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On Behalf of the interviewee, Other Individuals Involved in the Investioation and Southern California Edison Company: of (b)(7)(C)NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.WASHINGTON, D.C. 20005-3701 (202) 234-4433 www.nealrgross.com 3.1 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 I (b)(7)(C)
On Behalf of the interviewee, Other Individuals Involved in the Investioation and Southern California Edison Company: of (b)(7)(C)NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.WASHINGTON, D.C. 20005-3701 (202) 234-4433 www.nealrgross.com 3.1 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 I (b)(7)(C)
We're on the record. This is an interview of (b)(7)(Today's date is January 12, 2012. It is approximately 1:20 p.m.The location of this interview is in the meeting room in Building L-50 at the San Onofre Nuclear Generating Station in San Clemente, California.
We're on the record. This is an interview of (b)(7)(Today's date is January 12, 2012. It is approximately 1:20 p.m.The location of this interview is in the meeting room in Building L-50 at the San Onofre Nuclear Generating Station in San Clemente, California.
Present at this interview are F (b)(7)(C)This interview involves an allegation of discrimination against a] (b)(7)(C)  
Present at this interview are F (b)(7)(C)This interview involves an allegation of discrimination against a] (b)(7)(C)
[or reporting nuclear safety concerns to the NRC and it's reported under 01 Case No. 4-2011-059.(b)(7)(C) (b)(7)(C) epresenting you personally in regard to this investigation?(b)(7)(C) uYes, she is.(b)(7)(C)
[or reporting nuclear safety concerns to the NRC and it's reported under 01 Case No. 4-2011-059.(b)(7)(C) (b)(7)(C) epresenting you personally in regard to this investigation?(b)(7)(C) uYes, she is.(b)(7)(C)
Do you understand the purpose of her presence here today?S(b)(7)(C) you understand that (b)(7)(C) ilso represents the Company and other individuals?
Do you understand the purpose of her presence here today?S(b)(7)(C) you understand that (b)(7)(C) ilso represents the Company and other individuals?
Line 66: Line 66:
Were you involved in (b)(7)(C)21 the process in hiring 7 ,Cere at the plant?22 And just for clarification I understand 23 that he (b)(7)(C)
Were you involved in (b)(7)(C)21 the process in hiring 7 ,Cere at the plant?22 And just for clarification I understand 23 that he (b)(7)(C)
I He worked here for a 24 number of years. (b)(7)(C)25 (b)(7)(C)
I He worked here for a 24 number of years. (b)(7)(C)25 (b)(7)(C)
Were you part NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.neairgross.com 1 2 3 5 6 7 8 9 of the process to hire him whe (b)(7)(C)  
Were you part NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.neairgross.com 1 2 3 5 6 7 8 9 of the process to hire him whe (b)(7)(C)
: (( I wasn't on the hiring panel eing a direct report she probably would have posted me as to her progress, the selected candidate that she was intending to extend an offer. Those were some things, but directly I wasn't involved in that (b)(7)hiring process other than as (C) would report to me.I7Did you have any 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 perso]that time?nal interaction withI (b)(7)(C) cduring the time he was employed here?()7(The I(b)(7)(C)
: (( I wasn't on the hiring panel eing a direct report she probably would have posted me as to her progress, the selected candidate that she was intending to extend an offer. Those were some things, but directly I wasn't involved in that (b)(7)hiring process other than as (C) would report to me.I7Did you have any 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 perso]that time?nal interaction withI (b)(7)(C) cduring the time he was employed here?()7(The I(b)(7)(C)
I(b)(7)(C)
I(b)(7)(C)
Line 76: Line 76:
Would that happen 13 to be theI (b)(7)(C)14 (b)(7)(C)
Would that happen 13 to be theI (b)(7)(C)14 (b)(7)(C)
Yes.15 (b)(7)(C)
Yes.15 (b)(7)(C)
Okay. At about 16 what time was he assigned to this team?17 1j(b)(7)(C  
Okay. At about 16 what time was he assigned to this team?17 1j(b)(7)(C
: I would have to look at a 18 calendar to get really exact, but it seems that we had 19 -- So I would say it's about the (b)(7) time frame of 20 (b)(7)(C)21 (b)(7)(C)22 (bY7(C) .Yes. So( we're talking 23 about. (b)(7)(C) and that went on 24 through the ( So that group's efforts 25 terminated somewhere in the time frame as T NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202f 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com* ....
: I would have to look at a 18 calendar to get really exact, but it seems that we had 19 -- So I would say it's about the (b)(7) time frame of 20 (b)(7)(C)21 (b)(7)(C)22 (bY7(C) .Yes. So( we're talking 23 about. (b)(7)(C) and that went on 24 through the ( So that group's efforts 25 terminated somewhere in the time frame as T NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202f 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com* ....
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 recall.l (b)(7)(C)
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 recall.l (b)(7)(C)
Line 106: Line 106:
Ito your knowledge?
Ito your knowledge?
22 1 (b)(7)(C)
22 1 (b)(7)(C)
I I believe it was. I think 23 in his performance reviews. We have midyear 24 performance assessments and performance reviews.25 I had communicated this information back 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 (h)17)1 t o I C I I 2 look at th 3 review. B 4 discussed w 5 that.7 you rate it 8 discussion 9 on this l 10 I'm looking 11 say that he 12 say that hi 13 P1 adequate..15 don't know what was written. I'd have to at, what was written in his performance ut I'm fairly certain that that was all'ith him. He was given candid feedback on (b)7(C) kay. How would through, I mean, overall when you had this with (b)(7)(C)  
I I believe it was. I think 23 in his performance reviews. We have midyear 24 performance assessments and performance reviews.25 I had communicated this information back 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 (h)17)1 t o I C I I 2 look at th 3 review. B 4 discussed w 5 that.7 you rate it 8 discussion 9 on this l 10 I'm looking 11 say that he 12 say that hi 13 P1 adequate..15 don't know what was written. I'd have to at, what was written in his performance ut I'm fairly certain that that was all'ith him. He was given candid feedback on (b)7(C) kay. How would through, I mean, overall when you had this with (b)(7)(C)
:about his work performance (b)(7)(C)  
:about his work performance (b)(7)(C)  
-I mean did you --for a type of evaluation like. Did you was failing to meet expectations?
-I mean did you --for a type of evaluation like. Did you was failing to meet expectations?
Line 195: Line 195:
Okay.I (b)(7)(C)
Okay.I (b)(7)(C)
Off the record.(Whereupon, a short recess was taken.)(b)(7)(C)
Off the record.(Whereupon, a short recess was taken.)(b)(7)(C)
We're back on the record. The time is approximately 1:50 p.m.And do you recall the general time frame when you discussed aPwith)oncerning I Leadership in general has comments due on midyear assessments in the August to September time frame. So any discussions I would have had with (b(would have been in or about that period of time.(b)(7)(C)  
We're back on the record. The time is approximately 1:50 p.m.And do you recall the general time frame when you discussed aPwith)oncerning I Leadership in general has comments due on midyear assessments in the August to September time frame. So any discussions I would have had with (b(would have been in or about that period of time.(b)(7)(C)
[At the time, did you figure that a[ was a good idea in this case?( The site, as I recall, our site processes called for (b)(7)(C)if an employee was receiving a (bX7)(C)NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.neairgross.com v
[At the time, did you figure that a[ was a good idea in this case?( The site, as I recall, our site processes called for (b)(7)(C)if an employee was receiving a (bX7)(C)NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.neairgross.com v
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 28 rating for one of the two major ratings that we had.And I think that became mandatory to put aI (b)(7)((b)(7)(C)
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 28 rating for one of the two major ratings that we had.And I think that became mandatory to put aI (b)(7)((b)(7)(C)
Line 246: Line 246:
He denies telling (b)(7)(c) that (b)(7)(C) was badmouthing him.I (b)(7)(C)
He denies telling (b)(7)(c) that (b)(7)(C) was badmouthing him.I (b)(7)(C)
It doesn't sound like something NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE.. N.W.WASHINGTON, D.C. 20005-3701 (202) 234-4433 www.nealrgross.comn 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 33 (b)(7)(C)
It doesn't sound like something NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE.. N.W.WASHINGTON, D.C. 20005-3701 (202) 234-4433 www.nealrgross.comn 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 33 (b)(7)(C)
When was the first time that termination was ever discussed between you and (b)(7)(C)  
When was the first time that termination was ever discussed between you and (b)(7)(C)
[concernin (b)(7)(C)()7(I suppose it was an underlying eventuality for any employee's performance that doesn't turn around. But I would imagine that it wasn't before we started having conversations about midyear performance and just seeing the things in spite of continued coaching through the year and opportunities to change that performance by midyear I would imagine we were starting to have that discussion.
[concernin (b)(7)(C)()7(I suppose it was an underlying eventuality for any employee's performance that doesn't turn around. But I would imagine that it wasn't before we started having conversations about midyear performance and just seeing the things in spite of continued coaching through the year and opportunities to change that performance by midyear I would imagine we were starting to have that discussion.
So that would be in thisI (b)(7)(C)time frame that we just talked about when she is putting her comments in his midyear review.(b)(7)(C)  
So that would be in thisI (b)(7)(C)time frame that we just talked about when she is putting her comments in his midyear review.(b)(7)(C)
[Who initiated the efforts to terminatel (b)(7)(C)
[Who initiated the efforts to terminatel (b)(7)(C)
Was it b()C Was it you? Or was it someone else?(b)(7)(C) ame to me with a recommendation that she laid out her findings, laid out her thinking and so forth and discussion that she had been having with HR. But it was her recommendation that we terminate (b)(7)(C)
Was it b()C Was it you? Or was it someone else?(b)(7)(C) ame to me with a recommendation that she laid out her findings, laid out her thinking and so forth and discussion that she had been having with HR. But it was her recommendation that we terminate (b)(7)(C)

Revision as of 04:10, 29 April 2019

Exhibit 23 to ROI, Case No. 4-2011-059 - Transcript of Interview
ML12320A421
Person / Time
Site: San Onofre Southern California Edison icon.png
Issue date: 01/12/2012
From:
NRC/OI/RGN-III/FO
To:
References
4-2011-059, FOIA/PA-2012-0238
Download: ML12320A421 (44)


Text

EXHIBIT 23 Case No. 4-2011-059 EXHIBIT 23 I 1 2 3 4 5 6 7 8 9 20 12 13 14 15 16 17 18 19 20 21 22 23 24 25 S420 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION OFFICE OF INVESTIGATIONS INTERVIEW-------x IN THE MATTER OF: INTERVIEW OF (b)(7)(C)(CLOSED)-------x Thursday, January 1ýMeeting Room, L-50 E San Onofre Nuclear C 5000 Pacific Coast I near San Clemente, C The above-entitled ir at 1:20 p.m.01 Case No.4-2011-059 2, 2012 9uilding 3enerating Station ighway alifornia iterview was conducted (b)(7)(C)1 -059.4 ; 64-1 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBEF 1323 RHODE ISLAND AVE., N.W.WASHINGTON, D.C. 20005-3701 EXHIBIT_,__

PAGELOF %, PAG Is www.nealrgross.com l (202) 234-4433 2 1 2 3 4 5 6 7 8 9 2.0 211 12 13 14 15 16 17 18 1.9 20 21 22 23 24 25 APPEARANCES:

On Behalf of the interviewee, Other Individuals Involved in the Investioation and Southern California Edison Company: of (b)(7)(C)NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.WASHINGTON, D.C. 20005-3701 (202) 234-4433 www.nealrgross.com 3.1 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 I (b)(7)(C)

We're on the record. This is an interview of (b)(7)(Today's date is January 12, 2012. It is approximately 1:20 p.m.The location of this interview is in the meeting room in Building L-50 at the San Onofre Nuclear Generating Station in San Clemente, California.

Present at this interview are F (b)(7)(C)This interview involves an allegation of discrimination against a] (b)(7)(C)

[or reporting nuclear safety concerns to the NRC and it's reported under 01 Case No. 4-2011-059.(b)(7)(C) (b)(7)(C) epresenting you personally in regard to this investigation?(b)(7)(C) uYes, she is.(b)(7)(C)

Do you understand the purpose of her presence here today?S(b)(7)(C) you understand that (b)(7)(C) ilso represents the Company and other individuals?

IIIC) Yes, I do understand 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 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 4 (b)(7)(C)

Does your employer -- now I understand that you're((C)-

But does SCE require you to have an attorney present when you are being interviewed by the NRC Office of Investigations?(b)(7)(¢)

oNO they do not.(b)(7)(C)

I Were you in any way threatened with any type of adverse action from SCE if you did not request corporate counsel?I (b)(7)(C)

No, I didn't. No.I (b)(7)(C)

-Do you feel that you would suffer any adverse consequences from SCE if you would have elected not to have personal representation here?(b)(7)(C)

No.(b)(7)(C)

Would your testimony in this matter be in any way inhibited by the attorney's presence?((CZ No, it would not.(b)(7)(C)Do you understand that you have a right to a private interview with me at your convenience?(b)(7)(C)

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

With that understanding, do you still wan t (bI)()( resent NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS Q323 RHODE ISLAND AVE., N.W.(202) 234.4433 WASHINGTON, D.C. 20005.3701 www.nealrgross.com 5 i 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 29 20 21 22 23 24 25 for the interview?(b)(7)(C)

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

IThank you.(b)(7)(C) for the record, would you please your full name, your firm and the scope of your representation please?(b)(7)(C)

II'm with the Southern California Edison Company Law Department.

And I'm here representingi (b)(7)(C) ind the Company and other witnesses in this matter.(b)(7)(C)

Do you anticipate a conflict of interest with respect to your representation of (b)(7)(C) as an individual and your concurrent representation of Southern California Edison?(b)(7)(C)

INo, I do not.(b)(7)(C)

In the event that a conflict was to arise during the course of this interview, what action would you take?I -(b)(7)() Ii would informl (b)(7)(C)that I could no longer represent him, that I would continue to represent the Company and others. I would also inform him that he had the choice of continuing with this interview without representation or he could ask for a postponement so he could get a NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 6 1 2 3 4 5 6 7 8 9 10 1")representa tive of his own choosing.(b)(7)(C)

J Thank you.(b)(7)(C) the NRC 0I protocol includes a swearing in of witnesses.

Do you have any objection to being sworn in?(b)(7)(C)

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

Can you raise your right hand, please? Do you swear that the information you're about to give is the truth, the whole truth and nothing but the truth so help you God?I (b)(7)(C)

I Yes, I do.13 14 15 16 17 18 19 20 21 22 23 24 25 (b)(7)(C)

_Thank you, sir.Can you give for the record your full name?(b)(7)(C) 11 (b)(7)(C)(b)(7)(C)

I. And what's your current -- Or you're currentl (b)(7)(C)I Correct?F _(b)(7)(C) 110 That is correct.(b)(7)(C)

What was your former position when you (b)(7)(C)

I here at SONGS?*(b)(7)(C)

At the point that I b)(7)(C)from San Onofre, I was the (b)(7)(C)I(b)(7)(C)

And who were you employed by at the time?(b)(7)(C)

I was an employee of Southern California Edison.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 I!12 13 14 15 16 17 18 19 20 21 22 23 24 25 I%r (b)(7)(C)7 I How long were you the And how long did you work here at SONGS in total?S (b)(7)(C)

I worked for Southern California Edison forL (b)(7)(C) years. Most of that time was at the station. I can amplify on that if you want.(b)(7)(C) lNo, I don't think that's necessary.

But before you came here to SONGS did you have any other nuclear experience?(b)(7)(C7) 11 also worked forF (b)(7)(C)(b)(7)(C)

__ at the F (b)(7)(C)(b)(7)(C)b (b)()(C)How long were you working over there?(D)(7)(C)

I worked for (b)(7)(C)(b)(7)(C) or about I(b)(7)(C)

Okay. Do you have any military experience?(D)(7)(C) 1No, I do not.(b)(7)(C)

Can you give me a brief description of your position as a (b)(7)(C)NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 8 1 1 (b)(7)(C)2 (b)(7)(C)

I had approximatel] (b)(7)(C)3 4 5 6 (b)(7)(C)7 S 9-10 (b)(7)(C)

Now you had a 11 number of (b)(7)(C) leporting to you. Correct?12 (b)(7)(C)

That's correct.13 (b)(7)(C)

Wasi Ine7(C 14 of those individuals?

15 (b)(7)( Yes, ýI was a direct 16 report.17 (b)(7)(C) Before we 18 went on the record, I was telling you about the focus 19 of my investigation and how it involved the 20 allegations raised by (b)(7)(C)

Were you involved in (b)(7)(C)21 the process in hiring 7 ,Cere at the plant?22 And just for clarification I understand 23 that he (b)(7)(C)

I He worked here for a 24 number of years. (b)(7)(C)25 (b)(7)(C)

Were you part NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.neairgross.com 1 2 3 5 6 7 8 9 of the process to hire him whe (b)(7)(C)

(( I wasn't on the hiring panel eing a direct report she probably would have posted me as to her progress, the selected candidate that she was intending to extend an offer. Those were some things, but directly I wasn't involved in that (b)(7)hiring process other than as (C) would report to me.I7Did you have any 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 perso]that time?nal interaction withI (b)(7)(C) cduring the time he was employed here?()7(The I(b)(7)(C)

I(b)(7)(C)

The IYes, I did.F _ (b)(7)(C)

= And what was the extent of it? Did you casually come across him in your work here at the plant? Or did he come to you personally with any issues? What type of interactions did you personally have with him?(b)(7)(c)

So he was a direct report to I So he was just a couple levels down. Frequently at the station I would have regular interaction with people at that level. I did so witlb 7)(C s well.In addition, there was a special assignment thatiI(7)c) was asked to take on and I was NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 10 1(b)(7)(C) the overall I guess I call it kind of a 2 ((C for that group. There was a lead manager that 3 was driving a special effort. It was to get prepared 4 for ~ (b)(7)(C)5 And so he was asked to be on that team and 6 be a part of that. Since I was kind oI (b)(7)(C)

Ihat 7 team I would frequently meet with the team and get 8 briefed and go through the discovery process. So I 9 saw probably a lot more o 3ED n that setting than 10 i normally would have in his regular set of 11 responsibilities.

12 F (b)(7)(C)

Would that happen 13 to be theI (b)(7)(C)14 (b)(7)(C)

Yes.15 (b)(7)(C)

Okay. At about 16 what time was he assigned to this team?17 1j(b)(7)(C

I would have to look at a 18 calendar to get really exact, but it seems that we had 19 -- So I would say it's about the (b)(7) time frame of 20 (b)(7)(C)21 (b)(7)(C)22 (bY7(C) .Yes. So( we're talking 23 about. (b)(7)(C) and that went on 24 through the ( So that group's efforts 25 terminated somewhere in the time frame as T NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202f 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com* ....

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 recall.l (b)(7)(C)

Just for background information, why i (b)(7)(C) hosen to work on this team?I (b)(7)(C)

We were at an (b)(7)(C)(b)(7)(C) offsite and we were talking about the key issues that were facing the station and who were some of the key personnel that we had, capable personnel that we had, thinking down through the organization several levels. We weren't just thinking about our direct reports. We were trying to broaden the scope of key players we could throw at some of our big assignments coming up.Ib7l iame came up in the course of that discussion.

And it was agreed to ask him to serve on zhat group.I;(b)(7)(C)Was he recommended byi (b)(7)(C) -o you recall?J)as not a part of those discussions.

This would have been (b)(7)(b)(7)(C) our course.So, no, (b)(7)(C) id not make this recommendation.(b)(7)(C) lWas (b)(7)(C)

Ihat well thought of that he was chosen to be on this team or?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 I 0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 L12 IIC) He had some favorable impressions among the (b)(7)(C)

I would say that over the course of his involvement with this project that pretty soundly changed everybody's opinions.

But going in there were high expectations, high regard. In the course of that project, I would say that people's opinions changed noticeably at the senior level.I (b)(7)(C)

Okay. Can you elaborate on that? Exactly what did 7 (b)(C) I do or what did he fail to do that led people to change their opinions about him?I (b)(7)(C)

I think we were looking --For the station, this is one of the key challenges we had was to address thisI (b)(7)(C)(b)(7)(C)

We wanted to put our absolute best foot forward, put our best people, aggressive people, that were well thought of, intelligent, hard-working, to pull together the materials that were necessary so that we could hopefully knock out this inspection the first time around and not have it go on and on, (c) seemed to do exactly what he was told or asked to do and nothing more. So he didn't show the kind of initiative, drive., aggressiveness that he 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

1 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17_18 19 20 21 22 23 24 25 13 was perceived to have. He just didn't show any of those real capabilities.

He was a good soldier. He did exactly what he was told to do, but he didn't think any passed that. He didn't develop those ideas.He just really didn't add much to the equation.

So he was a good worker, but we were looking for a lot more than that from the people we put on that team.(b)(7)(C)

How did he rate in relation to the other employees on this team?IHe was below average I would say because most of the people we put on this team were really capable, driven, understood the magnitude of what was being asked of them. And they really stepped up and really did a stellar job. So I would say he was below average compared to the group he was with.(b)(7)(C)

Were you managing this effort or was it someone else?IThere was a team lead that was really driving all the day-to-day assignments and working through all of this. So the team lead )(I (b)(7)(C)

I. I was kind of -- I (b)(7)(C)

I earlier. I think a (b)(7)(C)F Ib(7(C Okay. Who was the team lead? 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 v

14 1 (b)(7)(C)

I believe it wa sbI(2 (phonetic).(b)(7)(C)3 ( Okay.L. (b)(7)(C)

He was an (b)(7)(C)6 (b)(7)(C) -Did you ever hear 7 any complaints fro (b)(?)(C) bou (b)7()8 (b)(7)(C)

I went directly to( and 9 just asked him about all team members. How are we 10 doing? Who is really performing?

You know, who is 11 not? Do we have the right people in the room? Just 12 trying to make sure he was properly resourced to be 13 able to carry out what he was asked to do.14 And that discussion about ()7 mean he 15 gave some pretty direct feedback about he's okay. He 16 does what he's asked to do. But there's nothing 17 extra. There's no initiative or drive or imagination.

18 I mean he just doesn't seem to be really getting it 19 his full skill set. He's just showing up.20 1 (b)(7)(C)

I Was this ever 21 communicated back tol (b)(7)(C)

Ito your knowledge?

22 1 (b)(7)(C)

I I believe it was. I think 23 in his performance reviews. We have midyear 24 performance assessments and performance reviews.25 I had communicated this information back 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 (h)17)1 t o I C I I 2 look at th 3 review. B 4 discussed w 5 that.7 you rate it 8 discussion 9 on this l 10 I'm looking 11 say that he 12 say that hi 13 P1 adequate..15 don't know what was written. I'd have to at, what was written in his performance ut I'm fairly certain that that was all'ith him. He was given candid feedback on (b)7(C) kay. How would through, I mean, overall when you had this with (b)(7)(C)

about his work performance (b)(7)(C)

-I mean did you --for a type of evaluation like. Did you was failing to meet expectations?

Did you s performance was subpar?l (b)(7)(C)

His performance was 15 16 17 18 19 20 21 22 23 24 25 (b)(7)(C)

Okay. All right.it, s my understanding from having intervieweI (b)(7)(C)Z that when he was -- In the spring and summer of 2010 he was chosen for a few special assignments like this one. And was this the assignment that involved him (b)(7)(C) lor was that a different assignment?(b)(7)C That's a different assignment.(b)(7)(C) lokay. I had a few questions regarding 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 16 1 Are there any other instances when 2 7 that you know of was not adequately performing 3 his function or his assignment in another role?I (b-)(7)1 4 (b)(7)( Well, (c) was briefing me on 5 a pretty regular basis about his area of 6 responsibility when he was pulled off onto the 7 He had a kind of a (b)(7)(C)

I He 8 was brought in I want to say (b)(7)(C)

Ikind of time 9 frame. Is that when he (b)(7)(C)

J 10 (b)(7)(C)

It was actually 11 l 12 (b)(7)(C) okay. So he 13 (b)(7)(C)

Jtime frame. Quickly 14 thereafter we had some (b)(7)(C) ireporting 15 to him. You know need for leadership.

16 When this special assignment came up, this 17 is some months later. But when the special assignment 18 came up, he just seemed to drop all contact with his 19 group. People likZ (b)(7)(C) hat were providing 20 leadership for the (b)(7)(C) he was coming in 21 early. He would go late. He'd keep up with emails.22 He would probably meet with his people, provide 23 direction.

You know, he didn't just cut his 24 (b)(7)(C) guys loose and say, "Good luck. I'll see 25 you when I'm done with this." He kept in touch.NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 17 1 And that was pretty well the expectation 2 for other people. We would leave you alone for eight 3 hours3.472222e-5 days <br />8.333333e-4 hours <br />4.960317e-6 weeks <br />1.1415e-6 months <br /> a day to let you work on the special assignment.

4 But at the time we were in INPO (phonetic)

-- Were we 5 in INPO full time at that time or that happened in 6 August maybe.7 Anyway, our performance was not really 8 high. We knew we were recovering nuclear power plant.9 We knew that with a 95-001 inspection and so forth we 10 had some concerns from our regulator.

We needed to 11 step it up. And so putting in an eight hour day which 12 is al7)(C) H as doing that whole summer and neglecting 13 his group just was not okay.14 (b)(7)(C)

Whe (b)(7)(C) as 1-5 chosen to be on thel Ib(7 do you 16 recall (b)(7)(C) impression?

Or was she in line 17 with him going to the (b)(7)(C)

Was she in favor 18 of it is what I'm trying of say.19 (b)(7)(C)

Was she in favor of it?20 (b)(7)(C)

-From what you 21 could tell.22 (b)(7)( I don't think that would 23 have been her first pick to send him off right at the 24 point of him having a (b)(7)(C) on 25 top of she was already I think having some indications NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433 WASHINGTON, D.C, 20005-3701 www.nealrgross.com 18 1 that he wasn't doing that great.2 So as I recall our conversations

-- this 3 is some time ago now -- it wouldn't have been first on 4 her list to recommend him. In fact, she wouldn't have 5 recommended him for this assignment.

But since 6 leadership really needed some good people she didn't 7 feel like she could just stand in the front of the 8 boss and say, "We just can't do that." 9 So she was concerned about the group. She 10 was concerned about things falling through the cracks.11 She was concerned about even how he may perform in 12 this environment.

But also recognizes it may be a 13 really good opportunity.

There's going to be 14 spotlight on this group. Maybe that's what he needed 15 to kind of really take arise and really perform well.16 And maybe the pressure and the time constraint and 17 something special to work on rather than the regular 18 maybe that would be the opportunity he needed.19 So she I think was clear at counseling.

20 If there was another person to pick, she would much --21 And I think we even talked about names. But in the 22 end we really -- We had a name. It was a really short 23 duration assignment, He could stay in touch with the 24 group. You know, he just couldn't be there 10 hours1.157407e-4 days <br />0.00278 hours <br />1.653439e-5 weeks <br />3.805e-6 months <br /> 25 a day or 12 hours1.388889e-4 days <br />0.00333 hours <br />1.984127e-5 weeks <br />4.566e-6 months <br /> a day to lead the group. He would NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.1 AACI.JINrj'TCnh nt' 9flfltW,ZQ7ni www np~ilrnrmnýro 1 2 4 5 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 19 have to take a timeout for a period. of the day and go work this other effort. Was that responsive to your question?(b)(7)(C)

Yes. Thank you.You described his work performance on this (b)(7)(C)

J as adequate.

When was the first time that you became aware of any real work performance issue with [M7 (b)(7)(C)(b)(7)(C)

On this (b)(7)(C)am assignment or?No. Overall.(b)(7)(C)

I Overall. I would say it was before we put him on this assignment.

So I'd say we put him on that assignment in the ( time frame. So (C)I would sayI(b)(5) time frame I became aware that there were issues relative to his performance.(b)(7)(C)

Okay. And you learned this from whom?I (b)(7)(C) 7 From J (b)(7)(C)

Okay. And, to the best of your recollection, what was the primary shortcoming inj 7C) performance during that time?(b)(7)(C)

I would probably have to --I don't remember directly.(b)(7)(C)

Okay.NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 2344433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 20 1()(7)(C)

I know there's a timeline 2 that reated.3 (b)(7)(C)

Okay. Well, 4 that's fine. But you do recall being told somewhere 5 during the April-May of 2010 time frame b Z (b)(7)(C)6 that there were shortcomings inI (b)(7)(C) work 7 performance.

Is that fair?8 (b)(7)(C)

Yes. That is correct.9 (b)(7)(C)

Okay.10 (D)(7)(C)

I think as fairly 11 surprised by the way because I think we all brought 12 (b)(7)(C) with pretty high 13 expectations.

He (b)(7)(c) really pretty top 14 performing guy. He interviewed well. It looked like 15 he had the right background and so forth. We were 16 excited to have a highly capable person (b)(7)(17 the company.18 And I think it became evident just really 19 early on that this wasn't the same guy or at least he 20 wasn't performing at the levels that were expected.21 So those discussions were had early. kas real 22 good about keeping me informed on things like that.23 I(b)(7)(C)

So he was failing 24 to meet expectations from the start.25 (b)(7)[C)

That is correct.NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.1 (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 21 (b)(7)(C) your knowledge was bmeeting with him regularly to help him along or at least communicate to him that he wasn't meeting expectations?

I (b)(7)(C)

Yesj -Yes. S as --Cis not one to leave people alone and hope they figure things out. She'll work with them, coach them, mentor them, you know, provide them somebody else to show them the ropes or. And she's very encouraging that way.She has really high standards and really high expectations.

But she's pretty clear about what those are. She doesn't pla' a guessing game with people. So she keeps them informed including if there are shortfalls in their performance.

And she's pretty direct about having those conversations.

I(b)(7)(C)

Did I b)(7)iI work performance ever improve?I Not on any sustained basis.(b)(7)(C)

Okay.!7 And I can think of other instances where I had asked for reports or he had promised information to me that he left. It seems like one time he (b)(7)(C) and this is probably inO (b)(7)(C) itime frame where he (b)(7)(C)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 did not con 2 done and se 3 some late 4 situation ai 5 information 6 before he 1 71 8 that I'm go 9 from yourse 10 And I 1I to you. An`2 it. Okay?13 14 15 16 17 record. Th 18 19 sir.20 21 22' refresh you 23 24 Thank you.25 22 nplete something that was required to be veral of us had to just dive in and spend hours and early morning in a hurry-up nd cover for things and create a report and that he was supposed to have delivered eft.()Okay. Related to ing to show you an email that's an email If tol (b)(7)(C)

IIt's datedi (b)(7)(C)1'll show it to Counsel and she can show it d we can go off the record while we review (b)(7)(C)

Okay.(b)(7)(C)

Off the record.(Whereupon, a short recess was taken.)(b)(7)(C)

Back on the e time is approximately 1:42 p.m.You were able to review this document, (b)(7)(C)

Yes, I was.(b)(7)(C)

And does it r memory?(b)) Yes, it does. This helps.(b)(7)(C)

And is this the NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.WASHINGTON, D.C. 20005-3701 www.nealrgross.com (202) 234-4433 23 1 incident that you were just discussing before we went 2 off the record?3 (b)(7)(C)

Yes. It looks like the 4 actual timing of this is more like the (b)(7)(C) time 5 frame rather thanI (b)(7)(c)

I that I was recalling.

6 But, yes, this is the incident that I was recalling 7 thatJ b7Cfailed to get me information that he had 8 promised prior toJ (b)(7)(C) which 9 really left us in a jam.10 (b)(7)(C)

And you had il stated that this is one of a few examples that come to 12 mind when it comes to him not fulfilling his job 13 responsibilities.

14 (b)(7)(C)

That is correct.15 (b)(7)(C)

Okay.16 (b)(7) Unfortunately, there was 17 just a continued pattern wit1(IIC E of things like this 18 where he would commit to do things, wouldn't do them.19 The work he would put in would be not well reviewed.20 And then he would issue it and then it would run into 21 a fire storm because it hadn't been properly reviewed.22 The procedure I believe is a case in point on that 23 that he was working on a procedure that he just issued 24 instead of getting it properly reviewed.25 So there's just a continued, nonstop 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 12 13 14 24 barrage of these things going on. It's not just one instant. It's not two things. There's a mosaic.There's a whole picture that kind of gets put together when you start looking at all the little pieces here.And that's what I thinkE as talked to you about. And I think that's wha tIE~as documented in her notes that it was like most everything he touched. It's not an isolated incident.I(b)(7)(C)

From your vantage point given your extensive experience being a manager, what was the issue? Was it a competence issue? Was it an attitude issue? What? Did you ever formulate an opinion as to what was going on here?Z ic) it Calls for some conjecture on I 15 16-7 18 19 20 21 22 23 24 25 my part.I (b)(7)(C)

I Please do I mean as long as Counsel doesn't object.( Well, clearly labeled as his opinion.I (b)(7)(C)

Yes.And he can explain what it's based on.I (b)(7)() In my opinion, I just think b)never really engaged once heI (b)(7)(C) the site. For some reason, I think it was like a 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 25 (b)(7)(C)

He was really well thought of. He wanted to go pal around with people that he was friends with. He wanted to sit at his desk and command an army, but he didn't want to roll up his sleeves and do any work.So all the work that he was being asked to do and actual procedures to write and then the I c effort I think just wasn't what he had in mind.I don't know what he did have in mind, but it wasn't what we needed.I(b)(7)(C)

Do you recall any discussions with F (b)(7)(C) about I (b)(7)(C)performance appraisal inK (b)(7)(C) 7.(b)(7)(C)

Yes.(b)()( c F ,(b)(7)(C)(b)(7)(C)

Are you referring to the midyear performance appraisal?

Midyear performance development plan?(b)(7)(C)I guess that would be a midyear. Let me check.L (b)(7)(C)

I I didn't know if you were asking about the specific document or just general performance EPAP.(b)(7)(C) iI'm not asking NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nea)rgross.com 26 1 about the specific document.

I'm just interested in 2 whether or not you had any input on that evaluation.

Or was this all (b)(7)(C) responsibility?

4~ (b)(7)(C)

Ilt'sJ (b()Cesponsibility to 5 write up a performance review, a midyear assessment, 6 on her people. Sometimes that would occasion input 7 from me. For example, I'm sure I gave her some input 8 on theI (b)(7)(C ) I If she didn't go to (b)(7(9 directly, then I would have provided her with that.10 And since I was (b)(7)(C) that likely would 11 have been the case.12 I don't clearly recollect that, but just 13 our normal business relationship we had a really good, 14 trusting relationship.

If she needed some insights i5 there, I'm sure she would have trusted me to have a 16 conversation withI (b)(7)(C)

Z nd then relay back to 17 her any concerns or issues. Or any "That a boys" that 18 were due as a result of that.19 (b)(7)(C)

Do you recall 20 discussing with (b)(7)(C) about a (b)(7)(C)21 L (b)(7)(C) being issued to b()C 22 (b)(7)(C)

Yes. There were discussions 23 about developing al (b)(7)(C)

Ifor 24 (b)(7)(C)25 (b)(7)(C)

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 2 3 4 5 6 7 8 9 10 11 12 13 14 1 5 16 17 18 19 20 21 22 23 24 25 27 the general time frame when those discussion took place? I mean, would this have happened during the (b)(7)(C)(b)(7)(C)

So our general timing, I mean I would have to go back and look at what the --(( Let's go off the record for a moment.(b)(7)(C)

Okay.I (b)(7)(C)

Off the record.(Whereupon, a short recess was taken.)(b)(7)(C)

We're back on the record. The time is approximately 1:50 p.m.And do you recall the general time frame when you discussed aPwith)oncerning I Leadership in general has comments due on midyear assessments in the August to September time frame. So any discussions I would have had with (b(would have been in or about that period of time.(b)(7)(C)

[At the time, did you figure that a[ was a good idea in this case?( The site, as I recall, our site processes called for (b)(7)(C)if an employee was receiving a (bX7)(C)NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.neairgross.com v

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 28 rating for one of the two major ratings that we had.And I think that became mandatory to put aI (b)(7)((b)(7)(C)

Iin place if somebody had a (b)(7)(O)(b)(7)(C)

! rating.L~~J -have a automati (b)(So this midyear assessment foI (b)(7)(1c}

oes (b)(7)(C)

I So that would have cally triggered work on a I (b)(7)(E)I 7)(C)I I (b)(7)(C)IWas it mandatoryl I at the time though?FI don't know that.were proce I(b)(7)(C)

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

We'd have tc dures at the site.)kay.check.There (b)(7)(C)

But it was discussed anyway.(b)(7)(C)

It was discussed.

Yes.(b)(7)(C) 7 All right. Given your experience here at SONGS, do you necessarily have to have a _ before terminating an employee for performance issues?(b)(7)(C)

No, you do not.(b)(7)(C)

All right. And when I interviewed some other witnesses I spoke with I (b)(7)(C) n d I spoke withI (b)(7)(C) rom (b)(7)(C)NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 29 (b)(7)(C)

And they brought up an issue that involved 2 (b)(7)(C)3 (b()C b()C 4 (b)(7)(C)

Yes. I believe 5 that (b)(7)(C) ent to (b7)(C) 7nd alleged that b)((C)6 (bCi was putting some personal information in his 7 7) Do you remember that?8 (b)(7)(C (b)(7)(C) alled me as I 9 remember.

Sitting in my office, (b7)C)E ad called me"_0 and said tha I Ec ) ad relayed to him that there were.L things of a personal nature that he had relayed tc EE(12 b)C~ and that those things had wound their way into 13 his midyear assessment.

And he was very upset by 14 that. So upset he was talking to another division 15 manager.16 Sol (b)(7)(C) doing me the courtesy of 17 calling and saying, "Wow. If that's the case, you 18 probably should look into that." And as I recall I 19 had access to the system at that point. I could see 20 not just my direct reports who I was doing reviews on.21 I could see all through my organization.

22 My memory is I pulled that up, looked 23 through the entire thing and cleared that with (b)(7)(C)24 either while I had him on the phone or I looked it up 25 and called him back that afternoon and said, "There is 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 12 13 14 15 16 17 18 19 20 21 22 23 24 25 30 nothing in thati (b)(7)(C)

Irelated to the issues of personal nature that (b() aid were in there" which led to a real credibility and trust issue then as to what was l doing talking to another division manager about things that were easily verifiable and clearly was misleading (b)(7)(C)

T S that responsive to your question?I -(b)(7)(C) es, it is. I'm-- There's a follow-up question and I'm just trying to formulate the question here. You attend a lot of manager type meetings.

Right? Meetings in which[ciIJshows up and all people underneath you.(7)(C) Yes.(b)(7)(C)

You have regular , ... !lleadership type meetings.

Correct?I (b)(7)(C)

-That's correct.Gi (b)(7)(C)

I During any of these meetings, do you recall (b)(7)(C) badmouthing or criticizin E c]or his work performance?(b)(7)(C)

In an open forum?(b)(7)(C)

Yes.(b)(7)(C)

J No. Those would have been Drivate discussions.

That's not ir ature to do that.1 (b)(7)(C)

I Was something NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.WASHINGTON, D.C. 20005-3701 (202) 234--4433 www.nealrgross.com 1 2 3 4 5 6 7 8 9 10 i!12 13 14 15 16 17 18 19 20 21 22 23 24 25 31 along these lines brought up in your conversation with (b)(7)(C)S (b)(7)(C)

Something along what lines?(b)(7)(C)

Well, the fact that --b)(7)(C) Are we still on this issue of personal information?

Or are we onto something else now?(b)(7)(C)

Well, they're somewhat related. I'm not sure if they are or not.(b)(7)(C)

I Okay.(b)(7)(C)

That' s why I 'm asking you.(b)(-)(c)

Okay. Go ahead.I7 Do you understand the relationship between (b)(7() n b()C (b)(7)(C)

1s , (b)(7)(C)

Okay.(b)(7)(C)

Yes. When I with (b)(7)(C) he said that he heard fro (b)(7)spoke heth (C)that (b)(7)(C) .was badmouthing him during these meetings.

And according to (b)(7)(C) (b)(7)(C) poke up and basically said, "Well, that's not the (b)(7)(C)that I know." And told this t C). And well you could just imagine where that went.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 20 12.13 14 15 16 17 18.19 20 21 22 23 24 25 32 I just wanted to find out whether or not you heard ofi (b)(7)(C)

Joor-mouthingI (b)(7)(C) during these meetings in an open forum or not.I (b)(7)(C)

I I don't remember a discussion like that. So ifIC) was there andc was there that would have had to have been one of my staff meetings.

In staff meetings, I mean we're not berating people and talking about -- So that would be really uncharacteristic.(b)(7)(C)

Okay.(b)(7)(C)

Is it possible that aid something about "I'm having real trouble" or "On assignment one of my people missed a deadline" and expressing frustration, that's possible.

I do not remember that. But general berating and badmouthing the people, that's just not part of a business meeting.I (b)(7)(C)

I Okay. Well, I spoke withI (b)7)(C) -[ nd he denies it. But I just wanted your input.I c(b)(7)(C IHe denies?(b)(7)(C)

He denies telling (b)(7)(c) that (b)(7)(C) was badmouthing him.I (b)(7)(C)

It doesn't sound like something NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE.. N.W.WASHINGTON, D.C. 20005-3701 (202) 234-4433 www.nealrgross.comn 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 33 (b)(7)(C)

When was the first time that termination was ever discussed between you and (b)(7)(C)

[concernin (b)(7)(C)()7(I suppose it was an underlying eventuality for any employee's performance that doesn't turn around. But I would imagine that it wasn't before we started having conversations about midyear performance and just seeing the things in spite of continued coaching through the year and opportunities to change that performance by midyear I would imagine we were starting to have that discussion.

So that would be in thisI (b)(7)(C)time frame that we just talked about when she is putting her comments in his midyear review.(b)(7)(C)

[Who initiated the efforts to terminatel (b)(7)(C)

Was it b()C Was it you? Or was it someone else?(b)(7)(C) ame to me with a recommendation that she laid out her findings, laid out her thinking and so forth and discussion that she had been having with HR. But it was her recommendation that we terminate (b)(7)(C)

I (b)(7)(C)

Okay. Did you agree with that assessment?(b)(7)(C)

Ultimately once I had enough NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 34 1 facts and information, background.

As I recall 2 actually having talked with I)c~ andb7I We don't 3 take these things lightly. It's a difficult decision 4 to terminate somebody from the company. So there 5 would have been a lot of discussion about that.6 Ultimately, yes, I did concur. But it 7 would have been with considerable study.8 (b)(7)(C) 7 Okay. Typically 9 when something like this happens -- I'm talking about 10 termination

-- do you have to consult withl (b)(7)(C)11 or whoever the (b)(7)(C) is or the 12 (b)(7)(C)

Or do you need someone's concurrence before 13 these steps are taken?14 1 (b)(,)(C)

I don't know if that's 15 required.

Certainly, protocol would say that I would 16 have briefed on this and provided him the 17 information he needed to get his concurrence.

I don't 18 know that that's required.

But that's certainly part 19 of the protocol for it.20 A I (b)(7)(C) is a pretty high level, 21 important position at the station. And I remember 22 talking with C) about clerical staff or so forth 23 that we were terminating from the company. It wasn't 24 really to gain his concurrence or authorization but to 25 make sure that management was aware of the steps we NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433 WASHINGTON.

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

35 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 1.9 20 21 22 23 24 25 were taki ng.I I Do you specifically recall meeting wit hl (b)(7)()(b)(7)(C)

Yes, I briefedlIb n this.(b)(7)(C)

Okay. And was he on board?I (b)(7)(C)

Yes, he was. The reason I needed to briefE ( is because just a couple months ago in I (D)(7)(C) when we had our executive offsite was thought of very highly and was recommended for a special assignment.

Over the course of the(cc that really wasn't panning out. There was a lot of discussion between me and )(C~ and other members of the leadership to say "This isn't really panning out.This guy isn't really made of what we thought he was made of." I(b)(7)(C)

Do you remember what the official reason was for terminatingi (b)(7)(C)I mean was it failure to meet expectation?

Was it poor performance?

Do you remember what the official reason was?()It's on the SCORE (phonetic)

.I can't remember what that stands for.It's on the SCORE document where we reviewed all 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 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 36 I would say it's performance is what I recall. But it's on the SCORE document if that's handy.(b)(7)(C) okay (b)(7)(C)

Do you want to review it?r" (b)(7)() If you want exact --I (b)(7)(C)

IWe can go off the record just for a minute while that's done.(Whereupon, a short recess was taken.)(b)(7)(C)

Back on the record. The time is approximately 2:00 p.m. And you were able to review some documents in front of you, sir. What was the official reason (b)(7)(C) was terminated?(b)(7)(C)

Unsatisfactory performance.(b)(7)(C)

Okay. Thank you.Up until this time were you aware of any concerns that (b)(7)(C)

I raised to (b)(7)(C)

-]bout employees being told that if they have a concern to raise here on site they should go through their chain of command before using other means? Were you ever aware of any concern like that?(b)(7)(C)

I That 3 aised?(b)(7)(C)

Yes.1 (b)(7)) I I was not.(b)(7)(C)Were you I IX~ .NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.WASHINGTON, D.C. 20005-3701 (202) 234-4433 www.nealrgross.com 2 3 4 5 6 7 8 9 10 Ii 12 13 14-5 16 17 18 19 20 21 22 23 24 25 37 ever aware of that concern at any time not necessarily by (b)(7)(C) ut by anyone else?I (b)(7)(C)

That a concern had been raised about going through chain of command if you had an issue? Is that the question?I (b)(7)(C)

I Yes, exactly.II remember discussions with 9.1 think this was regarding hat s had I think more forcefully than she intended kind of said, "Hey, if you've got a problem, be sure and go through me. Don't just go tell7) bout it." And that's actually not okay.There are multiple ways to report concerns including going directly to the NRC, going to any member of the management team or taking it to your supervisor.

So I think (b)(7)(C) ay have overstated.

I recall a conversation in 2010. I'd be hard pressed to pinpoint that. But there was a conversation sometime in 2010 whereb(C) think had had a discussion with her people and it had just gone too far in saying "That's got to come through me." That's not our standard.S(b)(7)(C)I Now given your position here at the plant at the time were you -- I'm not sure whether you would have prying to this. But 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 12 13 14 15 16 17 18 19 20 21 22 23 24 25 38 were you ever aware of any type of friction between S(b)(7)(C)an i (b)(7)(C) n a personal level?I (b)(7)(C)

Iold me about some of that friction.

But directly observed I never saw any of that.(b)(7)(C)

But you heard about it.(b)(7)(C)

I heard about it.(b)(7)C) Okay. i mean, did it become problematic where it affected --(b)( Not in anything I observed directly.(b)(7)(C) okay.(b()C) H ol have reported various interchanges they were having and difficulties and she was very good about keeping me abreast of those things. But directly I did not observe any of that friction.F (b)(7)(C)

When there were discussions about terminatind (b)(7)(C) bid you ever get the impression thatE b))( K ad some personal animosity towards him?(b)(7)(C)

No. Absolutely not.I(b)(7)(C)

Do you have any knowledge of (b)(7(C) : etaliating against (b)(7)(C)NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433 WASHINGTON.

D.C. 20005-3701 www.nealrgross.com 39 2 because he might have raised some concerns to her 2 abouti (b)(7)(c)3 (b)(7)(C)

No 4 (b)(7)(C)

Counselor, do you 5 have any follow-up?

6(b)(7)(C) lNO, I don't.7 I(b)(7)(C)

All right. i 8 appreciate you taking time out of you (b)(7)(C) to 9 meet with me on this today. I appreciate your 10 patience and everything.

And is there anything that 11 I didn't ask you about here this afternoon that you 12 feel is important and that you want to add for the 13 record? Anythingconcernind (b)(7)(C)

OA (b)(7)(C) kr 14 anything that's relevant to this investigation?

15 (b)(7)(C)

I guess I would say a couple 16 of things.17 I (b)(7)(C)

Sure.18 (b)(7)( I think the line of 19 questioning by the way was very appropriate and 20 detailed and for the purpose for the things that 21 you're investigating.

I think that fair and 22 appropriate questions were asked. I was worried about 23 that it was headed on some tangent or some slant and 24 it's not going to be -- the record is not going to be 25 full and complete.

But I think the right things 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 4 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 40 discussed.

About EI(cj[ guess I would say she is one of most kind and caring and considerate and nurturing leaders I've ever worked. She is probably the fastest learning manager that's ever worked for me.She would ask about things that she needed to do to improve. When I talked to her about things that I thought she could do better or handle better the next time when she ran into a similar situation she worked on it immediately.

She just didn't let grass grow under her feet. It wasn't like she tucked it away and put it in a ten year improvement plan.She did it like now.She's very approachable, very likeable.And she knocks herself out for her people. That's why for the most part the people that work for her just love working for her. She sets a great environment for just getting the work done.A lot of it is (b)(7)(C)(b)(7)(C)

I type thing. Some of that can get kind of tedious. And it takes a special leader to be able to motivate people to kind of stay at it. She's really good at creating a healthy work environment where people feel like they can succeed.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 41 So it's really surprising.

I f [I) as going to have problems with any leader at the station, it's just so surprising that he would have trouble wit E kecause she's just such a nurturing, helping, doing everything she can to help you succeed kind of a leader.I (b)(7)(C) jDid you ever get any complaints about her from her direct reports?I (b)(,,(C, I None from her direct reports. Lots of praise. Lots of positive comments.Never any criticism.

I had positive comments from my peers at the station. I had positive comments from their direct reports, other managers at the station.There was just lots of positive feedback.(b(7 evels. I would have ()()nd n my office commenting about what a great and capable leader E was. So there was a lot of positive feedback coming from her.And we worked really closely. We were L (b)(7)(C)

-We saw each other a lot. I had a lot of people reporting to me. It was tough to keep up with all my areas when your responsibilities are that broad. But she was very good about keeping me posted.It's just so surprising thatb() would NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE.. N.W.(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 42 1 2 3 4 5 6 7 8 9 10 12 13 14 25 16 17 18 19 20 21 22 23 24 25 have a problem with[f kj'A I I (b)(7)(C)

Okay.L (b)(7)(C)

JI have nothing further.(b)(7)(C)

Nothing. Okay.(b)(7)(C) have I or any other NRC representative threatened you in any manner or offered you any reward in return for this statement?

J (b)7)(C)No.(b)(7)(C)

I Have You aiven this statement freely and voluntarily?(b)(7)(C)

Yes, I have.(b)(7)(C) t this time, the interview will be concluded.

The time is approximately 2:10 p.m. Off the record.(Whereupon, at 2:10 p.m., the above-entitled matter was concluded.)

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

D.C. 20005-3701 (202) 234-4433 www.nealrgross.com CERTIFICATE This is to certify that the attached proceedings before the United States Nuclear Regulatory Commission in the matter of: Name of Proceeding:

Interview of (b)(7)(C)Docket Number: 4-2011-059 Location:

San Clemente, California were held as herein appears, and that this is the original transcript thereof for the file of the United States Nuclear Regulatory Commission taken by me and, thereafter reduced to typewriting by me or under the direction of the court reporting company, and that the transcript is a true and adcurate record of the foregoing proceedings as recorded on tape(s) provided by the NRC.(b)(7)(C)ý.tffiAil Transcriber Neal R. Gross & Co., Inc.NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 2344433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com