ML062000328
| ML062000328 | |
| Person / Time | |
|---|---|
| Site: | Salem, Hope Creek  |
| Issue date: | 06/10/2004 |
| From: | NRC/OI |
| To: | |
| References | |
| 1-2003-045, FOIA/PA-2005-0194 | |
| Download: ML062000328 (32) | |
Text
I 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.Information It in accordance Act, exemptio FOIA-UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
+ + + + +OFFICE OF INVESTIGATIONS INTERVIEW------------
x IN THE MATTER OF:.INTERVIEW OF: (CLOSED)Docket No. 1-2003-045
x Thursday, June 10 , 2004 Human Resources Department Building TB2 Salem Hope Creek Nuclear Station Hancock's Bridge, New Jersey The above-entitled interview was conducted at 9:46 a.m.BEFORE: Special Agent JEFF TEATOR thiS r&m as deleted jith the Freedom of Information NEAL R. GROSS S /X=C ' -OURT REPORTERS AND TRANSCRIBERS Iio's-/ t/ 9-y1323 RHODE ISLAND AVE., N.W.(202) 2S44433 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 APPEARANCES:
ON BEHALF OF PSEG AND(JEFF KEENAN Assistant General Solicitor PSEG Services NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433 WASHINGTON, D.C. 20005-3701 jL-www.nealrgross.com 1 PROC E ED I NG S 2 (9:46 a.m.)3 SPECIAL AGENT TEATOR: Today's date is 4 June 10, the year is 2004. My name is Jeffrey Teator.5 I'm a Senior Special Agent with the NRC's Office of 6 Investigation.
It's approximately 9:46 in the 7 morning.8 This morning, I am doing a reinterview of 9 This interview is taking place in the 10 Human Resources Department, in the Building TB2, at 11 Salem Hope Creek Nuclear Generating Station.12 this is a reinterview of you.13 Again, it's voluntary.
Knowing it's voluntary, do you 14 wish to go forward?15 Yes.16 SPECIAL AGENT TEATOR: Okay. And do you 17 have any objection to providing sworn testimony?
18 No, not at all.19 SPECIAL AGENT TEATOR: Raise your right 20 hand for me, please?21 do you swear that the 22 information that you are about to provide to me is the 23 truth, the .whole truth and nothing but the truth?24,Yeiis 25 SPECIAL AGENT TEATOR: Okay. You're 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 represented by counsel today. Counsel is the 2 representation the same as. it was during the initial 3 interview of 4 MR. KEENAN: Yes, it's the same 5 representation.
6 SPECIAL AGENT TEATOR: Okay.- is 7 that your understanding?
8 it is.9 SPECIAL AGENT TEATOR: Okay. You want to 10 go forward with counsel present?11 Yes.12 SPECIAL AGENT TEATOR: All right. Okay.13 You're still considered a fact witness in the 14 investigation.
Although you were involved in 15 discussions and directions given to you by your 16 managers, about moving up 17 Kim Harvin's last day here, at this point, I still 18 consider you a witness in the investigation.
19 0 a 20 SPECIAL AGENT TEATOR: All right. I want 21 to talk about a couple of areas if we could to kind of 22 finish up here on the March 18 through March 28 time 23 period.24 Sure.25 SPECIAL AGENT TEATOR: So that's where I'm m 4 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 going to begin. Now, you testified to me earlier that on March 18, 2003 there was a meeting during which d you had a meeting after a meeting involving a larger group of HR people; is that correct?SPECIAL AGENT TEATOR: And you testified that during this meeting between and yourself, you were directed by them to move up Kim's last day.SPECIAL AGENT TEATOR: Is that correct?And the direction was that her last day was to be that Friday, March 21, 2003; is that correct?IYes. I think the conversation was, "Make it happen by the end of the week," which would have been the 21st.SPECIAL AGENT TEATOR: Okay. All right.Now, did you communicate the direction to anybody down here at the site?I can't remember a specific conversation, but it sounds like something that I would be talking to about the date being the 21st of that week, but I don't remember a specific NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com
'U, 6 1 conversation.
As I looked at my calendar week, that 2 was -- well, the whole month was the month of hell, 3 but that particular week was very, very busy. The 4 '19th we had an offsite, we were at the training 5 center. I had an arbitration prep on the 20th and, 6 like I said, an IR meeting. So I'm not sure if I had 7 a specific conversation wit o about what 8 I was asked to do.9 SPECIAL AGENT TEATOR: Can you tell me 10 where you were at on the 19th or March 2003?11 sure.12 SPECIAL AGENT TEATOR: I mean you're 13 looking at your calendar.
Where were these meetings 14 on the 19th?15 )Okay. The 19th, this is out 16 at the training center.17 SPECIAL AGENT TEATOR: Okay. In Salem.18 Ys 19 SPECIAL AGENT TEATOR: The backside of 20 Salem. All right.21 Yes. So these were a series 22 of meetings for Ch mistry and Ops which were 23 characterized as an intervention.
So there were a /6_24 number of issues between Salem Ops and the Union.25 Same way with Salem Chemistry and the Union. So we NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.neatrgross.com 7 1 had set up well in advance of this a meeting to try to 2 resolve some of those differences.
So as I remember, 3 _ and were down, we had the station 4 management, myself. So as I 5 looked around -- or trying remember around the room, 6 there were quite a few people, maybe 12, 15 people or 7 something for these meetings.8 SPECIAL AGENT TEATOR: Right. I guess 9 what's bothering me a little bit is --10 Sure.11 SPECIAL AGENT TEATOR: -- why -- it 12 doesn't appear that any -- that you took any 13 substantive action to make that happen by the 21st, by 14 the end of the week, that meaning having Kim's day 15 moved up by the end of the week. I'm looking for an 16 explanation there, and I'm -- what is your 17 explanation?
I'm just thinking to myself, and hear me 18 out, you're being told by the 19 .)your told by your immediate supervisor, )20 1)to make this happen by Friday. All right.21 Fine. I mean everybody's busy all the time, and I 22 understand that, but -- and I'm not being -- I'm not 23 looking to be critical of you. I'm trying to get an 24 understanding of what you did to make that happen, and 25 if it didn't happen, why? Well, it didn't happen.NEAL R. GROSS .COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 2344433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 8)Right. That's a fact. I did 2 -- like I said, it was an extremely busy week, and 3 sometimes I'm a little head strong or whatever you 4 want to call it. So if I'm looking at my schedule and 5 say I can't make it happen this week, it's Monday or 6 Tuesday is just as good or whatever.
I'm not saying 7 I made a conscious decision to ignore what they told 8 me to do. All I'm saying is that I got tied up in the 9 week and it didn't happen like it was supposed to.10 SPECIAL AGENT TEATOR: Did you make any 11 attempt to telephone Kim to tell her about that?12 No.13 SPECIALAGENT TEATOR: Why not?14 -9 Because it would be my 15 responsibility to be here. And tell you candidly, I 16 wanted to be here or around when that was happening.
17 I knew it was -- or I believed it was going to be a 18 difficult separation, and I wanted to be here to make 19 sure that if I didn't oversee it, I was certainly here 20 and available.
21 SPECIAL AGENT TEATOR: Why did you think 22 that it was going to be a difficult separation?
23 I got a sense through all of 24 this that Kim did not want to leave, and I think she 25 was making every effort through her communications K NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 9 I with d everyone else that it was her 7 2 belief that she was needed, she should stay, and I 3 believe that she was going to work very diligently to 4 make that happen and for somehow to stay and remain 5 with PS even though the decision had been made, like 6 I said, months ago that she was going to be separated.
7 And that pretty much bore out through the 8 conversations through that week, the next week, and 9 the day before she was supposed to leave she said, "I 10 can't leave. I got more things fromwko-do," and 11 whether the word is "directive" or whatever is I said, 12 "No, Kim. Today is your last day, and we'll stay and 13 we'll make that happen." It was originally scheduled 14 for 10:30 in the morning on Friday and she kept on 15 procrastinating and procrastinating, and I told 16 said, "We're staying till midnight if we 17 have to because this is happening today." 18 SPECIAL AGENT TEATOR: Right. Okay. Does 19 handle most of the final meetings with the 20 employees when they're separated?
Does she do most of 21 those?22 .'0.MI or both.23 SPECIAL AGENT TEATOR: Okay. So then my 24 question is going to be, all right, you're busy both 25 Thursday and Friday. You're not getting to making NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 10 1 that happen. Why didn't you have or direc t( or 2 /o have that communication with Kim Harvin?3 )Because you usually want to 4 have that conversation too far in advance of their 5 actual separation.
6 SPECIAL AGENT TEATOR: Well, you're 7 talking two days, though.8 es.9 SPECIAL AGENT TEATOR: Okay.10 .And I wasn't here on that 11 Friday, so I had an -- on that Friday, the 21st, I had 12 an arbitration up in Mount Laurel, so I wasn't there 13 that Friday.14 SPECIAL AGENT TEATOR: You weren't here at 15 all that Friday.16 No. No. In fact, if I 17 remember right, I think I called * ) to set up the 18 meeting with Kim, I think it was, the following Monday 19 or something.
20 SPECIAL AGENT TEATOR: Right.21 MR. KEENAN: Would it be helpful to try to 22 ascertain UV-#V )schedule during that time 23 period? I mean that's something that we haven't -- I 24 don't have.25 SPECIAL AGENT TEATOR: Right.NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 11 1 MR. KEENAN: I don't know how hard it 2 would be to obtain but that might help refresh your 3 recollection on whether they were available.
4 el Wel, you can look, but I'm 5 just telling you I don't remember directing r 6 7 )o do that. So I mean you could look at their 7 schedule, but I'm not laying it off that they weren't 8 available.
9 SPECIAL AGENT TEATOR: Right.10 MR. KEENAN: My simple point was if you 11 knew at that time period that they weren't available, 12 that might have been a reason why you wouldn't have 13 contacted them.14 SPECIAL AGENT TEATOR: Yes. Okay.15 MR. KEENAN: But I simply don't know that 16 one way or the other.17 SPECIAL AGENT TEATOR: Right. I might 18 want that. Let me think about that, okay?19 MR. KEENAN: Yes.20 SPECIAL AGENT TEATOR: See, I'm just --21 I'm not struggling but I want to have a clear answer, 22 and I need a clear answer that the decision to move 23 her up was made on the 18th.24 Yes. I don't know how to 25 assure you.' I personally know that that's when the NEAL R. GROSS : COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com v
12 1 decision was made, but I mean I don't know how else to 2 reassure you of that.3 SPECIAL AGENT TEATOR: Okay. Now, you 4 said you attended a meeting on the 19th, March 19th, 5 and we had a discussion prior to going on the record 6 about that. Can you go ahead and tell me how that's 7 relevant to what we're talking about today?8 I believe it's relevant 9 because it was about Kim's assignments being over and 10 her not recognizing that her assignments are over. So 11 on the 19th, as I said earlier, there was, I'll all it 12 an intervention.
There were two interventions, one 13 for Chemistry and one for Ops. so you had the 14 management for both in attendance at those meetings, 15 one at 7:30 to 12, and the other one started after 16 lunch.17 SPECIAL AGENT TEATOR: You're looking at 18 your calendar.19 Yes. Yes.20 SPECIAL AGENT TEATOR: Okay. Go ahead.21 And as I recall, Kim showed up. So this is outside of 22 the training by the -- well, you don't know the area, 23 but Training Department, right outside of the 24 cafeteria there. The room was immediately next to the 25 cafeteria, and Kim is there in advance of these 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 meetings.
So I think it was a no I, i tw 2 look around and say, "Well, what's she doing here?" 3 "I don't know. I didn't invite her." And then 4 ..aid, I'll take care of it." /ent and he 5 talked to Kim and basically he told her that she 6 wasn't welcome in the meeting, and she didn't attend 7 the meeting.8 SPECIAL AGENT TEATOR: Okay. If you saw 9 Kim there at that meeting, why didn't you take some 10 time to go tell her about the decision to move up her 11 date?12 ,1 I don't know. I didn't think 13 about it. But it would have been the next day; yes, 14 you're right.15 SPECIAL AGENT TEATOR: Well, you were told 16 the day before to make it happen by the end of the 17 week, and then you see her on the 19th at this meeting 18 out in the Training Center, so I'm looking for an 19 explanation as to why you didn't tell her then.20 Because I couldn't -- I mean 21 as I'm looking at this calendar, I couldn't make that 22 happen. I wasn't here for Friday. If I'm tied up all 23 day on the 20th, I don't know that I could have made 24 it happen. Like I said, I wanted to be available, 25 much as I was on the following Friday the 28th, 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 14 1 I was available to help or assist in the separation if 2 I had to. All I'm saying is that, and maybe it would 3 have been better to have that conversation, but I 4 wasn't prepared to actually out-process her on the 5 21st. I wasn't here.6 SPECIAL AGENT TEATOR: and 7 do the out-processing?
8 Yes.9 SPECIAL AGENT TEATOR: Not you.10 That's correct.11 SPECIAL AGENT TEATOR: All right.12 .That's correct. But I was 13 here as a resource available as to manage an event.14 It got difficult.
I personally want to be available 15 for some of these more difficult separations.
I've 16 been through some difficult separations.
I just have 17 more experience than r' .It's really that 18 simple.19 SPECIAL AGENT TEATOR: Okay. Well, then 20 why didn't you do the separation meeting with Kim on 21 Friday, the 28th if that's true?22It was clear that I wanted to 23 keep it as, let's say, cordial as possible.
It was 24 clear by this time that Kim and I were probably not on 25 the best of terms. Ever since the conversations she 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 1 /18 19 20 21 22 23 24 25 had with4NWa--
or I had with"A the prior month, in February, I think she resented it. She felt as though I owed her an apology for telling#* hat she was going to be laid off. And, like I said, I won't say that we ever had a relationship but our interactions were somewhat strained.SPECIAL AGENT TEATOR: I hear what you're saying but it's not adding up to me.okay.SPECIAL AGENT TEATOR: If you wanted to make sure you were here for the separation but then you don't participate anyway on the 28th and you say that that was part of the reason for not getting with her before the 21st to say, "The 21st is your last day," because you're not going to be there. Well, on the 28th you're here and you don't do the separation t-meeting anyway. It just doesn't add up to me. And maybe I'm misunderstanding something, but it sounds like a little bit of a conflict to me.Yes. I mean you're certainly entitled to your opinion.SPECIAL AGENT TEATOR: Right. I'm looking for answers. I need answers as to why things happened, and this answer is not real clear to me.I mean as far as the NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com v
16 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 separation, "Turn in your stuff," that sort of thing, ,/A well, you know where( ffice is, right?SPECIAL AGENT TEATOR: Right.Well, here, I'm right next door, and I had a lnd )both do the separation.
SPECIAL AGENT TEATOR: Is that unusual, having two people do it?SPECIAL AGENT TEATOR: Okay. All right.What happened in February between you: M nd Kim that -- it sounds like you're saying that caused your relationship with Kim to not be as good as it was before.SPECIAL 2GENT TEATOR: What happened?.. ) Well, I never would characterize us as having a strong relationship or whatever, but in the February time frame we were prepping for the discharge of so his is a bargaining unit discharge surrounding.a SPECIAL AGENT TEATOR: Right. Okay.In the course of our prepping, we reviewed.
emails. I came across emails 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 25 171 where Kim was continuing to correspond with 9 even after his discharge.
I'm concerned or was concerned about those from a National Labor Relations Board issue and just what appeared to be impropriety of her trying to again interject herself in a process where this person had been discharged and she was still having communications with this-guy.SPECIAL AGENT TEATOR: Okay."ag So in the course of our prep, the arbitration prep, obviously these emails came out, we were studying, all preparing for the arbitration and then had those discussions with our Labor Counsel, d the implications of this, and aid he would take upon himself to talk to Kim. And Kim, I think, resented that her layoff was announced or whatever, because I think she was trying to keep it very quiet or secretive or something.
SPECIAL AGENT TEATOR: So you toldýýthat Kim was going to be laid off, effective sometime in the near future?Yes. He had to know that for the arbitration prep, so all of a sudden --SPECIAL AGENT TEATOR: But I'm trying to get to why Kim was upset with you from what 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 7C_
1 >)Yes. And I didn't really get 2 it either, because it was -- I mean she was going to 3 be laid off, her position was eliminated, and yet she 4 was somehow, like I said, trying to keep it quiet or 5 like it wasn't happening, I don't know.6 SPECIAL AGENT TEATOR: All right. Let's 7 go back to this meeting on the 19th out in the 8 Training Building.
Did you have an opportunity to 9 tell her there when you saw her or did you see her 10 from a distance?
I'm trying to understand, "Gee, 11 there's Kim. Maybe I should tell her now. My boss 12 wants me to get this done by the 21st." Here's an 13 opportunity the day after you're told. Tell me why 14 you didn't tell her that then.15 To tell you the truth, I 16 didn't even think about it. I mean to answer your 17 question directly, did I have an opportunity, yes, I 18 had an opportunity.
I mean I saw her, she was 20 feet 19 away. I could have walked over and had that 20 conversation.
So I didn't have a conscious thought 21 about, "I should be telling Kim that now." The other 22 thing is you have to understand the timing, the 23 setting, that sort of thing. So in these potentially 24 volatile situations, you're not going to tell somebody 25 in the middle of a cafeteria, "Oh, by the way, you're 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 going to be laid off on Friday," particularly where your concerned that there's going to be concern on her part.And you also have to understand that during this time frame I was also separating a number of other people associated
-- I mean you ha* 0 and everybody else. So I mean I had -- when I do these separations, there's a process that I go through, I mean the setting and where you have it.It's not just, "Hey, come in here, you're'losing your j ob. " SPECIAL AGENT TEATOR: Is that a reason why you didn't tell her then because of the setting?I did not have -- I'm just telling you, I'm looking you straight in the eye, I didn't have a conscious thought I should be telling her now that she's being laid off. So I didn't think to myself, "No, I'm not going to tell her now because of the setting." I didn't think about it at the time.SPECIAL AGENT TEATOR: Okay. All right.On March 20, 2003, you had a meeting withfw ais that correct?) Well, I was part of a larger meeting with SPECIAL AGENT TEATOR: Okay. I'm sorry.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 ~I* o w 20 1 So who else was at the meeting? Was "M here?2 Yes. as there. And 3 it's not on my calendar, but I'm trying to remember, 4 because we had a couple meetings of IR meetings.
I 5 don't know if --6 SPECIAL AGENT TEATOR: IR, Industrial 7 Relations?
8 7) Industrial Relations.
9 SPECIAL AGENT TEATOR: That's what this 10 meeting wit i*RNyas about on the 20th?11 ot ) Yes. Again, if you look on my 12 calendar on the 18th, it says discussion of meeting on 13 3-20 with .So the genesis of that 14 meeting was an Industrial Relations meeting and there 15 were some bumps between C and Corporate HR 16 throughout this period. So I-mea ._Wis getting 17 close to his leaving date. Corporate HR and 18 were bumping, Jwas pushing back on them. So 19 there was some conflicts, and I was a little bit 20 caught in the middle on some of these Industrial 21 Relations, and was still pushing on the Union 22 and some other things, and the Corporate HR folks were 23 in the process of easin out.24 SPECIAL AGENT TEATOR: So at this meeting 25 on the 20th, at some point in the meeting, did you NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 2344433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 21 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 have a discussion with bout Kim Harvin?Yes. It was as I remember, it was a very -- I wouldn't even call it a brief meeting, it was a discussion.
So we finished our meeting. As I remember, we were getting up to leave, okay?SPECIAL AGENT TEATOR: Right.I. think ( was -- I don't know if d was still in the room or not but I mean we were -- you know, people are leaving, it was up in room. Kim is supposed to be leaving this week. Do you have any work or something that she's doing, " and he says,"Yes." He says, "No, There's nothing for her to do. I haven't given her any assignments.
Basically, there's no work left for her to do." And then I think he said something about, "Yes, we talked." So when you me in the earlier conversation di and she talk, that's why I'm thinking that she and had already talked and he said something about, "She talked about who laid her off," and he said, "I'm responsible for her lay off," and I said,"But you don't have you any work for her to do or anything now?" He said, "No, There's nothing." He says, "You may want to double check with 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
[4'u 22 1 says, "but as far as I know, there's no assignments," 2 because there were plant assignments he said she had 3 to go to before, and he said, "I don't have any work 4 for her." 5 SPECIAL AGENT TEATOR: At a couple 6 different times, you went to 7 and he told 7 you the same thing.8Yes.9 SPECIAL AGENT TEATOR: And when she tells 10 you, what you testified before, was that, has 11 given me work. I have things to do for( and you 12 go check that out with and you find that's not 13 true.14 ) Yes. And I can' t remember 15 exactly if I had one'or two conversations with 16 but it seemed like just in talking to Kim it was 17 bouncing me around. I just got the sense that I was 18 getting bounced around by her, "Well given me 19 work, "M ven me work," and I'm just telling you 20 I got a sense that she was trying to manipulate me so 21 she wouldn't be out-processed or whatever.
That's the 22 sense that I got. And by the way, I mean I got the 23 same sense when I was talking to&j ý so you asked 24 about did we believe that this might be a difficult 25 separation.
I believed that it was going to be 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 23 1 difficult separation.
2 SPECIAL AGENT TEATOR: All right.3'4 SPECIAL AGENT TEATOR: Okay. It's 10:08.5 We're going to take a short break.6 (Whereupon, the foregoing matter went off 7 the record at 10:08 a.m. and went back on 8 the record at 10:15 a.m.)9 SPECIAL AGENT TEATOR: It's 10:15, we're 10 back on the record. A couple more areas here. Again, 11 we're talking about the same time period, okay? When 12 you had the discussion wit on the 20th of March 13 about Kim, did you tell him that Friday the 21st was 14 going to be her last day?15 I think we said we're moving 16 it up. I don't know if I said tomorrow's her last day 17 or not. I don't believe that I did now that I'm 18 thinking about it.19 SPECIAL AGENT TEATOR: Okay.20 C 9 I'm just looking into my head.21 So if that's on Thursday, I know I have an arbitration 22 on Friday, and I don't have it set up, I don't know 23 that I told that tomorrow is her last day.24 SPECIAL AGENT TEATOR: Okay. When you 25 told t that Kim's date was being moved up, did he NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 2344433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 24.1 ask why?2 I don't believe he did.3 SPECIAL AGENT TEATOR: Did he ask who made 4 the decision?5 81 1I think it was a collective 6 we, meaning HR.7 SPECIAL AGENT TEATOR: Okay.8 -, But did he ask that question, 9 who made that decision, I don't believe he did. I 10 really don't know. I shouldn't say he didn't. I 11 don't remember him saying, "Well, who made that 12 decision?" 13 SPECIAL AGENT TEATOR: All right. Did he 14 object to her date being moved up?15 No. Because he understood the 16 context, and, by the way, you know I objected to the 17 word, "accelerated" or "moved up," so I still make the 18 same objection.
It's that if your work is done, your 19 work is done. So I mean you can -- you can move the 20 'date up, but if your,work's done, your work's done, 21 and you leave the site. I mean it's really that 22 simple.23 SPECIAL AGENT TEATOR: Not to her it 24 wasn't, though.25 No. I'm sorry.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
25 1 SPECIAL AGENT TEATOR: No, that's all 2 right. I understand.
But I mean -- to her I think it 3 was a surprise.
So did~Jobject to moving her 4 date up to -- her last date up?5 No. Because if he did -- I 6 mean(!00is the ultimate decision maker, so I mean 7 if. ays, "No, she has work to do," -- so let's 8 just go with that conversation.
Isays, 9 can't. She has this, she's working on an NRC report, 10 she's helping me with this intervention next week. I 11 can't let her go." I go back and say, and 12 she has a lot of work to do. There's a lot of"'I.13 things on her slate, and we can't" your words, "move 14 that up or accelerate that, because she has work to 15 do." What moves it is if you have work to do or not.16 That's what really drives it.17 SPECIAL AGENT TEATOR: And you asked* 18 if he had anything for her, and his answer was no.19 Rgt 20 SPECIAL AGENT TEATOR: Right?21 Rgt 22 SPECIAL AGENT TEATOR: Is that correct?23 WA Right.24 SPECIAL AGENT TEATOR: All right. Did you 25 tell -- think about this now -- did you tell anyone NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 2344433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 26 1 that the 21st was going to be Kim's last day?2 I've been thinking about that, 3 and I was hoping 'that I told or: I don't 4 remember having a specific conversation that the 21st 5 was her last day. The way this works is that we had 6 a number of conversations, ,42M )a WInd I, as far 7 as how does this happen, how do we make this happen.8 I wish I had a specific recall as to, "Hey, it's 9 supposed to happen on Monday and, " like you said, "you 10 guys make it happen." I don't remember having that 11 specific conversation with 12 SPECIAL AGENT TEATOR: Okay. Could you 13 have told them that the following week, "Hey, this was 14 supposed to happen last Friday. We've got to get it 15 done." 16 That's what I think the 17 conversation was, "Hey, I didn't do what I was is supposed to. We've got to make it happen this week." 19 SPECIAL AGENT TEATOR: Okay. All right.20 All right. I've interviewed you twice now, but is 21 there anything you can tell me or provide to me in 22 writing to torroborate the fact that the decision to 23 move up Kim's date was made or you got the direction 24 to make that happen f. the 18th.25 Is there anything you can offer me to corroborate 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 27 you were given that direction that day, other than what you testified to?Nothing other than my testimony and making the assumption you would talked to -about that as well. So I would hope that they would confirm what I told you, because that is the truth. I know what happened at the end of that meeting, and that's the truth.SPECIAL AGENT TEATOR: Okay. Is there anything in writing that you could offer up to corroborate that?No, nothing other than the calendai .and my recollection, or recollection.
The other thing, and just so you know the tone, there was a desire to get Kim off the site, even in advance of this date.SPECIAL AGENT TEATOR: Why?Because of a variety of things. You got to remember what's happening.
eaving, she's tied to'01 M__- _ý_gone, she's going to be gone, and that was probably from the last quarter of 2002 moving forward. There was a belief from the HR perspective, mine as well, that she was not, how can I put this correctly, that she wasn't NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com
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28 1 good for the site, she was not necessarily advancing 2 the issues that we wanted, bringing rapport to the 3 site.4 Unfortunately, probably at least the last 5 six months or whatever, there were two things going 6 on. The first is probably from- 7 Kim was part of the senior leadership team and part of 8 that team. A number of managers who spoke to me, the 9 Union or whatever, they believed that she was, quote, 10 "a spy" for" So I saw her role her as almost 11 divisive between 0 and the rest of the site.12 There were people that felt her behavior was extremely 13 odd, myself included, and the HR folks, even 14 predecessor tov ) felt she was not contributing 15 to the site. We felt it was an aberration that she 16 was getting $2,000 a month in expenses.
I mean those 17 things are just hard to account for. I mean that was 3.8 ,call and he authorized the payment.19 So you have a couple of dynamics going on.20 There are people thinking she's not good for the site.21 Peggy had the issue with her expense reporting, so she 22 wanted her off the site. Frankly, yes, in February, 23 I said, \do you want me to do an investigation, 24 because, personally, I think she should be 25 discharged," and said, "No. She's leaving 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 1 anyway. Let's just let it go." So I talked 2 in advance of this at other times and )was like, 3 is she going? Is she gone yet?" So those 4 were the conversations.
It was not a complete 5 surprise on the date of the 18th. It was like, "Let's 6 get her off," because I was being pressured like, "Why 7 is she still here?" 8 SPECIAL AGENT TEATOR: Okay. You said 9 that mangers at the site thought Kim was a spy and was 10 divisive.
Can you give me some names of people who 11 told you that?12 There was probably two camps.13 Some thought she was okay, so that would be 14 (S I nd a few people that thought she 15 was okay on an individual basis. And then again you 16 even have to worry -- it's on the record but there 17 were even innuendo wit1"01 is there anything going 18 on there? I don't know if anything happened there or 19 not.20 SPECIAL AGENT TEATOR: That's talking 21 about her relationships?
22 Personal relationships.
23 SPECIAL AGENT TEATOR: You mentioned that 24 managers thought Kim was a spy and divisive.
I wantfl 25 to find out who those people are.NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com
.° 30.1 All right. 2 IONA You 3 may want to talk to- who works for you guys 4 now. He was the at the time. And I 5 don't have -specific names, but probably other 6 superintendents, myself, the Union. So I mean if you 7 were to canvass the whole site and get a perspective, 8 you would get probably two perspectives:
A small 9 group of people that thought she was okay helping on 10 an individual basis. Like I said, that might have ii been. And then I think if you were to 12 canvass the rest of the site, you would get the people 13 who were unfortunately mocking her. She was Dr. Love.14 .There's another example. I walked into a 15 meeting over the Processing Center, so it was 16 Operations, Union, Kim was sitting there, myself, and 17 as soon as I walked in, a couple guys on the other 18 side started laughing.
So at the break I said, 19 "What's going on?" I thought they were laughing at 20 me. And I think it was -- it might have.21 been -- I think it was ,)22 or and they started laughing, and they said, 23 we never saw. and Dr. Love in the same 24 room. We were wondering what would happen." (25 ecause I do a number of separations.
That's my j NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 31 1 nickname.
So this is months in advance of this.2 But all I'm saying that's what was really 3 -- that's my belief. That's what was really going on 4 on the site. So people were mocking her, making fun 5 of her, and she didn't recognize it that a lot of 6 people didn't think she was contributing to the site.7 SPECIAL AGENT TEATOR: Okay. It's 10:26.8 We're going to take another short break, then we're 9 going to finish up.10 (Whereupon, the foregoing matter went off 11 the record at 10:26 a.m. and went back on 12 the record at 10:33 a.m.)13 SPECIAL AGENT TEATOR: We're back on, it's 14 10:33. During the break, )you and Jeff got: a 15 copy of .... calendar for March 2003. What 16 does it show on her calendar for March 20?17 'O I calendar shows 18 an arbitration prep for on the 20th, starting 19 at nine and ending at three o'clock.20 SPECIAL AGENT TEATOR: Okay. What does it 21 show for the 21st?22 The 21st is 23 arbitration.
I had forgotten that )and I both 24 worked on this arbitration, so jLwould have been 25 with me up at Mount Laurel as well. So, obviously, NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com
.o 32 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 both of us were offsite that day.SPECIAL AGENT TEATOR: Okay. All right.I don't have any other questions at this point. Jeff, is there something you want to go over with your client?MR. KEENAN: No, nothing further.SPECIAL AGENT TEATOR: Okay. It's 10:33.This interview is concluded.
Thank you.(Whereupon, at 10:33 a.m., the Interview of )was concluded.)
NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.WASHINGTON, D.C. 20005-3701 (202) 234-4433 www.nealrarm.-.
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