 conversation with Kim. advised her that 4 her last day was going to be on the 2 8th, and that I 5 would be conducting the exit interview.

6 SPECIAL AGENT: Were you present when 7 called Kim and told her that? Where you in 8 office or in presence when he placed 9 that call to Kim?10 I've seen an email notice or 11 a calendar notice where I was to be a part of that 12 meeting, but I don't remember that meeting, me being 13 there.14 SPECIAL AGENT: But you were given the 15 assignment

-- or I'll ask you, were you given the 16 assignment by o have the exit with Kim on 17 March 2 8 th?18 Yes.19 SPECIAL AGENT: Okay. All right. Did you 20 have that meeting with Kim on the 2 8 th?21 Yes.22 SPECIAL AGENT: All right. Okay. Step 23 back for just a minute. Kim signs the acknowledgement 24 on February 2 6 th, 2003. In between then and March 25 2 4 th, did you have opportunities to send Kim notices NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS

//'1323 RHODE ISLAND AVE., N.W.(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 1 of other jobs that were available to her?2 Yes.3 SPECIAL AGENT: Okay. I have one here I'm 4 going to show you. It's called HR General as a Client 5 Consultant.

Would this have been one of the positions 6 that you would have forwarded to Kim for her 7 consideration?

8 9 SPECIAL AGENT: Okay.10 This position was within our 11 own group, within the HR group. And it was also a 12 call. I also provided another list to Kim in 13 reference to the other open positions, approved open 14 positions within nuclear.15 SPECIAL AGENT: Was this HR General Client 16 Consultant an approved position?17 a Ys 18 SPECIAL AGENT: Okay. And why was -- at 19 the bottom it shows a date, 3/3/03. Do you see that?20 ýs 21 SPECIAL AGENT: Do you think you sent that 22 to her on or about that date?23 Yes.24 SPECIAL AGENT: Why was that position 25 forwarded to Kim for her consideration?

NEAL R. GROSS j COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 1 It was ad 2 just recently left our organization, and she used to 3 be a client consultant.

She was in a staffing source 4 or type of title, and it was decided at that time that 5 we needed another client consultant, to take on a 6 client consultant role, so I believýý ýrepared the 7 job description and had it approved up in Newark by 8 and it was an approved open position, so we 9 provided Kim the opportunity to see if she was 10 interested in it or not.11 SPECIAL AGENT: And others, was it 12 provided to others too, or was it just provided to 13 her?14 O It was just provided to Kim 15 because it had not yet -- we had not put it out on our 16 posting.17 SPECIAL AGENT: Why was it provided to 18 just Kim at that point?19 Based off of her credentials, 20 her education, HR -she previously had held an HR 21 position, if she wanted to --22 SPECIAL AGENT: Was that position 23 eventually filled by somebody?24 No.25 SPECIAL AGENT: Why not? Do you know why/NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.neafrgross.com 1 not?2 No, I don't know why not.3 SPECIAL AGENT: All right. And how did 4 you forward this to Kim Harvey?5 ) I'm not sure if it was hard 6 copy or if it was electronic.

7 SPECIAL AGENT: Okay. Let me ask you 8 this, did now you were forwarding that job 9 description to Kim Harvey? Do you know if he knew 10 that?11 I would think he would know 12 that since he was the -1 of our department.

13 SPECIAL AGENT: Okay. And did you have 14 any discussions with Kim surrounding her interest in 15 applying for this position?16 Yes.17 SPECIAL AGENT: Okay. Go ahead and share 18 those with me.19 She pretty much -- again I.20 don't know if it was voicemail or if it was live, that 21 she was not interested in the position.22 SPECIAL AGENT: Okay. When do you think 23 you heard from her that she was not interested in that 24 position?25 I would say within a week of NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 1 her receiving the information.

2 SPECIAL AGENT: Okay. Were there other 3 position descriptions on open jobs also forwarded to 4 Kim Harvey?5Y 6 SPECIAL AGENT: I have one here dated 7 March 13, '03. It's an email from you to Kim. Do you 8 see that?9 Yes.10 SPECIAL AGENT: Is that one of the other 11 positions that would have been forwarded to her?12 That's one of them, yes.13 SPECIAL AGENT: That one sounds like a 14 little different job than the earlier one. This would.15 have been a technical clerk position, a lot lower than 16 the position she had worked at under( ""2<.17 -:)Correct.

18 SPECIAL AGENT: Did Kim respond to you 19 regarding that job opening?20 I believe she did.21 SPECIAL AGENT: And do you recall --22 .She was not interested in 23 that position.24 SPECIAL AGENT: Are you aware of any other 25 open position announcements being forwarded to Kim NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 46 1 Harvey?2 es.3 SPECIAL AGENT: Okay. Do you remember how 4 many other ones? Would the training manager's job 5 have been one of them?6 i- I don't believe the training 7 manager job was one of them. That position at the 8 time was -- it was vacant but it wasn't -- they were 9 like putting it on hold. It was an open position but 10 they were not actively recruiting for the position.11 SPECIAL AGENT: For any of the positions 12 that were forwarded to Kim for her consideration, did 13 she apply for any of those?14 -Not that I recall.15 SPECIAL AGENT: How many other positions 16 do you think were forwarded to her for her 17 consideration during this time period? I only have 18 the two. I have this one and the HR consultant one.19 I haven't seen any others.20 .) I was going to say I believe 21 I forwarded to her probably on a weekly basis the open 22 positions that were approved.23 SPECIAL AGENT: Would they be forwarded to 24 everybody who was out of a job at that point? Would 25 they be forwarded to everyone?

(NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 47 2 SPECIAL AGENT: Okay.3 Well, let me think. I have 4 other folks that were out. Normal process is 5 positions had been eliminated, and notified, and 6 whether there's on-site or off-site, we would get the 7 approved open positions to them to look at. And that 8 they would have -- we would do everything we could to 9 get out noticing as possible, so then we could make a 10 call to the hiring manager to tell these individuals 11 that they were on a short time frame here, and that we 12 needed -- that they were going to interview their 13 interested

--14 SPECIAL AGENT: Okay. Let me ask you this 15 question.

For any of the positions that were 16 forwarded to Kim for her consideration, did you hear 17 any manager here at Salem Hope Creek comment that she 18 had no chance of being hired for any of those 19 particular positions?

20 Oh, no.21 SPECI AG NT: That they didn't want her 22 here for any particular reason.23No 24 SPECIAL AGENT: It's 3:30 and we're going 25 to take a short break.NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 48 1 (Off the record.)2 SPECIAL AGENT: Okay. It's 3:40 in the 3 afternoon.

And, Jeff, you brought something up.4 Exhibit 37 in the documents provided to my office -5 describe the positions that were forwarded to Kim by 6 the U.S. Mail by you' A*7 Ys 8 SPECIAL AGENT: After Kim would have left 9 the site here?10 Not necessarily from me, but 11 from my office.12 SPECIAL AGENT: Okay.13 .them 14 all off, and we sent them-through certified mail to 15 her home with a cover sheet on it.16 SPECIAL AGENT: Okay. How long would that 17 have occurred for? I mean, how long does your company 18 do that for people whose positions are eliminated?

19 f the individual is off-20 site, we would -- every week, we would provide a 21 package every week.22 SPECIAL AGENT: Okay. For how long though 23 would that continue?24 -Until the individual's last 25 date worked ad on the active payroll.NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com

% F w 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 49 SPECIAL AGENT: Okay. So Kim Harvey's last date worked and on the active payroll would have been April 1 6 h.Correct.SPECIAL AGENT: So after that date, you would not be mailing that information any more?That's correct.SPECIAL AGENT: Okay. For any of the mailings that you sent to Kim, did she call into you or your department inquiring further about any of those positions?

SPECIAL AGENT: Do you know if she applied for any of those positions that were forwarded to her by U.S. Mail?Not to my knowledge.

SPECIAL AGENT: All right. You know what, Jeff. I'm not going to finish before 4:00. I don't think IPhave a heck of a lot more to go over with you, but I'd rather just pick up tomorrow if we can. I don't want to start a line of questioning and then have to suspend it. I just don't think I'm going to finish before 4:00.~Okay SPECIAL AGENT: And I'd rather not -- I NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 50 1 don't have a lot more to do, but I would rather just 2 stop at this point and we'll continue tomorrow.4 SPECIAL AGENT: Is that all right?5 That's fine.6 SPECIAL AGENT: Okay. We can talk off the 7 record about that.8 400 Il ýOkay.9 SPECIAL AGENT: It's 3:42, and because 10 has to leave here at 4:00, I'm going to stop at 11 this point and we'll continue tomorrow, and we'll 12 finish tomorrow.13 okay-14 SPECIAL AGENT: Okay. All right. It's 15 3:42. This interview is going to be continued 16 tomorrow.17 (Off the record.)]18 19 20 21 22 23 24 25 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 2344433 WASHINGTON, D.C. 20005-3701 www.nealmrross.com v