ML062790382

Exhibit 24 to Case No. 3-2002-004, Office of Investigations Interview

ML062790382
Person / Time
Site:	Kewaunee
Issue date:	06/05/2002
From:	NRC/OI
To:
References
3-2002-004, FOIA/PA-2006-0113
Download: ML062790382 (39)

Text

1 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 9

I0 ----------------- --------- x 11 Sleep Inn & Suites 12 1600 Lawrence Drive 13 De Pere, Wisconsin 14 15 June 5, 2002 16 17 The above-entitled interview was conducted at 18 2:00-p.m.

19 20 21 BEFORE:

22 23 MARY KAY FAHEY Special Agent

/

24' nation in this record was deleted mnaordance withdthe Freedom of Information

.2Dt, r warmninn* -0"- EXHIBIT_2 f3 PAGE_]1*OF. S'_PAGE( 3)

- NEAL R. GROSS

• 2002 - 00 4'` COURT REPORTERS AND TRANSCR IBERS 1323 RHODE ISLAND AVE.. NYI/,

2 1 P-R-O-C-E-E-D-I-N-G-S SPECIAL AGENT FAHEY: For the record, 3 this is the interview of i former 4 in-service inspection general foreman for Day &

5 Zimmerman Nuclear Power Systems `71 6 Today's date is Wednesday, June 5. The 7 time is approximately 2 o'clock P.M. This interview 8 is being conducted at the Sleep Inn, 1600 Lawrence 9 Avenue in De Pere, Wisconsin.

10 My name is Mary Kay Fahey. I'm a special 11 agent with U.S. Regulatory Commission Office of 12 Investigations in'Region III.

13 This interview is being transcribed by 14 court reporter Myrna Williquette.

15 The subject matter of this interview is a 16 fitness for duty concern at the Kewaunee Nuclear 17 Power Plant during a refuel outage in 2001 which was-18 brought to the NRC's attention by the licensee, 19 Nuclear Management Company.

20 called as a witness 21 herein, being first duly sworn, testified as 22 follows:)

23 SPECIAL AGENT FAHEY: Some background 24 questions. Date of birth?

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

3 1 SPECIAL AGENT FAHEY: Social Security 2 Number?

3 THE WITNESS:

4 SPECIAL AGENT FAHEY: Home address?

5 THE WITNESS:

6 7 SPECIAL AGENT FAHEY: .Telephone number?

8 THE WITNESS:  ! _,*..

9 SPECIAL AGENT FAHEY: Are you currently 10 employed now?

11 MR. No.

12 SPECIAL AGENT FAHEY: When were you last 13 employed?

14 MR. -Igot laid off April 26th 15 of this year, 2002.

16 SPECIAL AGENT FAHEY: By Day & Zimmerman?

17 MR. No. I was working for

.18 illip and GuetschQw at Point Beach Nuclear Plan 19 SPECIAL AGENT FAHEY: Okay. How long did

.20 you work for them? Do you remember'when you 21 started?

22 MR. Yes. March 25th.

23 SPECIAL AGENT FAHEY: Okay. And before 24 that?

25 MR.J Iwas laid off for four NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

4 1 months when I got laid off from Day & Zimmerman 2 December 1st of 2001.

3 SPECIAL.AGENT FAHEY: Okay. And when did 4 you start there?

5 June 17th of 2001.

6 SPECIAL AGENT FAHEY: Okay. What 7 position did you hold with Day & Zimmerman?

8 MR.I started out as a 9 /oremanap until August ist, and then I went to work 10 as ateneral foremaIon the 1SI program for who works for NMC.

12 SPECIAL AGENT FAHEY: Do you know how to 13 spe*I name? "

14 M.

15 16 SPECIAL AGENT FAHEY: And generally, what 17 did you do? Don't get too specific.

18 MR..-As far as when I worked for --

20 SPECIAL AGENT FAHEY: When you.xere the 21 general foreman.

22 MR. eneral forema4 The I* I31 23 program, basically it checks welds, support 24 equipment, various examinations as far as Visual, 25 dye penetrant, ultrasonic.. And my job was to NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

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5 1 coordinate the various crafts, insulators, 2 carpenters, steam fitters, boilermakers, and to 3 prepare these -- the joints or get things ready, if 4 I needed scaffolding built or if I needed insulation 5 removed and stuff like that.

6 SPECIAL AGENT FAHEY: And who did you 7 have working under you? Did you have supervisors?

8 MRNo. Just I was in charge 9 of the crafts myself.

10 SPECIAL AGENT FAHEY: So you were the

11. first line supervisor?

12 MR.

13 SPECIAL AGENT FAHEY: How many people 14 under you?

15 MR. That varied. I had two 16 insulators the whole outage which was 42 days. Our 17 part of it was 42 days. At various times I had 18 maybe two carpenters, a couple laborers, a couple 19 steam fitters, a couple boilermakers. All depended 20 on how busy we were.

21 SPECIAL AGENT FAHEY: How many, when you 22 were the busiest, what is the highest number of 23 employees under you?

24 MR. ,~ Oh, probably five. But, 25 see-NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

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6 1 SPECIAL AGENT FAHEY: Came in at 2 different times?

3 MR. But see, there again, 4 it's hard to say because I might have had like two 5 insulators working here and three carpenters working 6 here, you know, and a couple steam fitters working 7 here, so -- but probably five would be --

8 SPECIAL AGENT FAHEY: The average?

9 MR. .- Iwould think so, yeah.

10 SPECIAL AGENT.FAHEY: Okay. And were 11 they also employees of Day & Zimmerman?

12 MR. Yes, they were.

13 SPECIAL AGENT FAHEY: And who did you 14" report to?

15 MR.

16 SPECIAL AGENT FAHEY: And what was his.

17 title?

18 MR. J I-believe he was a 19 general foreman, also.

20 SPECIAL AGENT FAHEY: Did you have any 21 reporting duties to anybody at NMC or at Kewaunee 22 itself?

23 MR. Well, tie* a 24 I actually worked for.. So I reported to him.

25 SPECIAL AGENT FAHEY: .He was a licensee NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVF. NW* '

7 1 employee?

2 MR. *. Yes. He's the head of 3 the in-service inspection-program.

4 SPECIAL AGENT FAHEY: Okay. Then did Day 5 & Zimmerman have some sort of project manager 6 on-site?

7 MR. Yeah.. That's 8

9 SPECIAL AGENT FAHEY: Okay. And the 10 outage at Kewaunee was 42 days; did you say?

11 MR. That was my part of it, 12 yes.

13 SPECIAL AGENT FAHEY: And how about 14 generally? What kind of nuclear experience do you

'15 have? How long have you worked in the nuclear 16 industry?

17 MR. .23 years.

.18 SPECIAL AGENT FAHEY: Okay. And at a 19 variety of plants or mainly around here?

20 MR.* I worked at Kewaunee.

21 Point Beach. And then I went out to Premont Yankee.

.22 SPECIAL AGENT FAHEY: So basically those 23 three have kept you busy?

24 MRWell, off and on. I've 25 worked a lot of other places but, you know, yeah,.

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

8 1 basically.

2 SPECIAL AGENT FAHEY: And do you 3 permanently reside here or you're just. up here 4 because you worked at Kewaunee?

MR* No as __..,

5 6 here.

7 SPECIAL AGENT FAHEY: Okay. And when you 8 worked at Kewaunee last year, did your duties 9 require you to enter into protected areas of the 10 plant?

MR.* Yes.

11 12 SPECIAL. AGENT FAHEY: Okay.

13 MR.*" I have full access to all 1.4 areas of the plant because the ISI program requires 15 me to go into just about every area of the plant.

16 SPECIAL AGENT FAHEY: And your workers, 17 also?

18 MR. Basically, not as much 19 freedom as I have, but restricted area, .yeah.

20 SPECIAL AGENT FAHEY: Okay. Let's talk 21 about this GET training or General Employee Training 22 when you arrived on-site, and my questions now are 23 going to be. limited to Kewaunee, when you worked at 24 Kewaunee.

• ~Okay,*

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

9 1 SPECIAL AGENT FAHEY; Did you attend that 2 training when you arrived on-site?

3T 3 MR. es, Idid.

4 SPECIAL AGENT FAHEY: So that would have 5 been in June of 2001?

6 MR. Yes. Yes, I started 7 there June 17th.

8 SPECIAL AGENT FAHEY: Is there any 9 exception made for supervisors?

10 MR. No.

11. SPECIAL AGENT FAHEY: Everybody takes the 12 same training? .

13 MR Yes, as far as I know.

14 SPECIAL AGENT FAHEY: All right. Does 15 the licensee provides the training or does Day &

16 Zimmerman provide the training?

17 MR. The licensee does.

18 SPECIAL AGENT-FAHEY: Okay. Do you 19 remember who the instructor was?

20" MR. ýrhere's several of them.

-21 And I don't remember, to tell you the truth. But 22 there is different classes that we take and there is 23 different instructors for the classes and stuff like 24 that, as far as there is a different instructor for 25 like fire training, different instructor for heavy NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.n*drnq rinm

10 1 loads, basic design of the plant. Security. So I 2 don't remember.

3 SPECIAL AGENT FAHEY: Okay. How long is 4 this training? -

5 MR If you first come in 6 on-site, say like you just start out there, it's 7 probably a week. But for people that have been 8 there, they can go through a shorter version and 9 that's, I think, two to three days.

10 SPECIAL AGENT FAHEY: And you took the 11 two or three days?

12 MR. Yes.

13 SPECIAL AGENT FAHEY: When was the last 14 time you. were at Kewaunee prior to this? Would it 15 have been a couple of years?

16 MR.. No. I was there in 2000,

.17 I believe. Let me see. Yeah, because I hadn't been 18 there for five years. The last time I was there was 19 .1995 and it Was five years. So that. would have been 20 2000, I went out there for a different company.

21 SPECIAL*AGENT FAHEY: Okay. And was 22 fitness for duty discussed?

23 MR......_. As far 24 SPECIAL AGENT FAHEY: During the 25 training?

NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W" In AAn%

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11 1 MR. Oh, of course.

2 SPECIAL AGENT FAHEY: Okay. And was 3 there training provided for the expectations related 4 to actions taken when an individual detects the odor 5 of alcohol on the breath of a plant worker?

6 MR. Yes.

7 SPECIAL AGENT FAHEY: Okay. And what was 8 the -- do you know what the rule is?

9 MR. First of all, if you're a 10 worker;, you go to your -- say your foreman which 11 would be your immediate supervisor, and then he 12 would go to his supervisor, I believe. And they 13 would make a determination that, you know, we have 14 to go get a test or something like that.

15 SPECIAL AGENT FAHEY: Okay.

16 MR.ow, in the case of if 17 it's a supervisor, then they would go to the person 18 above him.

19 SPECIAL AGENT FAHEY: Okay.

20 MR. And then I think also, 21 you could go to your liaison for the licensee.

22 SPECIAL AGENT FAHEY: And who would that 23 be in this case?

24 MR L 25 Don't ask me to spell that.

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

(202) 234-4433 WASHINGTON. D.C. 2flnfo5-N7n1 U.... nO.I.n...... .

12 1 SPECIAL AGENT FAHEY: And he worked for?

2 MR

• NMC.

3 SPECIAL AGENT FAHEY: NMC? Okay. And 4 were all the workers sitting in the same class you 5 were sitting in, some of them?

6 MR-.'ý No, it all depends on 7 when you come in. See, like I was brought in early, 8 okay.

9 SPECIAL AGENT FAHEY: Because you were a 10 supervisor?

ii MR..J Right. Well,:

12 wanted me to run the ISI, okay. The outage didn't 13 start until September ist, I believe, or sometime in 14 September.

15 SPECIAL AGENT FAHEY: I see.

16 M.R.- First week in September, 17 okay. But I was brought in early because if I was 18 on another job, there is a chance I wouldn't be 19 going out there. And wanted me out there 20 because I've worked with him for, oh, at least 15 21 years I ran his program for him. So the other 22 peoplewere brought in probably sometime in August,.

23 I would say, rm'aybe a week or two before the outage.

24 SPECIAL AGENT FAHEY: Okay.

25 MR.j But everybody goes.

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

13 1 through the same training.

2 SPECIAL AGENT FAHEY: And then some 3 attend a week long, but if a worker has been there 4 at Kewaunee prior, he would only have to take the 5 shortened version, also?

6 MR.1 If he wants to, yes.

7 SPECIAL AGENT FAHEY: Okay.

8 MR. And I think they also 9 have a program that you could take the -- take a 10 test right away if you want to, if you feel you 11 could pass that test.

12 SPECIAL AGENT FAHEY: That was going to 13 be my next question. Is there a standard test 14 given?

15 MR. Yes.

16 SPECIAL AGENT FAHEY: Did you take the i7 test?

MR-..Yes.

19 SPECIAL'AGENT FAHEY: Okay. And did yo'LI 20 pass the test? I guess you did.

21 I've never flunked one 22 yet.

23 SPECIAL AGENT FAHEY: Okay. Were there 24 questions concerning fitness for duty?

25 MR. es.

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14 1 SPECIAL AGENT FAHEY: And did you answer

.2 them correctly?

3 MR. Yes.

4 SPECIAL AGENT FAHEY: And you could pass 5 the test without answering those specific questions 6 correctly? I assume that you only need a certain 7 percentage to pass?

8 MR. Right. It's like 80 9 percent or something like that.

10 SPECIAL AGENT FAHEY: Do you remember, 11 did you get a hundred?

12 MR. No. I was up in the 90s.

13 SPECIAL AGENT FAHEY: And besides the GET 14 training, have you ever reviewed Kewaunee's fitness 15 for duty policy specifically?

16 MR- JON I don't understand.

17 SPECIAL AGENT FAHEY: The plant has a 18 specific policy on fitness for duty. Now I don't 19 know whether the whole policy was covered in that 20 training class.

21 MR. Yes, the whole policy is 22 covered.

23 SPECIAL AGENT FAHEY: They actually give 24 you a copy of the policy and go through it page by 25 page?

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

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15 1 MR. No, I don't think they 2 gave us a copy of it.

3 SPECIAL AGENT FAHEY: That'.s what I'm 4 asking you.

5 Okay.

6 SPECIAL AGENT FAHEY: Besides the GET 7 training, have you ever sat down and actually looked 8 at the policy itself?

9 MR

• I would say no.

10 SPECIAL AGENT FAHEY: Okay.

11 MR* I might have, but I can't.

12 say for sure.

13 SPECIAL*AGENT FAHEY: Now, I'm going to 14 be asking you some sensitive questions. I don't 15 want you to get upset. Just answer them truthfully 16 and honestly, okay. Have you ever had occasion to 17 be fitness for duty tested, ever?

.18 MR.0No.

.19 SPECIAL AGENT FAHEY: At Kewaunee?

20 MR. WOutside.of random, you 21 know. They have random drug testing out there.

.22 SPECIAL AGENT FAHEY: No, I want you to 23 include that. So you have been subject to random 24 testing?

25 MR. Yes.

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

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16 1 SPECIAL AGENT FAHEY: Okay. Was that at 2 Kewaunee?

3 MR, Yes.

4 SPECIAL AGENT FAHEY: This past year?

5 MR wNo.

6 SPECIAL AGENT FAHEY: When? Can you give 7 me a rough date? Do you remember what plant it was 8 at?

9 MR

• It was at Kewaunee. I'm 10 just trying to think. Like I said, I've been out 11 there off and on for 23 years, so it's.hard for me 12 to pinpoint.

13 SPECIAL AGENT FAHEY: A couple of years?

14 MR.' Oh, more than that.

15 SPECIAL AGENT FAHEY: Okay. But you've 16 not been tested .during 2001 at Kewaunee?

17 MR. don't.believe so, no.

18 SPECIAL AGENT FAHEY: And as a 19 supervisor, are you subject to random testing?

20 MR.* Yes.

21 SPECIAL AGENT FAHEY: Were you ever 22 instructed to be tested and refused?

23 MR

• No. No, if that happens, 24 you're immediately escorted off-site because that's 25 an admission of guilt.

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

(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.neafrgross.com .

17 1 SPECIAL AGENT FAHEY: While working at 2 Kewaunee last year, in 2001, did you ever go to work 3 unfit for duty?

4 MR No.

5 SPECIAL AGENT FAHEY: While working at 6 Kewaunee in 2001, did any employee ever identify you 7 as someone who was unfit for duty?

8 MR. Not that I know of. Now, 9 you mean did they come up to me and say I was unfit 10 for duty?

11 SPECIAL AGENT FAHEY: That Is going to be 12 my next question.

13 M111 *. No.

14 SPECIAL AGENT FAHEY: Did any employee 15 ever tell you that you needed to be tEested?

16 MR.

• No.

17 SPECIAL AGENT FAHEY: Anyoi ie tell you you 18 were unfit for duty?

19. MR No.

20 SPECIAL AGENT FAHEY: No 6ine 'suggested 21 that you be tested?

MR.' NO..

22 23 SPECIAL AGENT FAHEY: Did ny other 24 supervisor tell you that someone had 3poken to them 25 about you being unfit for duty?

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

10O 1 MR. Yes.

2 SPECIAL AGENT FAHEY: Who was that?

3 MR . 1 5 _RI~

4 SPECIAL AGENT FAHEY: What didow- tell 5 you?

6 MR. He said that a couple 7 guys came up to him and said that I had alcohol on 8"" my breath or that I was drunk; .and that's all I 9 know.

10 SPECIAL AGENT FAHEY: And how did you and 11 ,"ON111resoive that?

12 NMRoNothing was ever done.

13 SPECIAL AGENT FAHEY:. Did* ask you 14 if you had been drinking?.

15 MR. No. told me what 16 he told the people. He said, "Don't worry about it.

17 He's only going to be here for a couple weeks and 18 he's going to ISI."

19 SPECIAL AGENT FAHEY: So this happened 20 sometimde between June and September?

21 MR. Supposedly well, 22 December. Because I got laid off December 1st. I 23 got called the first week in December by this Hal 24 Walker, and that's the first I knewof it.

25 SPECIAL AGENT FAHEY: -Do you remember NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

19 1 when had the conversation with you, though?

2 MR.* It was after December.

3 Probably the second or third week in December.

4 SPECIAL AGENT FAHEY: So it was outside 5 of work?

6 MR Yes.

7 SPECIAL AGENT FAHEY: Oh, I see. Okay.

8 MRYeah, he just called me 9 onthe phone and told me about it.

10 SPECIAL AGENT FAHEY: All right. So 1.1 let's get this clear for the record. While you were 12 employed at Kewaunee,6 never told you that 13 soffeone had come up to him and told him that you 14 were unfit for duty?

15 MR. Nope.

16 SPECIAL AGENT FAHEY: You found that out 17 after the fact, after you had been laid off, when 18 this when the licensee's investigation started 19 up?

20 MR. Right.

21 SPECIAL AGENT FAHEY: Okay.

22 MR. Like I said, I had no 23 ideawhat was going on.

24 SPECIAL AGENT FAHEY: So as far as you 25 can.recollect, while you were employed at Kewaunee NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE 1S, ANf AVw MW

20 1 in 2001, no one ever approached you about being 2 unfit for duty or having alcohol on your breath or 3 anything of that nature?;

4 R* No.

5 SPECIAL AGENT FAHEY: All right. 'Did you 6 ever voluntarily go and self-report yourself for a 7 fitness for duty test?

8 MR. No.

SPECIAL AGENT FAHEY: While working at 10 Kewaunee, have you ever called in and not come into 11 work because you were unfit for duty?

12 MR *No.

13 SPECIAL AGENT FAHEY: Do you know why 14 anyone would suspect that youwere unfit for duty, 15 if the allegation is true?

16 MR.* No, not really, because 17 like I said, I don't know how I could pass through 18 security and everything else if I was unfit for 19 duty, especially after September 11th with the 20 increased security and stuff like that.

21 SPECIAL AGENT FAHEY: Okay. I'm' just 22 throwing this out as hypothetical situation. Have 23 there been occasions where you and the crew have 24 been out drinking at night, and someone might get 25 the impression that you might be unfit for the next NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAtJ AVF MW

21 1 day?

2 MR

• No. Because I don't go 3 out anymore.

4 SPECIAL AGENT FAHEY: You don't have thait 5 kind of rela tionship with your crew?

6 MR'.If I stop, it's like for 7 a couple bee rs and that's it. Then I go home.

8 SPECIAL AGENT FAHEY: Any problems with 9 any of your workers that you can think of?

10 MRI had a problem with two 11 of them.

12 SPECIAL AGENT FAHEY: Would it be a 13 problem that's worth mentioning that someone might 14 start a rumor about. you or something like that?

15 MR. It's possible.

16 SPECIAL AGENT FAHEY: Do you want to give 17 me their names?

18 MR.'.... Not really.

19 SPECIALAGENT FAHEY: Well, they may be.

20 people that I'm going to speak with.,

21 MR lim Andat 22 I think it Is I think. I don't know.

23 SPECIAL AGENT FAHEY: And tell me about 24 the problem that you had with them.

25 MR. I think it was due to the NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE.. N.W.

22 1 fact that they brought me out as a/foreman andl ,.-

2 I think, thought that he was going to be a 3 foreman. AndW I don't know. We just didn't hit 4 it off.

5 SPECIAL AGENT FAHEY: And are these two 6 some sort of tradesmen?

7 MR. % They're steam fitters.

8 SPECIAL AGENT FAHEY: From a local union?

9 MR... Ris from our Local 10 Union 400. A is from I believe Týý 11 SPECIAL AGENT FAHEY:

12 MRYes 13 SPECIAL AGENT FAHEY: All right. And how 14 would you characterize the problems? I mean, did 15 you end up firing them or you --

16 MR"

• No, I should have. But I 17 didn't.

18 SPECIAL AGENT FAHEY: So you worked 19 together?

20 MR...Well, I wa* 3 their:foremanj 21 from June 17th until August Ist. And that's when I 22 swung over to ISI.

23 SPECIAL AGENT FAIIEY: Okay. And you 24 weren't switched over because of this' problem - _

25 MR. No.

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23 1 SPECIAL AGENT FAHEY: -- with these 2 workers?

3 MR.

4 SPECIAL AGENT FAHEY: It was always the 5 intention to switch you over at a certain time?

6 MR. Yes.

7 SPECIAL AGENT FAHEY: When the outage 8 started?

9 MR.F Yes, because like I said, 10 the reason they brought me out there in early June 1.1 is because if I would have taken another job, and 12 say the job was-going to last six months or eight

.13 months or something like that, I probably was not 14 going to quit that job to go out there, so the 15 intention was to get me out there early, and then 16 when August Ist came, that's when I swung over to 18 SPECIAL AGEN/FAHEY: All right. Now 19 again, can you characterize what the problem was?

20 Was it a personality conflict?

21 MR Probably,, but like I.

.22 said, I think it was -- I don't want to use the word*

23 jealousy, but -- how do I want to put it? Just that 24 he thought thathe might be a foreman and when they 25 brought me-out as foreman, I think that caused some NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS

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24 1 problems.

2 SPECIAL AGENT FAHEY: And did you know 3 efore you went to work there?

4 MR.. No, I just heard about 5 him.

6 SPECIAL AGENT FAHEY: But these two men 7 worked for you, and did they do the work --

8 MR.

SPCILAGN FAes 9 SPECIAL AGENT FAHEY: -- as they were 10 instructed?

• 11 MR., Yes and no..

12 SPECIAL AGENT FAHEY: So begrudgingly 13 they did what they were told. Okay. -And do you 14 think that problem with the two of them would have 15 been serious enough where they would have fabricated 16 some story about you?

17 I wouldn't doubt it.

18 'It's hard to Say because, I mean, there is other 19 people that I worked with and stuff like that. And 20 if there was a problem with alcohol and stuff like 21 that' I think that they would have noticed it, also.

22 And like I said, nobody ever said anything'to me.

23 SPECIAL AGENT FAHEY:. But you do not know 24 in fact whether these two gentlemen are the ones 25 that reported you; do you?

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• 5 25 1 MR. I'can't say for sure.

2 That's just what old me.

3 SPECIAL AGENT FAHEY: So, 7identified 4 these people to you?

5 MR.ý' Ys.

6 SPECIAL AGENT FAHEY: Any problems with 7 any NMC employees at Kewaunee?

.8 MR. Not that I know of.

9 SPECIAL AGENT FAHEY: And obviously they 10 call you back on a regular basis?

11 MR.. Like I said, I've been 12 running that program for I want to say at least 15 13 years, and yeah, als me but there. He'll 14 call me out as'a foreman because in our local, we 15 have what they call a referral list so when an 16 employer calls for people, they say they want five 17 people. They have to take the first five people, 18 okay. If they want me and I'm number 7 or number 8,

19. in order to get me, they have to call me out as a 20 foreman, and that's what has'done for at least 21 15-years. Might be longer.-

22 SPECIAL AGENT FAHEY: And 23 would havejust been 6ne of the regular workers --

24 MR. Yes.

25 SPECIAL AGENT.FAHEY: -- that might have NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS

26 1 been ahead of you on the list?

2 MR. No, he was already out 3 there.

4 SPECIAL AGENT FAHEY: Okay.

5 MR. Before I was hired.

6 SPECIAL AGENT FAHEY: So he thought he 7 was going to be selected, however, he was not?

8 MR. SWell, yeah.

9 SPECIAL AGENT FAHEY: Okay. Do you have 10 any medical condition that would cause you to have 11 symptoms that would make you appear to be unfit for 12 duty?

13 MR. don't think so.

14 Mr. Walker asked the same thing, if I had diabetes 15 or anything like that. And not that I know of, you 16 know.

17 SPECIAL AGENT FAHEY: Have you ever 18 exhibited-symptoms of staggering or slurred speech 19 while at work?

20 No.

21 SPECIAL AGENT FAHEY: Do you take any 22 medication?

23 MR. No.

24 SPECIAL AGENT FAHEY: Do you drink 25 alcohol?

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1 MR. Yes.

2 SPECIAL AGENT FAHEY: How would you 3 characterize your usage; light, moderate or heavy?

4 I'm going to ask you to describe it when you tell me 5 it's one or the other.

6 MR. . Probably moderate.

7 SPECIAL AGENT FAHEY: And what would you 8 consider moderate?

9 MR O Probably like two or 10 three drinks with dinner or something like that, and 11 there again, it depends if you go to a wedding or a 12 party or something like that.

13 SPECIAL AGENT FAHEY: So two or three 14 drinks daily?

15 MR. Not daily. Sometimes I 16 don't drink.

17 SPECIAL AGENT FAHEY: And what do you 18 drink?

19 MR. Normally.~ well if it's 20 summertime, like if I'm cutting the grass or 21 something like that, it will be a beer or a Tom

.22 Collins. Outside of that, it's whiskey and sweet.

23 SPECIAL AGENT FAHEY: Tell me what the 24 policy is at the plant about number of 25 hours before --

NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS

28 1 MR.' Five.

2 SPECIAL AGENT FAHEY: -- that you can 3 drink? So five hours prior to the time you report 4 to work, you are not supposed to have alcohol?

5 SThat's right.

6 SPECIAL AGENT FAHEY: During this outage 7 or last year in 2001, were you ever called in when 8 you did not expect to be called in?

9 MR. No.

10 SPECIAL' AGENT FAHEY: So your working 11 hours were very-regular?

12 MR Yes.

13 SPECIAL AGENT FAHEY: Arid what were they?

14 MR. It started out, oh, 6 to 15 6. Well, actually, when I first got out there it 16 was 40 hours4.62963e-4 days <br />0.0111 hours <br />6.613757e-5 weeks <br />1.522e-5 months <br /> which was 7 to 3. And then when the 17 outage started, it started out -- it was I think 6 18 12's and I think we started at 6 o'clock to --

19 SPECIAL AGENT FAHEY: 6 P.M.?

20 MR. 6 P.M. But then they cut 21 that' back down to 10. So then it was 7 to 5, I 22 believe.

23 SPECIAL AGENT FAHEY:. Okay. Have you 24 ever violated the five hour rule?

25 MR.. No.

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29 1 SPECIAL AGENT FAHEY: Ever arrived at 2 work smelling of alcohol?

3 MR.J Not that I'm aware of.

4 SPECIAL AGENT FAHEY: Has anyone at work 5 ever told you that you smelled of alcohol?

6 MR. Yes.

7 SPECIAL AGENT FAHEY: Who?

8 I.don't remember.

9 SPECIAL AGENT FAHEY: A worker? A couple 10 of workers?

11 MR I think it was a security 12 guard one time. But that's all I know of.

13 SPECIAL AGENT.FAHEY: Did he ask you to 14 be tested?

15 MR. *Nope.

1.6 SPECIAL AGENT FAHEY: He just made that i7 comment in passing and that was it?

MR . .. i Ye's.

18 19 SPECIAL AGENT FAHEY: Okay. Now, in. that 20 situation, are you required to go get yourself..

21 .tested if they say that?

22 MR. No.

23 SPECIAL AGENT FAHEY: He has to tell you 24 that he's ordering you tooor --

25 .MR.*: Yes.

NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS

30 1 SPECIAL AGENT FAHEY: Okay. Have you 2 ever been questioned or confronted by anyone at Day 3 & Zimmerman management about your fitness for duty?

4 5 SPECIAL AGENT FAHEY: How about after the 6 licensee did their investigation?

.7 MR,' No.

8 SPECIAL AGENT FAHEY: No one from Day has 9 called, talked to you about that?

10 MR. No.

11 SPECIAL AGENT FAHEY: Anybody from NMC 12 management-besides the investigator, Mr. Capristo?

13 MR.

• No..

14 SPECIAL AGENT FAHEY: So hasn't 15 contacted you or anything like that?

16 M No.

17 SPECIAL AGENT FAHEY: Despite this five 18 hour rule, have you ever felt that you were impaired 19 when you arrived at work?

20 MR.** No. Normally, I'm in bed 21 by 9:30 or 10 o'clock, so I don't really care about 22 that.

23 SPECIAL AGENT FAHEY: Okay. Are you 24 aware of any employee who knew you were unfit for 25 duty but failed to report you?

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31 1 MR.I No.

2 SPECIAL AGENT FAHEY: If --- and this is a 3 hypothetical question. If another employee reported 4 you, told you that they thought you were unfit for 5 duty, what would you do? Or what are you required 6 to do?

7 MR.J Either go take a test or 8 go home.

9 SPECIAL AGENT FAHEY: And is that within 10 your rights, to call up and say, I'm unfit for duty, 11 I should not come in or I need to go home?

12 MR. If they would -- like-if 13 you're on call which we're not, but like say the 14 plant people are on call and if they would call 15 them, they can tell them yes, I've been drinking.

16 And then they can say well, then don't come in. As 17 far as contractors and stuff like that, either we 18 don't come in, you know, or if you do come in, then 19 you're. subject to, you know, the test if somebody --

20 you know, that's their duty.

21 SPECIAL AGENT FAHEY: Okay. And I think 22 I already asked you this question, but if'another 23 employee suspected that you were unfit for duty, 24 what are they required to do?. And you tell me if 25 they're a worker, immediate supervisor, and then NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS

32 1 they would go to their supervisor?

2 MR.* Right.

3 SPECIAL AGENT FAHEY: And if it's a 4 supervisor, they go to the next higher up in the 5 chain of command?

6 MR.

7 SPECIAL AGENT FAHEY: Now, what about the 8 situation where you're the supervisor?

9 MR. , Then they would go to my 10 supervisor.

11 SPECIAL AGENT FAHEY: So if one of your 12 workers suspected that you were unfit, they would go 13 around you?

14 MR. Yes.

15 SPECIAL AGENT FAHEY: And go above you?.

MR .*Rgt 16 17 SPECIAL AGENT FAHEY: Okay. Do you think 18 employees would be hesitant to report a co-worker 19 for fitness for duty?,

20 MR. WO Yes 21 SPECIAL AGENT FAHEY: And why is that?

22 Is there like some secret code of silence?

23 MR., Kind of like, yes. What 24 they would normally do is just take you aside, say 25 hey, you know, go take some mints or maybeyou NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 4d %I %

- i ff t%* .*flý

. f M **l * .1 -1.

33 1 should just get off and stuff like that. These are 2 fellow workers, so I mean, you don't normally turn 3 them in. I know it's not right, but you know, you 4 normally don't do that.

5 SPECIAL AGENT FAHEY: But if someone did 6 report you, I mean, are you fair game?

7 MR. Certainly.

8 SPECIAL AGENT FAHEY: For coming into 9 work when you're not in shape?

10 MR. Cert ainly.

11. SPECIAL AGENT FAHEY: Has Day & Zimmerman 12 management ever frowned upon the practice of 13 reporting fitness for duty?

14 M Not that I know of.

15 SPECIAL AGENT FAHEY: They have never 16 told any worker not to do that?

17No, no.

18 SPECIAL AGENT FAHEY:. How about NMC?

19 M o 20 SPECIAL AGENT FAHEY: They have never.

21 discouraged anyone from reporting?

22 MR. No.

23 SPECIAL AGENT FAHEY: Are you'aware of 24 anyone being retaliated against for reporting 25 fitness for duty concerns?

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1MR No.

2 SPECIAL AGENT FAHEY: And certainly you 3 understand the underlying premise of the importance 4 of being fitness for duty tested while you're 5 working at a nuclear power plant?

6 MCertainly. That's why I 7 told these people, you know, I'll take a test any 8 time you want. Like I said, I've been out there for 9 23 years. I've never failed one yet, so I don't 10 have a problem with that.

11 SPECIAL AGENT FAHEY: How many tests 12 would you say you've had over the years?

13 MR. "Well, you get your 14 initial one when you first go out there. You take 15 the urine and breath test. So let's see. 1979 was 16 the first year I started out there. So that's ait 17 least 20. And then probably two or three random, so 18 you know, anywhere from 20 to 25..

19 SPECIAL AGENT FAHEY: And does random 20 really mean random? You have no idea --

21 MR. Right.

22 SPECIAL AGENT FAHEY: -- when they are 23 going to select you or call you?

24 MR... That's right, and they 25 have a policy. I think they have to -- used to be NEAL R. GROSS r.O IRT REPORTERS AND TRANSCRIBERS

35 1 like 50 percent of the employees during a certain 2 period of time. I don't know if that's changed or 3 not.

4 SPECIAL AGENT FAHEY: And is it more 5 frequent during an outage or less frequent?

6 MR. I don't think that makes 7 a difference, to tell you the truth.

8 SPECIAL AGENT FAHEY: Well, usually 9 during an outage there is a lot more people on-site?

10 MR) Yes.

11 SPECIAL AGENT FAHEY: But it's a 12 percentage you think of total population of the 13 plant?

14 MR. .Yes, I think so.

15 SPECIAL AGENT FAHEY: Okay.

16 MR.-Because I know there is 17 some people that have been out there that were

.18 called like four or five times in a year and other 19 people -- like I said, all the years I've been out 20 there, I think maybe twice I've been called for random.

21 22 SPECIAL AGENT FAHEY: Is anyone exempt 23 from testing?

24 R. . NMC, of course.

25 SPECIAL AGENT FAHEY: Okay. Are local NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS

36 1 employees of Day & Zimmerman also union members?

2 They can be like yourself, you're a union member and 3 you worked for Day & Zimmerman?

4 MR. Yes.

5 SPECIAL AGENT FAHEY: But they don't have 6 to be; right?

7 MR.'i No. They have their own 8 like management personnel, stuff like that, but when 9 they require crafts people, stuff like that, then 10 they call the union hall, and that's when they send out the carpenters, the insulators, steamfitters, 12 boilermakers, whatever.

13 SPECIAL AGENT FAHEY: And despite this

.14 GET training, are you aware of any hesitancy by the 15 union workers to report fitness for duty concerns?.

16 MR NO.

17 SPECIAL AGENT FAHEY: Now, besides 18 talking about yourself, do you have any personal 19 knowledge of anyone else being unfit for duty while 20 you were employed at Kewaunee last year?

21 22 SPECIAL AGENT FAHEY: You didn't see 23 anybody that you thought should have been tested?

24 .M.NO.

25 .SPECIAL AGENT FAHEY: Have you ever made NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS

37 1 any attempt to cover the smell of alcohol on your 2 breath by using breath mints or mouthwash before 3 arriving at work?

4 MR., No. I do that normally.

5 I brush my teeth in the morning. I use mouthwash 6 and I take mints.

7 SPECIAL AGENT FAHEY: Has your drinking 8 alcohol ever interfered with your -- with the 9 performance of your duties at Kewaunee?

10 11 SPECIAL AGENT FAHEY: Have you ever drunk 12 alcohol on-site?

13 MR. .

14 SPECIAL AGENT FAHEY: Or within the 15 protected activity?

16 *-MR. No.

17 SPECIAL AGENT FAHEY: Protected area, 18 19.

I excuse me?

MR No.

20 SPECIAL AGENT FAHEY: I don't think I 21 have any other questions.

22 (Discussion held off the record.)

23 SPECIAL AGENT FAHEY: Mr. have 24 I threatened you in any manner or offered you any 25 reward'in return for your;statement?

NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS

38 1 MR .No.

2 SPECIAL AGENT FAHEY: Have you given your 3 statement freely and voluntarily?

MR. .0-Yes.

4 5 SPECIAL AGENT FAHEY: Anything further 6 you want to add for the record?

7 MR. N 8 SPECIAL AGENT FAHEY: We are concluded at 9 approximately 2:55 P.M.

10 (Statement concluded at 2:55 p.m.)

11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS

CERTIFICATE This is to certify that the attached proceedings before the United States Nuclear Regulatory Commission in the matter of:

Name of Proceeding: Interview of Docket Number: N/A Location: De Pere, Wisconsin were held as herein appears, and that this is the original transcript thereof for the file of the United States Nuclear Regulatory Commission taken by me and, thereafter reduced to typewriting by me or under the direction of the court reporting company, and that the transcript is a true and. accurate record of the foregoing proceedings.

MY na Will). Er Official Reporter Neal R. Gross.& Co., Inc.

NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS