ML062790468
| ML062790468 | |
| Person / Time | |
|---|---|
| Site: | Kewaunee  |
| Issue date: | 08/29/2002 |
| From: | NRC/OI |
| To: | |
| References | |
| 3-2002-004, 3-2002-020, FOIA/PA-2006-0113 | |
| Download: ML062790468 (53) | |
Text
1 UNITED STATES OF AMERIC.A 2
- NUCLEAR REGULATORY COMM4ISSION 3
4 OFFICE OF INVESTIGATIONS 5 INTERVIEW 6 ----------------------------- 7--x 7 IN THE MATTER OF:
8 INTERVIEW OF Docket No.
9 3-2002-004 10 (CLOSED)
X 12 Thursday, August 29; 2002 13 Hilton Newark Airport Hotel 14 1170 Spring Street.
15 Elizabeth, New Jersey 16
.17 The above-entitled interview was conducted 18 at 4:30 p.m.
19 20 BEFORE:
21 Special Agent Mary Kay Fahey 22 23 24 formation in this record was deleted accordance with the Freedom of Information 25 ,t, exemptions !27&
HA- . , -EXHIBIT~~~-
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2 1 P-R-O-C-E-E-D-I-N-G-S 2 4:30 p.m.
3 SPECIAL AGENT FAHEY: This is the 4 interview of spell.
5 who is a formertelder; for Day and Zimmerman Nuclear 6 Power Systemrnw4h the Kewaunee Nuclear Power Plant
'7 during the.fall outage of 2001.
8 Today's date is August 29, 2002. The time 9 is approximately 4:35 p.m.
10 This interview is being conducted at the 11 Hilton Newark Airport Hotel located at 1170 Spring 12 Street, Elizabeth, New Jersey.
13 My name .is Mary Kay Fahey. I'm a Special 14 Agent with the U.S. Nuclear Regulatory Commission's 15 Office of Investigations in Region III.
16 This interview is being transcribed by 17 Court Reporter Mary Ann Massey.
18 The subject matter of this interview is a 19 fitness-for-duty. concern at the Kewaunee Nuclear Power 20 Plant during a refuel outage in 20.01. And this 21 incident was brought to the NRC's attention by the 22 Licensee, Nuclear Management Company.
23 Mr. please raise your right hand?
- 24. Do you swear that the information you're about to give 25 is the truth, the whole truth and nothing but the NEAL R. GROSS' COURT REPORTERS AND tRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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3 1 truth so help you God?
2 . I do.
3 SPECIAL AGENT FAHEY: Okay, and before we 4 went on the record we had discussion andfa on 5 :February 23, 2002, your**
7 M,R. Right.
8 SPECIAL AGENT FAHEY: Arnd all 9 documentation that you have hc is in th 11 And have you subsequently sought legal 12 counsel for advice on several of the matters we're 13 going to talk about today?
MR. I have.
.15 SPECIAL AGENT FAHEY:. And are you 16 currently represented by an attorney?
17 MR. No.
18 SPECIAL AGENT FAHEY: And just for the 19 record, during our telephone conversation when we 20 scheduled this interview, we discussed the fact that 21 you didn't feel it was necessary to have' counsel 22 present today. However, if at any time during this 23 interview you feel uncomfortable with the line of 24 questioning', you agree that you'll stop the interview?
25 MR Right.
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4 1 SPECIAL AGENT FAHEY: And we'll arrange a 2 second interview with counsel present.
Alnd for the record, do you want to put who 4 your attorney is?
5 6 SPECIAL AGENT FAHEY: Is he a 7 MR. Yes.
8 SPECIAL AGENT FAHEY: Some background.
9 Date of birth.
10 ii SPECIAL AGENT FAHEY: Social Security 12 Number.
13 14 SPECIAL AGENT FAHEY: Home address.
15 MR..ON 16 17 SPECIAL AGENT FAHEY: And home telephone 18 number.
19 'MR. No home telephone. Cell 20 phone number.
21 SPECIAL AGENT- FAHEY: Cell phone number.
MR .A1ft9 22 23 SPECIAL AGENT FAHEY: Okay, and some 24 employment history. Where are you currently employed?
25 MR. I'm currently employed at NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISL'AND AVE., N.W.
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5 1 Linden Power Plant, Linden, New Jersey.
2 SPECIAL AGENT FAHEY: As a welder?
Yes.
3 MR4W "
4 SPECIAL AGENT FAHEY: How long have you 5 been here?
6 MR. .Eight days.
7 SPEGIAL AGENT FAHEY: And prior to that?
8 MR. ,. PCI Energy Services,r 9 Richmond, Virginia.
10 SPECIAL AGENT FAHEY: How long were you --
11 MR.. I was. there for 21 days.
12 SPECIAL AGENT FAHEY: Okay. Do you recall 13 the dates that you worked for Day & Zimmerman, Nuclear 14 Power Systems at Kewaunee?
-15 MR. At Kewauinee,! May 5, 2001(, I 16 believe was the day that I hired in at Kewaunee. I 1.7 had just finished up a shutdown at Point Beach and I 18 transferred from Point Beach to.Kewaunee. I got laid 19 off 6n October 12, 2001.
20 SPECIAL AGENT FAHEY: And laid off because 21 the job was finished-or terminated?
22 MR.* No, we. waslaid off. `Our 23 job was finished.
24 SPECIAL AGENT FAHEY: And were you a 25 welder at Kewaunee?
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1 MR.' Yes.
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.
4 8 Lucie Power Plant for Day & Zimmerman.
9 SPECIAL AGENT FAHEY: How long were you 10 there?
11 MR. I Twenty-eight days.
12 SPECIAL AGENT FAHEY: Any other nuclear 13 plants?
14 NW1.Wig" No, that was my last one.
15 SPECIAL AGENT FAHEY: But that immediately 16 followed -S-?
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 you'did
- 23. between May?
24 MR. There was a lot of pre-fab 25 work before the outage.
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'7 1 SPECIAL AGENT FAHEY: Okay, pre-outage 2 .work.
3 And have you worked for NMC since then?
4 MR.
- No.
5 SPECIAL AGENT FAHEY: And during the 2001 6 pre-outage at Kewaunee, did you have fitness-for-duty 7 concerns about another employee?
8 MR. I did.
9 SPECIAL AGENT FAHEY: Who was the employee 10 that you raised the concerns about?
MR.
12 SPECIAL AGENT FAHEY: And do you know what 13 position he held?
14 MR. Foreman.
.15 SPECIAL AGENT FAHEY: Was he your foreman?
MR%. No.
16 17- SPECIAL AGENT FAHEY: And why did you 18 raise that concern?
19 MR. Possibility' of coming to 20 work under the influence of alcohol.
21 SPECIAL AGENT FAHEY: Why did you reach 22 that cbnclusion? Can you tell me what you obser'red?
23 MR. Because. of odor.
24 SPECIAL AGENT FAHEY: Odor of alcohol?
25 MR.* Odor of alcohol. Plus the NEAL R.G ROSSK COURT REPORTERS AND TRANSCRIBERS
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8 1 rumor.
2 SPECIAL AGENT FAHEY: Rumor of what?
3 MR. Of coming to work with 4 alcohol smell.
5 SPECIAL AGENT FAHEY: So there were rumors 6 among your co-workers?
7 MR. I There were rumors. among 8 everybody in the plant.
9 SPECIAL' AGENT FAHEY: Okay, that 1mel-led of alcohol or was unfit for duty?
11 MR. The smell of alcohol and 12 that there was the. possibility that that was not the 13 first time.. I did not know very 14 well.
15 SPECIAL AGENT FAHEY: Did you just 16 interact with him one -day?
17 MR. Well, basically yeah. One 18 time .I had an interaction with him and that was the 19 day we were supposed to go-- nd I were 20 sipp.osed to go work for him that day. That was when 21 I told my supervisor that I felt Uncomfortable working 22 for .this man because of the possibility of him being 23 drunk.
24 SPECIAL AGENT FAHEY: Now is that the same 25 day that. you smelled alcohol on him?
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9 1 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 tha supervised you that day?.
13 Or was it kind of an of f-the-cuff thing, you guys were 14 going to go work for him .that day?
15MR. 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 weL;koed Time of day?
.21 MR. It was probably around an 22 hour 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.
10 1 over into a temporary fab shop for us.
2 - SPECIAL AGENT FAHEY: Okay. Was anybody 3 else present?
4 MR. Yes.
5 SPECIAL AGENT FAHEY: Who else?
6 MR. 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 n 10 SPECIAL AGENT FAHEY: And what waQ 113 II response to you when you raised the concern?
12 MR. It was kind of like a 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 was requested to be tested?
24 MR. No, I have no idea..
25 SPECIAL AGENT FAHEY: Back to your NEAL R. GROSS
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Ii 1 observations, did you believe, .s unfit for 2 duty or impaired?
3 MR.W To watch him walk, no. . To 4 smell him, possibly. I'm not an expert on alcohol.
5 SPECIAL AGENT FAHEY: So no stumbling, 6 slurred speech?
MR* No.
7
,8 SPECIAL AGENT FAHEY: But then again, 9 you're not a doctor.
10 MR. -"Right.
ll SPECIAL AGENT FAHEY: Anis the 12 only one you reported the concern to?
13 MR. Right.. And if I'm not 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 M.p-, a -lowas WJ made aware of.
23 it.
24 SPECIAL AGENT FAHEY: How long after the 25 fact?
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1-i A-b'
12 I MR. That same day.
2 SPECIAL AGENT FAHEY: Did you do that?
3 MR_ ** ah.
4 SPECIAL AGENT FAHEY: You told 5 personally?
6 R Yes.
7 , SPECIAL AGENT .FAHEY: How much later 8 during the day?
9 MR. It was close to the end of 10 the work day which would have been somewhere around 3 31 o'clock.
12 SPECIAL AGENT FAHEY: What was his 13 response?
14 MR. I really can't -- itwas 15 kind of a -- not really a surprise to him.
16 SPECIAL AGENT FAHEY: Okay, so he just 1.7 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
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13 1 right?
2 MR Everybody already knew.
3 SPECIAL AGENT FAHEY: Okay.
4 MR. Construction workers are 5 like a bunch of gossiping people. It's like that old 6 saying if you want to keep a. secret, you don't tell no 7 one, It wasn't a big secret on the job. Everybody 8 knew about it.
9 SPECIAL AGENT FAHEY: And who else did you 10 tell that day?
11 MR.
- 12. SPECIAL AGENT. FAHEY: How do you spell 13."
that last name?
14 15 SPECIAL AGENT FAHEY: What was *her 16 position?
17 MR.- She was the Office Manager 18 for DZ.
19 SPECIAL AGENT FAHEY: What was her 20 response?
21 * "As far as him being drunk or 22 supposedly drunk or the smell of alcohol on him?
23 SPECIAL AGENT FýAHEY:. Well, what did she 24 say about the information that you were giving her?
25 Is she clerical help? ..
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14 1 MR. `7 es, she was clerical.
2 SPECIAL AGENT FAHEY: Did she seem 3 surprised?
4 MR. Not really. I mean, I guess 5 in a. roundabout way she probably was. She was 6 probably surprised that he was still there. Because
.7 usually to.the best of my knowledge when a person is 8 reported for an FFD violation are usually removed from 9 the job that day, shortly after the report. Not for 10 being guilty of the fact, but for testing. Testing 11 don't take 5 or 10 minutes. It usually takes all day, 12 SPECIAL AGENT FAHEY: Did you see 13 the rest of the day?
14 MR. No, I didn't see- him-the 15 rest of the day that day.
16 SPECIAL AGENT FAHEY: Who else- did you 17 tell?
18 MR .That was about it.
19 SPECIAL AGENT FAHEY: Did yqu tell 20 on the same day?
21 MR, g Yes, it was that evening 22 after work.
23 SPECIAL AGENT FAHEY: Now I'.ve been told 24 that. when you -started working that Was a 25 supervisor for a couple of. the welders. for about a NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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15 1 week before we went over to in-service inspection?
2 _MR Uh-hu 3 SPECIAL AGENT FAHEY: Was he your 4 supervisor?
5 MR. Yes, he was.
6 SPECIA*L AGENT FAHEY: And during that week
- 7. that he supervised you, did you notice a smell of 8 alcohol?
9 MR. No, because I had no contact 10 with him.
11 SPECIAL AGENT FAHEY: Okay, so on paper he 12 was your supervisor?
13 MR. Right.
14 SPECIAL AGENT FAHEY: But didn't 15 physically come out and supervise?
16 MR. No, he didn't.
17 SPECIAL AGENT FAHEY: Do you know if he 18 was on site?
19 MR. He was on site.
20 SPECIAL AGENT FAHEY: And then how much 21 day to day contact with him after that?
- 22. MR. If I gct to work the same 23 time he did and went through security at the same time 24 he did that .was about the only contact that I:had with 25 him...
NEAL R. GROSS COURT REPORTERS A*'D TRANSCRIBERS 1323 RHODE ISLAND AVE.. N.W.
16 1 SPECIAL AGENT FAHEY: Until this one day 2 ,-when you were going to be assigned to work for him?
3 MR. Correct.
4 SPECIAL AGENT FAHEY: Did you ever have 5 any direct conversation wit--bout this?
6 MR. No, I did not.
7 SPECIAL AGENT FAHEY: Even after you left, 8 there haven't been any phone calls or have you 9 contacted him at home or he attempted to contact you?
10 MR. I personally have not 11 contacted him. I don't know whether my attorney did 12 or not. I know that he was supposed to.
13 SPECIAL AGENT FAHEY: Okay.
14 MR. I did hear rumor,.i 15 up there that was involved in this, that he had been 16 contacted by other people up there in-that area. His 17 response was kind of, to the whole situation, was kind 18 of surprising to me, that when-we were denied and I 19 mean we, and I were denied an interview 20 because Of all of this by Mr. ýIal Walker, what I was 21 told that he wasn't mad. He was mad be causeC 22 was stiil. working there and tha 23 said nothing happened to him.
24 SPECIAL AGENT FAHEY: Why shoulLd' I 25 something have happened to NEAL R. GROSS
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17
- 2. 1 MR.
MR. " Becaus lied.
2 SRECIAL AGEN4T FAHEY: About?
3 MR . About me an
.4 telling him that Mr-had the smell of 5 alcohol on him.
6 SPECIAL AGENT FAHEY: Okay, and how do you 7 know that?,
8 MR That he lied?
9 SPECIAL AGENT FAHEY: Yes.
10 MR. I got my access. denied, 11 that's why.
12 SPECIAL AGENT FAHEY: You've got to draw 13 the .connection for me.
14 MR. I have an affidavit from 15 . I tating tha jdmitted he lied 16 to security when they interviewed Mr 17 SPECIAL AGENT FAHEY: Okay. How did you 18 get the affidavit?
19' MR. I got the affidavit fro 20 n the telephone. And my, lawyer then contacted 21 and did a. phone deposition and I've got a 22 copy of t at deposition.
23 SPECIAL AGENT FAHEY: So you telephon U
24
- first? You had .a personal coAversation.
25 MR Correct.
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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. JO . 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 waq not.
21 SPECIAL AGENT FAHEY: So your attorney had 22 a conversation withw and as far as you know just 2.3 the two-of them were present?
24 MRlý..
- Right, as far.as I know.
25 SPECIAL AGENT FAHEY: And your attorney NEAL R. GROSS
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19
.1 typed up an affidavit.?
2 .. Correct.
3 SPECIAL AGENT FAHEY: And did 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. Yes, I do.
9 SPECIAL AGENT FAHEY: Would you tell us 10 here today?
11 MR.9 ý Sure* when he 12 give this deposition over the telephone to MO 13 that 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 0fr 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 calledCa 1.1 to find out whta 20 been laid off after the outage" And he was trying to 21 get back to work outthere, 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 fel.t that if he, -signed that
- *... NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
20
- 1 affidavit, that that would put his job in jeopardy, 'so 2 _he refused to.sign it.
3 SPECIAL AGENT FAHEY: A-nd why would it put 4 his job in jeopardy?-
5 MR. ]Because he feels, he still 6 feels this way by the way, he feels that if he was to 7 sign this deposition, him working for under the direct 8 supervisor of w. the "Hl "
9 find a way to terminate him and that's what he's 10 afraid of. So he refuses to sign the affidavit. He 11 doesn't refuse the fact that the statements are true.
12 He's refusing to sign it because of retribution.
13 SPECIAL AGENT FAHEY: Okay. What wa*
14 position at the time this all was going on?
15 SMR. position was he 16 was the project superintendent.
17 SPECIAL AGENT FAHEY: So he was actually 18 supe'rvisor?
19 MR. Yes, he was.'
20 SPECIAL AGENT FAH]EY: 'Let's back up a 21 little bit to your comment -that was upset 22 23 And this'was all hearsay, right? You 24 heard this. You don'.t know~this for a fact.
25 MR. This information.came from NEAL R. GROSS /
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21 1
2 - PECIAL AGENT FAHEY: Okay. Did 3 know that you had raised a concern about 4 him, you specifically?
5 MR. " Yes.
6 SPECIAL AGENT FAHEY: Do you know how he 7 knew that?,
8 MR.ýý He was either'told by 9 someone else. I'm not sure.
10 He was told by somebody.
- 11. SPECIAL AGENT FAHEY: Was he told at the 12 time or do you think he learned subsequently?
13 MR.I I think that he found out 14 when Security had started their investigation and 15 interviews with everybody that worked up there on -that 16 outage which I think started some time around the 17 .first of January of this year.
18 SPECIAL AGENT FAHEY.: So basically, once 19 you raised the concern, you and Mrf was the 20 matter dropped? There was no other discussion about 21 it?
22 MR-- ,Yes, that was the end of it 23 'as far as I was concerned there was nothing else ever 24 said about it.
25 SPECIAL AGENT FAHEY: The out1age, or you NEAL R. GROSS.
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22 1 were all laid off because the job was completed. You 2`"
-all went to di-fferent 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 in~n 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.
SPECIAL AGENT FAHEY: 'Okay. And you were 14 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.
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23 1 SPECIAL AGENT FAHEY: And he asked you 2 -iestions'abouit this incident?
3 yes, he asked me mriestions 4 about this incident.
- 5. SPECIAL AGENT FAHEY: Just over the phone?
6 M. 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 II with him?
12 MR.' No.
13 SPECIAL AGENT FAHEY: How many would you 14 say?
15 MR. - Two, two contacts.
16 SPECIALAGENT 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 .t.hat welding NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE.. N.W.
24 1 .stuff?
2 M. .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. MS 19 SPECIAL AGENT FAHEY: And is it a personal 20 record of the Investigator's or'was a report by the 221 .Licensee?
22 MR.; It was a report by the 23 Licensee.
24 SPECIAL AGENT FAHEY: Ho w did you see 25 that?.
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25 1 M 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 00 Yes.
6 SPECIAL AGENT FAHEY: Okay. Do you have 7 a copy of it with you?
8 No, I don't. My attorney 9 has it.
10 SPECIAL AGENT FAHEY: Okay. And is it a II 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 mgoing to tell you*I said 24 what they wrote..
25 SPECIAL AGENT:F.HEY: Oh, okay.
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26 1 MR. Okay?
2 SPECIAL AGENT FAHEY: Okay.
3 MR.L* 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 member of the Local 400 u3 there, i5 Local'Union 400. I wasa and I was told by 16 Mr. hat 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.
27 1 SPECIAL AGENT FA!HEY: Welding, okay.
2 .MR. Yes.. That statement was put 3 in my denial letter, my denial of access letter as 4 pertaining to the FFD violation.
5 SPECIAL AGENT FAHEY: Okay. So it gave 6 the appearance that you didn't report --
7 MR.
- Right.
8 SPECIAL AGENT FAHEY:
.9 MR. That's exactly right.
10 SPECIAL AGENT FAHEY: Because you were a 12 /MRJ ý* Correct.
13 SPECIAL AGENT FAHEY: And you didn't want 14 to create any trouble.
15 MR. I'll tell you right now, 16 somebody comes in drunk or anything like that, puts me 17 in jeopardy, yes, I going to report them.
18 SPECIAL AGENT FAHEY: But you're telling 19 me here today that you did report it?
20 MR. Yes, I did.
21 SPECIAL AGENT FAHEY: You reported him the 22 day you observed them, the only day you observed him?
23 MR. Yes.
24 SPECIAL AGENT FAHEY: Or smelled the 25 alcohol. Okay.
.121 l
NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS Ca)'*DIW'n'r" li{* Al~l' A%/I= 111.1mI C
28 1 Did anyone else who worked at Kewaunee at 2 .- the time tell you that they had also reported 3 NNIA side0who was involved in 4 the same conversation?
5 MR. Yes,. yes:
SPECIAL AGENT FAHEY: And who was that?
7 SEMR.P W 8 SPECIAL AGENT FAHEY: Was he also a 9 welder?.
10 MR4.* Yes.
11 SPECIAL AGENT FAHEY: Do you know when he 12 reported the issue?
13
- MR.ý. Same day.
14 SPECIAL AGENT FAHEY: Was he aware that 15 you had reported it? Or was it. just coincidence?
16 MR. It. was just coincidence 17 until later on that day when him and I -- well, 18 actually it was the next day.
19 SPECIAL AGENT FAHEY: So you did not know 20 that each other had reported?
21 M.No.
22 SPECIAL AGENT FAHEY: -And you had 23 discussed it ahead-of time?
MR*. No:"
24 2.5 SPECIAL AGENT FAHEY: No collusion, I'm NEAL R. GROSS COURT REPORTERS AND.TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
29 1 going to report this guy today?.
2 No.
3 SPECIAL AGENT FAHEY: Nothing like that.
4 M.. He worked in a different 5 area of the plant than I did.
6 SPECIAL AGENT FAHEY: Did tell you 7 what kind of response he got?
8 R. 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 as still 12 there, so undoubtedly he wa'n'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.T never asked.
15 SPECIAL AGENT FAHEY:. Di say who he 16 had reported it to? -Ra 17 MR Ye 18 SPECIAL AGENT FAHEY: Any comments by 19 e next day to any of'you?
20 M lNo; Whether or not there 21 was any to ,I don't know. But as far as 22 know, there wasn't..
23 SPECIAL AGENT FAHEY: Do you know whether.
24 d it that same day you told 25 them?
NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS
30 1 MR., * .No, I don't.
2 .. SPECIAL AGENT FAHEY: Did 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 an] ave 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 to about it. As far as 25 I know, nobody has talked.-to eithel NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE.. N.W.
31 1 Smyself has talke.dt 2 n the last three months.
3 SPECIAL AGENT FAHEY: Do you know where he 4 is now?
5 MRi No, I do not.
6 SPECIAL AGENT FAHEY: Okay, and I asked 7 you if youhad any first hand knowledge thai 8 was not truthful, or you told me that you had 9 firsthand knowledge?
10 MR. ' Yes, I do have that.
SPECIAL AGENT FAHEY: Have you had any 12 conversations with since you left Kewaunee?
13 MR. No, I have not.
14 SPECIAL AGENT FAHEY: Okay, let's talk.
15 about training. You've already made a statement that 16 you felt that your responsibility was to raise this 17 concern to your immediate supervisor.
18 MRAt Kewaunee Nuclear' Power 19 Plant, yes, that is my
- that was my -- that is in 20 the training manual,, by the way,. Also, several pieces 21: of document that is posted on the NMC's website as far 22 as dealing with fitness-for-duty, the responsibilities 23 of workers is to report it to their immediate 24 supervisor.
25 SPECIAL AGENT FAHEY: And as -a-contractor, NEAL- R. GROSS COURT REPORTERS AND TRANSCRIBERS vr Ppflfl= u.zi won AN/;: wA
32 1 your immediate supervisor was a Day & Zimmerman 2 .Supervisor?
3 MR.- Right, which was 4
5 SPECIAL AGENT FAHEY: Okay, and when you 6 arrived on site at Kewaunee, did you receive general 7 employee training?
MR.
- Yes, I did.
8 9 .SPECIAL AGENT FAHEY: And was that 10 provided by NMC or was it provided by Day & Zimmerman?
11 MR.
- No, it was provided by NMC.
12 SPECIAL AGENT- FAHEY: Okay. Were you 13 required to take a test on the material?
14 MR. Sure.
15 SPECIAL AGENT FAHEY: Did you pass the 16 test?
MR** Sure.
17 18 SPECIAL AGENT FAHEY: Do you recall 19 whether there was specific questions about 20 fitness-for-duty? =
21 MR. Yes, there was.
22 SPECIAL AGENT FAHEY: And you just stated 23 what you felt was the appropriate procedure?
24 MR. Correct.
25 SPECIAL AGENT .-FAHEY: If- you or any NEAL R. GROSS "/
COURT REPORTERS AND TRANSCRIBERS 1323 RHODE'ISLAND'AVE., N.W.
ln- A-A-Vn - - -- -. ---
33 1 employee suspects that someone is not fit for duty and 2 -you feel that-you followed their procedure?
3 Mý.. * *Yes, Id 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 MR. Ask that question again.
8 SPECIAL AGENT FAHEY: Could you ask 9 another employee to go get tested if you thought they
.0 were unfit?
11 MR. Can I ask that employee?
i2 SPECIAL AGENT FAHEY: Yes.
13 MR. No.
14 SPECIAL AGENT FAHEY:. I mean if 'you said 15 to I 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 whethe2O was 20 ever tested, bet 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 enz --
24 for duty. Is there a certain hour rule or something, 25 you're not supposed to drink so many hours --
- R NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS
34 1 MR! You' re not supposed to drink 2 *-five hours.
3 SPECIAL AGENT FA-HEY: Five hours?
4 MR.' 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?
MRRight.
10 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. jNo, I told him I did report 19 it.
20 SPECIAL AGENT FAHEY: And you told him.you 21 reported it to 22 MR.ý 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
. t*')':P1 I r~r ICIAkIIr CI-I*'[ A%I= POW%
35 1 MR..I was told to keep my mouth 2 -shut about the-problems with the welding.
3 SPECIAL AGENT FAHEY: Right.
4 MR.9 l*i;It wasn't nothing to do with 5 FFD.
6 SPECIAL AGENT FAHEY: Okay. Was there any 7 animosity between you and-M 8 No.
9 SPECIAL AGENT FAHEY: How about between you and
- 10 MR* .Yes.
11 12 SPECIAL AGENT FAHEY: Before this 13 happened?
14 MYes.
15 SPECIAL AGENT FAHEY: Yes, okay. You want
- 16 to explain that a little bit on the record?
17 MR Sure. I m going to have to.
18 To really give you a real good feeling of' what 19 happened, I was here in New Jersey working. Marie 20 Artz' called me. This was about a week before the "21 Point Beach outage. They were needing welders really 22 .bad. She called me three times and asked me to come, 23 over to to work.
24 The third time the project superintendent 25 for DZ, Jack Hammers, was in the office. -1was on the NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS
36 I speaker phone with him. Mr. Hammers told me that --
2 .*rny concern .was: coming all the way to Wisconsin to work 3 for 14 days and then be without a job and he told me 4 that if I would come and help him out with the outage 5 at Point Beach that they would roll me directly over 6 to Kewaunee and I could stay right there and work all 7 the way through the January change out.
8 SPECIAL AGENT FAHEY: Which was expected 9 to be?
10 MR Eighty some odd days 11 starting in --. the end of September.
12 SPECIAL AGENT FAHEY: Okay.
13 MR. So with him telling me that, 14 I left here in New Jersey, quit my jpb in New Jersey 15 and drove out there and worked the outage. Was sent 16 to Kewaunee after the outage as a welder. There was 17 myself and one other welder sent. The local employees 18 had a real problem with' that because I was a 19 There were local welders that were out of work.. But 20 Mr. Hammers had made a promiqe to me and I made a 21 promise. to Mr. Hammers and ýwas part of that 22 because Mr. Hammers left. He left employment for DZ 23 and went. to work for somebody else.
24 kept Jack's word that. I didn't 25 have to worry about becoming unemployed. .And I *stayed' NEAL.R .GROSS COURT REPORTERS AND TRANSCRIBERS
.1323 RHODE ISI ANfl AVF NW
37 1 there.and I worked.
2 - SPECIAL AGENT FAHEY: Why a problem with 3
4 MR, Because was a member 5 of Local 400 which is the --
6 SPECIAL AGENT FAHEY: That's the Green Bay 7 Local?
8 MR. That's the Green Bay Local 9 and he felt that I did not need to be there.
10 SPECIAL AGENT FAHEY: That you actually 11 took somebody else's --
12 MR . Right. And he knew that he 13 could not get rid of me because he had no legal means 14 to terminate me and.he couldn't lay me off becaus #
15 Wouldn't. let him.
16 So therefore Mr. had kind of bad 17 taste in his mouth for me. That was kind of how it 18 was. I tried to stay clear of him and he watched me 19 like a hawk.
20 SPECIAL AGENT FAHEY: -Do you think that 21 denying that you raised a concern is 22
- retaliation for being from outside the area?
23 MR. It would be just pure
- 24. speculation, but given everything I know.--
25 SPECIAL AGENT FAHEY:'. What- do you think
" NEAL-R. GROSS COURT REPORTERS AD TRANSCRIBERS
38 1 motive would be for that, admitting that you 2 9guys 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 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.
i8 -When this investigation was done, 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
39 1 . SPECIAL AGENT FAHEY: How about any 2 -animosity between an 3 MR. Oh yeah, they fought like 4 cats and dogs. Everybody knows that. But then again, 5 it was just -- it wasn't nothing major, but it was 6 just differences of opinion, you know.
7 SPECIAL AGENT FAHEY: Did they know each 8 other?
9 MR Sure. Known each other for 10 years.
11 SPECIAL AGENT FAHEY: Ha been 12 promised s job?
13 MRAI I can't say one way or the 14 other.
15 SPECIAL AGENT FAHEY: Have you heard that 16 though?
17 MR I heard that, yes.
.18 SPECIAL AGENT FAHEY: Does the fact that 19 you raised concerns about is that 20 retaliation for any disagreement you might have had 21 over the welding issues that surfaced? I mean did you 22 have *an ulterior motive for reporting 23 MR. .Yeah, .I had an ulterior 24 motive. Sure.
25 SPECIAL AGENT FAHEY: I mean other than S.NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS.
40 1 you suspected he might be unfit fcr duty? Did you do 2 -it to get back at him because there was some problem 3 about the welding issues?
4 5 didn't have nothing to;.do with welding issues.
6 SPEC.IAL AGENT FAHEY: Okay. So it was not 7 retaliation?
8 MR. N.0 9 SPECIAL AGENT FAHEY: By you against him 10 for anything?
11 M*, 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. N.0 16 SPECIAL AGENT FAHEY: Did you work with 17 him at Point Beach?
18 MR. 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.
41 1 reported?
2 - SPECIAL AGENT FAHEY: Yes.
.3 MR.* Not to my knowledge.
4 SPECIAL AGENT FAHEY: Is there now?
5 MR. 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?
43 10 MR. As farAreporting them, no.
SPECIAL AGENT FAHEY: But -- it sounds 12- like you want to say something else.
13 MR. As far as how.I report it, 14 no. There's & -- 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. Sure.
NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE.. N.W.
1 SPECIAL' AGENT FAEEY: Was there any 2 .-unspoken or unwritten rule that y6u just didn't report 3 another wor ker 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. Would 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.1qW Yes, it would be documented 24 right there when I reported, made a report.
25 SPECIAL AGENT -FAHEY: Okay',- what about NEAL R. GROSS 217-.
COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
1 your co-workers? Do you think.they'd. be hesitant to 2 -step forward?.*
3 4 SPECIAL AGENT FAHEY: Let's talk a little 5 bit about your access being denied.
6 Have you actually applied for any future 7 employment'with NMC since you left Kewaunee?
MR.* No.
8 9 SPECIAL AGENT FAHEY: How is it that you 10 became aware that your access was going to be denied?
11 MR. I took a call for the outage.
12 at Daiyis-Besse[
13 SPECIAL. AGENT FAHEY: From Day &
14 Zimmerman?
15 MR.; No. Well, yes, I found out 16 when I got there it was Day & Zimmerman.
17 -SPECIAL AGENT FAHEY: Okay.
18 MR. When I took the call I 19 didn't know who my employer was going to be.
20 SPECIAL AGENT FAHEY: And when was this 21 going to be?
22 MR.** Some time in January. It 23 was the end of January.of this year.
24 SPECIAL AGENT FAHEY: Okay.
- 25. MR. My second day, no, actually, NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS
44 1 my third day on site 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?
MR. 7,ahey told me that 6 I had been 7 denied access at Kewaunee. So therefore, they were 8 not going to grant me access.
9 -SPECIAL AGENT F.AHEY: And 'did they know 10 why?
11 MR. Yes, they knew it was a 12 fitness-f6r-duty issue.
13 SPECIAL AGENT FAHEY: Anything more 14 specific?.
15
- MR. No.
1.6 SPECIAL AGENT FAHEY: You didn't report.a 17 fitness-for-duty or you did'report it?
18 "MR.- 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, I did. That day.
24 SPECIAL AGENT FAHEY:. Who did you speak
-25 to?
NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS
~f2L
45 1 MMR. 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 vidliticin 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 11 flag being in PADS, there was no nuclear plant "n 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 CO.URT REPORTERS AND TRANSCRIBERS
1 letter from them, February. February 11th, I believe, 2 *-11-th or 12th.': I don't have that letter with me, so I'm not sure about the date.
4 SPECIAL AGENT FAHEY: Did that letter say 5 basically the same .thing that Darlene had told you?
6 MR. Well, it explained to me why 7 I.had been 'denied access. This letter that I got from 8 them did officially deny my access for a period of one
.9 year which the period began September of my denial of 10 unescorted access 'was due to'untrustworthiness.
11 SPECIAL AGENT FAHEY: Was that explained 12 in the letter or is it just that vague reference?
13 MR. It was that vague reference.
14 SPECIAL AGENT FAHEY:. Did you speak to 15 anybody else?
16 MR. Yes, I spoke to Randy 17 Cleveland.
18 SPECIAL AGENT FAHEY: What did he tell 19 you?
20 MR He didn't tell me nothing.
21 SPECIAL AGENT FAHEY: When did you speak 22 with him? Was it after Darlene?
23 MR.
- Yes, it was after Darlene.
24 I made several attempts to try to find out exactly 25 what was going on and this was all withih-- this was NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS
- 7
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. 2Yes, 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 Yes, yes, I do.
19 SPECIAL AGENT FAHEY: Anything that your 20 attorney has told- you has 'transpired 'ince 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 d also pulled up all the -- `he's done a NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS
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 stuff.
7 MR.. Sure.
7 M
.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. MR. .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 M 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 i around Mr.
19 The investigation that was done or the 20 interview that was- done by Mr. Walker, :1 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
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 t'ake 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 alsol 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
5o 1 think they're very important. -I'Im not going to bend 2 -the rules for- anybody, whether they're a friend of 3 mine or somebody I don't like. They're therefor all 4 of us.
5 SPECIAL AGENT FAHEY: An 6 asked you .about the rules?
7 MR No. No. And this is the 8 type of person I am. This .ain't got nothing to do 9 with -- but this tells you what type of person I am.
10 My best friend used to work for me. I fired him one II day and he lived with me. That's what type of person 12 I am. When it comes to rules, when it comes to rules 13 on a job, I hold them --
14 SPECIAL AGENT FAHEY: You fired him 15 because he broke the roles?
16 M Yes.
17 SPECIAL AGENT FAHEY: Fitness-for-duty 18 r~iles?
19 MR. No. Insubordination.
20 That's just to show you what type of person I am. I 21 don't show any favoritism. If somebody has done 22 something wrong, something needs to be done about it.
23 And I'm going to try my best. I hope that this gets 24 straightened out, I really do. I mean it needs to.
25 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.
51 1 investigation and also I do want to. let you know this, 2 1 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 6 fromX I 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 *as 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 MRI t's 'a centralized data 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, ar* ingelse?
NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS
52
.1 .MRi guess that's it.
2 SPECIAL AGENT FAHEY: Mr. have I 3 threatened you in any manner or offered you any reward 4 in return for your statement?
5 MR 0.
6 SPECIAL AGENT FAHEY: Have you given your 7 statement freely and voluntarily?
8 .MR. WN , 'Yes.
9 "SPECIAL AGENT FAHEY: Anything further you 10 want to add for the record?
11 MR-. No.
.12 SPECIAL AGENT FAHEY: Okay, we're off at
- 13. 5:30.
14 (Whereupon, at 5:30 p.m., the interview 15 was concluded.)
16 17 18 19 20 21 22 23 24 25 NEAL R. -GROSS COURT REPORTERS AND TRANSCRIBERS
"" 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.
Mtry &0 Massey o0 ficial Reporter Neal R. Gross & Co., Inc.
NEALR. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHMPfl IRI A~n~xfl M (A?