ML052440448

Exhibit 19: Transcript of Interview with Individual

ML052440448
Person / Time
Site:	Salem, Hope Creek
Issue date:	05/05/2003
From:	Monroe K NRC/OI
To:
References
-RFPFR, 1-2003-010, FOIA/PA-2004-0191
Download: ML052440448 (22)

Text

I., EXHIBIT 19 Information in this record was deleted in accordance withal Freedom of Information Act, exemption Case No. 1-2003-010 Exhibit 19 1 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 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION

+ ....OFFICE OF INVESTIGATIONS INTERVIEW____________ -x IN THE MATTER OF: INTERVIEW OF RONALD KEVIN FISHER (CLOSED): Docket No.: 1-2003-010

____-x-------_---------------

x Monday, May 5, 2003 Salem/Hope Creek Generating Station Artificial Island, NJ The above-entitled interview was conducted at 11:56 a.m.BEFORE: Special Agent Kristin Monroe EXHIBlT4$Rt.2 0 3-0 1 O NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERsPAGE FLOF PA(1323 RHODE ISLAND AVE., N.W..-, -_ * *-E(S) 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 2 On Behalf of the Witness, Ronald Kevin Fisher: JEFFRIE KEENAN, ESQ.Assistant General Solicitor PSE&G Corporation Nuclear-N21 P.O. Box 236 Hancocks Bridge, NJ 08038 1-800-232-0244 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

3 1 2 3 4 5 16 7 8 9 10 1)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 11:55 a.m.SPECIAL AGENT MONROE: Today is Monday, May 5, 2003 and the time is now approximately 11:55 a.m.The interview this morning is with Ron Fisher who is an access authorization supervisor, employed by PSE&G Corporation and the Salem Hope Creek Generating Station, Artificial Island in New Jersey.My name is Kristin Monroe. I'm a Special Agent with the NRC, Office of Investigations in King of Prussia, Pennsylvania.

Also present for the interview is Jeff Keenan, Assistant General Solicitor for PSE&G Corporation.

The subject of the interview concerns an allegation that who's a senior engineer at the Salem Hope Creek was discriminated against for raising a safety concern. Specifically, A" believes that becaus raised a concern ono"P regarding procedural noncompliance with the Transient Assessment Response Plan, which we'll refer to as TARP, and with own qualifications to be on that team +4as relieved of duty and employment was suspended and as removed from plant access from NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.II i II II tI 4 1 August 9 to August 19, 2002.2

• also believes that " received threats 3 of a poor performance appraisal and/or termination of 4 employment, also on August 19, 5 These are potential violations of 10 CFR 6 50.5 which is entitled Deliberate Misconduct and 10 7 CFR 50.7 which is entitled Employee Protection.

Those 8 are just the violations I'm investigating under.9 And as I indicated before we started the 10 tape that you're a fact witness here, just to walk 11 through what the process is with respect to how access 12 is given and taken back and what specifically happen 13 in case.14 The interview is conducted under oath. Do 15 you have any objection to being interviewed under 16 oath?17 MR. FISHER: No.18 SPECIAL AGENT MONROE: Could you please 19 raise your right hand?20 Do you solemnly swear that the information 21 you're about the provide is true and complete to the 22 best of your knowledge and beliefs, so help you God?23 MR. FISHER: Yes, I do.24 SPECIAL AGENT MONROE: Plese state your 25 full name and spell your last.NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE.; N.W.

5 1 MR. FISHER: Ronald Kevin Fisher, F-I-S-H-2 E-R.3 SPECIAL AGENT MONROE: And Ron, is Jeff 4 here representing you personally for purposes of 5 today's interview?

6 MR. FISHER: Yes.7 SPECIAL AGENT MONROE: And how did you 8 happen to suggest or request Jeff to represent you?9 MR. FISHER: Well, Jeff had contacted me 10 to verify the time of my appointment today and at that 11 time we discussed him representing me.12 SPECIAL AGENT MONROE: And Jeff, just a 13 brief --14 MR. KEENAN: Yes. My name is Jeff Keenan, 15 I'm counsel of PSE&G Nuclear and Ron Fisher today in 16 a joint capacity.

I have reviewed the ECP files on 17 this matter and do-not believe there's a conflict of 18 interest.

Should one arise, we'll take a break and 19 figure out how to best handie that. We would also 20 like a chance to review the transcript when that's 21 available.

22 SPECIAL AGENT MONROE: Sure. And again, 23 Ron, you understand that Jeff represents both you and 24 the company?25 MR. FISHER: Yes, I do.NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

6 1 SPECIAL AGENT MONROE: And will the 2 presence of Jeff hinder your testimony here today?3 MR. FISHER: In no way.4 SPECIAL AGENT MONROE: And you understand 5 that if you wanted to meet with me privately, you 6 could do so?7 MR. FISHER: I understand.

8 SPECIAL AGENT MONROE: All right. What's 9 your date and place of birth?10 MR. FISHER: 1112 SPECIAL AGENT MONROE: And what's your 13 Social Security Number?14 MR. FISHER: 15 SPECIAL AGENT MONROE: What's your home 16 miailing address?17 MR. FISHER: 18 19 SPECIAL AGENT MONROE: And your home 20 telephone number.21 .MR. FISHER: 22. SPECIAL AGENT MONROE: And your work 23 number?24 MR. FISHER: 25 SPECIAL AGENT MONROE: And what's your NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE.. N.W.

7 1 educational background?

p 2 MR. FISHER: I have a bachelor's degree in 3 operations management.

4 SPECIAL AGENT. MONROE: From what 5 university or institution?

6 MR. FISHER: ThoQmas Edison.7 SPECIAL AGENT MONROE: And do you have any 8 military experience?

9 MR. FISHER: 10 11 12 13 14 17 XSPECIAL AGENT MONROE: So you've been in 18 the security field for a while, quite a while in some 19 capacity.20 MR. FISHER: Yes.21 SPECIAL AGENT MONROE: And how long have 22 you been employed by PS4&G?23 MR. FISHER: 1986 was my date of hire.24 SPECIAL AGENT MONROE: And how long have 25 you been an access authorization supervisor?

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

8 1 MR. FISHER: December of 1988.2 SPECIAL AGENT MONROE: Quite a while.3 MR. FISHER: Yes.4 SPECIAL AGENT MONROE: What were you doing 5 when you first came to work for PSE&G?6 MR. FISHER: I was actually -- I had 7 started work on the Island with a contractor in 1978,--.8 when I came out of the --.9 SPECIAL AGENT MONROE: What contractor was 10 that?11 MR. FISHER: Yoh Security.12 SPECIAL AGENT MONROE: Y-O-H.13 MR. FISHER: Yes, Y-O-H.14 SPECIAL AGENT MONROE: Are they still --15 MR. FISHER: Not under that name.16 SPECIAL AGENT MONROE: What's the name?17 MR. FISHER: They're called PTI now.18 SPECIAL AGENT MONROE: Because they were 19 doing some stuff up at Limerick too, weren't they?20 MR. FISHER: Yes, they were.21 SPECIAL AGENT MONROE: And also Shoreham 22 then right?23 MR. FISHER: Yes. I went to Shoreham for 24 a short time.25 SPECIAL AGENT MONROE: The plant that NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 9 1 never got started.2 (Laughter.)

3 MR. FISHER: That's why I left.4 SPECIAL AGENT MONROE: Good move. And who 5 do you report to, Ron?6 MR. FISHER: I report to Ted Strop 7 (Phonetic).

He's the emergency services manager. /03 8 SPECIAL AGENT MONROE: And who does he 9 report to?10 MR. FISHER: He reports to Mike 11 Freedlander (Phonetic).

12 -SPECIAL AGENT MONROE: Right next door?13 MR. FISHER: Yes.14 SPECIAL AGENT MONROE: And Mike's title 15 is, do you know?16 MR. FISHER: You're stumping me.17 SPECIAL AGENT MONROE: I just read the 18 sign and I can't remember it.19 MR. FISHER: I think he's directorate 20 level, but --21 SPECIAL AGENT MONROE: Okay, but did Ted 22 Strop replace Garland Gibson?23 MR. FISHER:- That's correct, yes.24 SPECIAL AGENT MONROE: Why don't you tell 25 me, familiarize with the access authorization progress NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

--10 1 here. I don't know anything about it. It's how an 2 individual gets access and then -we'll get into 3 specifically what happened with and 4 access suspension, if that, in fact happened.5 MR. FISHER: Okay, well, the access 6 authorization process, my group performs the necessary 7 screening activities and badging. The screening 8 activities are regulated by NRC regulation and once 9 we've ensured that an individual meets those 10 requirements, then we'll provide them with access to U 11 the plant.12 The whole process is initiated by a 13 request from a responsible manager who requests that 14 an individual obtain access and they tell us what 15 .level of access or what areas and then we would 16 perform the screening activities and if that person 17 passes those we would grant that access that was 18 requested.

19 SPECIAL AGENT MONROE: Now what are the 20 different categories for withholding access and I want 21 to make sure I use the term, is your access suspended 22 or termed or denied? What are the -- removal, I 23 guess, categories?

24 MR. FISHER: Well, let me start with 25 denial of access. Denial of access would be the term NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE.. N.W.

1 we use when someone has not met the requirements under 2 the regulations that govern the screening activities.

3 So for instance, if someone tested positive under the 4 fitness for duty program we would deny access. If 5 they failed to meet the criteria under the background 6 check or if they failed the psychological assessment.

7 Other than denial, we may suspend access 8 temporarily while we're performing an investigation 9 related to screening activities.

For instance, if we 10 received information that someone had been involved in 11 an off-site incident that resulted in an arrest, that 12 could possibly impact their trustworthiness and 13 reliability.

Then we may suspend that badge while we 14 evaluate that. And that could lead to a denial or it 15 could lead to reinstatement.

16. Beyond that, we turn off badges for a lot 17 of reasons. Some of the terminology we use would be 18 management hold. There would be a medical hold which 19 would indicate someone is on sick leave for an 20 extended period of time.21 And that -- those categories pretty well 22 cover most of the terms that we use.23 SPECIAL AGENT MONROE: If an individual is 24 escorted from the site for what was called decision C 25 making leave, would that impact the status of their NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

12 1 access?2 MR. FISHER: Well, everyone is badged at 3 the pleasure of their manager or supervisor.

So if 4 the supervisor requested that we inactivate the badge, 5 that would not be a reason that we would classify 6 under the access authorization program. That would be 7 an administration action to turn off the badge until 8 the manager requested it either be turned back on.9 SPECIAL AGENT MONROE: Kind of like an 10 adama-holding?

11 MR. FISHER: Yes. We call it a management 12 hold.13 SPECIAL AGENT MONROE: Management hold.14 Now specifically with' do you know m 15 personally?

16 MR. FISHER: No.17 SPECIAL AGENT MONROE: Would you know s 18 if flalked in the room right now?19 MR. FISHER: No, I would not.20 SPECIAL AGENT MONROE: Do you have a file 21 in front of you? Maybe you could indicate to me --22 well, backing up, you said that the manager/supervisor 23 can request that the badge be inactivated.

Is there 24 some policy or procedure that governs the criteria 25 when the manager or supervisor can do that?NEAL R.GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

13 1 MR. FISHER: Well, generally, if a person 2 is terminating employment, the badge, that would be a 3 requirement in our procedure.

We also have an 4 activity called the 31-day revalidation and the 5 managers are responsible to review the list of people 6 that are badged under their sponsorship every 31 days 7 and indicate that they want that person to continue 8 being badged. So every 31 days we revalidate that, 9 that that badge should be active.10 And other than that, a manager can request 11 that we turn off a badge and we'll do it, really with 12 no questions asked.13 SPECIAL AGENT MONROE: With no questions 14 asked.15 Okay, why don't we look at t 16 file and what I'm interested to find out is what the 17 status of 1 badge was between and August 18 19, 2002.19 MR. FISHER: Okay. We had placed in *20 file at the ithese things occurred notes which is 21 something that we do whenever we receive a phone'to 7 22 turn off a badge or take Lome action.23 The first note I have is by one of my 24 direct reports, Emily Nazar, N-A-Z-A-R.

And she is my 25 badging specialist.

And she had received a call from NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE.. N.W.

14 I on 2 SPECIAL AGENT MONROE: We'll just read 3 this into the record. It's Form SP4-7 entitled 4 "Personnel Access File Information Review" and then 5 what is this NCP, would that be the procedure?

6 MR. FISHER: Yes, that's the procedure.

7 SPECIAL AGENT MONROE: 8 Extension 1887, called and pu on hold 9 as ^s on leave. had a conflict with some work 10 assignments." And it's dated August 9, 2002.11 There's no time on it, right?12 MR. FISHER: No.13 SPECIAL AGENT MONROE: And what does it 14 mean "not significant." There's a check mark and "not 15 significant" versus "adjudicated" (Inaudible) what 16 does that mean?17 MR. FISHER: That just means that it would 18 not be access related as far as under the access 19 authorization evaluation criteria.20 SPECIAL AGENT MONROE: This falls into 21 that management hold that you explained earlier?22 MR. FISHER: Yes, it's administrative 23 action.24 SPECIAL AGENT MONROE: And it says 25 "other".NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

1 MR. FISHER': I'm not sure why Emily 2 checked that.3 SPECIAL AGENT MONROE: Okay.4 MR. FISHER: She may have been indicating 5 this was just a note to file, that we weren't 6 referring it to either psychological or medical.7 SPECIAL AGENT MONROE: Okay, and the next.8 MR. FISHER: The second note was when o 9 _ called to ask that we reactivate the badge and 10 that was August 19th.11 SPECIAL AGENT MONROE: And again, it's the 12 same form.13 Is there any-more -- would there be any 14 more documentation with respect to reasoning behind 15 why it was put on the management

--16 MR. FISHER: Not with us, no. _17 SPECIAL AGENT MONROE: And again, you 18 don't require the manager to --19 MR. FISHER: Expiain themselves, no.20 SPECIAL AGENT MONROE: Explain themselves.

21 If an individual is out on sick leave for a week, 22 would the badge be activated?

23 MR. FISHER: Typically, a sick that would 24 exceed 30 days would be the reason that we terminate 25 a badge for sick leave.NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

16 1 SPECIAL AGENT MONROE: And what's the 2 process or how -- walk me through how an individual, 3 how would be notified that- Jbadge was in a 4 management hold?5 MR. FISHER: We actually wouldn't make 6 that notification.

We would -- I would assume that 7 the manager would be telling them that their badge was 8 being put on hold.9 SPECIAL AGENT MONROE: And when the badge 10 is put on hold, does that mean -- couildcg get in 11 through that first check point where there's the guard 12 house and I have to stop there and show my 13 identification?

Is fprohibited from doing past that 14 guard point or is it actually when you go to key in?15 MR. FISHER: No, the deactivation of the 16 badge would only include the ability to access into 17 the protected area through the turnstiles of the 18 plant.19 SPECIAL AGENT MONROE: Okay. Is there 20 anything else in the file that you have in front of 21 you o that relates to any of the events 22 I'm looking at between and August 19, 2002?23 MR. FISHER: No, this was the only 24. documents that we have regarding that event.25 SPECIAL AGENT MONROE: Okay, and again, it NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.ant^% V-21 AA-'1 IA0U1 lt I fL P nil sons ......* ...

17 1 was not made part of the access program. How did you 2 term that?3 MR. FISHER: Correct. It was not 4 something that we had to evaluate under the criteria 5 for either backgrounds or psychological or anything 6 like that.7 SPECIAL AGENT MONROE: Okay. Have you 8 become aware, prior to the NRC interview that d 9 had raised some type of safety concern and felt 10 an adverse act, one of which was having 11 access put on management hold?12 MR. FISHER: No, not until I spoke with 13 you.14 SPECIAL AGENT MONROE: And I think the 15 te r used was X was removed from plant access.16 Would that be an accurate terminology?

17 MR. FISHER: You could use that 18 terminology, I would assume.19 SPECIAL AGENT MONROE: But again, was 20 not -- access was not denied. It was not 21 suspended?

22 MR. FISHER: That' s correct. Another 23 action that we would-normally take-under a denial or 24 something that's under the access program reasoning 25 would be to put appropriate flags on a person's access NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

18 1 file.2 SPECIAL AGENT MONROE: Okay.3 MR. FISHER: And none of that was done.4 SPECIAL AGENT MONROE: And again, these 5 aren't date stamped or anything, so we know what time 6 wouwou ld have called in.7 MR. FISHER: No, there's possibly a 8 computer record when these actions were initiated in 9 the computer that we could retrieve.10 SPECIAL AGENT MONROE: How difficult is it 11 to retrieve something like that?12 MR. FISHER: It shouldn't be too hard. I 13 could probably get that today.14 SPECIAL AGENT MONROE: You don't even have 15 to have it today if you just give it to Jeff by the 16 end of the week is fine. I was just interested in 17 what time the badge was put on management hold and 18 what time it was reactivated.'

19 MR. FISHER: Okay, sure.20 SPECIAL AGENT MONROE: And just pass it to 21 Jeff and he'll forward it to me.22 MR. FISHER:, Okay.23 SPECIAL AGENT MONROE: Do you all need a 24 moment to --25 MR. KEENAN: Is that the end?NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE.. N.W.

.I 19 1 SPECIAL AGENT MONROE: That's the end.2 MR. KEENAN: Yes, we can take a break for 3 a second.4 (Off the record.)5 SPECIAL AGENT MONROE: Back on the record.6 I had a question and Ron looked through the file. Has 7 r access ever been put on management hold before, 8 you know, based on your review of the file?9 MR. FISHER: Based on my review of the 10 file, no, it hasn't.11 SPECIAL AGENT MONROE: And Ron, who is 12 notified within the organization access was 13 put on management hold? Was anyone within the 14 organization notified like HR?15 MR. FISHER: No, there isn't. This is 16 just a note to our file so that we understand why the 17 badge was not active for that period of time.18 .SPECIAL AGENT MONROE: Okay, and you 19 indicated there's a form, a PHQ that would fill 20 out if went to work at another nuclear power plant?21 MR. FISHER: That's correct.22 SPECIAL AGENT MONROE: Would .be 23 required to put on that form thatis badge had been 24. on management hold at Salem?25 MR. FISHER: No. Typically, the way they NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE.. N.W.

F A., 2 0 1 ask that question, "has your badge been suspended or 2 denied" and could answer no to that question.3 SPECIAL AGENT MONROE: And has badge 4 ever been suspended or denied at Salem, based on your 5 review of the file?6 MR. FISHER: No, it hasn't.7 SPECIAL AGENT MONROE: Is there anything 8 else you'd like to add for the record at this point in 9 time?10 MR. FISHER: No.11 SPECIAL AGENT MONROE: All right, three 12 questions I'm required to ask you. Did you provide 13 your information voluntarily?

14 MR. FISHER: Yes, I did.15 SPECIAL AGENT MONROE: Did I threaten you 16 for your information?

17 MR. FISHER: No.18 SPECIAL AGENT MONROE: Did I or anyone 19 from the NRC offer you a reward for your information?

20 MR. FISHER: No.21 SPECIAL AGENT MONROE: Okay, we'll go off 4 22 the record at 12:15 p.m:' Thanks.23 MR. FISHER: Thank you.24 (Whereupon, at 12:15 p.m., the interview 25 was concluded.)

Sc74tH O /NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE.. N.W.

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 Ronald Fisher Docket Number: 1-2003-010 Location:

Artificial Island, NJ 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 as recorded on tape (s) provided by the NRC.Francesca Zook Official Transcriber Neal R. Gross & Co., Inc.NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS