ML062000333

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Transcript of Individual
ML062000333
Person / Time
Site: Salem, Hope Creek  PSEG icon.png
Issue date: 07/08/2004
From:
NRC/OI
To:
References
1-2003-045, FOIA/PA-2005-0194
Download: ML062000333 (44)
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I UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION OFFICE OF INVESTIGATIONS INTERVIEW------------------------------

X IN THE MATTER OF: INTERVIEW OF: (CLOSED)/IC-,: Docket No. 1-2003-045

X Thursday, July 8, 2004 Human Resources Department Building TB2 Salem Hope Creek Nuclear Station Hancock's Bridge, N.J.The above-entitled interview was conducted at 1:46 p.m.BEFORE: Senior Special Agent JEFF TEATORftQi@ de:leted fn accordance with the Freedom of Information Act, exemptions

-2X, "-F-FOIA- "0 o2 r-/ /,Q/LV 2 APPEARANCES:

On Behalf of the Witness, JEFF KEENEN, ESQ.Senior Attorney PSEG Services 3 1 P-R-0-C-E-E-D-I-N-G-S 2 1:46 p.m.3 SR. SPECIAL AGENT TEATOR: Today's date is July 4 8, the year is 2004, my name is Jeffrey Teator, I'm a 5 Senior Special Agent with the United States Nuclear 6 Regulatory Commission, Office of Investigations.

It's 7 approximately 1:46 in the afternoon.

8 This afternoon I'm conducting a third interview 9 with' This interview is being conducted in 10 a Human Resources empty office, TB2, at the Salem Hope 11 Creek Nuclear Generation Station in Hancock's Bridge, New 12 Jersey.13 )this is a voluntary interview.

14 Knowing it's voluntary do you wish to go forward?15 "* YesIdo.16 SR. SPECIAL AGENT TEATOR: Okay. Ard you're 17 still considered a witness at this point in this 18 investigation I want you to understand that. Do you have 19 any objection to providing sworn testimony?

20 None.21 SR. SPECIAL AGENT TEATOR: Okay. Raise your 22 right hand for me please. do you swear that the 23 information that you are about to provide to me is the 24 truth, the whole truth and nothing but the truth?25 do.

4 1 SR. SPECIAL AGENT TEATOR: Thank you.2 you're represented by counsel today. Jeff, is your 3 representation the same for )as it was in the 4 prior two interviews?

5 MR. KEENEN: Yes, and for the Court Reporter my 6 name is Jeff Keenen, counsel with PSEG Services and my 7 representation of 0s the same as previously described.

8 SR. SPECIAL AGENT TEATOR: Okay.9 MR. KEENEN: And, again, we would like to have 10 the ability to review the transcript when it's available, 11 in the presence of a representative from the NRC.12 SR. SPECIAL AGENT TEATOR: Okay. ( I is that 13 your understanding of the representation, that it is the 14 same?15 16 SR. SPECIAL AGENT TEATOR: Okay. Anything else 17 Jeff before I go forward?18 MR. KEENEN: I don't have anything further.19 SR. SPECIAL AGENT TEATOR: Okay. I need to ask 20 you some questions about a tape recorded conversation, the 21 conversation is between you and Kim Harven (phonetic) and 22 what I'll do is I'll play the tape and again the tape was 23 not made at the direction or request of the NRC. It was 24 made independent of the Commission but it's come to the 25 Commission's attention and possession, and I need to ask 5 1 you some questions about that.2 So, Jeff, what I'm going to do is I'm going to 3 play the tape and I have a transcript here and you can 4 follow on in the transcript.

I believe it's a pretty good 5 recording actually as opposed to some of the other tapes 6 that have come out in this investigation.

7 Okay.8 SR. SPECIAL AGENT TEATOR: So you can read along 9 and then we'll go back on the record and I'll have some 10 specific questions for you, and I might just when we go 11 back I might play portions of the tape to ask4Wspecific 12 questions about it.13 MR. KEENEN: Can you provide any foundation as to 14 its origin, date, time, or is that self revealing as part 15 of the transcript?

16 SR. SPECIAL AGENT TEATOR: The tape recording was 17 made by Kim Harven of the telephone conversation withi 18 4 on March 27, 2003. Now, the tape recording was 19 WHOM zirk-z_1-.

.1 i. they have a 20 -that can do that kind of work, they did 21 .. it a little bit and we've been informed by them 22 that they did not identify any type of "Ql..... with the 23 tape. To their experts there did not appear to be any sort 24 of 0with the tape, so we're relying on that. "6i-25 Okay.

6 1 SR. SPECIAL AGENT TEATOR: And, again, the 2 recording is pretty clear so I'll play it and then we'll 3 come back on the record and I'll have some questions for 4 you about that.6 SR. SPECIAL AGENT TEATOR: Jeff, is there 7 anything more you want to add before I play the tape?8 MR. KEENEN: No, but I might have something to 9 add before we testify to the tape.10 SR. SPECIAL AGENT TEATOR: Okay. It's 1:50 right 11 now, I'm going to go off the record and we're going to play 12 the tape so you can hear it and follow along on the 13 transcript.

14 (Whereupon, the foregoing matter went off 15 the record at 1:50 p.m. and went back on 16 the record at 2:10 p.m.)17 SR. SPECIAL AGENT TEATOR: Okay. It's 2:10 in 18 the afternoon.

We've just finished listening to a copy of 19 a taped telephone call between and Ms. Harven and 20 And you had a copy, you had a chance to review the 21 transcript as the tape was being played, is that correct?22 Yes that's true.23 SR. SPECIAL AGENT TEATOR: Okay. I'm going to 24 have a couple of follow up questions, but Jeff is there 25 something you want to say before I begin my questioning?

7 1 MR. KEENEN: Yes, as occurred previously had 2 another taped discussion and he's completely comfortable 3 with providing voluntary testimony on that. My point from 4 a legal standpoint is if the tapes are found or deemed to 5 be inadmissible for any reason, whether that because they 6 were inappropriately procured or somehow tampered with, we 7 will just preserve the ability to strike this testimony, 8 you know, given that scenario.9 And, again, it's obviously distressing to be 10 secretly recorded, it's not a typical evolution.

11 SR. SPECIAL AGENT TEATOR: Okay.12 MR. KEENEN: But that being said, s 13 prepared to move forward and answer your questions.

14 SR. SPECIAL AGENT TEATOR: Okay.15 recognize that are your voice on the tape?16 Yes I do.17 SR. SPECIAL AGENT TEATOR: And do you recognize 18 that as Kim Harven's on the tape?19 Ys 20 SR. SPECIAL AGENT TEATOR: Okay. Why did this 21 call take place? It seemed like you were trying to contact 22 her. Can you go back to that time period and tell me why 23 you were trying to contact her?24 As I recall, there may have been more 25 conversations than just this one, just to reaffirm, 4 -

8 1 reassure that she was going to out process on that Friday, 2 because I got a strong sense, and you can even see it in 3 this tape, that she's making every attempt not to have 4 Friday her last day.5 SR. SPECIAL AGENT TEATOR: Okay.6 So there was a series of 7 conversations as I said. This is only one conversation I 8 believe there were others.9 SR. SPECIAL AGENT TEATOR: Okay. Were you 10 directed by anyone above you here at the plant to make this 11 contact with Kim Harven on the 2 7 th?12 No.13 SR. SPECIAL AGENT TEATOR: Okay. I'm going to 14 play the tape now and, Jeff, I got it to a point where 15 we're at the bottom of page three and I'll play the tape 16 and I'll have some questions for you.. It's right at the 17 bottom there where it begins, and we went through with it 18 , that whole group, we eventually got to a good 19 place. I'm going to play the tape from that point up to I 20 guess the end of page four and then I'll have a couple of 21 questions for Okay?22 MR. KEENEN: Yes.23 SR. SPECIAL AGENT TEATOR:( are you ready? £24 "M Sure.25 SR. SPECIAL AGENT TEATOR: Okay. I'm going to 9 1 play the tape now. It's 2:13.2 (PLAYS TAPE)3 SR. SPECIAL AGENT TEATOR: Okay. I'm going to 4 stop the tape. Questions about Kim's response to you from 5 line four to line ten. Can you think back to this? I'm 6 going to ask you if you can answer this, why then didn't 7 you ask her what she meant by her feeling she had not been 8 dealt with honestly to be honest with. Do you see that?9 Hmm-hinm.o l)10 SR. SPECIAL AGENT TEATOR: Can you -- I mean I 11 hear the tape and I'm looking for an explanation for why 12 didn't you right then ask her what she was talking about 13 and what she felt, how she felt that she had not been dealt 14 with honestly?

Do you have an answer?15 1: I really don't have an answer as to 16 why I didn't take a different course of action. As I'm 17 reading this paragraph that's before me, it's alluding to 18 the conversation I know I had with her the prior year about 19 hers being a temporary assignment.

I'm making assumptions 20 that maybe her recollection is wrong. I don't know what's 21 in her mind. I really can't comment on what's her 22 thinking, but it's inconsistent with what I believe was 23 told to her, the e-mails and everything else.24 SR. SPECIAL AGENT TEATOR: Okay.25 It just seems inconsistent.

And 10 1 you've got to remember, this is the day before she's about 2 to be separated with the company, so I mean I'm trying to 3 be emotionally agreeing, trying to help her through that, 4 and that was what you heard at the beginning of the tape.5 SR. SPECIAL AGENT TEATOR: Okay. But on page 6 four here she's telling you, it reads on line 6, "What I am 7 having a most difficult time dealing with is the chronology 8 changing, the messages being inconsistent with what 41W 9 told me originally.

I feel that I am not being dealt with 10 honestly." 11 What she's talking about there is her date being 12 moved up, and my question to you is did you recognize then 13 that that's what she was talking about and, if so, why 14 didn't you ask her what she felt she had been dealt with 15 not honestly about?16 In listening I understand what you're 17 saying or painting.

I didn't recognize that she's saying 18 this is the whole chronology with r things changing, C 19 I really couldn't make, even reading it now, I'm not really 20 sure about making those assumptions that you just said.21 SR. SPECIAL AGENT TEATOR: Well I'm going to play 22 the tape and I think it becomes abundantly clear that she's 23 talking about her date being moved up through most of this 24 taped conversation.

I understand earlier in the transcript 25 or at one point she does talk about she thought her job was 11 1 going to last, if it was going to last only a year she knew 2 that she wouldn't have come down here. I'm not going to 3 talk about that. What I'm talking about --4 MR. KEENEN: But in fairness to(0 you asked 5 him about this specific section.6 SR. SPECIAL AGENT TEATOR: Yes I did.7 MR. KEENEN: So if it's expanded upon later that 8 context is an overall discussion.

9 SR. SPECIAL AGENT TEATOR: Okay. If you go back 10 to page three, on line 17 where you're talking on line 17 11 to line 22, you're saying because you know it didn't, I 12 don't know about you but it didn't land, it didn't feel 13 comfortable and it seems strange. And I know it's very 14 difficult and when I went through it with(and 15 that whole group, he eventually got to a good place.16 It seems to me you're talking there about your 17 conversation with her on Monday the 2 4 th where you tell her 18 that her last day is being moved up.19 And maybe we're just looking at 7 20 differently.

When I'm talking about and others, 21 it's very difficult, it didn't land correctly, meaning that 22 her in our relationship discussion didn't land correctly 23 and she and I were strained.

That's what I was trying to 24 say earlier and that was the start of the conversation.

25 SR. SPECIAL AGENT TEATOR: Butjý Ithe one fltL 12 1 that tells Kim in February that her job is being 2 eliminated.

Your conversation with her on the 2 4 th which 3 would have been Monday, March 24t" 2003, during that 4 conversation that's when you told her that her last day is 5 being moved up.6 And this conversation that I just played here, 7 this taped conversation, is Thursday of that week which 8 would be March 2 7 th. So I'm reading this whole transcript 9 that the majority of it she's referring to her day being 10 moved up.11 Okay.12 SR. SPECIAL AGENT TEATOR: Not being able to work 13 until April 16, 2003. I'll play the tape some more and 14 we'll go forward.15 P Oky 16 SR. SPECIAL AGENT TEATOR: And I'm going to begin 17 playing the tape again.18 Sure. Whereabouts

--19 SR. SPECIAL AGENT TEATOR: It'll begin on page 20 four, line 11. Okay.21 (PLAYS TAPE)22 SR. SPECIAL AGENT TEATOR: Okay. So when Kim's 23 telling you this, that you contradicted things that., 24 told you, my question is it doesn't appear you asked her 25 what she was specifically talking about in your next 13 1 statement, and I'm wondering why.2 I guess I'm looking at it, I don't 3 know why I didn't ask why, but I don't know how I would 4 respond to it. Again, and I hate to keep on going back, 5 this is the day before she was out processed, fine. Maybe 6 I'm locked into this is the end of her employment, she's 7 resisting and, you know, I'm just trying to help her and 8 move through to what I see as the ultimate end, which is 9 her separation from the company.10 But I mean even reading all of this, I didn't see 11 where, I hear what you're saying and maybe I could have 12 asked different questions, but I don't see anything here 13 that's actionable.

14 She's saying, you know, I'm getting mixed 15 messages.

There's nothing here specific.

There's nothing 16 really for me to respond to.17 SR. SPECIAL AGENT TEATOR: Okay. I'm going to 18 play the tape some more.19 20 SR. SPECIAL AGENT TEATOR: And it's going to 21 continue right there on I guess line 22, line 22 and 23.22 I'm going to play the tape some more.23 (PLAYS TAPE)24 SR. SPECIAL AGENT TEATOR: Okay. What she's 25 referring to there is Thursday, March 20, okay?

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 14 i Hnn-hmm.SR. SPECIAL AGENT TEATOR: All right. Do you agree that that's Thursday of the week prior?That's what it sounds like. Yes, that's what it sounds like.SR. SPECIAL AGENT TEATOR: All right. I'll play the tape some more.(PLAYS TAPE)SR. SPECIAL AGENT TEATOR: Okay. I'm going to break this down now. On page seven, between lines 3 and 7, Kim Harven tells you that it's very interesting that I go to him, which would be Thursday March 20, and have a conversation and then he, Kim's saying to you, thatQ2 calls you and asks you to accelerate her departure.

Kim says I don't consider that an accident, given what I shared with him.Why then did youvconfront her with what are you talking about? Because you used the word before, you probably didn't respond to her because there was nothing actionable.

I look at this, that sounds actionable to me.Why didn't you ask her for more on what she meant by that?Ok ay.SR. SPECIAL AGENT TEATOR: I'm looking for an explanation really.(j' -Ad I just beg to differ with you. I 15 1 don't. see it as actionable.

You have to remember that we 2 have the benefit of a typed report here and to go over it 3 word for word. You have to go over the paragraph before 4 because, to tell you the truth, I think again when I read 5 the prior page that's manipulating, changing the facts.6 SR. SPECIAL AGENT TEATOR: Page six?7 ) Yes when she says that no one told 8 her that her assignment was potentially over in 2002 that's 9 not true. She had e-mails. I had a conversation with her 10 and that was starting in mid-year, all along I knew that 11 her assignment, or believed her assignment, was going to 12 end in 2002.13 I believe that she was trying to manipulate me or 14 the conversation in this context. And a rotational 15 assignment, there was no rotational assignment.

They were 16 eliminating positions in corporate, this was a final safety 17 net for her. If she didn't get this job she was going to 18 be laid off in corporate.

19 So it's my understanding that she knew all of 20 those things in advance of this conversation.

So I have to 21 tell you, and maybe it sounds a little bit, maybe I'm 22 getting a little upset here but --23 SR. SPECIAL AGENT TEATOR: Go ahead. Get 24 emotional because I need to understand really. /U 25 Yes this seems like I'm being 16 1 manipulated one more time. So maybe I didn't weigh every 2 word but I'm telling you, I'm looking you straight in the 3 eye, is that I felt as though I was being manipulated in 4 here one more time and as I --5 SR. SPECIAL AGENT TEATOR: So in that 6 conversation you're having that feeling?7 Yes.8 SR. SPECIAL AGENT TEATOR: All right.9 ýW) You have to remember I'm focused on 10 trying to make this as pleasant a separation as possible.11 I'm being manipulated the last couple of weeks, 12 getting manipulated the last couple of weeks, and I didn't 13 weigh every word. Now if she had, in your words, you know, 14 a safety conscious work environment, any of the buzzwords, 15 the conversation would have stopped. This innuendo trying 16 to weigh every word, I didn't do that, I can't do that in 17 every conversation.

The benefit of this I recognize it 18 when I'm reading it, but personally I still don't think I 19 did anything wrong.20 And I don't see where she said, you know, I 21 raised a safety concern, I did this or whatever, And 22 as soon as you say that I'm off and running and whether 23 it's 414 or anybody else, we're going to employee 24 concerns and we're off and running. I didn't get that 25 message.

17 1 SR. SPECIAL AGENT TEATOR: Right. All right.2 Thanks. The issue here I'm looking at, I'm not looking at 3 the decision to eliminate her position, what I'm focusing 4 on here really is the decision to move up her last day.5 And she's talking about a little of both 6 throughout the transcript, but this portion here on page 7 seven, well actually beginning on page six, the bottom of 8 page six, line 22, she asks you, "Did( tell you what I 9 met with him about on Thursday?" And you answer, "No, he 10 did not go into any detail or anything I mean" and then 11 going over to page 7 Kim asks, "Well you could ask him?12 And you say okay." 13 And Kim says, "It is very interesting that I go 14 to him" him meaning "and have a conversation 2 -15 and then he calls you and asks you to accelerate my 16 departure." 17 Now you've already testified that you were 18 directed on March 1 8 th by (phonetic) and 19 (phonetic) to move p her last day..20 That's absolutely correct.21 SR. SPECIAL AGENT TEATOR: My question to you 22 the, she clearly has a different impression here. She 23 says, ,4calls you and asks you to move up her last day.24 Why didn't you tell her right there that, wait a minute, 25 Kim, that decision was not made by it was started by 18 an Why didn' t you tell her that, 3 Well, in looking on this I don't even 4 know that I picked up that subtlety about the words. You 5 said yourself that this was enhanced.

I don't even know 6 how clear it was when she's making that conversation with 7 me. I don't remember her saying, told me to move up, 8 or moved up or accelerated the date. I don't 9 remember that specifically saying. I just hear it on the 10 tape I see it in written text so obviously it was said.11 It's here. I don't remember that precise or pristine, and 12 to tell you the truth, even reading this today, I don't 13 know what I would have done anything differently because, 14 again, the context I was, where I was at that point in 15 time, I was being manipulated.

She has already given me 16 the run-around.

In fact even later in here she's saying 17 she still has more work fort ,and

  • And I know 18 that's not true.19 I don't mean to get uptight.20 SR. SPECIAL AGENT TEATOR: No, get uptight. Get 21 emotional because I want to hear what you really feel. I 22 really do because frankly,b this issue of moving up 23 her last day it's really not clear to me. It's not.24 Well then let me make it 100 percent 25 clear. I'm telling you the truth, it happened in Hamilton'V 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 Park, I was told what to do, had a conversation, I attempted to carry out, it didn't happen. In my mind, whether it moved a day or two or whatever, that wasn't the be all and end all, it didn't turn anything from my perspective.

I understand my boss wanted that to happen. I didn't make it happen that Friday, I was making it happen the next week. I'm telling you straight up the conversation I had with if )on that Thursday was, I don't know, a minute or two minute conversation and.by the way, we, HR, were moving up her date. Do you have any work for her? No I don't have anything.

Make sure you check with( U Anything?

No.I had a conversation with Kim. I took accountability for her layoff. We had a conversation.

That was *-mconversation.

He says fine. I'll follow up with' I followed up with§ laid it out and it happened the following Friday.All along, and you can tell I'm getting pissed, because I believe she was manipulating me, she manipulated this conversation.

I was not homing in on any word and if you talk toor anybody else, there was a concern how do we get her out of here because even to this end -- and this wasn't the end -- she tried to get that the following day, on Friday, that Friday wasn't her last day. L 20 1 So I'm telling you, yeah I'm a little pissed 2 because I believe she is putting words out here. I'm not 3 weighing every word and I didn't know that, and by the way 4 it's okay if she records it, that's fine. I'll say 5 whatever I said. That looks about what was said in the 6 conversation.

7 I was concerned about her and that's how I feel, 8 now I'm getting twisted. I called in the beginning because 9 I was concerned about her, her mindset, and then this is 10 how it gets laid out. So yeah I'm pissed, I'm pissed.11 SR. SPECIAL AGENT TEATOR: Well --12 I'm sorry.13 SR. SPECIAL AGENT TEATOR: You don't have to be 14 sorry.15 I am pissed.16 SR. SPECIAL AGENT TEATOR: All right. Good. I'm 17 going to ask you something else now and really I've heard 18 your testimony about the direction given by an'19 on the 1 8 th, but when I play the two tapes that Kim taped 20 you, it doesn't make it clear to me that that's what 21 happened, because the way it is communicated to Kim, it's 22 not communicated to her.23 No and you're absolutely right. When 24 I heard that tape I was --25 SR. SPECIAL AGENT TEATOR: And this one, too. SheiY-Z 21 I tells you ..flat out on page seven, I go to I had this p7<..2 conversation with him, you should ask him about it if you 3 don't know what I told him. And that ithen calls you"c 4 to accelerate my departure.

I don't consider that an 5 accident given what I shared with him. That's what she 6 says there.7 Hmm-hmm.8 SR. SPECIAL AGENT TEATOR: Now that puts that 9 issue back into play for me. So what I'm going to ask you 10 is if you're so, you know, would you You 11 can consider, I'm going to 12 JAW" 3Zthat on March 18th 13 you were told by and with 'resent, to 14 move up her last day. That would be the issue -15 16 You don't have to answer me now but I'm, , 17 1-... -,,2'--this up because the tapes really 18 confuses, it does it confuses it. It does, it confuses it.19 Well let me just ask a couple of questions and 20 maybe you might want to ask your attorney.21 1 0 Well I'll answer what I can but I'm 22 not on --23. Because my brother-in-law he works fo- w 24 25, .... he was over in England, he'Is back now. They Ire I.2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 22 I certainly I'm telling you straight up, I know I'm telling the truth. I don't know, I'd have to talk to Jeff, I know I'm i M qq ------1. _-4" K , Th e i" MIi s the only thing PtZ.I'm worried about because I get a little emotional and high strung, I would not wan--SR. SPECIAL AGENT TEATOR: About what? Say it again.I I know that I'm telling the truth that the conversation with and( &in Hamilton Park about your words accelerating or moving her up, make it happen, make it happen the end of the week. I'll do my best, that was the conversation.

SR. SPECIAL AGENT TEATOR: Do you agree though that the taped conversations between you and Kim confuses whose decision it was to move up her last day?Yes I agree. When I read it I was --SR. SPECIAL AGENT TEATOR: What's the issue?I was disappointed in myself that I wasn't clearer or cleaner and it was my desire probably not 23 1 to confront that made the issue worse.2 And you've got to remember, at the time we didn't 3 know that there's going to be any importance of whether 4 there's a conversation with-- ýon the 2 0 th or whatever.5 It really didn't matter. It was about helping out process 6 her as sympathetic as best we could without being 7 confrontational.

8 Yes, you're absolutely right is that I should 9 have said !told me on Monday to out 10 process you, it's a done deal. Yes, we're looking into 11 your misrepresentation of your expense reports, you could 12 be potentially discharged through all of this. Yeah I wish 13 we had that conversation with her. In fact, I wish we had 14 fired her because I truly believe there was grounds for a 15 discharge on this way back in February.16 SR. SPECIAL AGENT TEATOR: And you testified to 17 that earlier?18 Yes.19 SR. SPECIAL AGENT TEATOR: I remember that.20 I'm sorry, I'm rambling.21 MR. KEENEN: Just for the record I just want it 22 to be clear that I haven't interjected in any of the 23 discussion, Crovided his frank opinion and I hope 24 that's beneficial for the NRC.25 through three voluntary interviews 24 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 and I have every reason to believe he's been fully candid and cooperative in the process. There's been a number of taped recordings which can be dismaying to people, and he's testified to that.So with respect to If you want to proceed with it, Jeff, please let me know what you want to do in terms of moving forward with that.SR. SPECIAL AGENT TEATOR: IIM You can set it up, I'm today.MR. KEENEN: Okay, well let me think about it with and we'll get back to you on that.The other thing I might mention is I don't know if Ms. Harven has been '-here. T There are certainly some anomalies here in the discussion that I think would need to be cleared up from her perspective as well. And so I'm concerned from that" perspective.

SR. SPECIAL AGENT TEATOR: Okay. I'm just jotting a note down here. Okay.And I didn't mean to go on my tirade but you just hit a nerve.SR. SPECIAL AGENT TEATOR: It's my job to hit nerves. I mean, you know, this stuff isn't easy. I appreciate the fact that you're -- you probably, I mean you 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 25 didn't know you were being taped. Well you were and so we have to deal with it.No and I'm okay with it. You don't know me but whatever I said I'll stand by. So I mean whatever the date was, that was the date. I know what the date was. I mean plus I mean my motivation, I'm not a stupid guy, am I going to lie to you or anybody else? Hell no. And you've got to remember,( *as on his way out, -there's no motivation for me to lie or distort or protect anybody so it's like I'm going to tell you the absolute truth, and I am telling you the absolute truth.SR. SPECIAL AGENT TEATOR: The timing of the decision is --Oh I know.SR. SPECIAL AGENT TEATOR: And you throw that in with what's on these taped phone calls, it really opens up to what happened, who made the decision and why to move up her last day.Oh yeah. I've done your job, or I do your job, so I mean I'm perfectly comfortable with your thoroughness.

I would do the same thing. So I mean --SR. SPECIAL AGENT TEATOR: Well I'm going to play the tape and we'll go forward with some more questions.

I have more questions.

/A MR. KEENEN: Yes, but I mean it certainly begs 26 1 questions that can't answer, like why didn't Ms.2 Harven volunteer the details of the 3 discussion?

I mean we can't answer those questions in this 4 room because that's for Ms. Harven to explain.5 SR. SPECIAL AGENT TEATOR: Well I've got a 6 question then, Jeff. I mean on page six and going to page 7 seven, she asks you if you talked to, On page six "2 8 line 22 she asks you, "did 1 tell you what I met with 9 him about on Thursday?" You answered on line 24, "no he 10 did not go into any detail or anything." 11 And then at the top of page seven she asks you, 12 "Well you could ask him?" Did you ask him after this?13 No.14 SR. SPECIAL AGENT TEATOR: Why not? I'm not 15 being critical, I'm just saying --16 .No, no I'm okay with this. At this 17 point I believe she's manipulating, I believe she's 18 manipulated this company for over a year with her expenses 19 and everything else. I'm at the goal line, I'm driving for 20 the goal line and I'm not weighing every word. I'm driving 21 for the goal line, and the goal line is to get her out of 22 this organization, like we've done with so many employees.

23 And I had done a group right before her and I had 24 nowhere near the difficulty I had with Ms. Harven.25 SR. SPECIAL AGENT TEATOR: Right.

27 1 MR. KEENEN: That's my point, Jeff. can't 2 answer why Kim didn't clearly articulate it. She knew this 3 conversation was being taped. She clearly taped it. Why 4 did she not continue that dialogue and explain the 5 discussion to' right then and there? I think that's a 6 fair question nobody in this room can answer.7 SR. SPECIAL AGENT TEATOR: All right. It is a 8 fair question.9 MR. KEENEN: Okay.10 SR. SPECIAL AGENT TEATOR: We'll move forward and 11 we'll go through this, there's only a little bit more.12 No I'm fine like I said.13 SR. SPECIAL AGENT TEATOR: And we'll deal with 14 each question as it comes along, okay. You want go 15 forward?16 Yes, I'm fine.17 SR. SPECIAL AGENT TEATOR: All right. I'm going 18 to continue playing the tape, I'm just not sure where we're 19 at at this point.20 It's just rare that I get hot so I 21 mean I --22 SR. SPECIAL AGENT TEATOR: You got kind of hot 23 last time we talked, a little bit. Maybe you'll get hot 24 again, let me play the tape.25 Go ahead./

28 1 SR. SPECIAL AGENT TEATOR: All right.2 (PLAYS TAPE)3 SR. SPECIAL AGENT TEATOR: Okay. She's just 4 finishing up telling you about what's on line 3 to 7 on 5 page seven. Page seven.6 Okay.7 SR. SPECIAL AGENT TEATOR: We're probably about 8 on line 8 about now.9 Okay.10 SR. SPECIAL AGENT TEATOR: Why don't you get to 11 there and read that little bit and then I'll put the tape 12 on so you're where we're at in the tape, okay. I'm going 13 to play the tape now.14 Sure.15 (PLAYS TAPE)16 SR. SPECIAL AGENT TEATOR: She says 17 "compromising," and I think what she meant, and I can't 18 speak for what she meant but I believe what she meant was a 19 compromising position.

And she believes that id put 20 you in that position.21 Again, I guess the question is can you give me an 22 answer why you didn't pursue with her what she meant by 23 that?24 No only 25 SR. SPECIAL AGENT TEATOR: And I understand what 29 1 you said before.2 Yes, exactly. Only what I said 3 before. I was not weighing every word. Like I said, I was 4 somewhat driving for the goal line and I'm just telling you 5 I didn't take in the context of this that there's anything 6 illegal, immoral or unethical that happened, because 7 believe me, if I knew any of those three things, I would 8 have had a specific course of action.9 SR. SPECIAL AGENT TEATOR: Okay. And what would 10 that have been?11 Well if it's NRC I go to employee 12 concerns.

I go to wherever I have to go.13 SR. SPECIAL AGENT TEATOR: All right.14 A.ý I mean I don't have a problem doing 15 my job.16 SR. SPECIAL AGENT TEATOR: And did you recognize 17 that there was anything like that in this conversation up 18 to that point?19 No. No.20 SR. SPECIAL AGENT TEATOR: Right. I'm going to 21 play the tape.22 (PLAYS TAPE)23 SR. SPECIAL AGENT TEATOR: Again, you know, when 24 you hear the tape it appears that it's decision to 25 move up her last day. Do you see that? This is her saying 30 1 this but this is what Kim Harven's thinking at that point;2 I'm understanding her thinking, I 3 don't agree with necessarily your conclusions.

4 SR. SPECIAL AGENT TEATOR: I haven't concluded 5 anything yet.6 Oh okay.7 SR. SPECIAL AGENT TEATOR: I haven't I mean but 8 I'm telling you there's open questions still out there.9 Well this is request, this is 10 1" Orequest, I don't know whose request it is any more.11 So I mean to me it's more rambling, it's more babble in an 12 attempt to delay or move off of the inevitable.

You're 13 asking me and that's how I see it.14 SR. SPECIAL AGENT TEATOR: You've got to 15 understand, and I don't know if you notice, you're not the 16 only person that was taped, okay?17 Well --18 SR. SPECIAL AGENT TEATOR: I'm just telling you 19 that. We have other tapes.20 That's fine, I can only --21 SR. SPECIAL AGENT TEATOR: Not just of you, all 22 right.23 And again I'm okay, I don't care who 24 is taped. I'm telling you I know what I said and I know 25 how it happened and that's it. /\

31 1 SR. SPECIAL AGENT TEATOR: All right.2 when, approached you with some 3 issues that Kim had come to! about, what 4 actions did you take? And I think you previously testified 5 to it.6 Yes, I think it was in one of the 7 others, but I mean said Kim said she may have some 8 kind of safety concern and called him, or reached out to 9 him. And I said call her back, tell her to go to employee 10 concerns and I will immediately do the same thing. And I 11 think within an hour or two I notified employee concerns 12 that there was a potential concern on her behalf.13 SR. SPECIAL AGENT TEATOR: Right. I remember you 14 testifying to that. But was that after she was already 15 gone that that came to --16 I think that it was. But it still 17 goes to my thinking, once I know or identify there's a 18 potential whistleblower employee concern or whatever.

I 19 was reading an exit interview on someone else and -id 20 the exit, I'm reading the exit interview, I review them on 21 a monthly basis, I picked out a piece that I thought was an 22 employee concern, okay. t didn't, she wasn't listening 23 or in tune to that. I made the call over there and as far 24 as I know they did an investigation on that.25 So I am in tune if I know that there's some kind 32 1 of impropriety or whatever, if I recognize it. So through 2 all of this, I didn't recognize it. And I still don't 3 recognize it. I mean I'm hearing what you're saying.4 These little machinations are just that, they're 5 machinations.

6 SR. SPECIAL AGENT TEATOR: In your mind they are.7 .In your mind they are.8 SR. SPECIAL AGENT TEATOR: I've got to tell you, 9 I wouldn't be here unless the NRC had already made a 10 determination, and Jeff Can explain to you, that she has 11 made, that Kim has made a prime facie case that she was 12 discriminated against in violation of 10 CFR 50.7.13 0.14 SR. SPECIAL AGENT TEATOR: And Jeff can explain 15 to you what a prima facie case is. It's not a conclusion 16 but the Commission determined that there was enough to go 17 forward for the 001 to investigate whether this in fact 18 happened or not.19 And that's okay. And you have to 20 remember we're working in two different arenas. One is I'm 21 in the HR arena usually looking at age, sex discrimination, 22 that sort of thing. So that's my arena. I have an 23 overview of employee concerns, that sort of thing, but my 24 arena is the employee relations aspect of this. So I was 25 moving this ahead on the employee relations aspect. I mean 33 1 I did not know, still don't know, the conversations she had 2 with others or whether she raised safety concerns or 3 whatever.4 So to me I'm doing my job, I'm moving the ball 5 ahead and I'm unaware of these other things that are going 6 around. And I got you, if I'm sitting in your seat saying 7 "-this stuff looks too coincidental to be true, I'm just 8 telling you I know the facts. Maybe it's coincidental, but 9 at the point I had no idea that Thursday was going to be a 10 red-letter day and that's why --11 SR. SPECIAL AGENT TEATOR: Okay. I got a 12 question for you.13 ( Sure.14 SR. SPECIAL AGENT TEATOR: And the question is 15 throughout this conversation, Kim is telling you she 16 believes that after her conversation with on Thursday 17 the 2 0 th that , based on what was said in that 18 conversation, ýý ýcalled you to have her last day moved c 19 up.20 My question is why didn't you tell her that that 21 wasn't true?22 Because when I'm reading this or 23 listening to this, I didn't get that then. I mean I'm 24 getting it now reading it, I'm not getting it then that 25 she's saying, and by the way it would have been a different 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 34 conversation if she'd said, m--.4Moved my date up because I raised safety concerns on Thursday.

The flags would have went off and I would have been, like I said, marching dow.m to office. It's that simple.SR. SPECIAL AGENT TEATOR: Right. But I guess the point I'm trying to make is your testimony has been that N was not the person who made that decision.

It was made by You ran it by do i you have any more work for her? No. Fine, we're going to move up her last day, and he's like fine.But Kim is saying here the one who moved up her last day based on what she told him. You don't know what she told him. So I'm just struggling, why didn't you say, Kim look, I hear what you're saying, you think'made the decision.

It wasn't it was and..0 Because, as I said, it's not until I'm reading this now that I get that context. I didn't get that context or the light bulb didn't go off, nor the importance.

I mean we're looking back a year from then, but the importance wasn't there. There was no importance.

SR. SPECIAL AGENT TEATOR: Jeff?MR. KEENEN: (ONO do you have any obligation to tell an employee whose decision it was?No, in fact you don't do that. So N (I.

35 1 mean --2 SR. SPECIAL AGENT TEATOR: Why? Why don't you do 3 that?4 Just an HR -- you're as brief and as 5 generic as possible.

Sorry to let you know that there's 6 been a decision, a change in direction, and your employment 7 is no longer needed. That's it.8 If you look at the separation letters or the 9 conversations, that's the conversation.

I don't go into a 10 debate because it's irrefutable.

You have to remember, if 11 we're laying Jeff of next week or next month, it's 12 irrefutable.

The decision is done, it is done.13 Now if there's a change and we need him for work-14 related reasons or whatever, that decision can be reversed.15 But there's nothing he can do or say. Like I said, I've 16 done hundreds of these. I hate doing these things. People 17 say I go into almost a zone, I become --18 SR. SPECIAL AGENT TEATOR: 19 Yes, the 20all of that. So I mean I move into uncaring 21 I mean you haven't been there when I laid off 60 22 people and bawled my eyes out on a Saturday after all these 23 separations.

It is traumatic to me and my people.24 And I'm just telling you, this is one 25 manipulative person I was trying to get out, and that was 36 1 my goal and that was my. focus. My heart goes out to the 2 nd all those other people that, well never mind 3 I'm rambling.

I don't mean to ramble, but I'm pissed.4 SR. SPECIAL AGENT TEATOR: I like when you 5 ramble. It's good.6 It's wrong, it's just wrong.7 SR. SPECIAL AGENT TEATOR: What's wrong?8 That someone that would manipulate, 9 that would be so manipulative, carve out things, 10 misrepresent conversations.

By the way, do I believe her 11 or trust her? I don't. Was there any doubt in my mind 12 that (oc& 1(phonetic) didn't spell it out, come 13 down here? She was milking his company $2,000 dollars a 14 month on expenses.

was overly passive in those 15 things. She was taking this company on a ride.16 And then at the end-is-that, discovers--

17 potential, let's say potential improprieties on her e-18 mails, you know, writing or standing up saying she's in 19 love with (phonetic) and stuff. It's just all 20 wrong.21 And I don't know that she did-a lick of work for 22 this company. I don't know that she did a lick of work for 23 this company.24 SR. SPECIAL AGENT TEATOR: Are you saying that 25 all that what you just talked about went into HR's decisioni' 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 or desire to move up I just talked about.she didn't. So I had knew from --her last day?No. That is my personal feeling what Some of that >new, some of that the drumbeats from the island so I 4, ,-IL z (END OF SIDE A) 1 P-R-0-C-E-E-D-I-N-G-S 2 1:46 p.m.3 SR. SPECIAL AGENT TEATOR: On the record.4 I know that had a small 5 piece. This woman was manipulative and I think she 6 was dangerous for this island and I think she was --7 Well, that's my opinion.8 SR. SPECIAL AGENT TEATOR: All right.9 .That's my opinion.10 SR. SPECIAL AGENT TEATOR: We'll play a 11 tape when I finish up with my question.

Jeff, is 12 there something you want to say before I continue?13 MR. KEENEN: No, I thinlj explained 14 that. Just to be crystal clear though, does any 15 employee have the right to know the individuals making 16 the employment-decisions with respect to them?17 No.18 SR. SPECIAL AGENT TEATOR: Okay.19 Like I said, you're as generic 20 as vague as you can be.21 SR. SPECIAL AGENT TEATOR: So why in fact, 22 would you communicate the decision to Kim Harvin (PH)23 or others?24 Well, you don't. That's what 25 I'm saying. Unfortunately, you go into that mode 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 where, like I said, you're the ;iand that 2 whole group of people, you haven't been there when"*3 (PH) is over in my office crying for hours.4 You haven't been there. So I see how gut-wrenching it 5 is for people that are losing their jobs supporting 6 families and then people that have taken this company 7 on 'a ride for a year lining their pockets. That's 8 just wrong. It's just wrong.9 SR. SPECIAL AGENT TEATOR: I'm going to 10 play the tape and then we'll finish up with the 11 questioning.

I'm going to rewind a little bit to see 12 where we're at and then I'll go forward. It's 2:54 13 p.m. I'm going to begin playing the tape again. We 14 have a couple more pages left in the transcript.

I 15 think we're someplace on page eight, but I'm going to 16 play it now.17 (Tape played.)18 SR. SPECIAL AGENT TEATOR: Okay, when she 19 said that to you, "I think that is inappropriate 20 action to ask me to leave early for no reason." 21 Again, I'm going to ask you for an explanation for why 22 you didn't ask her what she was talking about there?23 M) Well, it's much like I said 24 before. Process. I'm trying to drive her out of here 25 and I'm throwing the bullshit flag. I have a number NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 2344433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 1 of meetings scheduled for next week. I have all this 2 work. She's already run me through this exercise at 3 least once or twice. Well, M gave me work.4 gave me work. I'm just telling you I'm throwing the 5 bullshit flag down. My goal is to --6 SR. SPECIAL AGENT TEATOR: You think she's 7 bullshitting you.8 She is bulIshitting me.9 SR. SPECIAL AGENT TEATOR: All right.10 ) She is bullshitting me. In 11 fact, the thing that we have transcribed from the 12 1ranscriber, I don't know if that was that day 13 or the next day. She's still bullshitting me.14 SR. SPECIAL AGENT TEATOR: Right. So to 15 answer my question, when she says to you, "I think 16 that's is inappropriate action to ask me to leave 17 early for no reason," what's your reason for why you 18 didn't ask her what she was talking about?19 Well, again, I didn't pickup 20 word for word so I didn't pick up that context. As I 21 said, I'm driving to get her out of here. Like I 22 said, I'm throwing the bullshit flag on probably most 23 of the things she's saying.24 SR. SPECIAL AGENT TEATOR: Okay. Continue 25 playing the tape. It's 2:57 p.m.NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE.. N.W.(202) 2344433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com v

1 (Tape playing.)2 SR. SPECIAL AGENT TEATOR: I just have a 3 question here.4 Sure.5 SR. SPECIAL AGENT TEATOR: If HR, I'm 6 talking about you,lg" I felt the way you did 7 about Kim Harvin, why didn't you try earlier to have 8 her last day moved up? It sounds like she had an 9 agreement with to work the full 45 days. So my 10 question is if HR felt the way they did, people have 11 testified similar to what you have on some of these 12 issues frankly, why didn't HR move forward then to 13 have her moved up earlier?14 That you would have to ask 15 Like I said -16 SR. SPECIAL AGENT TEATOR: I'll ask you.17 Why didn't you take steps to have her last day moved 18 up sooner?19 9 )I guess because I saw, and 20 whether I saw it the 16th or whatever date it was, I 21 was driving to get her out of here. So whether it was 22 the 16th or the 27th date, to me it was really 23 immaterial.

I wanted to get her out as soon as 24 possible.

I already testified anV, every time 25 I saw him, I would say, "Is her work done yet? Is she 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 out of here?" But I was driving. And to me, the import wasn't whether it was the 27th or the 16th. It was that she was out of here and we're closing the books on this chapter.SR. SPECIAL AGENT TEATOR: All right.MR. KEENEN: Let me just ask a question.SR. SPECIAL AGENT TEATOR: Yes.MR. KEENEN: A she characterizes her job as a mission. Did she ever characterize that as a mission to you previously?

I never heard of it as a mission. And again, I would have to challenge it.You make this a great place to work for people. I'd like to know what she's done in the two years that she's been here and the work that she's done. If she wants to make it great place, believe me. I think she wanted to line her pockets more. I think she fully intended to figure out a way.Her position was eliminated.

She didn't get the context that it's gone. So my guess is maybe she thought she could talk to )land weasel her way in here, but -(PH) was on a mission to control costs and all these positions once it was eliminated, the only way you got a position is if you had an approved rec resign. So her job went away.NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 2344433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com

/

1 The position was done. It was over.2 SR. SPECIAL AGENT TEATOR: With respect to 3 all of these tasks that she indicated she had, did she 4 ever give you a list, either an email or anything, of 5 the details of what those jobs were, those 6 assignments?

7 No.8 SR. SPECIAL AGENT TEATOR: Okay.9 1. .- -And again, my responsibility 10 is to check with the manager and seeing if it's real 11 or valid. I checked wit1" and I checked with)12 and it wasn't valid.13 SR. SPECIAL AGENT TEATOR: Okay. It's 14 3:01 p.m. I'm going to take a break off the record 15 for a minute and review my stuff and then we'll see if 16 we need to be done.17 Okay.18 SR. SPECIAL AGENT TEATOR: Off the record.19 (Whereupon, the foregoing matter went off 20 the record at 3:01 p.m. and went back on 21 the record at 3:25 p.m.)22 SR. SPECIAL AGENT TEATOR: It's 3:25 p.m.23 I.E. I'm not going to finish playing the rest of the 24 tape. I have no further questions on what's on the 25 taped conversation.

I looked over my notes. We NEAL R. GROSS X COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com

  • o v 1 talked off the record about and other 2 things and I don't have any further questions at this 3 point. T ý is there something that you want to 4 add for the record?5 I have nothing.6 SR. SPECIAL AGENT TEATOR: Jeff, is there 7 something that you want to review with your client?8 MR. KEENEN: No, there is nothing further.9 I just wanted to thank _)again for his third 10 interview and we do appreciate the opportunity and 11 we're willing to provide anything further that, Jeff, 12 you need or the Commission needs to further understand 13 this event.14 SR. SPECIAL AGENT TEATOR: Okay. It's 15 3:26 p.m. This meeting is concluded.

Thank you. Off 16 the record.17 (Whereupon, the above-entitled matter was 18 concluded at 3:26 p.m.)19 20 21 22 23 24 25 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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