ML062790477

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Exhibit 2 Case No. 3-2002-004, Office of Investigations, Interview Regarding fitness-for-duty Concern at Kewaunee for a Refuel Outage in 2001
ML062790477
Person / Time
Site: Kewaunee Dominion icon.png
Issue date: 08/05/2002
From:
NRC/OI
To:
References
3-2002-004, 3-2002-020, FOIA/PA-2006-0113
Download: ML062790477 (62)
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{{#Wiki_filter:1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Informatiiin in accordiae Act, exemption FOIA-UNITED STA.TES OF AMERICA NUCLEAR REGULATORY COMMISSION OFFICE OF INVESTIGATIONS ......... INTERVIEW-- ------------------- x IN THE MATTER OF: : 01 Case No.INTERVIEW OF : 3-2002-004

X RADISSON HOTEL & CONFERENCE CENTER 2040 Airport Drive Green Bay, Wisconsin Monday, August 5, 2002 The above-entitled interview was conducted at 10:05 a.m.BEFORE: MARY KAY FAHEY Special Agent EXHIBfTL .ALS PRESENT: his recor was deleted PAGE.L. OF ith the Freedom of tK R. MCPHA siness Agenq NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS ..r.t w.4rln= ii akin &%/;: NW 2 P-R-O-C-E-E-D-I-N-G-S 2 (10:05 a.m.)3 Whereupon, 5 was called as a witness and, having been first duly sworn, 6 was examined and testified as follows: 7 SPECIAL AGENT FAHEY: Okay. For the 8 record, this is an interview ofL -M who was a 9 1 welder who was formerly employed by Day & Zimmerman 10 Nuclear Power at the Kewaunee Nuclear Power 11 Station.12 Today's date is August 5, 2002. The time 13 is approximately 10:05 a.m. This interview is being 14 conducted at the-Radisson Hotel in the Executive Board 15 Room at 2040 Airport Drive, Green Bay, Wisconsin. 16 My name is Mary Kay Fahey. I'm a special 17 agent with the U.S. Nuclear Regulatory Commission's Office 18 of Investigations in Region III. This interview is being 19 transcribed by court reporter Christie Wydeven. Also 20 present at Mr. request is Pat McPhail, Businesý21 Agent for the umbers & Steamfitters Local 400 out of 22 Green Bay, Wisconsin. 23 And the subject matter of this interview 24 is a fitness-for-duty concern at the Kewaunee Nuclear 25 Power Plant for a refuel outage in 2001, and Mr NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS .1323 RHODE ISLAND AVE., N.W.tomm 11A.AA4A %A1ACLJ11/N-rr~Tf M -u --V --n~., 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 2.2 23 24 25 was previously sworn by the court reporter at the beginning. Jnd prior to going on the record we just discussed the ground rules, Mr. that you must answer the questions, not Mr. McPhail. If there's anything you care to discuss before you answer a question, we'll go off the record and give you that opportunity. And if it looks like, based on your testimony, that Mr. McPhail has anything to add, I'll interview him separately. information. Okay. How about some background Date of birth?THE-WITNESS: SPECIAL AGENT FAHEY: Social Security SPECIAL AGENT FAHEY: Okay. Home number?address?MR.iii .Jir:~~~SPECIAL AGENT FAHEY: Home telephone number?(202) 234-4433 MR.SPECIAL AGENT FAHEY: And your employer?MR; J.F. Ahern.NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.WASHINGTON, D.C. 20005-3701 www.neqIrcrnrq nnm 4 1 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 SPECIAL AGENT FAHEY: I'm sorry?MR. J.F. Ahern.SPECIAL AGENT FAHEY: And when did you begin there?MR. ý March.SPECIAL AGENT FAHEY: 2002?2002." MR.3 SPECIAL AGENT FAHEY: Okay. And what's your title there or position?MR., Welder.SPECIAL AGENT FAHEY: Okay. Were you employed by 'Day & Zimmerman? MR. Was I? Yes.SPECIAL AGENT FAHEY: Yes.MR. SPECIAL AGENT FAHEY: And what were the dates you were employed?'Exact dates, I couldn't, tell you. That I spent pretty much from when they started off out at the nuclear facility until November, had a brief stint in there where I was gone for maybe a month or two, but for the most part I was out there the whole time they were there.SPECIAL AGENT FAHEY: Okay.MR. 4 They took over for Williams.*ý NEAL R. GROSS _COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.corn 1 2 3 4 5 6 7 8 9 10.11 12 13 14 15 16 17 18 19 20 21 22 23 24"25 5 Power.SPECIAL AGENT FAHEY: And that's 2001?MRAI'"/ Yeah.SPECIAL AGENT FAHEY: And where,'what plant were you employed at?MR. I was both, Point Beach and Kewaunee. Point Beach for the majority of the time;Kewaunee for the outage, pre-outage and outage. After outage, I went back to Point Beach for a couple, three weeks maybe, estimate.SPECIAL AGENT FAHEY: Okay. And position,welder:also? MR.J Welder:', yeah.Welder/fitter;.but welder qualifications.. SPECIAL AGENT FAHEY: And the reason why you're no longer employed by- Day & Zimmerman? MR. Well, when weleft'Point Beach,:we left mainly because of safety issues, had problems up in the cable spreading room. There were --exact numbers I couldn't tell you how many people,.but there was a handful of us that left.SPECIAL AGENT FAHEY: Quit?MR. Yeah. Issues were not taken care of that should have-been taken care Of.SPECIAL AGENT FAHEY: Okay. Was that in NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W9A WASHINr.T0N r) r ;nnng-Rln www.nealrrorss.com 6 1 early 2002 would you say?2 .MR. -: That was in, I believe, 3 November of --4 SPECIAL AGENT FAHEY: 2001?5 MR.. 2001. That was the last 6 time I worked there.7 SPECIAL AGENT FAHEY: Okay. When you 8 left. Kewaunee, did you leave there because the outage was 9 complete?10 MR. Pretty much. They were 11 wrapping up and then they needed me back at Point Beach.12 SPECIAL AGENT FAHEY: And is that typical 13 that you go -- the workers go back and forth?14 MR. They started doing that 15 now. They seemed like they've merged the two where 16 they're allowing -- transport them between the two of them 17. back and forth.18 SPECIAL 'AGENT FAHEY: Okay. All right.19 And when you went to'Point Beach frofn Kewaunee, was there 20 any problem in getting hired there?21 MR. No.22 SPECIAL AGENT FAHEY: Okay. But you've-23 indicated to Mr.-Heller at the NRC that subsequently 24 you've had trouble --25 MR. Oh, yeah.NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W. . 7 1 SPECIAL AGENT FAHEY: -- getting.hired in 2 nuclear power plants?3 MRAt any of them, yes.4 SPECIAL AGENT FAHEY: Okay. And where 5 have you had access denied?6 MR I've had them at Point 7 Beach and Kewaunee.8 SPECIAL AGENT FAHEY: And when roughly?9 MR When?10 SPECIAL AGENT FAHEY: Yes.11 MR 6 I believe it was November 12 we called back in there. Let's see. November, December.13 Oh, yes.14 SPECIAL AGENT FAHEY: Do you have a 15 letter indicating you were denied access?16 MR. Yes. This came from our 17 Jlocal hall.. February. I'm sorry.18 SPECIAL AGENT FAHEY: Okay.' And this is 19 a letter from United Association')of ZJourneymeri and 20 Apprentices of the Plumbing and Pipe Fitting Industry, 21 Local 400,. to MrQ rom Patrick McPhai1. On 22 February 11, 2002, several names were submitted to 23 Phillips Getchow, G-e-t-c-h-o-w, for employment at Point 24 Beach, and the union was informed that Mr. 25 not.be given access to the plant. This was in February of NEAL R. GROSS.COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2002. But after Point Beach?8 you left Kewaunee you did go and work at MR. Y Tn l SPECIAL AGENT FAHEY: Then you left there --MR.S L SPECIAL AGENT Yep.FAHEY:-- and you worked somewhere else?MR.Yeah, I went up to New Hampshire. SPECIAL AGENT FAHEY: And where did you work, in a nuclear power plant there?MR No, I worked at the powerhouse, non-nuclear facility cogeneration and then came back.SPECIAL AGENT FAHEY: And tried to get work?MR. Actually, no. When we were out in New Hampshire, the outage for Point Beach was going to be going and we called -- we were -- we're regular outage people, we go when the outages are, and we called to get back out to the nuclear facility, and we're not going to get out there.SPECIAL'AGENT FAHEY: Okay. Did you actually physically move back or you just got work while NEAL R. GROSS" COURT REPORTERS AND TRAN'SCRIBERS 1323 RHODE ISLAND AVE., N.W.Mtnusinr nll AA,~ ,nnu, 37 KcL I-- ýnA AAI)12na=1rtnrnqq rtntn 9 1 you were in Vermont -- in New Hampshire? 2 -j No, we called first to find 3 out when the outage was going to go on and what needed to 4 be done and finally friends of ours from Getschow called 5 us up and said, I don't think you're going to make this 6 one. I said, why is that? They said that you are going 7 to have problems with your access. At that point I called 8 Pat, our business manager, asked Pat McPhail, business 9 manager, asked what the problems --10 M. Agent.11 MR. agent, sorry,;'business I 12 :agent, and I said I heard that I've got problems with 13 access. Is this true? Pat said he was going to check 14 into it. IPat checked into it; said yeah, it seems like 15 you've got some problems', some issues. At that point, 16 working at the Beach, we knew everybody pretty well. I 17 just called Darlene-Peters up and said, Darlene, what's 18 going on? I hear I got problems with my access. She 19 goes, yeah, there's an investigation going on- Your name 20 has been brought up and right now we've got you on, quote, 21 "red flag." I asked her what red flag. meant and she just 22 said, well, you're one of the people that we're looking at 23 and we're-just getting information from. At that point I 24 asked how long it-was going to be. She Said, oh, it 25 shouldn't take long. A couple weeks you should be all NEAL R. GROSS Y COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W./117M WAJH)Nr.T0 n r Pnnr5q7ni www.nealfaross.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 10 right. 'I called Pat back, and ever since still been -- up until I think last month I've been -- I was on red flag for eight months. Finally got an~official denial like last month.employment? SPECIAL AGENT MR. AGEN SPECIAL AGENT longer be hired?MR.SPECIAL AGENT.time frame on this one. I was in a year..FAHEY: Official deniall for Yeah. June 28th.FAHEY: Saying you will no Yeah.FAHEY: Ever?I don't think they had a told that we could reapply SPECIAL AGENT FAHEY: What's the reason in the --MR. But it was not --SPECIAL AGENT FAHEY': I'm sorry, what's the reason in-the letter?MR. They said that -- let's see if I can find that. )"Background information has developed adversely-reflecting trustworthiness and reliability..,) SPECIAL AGENT FAHEY: Okay. Can I get a copy of that before we leave here today?MR.: Yes, you can.-C.NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W. n e% 1A/AAA~i nanIrnrncQ rnm 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 11 SPECIAL AGENT FAHEY: And I'd actually like a copy of this other letter if I can.MR. Okay.SPECIAL AGENT FAHEY: All right.MR.R There was another letter that I had -- I don't know if.I can talk now.SPECIAL AGENT FAHEY: Go ahead. On the record.MR.*ý When this first came about, I knew that there would be problems for several people. I sent a letter to all the people that I thought may be involved and notifying them-that they should contact Point*.Beach security Division and.see what they had to do to get ireinstated'. SPECIAL AGENT FAHEY: Do you have that copy of Mr. s? Do you have a copy of that?SMR. iNo, I was out of town.SPECIAL AGENT FAHEY: Okay. Maybe we can get a copy of that also from you.MR. cPHAILk- Yeah, I have one in the office I believe.SPECIAL. AGENT FAHEY: And I gave you my business card. I think my f&x number is on there.MR. ,cPHAI A Okay.SPECIAL AGENT FAHEY: If it's not, I'll NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W. 12 1.2 3 4 5 6 7 8 9 10 11 12 i3 14 15 16 17 18 19 20 21 22 23 24 25 give it to you before we finish...Okay. And prior to going on the record,did you have the opportunity to read this NRC form of NRC Advisement On Identity Protection? MR. es, I did.SPECIAL AGENT FAHEY: And you went ahead and signed that form and dated it today?MR. Yes, I did.SPECIAL AGENT FAHEY: And I'll provide you with a copy of that before we leave -today, too.MR. Okay.SPECIAL AGENT FAHEY: And you understand.in order to investigate your. complaint about not being hired that we're going to have to release your name?MR. That's fine.SPECIAL AGENT FAHEY: And you want to go ahead with that?MR. Yeah.SPECIAL AGENT FAHEY: All right. What I'd like to do is discuss this incident chronologically. MR. Yeah.SPECIAL AGENT FAHEY: What happened at Kewaunee'in 2001? Then that'll kind of bring it up to date with why you're not getting hired today.MR1, 0 Okay.NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS .1323 RHODE ISLAND AVE., N.W...... AA wAqiN1(.rn n r 00n0.53701 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 13 SPECIAL AGENT FAHEY: All right. If you don't mind. Okay.. During the 2001 outage atl Kewauneei did you raise fitness-for-duty concerns about another employee?MRPI Yes, IOy.SPECIAL AGENT FAHEY: okay. And who was that employee?SPECIAL AGENT FAHEY: And what position did he hold?MR. He was an ISI supervisor, I believe.SPECIAL AGENT FAHEY: And SIkmeans nservice inspection? MR. Yeah. Basically wash pipe,.check for cracks, fractures, faults.SPECIAL AGENT FAHEY: Okay. And why did you report him or why did you raise concerns?MR. Because he smelled of alcohol.SPECIAL AGENT FAHEY: Okay. Anything I else about him?MR.. No, not really.SPECIAL AGENT FAHEY: Speech slurred?NEAL R. GROSS 2 COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W. 14 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 impairment? MR. No.* SPECIAL AGENT FAHEY: Any other signs of MRS. A No.SPECIAL AGENT FAHEY: Did you feel he was impaired?MR. .No. But I'm really not qualified to, you know -- I went through that once before with Mr. Cleveland and I -- I don't claim to be a doctor, cop. I just know he -smelled of booze, alcohol.SPECIAL AGENT FAHEY: Okay. And would this be in the morning?MR. Yeah, most of the day.SPECIAL AGENT FAHEY: Okay. And was he, Mr. your supervisor? MR. No He was my supervisor for about a week. They brought him out as a supervisor. We used to have a -- I'm trying to think of how to explain it. We used to have a way of getting people. If you wanted to get a certain person out to a job site, and he was.a supervisor out there quite often, Kewaunee was very happy with what he did, you can call for supervisors off our hiring list so you can bring him out.SPECIAL AGENT FAHEY: Off the union list?MR.. -yes.NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.ThE 15 1 2 3 4 5 7 8 9 10 11 12 13 14 15i 16 17 18 19 20 21 22 23 24 25 SPECIAL AGENT FAHEY: Okay.-MRA That way you can get the people you need to have in the qualified positions, which makes sense. They didn't have an opening, really, for a worker at the time so they just brought out a supervisor and they let him stay idle for. about a week. They found work for him basically and they did. So they set him up as our overseer for about a week. That was myself;a SPECIAL AGENT FAHEY: Okay. And just for the record, is also known as MR. It was ~when we' were working. together. It.was NUMN~after he left. So let's use him as because I'm easier with that.SPECIAL AGENT FAHEY: Okay. Roughly when did you raise the concerns about MR. .I think it -- he was around us for about a week. Probably a couple weeks after he was there, a week and a half. I'd say a couple weeks. This is all going.to be a good guess, estimate. This has been almost a year ago now when this all went down.SPECIAL AGENT -FAHEY: Was this actually during the outage or are we still pre-outage? MR. Pre-outage. I thinklI was NEAL.R. GROSS COURT REPORTERS AND TRANSCRIBERS a 1323 RHODE ISILAND AVE., N. 16 1 over there sometime in July.2 -SPECIAL AGENT FAHEY: But it was not 3 during that week he supervised you?4 MR No.5 SPECIAL AGENT FAHEY: It was shortly 6 after he --7 MR We didn't see him the week 8 he supervised us. a nice man, a simple man, but 9 he was a nice man. He was out of his realm when he came 10 to supervise the.guys he was supervising. Put it that 11 way.12 SPECIAL AGENT FAHEY: All right. What 13 kind of interaction did you have with him?14 MR Limited. Like I said, 15 -- we worked this job for probably, I don't know, a 16 few weeks before ot there so we had a pretty good 17 grasp on what was going on and then to have somebody come.18 in and try to tell us after just looking at prints, hey, 19 you guys should be doing this, we just' kind of said, hey, 20 you should probably go somewhere else. We're all right.21 We know why you're here.22 SPECIAL AGENT FAHEY: Now, did you notice 23 the smell of alcohol that first week when he supervised 24 you?25 MR. No, not that I can recall.NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., NW. 17 1 SPECIAL AGENT FAHEY: Okay. Who did --2 -.If -- not that I -- to my 3 recollection, no. We had, like I said, maybe if we seen 0 4 him twice a day, that was pushing it. He was getting 5 ready for his ISI project.6 SPECIAL AGENT FAHEY: Okay. And when he 7 worked as an ISI..supervisor, how often did you see him 8 then?9 MR. Hardly ever. He -- I'm 10 trying to think of the people that worked with him. He 11 was kind of off. He worked for the plant at the time and 12 then there was -- I believe was one of his 13 contacts -- I'm sorry, was one of his 14 contacts through Kewaunee.15 SPECIAL AGENT FAHEY: Okay. Well, if you 16 had limited contact with him, how is it that you --17 MR. In passing, oh, yeah.18 SPECIAL AGENT FAHEY: -- smelled alcohol?19. MR Ifyou walked by him or.if 20 he stopped in. We worked out in this.little utility shed 21 fabbing stuff up and if he walked by, him and -- I think 22 he-knew they knew each other through 23. See, I never met the man, and he'd come out 24 and talk to and he'd walk by or something, I'm 25 like., God, he. stinks, and at that point we started 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 1-5 16 17 18 19 20 21 22 23 24 25 18 smelling alcohol on him. ý and i confronte. nd henflat out told him i'm not working for that man. I'm not working around that guy.SPECIAL AGENT FAHEY: Do you remember.roughly when you told'ýMR.,10. -Let's see. It was around August. I think that's pre-outage yet. I think that was just pre-outage or just when we were getting to the outage.-SPECIAL AGENT FAHEY: And what dida tell you?MR -Nothing. He blew it off.SPECIAL AGENT FAHEY: Did he say, thanks for the information, I'll take care of it? Don't worry about it?MR. We told him and he just kind of said -- just blew it off. He didn't really say much about anything.SPECIAL AGENT FAHEY: Did he ever make any comment that, don't worry about it because'W" will be gone in a couple of weeks to ISI?MR. I'm sorry, could you repeat that?SP ECIAL AGENT FAHEY: Did ever tell you not toworry about it because was NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 19 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 ISI shortly?MFrom my recollection, I know where we were standing and I know what we told him.UM and I were standing outside our little shack. I confronted him first. I said, I'm not working for I said, he stinks like booze. ooked at me, kind of shrugged his shoulders, and to be honest his reply I cannot remember word for word. To paraphrase, it was basically like it didn't matter, who cares, something on that end. And that's a paraphrase, not a word for word.* SPECIAL AGENT FAHEY: And the:same.-- had the same concern?MR. and I were standing right next to each other.SPECIAL AGENT FAHEY: And did you just raise it onae?MR. Yeah.SPECIAL AGENT FAHEY: Okay. Did you-raise it to anybody else?MR., .No.SPECIAL AGENT FAHEY: Did you suggest that be tested, fitness-for-duty tested?MR. I think just in the comment sayi.ng that people aren't going to work for him, he smells NEAL R. GROSS COURT REPORTERS AND TRANSCR BERS 1vm,4 m~i nai i W 20 1 of booze, that should have been good enough if you're any 2 sort of supervisor to use some common sense and judgment 3 on that one.4 SPECIAL AGENT FAHEY: Okay.5 M. I mean actually if you, you 6 know, you want to get down to brass tacks, if an employer 7 comes to a supervisor and says the man smells of alcohol, 8 we're not working for him, he's required to either go and 9 interview the person in his judgment and then bring him 10 to--ii SPECIAL AGENT FAHEY: And I want to get 12 into that in a minute.. I'm going to ask you about your 13 training when you begin the outage, fitness-for-duty 14 training that you'.ve had. When you contacted Mr. Heller-15 recently, you said tha ' boss has said many times 16 that you informed about the smell of alcohol.17.MR.18 SPECIAL-AGENT FAHEY: 19 ..MR. Yeah)~20. SPECIAL AGENT FAHEY: And now who would 21 say that to? How di nd out about this, 22 because you're telling me you didn't go t directly?23 MR. I went t _6o1 24 tol that we told him about it. Actually we got two 25 different -- these came out in odd fashion. I mean this NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W. 1 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 21 all started, we had a -we had ah attorney call nd question him on the happenings. SPECIAL AGENT FAHEY: You retained legal counsel over this?MR.' Yeah.SPECIAL AGENT FAHEY: And the point of that being to get your access back to the plant?MR. The fact is that we were done wrong, yeah, it is to get our -- to show tha been lying about this and the reason our access is denied basically right now is because he said we never told him.SPECIAL AGENT FAHEY* All right. -And.who's the attorney?MR. Right now that is s'Quig'It's actually -- ] , .SPECIAL AGENT FAHEY: And is his name I}SMR. Yes, 4hn.McQuig SPECIAL AGENT FAHEY: Okay. And what-you're handing me is an affidavit? MRI Right. Now, that's the one that he took over the phone with informe f they fact that the. conversation was going to be recorded, used as anlaffidavit.' greed to it. At that timeJohn McQuig said he'll be sending him certified mail a copy of NEAL R. GROSS.COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W. 22 1 the affidavit. 2 .-SPECIAL AGENT FAHEY: Asking him to sign 3 it and return it?4 MR To sign it and return it 5 return mail --6 SPECIAL AGENT FAHEY: Okay.7 MR. -- certified return mail.8 Wrwouldn't sign it. W)would not sign that.9 ohn McQuig went to a federal judge or a judge in his 10 jurisdiction and brought the recording and that judge 11 signed that affidavit. That's on the bottom of the 12 secondary one.13 SPECIAL AGENT FAHEY: The judge signed 14 this?15 MR This. This is actually 16 the--17 SPECIAL AGENT FAHEY: Well, this is 18 signed by 6hn McQuigg 19 MR. ' John McQuigg, a notary 20 public, ndsomething or other.21' SPECIAL AGENT FAHEY: Okay. I'm a little 22 confused.23 MR You're going to have one 24 other -- you'll have another interview I believe'next 25 Thursday wit He's got the information on NEAL-R. GROSS7 COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W. 23 1 this one.2 ..SPECIAL AGENT FAHEY: Okay.3 MR What we were told was he 4 brought this-down, that his. as got -- oh-I 5 guess would be the one, he's got the information. This is 6 the cover sheet that he gave me which we needed this sheet 7 as far as having our hall get involved. You should have 8 everything else that goes with this sheet with him. I can 9 have it faxed up here actually.10 SPECIAL AGENT FAHEY: Okay. No, I can 11 contact --12 MR '1605)1 13 SPECIAL AGENT FAHEY: -- also known as 14 .-Okay.15 All right.16 SPECIAL AGENT FAHEY: All right. And 17 never signed any affidavit? 18 MR. No.19 SPECIAL AGENT FAHEY: He did have a 20 telephone conversation with ---21 MR. 1: He did.22 SPECIAL AGENT FAHEY: -- from your 23 understanding with this n McQui 24 MR. Yes.25 SPECIAL AGENT FAHEY: attorne NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W. 1 2 3 4 5 6 7 8 9 10 1i 12 13 14 15 16 17 18 19 20 21 22 23 24 25 24 M.And actually admitted to-that at my house, my.residence. He stopped by and admitted he had --SPECIAL AGENT FAHEY: 0ro ohn McQuigg?.MR. stopped by my house and admitted that he did have this phone conversation with(ohn There's too many SPECIAL AGENT FAHEY: Did ...say what he told cQuigg?MR. These two -- I held these two forms up to him, and told me it was so long.ago was the reason I couldn'.t sign them because I couldn't remember exactly what I said, and the reason -- I'm sorry, not the reason. He goes, I couldn't remember'word for word what I said and I told cQuigg, John McQuig I would sign them if they were what I said. So he couldn't remember basically what he said andto said he would--{4Qu3- said he would send him the copies of -the.recordings if he needed them to sign the papers, an never got back to him.SPECIAL AGENT FAHEY: Okay.mess.SPECIAL AGENT FAHEY: All right. Now who disay to many times that you had told. bout NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.neslrorrm. rnrn 25 1 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23.24 25 the smell of alcohol?.MR. ANNToldJW SPECIAL AGENT FAHEY: Okay.MR. He's told myself he's t6ld SPECIAL AGENT FAHEY: All right. And is ll denying that you told him?MR., very much so.SPECIAL AGENT FAHEY: Okay. And how do you know that?SPECIAL AGENT FAHEY:.MR.SPECIAL AGENT FAHEY: Let's just use last names, okay?Okay.MR..__ Let's useOky)the day he stopped over and looked at these and he questioned me on where things were at, how thirngs were going, was at W house, questioning him where's things going? What's going on?. And in that conversation admitted to he lied to Hal Walker saying that we never told him.SPECIAL AGENT FAHEY: And when was this?MR. When was --SPECIAL AGENT FAHEY: On or about the NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE.. N.W, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18* 19 20 21 22 23 24 25 26 time of this, June 13th, 2002?M I don't think he gave me a date. It was --SPECIAL AGENT FAHEY: But. it was certainly after this conversation?

  • MR4ý0 -Oh, yeah. I'm trying to think if he was -- when he stopped over. The holiday, like 4th of July. I think it was after the 4th he stopped by.SPECIAL AGENT FAHEY: An admitted that he lied to Mr. Walker?MR Yes. I tell you what it was. It was three weeks ago; Because I got I e got invited to that SPECIAL AGENT FAHEY: So in July --MR. i.ftW yeah. It was after the 4th and it Was in July.SPECIAL AGENT FAHEY: Wa invited to thel MR. He had pretty much strict orders not to come to that one.SPECIAL AGENT FAHEY: Okay. All right.Let's talk about.- let's go back up a little bit and talk abou-t what should have happened when you reported your NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE.. N.W.

27 1 concern t Now I assume that when you 2 arrive on site for any outage, and site meaning nuclear 3 power plant, that you receive some sort of general 4 employee training?5 MR.' Yeah.6 SPECIAL AGENT FAHEY: Okay. And did you 7 have that occur when you arrived at Kewaunee in 2001?MR. Yeah. -Well, I had it on --9 from Point Beach and then it was like a buffer course for 10 Kewaunee, for the differences I believe.11 SPECIAL AGENT FAHEY: All. right. So if 12 you--13 MR.Yeah.14 SPECIAL AGENT FAHEY: So if you have had.15 some training at Point Beach, you don't have to retake it, 16 but you have to take anything that you haven't had 17 recently?18 MM. M: Correct.19 SPECIAL AGENT FAHEY: Okay. And was --20 *during -- when you were at Kewaunee for that outage, was.21 there a fitness-for-duty course that you took?22 MR. I cannot recall, but if I 23 were a betting man I'd say yeah, because usually -- they 24 usually run that through, most of them.'25 SPECIAL AGENT FAHEY: Okay.' Now, could NEAL R. GROSS..... COURT REPORTERS AND TRANSCRIBERS VAWA *PWI- M IQJ 11KIr &%/= hi %A/ 28 1 it just be some questions about fitness-for-duty included 2 in-the general training?3 MR. Yeah.4 SPECIAL AGENT FAHEY: Okay. And do you 5 take a test?6 MR Yeah.7 SPECIAL AGENT FAHEY: You pass a test?8 MR. OMOh*, yeah.9 SPECIAL AGENT FAHEY: In order to get on 10 site?i1 MR. Yeah.12 SPECIAL AGENT FAHEY: And if you don't 13 pass, you don't get on?.14 MR. Well, you just don't get 15 your badge until you pass it.16 SPECIAL AGENT FAHEY: Okay. And do you 17 recall if there were some questions about fitness for duty.18 or not?19 MR. There's like 900 questions. 20 I'm sure there -- I'm sure there-was. 21 SPECIAL AGENT FAHEY: If you don't 22 recall, don't say anything. Just say you don't b-ecall.23 MR. I don't recall.24 SPECIAL AGENT FAHEY: Okay.25 don't recall. any of the NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE.. N.W. 29 1 questions to be honest with you, just a couple of the 2 funny ones off the psych test that --3 SPECIAL AGENT FAHEY: Psych?4 A: Psychological test that you 5 giggle about.6 SPECIAL AGENT FAHEY: All right. Tell me 7 what your understanding is of identifying somebody that 8 you suspect is not fit for duty. What are you supposed to 9 do?10 MR. Contact your immediate 11 supervisor. 12 SPECIAL AGENT FAHEY: Okay. And then 13 they handle it from there?14 MR That's where it'goes from 15 there.16 SPECIAL AGENT FAHEY: All right. Do you 17 have the authority to ask another employee to go get 18 fitness tested?19 MR No. Ican't walk up to a 20 guy and say hey, you go up -- we're going to give you a 21 Breathalyzer right now.22 SPECIAL AGENT FAHEY: Okay. Do you know 23 whethe ... -was ever tested based on your 24 complaint? 25 MR.1P No, he was not.NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 16 17 19 20 21 22 23 24 25.30 SPECIAL AGENT FAHEY: You know that for a fact?MR I know that for a fact.SPECIAL AGENT FAHEY: How do you know that?MR.A Because I asked everybody involved and everybody said he was not. I aske himself. said, I was not given a fitness-for-duty test. Because my big question was this is all about hearsay now, we'll get into that later, but I asked -- I said, did you have any urine test, blood test, Breathalyzer, hair follicle, fat test. He said no.SPECIAL AGENT FAHEY:' Okay. And did you ask him in the context that you had reported that he was not fit for duty?MR. Oh, yeah, he knows I reported him._ SPECIAL AGENT FAHEY: So you confronted yourself?MR. Yes.SPECIAL AGENT FAHEY: Was that after or before?MR. uAfter or before what?SPECIAL AGENT FAHEY: After you reported NEALR. GROSS COURT REPORTERS AND TRANSCRIBERS ' ftS~t fS AIfl Afl M 1 2 3 4 5 6 7 8 9'10 11 12 13 14 i5 16 17 18 19 20 21 22 23 24 25 31 MR. W Oh, it would have been after I reported-. SPECIAL AGENT FAHEY: How long after?MR. ' This was after it all came around that they were having problems with this.thing came up. We didn't know anything about*fitness for duty in November. The outage was done. We were gone. No one heard nothing aboute .W fitness for duty until this all came about, the investigation I mean' as far as Security through Kewaunee and Point Beach.SPECIAL AGENT FAHEY: All right. So when did you confront MR. A I confronted him at the hall.SPECIAL AGENT FAHEY: At the union hall?MR. C M Yeah. I asked him.SPECIAL AGENT FAHEY: Okay. So this would be months later?MR Oh, yeah.SPECIAL AGENT FAHEY: Okay. And did he know that you had reported the concern about.him? MR.~. Oh, yeah.SPECIAL AGENT FAHEY: Okay. Did he know at the'time?NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.www.nealroross.com '-nfl' ~,4 AdO*~ 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 32He's admitted it to Randy Cleveland, he knew that we did. That's no problem.SPECIAL AGENT FAHEY: Did he know back in the pre-outage time when you 'actually tolqi MR. I realiy don't know if he knew then. I couldn't give you an absolute.SPECIAL AGENT FAHEY: Who else at the plant knew, beside an about the fitness-for-duty issue?MRI A As far as?SPECIAL AGENT FAHEY: About the fitness-for-duty chain of command'issue.MR.SPECIAL AGENT As far FAHEY: as?Who knew up the SPECIAL AGENT FAHEY: Yes.MR. Well, we toldf couldn't tell you where it went. I know was standing there,] -We walked -in -to the maintenance shop and we were shaking our heads and we went across to kand I believe it was. and we said -- we just told what-- I'm sorry, it's slang for* we told these two and we told( that stinks of booze, and once again I'm paraphrasing

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

33 1 because I couldn't tell you word for word, 2 stinks of booze,.-we're not going to work for him, and he 3 acted like no big deal. he says, that's funny, 4 I just told him the same thing., I believe 5 was -- shortly before that got pulled out of the -- out of 6 the -- out of the line when he come in, security line, and 7 we go through the metal detectors and x-ray machines, 8 walking behin he got pulled out for a random 9 drug test because they figured it was him that smelled of 10 alcohol.11 SPECIAL AGENT FAHEY: And was that --12 MR. Now I don't know if that 13 was the same day. It was roughly around the same time 14 frame.15 SPECIAL AGENT FAHEY: And then roughly 16 November, December the licensee conducts their own 17 investigation and that's where this Mr. Walker comes in?18 MR. Yeah.19 SPECIAL AGENT FAHEY: He was an 20 investigator for the licensee. Okay. And did he contact 21 you at homeor at work, do you recall?22 M. He contacted me at work. I VON.23 was already out in New Hampshire. was still at 24 home yet. I left in -- towards the tail end, middle of.25 November, and that's about the time he got ahold of me, NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE.. N.W.%~A#(LjI~tf%1TfhI r-1 r, )nnnrL'7n1 www.nealraross.com 1 2 3 4 5 6 7 8 9 i0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 November, early December.-SPECIAL AGENT FAHEY: Okay. And is there anything that you told Mr. Walker at that time that you recall now is different or you want to correct something for the record?MR. Yeah.SPECIAL AGENT FAHEY: Okay.MR. When i talked with Hal Walker, his initial concerns were welding, welding concerns that took place out at Kewauneeiduring the generator replacement, nothing to do w I t It was never, hey, are you going underneath oath?' I just want some background information. I said no problem. He asked-me what some of the -- some of.the qualifications. that I knew, basically did kind of a quick check on me'to see if I knew what I was talking about in welding. I answered his questions evidently decent enough. So we talked about the welding issues, the problems that they had unqualified people welding on certain things, and when it got towards'the end of the conversation he asked me abc He said for an informational only, okay, what do-you know aboutl If I'm talking to an attorney,, you darn right I'm going to watch what I say.He said an informational only. What do you know, about this? I said, hey, he's a drunk. He smelled like booze NEAL R. GROSS .L,.COURT REPORTERS AND TRANSCRIBERS 1323 RHODE iLAND AKV.,-N.VW. (202) 234-4433 .WASHINGTON, D.C. 20005-3701 www.nezlrgross.com II 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 35 when he was out there. So then he asked me a few more questions abou. I said, well, yeah, everybody knew about it after we had that deal, and then not a whole lot was said after that, you. know. He goes, .well, how do you know? Well, we smelled him. I tol he smelled of booze. And then the conversation seemed to turn into a issue, and I -thought what are.you calling me -- you know, why didn't you initiate this conversationamS. Don't beat around the bush with me.You "know, why ask me about welding if you want to know abouti Ask me. I'll be happy to tell you what I know. So we talked a little bit about it and I told him what I knew such as he. smelled of booze. I told He was much -- pretty much everybody knew about it after that. I said his supervisor rode to work with him*for Christ's sake.*SPECIAL AGENT FAHEY: MR. oe no, SPECIAL AGENT FAHEY: MR. He was another supervisor. on site. -They rode towork together. They're two foot away from each-other and we're supposed to know.SPECIAL AGENT -FAHEY: And what position does this old?MR.. .He a foreman out there." NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS .1323 RHODE ISLAND AVE.. N.W.(2U2) 234-4433 WASHINGTON, D.C. 20005.3701 www.nealrgross.com II II 36ýSPECIAL AGENT FAHEY: FortpDay & Zimmerman 2 or-for the plant?3 MR. Yeah, Day & Zimmerman. I 4 mean, and those were my comments to Hal. I said, you've 5 got all these guys that are supervisors sharing an office 6 with .the man and yet you're coming up to us that see him 7 maybe once or twice a week. I said, yeah,. that's it. So 8 he just kind of said, oh, all right, if that's what you 9 know. I said, that's what I know.10 SPECIAL AGENT FAHEY: All right. Do you 11i know wha old Walker?12 MR Word for word, no. I 13 wasn't there. As far as speaking back and was 14 up working at J.F. Ahern's shop for three weeks.. That was i5 about a couple, three weeks ago.16 SPECIAL AGENT FAHEY: Okay.. Do you know 17 if he corroborated what you have said?18 MR As far as when he talked to 19 Hal?20 SPECIAL AGENT FAHEY: That he and you 21 were present when you went tor 22 MRý Oh, yeah, when we went to 23 yeah..24 SPECIAL AGENT FAHEY: Okay.25 MR -That was our -- well, I NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHONz ISLAND AVE.. N.W.I I (202) 234-4433 WASHINGTON, D.C. 20005-3701 www realrgrosS.COM 1 2 3 4 5 6 7 8 9 10 Ii 12 13 14 15 16 17 18 19 20 21.22 23 24 25 37 wouldn't say ours. That was one of my biggest concerns with Hal Walker's interview. It wasn't they were going to sit down, we were going to have a formal talk, this is going to go on the record. It was they just needed it for information. Well, yeah. If you need information, tell me information only, off the record. Do not tell me off the record and then throw all this on the record saying you said this at this-time and then everybody asks me, what did you say? I watch what.I say and I try to put it in decent terms if it's going to be on the record. You know, I like to dot my I's.SPECIAL AGENT FAHEY: So you felt that you made some casual comments?MR. casual.SPECIAL AGENT FAHEY: That you might not have made had you realized --MR. Absolutely not.SPECIAL AGENT FAHEY: --they were going in some *sort'of report or --MR. Absolutely not.SPECIAL AGENT FAHEY: .Okay.Off the cuff is pretty much the way we had our conversation, because I was on my cell phone out on the side of the Hersec boiler in New Hampshire, outside of a boiler. I was on myjcell phone NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS (202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nea~rgross.com I1 38 1 2 3 4 5 6 7 8 9 10.11 12 13 14 15 16 17 18 20 21 22.23 24 25 sitting there watching the clouds go by.-.SPECIAL AGENT FAHEY: Okay. Were you and Mr. in competition for that ISI foreman job?No, not for the ISI at all.SPECIAL AGENT FAHEY: Had promised you that job?MR.*- 0 Not in the ISI, no. I was coming over to be a supervisor at Kewaunee, but then they needed me for welding instead.SPECIAL AGENT FAHEY: Okay. Was there any animosity between you and I MR. Never knew the guy before.SPECIAL AGENT FAHEY: Never met him before?MR. Never met the guy before.SPECIAL AGENT FAHEY: How about between you MR.-**Vi There wasn't a whole lot at that time because the reason he got out to Point Beach was because he worked for me and I asked some-people if he could come out on a platform job, because I don't think I could have hated him too-much to have him come out and work for me.SPECIAL AGENT FAHEY: Wasn't he your II.supervisor? (202) 234-4433 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.WASHiNGTON. O,G. 20005-370i www.ne aklrur.Lut, 39 1 MR.J At Point Beach, no, ma'am.2 .SPECIAL AGENT FAHEY: No, at Kewaunee.3 MR. Yes, at Kewaunee he was.4 SPECIAL AGENT FAHEY: Was there a problem 5 over this welding issue, things wit and you?6 MR.6 , Oh, yeah. There was some 7 major -- yeah, we had some fallout, dragout arguments over 8 it.9 SPECIAL AGENT FAHEY: Okay. And did the 10 welding issue come up before or after you reported 12 MR. The welding issue?13 SPECIAL AGENT FAHEY: To =.....14 MR. The welding issue from day 15 one when he got there, from when I first started to work, 16 got through training and all that, there was problems with 17 welding from what we seen as being -- we came from a Very 18 regimented Point Beach, by the book, no ifs, ands, or buts 19 to a good old boy system. Hey, well, we'll see. Put it 20 together. We'll make paperwork later. And it's ironic, I 21 hear -- one of the conversations I told9XI'm not 22 losing my access to every nuclear plant in the facility to 23. you or Day.& Zimmerman pver this B.S.24 SPECIAL AGENT FAHEY: Did you raise the 25 fitness-for-duty issue in retaliation againstVAfJ br (2 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS ..2 3 W1323ARHODE ISLAND AVE.; N7 W II (202) 234-4433 ii WASHINGTON, D.C. '20005-3701 www.nealrgross.com 1 2 3 4 5 6 7 8 9 10 ii 12 13 14 15 16 17 18 19 20 21 22 23 24 25 40"MR. Nope.SPECIAL.AGENT FAHEY: Who else would have information about the fitness-for-duty issue? You've already mentioned M. *As far as us letting, know or the fact that he was --SPECIAL AGENT FAHEY: Anybody who would --MR. That knew that and I --SPECIAL AGENT FAHEY: Had raised a fitness-for-duty issue.MR. k new, knew, knew, A"M)knowsj myself, hiimself.SPECIAL AGENT FAHEY: You suggest this might know?MR Oh,'I'm sure-he does. I shouldn't say I'm sure he does. I'd have a strong feeling that everybody in that office knew about it.SPECIAL AGENT FAHEY: certainly, later learned?I-rat.absolutely. 11 SPECIAL AGENT. FAHEY: NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.WARHINrTm n r. 9nlx.f..l7f1 But that 'was after www.nealrcross.com 1 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 2.2 23 24 25 41 the fact that he learned?MR. -Yeah, because I felt it only fair to tell him, you know. Hey, you're wondering who. We were standing in the welders' coordinator's office in the hall.SPECIAL AGENT FAHEY: What about a'guy named MR. yeah, he knows.SPECIAL AGENT FAHEY: He was a supervisor also?MR. Nighttime GF.SPECIAL AGENT FAHEY:' I'm sorry?MR.- Nighttime general foreman.I'm sorry. I'm not positive. I don't -- I don't want to put names in, you know, of people getting people hauled into this thing.SPECIAL AGENT FAHEY: Well, of course I'm looking for people who are going to corroborate what you said. That's what I'm looking for.MR. Yeah.SPECIAL AGENT FAHEY: Any documentation at all, -anybody write a condition report or put it in a supervisor's log that you reported this, anything like that- that you can think of?~jt~..NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.Su!A N-... ,-, D.C. 20005-370i (2021 2-U-4AX3 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 42 MR. If it..is, it would be in rote a notebook of happenings during the day. The odds of that being around, I'm not sure.SPECIAL AGENT FAHEY: He had a notebook of --MR. How do I know? Because my.name was in the notebook q~iite a few times. I've seen-it.They had reports brought up and then he had his own personal journal.SPECIAL AGENT FAHEY: supervisor's log for turnover and then MR.S L Yeah.SPECIAL AGENT FAHEY: So there was a a--Then he kept a personal diary?Personal log of what was going on during the day, concerns, you know.SPECIAL AGENT FAHEY: Okay. Did you ever raise fitness-for-duty concerns about-MR. No.SPECIAL AGENT FAHEY: Okay. Let's talk about then this alleged discrimination. What .happened when.you attempted to return to NMC and what was the first time that you said you left Kewaunee.MR. Yep.SPECIAL AGENT FAHEY: Roughly at the end CR NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433 WASHINGTON, D.C. "U=05-370it 1 2 3 4 5 6 7 8 9 10 12 13 14 1s 16 17 18 19 20 21 22 23 24 25 11 43 of the outage, went over to Point Beach, no problems getting hired there?No. Walked right in.SPECIAL AGENT FAHEY: Worked for about three weeks?Roughly, yeah.SPECIAL AGENT FAHEY: So we're roughly talking like about around Christmas? MR. Right before November we --because I was off for like a week, maybe two at the very most. I'd have to ask Pat to get my journal of when we went out to work. You know, this is all -SPECIAL AGENT FAHEY: -Okay.MR. -within a week or two I'm telling you..Point Beach?SPECIAL AGENT FAHEY: All right..MR. .Yeah.SPECIAL AGENT FAHEY: Finished up at MR. -Finished up over at Point*Beach, went out to New Hampshire right around their next outage. I can't remember when that was. It was only a couple -- I was out there for. four months total. It was probably two months into it, like January..SPECIAL AGENT FAHEY: Oh, I'm assuming NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS t1'23 RHODmE, ISI A~ P K '0 ' WASHINGTO.N.. ..... .200 .we.r.(22'3.43WASHINGTON, D.C: 20005-3701 44 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 it's on or around February 2002...-MR. There you go.SPECIAL AGENT FAHEY: And that was not through Day & Zimmerman any longer?MR.. That was Phillips, Getschow out -- that had the outage. They were doing fan coils.SPECIAL AGENT FAHEY: At Point Beach?M Il And I worked on one of the fan coils with them.SPECIAL AGENT FAHEY: So you are still in New Hampshire when you make a phone call to see if you can get hired and the union tell's you no?MR Well, at first Chad was second and a couple other people from Getschow, the ones I called. I said, what's the story with the outage? What do you got for a time frame? When are you hiring? How many guys are you working?. You know, 'it's just standard, basic info. They said,'you might-want to.give Pat a call.We got a problem with your access. And that's when we went through the whole thing. What do you mean problems with my access? Well., they say I might not get out here, paraphrasing once again. At that point that's when I called Pat. Pat says yeah, he checked, couldn't get no information from Darlene.SPECIAL AGENT FAHEY: Darlene Peters?NEAL R.TGROSSCRBR 1323 RHODE ISLAND AVE., N.W.lý A' AIA~44iM(i-TC)Ki n r~ 9nnn~rsA7fi .www.nealrnross.com 45 1 2 security o 3 myself jusi 4 yeah, you'5 going on.6 7 indication 8 issue?MR09 Darlene Peters, head of a site-there. So then I called Darlene up t for the fact that I know her and she said, oh, re under red flag. There's an investigation It shouldn't be long.SPECIAL AGENT FAHEY: Did she give you an that it was related to this fitness-for-duty 9 10 11 12 13 15 16 17*18 19 20 21 22 23 24 25 II.MR.She would not tell me a reason why. At my first conversations with her she would not even tell me what the issues were and why, not even that I was underneath the investigation. It was just that people -were getting investigated. SPECIAL AGENT FAHEY: Okay.MR. But my concern was how did Getschow know about me being red-flagged before I did even, before the hall did even.SPECIAL AGENT FAHEY: Okay. Had the union hall provided a list of employees, potential employees, to Phillips Getchow? You may answer.MR. What they do is call for manpower. When they called for the manpower, I have a referral procedure. I have to follow that procedure. Call the men in order that they are on the layoff list.. I submitted several names. Larry Wing who works for NEAL R. GROSS RTR E OT" D RTSAm TRANSCRIBERS --..1323 RHODE ISLAND AVE., N.W...-..-.. M- ^- "^n '.17AII ww mnlimrrosszcam k 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 46 Phillips Getchow called me back and said that there would be -a problem withýbecause he is one of the -- one of the names that I had submitted. SPECIAL AGENT FAHEY: And was that the only name identified that there would be a problem with?MR.CPHALf Yes.SPECIAL AGENT FAHEY: How many -- roughly how many names were on the list?MR. *PHAIL. Oh, man.SPECIAL AGENT FAHEY: Hundreds, dozens?MR. When I asked Darlene Peters could I have the names of the individuals so we c6uld get this cleared up, she said no, I can't do that, citing privacy act. She-did'state that letters would be sent to the individuals concerned and they would have to respond to the letters.SPECIAL AGENT FAHEY: Okay. But on your.original list to Phillips when you were giving them a list of eligible employees that you would like to place, how many --.roughly how many names are you giving them?MR. RHAIL Six to eight.SPECIAL AGENT FAHEY: Okay. So a small numrber?MR. & A9-Um-hmm. SPECIAL AGENT FAHEY: Okay. All right.NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RkHOE iSLAND AVE., N.W.WA.HINGT(ON. D.C. 20005-3701 www.nalrgross.com II 47 1 And currently you're still denied access as far as you 2 know?3 MR. Yeah. We finally got an 4 official -- the official just came I think it was last --5 last month.6 SPECIAL AGENT FAHEY: Okay. That was 7 June 28th, did you say?8 MR. Yeah, yeah, June 28th.9 SPECIAL AGENT FAHEY: Okay. And between 10 February or roughly --11 MR. From November.12 SPECIAL AGENT FAHEY: Let me ask you.13 -When is it, at what pointdid you hire legal counsel to 14 help you in this matter?15 MR. Let's see.16 SPECIAL AGENT FAHEY: Was it after you 17 got this letter on June 21st or was it after February?18 MR. it was shortly after*1 19 found out. It was we knew about it, heard about it I 20 should say. When we went out to New Hampshire, after --.21 shortly after that, there was word that they might have 22 problems. There. was things going on.23 SPECIAL AGENT FAHEY: All right. Was 24 there with you?25. MRA ..NEAL R. GROSS CUUc f -REPusU E AND TRA'.. S,.ES II ...~ 1323 RHODE ISLAND AVE., NAW 48 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 SPECIAL AGENT FAHEY: New Hampshire. MR No. No, he wasn't. He was getting ready to go-to work at Browns Ferry. They were going back on line. They were supposed to be going on line. It:was like seven miles from his house so he was going to go home and get ready for that. Whatever you mean, get ready for it, he was going to wait on it or --SPECIAL AGENT FAHEY: *Did he contact you saying tha ..°" ..... or how is it that you hooked up with MR. He called me or he called and I after we had been trying to get this situated for a few months and said that, hey, qM We're going to get something going here. He can only do part of this. I'm trying to remember how this all went down. He can only do the section of it -, that'S by jurisdictional, that he can handle in his own area.SPECIAL AGENT FAHEY: And he's an MR. -Rig SPECIAL AGENT FAHEY: The a.6 ýýMR. " ; M 111 Right. He's got to take care of that or he can't do the stuff that takes a W wisconsin attorney, but he does know an attorney in..TNEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433 WASHINGTON. D.C. 20005-3701 www.nmqIrarn.s.rnm

  • II 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1.8 19 20 21 22 23 24 25 49 Wisconsin that turned out to be our union labor attorney, Robbins, but we've failed trying to even talk with him.Everybody hears nuclear facility and they run away from this like the plague.SPECIAL AGENT FAHEY: Okay. And has it been cleared up yet?MR No.SPECIAL AGENT FAHEY: Okay. And that's why you called the NRC?MR. Yeah. Well, the beginning

-- the two main reasons we called were the fitness for duty, that he had somebody on site. This is the bottom line, black-and-white, why I feel there's a proble'i.SPECIAL AGENT FAHEY: All right. Now, tell me despite what'swritten in all these letters what the. union's been told.MR. Yeah.SPECIAL AGENT FAHEY: Tell me what you feel is the reason that you can't get -employment at- -with any NiMC' plant.MR'. With any NMC plant. I definiteay know things that went on out there that are not legal.. I know that they've got supervisors that have lied. I know they've done illegal practices.in welding NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS (202) ý34-443'3 1323 RHODE- ISLAND N.WASHINGTON, ).C, 20005-3701 www.nealrgross.corn 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 5o and they know I know it. They know, nows it..-SPECIAL AGENT FAHEY: So it's a combination of the fitness-for-duty concern that you.raised --Oh, yeah.SPECIAL AGENT FAHEY: -- and the welding concerns that you raised. Who do you feel is responsible? MR.'. One of the main ones behind or I feel is responsible is NPS. They didn't do their job. They didn't know their job well enough to do it.SPECIAL AGENT FAHEY: Is that Day &Zimmerman?Yeah.SPECIAL AGENT FAHEY:- Okay'. But they're'no longer there now so they can't --Yeah, they are at Kewaunee yet.SPECIAL AGENT FAHEY:' Oh, they're still at Kewaunee?MR Yeah, they are. I think they have some people inside at Point Beach also. Yeah, they have-some people inside at Point Beach also. They just had a notation that they were not allowed to talk to Phillips Getchow employees, and GetchoW -- and they can't talk anymore but there, even:'though we all work' in the NEAL R. GROSS COURT REPORTERS ANDý TRANSCRBERS/ 1323 RHODE ISLAND AVE., N.W.II 51 1 same. local.2 .SPECIAL AGENT FAHEY: But do you feel 3 that someone at Day & Zimmerman could cause Getschow not 4 to hire you?5 MR. From them, no, but they can 6 make it definitely hard on my access right now by 7 falsifying records as far as. us telling somebody about 8 __Flat out we told: Qlied to 9 the NRC investigator, NMC investigators, and because of 10 that our access was'denied. 11 SPECIAL AGENT FAHEY: And why would the 12 investigator believ nd not the rest of you?13 MR. You know, we're-really 14 trying to figure that out. There's five of us that-all, i5 you know, not word for word, have the same thoughts and 16 concerns.17 SPECIAL AGENT FAHEY: Five welders?18 MR. There's five people 19 involved:. ..Myself,. and we're not 20 really sure how that comes around. I don't know if it's 21 the title he carries. He might carry some extra clout or 22 whatnot, but we. cannot -figure out why.23 SPECIAL AGENT.FAHEY: An; is just a 24 contract-employee, correct?25 MR* Contract.NEALR. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.II (202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nea'rgross.com 1.2 3 4 5 6 7 8 9 10 11 12 13 14.i5 52 SPECIAL AGENT FAHEY: He's not employed by.-the licensee?. No.SPECIAL AGENT FAHjEY: Okay.' Has 'the licensee ever discouraged you or.any other employee from reporting fitness-for-duty concerns?; I can't answer that. I don't know. I mean I can answer it. Not that I know of.SPECIAL AGENT FAHEY: Okay.MR. Not that I --SPECIAL AGENT FAHEY: How about the union.--No." SPECIAL AGENT FAHEY: -- do they discourage .that?16 17 18 19 20 21 22 23 24 25 11~N~Z1 SPECIAL AGENT FAHEY: Is there any sort of. unspoken, unwritten rule that you don't report another worker, another employee? head.)SPECIAL AGENT FAHEY: You have to answer.You-can't shade your head.MR. I'm just trying to think.No, we don't --SPECIAL AGENT FAHEY: Okay.NEAL R. GROSS'COURT. EPORTERS.AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W. 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 1*8 19 20 21 22 23 24 25 53 MR.- They don't discourage it, no;-SPECIAL AGENT FAHEY: Okay. Do you think --MR.If you feel you got to do it, you do it.SPECIAL AGENT FAHEY: Everybody's clear that working in a nuclear power plant --MRIAYes. Oh, yeah.SPECIAL AGENT FAHEY: -- is something.that you don't mess around with?SMR.The nukes got different guidelines. You don't mess around with those. We know that. You just don't.SPECIAL AGENT FAHEY: There's a standard that --MlYou don't mess around. We know that you just don't.SPECIAL AGENT FAHEY: And when you reporte ,did you honestly feel he was not fit for duty?.Yeah. I do believe that he.smelled of alcohol. Now, as far as the -- he didn't have slurred speech, he wasn't stumbiing, he wasn't bumping into things, but he had a strong enough odor that you had NEAL R. GROSS COURT REPORTERS AND TRAN$CRIRF$RS 1323 RHODE ISLAND AVE., N.W.1=1'~74.4 WAQ-IINI(1TAJJ

  • d f t. 1fnC-4---

-II 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 54 to have some major olfactory problems if you can't smell it.SPECIAL AGENT FAHEY: And would-you say it was an indication that he had recently been drinking?MR: I couldn't give a time frame on that. -Sometime within the last 24 hours.. I can narrow it down to that.SPECIAL AGENT FAHEY: And is there a rule about a certain hour rule?MR.4=

  • Yeah. I think it's six hours.SPECIAL AGENT FAHEY*: So if you've --MR.,Five or six hours, you can't be on site..SPECIAL AGENT FAHEY: If you've had*a*drink or drinks within six hours, you're not supposed to report for duty?L MR. Yeah.SPECIAL AGENT FAHEY: Okay. And based on the information that you've given Mr. Heller-and me today, do you intend to file a Department of Labor lawsuit?MR. If things aren't -- yeah, if things are-3iot followed up on. I guess we'*re going to take this one step at a time. If we can get the rights to be done, all we're looking for is. to have proper people --NEAL R. GROSS 1323RHPOTER IAND AVE.W 1323 RHODE ISLAND AVE., N.W.II.

1 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20.21 22 23 24 25 55 to be honest with you, access matters to me at lot. But the fact is that-my name's been brought into a bunch of stuff that's false and that my pride's way higher than this access thing is.SPECIAL AGENT FAHEY: Okay. Now pride aside --MR. if it comes down to that, you darn right itwill.SPECIAL AGENT FAHEY: Okay. Because of this issue now about raising fitness for duty, would you be hesitant the next time to report somebody?MR. 0oh, yeah, and I tell you what, there's people out there right now that have told me they are not saying nothing. Okay. We've told Darlene and -- no, well, I won't go into names. I can't remember the names. I've had many people say they ain't getting involved.SPECIAL AGENT FAHEY: So this incident*has definitely had a chilling effect?MR.. Oh, I tell you what, I worked out-there for many years, -I know a lot of people, and a lot of people have told me if we know -- we're not getting involved. They seen What happened to us and they are not getting involved. The last thing they want to do.SPECIAL AGENT FAHEY: Okay. And you have* NEAL.R. GROSS COURT REPORTERS AND TRANSCRIBERS .1323 RHODE ISLAND AVE., N.W.(2021 2U4-44.1. WASHINTO,. D.C. 1t. m-1 ........... 56 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25.1I not worked for any NMC plant since --SMR. No.SPECIAL AGENT FAHEY: -- roughly November or December?MR. No.SPECIAL AGENT FAHEY: And no other contractors picked you up?MR.' As far as nuclear, no.SPECIAL AGENT FAHEY: And did you try to get into any other plants, try to get employment? MR. Well, it was Kewaunee Point Beach we tried to get into and we were pretty much told you're done.SPECIAL AGENT FAHEY: All right. What.about any plant that's not owned by NMC?MR. ,> We were going to go to see Browns Ferry when I was out in New. Hampshire and then this incident came around. We did not.apply. SPECIAL AGENT FAHEY: But you mentioned earlier on the record that somebody else-had tried?MR. He tried for Browns Ferry. His business agent told him you're not going toget there. He got escorted off Site. I think it was in Monticello. SPECIAL AGENT FAHEY: Is that an NMC-NEAL R. GROSS'C .CU1RT R E P O RT S TPDSI443CM6E3 1323 RHODE ISLAND AVE.. N.W.11) n% nýA AAýý 57 1 plant?2 -MR. 0 I believe it is. That's 3 one in Minnesota. And I -- I don't know if 4 just filled out the paperwork or if he submit~ted the 5 paperwork to Seabrook, which was right in New Hampshire. 6 Now I don't -- I know the paperwork was filled out -- I 7 don't know if it was ever submitted -- because they were 8 looking for people. When we were out in New Hampshire, it 9 was right across the marsh from us.10 SPECIAL AGENT FAHEY: Okay. And I think i. I already asked you this. You allege tha lied to 12 Walker, the investigator. How do you know that?13 Because he 14 SPECIAL AGENT FAHEY: Oh, okay, that's 1*5 right' And this was on or about the time off i 16 MR. Yeah, a couple weeks 17 before. Well, that's when topped over and he said he"18 stopped 'over at right around that time frame.19 SPECIAL AGENT FAHEY: Were the other 20* welders interviewed by Mr. Walker?21 Mother welders?22 SPECIAL AGENT FAHEY: That you mentioned. 23 MR. 2 As far as?.24 'SPECIAL AGENT FAHEY: 25 MR. were, you know, NEAL R. GROSS COURT RPORTERS AND TRANSCRiBERS 1 2 3 4 5 6 7 8 9 1 0 11 12 13 14 15 16 17.* 18 19.20 21 22 23 24 25 58 and I -- I don't think the other guys were. I'm not sure.I don't know how many other people were by Walker.SPECIAL AGENT FAHEY: Okay. And do you know what ) and tsaid?MR. No. Word for word, no.SPECIAL AGENT FAHEY: Okay. But you've discussed it with them?M Oh, yeah, we've talked--SPECIAL AGENT FAHEY: A number of times?M -saying, you know, what did they say to you or where's your standing with access?Oh, yeah? You too? Me too.SPECIAL AGENT FAHEY: And is everybody involved with this attorney? How many people have --MR. Just three.SPECIAL AGENT FAHEY: -- hooked up? YOu, MR. and me. And we don't have him on retainer or nothing. *It's basically l egal counsel SPECIAL AGENT FAHEY: Okay.MR- and trying to point you in the right direction to the people to talk to and phone numbers you might need..SPECIAL AGENT FAHEY: Okay..NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS (21323 RHODE ISLAND AVE., N.W.(202) 234-4433 WASHIN(T Jn. ,ON, n.-C. n. , ----/~ 59 1 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 We have talked to-- we have talked to Janssen in Green Bay and his -- his comments were to go to the NLRB. That's the one that we -- that's the local attorney there that we're --SPECIAL AGENT FAHEY: I thought you said his name was Robbins?M No, he's with the local attorney. I'm sorry.SPECIAL AGENT FAHEY: Robbins is the MR. Matt Robbins is the Local 400, is the UA attorney.SPECIAL AGENT FAHEY: Oh, UAattorney? MR .Right. This the local.SPECIAL AGENT FAHEY: This is the attorney that John McQuigg commended? MR..Well, no.SPECIAL AGENT FAHEY: No?MR. 1 The local attorney is friends wit SPECIAL AGENT FAHEY: Okay. And who is Robert Janssen?MR. _This is the man that sounds goofy, but I worked through or I've had legal counsel through his office before. I had mythey did-a pretty fair job, so we went and talked -to him' and NEAL R. GROSS 1323 RHODE ISLAND AVE., N.W. 1 2 3 4 5 6 7 8 9 10-11 12 13 14 15 16 17 18 19 20 21 22 23 24 25.ii 60 explained what was going on and he -- he stated to us that your local attorney should be dealing with this, not me, but if you do need me --SPECIAL AGENT FAHEY: He'll step in as needed?He'll be happy to step in if you don't get satisfaction from theavenues you're pursuing.SPECIAL AGENT FAHEY: Okay. Anything else? You got a bunch of papers there. Is there anything else you want me to throw in on.the record?Just that whole welding issue. I don't know if that -- that's going to probably be taken care of at a different time.SPECIAL AGENT FAHEY: Separate issue?MR. Separate issue. This was what came off for the fitness for duty. That was after we left. And in there it states four different -- I believe it was four times that we're supposed to go to our immediate supervisor.- Their big beef was that we did not go to security. We did not go to a Kewaunee supervisor. Our immediate supervisor is NPS, employer.SPECIAL AGENT FAHEY: Is this something that was .revised after the incident?MR That came out after we NEAL R. GROSS COURT RnfTo- r P Akil T AmcIpIm=c 1323 RHODE ISLAND AVE., N.W.f l- -A AA4 the 1*1 no --b -1~~s % % .n n. -- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Ii 61 left...-SPECIAL AGENT FAHEY: Okay.That came right off one of the computers at I think it was Kewaunee.SPECIAL AGENT FAHEY: All right. Can I get a copy of this, too?Sure.SPECIAL AGENT FAHEY: Okay. I don't have any further questions. Do you want to -- let's go off the record for one minute.(Discussion held off the record.)SPECIAL AGENT FAHEY: Mr. Mj, threatened you in any manner or offered you any reward in return for your statement? No.SPECIAL AGENT FAHEY: Have you given your statement freely and voluntarily? MR. Yes.SPECIAL AGENT FAHEY: Anything further you want to add for the record?MR. -lNot at this moment.SPECIAL AGENT FAHEY: Okay. We're concluded at roughly 11:08 a.m.'q (NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS i323 RHODE iSLAND A vrE.v.- N.WASHINGTON, D.C. 20005-3701 (202) 234-4433 www.nea'.rgross.com CERTIFICATE This is to certify that the attached proceedings before the United States Nuclear Regulatory Commission aýn the matter of: Name of Proceeding: Interview of Docket Number: 3-2002-004 Location: Green Bay, 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. -Carrie Bohrer Official Reporter Neal R. Gross & Co., inc.NEAL R. GROSS 1323 RHODE ISLAND AVE., N.W.}}

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