ML062790371

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Exhibit 14 to Case No. 3-2002-004, Transcript of Office of Investigations Interview
ML062790371
Person / Time
Site: Kewaunee Dominion icon.png
Issue date: 08/29/2002
From:
NRC/OI
To:
References
3-2002-004, FOIA/PA-2006-0113
Download: ML062790371 (53)
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Text

1 1 2 3 4 5 6 7 8 9 10 11.12 13 14 15 16 17 18 19 20 21 22 23 l nfo jit al Act, TFal UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION OFFICE OF INVESTIGATIONS INTERVIEW-------------------------------

x IN THE MATTER OF: INTERVIEW OF (CLOSED): Docket No.3-2002-004

_6 :"------------------------

x Thursday, August 29, 2002 Hilton Newark Airport Hotel 1170 Spring Street Elizabeth, New Jersey The above-entitled interview was conducted at 4:30 p.m.BEFORE: Special Agent Mary Kay Fahey nation in this record was deleted;ordance with the Freedom of Information ixemptions

__ c,-20o 6,./.3, EXHIBIT. q PAGE 1._OF S'. PAGE(S)2~ '0k 2- 004.4 (202) 234-4433 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.WASHINGTON, D.C. 20005-3701 www.nealrgross.com 2 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 P-R-O-C-E-E-D-I-N-G-S 4:30 p.m.SPECIAL AGENT FAHEY: This is the interview o f who is a former welder for Day and Zimmerman Nuclear Power System with the Kewaunee Nuclear Power Plant during the fall outage of 2001.Today's date is August 29, 2002. The time is approximately 4:35 p.m.This interview is being conducted at the Hilton Newark Airport Hotel located at 1170 Spring Street, Elizabeth, New Jersey.My name is Mary Kay Fahey. I'm a Special Agent with the U.S. Nuclear Regulatory Commission's Office of Investigations in.Region III.This interview is being transcribed by Court Reporter Mary Ann Massey.The subject matter of this interview is a fitness-for-duty concern at the Kewaunee Nuclear Power Plant during a refuel outage in .2001. And this incident was brought to the NRC's attention by the Licensee, Nuclear Management Company.Mr. please raise your right hand?Do you swear that the information you're about to give is the truth, the whole truth and nothing but 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 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 truth so help you God?FIR MR. , I do.SPECIAL AGENT FAHEY: Okay, and before we went on the record we had discussion anRight.SPECIAL AGENT FAHEY: And all documentation that. you have .And have you subsequently sought legal counsel for advice on several of the matters we're going to talk about today?' MR. I have.SPECIAL AGENT FAHEY:. And are you currently represented by an attorney?MR._ 1011- No.-SPECIAL AGENT FAHEY: And just for the record, during our telephone conversation when we scheduled this interview, we discussed the fact that you didn't feel it was necessary to have counsel present today. However, if at any time during this interview you feel uncomfortable with the line of questioning, you agree that you'll stop the interview?

MR.-M lh. Right.NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.PVn o)A.AAA1 WASHINGTON.

D.C. 20005-3701 www.nealrgross.com 7(c)w 1 2 3 4 5 6 7 8 9 20 ii 12 13 14 15 16'17 18 19 20 21 22 23 24 25 4 SPECIAL AGENT FAHEY: And we'll arrange a second interview with counsel present.And for the record, do you want to put who your attorney is?John Paul McQuigg.SPECIAL AGENT FAHEY: Is he MR.S A EA0jPCA A Yes.SPECIAL AGENT FAH EY: Some background.

Date of birth.SPECIAL AGENT FAHEY: Social Security Number.SPECIAL AGENT FAHEY: Home addJress.MR.SPECIAL AGENT FAHEY: And home telephone number.MR. No home telephone.

Cell phone number..employment SPECIAL AGENT FAHEY: Cell phone number.MR. *SPECIAL AGENT FAHEY: Okay, and some history. Where are you currently employed?I'm currently employed at NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE.. N.W.WASHINGTON, D.C. 20005-3701 www.nealrgross.com (202) 234-4433 5 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 Linden Power Plant, Linden, New Jersey.SPECIAL AGENT FAHEY: As a welder?MR.: Yes.SPECIAL AGENT FAHEY: How long have you been here?MR'. Eight days.SPECIAL.AGENT FAHEY: And prior to that?MR. PCI Energy Services, Richmond, Virginia.SPECIAL AGENT FAHEY: How long were you --MR. .I was there for 21 days.SPECIAL AGENT FAHEY: Okay. Do you recall the dates that you worked for-Day & Zimmerman, Nuclear Power Systems at Kewaunee?MR At Kewaunee, May 5, 2001, I believe was the day that I hired in at Kewaunee.

I had just finished up a shutdown at Point Beach and I transferred from Point Beach to Kewaunee.

I got laid off on October 12, 2001.SPECIAL AGENT FAHEY: And laid off because the job was finished or terminated?No, we was. laid off. Our job was finished.SPECIAL AGENT FAHEY: And were you a welder at Kewaunee?NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 6 2 SPECIAL AGENT FAHEY: And at Point Beach?3 MR., *Right. Yes.4 SPECIAL AGENT FAHEY: And then did you 5 have a series of jobs between Kewaunee and Linden 6 Power?7 MR Sure, yes. I went to St.8 Lucie Power Plant for Day & Zimmerman.

9 SPECIAL AGENT FAHEY: How long were you 10 there?.1 MR. & Twenty-eight days.12 SPECIAL AGENT FAHEY: Any other nuclear 13 plants?14 MR. No, that was my last one.15 SPECIAL AGENT FAHEY: But that immediately 16 followed QI?17 MR. No, there was about a 3 or 18 4 week lapse in there, I believe. I'd like to say it 19 was longer than that. It was almost a month.20 SPECIAL AGENT FAHEY: Okay. I said on the 21 record, fall outage, is that what it was? I mean you 22 were hired in in May. Was some of that work youdid 23 between May?24 MR. There was a lot of pre-fab 25 work before the outage.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 7 SPECIAL AGENT FAHEY: Okay, pre-outage work.And have you worked for NMC since then?MR.. No.SPECIAL AGENT FAHEY: And during the 2001 pre-outage at Kewaunee, did you have fitness-for-duty concerns about another employee?did.SPECIAL AGENT FAHEY: Who was the employee that you raised the concerns about?SPECIAL AGENT FAHEY: And do you know what position he held?MR.' Foreman.SPECIAL AGENT FAHEY: Was he your foreman?No.SPECIAL' AGENT FAHEY: And why did you raise that concern?MR. .Possibility of coming to work under the influence of alcohol.SPECIAL AGENT FAHEY: Why did you reach that conclusion?.

Can you tell me what you observTed?

  • MR.. Because of odor.SPECIAL AGENT FAHEY: Odor of alcohol?Odor of alcohol. Plus 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 8 1 rumor.2 SPI 3 MR 4 alcohol smell.5 SPE 6 among your co-v 7 MR.AGENT FAHEY: Rumor of what?Of coming to work with ECIAL AGENT FAHEY: So there were rumors:orkers?.4-There were rumors among 8 9 10 11 12 13 14 15 16.17 18 o 19 20 21 22 23 24 25 everybody in the plant.SPECIAL AGENT FAHEY: Okay, that ,.smelled of alcohol or was unfit for duty?MR..: The smell of alcohol and that there was the possibility that that was not the f irst time. I did not know very well.SPECIAL AGENT FAHEY: Did you just interact with him one day?MR.. Well, basically yeah. One time* I had an interaction with him and that was the day we were supposed to go -n 1 were supposed to go work for him that day. That was when I told my supervisor that I felt uncomfortable working for this man because of the possibility of him being drunk.SPECIAL AGENT FAHEY: Now is that the same day that you smelled alcohol on him?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 l MR Yes.2 SPECIAL AGENT FAHEY: So you were in 3 physical close proximity to him?4 MR.. Correct.5 SPECIAL AGENT FAHEY: And do you remember 6 what day it was or do you have a rough idea?7 MR. It was some time after --8 some time the end of July.9 SPECIAL AGENT FAHEY: Pre-outage?
10. MR. Yes.11 SPECIAL AGENT FAHEY: Now would there be 12 any record that* -supervised you that day?13 Or was it kind of an off-the-cuff thing, you guys were 14 going to go work for him that day?S15MR Yeah.16 SPECIAL AGENT FAHEY: And you reported it 17. to your supervisor who was?18 MR.19 SPECIAL AGENT FAHEY:. Do you remember 20 where he worked? Time of day?21 MR. It'was probably around an 22 hour2.546296e-4 days <br />0.00611 hours <br />3.637566e-5 weeks <br />8.371e-6 months <br /> after our start time which would have been around 23 8 o'clock a.m. We were in our fab shop and I cannot 24 remember what the name of that building is. It's a 25 tractor shed is what it was. It had been converted 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 over into a temporary fab shop for us.2 SPECIAL AGENT FAHEY: Okay. Was anybody 3 else present?5 SPECIAL AGENT FAHEY: Who else?6 MR..VMj1 There were several other 7 people in the vicinity, but as far as being in our 8 little circle of people having a conversation, it was 9 just me and W "W o Ln 10 SPECIAL AGENT FAHEY: And what was W 12. response to you when you raised the concern?.12 MR.ME It was kind of like a-- I 13 can' t remember exactly word for word what he said, but 14 it was kind of put to me like okay, don't worry about 15 it. I'll take care of it.16 As a result, we didn't go work for him 17 because of the fact that we did bring that up and the.18 issue wasn't pushed.19 SPECIAL AGENT FAHEY: Did anybody else go 20 to work for him?21. MR. -No, not that day.22 SPECIAL AGENT FAHEY: Do you know if 23 as requested to be tested?24 MR. .No, I have no idea.25 SPECIAL. AGENT FAHEY: Back to your 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 observations, did you believ was unfit for 2 duty or impaired?3 MR.,To watch him walk, no. To 4 smell him, possib.ly.

I'm not an expert on alcohol.5 SPECIAL AGENT FAHEY: So no stumbling, 6 slurred speech?7 MR. No."8 SPECIAL AGENT FAHEY: But then again, 9 you're not a doctor.10 MR. Right.11 SPECIAL AGENT FAHEY: the 12 only one you reported the concern to?MR..1 Right. And if I'm gipt 14 mistaken, under Kewaunee Nuclear Plant FFD rules and 15 regulations that is my responsibility is to report it 16 to my immediate supervisor.

17 SPECIAL AGENT FAHEY: Okay. Now after the 18 fact did you tell anybody else that you had raised 19 this concern, co-workers, other supervisors?

20 MR-? Yes.21 SPECIAL.AGENT FAHEY: Who did you tell?22' MR. -..)was made aware of 23 it.24 SPECIAL AGENT FAHEY: How long after the 25 fact?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 MR. That same day.2 SPECIAL AGENT FAHEY: Did you do that?3 MR.' Yeah.4 SPECIAL. AGENT FAHEY: You told.5 personally?

6 MR. Yes.7 SPECIAL AGENT FAHEY: How much later 8 during the day?9 It was close to the end of 10 the work day which would have been somewhere around 3 11 o'clock.12 SPECIAL AGENT FAHEY: What was his 13 response?14 MR., I really can't -- it was 15 kind of a -- not really a surprise to him.16 SPECIAL AGENT FAHEY: Okay, so he just 17 acknowledged that you gave him the information.

18 MR. Yes.19 SPECIAL AGENT FAHEY: Anybody else present 20 when you had the conversation with 21 MR. Yeah, there were several 22 people there, but as far as whether or not they were 23 listening, I couldn't tell you that.24 SPECIAL AGENT FAHEY: But it was not.25 something that you wanted everyone to know anyway, NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234.4433 WASHINGTON, D.C. 20005.3701 www.nealrgross.com 13 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 right?Everybody already knew.SPECIAL AGENT FAHEY: Okay.MR. , Construction workers are like a bunch of gossiping people. It's like that old saying if you want to keep a secret, you don't tell no one. It wasn't a big secret on the job. Everybody knew about it.SPECIAL AGENT FAHEY: And who else did you tell that day?SPECIAL AGENT FAHEY: How do you spell that last name?MR.SPECIAL AGENT FAHEY: What was position?MR.1 4 was the SPECIAL AGENT FAHEY.: for DZ.Office Manager What was response?MR. As far as him being drunk or supposedly drunk or the smell of alcohol on him?SPECIAL AGENT FAHEY: Well, what did say about the information that you were giving,20" Is.. clerical help?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 14 MR. Yes, # was clerical.SPECIAL AGENT FAHEY. Did (Vi) seem surprised?

MR. Not really. I mean, I guess in a roundabout way -probably was. was probably surprised that- he was still there. Because usually to the best of my knowledge when a person is reported for an FFD violation are usually removed from the job that day, shortly after the report. Not .for being guilty of the fact, but for testing. Testing don't take 5 or 10 minutes. It usually takes all day.SPECIAL AGENT FAHEY: Did you see the rest of the day?MR. w No, I didn't see him the rest of the day that day.SPECIAL AGENT FAHEY: Who else did you 17 18 19 20 21 22 23 24 25 tell?MR. i : That was about it.SPECIAL AGENT FAHEY: Did-you tell on the same day?MR. Yes, it was that evening after work.SPECIAL AGENT FAHEY: Now I've been told that when you started working that vwas a supervisor for a couple of the welders for about 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 15 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 week before we went over to in-service inspection?

MR. Uh-huh.SPECIAL AGENT FAHEY: Was he your supervisor?

MR.: Yes, he was.SPECIAL AGENT FAHEY: And during that week that he supervised you, did you notice a smell of alcohol?MR No, because I had no contact with him.SPECIAL AGENT FAHEY: Okay, so on paper he was your supervisor?Right.SPECIAL AGENT FAHEY: But didn't physically come out and supervise?

MR., No, he didn't.SPECIAL AGENT FAHEY: Do you know if he was on site?MR. He was on-site.SPECIAL AGENT FAHEY: And then how much day to day contact with him after that?If I got to work the same time he did and went through security at the same time he did that was about the only contact that I had with him.NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.^A,,q4II r.Tflt n r.. 700)NN5-3701 1-1 ^^ I A A -www.neairgross.com 16 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 SPECIAL AGENT FAHEY: Until this one day when you were going to be assigned to work for him?Correct.SPECIAL AGENT FAHEY: Did you ever have any direct conversation with about this?MR. i No, I did not.SPECIAL AGENT FAHEY: Even after you left, there haven't been any phone calls or have you contacted him at home or he attempted to contact you?MR. I personally have not contacted him. I don't know whether my attorney did or not. I know that he was supposed to.SPECIAL AGENT FAHEY: Okay.MR. -I did hear rumor from people up there that was involved in this, that he had been contacted by other people up there in that area. His response Was kind of, to the whole situation, was kind of surprising to me,. that when we were denied and I mean we, 'and I were denied an interview because of all of this by Mr. Hal Walker, what I was told that he wasn't mad. He was mad becauseN was still working there and thati said nothing happened to him.SPECIAL AGENT FAHEY: Why shouldn't something have happened to NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.'.. .WASHINGTON, D.C. 20005-3701 www.neafrgross.com 17 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 telling hit alcohol on know that?MR.I Because lied.SPECIAL AGENT FAHEY: About?MR. About me and had the smell of him.SPECIAL AGENT FAHEY: Okay, and how do you MR. That he lied?SPECIAL AGENT FAHEY: Yes.MR. I got my access denied, that's why.SPECIAL AGENT FAHEY: You've got to draw.the connection for me.MR. I have an affidavit from stating thatL __ admitted he lied to security when they interviewed Mr.SPECIAL AGENT FAHEY: Okay. How did you get the affidavit?

MR. I got the affidavit from n the telephone.

And my lawyer then contacted nd did a phone deposition and I've got a copy of that deposition.

SPECIAL AGENT FAHEY: So you telephon(¢ first? You had a personal conversation.

MR. Correct.NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.neafrgross.com 18 1 SPECIAL AGENT FAHEY: In which 2 told you that lied, lied to the Licensee's 3 investigator or lied to me, lied to who?4 MR. l§ Well, this was before the 5 NRC was involved in this.6 SPECIAL AGENT FAHEY: Okay.7 MR_ This was back in the spring, 8 early spring of this year.9 SPECIAL AGENT FAHEY: Okay.10 MR. That he had lied to the 11 Licensee.12 SPECIAL AGENT FAHEY: Okay. And then a 13 deposition was taken over the phone?14 MR. .Correct.15 SPECIAL AGENT FAHEY: Was 16 represented, do you know?17 MR. It was a voluntary 18 deposition.

19 SPECIAL AGENT FAHEY: Were you present?20 MR. I was not.21 SPECIAL AGENT FAHEY: So your attorney had 22 a conversation with and as far as you know just 23 the two of them were present?24 MR. Right, as far as I know.25 SPECIAL AGENT FAHEY: And your attorney NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 19 1 typed up an affidavit?

2 MR .Correct.3 SPECIAL AGENT FAHEY: And did~cII,*SIý 4 sign it?5 MR : No, he did not.6 SPECIAL AGENT FAHEY: Do you know why he 7 didn't sign it?8 MR I do.9 SPECIAL AGENT FAHEY: Would you tell us 10 here today?11 MR. RN Sure. when he 12 give this deposition over the telephone to , 13 iN O\N69.hat he was more than happy to do it, he 14 did it on a voluntary basis. The affidavit was typed 15 up. The affidavit was then sent by registered mail to 16- or him to sign it in front of a notary and 17 then return it. Thirty days went by and we did not 18 get no return of that deposition, that affidavit.

So 19 I called to find out what. gI had 20 been laid off after the outage. And he was trying to 21 get back to work out there, trying to go back to work 22 at Point Beach. And then 30 days that elapsed while 23 we were waiting for the deposition to come back signed 24 by him, he had been sent to Point Beach to go to work.25 felt that if he signed that NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.M21 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 20 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 affidavit, that that would put his job in jeopardy, so he refused to sign it.SPECIAL AGENT FAHEY: And why would it put his job in jeopardy?MR.I Because he feels, he still feels this way by the way, he feels that if he was to sign this deposition, him working for under the direct supervisor ofL 4460 then 1 find a way to terminate him and that's what he's afraid of. *So he refuses to sign the affidavit.

He doesn't refuse the fact that the statements are true.He's refusing to sign it because of retribution.

SPECIAL AGENT FAHEY: Okay. What wasi osition at the time this all was going on?MR.position was he was the project superintendent.

SPECIAL AGENT FAHEY: So he was actually-MR. Yes, he was.SPECIAL AGENT FAHEY: Let' s back up a little bit to your comment that was upsetAnd this was ali hearsay, right? You heard this. You don't know this for a fact.MR This information came from NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.'1202) 234-4433 WASHJNGTON, 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 4 Tomwo !SPECIAL AGENT FAHEY: Okay. Did 0know that you had raised a concern about him, you specifically?Yes.SPECIAL AGENT FAHEY: Do you know how he-knew that?MR. 10 He was either told b o A or someone else. I'm not sure.He was told bj somebody.SPECIAL AGENT FAHEY: Was he told at the time or do you think he learned subsequently?

MR. I think that he found out when Security had started their investigation and interviews with everybody that worked up there on that outage which I think started some time around the first of January of this year.SPECIAL AGENT FAHEY: So basically, once you raised the concern, you and Mr.. was the matter dropped? There was no other discussion about it?MR. Yes, that was the end of it as far as I was concerned there was nothing else ever said about it.SPECIAL AGENT FAHEY: The outage, or you NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 22 1 were all laid off because the job was completed.

You 2 all went to different plants to work.3 MR. Correct.4 SPECIAL AGENT FAHEY: And then 5 subsequently in late winter, say November, December, 6 January, questions started getting asked again by the 7 Licensee?8 MR. I I'm not real sure about 9 that. I live i .. I left the very next day 10 after I got laid off and went home.11 SPECIAL AGENT FAHEY: When was it next.12 raised as far as you're concerned?

13 MR January 14, 2002.14 SPECIAL AGENT FAHEY: Okay. And you were 15 contacted by somebody at home?16 MR.. Yes, I was. No. I wasn't 17 contacted at home. He called my Union Hall and I just 18 happened to be there.19 SPECIAL AGENT FAHEY: Who's "he"?20 MR. Hal Walker.21 SPECIAL AGENT FAHEY: He is?22 MR I'm not real sure who he is.23 He told me. -- he identified himself to me as an 24 investigator for employees' concern at Point Beach 25 Nuclear Plant.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 SPECIAL AGENT FAHEY: And he asked you 2 questions about this incident?3 .R. O : Yes, he asked me questions 4 about this incident.5 SPECIAL AGENT FAHEY: Just over the phone?6 MR. Yes.7 SPECIAL AGENT FAHEY: Have you ever met 8 him in person?9 MR. No, I have not.10 SPECIAL AGENT FAHEY: Just one contact 11 with him?12 MR. No.13 SPECIAL AGENT FAHEY: HOw many would you 14 say?15. MR., Two, two contacts.16 SPECIAL AGENT FAHEY: He called you back?17 MR. Yes, he did. Later, it was 18 *about 8:30 that same day, that evening.19 SPECIAL AGENT FAHEY: Any reason why it 20 was two conversations?

.21 MR.} Yes, he was unsure about a 22 statement that I had made and he called back to verify 23 it.24 SPECIAL AGENT FAHEY: Does it have to do 25 with this or does it have to do with that welding NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE.. N.W.(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 24 1 stuff?2 MR. It had to do with the 3 welding stuff.4 SPECIAL AGENT FAHEY: And I don't 5 particularly care to get into that, unless it pertains 6 to this.7 MR. Well, it does in my case 8 because something now that after everything is done in 9 the Letter of Denial that I got, the paragraph, the 10 statement that he said, he wrote in there that I --11 that he was quoting me was not true.12 He asked me about three different items 13 and he got all my comments about different items was 14 all put into one paragraph that had to do with this 15 FFD thing.16 SPECIAL AGENT FAHEY: So you've seen some 17 sort of report that he prepared?18 .MR. Yes.19 SPECIAL AGENT FAHEY: And is it a personal 20 record of the Investigator's or was a report by the 21 Licensee?22 MR. It was a report by the 23 Licensee.24 SPECIAL AGENT FAHEY: How did you see 25 that?NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.onii 9,iAAx WASHINGTON, D.C. 20005-3701 www.nealrgross.com 25 1 MR. It was sent to me Registered 2 Mail from NMC.3 SPECIAL AGENT FAHEY: Is it a public 4 document, anybody can have access to it?5 MR." Yes.6 SPECIAL'AGENT FAHEY: Okay. Do you have 7 a copy of it with you?8 MR. No, I don't. My attorney 9 has it.10 SPECIAL AGENT FAHEY: Okay. And is it a 11 page or something, summarizing what you told the 12 Investigator?

13 MR. The entire document, 14 including all their findings and everything was about 15 six or seven pages. But there was one page that had 16 a paragraph written by them that was supposed to be a 17 quote from me.18 SPECIAL AGENT FAHEY: And you're telling 19 me here today that that quote that was attributed to 20 you is not accurate.21 Can you tell me what the quote said and 22 then tell me today what's different about it?23 MR., I'm going to tell you I said 24 what they wrote.25 SPECIAL AGENT FAHEY: Oh, okay.NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 26 1 MR. Okay?2 SPECIAL AGENT FAHEY: Okay.3 MR. But they're saying I said it 4 pertaining to the FFD violation and in fact, it was 5 not said in context to the FFD violation.

It was said 6 about something else..7 SPECIAL AGENT FAHEY: Do you remember what 8 it said?9 MR., It had to do with the 10 welding is what it had to do with.11 SPECIAL AGENT FAHEY: And what was the 12 quote?-13 MR. The quote that I told him 14 was that I was not a mehmber of the Local 400 up there, 15 Local Union 400. I was aand I was told by 16 Mr. that I needed to keep my mouth shut. So 17 in order for me to keep my job, I kept my mouth shut.18 I didn't say nothing. 'I didn't raise any concerns 19 about it.20 That was enough people on that job that 21 knew about it..22 SPECIAL AGENT FAHEY: Are we talking about 23 the fitness-for-duty?

24 MR. No, we're talking about the 25 welding.NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433 WASHINGTON, D.C. 20005.3701 www.nealrgross.com 27 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: Welding, okay.MR. : Ye.s. That statement was put in my denial letter, my denial of access letter as pertaining to the FFD violation.

SPECIAL AGENT FAHEY: Okay. So it gave the appearance that you didn't report --MR. Right.SPECIAL AGENT FAHEY: MR. That's exactly right.SPECIAL AGENT FAHEY: Because you were a MR. Correct.SPECIAL AGENT FAHEY: And you didn't want to create any trouble.MR. Y I'll tell you right now, somebody comes in drunk or anything like that, puts me in jeopardy, yes, I going to report them.SPECIAL AGENT FAHEY: But you're telling me here today that you did report it?MR. Yes, I did.SPECIAL AGENT FAHEY: You reported him the day you observed them, the only day you observed him?-MR. Yes.SPECIAL AGENT FAHEY: Or smelled the alcohol. Okay NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.WASHINGTON, D.C. 20005-3701 www.nealrgross.com (202) 234-4433 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 the til the sam welder?28 Did anyone else who worked at Kewaunee at me tell you that they had also reported beside -who was involved in e conversation?

MR. :Yes, yes.SPECIAL AGENT FAHEY: And who was that?MSNa SPECIAL AGENT FAHEY: Was he also a MR.. --Yes.* SPECIAL AGENT FAHEY: Do you know when he reported the issue?MR. Same day.SPECIAL AGENT. FAHEY: Was he aware that you had reported it? Or was it just coincidence?.

MR. ON.' It was just coincidence until later on that day when him and I -- well, actually it was the next day.SPECIAL AGENT FAHEY: So you did not know that each other had reported?.No.SPECIAL AGENT FAHEY: And you had discussed it ahead of time?MR. No.SPECIAL AGENT FAHEY: No collusion, I'm 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 going to report this guy today?2 MR. No.3 SPECIAL AGENT FAHEY: Nothing like that.4 MR He worked in a different 5 area of the plant than I did.6 SPECIAL AGENT FAHEY: Did W tell you 7 what kind of response he got?8 MR. No. We just -- the 9 conversation between him and I was that it was 10 coincidental that both of us had reported it and of 11 course, this was the next day and was still 12 there, so undoubtedly he wasn't, he passed his test, 13 if he was tested, if he -- whether or not he was or 14 not, I don't know. And I never asked.15 SPECIAL AGENT FAHEY: Did say who he 16 had reported it to?17.18 SPECIAL AGENT FAHEY: Any comments by 19the next day to any of you?20 MR. No. Whether or not there 21 was any to I don't know. But as far asI 22 know, there wasn't.23 SPECIAL AGENT FAHEY: Do you know whether 24 ,andýiscussed it that same day you told 25 them?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 MR. No, I don't.2 SPECIAL AGENT FAHEY: Did# U1W ever 3 give you any indication that he had had discussions 4 with 5 MR. No. Not that I can 6 remember.

Not within a week or two of it. I know 7 that him and. have talked about it off-site a 8 couple of months later. That's when I found out about 9 nwilling to sign the affidavit and that's what 10 the affidavit is about, is their conversation off-site 11 a couple of months later.12 SPECIAL AGENT FAHEY: Any indication that 13 anyone else was present during that conversation 14 besides the two of them?15 MR. No, not that I can remember, 16 no.17 SPECIAL AGENT FAHEY: Did 18 ever give you any information about any'conversations 19 he's had with 20 MR. Since all this happened or 21 when this happened?22 SPECIAL AGENT FAHEY: Since.23 MR. Yeah, I think he had told me 24 that he had talked toL about it. As far as 25 I know, nobody has talked to , either NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.corm 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 31 or. or myself has talked t"n the last three months.SPECIAL AGENT FAHEY: Do you know where he is now?MR. No, I do not.SPECIAL AGENT FAHEY: Okay, and I asked you if you had any first hand knowledge thati was not truthful, or you told me that you had firsthand knowledge?

MR. Yes, I do have that.SPECIAL AGENT FAHEY: Have you had any conversations with since you left Kewaunee?MR.. No, I have not.SPECIAL AGENT FAHEY: Okay, let's talk about training.

You've already made a statement that you felt that your responsibility was to raise this concern to your immediate supervisor.

MR. At Kewaunee Nuclear Power Plant, yes, that is my -- that was my -- that is in the training manual, by the way. Also, several pieces of document that is posted on the NMC's website as far as dealing with fitness-for-duty, the responsibilities of workers' is to report it to their immediate supervisor.

SPECIAL AGENT FAHEY: And as a contractor, NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.WASHINGTON, D.C. 20005-3701 www.neafrgross.com

,~rV~~ ~7'2A.AA2'~Z 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 your super 32 immediate supervisor was a Day & Zimmerman-visor?MR.- Right, which was....SPECIAL AGENT FAHEY: Okay, and when you arrived on site at Kewaunee, did you receive general employee training?MR. .Yes, I did.SPECIAL AGENT FAHEY: And was that provided by NMC or was it provided by Day & Zimmerman?

MR. .No, it was provided by NMC.SPECIAL AGENT FAHEY: Okay. Were you required to take a test on the material?MR. Sure.SPECIAL AGENT FAHEY: Did you pass the test?MR. W Sure.SPECIAL AGENT FAHEY: Do you recall whether there was specific questions about fitness-for-duty?

MR.1 Yes, there was.SPECIAL AGENT FAHEY: And you just stated what you felt was the appropriate procedure?

MR.. Correct.SPECIAL AGENT FAHEY: If you or any NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 2344433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 33 1 employee suspects that someone is not fit for duty and 2 you feel that you followed their procedure?

3 MR. Yes I do.4 SPECIAL AGENT FAHEY: And do you 5 personally, as a contract employee, have any authority 6 to ask another employee to go be tested?7 M MR. *Ask that question again.8 SPECIAL AGENT FAHEY: Could you ask 9 another employee to go get tested if you thought they 10 were unfit?11 Can I ask that employee?12 SPECIAL-AGENT FAHEY: Yes.13 MR. No..14 SPECIAL AGENT FAHEY: I mean if you said 15 t don't think you're fit for duty, go 16 get tested, you have-no authority to order him to go?17 MR. No, I do not.18 SPECIAL AGENT FAHEY: All right and I 19 already asked you if you knew whethe was 20 ever tested, best on your --21 MR.. I do not. I do not know.22 SPECIAL AGENT FAHEY: Okay. Now tell me 23 what. your understanding is about coming to work on fit 24 for duty. Is there a certain hour rule or something, 25 you're not supposed to drink so many hours --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 v 34 1 MR.' You're not supposed to.drink 2 five hours.3 SPECIAL AGENT FAHEY: Five hours?4 You can even drink six, 5 seven hours before you come to work and still be on 6 the limits. I mean you have limits that you have to 7 be under.8 SPECIAL AGENT FAHEY: And if you feel that 9 you are unfit for duty, you're supposed to call in?10 MR. i : Right.11 SPECIAL AGENT FAHEY: And tell them that 12 you can't come to work?13 MR. .That's correct. You're 14 supposed to call and don't show up at the gate.15 SPECIAL AGENT FAHEY: Did you tell the NMC 16 Investigator that you did not report your concern 17 regarding the smell of alcohol to anyone?18 MR.: No, I told him I did report 19 it.20 SPECIAL AGENT FAHEY: And you told him you 21 reported it to. l 22 MR. Correct.23 SPECIAL AGENT FAHEY: Did you tell the 24 Investigator that you were told to keep your mouth 25 shut, however, it was taken out of context?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 1 2 3 4 5 6 7 8 9 i0 12 13 14 15 16 17 18 19 20 21 22 23 24 25 35 MR. I was told to keep my mouth shut about the problems with the welding.SPECIAL AGENT FAHEY: Right.MR., It wasn't nothing to do with FFD.SPECIAL AGENT FAHEY: Okay. Was there any animosity between you ani MR.: No.SPECIAL AGENT FAHEY: How about between you a SPECIAL AGENT FAHEY: Before this happened?MR. Yes.SPECIAL AGENT FAHEY: Yes, okay. You want to explain that a little bit on the record?M Sure. I'm going to have to.To really give you a real, good feeling of what happened, I was here in New Jersey working. Marie Artz called me. This. was about a week before the Point Beach outage. They were needing welders really bad. She called me three times and asked me to come over to to work.The third time the project superintendent for DZ, Jack Hammers, was in the office. I was on 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 36 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 speaker phone with him. Mr. Hammers told me that --my concern was coming all the way to Wisconsin to work for 14 days and then be without a job and he told me that if I would come and help him out with the outage at Point Beach that they would roll me directly over to Kewaunee and I could stay right there and-work-all the way through the January change out.SPECIAL AGENT FAHEY: Which was expected to be?MR. F Eighty some odd days starting in--- the end of September.

SPECIAL AGENT FAHEY: Okay.MR.,. So with him telling me that, I left here in New Jersey, quit my job in New Jersey and drove out there and worked the outage. Was sent to Kewaunee after the outage as a welder. There was myself and one other welder sent. The local employees had a real problem with that because I was a.There were local welders that were out of work. But Mr. Hammers *had made a promise to me and I made a promise to Mr. Hammers and as part of that because Mr. Hammers left. He left employment for DZ and went to work for somebody else.kept Jack's word that I didn't have to worry about becoming unemployed.

And I stayed NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 2344433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 37 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 there and I worked.* SPECIAL AGENT FAHEY: *Why a problem with MR Becaus was a member of Local 400 which is the --SPECIAL AGENT FAHEY: That's the Green Bay Local?MR.' That's the Green Bay Local and he felt that I did not need to be there.SPECIAL AGENT FAHEY: That you actually took somebody else's --r MR.,* Right. And he knew that he could not get rid of me because he had no legal means to terminate me and he couldn't lay me off ouldn't let him.So therefore Mr..ad kind of bad taste in his mouth for me. That was kind of how it was. I tried to stay clear of him and he watched me like a hawk.SPECIAL AGENT FAHEY: Do you think that denying that you raised a concern is retaliation for being from outside the area?MR. .It would be just pure speculation, but given everything I know -SPECIAL AGENT FAHEY: What do you think NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433 WASHINGTON.

D.C. 20005-3701 www.nealrgross.com 38 motive would be for that, admitting that you 2 guys had mentioned this to him?3 MR. Well, several things there 4 He had animosity towards me for being there knocking 5 one of his local brothers out of work. Okay. Also, 6 he knows that if he was to have told Security when 7 they did their investigating and I mean NMC, when they 8 did their investigation, the initial investigation 9 about this, if he had told them that we did tell him, 10 then that would put him in hot water. He could 11 possibly lose his access.12 SPECIAL AGENT FAHEY: Because he didn't do 13 anything about it at the time?14 M Because we find out now that 15 nothing was done about it when it was reported, so 16 therefore that would put him in the hot seat, instead 17 of us.18 When this investigation wasdone, I wasn't 19 in the area, so my investigation, the interview was 20 done by telephone.

Everybody else was done in person, 21 like we are now. You can get a whole lot more out of 22 a person by looking at them than you can by with the 23 telephone.

24 SPECIAL AGENT FAHEY: Yes, you can.25 MR.' So.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

39 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: How about any animosity between§anlt MR. yeah, they fought like cats and dogs. Everybody knows that. But then again, it was just -- it wasn't nothing major, but it was just differences of opinion, you know.SPECIAL AGENT FAHEY: Did they know each other?MR..,. Sure. Known each other for years.SPECIAL AGENT FAHEY: Had. been promised s job?.MR. I can't say one way or the other.SPECIAL AGENT FAHEY: Have you heard that though?...qpI.pbtfld L MR. I heard that, yes.SPECIAL AGENT FAHEY: Does the fact that you raised' concerns about is that retaliation for any disagreement you might have had over the welding issues that surfaced?

I mean did you have an ulterior motive for reporting-MR. ' Yeah, I had an ulterior motive.' Sure.SPECIAL AGENT FAHEY: I mean other than NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(2021 234-4433 WASHINGTON.

D.C. 20005-3701 www.nealrgross.com 40 1 you suspected he might be unfit for duty? Did you.do 2 it to get back at him because there was some problem 3 about the welding issues?4no 5 didn't have nothing-to do with welding issues.6 SPECIAL AGENT FAHEY: Okay. So it was not 7 retaliation?

8 MR. No.9 SPECIAL AGENT FAHEY: By you against him 10 for anything?11 MR. .No. If I got a problem with 12 somebody, I come up to them and tell them.13 SPECIAL AGENT FAHEY: And you didn't know 14 :before you arrived on site, did you?15 MR. No.16 SPECIAL AGENT FAHEY: Did you work with 17. him at Point Beach?18 MRP 'No. I had never met the man 19 until he came to work because I was there before he 20 came.21 SPECIAL AGENT FAHEY: Is there' any 22 documentation of this fitness-for-duty concern? Any 23 sort of problem report, condition report, employee 24 concerns report?25 MR. That was made when it 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 41 1 reported?2 SPECIAL-AGENT FAHEY: Yes.3 MR. .Not to my knowledge.

4 SPECIAL AGENT FAHEY: Is there now?5 MRJJ W If there is, I do not have 6 a copy of it and I have not been made aware of it.7 SPECIAL AGENT FAHEY: Has NMC ever 8 discouraged you or anyone else that you know of to 9 report fitness-for-duty concerns?10 MR.. As far reporting them, no.11 SPECIAL'AGENT FAHEY: But -- it sounds 12 like you want to say something else.13 MR. As far as how I reportit 14 no. There's a -- I won't report it the same way.15 It will be done in writing with a witness, 16 you know, such as Security or a member of upper 17. management.

18 SPECIAL AGENT FAHEY: Okay, but at the 19 time you worked there, no one ever told you it's 20 inappropriate to report somebody for fitness-for-duty?

21 MR.' No, nobody ever told me.22 SPECIAL AGENT FAHEY: You were given the 23 training and that's what the expectation was or you 24 believed was the expectation at the time?25 MR. 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 42 1 SPECIAL AGENT FAHEY.: Was there any 2 unspoken or unwritten rule that you just didn't report 3 another worker or another Union member?4 MR. No, no, no.5 SPECIAL AGENT FAHEY: So everybody there 6 seems clear about the necessity of not being unfit at 7 a nuclear power plant?8 MR.' Right, yes.9 SPECIAL AGENT FAHEY: Did the Union ever 10 discourage employees from reporting concerns?11 MR. No, not that I know of, no.12 SPECIAL AGENT FAHEY: And we talked about 13 this a little before we went on the record, knowing 14 today what you know, would you be hesitant to report 15 a fitness-for-duty concern at Kewaunee or Point Beach 16 in the future?17 MR.YWould I be hesitant?18 SPECIAL AGENT FAHEY: Yes.19 MR. No, I would not.20 SPECIAL AGENT FAHEY: But I think you 21 stated earlier, you'd just make sure it was done in.22 writing and documented?

23 MR.ý Yes, it would be documented 24 right there when I reported, made a report.25 SPECIAL AGENT FAHEY: Okay, what about 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 43 your co-workers?

Do you think.they'd be hesitant to step forward?MR. No.SPECIAL AGENT FAHEY: Let's talk a little bit about your access being denied.Have you actually applied for any future employment with NMC since you left Kewaunee?MR. No.SPECIAL AGENT FAHEY: How is it that you became aware that your access was going to be denied?MR. I took a call for the outage at Davis-Besse.

SPECIAL AGENT FAHEY: From Day &Zimmerman?

MR.. No. Well, yes, I found out when I got there it was Day & Zimmerman.

SPECIAL AGENT FAHEY: Okay.MR. When I took the call I didn't know who my employer was going to be.SPECIAL AGENT FAHEY: And when was this going to be?MR. Some time in January. It was the end.of January of this year.SPECIAL AGENT FAHEY: Okay.MR. y second day, no, actually, NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 2344433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 44 1 my third day on site at Davis-Besse,, I was removed 2 from site with armed security and was not told why 3 until I was removed from the site.4 SPECIAL AGENT FAHEY: What did they tell 5 you?6 MR. They told me that I had been 7 denied access at Kewaunee.

So therefore, they were 8 not going to grant me access.9 SPECIAL AGENT FAHEY: And did they know 10 why?11 MR Yes, they knew it was a 12 fitness-for-duty issue.13 SPECIAL AGENT FAHEY: Anything more 14 specific?15 MR.' No.16 SPECIAL AGENT FAHEY: You didn't report a 17 "fitness-for-duty or you did report it?18 MR.-I As far as I know, the only 19 thing they knew was that I was in violation of a FFD 20 rule.21 SPECIAL AGENT FAHEY: Did you attempt to 22 call them, NMC, and find out what it was all about?23 MR. Yes, Idid. That day.24 SPECIAL AGENT FAHEY: Who did you speak 25 to?NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 45 1 MR. Darlene Peterson.2 SPECIAL AGENT FAHEY: What did she tell 3 you?4 MR. She told me that I was under 5 investigation for an FFD violation and that was all 6 she would tell me. She wouldn't tell me anything 7 else. Well, she did tell-me there was a "flag on me 8 in PADS." 9 And until the investigation was completed 10 by them, that flag would remain in PADS and with that 12 flag being in PADS, there was no nuclear plant in the 12 United States that is going to give me unescorted 13 access.14 SPECIAL AGENT FAHEY: Now is this 15 conversation with Darlene Peters before you spoke to 16 the Investigator or after?17 MR. This is after.18 SPECIAL AGENT FAHEY: After. So you had 19 already spoken to Mr. Walker?20 MR. Yes. Mr. Walker, I spoke to 21 him on January 14th.22 SPECIAL AGENT FAHEY: Okay. Did they send 23 you any sort of formal documentation that you have 24 been denied access?25 MR. Yes, I received a register NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 2344433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14*15 16 17 18 19 20 21 22 23 24 25 46 letter from them, February.

February l1th, I believe, l1th or 12th. I don't have that letter with me, so I'm not sure about the date.SPECIAL AGENT FAHEY: Did that letter say basically the same thing that Darlene had told you?MR. 0 Well, it explained to me why I had been denied access. This letter that I got from them did officially deny my access for a period of one year which the period began September of my denial of unescorted access was due to untrustworthiness.

SPECIAL AGENT FAHEY: Was that explained in the letter or is it just that vague reference?

MR. It was that vague reference.

SPECIAL AGENT FAHEY: Did you speak to anybody else?MR.Yes, I spoke to Randy Cleveland.

SPECIAL AGENT FAHEY: What did he tell you?MR,. He didn't tell me nothing.SPECIAL AGENT FAHEY: When did you speak with him? Was it after Darlene?MR. Yes, it was after Darlene.I made several attempts to try to find out exactly what was going on and this was all within -- this was NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealroross.com 47 1 all before I received my letter, the registered 2 letter. I was trying to speak to anybody that knew 3 anything to -- I wanted to know what was going on.4 This was the first that I heard. That was the first 5 that I heard anything about any of this.6 SPECIAL AGENT FAHEY: Right, and when you 7 got your letter, did it tell you you could appeal the 8 decision?9 MR. Yes.10 SPECIAL AGENT FAHEY: Did you do that?11 MR. Yes, I did.12 SPECIAL AGENT FAHEY: And what was the 13 response?14 MR. The response was you're 15 still denied.16 SPECIAL AGENT FAHEY: Do you intend to 17 resubmit September 1st?18 MRA Yes, yes, I do.19 SPECIAL AGENT FAHEY: Anything that your 20 attorney has told you has transpired since you 21 attempted to contact NMC about your access? Has your 22 attorney done some work?23 MR.' Yes, he's done a lot of 24 investigating, getting affidavits and everything from 25 and also pulled up all the -- he's done 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 48 1 lot of work on previous cases and things like that.2 And I should have all that in my possession by the end 3 of next week.4 SPECIAL AGENT FAHEY: And if it's 5 appropriate, if you could fax or send me some of that 6 stuff.7 MR Sure.8 SPECIAL AGENT FAHEY: If it will help..9 MR Sure.10 SPECIAL AGENT FAHEY: I don't know if I 11 have any other questions.

Is there anything else that 12 you want to'raise?13 M The only thing that I really 14 want you to know on the record is that the whole issue 15 of the FFD violation with Mr., the day that 16 it happened and the week that it happened, that that 17 was probably fumbled by a lot of people and it all 18 involved around Mr.19 The investigation that was done or the 20 interview that was done by Mr. Walker, I feel was done 21 illegally and it was done with deception by him 22 stating that he was an Investigator for Employees' 23 Concerns.

Employees' Concerns and Nuclear Security 24 are two totally different things. You're told every 25 nuclear plant that you go in that if you have any NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com w

49 1 issues, have any questions, you're free to talk to 2 Employees' Concerns.

They're there to help you to 3 resolve issues or problems.4 And us, as workers, rely on things like 5 that to help us get things across to people that are 6 a little bit stubborn, maybe, hard headed, that may be 7 trying to take things too fast. You know what I mean?8 And when somebody calls you on the 9 telephone and identifies themself as that person, 10 you're supposed to be able to talk to them and not 11 fear any type of retribution.

In this case, I talked 12 to him like I felt I didn't have' to worry about 13 anything that I said because it was supposed to remain 14 confidential.

15 I talked to him on January 14th. My 16 access was denied on-January 15th, the very next day.-17 That's kind of coincidental.

18 And also, he worked very diligently to 19 find me by telephone to do this interview.

He could 20 have called me back the next day and told me don't 21 bother drive all the way to Ohio, don't spend your 22 money to work because you're not going to be able to.23 Which I know are minor little things there that really 24 don't matter to anybody, but they matter to me.25 As far as FFD rules and regulations, I NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 50 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21.22 23 24 25 think they're very important.

I'm not going to bend the rules for anybody, whether they're a friend of mine or somebody I don't like. They're there for all of us.SPECIAL AGENT FAHEY: And" ever asked you.about the rules?MR.' No. No. And this is the type of person I am. This ain't got nothing to do with -- but this tells you what type of person I am.My best friend used to work for me. I fired him one day and he lived with me. That's what type of person I am. When it comes to rules, when it comes to rules on a job, I hold them --SPECIAL AGENT FAHEY: You fired him because he broke the roles?MR.SC Yes.SPECIAL AGENT FAHEY: Fitness-for-duty rules?fffffffffffffffff~

MR. .No. Insubordination.

That's just to show you what type of person I am. I don't show any favoritism.

If somebody has done something wrong, something needs to be done about it.And I'm going to try my best. I hope that this gets straightened out, I really do. I mean it needs to.The whole thing was screwed up from the get go. NMC's NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com

.i 1 investigation and also I do want to let you know this, 2 I don't know if anybody has told you or if you know, 3 but Mr. Cleveland, when I talked to him in July of 4 this year, actually June, I'm sorry, end of June this 5 year, I did give him a copy of this affidavit I have E talked to him on the telephone.

7 Told him that I did have this information and I did 8 feel that it would help my case as far as being denied 9 access. He told me that as far as he was concerned, 10 the only sites that this denial of access pertained to 11 was NMC sites, which the way I understand it there's 12 only five of them and they're in Wisconsin and 13 Minnesota, I believe, if I'm correct.14 He was unaware that him denying me access 15 in those plants had also denied me access everywhere 16 else and I figured that somebody being in the position 17 that he is ought to know that.18 SPECIAL AGENT FAHEY: Do you know what 19 PADS is?20 MR. .It's a centralizeddata base 21 that's got everybody's information as far as 22 clearances go.23 As far as what the acronym stands for, I'm 24 not real sure.25 SPECIAL AGENT FAHEY: Okay, anything else?NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433 WASHINGTON.

D.C. 20005-3701 www.nealramss.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 52 MR... I guess that's it.SPECIAL AGENT FAHEY: Mr.. have I threatened you in any manner or offered you any reward in return for your statement?

MR.i No.SPECIAL AGENT FAHEY: Have you given your statement freely and voluntarily?

MR. Yes.SPECIALAGENT FAHEY: Anything further you want to add for the record?SM FAEY No..SPECIAL AGENT FAHEY: Okay, we're off at 5:30..(Whereupon, at 5:30 p.m., was concluded.)

the interview NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS.

1323 RHODE ISLAND AVE., N.W.WASHINGTON.

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

Interview of Docket Number: 3-2002-004 Location:

Elizabeth, New Jersey 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.

M ry b Massey O ficial .Reporter Neal R. Gross & Co., Inc.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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