ML20040D419

Transcript of Util Testimony by Rf Locke on 811228 in San Francisco,Ca.Pp 448-455

ML20040D419
Person / Time
Site:	Diablo Canyon
Issue date:	12/28/1981
From:	Locke R PACIFIC GAS & ELECTRIC CO.
To:
Shared Package
ML17083A976	List: ML20040D364 ML20040D370 ML20040D374 ML20040D378 ML20040D380 ML20040D388 ML20040D393 ML20040D397 ML20040D402 ML20040D407 ML20040D408 ML20040D410 ML20040D413 ML20040D414 ML20040D416 ML20040D418 ML20040D419 ML20040D420 ML20040D423 ML20040D426 ML20040D429 ML20040D432 ML20040D436 ML20040D438 ML20040D442
References
NUDOCS 8202010276
Download: ML20040D419 (7)

Text

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T 1 UNITED' STATES OF AMERICA ~

2' NUCLEAR REGULATORY COMMISSION 3 INVESTIGATION OF 4 DIABLO CANYON UNITS 1 & 2 5 INTERVIEW OF 6 RICHARD F. LOCKE 7

8 Pacific Gas & Electric Headquarters Offices 9 Law Department Conference Room 77 Beale Street 10 San Frncisco, California 11 Monday, December 28, 1981 12 13 The above-entitled matter came on for hearing,

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14 pursuant to notice at 5:48 p.m.

15 APPEARANCES:

16 g On behalf of the NRC staff:

g 17 18 i- OWEN SHACKLETON, JR., Moderator j 19 B. H. FAULKENBERRY

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8202010276 820127 448-PDRADOCK.05000g{g n

ERRATA SHEET Interview of Richard F. Locke, December 28, 1981

-The following corrections should be made:

Page'451, Line 13 - Change pelase to please.

Page 452 Line 10 - Change arounf to around.

Page 452, Line 13 - Change pr-cisely to precisely.

Page 455, Line 17 - Change trnsmittal-to transmittal.

The above corrections were identified by Richard F. Locke and Bobby H. Faulkenberry.

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1 PgQgEEQlggg

,^ 2 5:48 p.m.

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MR. SHACKLETON: On the record. It is December 28, 4

4 1981. The time is now 5:48 p.m. .This is an interview of 5

Mr. Richard F. Locke, senior counsel for the law department of Pacific Gas and Electric Company. This interview is.taking 6

place in room 3101 of the corporate headquarters of-the Pacific

, 7 Gas and Electric Company, at 77 Beale Street, San Francisco, 8

g California. The purpose of this interview of Mr. Locke is 10 part of the ivestigation being conducted by the U.S. Nuclear g Regulatory Commission to develop the facts and happenings surrounding the present reverification program of the seismic 12 design of the Diablo Canyon nuclear power plant. .

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In addition to Mr. Locke being present, present from i4 the U.S. Nuclear Regulatory Commission, Region 5, is Mr. Bobby H. Faulkenberry, Chief of Reactor Construction Projects Branch.

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My name is Owen C. Shackleton, Jr., and I am the senior in-vestigator assigned to Region 5.

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g with you our procedure and advised you that you have the right g 20 f to have personal legal counsel present. Do you waive that

. 21 right, sir?

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, MR. LOCKE: Yes, I do.

t 23 MR. SHACKLETON: All right. Would you please stand

(. for the oath.

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i- Whereupon, 2 RICHARD F. LOCKE, k, -

3 having been furst duly sworn, was called as a witness herein 4 and was examined and testified as follows:

5 MR. SHACKLETON: ~ Please be seated. I would remind 6

y u again, Mr. Locke, that we have requested, on the.part of 7

the Commission, each member of PG&E who is being interviewed

, 8 to keep the testimony that you are about to give here confiden-9 tial. Is that understood?

10 MR. LOCKE: -Yes, it is.

jj MR. SHACKLETON: Thank you. Mr. Paulkenberry?

MR. FAULKENBERRY: Mr..Locke, for the record, would 12 13 you pelase state your position with the Pacific Gas.& Electric

- 34 Company?

MR, LOCKE: Yes, I am senior counsel in the law depart-15 men acific Gas & Electric Company.

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j 37 MR. FA5aKENBERRY: Mr. Locke, did you attend both the 2

October 9th and the November 3rd, 1981 meetings with the NRC at

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! Bethesda, Maryland?

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! MR. LOCKE: Yes, I did.

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$ MR. FAULKENBERRY : Mr. Locke, it has been determined  !

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E that four separate draft reports of Dr. Cloud's work were submitted to PGLE. These draft reports were submitted to PG&E on the approximate dates of October 21st, October 26st, s

November 6th and November 12th, 1981. Now my question is, E

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I prior to November 3rd, 1981, were you aware that PG&E had 2 received the October 21st and October 26st draft reports from

(-)f l 3 Dr. Cloud?.

4 MR. LOCKE: No, I wasn't.

5 MR. FAULKENBERRY: Have you since been made aware of 6 the fact that the October 21 and October 26th draft reports 7 have been received by PG&E?

8 MR. LOCKE: Yes. As part of this investigation I was 9 notified -- I am trying to remember the date -- that these two 10 drafts existed, and I believe it was arounf the tenth or ti eleventh or twelfth of December, whatever the Monday following, 12 I believe, some sort of a message was received by the company 13 asking for certain information. I am not sure pr-cisely when

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4 that date was.

MR. FAULKENBERRY: If I understand you correctly, 15 n; Mr. Locke, you had not seen either of these two draf ts, the 1 j October 21st or October 26th draft, priortoaroundtheDecembelr 37 -

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, ng 10th time period?

I j 19 MR. LOCKE: That's correct, yes.

MR. FAULKENBERRY: Mr. Locke, while you were in 20

$ attendance at the Novcmber 3rd meeting, did.you hear the 21 i

E 22 statements that were made by Mr. Maneatis, Mr. Norton and 23 Dr. Cloud, as regarding Dr. Cloud's draft reports, as contained 24 n Pages 215 through 218 of the transcript of the November 3rd k 25 meeting, as I am showing you here?

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1 MR. LOCKE: I have read the transcript from pages 2 215 to 218, yes.

3 MR. FAULKENBERRY:Mr. Locke,_the question is, while 4 in attendance at the meeting, dk) you recall hearing the state-5- ments made by Mr. Maneatis, Mr. Norton and Dr. Cloud?

6-MR. LOCKE:- I_believe I recollect, yes, hearing the 7 statements.

8 MR. FAULKENBERRY: When you heard these statements 9 at the meeting, were you aware at the time that these statement s to could have possibly been erroneous or misleading to the NRC?

11 MR. LOCKE: No, I was not.

MR. FAULKENBERRY: Mr. Locke, did you attend any of 12 13 the meetings held by_PG&E personnel on Sunday, October 31st --

('- excuse me, Saturday, October the 31st, Sunday, November 1st, 14 15 r Monday, November 2nd, which were the pre-November 3rd 16 meetings?

MR. LOCKE: Yes, I attended all of them, to-the best 17 h.

l , u3 of my recollection.

j g) MR. FAULKENBERRY: While in attendance at these a

I 20 m etings, did you hear any conversations regarding the. draft a

t reports that Dr. Cloud submitted to PG&E?

! 21 IF 1

MR. LOCKE: The only thing I heard was a presenta-22 23 tion by Dr. Cloud of his testimony, as he was going to give l

it, the next -- whenever the meeting was. I did not hear any 24

' discussion about the existence of a draft document, which I

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I 1 have come to understand as being the October 21 and October

. 2 26 drafts.

3 MR. FAULKENBERRY: Okay, Mr. Locke, as a result of 4 the conversations that took place at these meetings, was 5 there any conversation that you heard that would lead you to 6 believe that there were draft reports in existence that had 7 been submitted to PG&E7 i

8 MR. LOCKE: Not at that time, no. I was listening, 9 like everybody else, to the presentation of Mr. Cloud -- Dr.

10 Cloud -- as to what he was going to be presenting to the staff 11 at that meeting, which had been called by the Commission staff 12 I think about four or five days prior to that time, l

MR. FAULKENBERRY: Mr. Locke, at any-time during tha

.s 13 g November 3rd meeting, including during the lunch period, did i

15 you hear any conversations by PG&E personnel or anyone else, 16 regarding the draft reports that Dr. Cloud had submitted to e

j j7 PG&E?

2

nj MR. LOCKE

No, I did not.

I j 19 MR. FAULKENBERRY: Mr..Locke, that..is the extent of the J

i 20 questions that I have. Owen, do you have anything to add?

a MR. SHACKLETON: No, I have no questions. Mr. Locke, f 21

• is.there anything that you would like to readdress or any 22 i

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.f additional comments you would like to make for tre record?

MR. LOCKE: The only other comment I would like to 24

( make for the record is that I was aware of a draft program 25

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1 plan _ prior to tha Noven?ber 3rd menting, which document I

- 2 signed off on by way of a transmittal letter, to the NRC staff,

(. and I believe that that document was hand delivered that morning.

3 4 I recall signing it about three-thirty in the morning, still 5 during our meeting. That is the only document that I am aware 6 of that existed prior to November 3rd meeting, and I believe 7 I had seen that document several days before in some sort of 8 draft form, and then it was ultimately filed with the Commissio n s 9 staff on that date. I believe I signed off and gave it to I 10 . believe Mr. Lew, and he made arrangements to have it carried 11 over to the NRC staff.

12 MR. FAULKENBERRY: Okay, just for the record, I l

13 believe that what you are referring to is the draft program 1-4 Pl an that was dated October 26th, which was submitted to the 15 NRC from PG&E.

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16 MR. LOCKE: I think that -- I am not sure of the 2

17 date but it was a trnsmittal letter. I have it in my files.

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18 It shows that it was actually transmitted to the Commission i

j ig staff on November 3rd, 1981, and I believe it was hand carried a

!: 20 that same day, the date of the letter itself.

d MR. FAULKENBERRY: Okay, thank you, Mr. Locke.

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Z MR SHACKLETON: Thank you, mr. Locke. Of f the record:.

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