ML20078L717
| ML20078L717 | |
| Person / Time | |
|---|---|
| Site: | Catawba  |
| Issue date: | 06/27/1983 |
| From: | Bell G DUKE POWER CO. |
| To: | |
| Shared Package | |
| ML20078L617 | List: |
| References | |
| FOIA-83-434 NUDOCS 8310240043 | |
| Download: ML20078L717 (75) | |
Text
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U NIT ED STATES OF A M ERIC A NUCLEAR REGULATORY C O MMIS SIO N BEFORE THE A T O MIC SAFETY AND LI C E N S IN G BOARD In t h e Matter of: )
)
DUKE POWER C O M PA N Y, et M.) Docket No s. 50-413
) 50 414 (Catawba Nuclea r S tation, )
U nit s 1 and 2) )
I l
l l
l 1
D E POSITION OF:
GLENN H. BELL t
i 1 e 434 pgp Evelyn u .qer Associates STENOTYPE REPORTING SERVICE P. O. BOX 19444
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,. 1 A PPEA R A N CES:
2 ROBERT GUILD, ESQ.
C olumbia, S. C. .
3 C oun s el on S a hall of Int e rveno r, Palmetto 4 A llia nc e Corporation 5 RONALD L. GIBSON, ESO.
C ha rlo tt e, N. C.
6 C.o un s el oa :i e h a lf of A p pli c ant, Duke Power 7 Company 8 Also Pr e s e n t:
9 George W. Grier Duke Power C om pa n y 10 Roger Quellette 11 Duke Power C ompany 12 Mic ha el F. Lowe
. Palmetto Allia n c e 13 Phil Jos 14 Palmetto Allia nc e 15 Betsy Levita s C a r olina Invironmental 16 Study Group l
17 l
! I N D E X
! 18 l W IT N ES S DIR E C T CROSS
! 19 l
l Glenn d. S e ll 3 73 20 I
21 22 23
! v- 24 l
25 l evetva esnoen 4:sociarus. srsworves aeroarina suavies. cuantorra. nonm canouma
Direct 3 B oll ,
-O 1 The D e po sition of Glenn H. D ell is taken 2 at the corporate o ffic e s of Duke Power Company, 3 C ha rlo tt e, North C a rolina, o n. this the 2 7 t' h d a y of 4 June, 1983, in the presence of Robert G uil d , Attorney 5 fo r the Intervenor; and Ronald L. Gibson, A ttorne y .
6 for the A p plic a n t.
7 A ll f o rmalitie s as to c a p ti o n , c e r tific at e 8 and tr ans mi s s io n are waived. It is agreed that iila m, N o ta ry P ubli c in and for the State '
af 9 Lyne B. ,
10 N o rth C a r olina , may take said D e po si tio n in machine 11 s ho rthand and transcribe the same to ty p e w ritin g.
12 S aid D e po sitio n is taken subject alone to 13 te s timony for co mpe tenc y, relevancy and mat e riality; 14 and all obj e ction s, save as to the f or m. of que s tion s 15 asked, are reserved until the H e arin g, i
l 16 l
l 17 GLENN H. BELL, 18 having b e e n fi r s t duly sworn to tell the truth, was l 19 e x a mi n e d and te s tifie d as f ollo w s :
20 21 D IR E C T EX A MIN ATION M BY MR. GUILD:
23 C Before we begin, Mr. B ell, would you stat e 24 your full na me and your business address for the 3 R e c o rd, plea s e ?
EVELYN SERGER ASSOCIATES. STENOTYPE REPORTING SERVICE. CMARLOTTE. NORTH CAROUNA
D oll - Direcc -
4 1 A My name is Glenn H. B e ll.- .k y address is 2 P. O. Cox 33179, C ha r lo tt e, 27242.
3 C You work here in.the corporate of fic e ?
4 A T ha t's correct.
5 MR. CIBSON: Counsel, I b eli e v e we 6 have s tated in correspon'dence to continue 7 the previous stipulations wit h respect to 8 the .t a ki n g of this D e po sition.
9 Fefore we be gin can we identify the 10 other persons in the room? V ith rega rd to 11 que s tion s , all o bj e c tio n s are deemed pre.
12 served except objections to the form of tha t 13 que s tion s.
14 MR. GUILD: That is fi n e .
15 :4 R . GISSON: Here on behalf of the 16 c o m pany, R o n a ld Gibson, Counsel for Duke i
17 Power; George G ri e r and Robert Ou elle tt e l 18 as involve d in Lic en sin g from the Nuclear 19 P ro du c tio n De pa rtment, j 20 id R . G UILD: P hili p Jos, Michael l
21 Lowe with P a l m e t't o A l li r. n c e . My na me is 22 o b e r t G uild.
l 23 V, e have served N o tic e of M r. George l
I 24 Orier that hia D ep o s ition will be t a 'e e n l
U later this week, and as a person who is tc l
l systvN ennoun Associates, sTENOTYPE REPOfmMG SERVICE. CHAMLOTTE. NORTH CAROUNA
5
, 1 be deposed, we w o ul d ask that he be excuse d 2 f rom the D e po sitio n of those who are also being qu e s tion ed on the same subject matte r; 3
4 that is Cuality A s surance and welding 5 matters at C a tawb a.
6 MR. GIBSON: Consistent with our 7 comments during the D e po sition o f Mr.
8 VanDoorn, the company takes the p o s iti o n 9 that it is entitled to a mana geme nt repre-10 s entativ e at each D e po sition sinc e each of 11 the management r e pre s entative s would be 12 a ppea rin g.
13 That includes Mr. G rie r, Henry and 14 D avis on, We feel we are e n ti tl e d to have 15 one of them; and we have proposed some 16 sort of a m e n di n g of the schedule to have 17 D e po s ition s taken e a rlie r to ac c o mmo d a t e 18 both of our po sitio n s , which conflict.
19 We r e c o g ni z e your po sitio n, but we 20 in si s t on ha vin g Mr. Grier present.
2' MR. G UILD : We take the position, of 22 course, that Mr. G rie r's t e s timo n y will 23 therefore not be spontaneous but may be 24 effected in terms of its s ub s ta nc e by the 3 answers which he is now able to hear f ro m EVELYN SERGER ASSOCIATES. STENOTTPE REPORTING SERvlCE. CHARLOTTE. NORTM CAROUNA
Ball - Direct 6 1 M r. Bell and 'o t h e r Mitnesses who will p r e- -
2 cede him in D e po s ition s.
3 That same principle will apply with 4 the te s timony of others whom you have 5 insisted on being present.
6 We, of course, adhere to the princi-7 pie that s eque s t ra tion of %itnesses is appropriate on a matter of c ommon subject s; 8
9 and we put you on notic e that we would 10 intend to ask the Licensing Board to note 11 Mr. G ri e r 's presence and to weigh his 12 t e s timony as eff ected by having heard the 13 te s timony of others.
14 MR. GIBSON: That is an issue of 15 c r e dibility to be resolved by the Licensing 16 Board; and as I say, I think we have both 17 adequately stated our p o sitio ns , so let's 18 proceed with Mr. Bell.
19 ( % he r eupo n, the D epo s ition of 20 Mr. B e ll resumed at 8 : 51 a . m . )
21 22 BY MR. CUILD:
23 Q M r. E e 11, would you state your title with 24 Duke Power Com pany ?
25 A Senbr CA S p ec ialis t.
EVELYN SERGER ASSOCIATES. STENOTYPE REPORTING SERVICE. CHARLOTTE. NORTM CAROUNA i . . . . . _ _ _ _
e Bell - birect 7 1 Q D e s c rib e ydur du ti e s in that po sitio n, sir.
2 A My dutie s in that po sitio n is that I r e vie w 3 ' purchase r.e qui s i ti o n s for .q u a li t y r e q u i r e 'm e n t s , I 4 interface with design through s u r veillanc e programs 5 to see ~ th at our procedures are being adhered to.
6 O! A ll ri ght, the fi r s t one you spoke o f, did 7 that have to do with e s s entially vendor q u ali t y 8 assurance?
9 A Yes, it has to do with the r e qui s i tio n s 10 where we procure m ate rial f ro m ou r vendors.
11 O You are aware that Palmet to A llianc e has 12 been a d mi tt e d as an Intervenor in the Lic en sin g 13 procedure for the Catawba Plant; ~ and that the Nuclear 14 R e g ula to r y Commis sion has admitted f o r litig a tio n ,
15 Palmetto A lli a n c e Contention Six whic h qu e s tion s the 16 C u a lit y Assurance at the Catawba Plant?
17 A T ha t 's right.
18 C Are you f amiliar with Contention Six; have l
! 19 you seen the text of it ?
20 3 y,,,
21 C Let me show you a copy of it real q uic k 22 (indic atin g). I'm going to show you a document that 23 is dated December 31st, 1982, entitled, " A p plic ant's 1
24 R e s pons e s to P a l m e tto A llia n c e 's First Set of 25 Interrogatories," etc., and I ask you if you recogniz e EVELYN BERGER ASSOCIATES. STENOTYPE REPORTING SERVICE. CHARLOTTE. NORTN CAROUNA
.B o ll . Direct 8 I that document ? .
2 Have you seen that before?
3 A Yes.
4 O S ki p a couple pages through there, and I 5 think the text of Contention Six appears on Page 6 Three.
7 Do you see th a t, sir ?
8 A Yes.
9 Q Take a minute and look at that to refresh 4
10 your r e c olle c tio n as to the text of Contention Six.
11 MR. GIBSON: W hil e he is doing that, 12 Ai r . Guild, I might note that Contention 13 Six has been narrowed in accordance with 14 the Board's latest order dated June 20 or 15 21s t; and we intend to limit the scope of 16 the De po si ti on s as the C o n t e nti o n has been 17 narrowed in accordance with the Board's 18 order.
19 20 BY MR. G UILD :
21 O Mr. Bell, you have seen that and had a 22 chance to read it just no w ?
U A Yes.
24 I b e li e v e it is fair to say you have been O
25 made r e s pon sible for a s sis ting in the p re pa ra tion of EVELYN BERGER ASSOCIATES. STENOTYPE REPOftTING SERVICE. CHARLOTTE. NORTH CAROUNA
B oll - Diroct -
9.
1 the c o m pa ny 's R e s po n s'e s ?
A W ould yo u repeat that? '
2 3 O You have been asked to assist in p r e pa rin g 4 the company's R e s pons e s to Palmetto A lli a n c e 's 5 Discovery Request on Contention Six ?
6 A I coor dina ted with legal on .s ome of the 7 inf o rmation prepared for use in these Inte r ro gato rie s .
8 O G e ne r ally s pe a kin g. I' m not barking up the 9 wrong tree? You did assist in part as far as pre-10 paring the Answers?
11 A As f ar as pr e pa rin g the Answers, them-12 selves, no.
13 O A ll right, sir; w e ll, that is a surprise.
14 Let me show you a document attached to the back of 1
i 15 that Answer (indicating).
l 16 Is t h at your A ffidavit with your signature 17 under oath ?
18 A Yes, sir.
19 Q A ll right, sir; would you read--it is only N two paragraphs--for the Record, the text of that 21 A ffidavit ?
22 A "I, Glenn H. Bell, b ein g duly sworn, here-.
23 by state that Iam employed by Duke Power Company 24 as a Senior Quality A s surance S p e ciali s t, Q u a li t y M A s s urance D e pa r tm ent.
...<,..........or.---...-.-...--.
i
Boll - Diroct 10 1
I have been r espo n sible for f ur ni s hin g the 2 basic inf o rmatio n used in responding to those 3 I$s t e r r o g a t o r i e s on_ P alme tto Allianc e , C o nt e ntio n Six 4 by which my initials appear. Those Responses are 5 true and correct to the best of my knowledge and 6 b eli e f. "
7 Q A ll right, sir; thank you. Now when you 8 say that you did not answer those Int e r ro gato rie s ,
9 are there any of the Inte r ro gat o rie s that you did to answer, M r. B ell ?
11 A No, sir.
12 O W ho did answer the In te r r o g a to ri e s , if you 13 didn't? .
14 A It was a jointed venture of my manage ment.
15 Q Who is your management, sir? W ho do you l 16 mean by that term?
l 17 A G. M. Grier, M. O. Henry.
18 Q The same Mr. G rie r who is in the room l
I 19 now?
20 A T ha t 's correct.
)
l 21 Q I'm sorry, W. O. Henry?
22 A Yes.
23 C Who is that? ,
l 24 A T he QA Manager that I wo rk unde r.
25 O A ll ri gh t, sir; what is his title ?
EVELYN SERGER ASSOCIATES, STENOTYPE RSPORTING SERVICE. CHARLOTTE NORTM CARCUNA
Ball - Diroct 11 1 A QA Manager, T e chnic al Services.
2 O And I will let you know Mr. Henry has also 3 been asked to appear for his D e p o s itio n later this 4 week, if you didn' t know.
5 Who els e ?
6 A L. R. D avi s o n.
7 Q Who is Mr. Davi son ?
8 A CA Manager of P r oj e c t s at Catawba.
9 O All ri ght, sir; is that his title to the best to of your knowled ge ?
11 g y,,,
12 O And Mr. D avi s on, also, Mr. B ela, has been 13 asked to appear for his D e po sition in this case.
14 A (The Witnes s nodded his head affirmatively .)
15 Also the a s sis tanc e of legal.
16 g n ,ggg7 17 A Correct.
18 O Who would that be?
19 A A. V. Carr and Ron Gibson.
20 Q A nybo dy else answer those Inte rr og ato rie s ?
21 A Not to my knowledge.
e2 O Did you participate in answe ring thos e -
l I
o3
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Inte rrogatorie s ?
l i 24 l
A I coordinated with le gal in that I gave them l
25 the inf o rm a tio n s u p pli e d by our ma na g e me nt .
EVELYN SERGER ASSOCIATES. STENOTYPE REPORTING SERV 4CE. CMARLOTTE. NORTM CAROUNA
l Bell - Direct 12 1 Q A ll right, w h a t. does that mean? Explain 2 what you mean by "gave them the i n f o r m a tio n s u p p li e d 3 by mana ge ment ? "
4 A I wa s a central point in that I was there 5 when th e y f o rmulated the Answers for Int e r ro ga to rie s ,
6 and I put everything to ge th e r and sent it ove r to 7 legal.
8 O T ell me how you did that.
9 A W ell, we might work on C ont entio n Six 10 Interrogatories Two, Eight, and Ten; and I kept trac k 11 of wha t we intended to send to legal as far as 12 formulatin g our Responses, the Inte rrogat orie s.
13 o now 'did you do that?
14 A W ell, I don't understand the question.
15 O I am t r yin g to understand your answer, I 16 guess, Mr. Bell, if you would elucidate a little bit i
- 17 more, "you ke pt track."
18 W ha t do you mean by that?
19 A I kept up to see that we had all the 20 R e s po n s e s necessary to assist legal in c o m ple tin g the 21 Responses to Int er rogato rie s.
I 22 T ell me how you did that job, sir?
O 23 A I sit in when the Responses are being 24 fo r mula t e d f or the Answers.
M Q Yes, what els e did you do?
EVELYN BEROER ASSOCIATES. STENCTYPE REPORTING SERVICE. CHARLOTTE. NO8tTH CAROUNA
, Boll - Direct 13 1 A C olle c t e d th e inf o r m a tio n and saw that it 2 came to legal.
3 C How did you collec t the inf o rmation ?
- 4. A T oo k Eg te s .
5 o y ,7 6 A A nd f o r mulat e d it into a response that lega l 7 could read.
8 O I' m sorry, I don't mean to inte r rupt you.
9 If you had s o m e thi n g to say, fini s h your answer.
10 You took notes and did you draf t the proposed answer s?
11 Did you writ e a text?
12 A No, sir.
13 O What do you mean by "f o rmula t e d it so tha n 14 legal could read it ? "
15 A I wrote it in a manner that they could get 16 the inf o r ma tion in order to f o r mula t e the a n s we r s .
~
,7 C What did you write ?
18 A Our Response.
19 Q So you did write a draf t of the Response?
oo I do n't know whether you would consider it A
21 a draf t of the Response. I gave them inf o r ma tio n 22 s uppli ed by th e QA Department to be used in our 93 R e s pons e s.
24 O What was your r e s po n s ibility with respect 25 to ide n tif yin g documents in Discovery with regard to EVELYN BERGER ASSOCIATES. STENOTYPE REPORTING SERVICE. CHARLOTTE. NORTM CAROUNA
E oll - Dir e c t 14 1 C o n t e ntion Six, Mr. Sell, if any?
2 A C ould you repeat the que s tion ?
3 Q Sure. % hat was y ou r . r e s pon s ibilit y 4 re gardin g the id en tific a tion and p r o vi sio n of do c um e nt s 5 on Contention Six ?
6 A Vihen legal requested a document, I was 7 assigned the r e s po n sibility of seeing that they got the 8 inf o rm a tio n.
9 O For finding the document and p ro du cin g it?
10 A I went to the appropriate management and 11 got the information.
12 O Got the documents ?
13 A Correct.
14 O Mr. Bell, have you discus s ed your te s timo ny 15 here today with anyone ?
16 A We m et to discuss what was going to be 17 required this mo rning, as far as what a D e po sition 18 was and that sort of thing.
19 O W ho did you meet with ?
20 A Legal.
21 g 3. g o 7 22 A R on G ib s o n.
23 Q When did you do that?
24 MR. CIESON: Mr. G u il d , I think you 25 are w e ll aware you may be treading on EVELYN SERGER ASSOCIATES. STENOTYPE REPORTING SERVICE. CHARLOTTE. NORTH CAROUNA
S c11 . Direct 13 1 A tto r n e y-Cli e nt p rivile g e.
2 If the r e is a s p e cific que s tion, let's 3- see where we can go; but I.did have meetir.g s I 4 with each Duke e m plo y e e who was goi n g to 5 be deposed to prepare for his D e po si tio n.
6 The context of thos e m e e tin g s is 7 protected by A tto r ne y- Clie nt p rivile g e . Is 8 there a s p e c ific we can get to?
9 10 BY M R. C UI L D :
11 Q 'li h a t did Mr. Gibson tell you about your 12 te s timony ?
13 A To tell the truth.
14 O Is that all he s aid ?
15 MR. CIBSON: I will in s t ru c t hi m not 16 to answer unless we know where you are 17 g oin g, if th e r e is s o methin g s p e cific you 18 want.
19 MR. GUILD: M r. Gibson, of course 20 we dis cu s s e d before the De po sition took 21 place, not only is the Board Chairman 22 inavailable to resolve matt e r s in dispute 23 regarding this D e po s itio n; but I have been 24 inf o r me d by the Board C hai r m a n's Legal M A s sis tant in his absence there is no one EVELYN SERGER ASSOCIATES. STENOTYPE REPORTING SERVICE. CHARLOTTE. NORTM CAROUNA
16 l
)
1 ,
who can r e s olve these potential disputes j 2 during this Discovery process.
3 The other Board me mb e r s a'r e not 4 a vaila bl e to rule, and no one has been 5 delegated the re s pon sibility to rule.
6 He, of course, will be absent until 7- the lith of Tuly, we are inf o r m e d. So I' m 8 faced with the d ifi c ult y of when you instruc t 9 y o u r 7/ i t n e s s not to answer the question, 10 of not being able to seek r elief by way of 11 a djour n m e nt and r uli n g .
12 Therefore, I ask you, sir, to pe r mi t 13 the Witnes s to answer the qu e s tio n.
14 MR. GIBSON: B o b, are you s a yin g 15 this Wit ne s s ou ght to t e ll everything he 16 disc u s s ed with his C ou n s el in preparation 17 for the D e po sition ?
18 The broadnese of the question 19 in f ri n g e s on that. If there is a s pe cific M area, we can see if that can be resolved; 21 but I will not let him sit here and go 22 through a list of thin g s we discussed.
23 I think the A tt o r n e y- C li en t p r i vile g e 24 If th e r e is s o me thin g protects that.
25 we will see if he can s pe cific you want, EVELYN SERGER ASSOCIATES. STENOTYPE REPORTING SERvlCE. CHARLOTTE. NORTH CAROUNA
, c 17 I answer that;' but he will not answer the 2 other que s tion.
3 1 understand your position with re ga rc; 4 to the B o a r d., but.I suggest you eit he r 5 rephrase the qu e s tio n and make it more 6 dir e c t and s p e cific or move on to another 7 question because h e ' will not answer. that.
8 MR. GUILD: My po sition is to th e 9 extent that the Witne s s ' te s tim ony is that to all reflec tion of in s t ru ctio n s received, 11 includin g you, sir, the A tt o rn e y- Clie nt 12 p rivile g e does not shield that; and his 13 sworn t e s timo n y ought to r efle ct what 14 in s t ru c t i o n ti his t e stimon y is responsive
- 15 to f rom you, his mana ge ment, or anyone 16 elac.
17 And the que s tio n pending was designed 18 expressly and very s p e cific ally to elicit l
19 his response with respect to what i
20 in s t r uction s he has had regarding his 21 te s timony, and it stands, i 22 MR. GIBSON: And he is not going to 23 answer it, so I suggest you ask another 24 que s tion, a more s p ecific qu e s tio n; or t e ll f
i 25 me more about where you are going.
l swatyn announ Assoc Arms. sTswotype meronrima sanvoca. CMAnLOTTs. NOnTH CAnOUNA
Boll - Diroct 18 1
That does infringe on A tto r ne y- Client 2 r ela ti on s hip.
3 . . MR. G UILD : A ll right, sir.
4 5 BY MR. G UI LD :
6 Q Were you instructed with respect to the 7 responses of any of th e qu e s tio n s I've asked you so 8 far, Mr. B e ll ?
9 MR. GIBSON: Repeat that. I don't to understand the qu e s tio n.
11 12 BY MR. G UILD :
13 Q W er e you in structed with respect to 14 . e s pons e of any of the qu e s tion s so far?
15 A I don't understand the que s tion.
16 Q Did you discuss documents and how to 17 answer que s tio n s with regard to documents ?
18 A No, sir.
19 C Did you discuss the subject of your role in 20 f o rmula tin g answers to Palmetto A lli an c e 's Discovery 21 R eque st ?
! 22 A Yes, sir.
M Q What did you dis cu s s ?
24 A I told Mr. Gibson that I didn't think my ,
3 D eposition would take very long in that the only thing EVELYN SERGER ASSOCIATES. STENOTYPE REPORTING SERVICE. CMARLOTTE. NORTM CAROUNA
B ell - Diroct 19
. 1 I did was coordinate b etwe en - Q A and le g al in the 2 transfer of paperwork.
1 3 O All ri ght, sir; anything else ?
4 MR. GIBSON: Nothing else t h a t' we 5 will put on the R e c ord in response to your 6 que s tion, which I think is obj e ction able.
7 MR. GUILD: I would a sk that he be 8 responsive fully to the que s tion asked, and 9 that his. response not be limited to the 10 ruling on any such qu e s tion.
11 12 BY M R.. GUILD:
13 O How many m e e tin g s did you have on the 14 subject of r e s po ndin g to P alme tto 's Discovery R eque s t, 15 M r. B ell ? .
16 MR. GIBSON: You are limi tin g that 17 to m e eting s involving preparation of this l
l 18 D e po s ition or Discovery R eque st ?
19 MR. GUILD: T he que stion wa s broade r 20 than preparing for this D e po sitio n.
l 21 MR. GIBSON: W o uld you make it M clearer, Mr. Guild ?
23 MR. GUILD: I think it was clear, bu t l
24 I will try to restate it.
l 25 l
EVELYN BERGER ASSOCIATES. STENOTYPE REPORTING SERVICE. CHARLOTTE. NORTH CAROUNA l
l _ - -. . __
B oll - Direct , 20 1 BY MR. G UI L D :
2 O How many m e e ti n'g s di d you have with regar d 3 to preparing Discovery R equ e s t s with regard to 4 C on te ntion Six ?
5 A I cannot say how many.
6 O One, two, more than two?
7 A More than two, I can't remember the e x a'c t 8 a mo unt.
9 O In one of the Answers to In te r ro ga to rie s, 10 there are de s c ribe d a nu mb e r o f me etin g s r e g a r di n g 11 this subject.
12 L e t 's see if I can 1et you refresh your 13 r e c oll e c tio n.
14 A All ri ght, sir.
15 O I show you a document dated F eb rua ry 2 8, 16 1983; and it is e ntitl e d, " A pplica nt's Supplemental 17 R e s po ns e s , " etc.
18 Have you seen this before, and I will put 19 my fin g e r to that spot that I will direct your 20 atte ntion to (indic ati n g ) ?
21 First tell me if you have seen the documen t 22 before, Mr. B ell ?
23 3 y,,, ,ty, 24 O A ll right, sir; the page identified, that is 3 Page--
EVELYN SERGER ASSOCIATES. STENCTY'S REPORTING SSRWCE. CHARLOTTE. NORTH CAROUNA
l B oll - Direct . 2l I
1 A Page 12.
2 O Does it say, " C on t e n tio n Six" at the top?
3 A Yes, sir.
4 O Page 12 sets out, there ar e s everal pages 5 that describe documents for which your Lawyers h av e 6 asserted an A t t o r n e y - C li e n t related p rivil e g e ; b ut I 7 am not a s kin g you about those documents.
8 What I want to know is if you look at those 9 pages, see if they refresh your r ec olle c tio n concerni ng to m e e tin g s.
11 Most of these de s c riptio n s of documents 12 relate to me etin g s , and I would lik e to know the 13 me etin g s and the ones you were present at, sir.
14 A On Page Seven, on Page F o u r t e e_n - -
15 Q That is Paragraph Number Seven; is that 16 right, it is a number ed paragraph?
17 A C or re ct.
18 Q All right, sir.
19 A 9 /16 /82, I attended a me etin g the re.
N Q A ll right, sir; does that text r efle c t that 21 you we re in attendance at that matte r ?
22 A T ha t 's cor re ct. Paragraph Number Eight 23 has reference to the s a me m e e tin g, that was my note, 24 It looks like the only date that I can see was the .
25 9 /16/82.
EVELYN SERGER ASSOCIATES STENOTYPE REPORTING SERvtCE. CHARLOTTE. NOsrTM CAROuMA
. B ell - Direct 22 1 Q Was that the only m e e tin g that you p a r tici- ,
2 pated in with respect to responding to Palmetto 3 A lli a n c e 's Responses on Contention Six ?
4 A No, sir.
5 'O You don't r e c a ll any others at this ti m e ?
6 A I can't r e c all the dates; no, sir.
7 Q A ll right, sir, if you would pass that back 8 to me, thank you. Now take a look, fir s t I'm going t o 9 s ho w you again the December 31st Response by Duke 10 power C o mp an y.
11 You have pr eviously id entified it. Take a 12 look at that again about p a g e --I' m afraid I don't have 13 page references.
14 L et 's look here at R e s pons e s to 15 Intorrogatory Number Six, w hic h be gin s at Page 16 F ou rt e e n, M r. Bell, and fli p through there, sir, and 17 what are your initials, tell me if your initi al s , sir ?
18 A G-H-3 19 Q T ell me if the i ni ti al s G-H-B indic a tin g 20 Glenn H. B e ll are in di c a t e d behind the company's 21 R e s pons e s to any of thes e s p e cific Inte r r o g a t o ri e s on 22 C ontention Six, and let me see if I can speed up the 23 process.
24 Take a lo o k at Interrogatory Three. ,
M A Correct.
EVELYN BEleGER ASSOCIATES. STSNOTYPE REPORTING SERWCE. CMARLOTTE. NORTM CAROWNA
m Boil - Diroet 23 1 Q Eig ht ? ,
2 A Correct.
3 Q Nine?
4 A Correct, yes; as w e ll as the i n i t i a l R - V. - O ,
5 'O' Who is R-W-O?
6 A R oger Q u e ll e tt e .
7 O Is Mr. Du e 11e t t e present in the room hereP 8 A (The Witne s s nodded his head affirma tively, )
9 O I want to be inf o r ma l, M r. 3 ell, but pleas e 10 say yes o r no.
11 A Yes.
12 Q Sa on Nine it is Glenn H. B e ll and R oger 13 Ou elle tt e ?
14 A Yes.
15 ,
O How about 14 7 16 A Yes.
17 Q All right, 16 ?
18 A Yes.
19 O Seventeen?
20 A Yes.
21 Q Eight e en ?
22 A Yes.
23 O Twenty?
24 A Y e s.
M Q Twenty-three and twenty-five ?
EVELYN BERGER ASSOCIATES. STENOTYPE RFPORTING SERVICE. CHARLOTTE. NORTM CAROUNA
3 o11 - Direct , 24 1 A Yes.
2 C All right, and 24 I b e li e v e 24 is out of 3 order? It f ollow s that a n s we r th e r e (ladicating).
4 A Yes.
5 Q All the ones you said yes to are ones in 6 which you participated in answering as you e a rlie r 7 described which was your role as you just t e s ti fi e d 8 under oath ?
9 A Yes.
10 0 .s il those are ones in whi c h your initials 11 appear af ter the an s w. r s ; carrect?
12 A T ha t's correct.
13 O Turn to Num bers 12 and 13. Do the initials 14 R-%-O appear after those answers?
15 A T we lv e, T hi r t e e n; yes.
16 How about Twenty-one ?
C 17 A R - Vi - O as well; that's correct.
l l
18 R-%-O, those initials stand for Roger C And 19 O uelle tt e 7 20 -3 y,,,
21 C T urn to Page 41 of that s a me R e spons e.
22 if you would, Mr. Dell. Does th e r e at 41 in pa r t 23 appear the company's Response to P almetto Allianc e 's 24
!~ Interrogatories 23 and 25 on C ontention 6 7 25 A Would you repeat your que s tion ? -
EVELYN BERGER ASSOCIATES. STENOTYPE REPORTING SERVICE. CHARLOTTE. NORTH CAROUNA
. Bell - Direct 25 1 O Sure, does part of your answer to 23 and 2 25 appear on that page?
3 A Yes.
4 O A ll right, sir; let me hold one second, 5 M r. Bell. All right, sir; read the I r. s t paragraph 6 appearing on that page and going to the next, don't 7 you represent that this list is complete, that 8 A pplic an t s are c on tinuing their search to determine 9 whether there are additional documents within the 10 scope of 23 and 25, and if so, those additional 11 documents will b e i d e n tifi e d to Palmetto Allian c e and 12 will be made available to Palmetto A llian c e for 13 in s p ec tion in accordance with the C3 above?
14 What does it mean there? Let me ask you 15 fi r s t, do your initials appear there?
i 16 A C or re c t.
I 17 C W ha t does it mean by " c o n tinuing their 18 search?"
19 A At the time I produced these documents for l
l 20 legal we were not sure we had all the documents that 21 pertained to those two Inte rroga toria s.
22 O Did you p a r tic i p a t e in producing those 23 documents for legal as you s aid ?
24 A 1 went back through our management who 25 went to diff e r ent p e o pl e to get these do cum en ts , yes.
l EVELYN BERGER ASSOCIATES. STENOTYPE REPORTING SERVICE. CHARLOTTE. NORTM CAROUNA
B ell Direct E6 1 Q D es cribe what you did in connection with 2 id e n tif ying those documents and preparing that answer ,
3 sir.
4 A T he only thing I did was f or wa rd these 5 documents over to legal. At the time these were 6 forwarded over, I told legal we were not sure we had 7 e v e r y thi n g, and we were in the process of Zoing back 8 to our s up e r vi s o r s to find out if we had e v e r y t h i n'g .
9 Q First I want to direct your attention to 10 the process that arrived at the Response that has 11 your initials ~ by it th e r e; and then i want to direct 12 fi r s t to what occurred leading up to the R e s pons o I3 that has your name b y it. Mr. Sell, and then go 14 f o rwa rd.
15 D e s c rib e if you wonld. M r. B ell. your role 16 in preparing that Rosponse.
17 A 1 sent a list of these docume nt s over to 18 l 18 E al.
19 Q % here did the list come f rom that you goti i
20 F rom the va rio us people who sent me the s e l A j
91
~
documents, f e eling t h e. . e documents represented 22 R es pons e s to 13 and 25. ,
23 Q % ho fait that?
24 It came from diff e r ent s up ervision.
A 25 so w ha t was your role in g e ttin g O All right, EVELYN SERGER ASSOCIATES. STENOTYPE RSPORTING $5RVICE. CMARLOTTE. NORTH CAROLINA
a all - Direct. 27 1 the documents id e n ti fi e d by those s uper vision ?
2 A My role was that everything was sent throu gh 3 the supervision to me.
4 O How 'd i d. t h e y d o that, ho w did th ey come to 5 do that, si r . nell?
6 A I would expect it came through the chain 7 of command.
8 Q How did they k no w they were to do tit a t ?
9 How did they receive their in s t ru ctio n s to c ompile 10 these documents or send those documents to you?
11 A The dif f e r e nt managers knew I wa s 12 coordinating this m a t e ria l, and they got the material 13 and got it to me.
14 O How did they know they were to do that, 15 s i r, if you know?
16 A We had had various m e e tin g s c o nc e r nin g l
17 what things we needed to be pulling together, what 18 d oc um ent s .
19 C S pe cific ally on this subj e c t, Interrogatoria s 20 23 and 25, is your t e s timony that the in s t ru c tion s 21 to your management or the management people you have M identified. I b elie ve M r. G rie r , Da ris on an d H enry, 23 both are the three p e o pl e you told me a c tu all y 24 answered thes e thing s ?
M 1. C or re ct.
EVELYN SERGER ASSOCIATES. STENOTYPE REPORTING SERVICE. CHARLOTTE NORTH CAROUNA
B ell - Direct 23 _
t
! 1 Q That is what you m e an when you'are talkin g 2 about your management on the s e thing s ?
3 A T ha t 's correct.
4- Q Is it your t e s timony M r. Grier. D a vi si o n 5 and Henry got their in s t z uc tio n s on,these documents 6 at a me eting ?
I 7 A We had a meeting on the Int e r r og at o rie s .
8 It might, b e that I came from legal when we received 9 those things and said we need to get all the N C I's 10 that repte s ent ed dis put es or wha t e v e r and get them 11 to g e th e r.
12 At that time I might have told him befo re 13 we had th e me e tin g that we needed to get this kind 14 of inf orma tion together.
15 Q Might have told whom ?
16 A Either W ayn e Henry or George G rie r.
I 17 Q Or Larry D a vi s o n ?
18 A 11he had been with us, yes.
19 Q But either Mr. G rier or Mr. Ii e n r y ?
20 A Yes, they worked in the Charlotte o f fic e.
21 and I saw them lo c ally.
22 O So you may have passed on i nf o r m a ti on from 23 le gal to get the s e documents tog ether ?
24 A I might have.
M Q Did you s end a note to Mr. G rie r saying EVELYN SERGER ASSOCIATES. STENOTYPE REPORTING SERveCE CHARLOTTE. NORTM CAROUNA
E cll - Direct 1 g et these documents to ge ther ?
2 A I don't remember. .
3 Q Might you hhve?
4 A I might.
'5 O Had you c ommunic ated in writin g with Mr.
6 G rier , D a vi s o n or Henry or anyone.else with tospect 7 to R e s ponding to Inte r ro g a to rie s 23 and 25?
8 A No, most of it was inf o r mal.
L 9
Q Not in writing ?
10 A T ha t's correct.
11 O You passed on mes sa ge s o r ally to Mr. Grier ?
12 A T ha t's cor rect.
13 Q Is that what you did in this case 7 14 A I can't r e me mb e r wh eth e r I wrote a nythin g 15 -on this or not; but I don't think I did.
16 Q M r. B ell, did you bring your file s with 17 you here th at would r e fl e c t whether or not you had a 18 memo randum or note or anything in writin g with 19 regard to an sw e rin g this Inte rr o g at o ry ?
M A No, sir.
21 Q Do you have file s ?
~
22 A I have a correspondence file.
23 Q Would that include any notes or memoranda 24 that you issued or sent to M r. G ri c t , H enry or 25 D avis on with r e s pe ct to answering thle Interrogatory?
EVELYN SERGER ASSOCIATES. STENOTYPE REPORTING SERVICE. CHARLOTTE. NORTM CAROUNA
f l . .
S oll - D i r o e't -
30 1 A There are occasions whi c h I m ight ha ve 2 wrote a memo and it was signed by my manager.
3 Q You would have a copy in your file of that 4 if you wrote it ?
5~ A Yes, sir.
6 Q Did you bring tho s e things with you today ?
7 A No e sir.
8 Q .I want to get you to identify the N o ti c e.
9 You appeared here today at this D e po si tio n pursuant to to a Notic e of t a ki ng Depositions that was served on 11 the company; did you not?
12 A Yes.
13 MR. GIBSON: We will s tipula te all 14 of the m say the same thing, if you want to 15 hand him any one of th e m.
16 MR. GUILD: His happens to be on tho 17 bottom of the list.
18 _
19 BY MR. G UI LD :
20 Q Can you id e ntif y that document, Mr. Sell?
21 A Yes.
22 O Is that Notice of taking D e po sitio n that was M served on you requiring your attendance here today?
24 A Yes.
3 Q All right, sir; would you read the second EVELYN BERGER ASSOCIATES. STENOTYPE MEPORTING SERVICE. CHARLOTTE. NORTH OAROUNA
- - - ~ ~ , a
Diroet 31 S oll -
I paragraph there for the Record?
2 A "You are required to attend and may be 3 repre sented by C oun s el and are required to b rin g ' with you any and a ll documents in your possession or
~
4 5 s ubj e c t to your control r e fle c tin g your knowledge of 6 the above described matter s upon which you will be 7
e ra mine d. "
8 Q A ll right, sir; did you read that before 8 today?
10 3 y,,,
11 MR. GIBSON: I need to interject.
12 We read the Board's Order r ulin g on 13 s an c tio n s, and the Board's Order s et tin g o r i 14 allo win g these D e po s itio ns to be taken as
(
15 overriding a general request for documents l
16 as indicated in the D e po sition.
17
.Ni r . B e ll has brought a ll documents 18 relating to QC or QA in welding at C at awbn.
I8 Obviously we take th e po sition that any 20 notes of m ee tin g s held with Counsel
- 1
~
concerning p ulli n g together items would be 22 p rivile g e d as r e fle c tin g some of the 1
03 strategy and discussions with Couns el.
94 I b elieve as we read th e Order and
" as we interpret the No tic e of D e p o s itio n l EvrLvN etRoER ASSOCIATES. STENOTYPE REPORTING SERylCE. CHARLOTTE. NORTM CAROUNA l
l
B all - Diroet 32 1 a s being li mit e d oy those Orders, all of 2 the documents have been produced.
3 . - MR. G UILD : I would like the W it ne s s 4 to answer th e qu e s tio n.
5 MR. GIBSON: I am in s t ruc tin g hi m 6 to answer that que stion consis tent with 7 what I've said; that is we have produced 8 all the do cu me nt s relevant to the scope of 9 th e s e D e po s ition s.
10 MR. GUILD: I would li k e the Witne s si 11 to answer the que s tion.
12 THE W IT N E S S : W o uld you repeat the 13 qu e s tion ?
14 15 BY MR. G UILD:
16 O Yes. Why didn't you bring those documents 17 that you have now identified, your documents r e fl e c ti ag l 18 in s t ru c tion s that you may have given to Mr. G rie r l
l 19 and others ?
l 20 Why didn't you b ri n g those, sir?
21 .Nf R . GIBSON: His answer is we have 22 produced those documents; and if you have U another que s tion, I suggest you ask it.
24 VR. G UILD : Of course, you under-l 25 stand I am u n a.ble to get a r uli n g from th e EVELYN BERt.ER ASSOCIATES. STENOTYPE REPORTING SERVICE. CHARLOTTE. NORTM CAROUNA
S oll - Diroct 33 1 Judge.
2 MR. GIB S O N: I unde r s tand that, and 3 you can note the p o s itio n of this r uli n g in 4 t h e 't a p e , and we can ask the Court 5 R epor te r to note it if you deem it nece s sar y 6 to get a ruling; but I am in s t r uc tin g hi m ,
7 not to answer beyond that, and I suggest 8 we move on.
9 10 BY MR. GUILD:
11 Q M r. Bell, did you search for any document o, 12 you r s elf, in R e s po ndin g to these Interrogatories 23 13 and 257 14 A N o, sir.
15 Q Did you p articipate in re viewing any docu-16 ments that were id e ntifie d ?
17 A I might have read them when they came 18 through my of fi c e.
19 Q And for wha t pu r po s e might you have read
! 20 th e m, Mr. B ell ?
21 A Just for my own info r m a tio n.
22 Q Curio sity ?
23 A y.,
24 Was it not part of your r e s pon sibility for O
25 the company or in your participa tion in R e s ponding
.mv .. .. ...ociar... .r ~ome a===rma su avice. ca.m.orr.. ao= c^aoua^
S oll - Direct 34 1 to t hi s Inte r ro ga to ry ? .
2 A No, sir.
3 O D e s c r ib e a g'a i n. I want to understand very 4 clearly f or the Record, Mr. Bell, what was your role 5 in all this?
6 A My role was a very li mi t e d role in that I 7 put together all the documents that came through my 8 of fi c e and interfaced with legal to see that they got 9 those documents.
10 Q Did you do anything more than physically 11 take documents that were given to you and carry them 12 to someone els e ?
13 A N o, sir.
14 Q W ould you agree with me, Mr. B ell, we f
i 15 have gone through all of the A ns we r s to Interro gato ri es 16 that were contained in the December 31st Response?
17 That is what is in f ro nt of you, isn't it?
18 A D e c e mbe r 3'I s t , yes, sir.
19 Q Does Mr. G rier, M r. Henry or M r. D a vi s on ' a 3 initials appear af ter any of those answers, sir ?
! 21 A No, sir; the y do n' t.
22 C O nl y your initials or the initials of Roger 23 O uelle tt e ?
l 24 A T ha t 's c orr ec t .
1 25 O B ut , in fact, it was G rier, Henry and 6
EVELYN BERGER ASSOCIATES. STENOTYPE REPORTING SERvlCE. CMARLOTTE. NORTH CAROUNA
B oil - Direct .35 1 D avis on that answered those Interrogatories and not 2 you?
3 A T ha t 's correct. ,
4 Q Or Mr. Quelle tte ?
A 5 I think Mr. Quellette had. s ome inte rf ac e 6 with some of the Inter ro ga to rie s .iden tifie d. He did 7 answer some or pr ovided inf o rm a tion for some of
~
8 them. .
9 Q But didn't--
10 A I saw that the Jegal Department got tho s e 11 documents. I did not have r e s p o n s ib ili ty of preparin g 12 the documents.
13 Q All right, sir. Now, ist me tu rn your 14 attention to that answe r that was provided at Page 41, 15 Do you want to go back to Page 41 a g ain ?
! 16 30 you have that in f r o nt of you ?
17 A Yes.
18 O A ll right, sir; describe the search th at is 19 ref e renced thers in the answer that said in part that 20 A pplicants are c ontinuing their search for do cum e nt s 21 l responsive to thos e two Inter ro gato rie s.
l l 22 'hhat do you know about the search?
23 A It is my und e r s tan ding we went back to the 24 p e o ple and asked if there were any other documents -
l M that had not been turned over in their po s s e s sion.
EbELYN SERGER ASSOCIATES. STEMOTYPE REPC$RTING SERVICE. CMARLOTTE. NORTH CAROUNA
B oll - D1roet 36 I O What people are you speaking of?
2 A The persons at C a tawba.
3- Q
- W ho .a t C a ta wb a, sir ?
4 A Those persons in the Q A /CC .Depa rtment.
5 Be a little more s p e cific . W ho are you C
6 talkin g about?
7 I did not pe r s on ally go down on this A
8 p a r tic ula r trip when they went down to express what 9
they were looking for.
10 C Who is "they" as a general ma tte r, M r.
l 11 B ell ? You andI may be able to get about who "they" f i
12 mean or who they are.
13 If you can help for clarity sake--for some- .
I4 one who is a total stranger who has not lived through 15 this experience has to r ead this D e po sitio n--wh e n you 16 say " the y" or "we", identify those people.
II O Our management went down. I think M r.
18 Crier and M r. H enry and the L e g al D e pa rtm ent went 19 down to the site.
- Q Catawba ?
91
~
A That's right, and asked those persons in i 1
92 this department if there were any other documents. !
23 Q Who do you mean by "those persons in this o4
~
d e pa rtm ent" ? l 25 A I knew the y met with the QC D e pa rt ment EVELTPe BERCEW ASSOCIATES. STENOTYPE REPORTINd SERWCE. CHARLOTTE. NORTM CAROUNA
C ell -Direct ,
37 1 down there. I was not there so I don't know who was 2 there.
3 Q You ju~st don't know?
4 A T hat's r ig ht .
5 Q And your unde r s ta nding comes from where?
6 A F ro m Wayne Henry, he told me he was 7 going.
8 Q He told you he went after he did ?
9 A Yes.
10 Q Did he tell you who he met wit h ?
11 A Not s pe cific ally, no.
12 Q A ll right, sir; I show you a document I 13 think you may have identified this one already 14 (indicating); this is th e 2/28 Response.
15 D o yo.u re c o gnize that, sir?
16 A y,g, 17 Q Look at Page 28; do your initials appear 18 following an answer on Page 287 19 A I b e li e v e it is Number 22 Interrogatory 20 22.
21 Q Do you see that ?
22 A My initials appear on Page 29.
23 Q Let's see Paga 28 a second--yes, I' m 24 sorry; you are ri ght.- P a ge 29 in Response as 25 participating in answering Int e r r o g a to r y 22; is that EVELYN SERGER ASSOCIATES. STENOTYPE RSPORTING JEMICE. CMARLOTTE, NORTN CAROUNA
L oil - Direct 38 I right? .
2 A T ha t's correct.
3 C Did you participate in answe rin g Inte r ro ga-4 tory 227 .
5 A I provided l e~g al with the list of employee s E 6 yes.
7 O And where did the li s t come from that you 8 p r o v'id e d 'l e g al ?
9 A It came from our A dmini s t r ativ e S e rvic e s to Division.
11 Q A ll right, sir; did you procure the list 12 from A d mini s t r a tive Services?
13 A Yes, I asked for the list.
14 Q What did you ask for and how. did you do l
15 that? ,
16 A I asked for the na me s, titl e s , addresses l
l 17 and phone numbe r s and date of employment for a ll 18 persons at the f acility in CA/QC, and to de s c rib e in 19 d e t ail the circumstances of t e r min ation.
20 C You did not do that, did you?
21 A T ha t is what I asked for.
22 C A ll right, cir; hold that a second, please.
'23 I show you a c ou pl e documents now sud ask if you 24 recognize tho s o do cument s as the R e s ponse that was 25 provided ?
l EVELYN BERGER ASSOCIATES. STENOTYPE REPOM1NG SERVICE. CMARLOTTE. NORTM CAROLINA
a all . Direct '
3 -)
1 The do cument s, the li s t s that were p r o vi d ad 2 in that R e s ponse, that has your initials by it. Mr.
3 B ell ? ,
4 A Yes, I r e <: o g ni z e the documents.
5 O Are those the li s t s pr ovid ed ?
6 A Yes, sir.
7 O Were any other lis ts pro vided or are those '
8 the m ?
9 A T hi s is it.
10 C D e s c r ib e, if you would, g e n e r a ll y what it 11 is we have here? That was the li s t s that were 12 pr o vid e d ?
13 A A list of te rmin a tion s , transfers and 14 current employ ee s at C atawba.
15 Q The current employees at C a ta wb a , that is 16 the c o m put e r list; correct?
17 A Correct.
18 C Is it a fair cha ra cte risation to say that is 19 the f o rm that A d mini st rative' Se rvic e s keeps the list 20 of e mploy ee s in the CA Department at C atawba ?
21 A T hi s is what they p r o vid e d me. Whether o:r 22 not it is provided for the list of A d mini s t r ative 23 Services, I cannot say.
24 Q The other lists are typewritten lis t s ? .
25 One says transfers and one says termination s ?
EVELYN SERGER ASSOCIATES. STENOTYPE REPORTING $$RVICE. CHARLOTTE. NORTM CAROUNA
s .
a o11 - Oirect. 43 1 A. (The Witne s s nodded his head a f fi r m a ti v ely, )
2 Q On the trans f e r lis t, does it tell us where 3 the e m ploye e s transferred to ?
4 A No, sir.
5 Q W ha t information does that t rans f e r lis t 6 haye on it ?
~
7 A Name, address and telephone number.
8 Excuse me , on some of the m it indicates telephone 9 numbe r.
10 Some do not have a telephone numb e r.
11 C What does the cla s s ifi c a tio n mean, if you 12 knoy7 13 A W ha t does the cla s sification me an ?
14 g y..,
15 A I don't unde r s ta nd the qu e s tion.
16 Q W ha t is the inf ormation provided under the 17 title "cla s sifica tio ns " ?
18 A It lists their job title.
19 C What job title ?
8 A I suppo se that th e y held.
21 Q The job title they held before they were 4
M transferred?
23 A I would a s sume. I don't know t h e. t to be a 24 fact.
25 Q Does it li s t the job title s held af te r they igELYN SERGER ASSOCIATES. STENOTYPE REPORTING SERVICE. CHARLOTTE, NORTH CAROUNA 1
Bell - Direct 41 1 were transf err ed ?
2 A. N o, sir.
3' O How about th e address and telephone numba r, 4 what address and t elephone number is li s t a d there.
5 if you know?
6 A It appears to be home addresses.
7 O A re those the home addresses? Where do 8 these addresses and telephone number s come f ro m, 3 if you know, Mr. 13 e117 10 A I don't have any idea.
11 O You got them from A d minis trative S e rvic e s; 12 is that correct?
13 A Right.
14 Q W hat did you a sk them for?
15 A I a s ked them for what the Interrogatory 16 ask3 f o r.
17 Did you s end the m a copy of the C
18 gag,,,,g,g,77 7 19 A I don't know; I could have taken it down an d 20 read it to them and they took notes. I don't remember 21 whether they made a copy of it or what.
22 O You don't know the source of the address 23 and telephone number a s it appears thero?
24 gg, ,g,,
3 25 O And you don't know whether the cla s sific a tio n EVELYN BERGER ASSOCIATES. STENOTYPE REPORTING SERvtCE. CHARLOTTE. NORTM CAROLJNA
3 o11 - D
' irec t 42
~
1 is the one h eld ~ a t Catawhs or af ter they were trans-2 ferred? We are looking at the third list, M r. B ell, 3 the termination list.
4 A Yes.
5 O What in fo r m a tion appears there?
6 A Name, address, telephone number, elassie 7 fi c a ti o n , date employed, date of termination.
8 Q All right, do you know what the add re s s 9 and telephone number appearing on there indicates ?
10 Do you know wher e tho s e addresses and telephone 11 numb e r s came from ?
12 A It ccme from the A d mini s t ra tiv e Services:
13 I don't know where they got th e m.
14 Q You don't know whether they are current or 15 most current known t,o Duke?
16 A I don't know.
17 Q Now the c la s sific a tio n, do you know what 18 the informatien is that appears under that title ?
19 A Thera a g al n , I a m a s suming, I would a s sume 20 thos e are c l ass i fi c a ti o n s which e m pl oy e d --
21 O You don't know?
22 A 1 don't know.
23 Q You did not prepare th e lis t ?
24 A Correct.
25 O Your initials appear.
EVELYN BERGER ASAOC.ATES. STENOTYPE REPORTING SERvlC3. CHARLOTTE. NORTM CAmouMA
e l 's .. Direct 43 ,
1
.. O nly because I was the one that brought 2 the in f o r ma tio n to legal.
3 C Someone in the A dmini s t r a tiv e Services 4 s u p pli e d th'e information for that a n s w ea r ?
5 A They s u p pli e d the information, yes.
6 Q Do you know who in A d mini s t r a tive Service a 7 answered that In t e r r o g at o r y ?
8 A I got the in fo rm ation f rom the Supervisor 9 of A dministrative Services.
10 Q Who is that?
11 A V ale rie S pe a rm a n.
12 C Do you know what Mrs. Spearman's title 13 1,7 14 A Not e x s e tly, no.
15 Q A ll right, sir; give me a rough idea.
16 A She is a Supervisor in the 'ersonnel 17 S e c tio n.
18 Q As far as you know, is she the person who 19 is responsible in A d mini strative Se rvic e s for
- a n s w e rin g the Inte rro gatory ?
21 A 'S h e reports to a Manager f rom A dminis tra tive 72 Alexander.
Services, C. N.
23 O Is that the Mr. Alexander we will talk to 24 g,g,, ,,7
" A T ha t 's correct.
EVELYN EERGER ASSOCLATES, STENOTYPE REPORTING SERVtCE. CMARLOTTE, NORTH CAROUNA
2 011 - Olrect 44 1 Q A ll ri gh t, sir; I'll take those li s t s back.
2 T ha nk you. Were further do cu me nt s identified as a a r e s ult of the search that we've talked about on 4 Interrogatories 23 and 257 -
5 A I don't remember.
6 Q !all let me see if I can refresh your 7 r e c oll e c tio n. L e t 's look at the 2/28 Response 8 beginning on Page 28; and tell me whether o r not that 9 r ef re s he s. your r ec olle c tion.
10 Take a look there (indic a tin g).
11 A The que s tio n is were further documents 12 id en tifie d ?
13 Q What In te rr o gato rie s are you identif yin g ?
14 A T we nty-thr e e and Twenty-five.
15 MR. GIBSON: He is looking at the 16 wrong one.
17 MR. G UILD : Turn to Page 43 I think 18 that is the end of that answer.
19 THE W IT N E S S : Yes s further document s I
! 20 were id e n tifie d.
I l 21 22 BY h' R . G UILD :
l
[ 23 O Do your initials G-H-B appear at the end i
l 24 o f tha t rather lengthy Besponse?
25 A 7as.
evetm manaan as.ociates, srswo es aerontmo senwes. cuantons. nonrw camouma l
l 4;
J ail - Dirset I O A ll rig h t, sir; did you p a r ticip a t e in 2 responding to that f urthe r Roapon se to those
. 3 Inte rr ogatorie s ?
4 A I forwarded the documents referenced here 5 over, yes.
6 C A re there other initials that appear with 7 yours at the end of that answer?
8 A Yes.
9 C What are those initials ?
10 A D- A and M-L-C.
11 Q h ho is D-A and M-L-C?
12 A I don't know.
13 MR. GUILD: C ouns el, could you help 14 ene? I have no idea who D-A and M-L-C 15 are: and in the absence of this Witne s s '
16 knowledge--
17 MR. GIBSON: W e 'll put :u r . Grier 18 on in wha teve r tim e he comes up, as I 18 und e r s tand i t, :e r . Carr s ent you eithe r 20 one or two A f fid a vit s at a later tim e.
21 g,m not c o r tain whether it was in
-~
response to this s p e cific qu e s tion or not.
23 because the signed A f fid a vit or A f fida vit s 24 had not been received as of the time they 25 were fil e d . I c an ' t represent it was or d
EVELYN SERGER ASSOCIATES. STENOTYPE REPORTING SERveCE. CMARLOTTE. NORTH CAROUNA
d oll - ir:c:
. 46 1 was not.
2 MR. GUILD: I c a n 't remember either s 3 c a ri someone h el p so we can expedite this?
4 Doe s 's ome on e know who D-A and M-L-C ar e?
5 THE W IT N E S S : I think that M-L-C is 6 Mike Child r e s s t but I' m not sure.
7 MR. GIBSON: We b e li e v e that D a vid 8 A be rnathy i_ s probably the D-A. I think he 9 was involved in searching for do cu me nt s ,
10 a nd M-L-C was Mike Child r e s s , who had 11 been involved in e a rli e r De po sitio n s from 12 the D e si gn E n gin e e rin g aspect.
13 14 BY M R. GUILD:
15 Q Do you know, Mr. B ell, whether Mike 16 C hild r e s s and Da vid A b e r nathy pa rticipa ted in 17 R e s pondin g to that Interrogatory?
18 A I don't know.
19 C What is Mr. A be rnathy's job, if you know?
20 A I do n' t k n ow.
21 Q Do you know Mr. A b er na thy ?
22 3 33, 23 Q How about M ik e Childr e s s ?
24 A I know of hi m, I don't know what hi s job 13 EVELYN SERGER ASSOCIATES. STENOT'TPE REPORTING SERvtCE. CHARLOTTE. NORTM CAROUNA
nati - Dir e c t 47
, 1 O You didn't work with those two 3 e n t l e m e n, 2 in the searching for these docum ent s ?
3 A No, sir.
4 O T ell me how these documents, the ones 5 id en ti fi e d in 29 through 43, how did tho s e document s 6 come to you, sir ?
7 A I don't know on each one how they came.
8 It was af ter' our R e s po ns e back in looking f or f urthe r 9 documents they c ame to me, but I don't remember eac h to one, how it came.
11 Q I' m not asking you for each one. Give me 12 a general de s c ription of what the process was and 13 what your involvement was.
14 A As I say, we asked those persons involved 15 at Catawba if ther e were any other d oc umen ts.
16 Q Yes?
17 A A nd those do c u m ent s here, they forwarded 18 to us.
19 Q To you?
20 A They came to me eventually. I d on't know 21 whether they were sent directly to me.
22 O That is what I'm trying to understand. Hew 23 did they come to you? O nly t e ll me what you know, 24 Mr. Eell?
25 A I can't remember each document, how they EVELYN SERGER ASSOCIATES. ETENOTYPE REPORTING SERVICE. CMARLDTTE. NORTH CAROUNA
. S ell . _..i r a c t ,
48
~
1 came. It could have been through my bos s, V/ :. y n a 2 or s traight f rom the field to me; I don't denry, ,
3 r ememb er .
4 W o uld your fli e s that you did not bring Q
5 .iould the y with you refresh you r re colle c tion ?
6 c on tain a me mo, a cover memo, to M r. Henry or fro m 7 here are a M r. Henry to .% r . Sell, for examplo, 8
bunch of documents ?
9 A No.
10 Q Are you sure about that?
II A I would have to look in my file to be I2 a b s olu t e'l y sure. I don't think I do, no.
13 Q D ut you don't know for sure?
14 ,g,,
3 3,,
15 Q And you didn't bring.those file memos with 16 you?
17 A N o, sir.
18 Q Is ycur office here in the corporate head-19 quarters of Duke Power Company ?
20 A Yes, it is.
21
.b R . CUILD: C ouns el, le t's take a 22 r eces s and det Mr. Ball to get his file.
93
~
MR. GISSON: Our ea rlie r dis cu s sion 24 of this stasds. If you have further 25 que s tion s of Mr. E e ll, ask him.
EVELYN BERGER ASSOCIATES. STENOT"PE REPORTING SERVICE. CHARLOTTE. NORTM CAROUNA
49 1 As part of our c o ntinuin g eff ort, we 2 will che ck a gain, and if thors is a d oc um e nt 3 we will make that Ih n o wn ; but as Iindicated .
4 to the best of our knowledge we have pro-5 duced everything and we will not recess to 6 get him to check those file s now.
7 M 2. C I'I L D : F r a nkly, you have waste d a a good bit of ti m e , all of our ti m e . Mr.
9 E ell, contrary to his sworn A f. f i d a vi t ,
10 suggests o r t ells us and tells the Nuclear 11 R e gula to ry C ommis sion that he an swered 12 those Interrogatories.
13 His t e s timo ny today is that he did not ,
14 and o ther s , in fact, did the s ub s ta ntive 15 answering of tho s e In te r r o g a t o rie s .
16 We have to fi g u r e out *vhat kind of 17 s an c tion s will be sought because of a total ly 18 unresponsive answer.
I 19 I will ask you to h elp ball us out to 1
l 20 have this Witness get the documents we puu
( 21 him on n o tic e to get.
22 Now I am a sking that we recess this 1
23 D e p o s ition right now and Mr. Bell go down 24 the hall and get the file s to refresh his 25 r e c oll e c ti o n so he can answer t h e.t he did EVELYN SERGER ASSOCIATES. STENOTYPE REPORTING SERvCE. CMARLOTTE. NORTM CAROUNA
l 50 l 1 not know, no twith s ta n din g that access to 1
2 doc um en t s. 1
~
3 MR. GISDOM: Mr. C ulld, I am not 4 going to go through and respond to each a nc; 5 overy one of the statement s made in your 6 speech.
7 ';;.
S e ll has indicated his role, that 8 is in c o o r dinatin g, pulling together the 9 inf o r ma tio n used in responding to these 10 Interrogatorios.
11 ,shere he has not provid ed tha t infor-12 m a ti o n, he told you the individuals who 13 p r o vid e d tha t.
14 I have indicated e a rli e r based on our 15 reading of the Board's Order and your 16 N 3 tic e of De po sition. .V r . ?. ell has pr o vid e d 17 you with the inf ormation needed; and if wo 18 discover any additional document r e s po n s iv e l 19 to tho s e requests, we will make those 20 a v alia bl e to you.
21 If you have some other qu e s tion s , I 22 sug;ost fou move on. I will not respond 23 to each and every statement in your speech, 24 e= cept to say we totally disagree.
25 MR. CUILO: You d e clin e to ask M r.
EVELYN BERGEM 41SOCIATES. STENOTYPE REPOpmMG SERV CE CHARLO1TE. NOffrH CARGu'aA
. 4 51
~
' ell to 3.e t the fil e s reque s ted in his Notic
, e 1
2 of D o po sitio n ?
3 MR. GIGSON: V' e have reviewed th e 4 documents, they have been made available 5 to'the extent they are re s pon sive to the 6 Interrogatories and to his N o ti c e of 7 D e po s ition as we read it, consistent with 8 the narrowin g impo s ad by the Board.
9 Now if you want us to go through the 10 charade we have been through before: that 11 is to have him go ph y s i c ally look again and 12 wa s te time that way, we will do that if 13 that i s what you are asking us to do in thi s 14 reCe35.
15 MR. GUILD: I a m a sking you to get 16 his fil e s as he was requested to do in his 17 N o tic e of Do po sition.
18 MR. CIBSON: I am s ayin g we will no t 19 ask him to get each and every d o c um e nt.
l 20 W e have produced what we b e li e v e to be 21 r e sp o n s ive to the Discovery.
22 If you wa nt us to recese and go through 23 the steps again, we will do th a t; but that 24 is at your request.
25 MR. GUILD: It is my request Mr.
EVELYN SERGER ASSOCIATES. STENOTY!*E REPCRTING SERVICE. CHARLOTTE. NORTM CAROLINA I
51 1 i s11 to get th e fil e s reque s ted in his Notic s 2 of D e po sition ?
3 M R .- CI?FON: V' e have reviewed the 4 docum ent s , they have been. made available 5 to the extent they are re spon sive to the 6 Interrogatories and to his N o ti c e of 7 D epo s ition as we read it. consistent with 8 the narrowing impo s ed by the Board.
9 Now if you want us to go through the 10 charade we have been through before; that 11 is to have him go ph y s ic all y look again and 12 waste ti m e that way, we will do that if 13 that is what you are asking us to do in thi s 14 receas.
15 MR. GUILD: I a m a s king you to get 16 his fil o s as he was requested to do in his 17 N o tic e of D o po sition.
18 MR. CIBSON: I am s a yin g we will no t i
! 19 Isk him to get each and every d o c u tn e n t .
! 20 '" o h a v e produced what we b e li e v e to be 21 r e sp on sive to th e Discovery.
22 If you wa nt us to recess and go t h r o u,g h 23 the steps a g ain, we will do that; but that 24 is at your request.
25 h! R . CUILD: It is my request Mr.
EVELYN SERGER ASSOCIATES. STENGTYPE RSPORTING SERVICE. CHARLOTTE. NORTM CARouMA
31 1 . ' ell :s get th e filo s r eque s ted in his Notic s 2 of D a po sition ?
3 MR. G ! 2.F O ?I: V' 3 have r e vi e w e d the 4 do cum ent s , they have been made available 5 to the e ::t e n t they are responsive to the 6 !sterrogatories and to his N o ti c e of 7 C apo sition as we read it, consistest with 8 the narrow nq impos ed by the Board.
8 9 Mow if you want us to go through the 10 charade we have been through befors', that 11 is to have him go ph y s ic ally look again and 12 wa ste time that wa y, we will do that if 13 that is what you are a skin g us to do in thi s 14 :e e a s 3, 15 N:R. C t:I L D : I a m a s king you to get 16 his fil a s as he wts rsquested to do in his 17 ?' o t i c e af O,po si tio n.
18 it R . CI3 SON: I am s aying we will no t 19 ask him to get each and every d o c um e n t.
20 ?? e have produced what we b e li e v e to be 21 r e sp o n s ive to the Discovery.
M If you want us to recess and go through 23 the steps a g ain, we will do th a t; but th at 24 !s at your request.
25 MR. GUII D: It is my r equ e s t Mr. s EVELYN BERGER ASSOCIAT19. STENOTYPE REPCRTING SERVICE. CNARLOTTE. NORTM CAROUNA
32 1 ,
Bell get the documents he was requested to 2 b rin g.
3 'iR.
. G I 3 S O.M : We will recess and go 4 to Mr. B e ll's o f fi c e and we will r e tu rn 5 as soon as we go through the s e steps a gain .
6 MR. G UI LD : That would be a help; 7 I would appreciate it.
8 ( V! h e r e u p o n , the D e po sition 9 adjourned at 9:51 a.m., and reconvenod to at 10:45 a.m )
11 MR. CIBSON: Mr. Guild, as you 12 requested prior to this recess, we have 13 r eviewed the file of notes held by Mr.
14 Bell that he described; and we repeat our 15 e a r li e r po s itio n.
16 It does not reveal any items which 17 we think should be turned over to Daimetto 18 A lli a n c e consistent with th e Bo a rd's Order, 19 d e s pit e th e very broad language in your 20 N otic e of D e po sitions.
21 V'ith respect to e a rli e r comments 22 concerning Sir. E ell's involvement in 23 ans we ring Int e rro gatorie s, we take serious 24 issue with you r d e s c ripti on that the 25 A p plic a n t s have been dishonest and su gge s':
EVELYN SERGER ASSOCIATES. STENOTYPE REPORTING SERWCE. CHARLOTTE. NORTM CAROUNA
. L ell - Direct 32 1 r a t h'e r than u .s c o n ti n u e to make s tate ment s 2 about th a t , if you feel there is a level of 3 dishonesty, that you without any h e s i t a t i.o n, 4 take that to the Board and have the Board 5 resolve those issues.
6 MR. GUILD: .Of course, as we know, 7 the Board is not a v aila ble to review any 8 requests for s a n c tio n s ; s o we find our s elvei, 9 M r. Bc11, back with you, to 11 BY MR. GUILD:
12 Q That did you do in the last hour that we 13 have been waitin g on in r e vi e win g , Mr. B ell ?
14 A I went over to my o f fi c e , pulled the 15 correspondence fil e that I maintain, and Ron and I 16 looked at documents that we had.
17 Q Did you find any d o c um ent s in there ?
18 A It is full of documents.
19 Q Did you find any d o c ume nt s r e g a r di ng your 20 p a r ti c ip a ti o n in r e s pon ding to Int e r ro g a to ri e s 23 and 21 257 22 A 33, 3ty, 23 O None whatsoever?
24 A There were some d ocu ment s that I provide 1 25 a status report to my supe rvision lis tin g th e documents EVELYN BERGER ASSOCIATES. STENOTYPE REPCRTih3 SERvlCE. CMARLOTTE, NORTM CAROUNA
v-3 311 - Dirset 54 I that had been provided for 'mayb e possibly 22 and 25.
2 Q T we nt y-th r e o and T w enty -fi ve ?
3 A T we nt y- thr e e an d T went y-five.
4 O Did you b rin g that document with you?
5 A N o, sir; nothing other than the status 6 report which you have obtained.
7 Q What is that status report da te d ?
8 A I don't know.
9 Q Did your r e vi e w of tho s e document s, 10 including the status report or other memorandum.
U refresh your r e c olle c tion concerning your involvemen3 12 in r e vie win g or searching for additional d o c ume nt s 13 beyond thos e identified in the D e c e mb e r 31st Rsspons os 14 to Interrogatorie s ?
15 A W ould you repeat the du e s tio n ?
16 C Yes, sir; you just r e view e d your file s; 17 c o y ,,cg 7 18 A T ha t's correct.
19 C You spent an hour doing that a pp ro xi ma t e ly?
20 I didn't look at my watch when we walked A
91 over.
22 C You made a thorough r evie w, didn't you?
23 A We looked at the m.
24 C T ho r o ughly ?
" A Yes, sir.
EVELTN SERGER ASSOCIATES. STENOTYPE REPORTING SERVICE. CHARLOTTE. NORTH CAROUNA
ell - ;irect ~~>
4 1 G On the basis of thoroughly r e vi e win g your 2 file, has your r e c olle c tio n buon ref r a ahod in searchin g 3 for documencs b eyond tho s e identified in your initial 4 R e s pons e on C ont e ntio n S ir.: 7 5 A les.
6 Q Having refreshed your r e c o ll e c ti o n, descrlh e 7 your inv olv e m e n t in that search for documents.
8 A A gain.' m y inv olv e m e nt was that I c oo rdin a t ed 9 between legal and CA all those documents brought fort h 10 in c onas e tio n with In te r r og a t o rie s 23 and 23, and 11 brought them to legal.
12 Q Your e a rlie r answer was that you could not 13 r e c all whether or not you communicated with any 14 other Duke e mplo y e e s in order to obtain f u rthe r 15 documen ts ?
16 Can you r e c all now whethe r you did or not ?
17 MR. GI3 SON: O bj e c tio n to the f o rm; 18 I think he in di c a t e d he could not r e c all in 19 w ri tin g .
20 I think he t e s tifi ed he did work with 21 o the r e mplo y e e s , but he could not give you oo
~~
a li s t of tho s e.
23 Q Can you answer the que s tion ?
24 A As Mr. Gibson said--
25 ' :R .
. C I 3 '! O N : D ob, I'm obj e c tin g to EVELYN BERGER ASSOCIATES. STENOTYPE REPORTING SERVICE. CMARLOTTE. r40RTH CAROUNA
- ~ - - _
S oll - Direct , 56 1 the form not as being correct, I think he 2 was unable to id entify writin g s ; but your 3 que stion is more broad than that, your 4 paraphrase of his e a rli e r te s timony.
5 MR. GUILD: Can you answer the
, 6 que s tion ?
7 MR. GIBSON: He will answer it with 8 the caveat I have included or you can re-9 phra s e it.
10 ,
11 3Y MR. G UI L D :
12 Q You are under oath now.
13 A When I searched my flie s I looked to see 14 if there was documented evidence where I correspond ed 15 with other people, and I did not find any of that.
16 Q Having searched your file, did it refresh I 17 your r ecolle ction as to your involve ment ?
18 A Yes.
19 Q D e s crib e that involvement.
N A I coordinated between QA and le g al the i
21 documents that were brought to me or sent to me.
22 C Did you make an oral request for d o c u m e ~n t s ? -
1 23 A I pe r s o nally did not make the request. I 24 talked wi t h Wayne Henry, G. W. G rie r, L. R.
25 D avis on.
EVELYN SERGER ASSOC'ATES. STENOTYPE REPORTING SERVICE CHARLOTTE. NORTH CAROUNA
Bell - Direct 37 1 C A nd they did <vhatever was done?
2 A- Yea, air.
. 3 Q A nd we are back to where we were before 4 the break. You p ro vid e d those documents to legal?
5 A T ha t's corrsct.
6 Q How did they come to you? Did you refresh 7 you r r ecolle c tion to that que s tion ?
8 A I cannot go back and tell you each documsnt.
9 Q Now that you have refreshed your r e c o 11 e c -
10 tion and looked at your ill e close to an hour, I don't 11 mean document by do cum ent, sir; I want to kn ow, 12 just the qu e s tion g e n e r ally, how did these documents 13 come to you?
14 A F ro m either Wayne Henry, George G rie r 15 or i. . R. D a vi s on, to the best of my knowledge.
16 O None ca me to you from persons other than 17 those thr e e ?
18 A Not' that I can r e me mb e r.
[
(
19 Q Were you re spon sible for r e vie wing those 20 documents before you paa sed them on? 4 l 21 A N o, sir; I was not r e spon sible fo r reviewing 22 th e m, although most documents I road.
U Q Only out of curiosity; it wa s n't pa rt of you r 24 l
r e s po n sibility ?
25 It was not my r e s po ns ibilit y to read th em.
A kWELYN SERGER ASSOCIATES. STENOTYPE R4 PORTING SERVICE. CHARLOTTE. NORTM CAROUNA
\
B ell - Direct 58 1 Q You just passed on the ones that came to 2 you?
3 A T hat's correct.
4 Q A ll right, sir; I will show you another 5 document. This is da te d' 'M a r c h 25, and it is an :
I 6 A pplicant's Re sponse to Palmetto Alliance F ollow Up l 7 Interrogatories.
8 Do you recognise that document, sir?
9 A Yes, sir.
10 Q Did you assist in preparing Responses to t
11 that Int e r r o ga to r y c o nt aine d la that doc ument ?
12 A Yea, I did.
13 Q A ll right, sir; which answer did you assis t 14 in preparing or have any role in preparing?
I supe rvi s ed the d o c u m e n t's f rom which
~
15 A l 16 Number Six--
l 17 Q Contention Number Six or Ques tion Number 18 g g,9 19 A Que stion Number Six on C o nt e n tion Six.
20 All right, sir; what page does that appecr Q
21 on?
22 A On Pa ge 19.
23 Do your initials appear at the end of that l Q 24 response or anywhere on that document ?
t 25 l
A I don't know. I have not searched that enti re EVELYN SERGER ASSOCIATES. STENOTTPE REPORTING SERVICE. CHARLOTTE. NORTH CARouNA I
I .-
B ell - Direct 59 1 document. It does not appear behind Interrogatory 2 Six though.
l 3 c. Your te stimony is that you did participate 4 in preparing t h a t . r e sp o n s e ?
5 A I s u p pli e d them the inf o rma tio n f or that.
6 Q Did your role change any with respect to 7 the ea rli e r que s tion s ?
8 A N o, it does not.
9 Q Same role?
10 A Same role.
11 Q Are t.h e r e any other answers in which you 12
. had a role in that d oc um en t ?
13 A Number Eight.
14 Q Give me a page re fe r e nc e, if you will, M r.
15 Bell.
16 A Page 21, it starts.
17 Are you indicated as having pa r tici pa t e d in Q
18 responding to that Interrogatory? Do your initials l
19 l appear before that a r.s w e r ?
20 A My initials do not appear; there is a G-A-H ,
' 21
, possibly a typogra phical error.
t 22 so th at is possibly Q Your initials are G-H-B.
23 a typographical error?
24 A T ha t 's correct.
25 EVELYN SERGER ASSOCIATES. STENOTYPE REPORTING SERVICE. CHARLOTTE. NORTM C ARouMA l
-. -_ _ . _ . . . . . _ .t
i D oll . Diroct ,
60
. I c A ny o the r s ?
2 A Number Nine.
l 3 Q Your initials appear at that answer?
4 A No.
5 Q Do anybody's initials appear at that answer ?
l 6 3 go, l
f 7
Q All right, sir; are there any other s ?
8 A C onte ntio n Six was all I was involved with, 9
Q Thank you, let me see that, ple a s e. A ll to right, sir; Number Nine c all s for, ge ner ally s peakin g ,
II id e n tific atio n and productio n of d o c ume nt s as d e s c rib d 12 on Pa8e Twenty-two of this Response g e n e r a lly relatidg I3 to the subject of Catawba Welding Ins pe c to r complainus.
I4 W elding Ins pec tor Ta sk F.o r c e ; is that right ?
l 15 3 y,,,
t is Q What is the answe r that is set f o rth there "
II A "Documen ts responsive to this Interro gato ry I8 will be identified and made available fo r in s p e c tion I8 and c o p yin g by March 31st, '83."
20 sir; d e s c rib e your involvement Q A ll right, l'
j 91
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in identifying thos e document s and making the m i
22 a vail a bl e.
23 A If the re were any other do cu me nt s availabl e, l
~ o4
~
I was to send them ove r. That was my involvement.
25 You served simply as a courie r ?
Q l
l EVELYN SERGER ASSOCIATES. STENOTYPE REPOff71NG SERVICE. CHARLOTTE. NORTH CARouga
. s B oll - Direct 61 1 A T ha t's correct.
~
2 Q Were there other documents that were 3 identifie d ?
4 A I don't . re call.
5 Q Who was responsible for the sub s ta ntiv e 6 answer to Interrogatory Number Nine?
7 A' Le gal worked out the final response.
8 Q Who was responsible for actually id e n tif yin g 9 and producing thos e documents other than pe rf ormin g to the clerical performance that you have identified that 11 you pe rformed ?
12 A W ould you repeat your que s tion ?
i 13 Q Sure, who a c tu ally did what was de s c ribe d 14 in that toeponse?
15 A There again, it went back through our 16 management to find out if there were any other 17 documents.
18 O Who did it?
19 A It went back through Wayne Henry, George l
M G rier and L. R. D avi s on down through the chain.
21 O Do you know of any other persons who werer 1
22 responsible fo r answering that In t'e r r o g a t o r y ?
23 A O th e r than those three gentlemen and legal ,
24 no. I 25 Q Now, sir, work from that que s tion ba ck.
EVELYN SERGER ASSOCIATES. STENOTYPE REPORTING SERVICE. CHARLOTTE. NORTH CAROUN4
. B ell - Diroct ,
62 1 I want you to tell me any documents, describe any 2 documents that came to your attention, 'Mr. B ell, 3 that were not produced in R e spons e to 't h e Int e r ro ga to rieg 4 on C o nt entio n Six that called for the p r o d uc ti on of 5 documents. D o you f ollow me ?
6 MR. GIUSON: Excuse me, are you 7 limiting that que s tion as li mit e d by the 8 B oa rd 's Order, or are you saying broadly 9 on C o nt e n tion Six?
10 MR. G UIL D : Let's unde r s tand what 11 Mr. B ell's knowledge is fi r s t, C ouns el.
12 o f d o c u m e.n t s that were identified that were 13 responsive to the Int e r ro ga to rie s as asked l
14 that were not produced.
15 MR. GIBSON: I will allow hi m to 16 answer, but I will object as to anythin g 17 not within the Contention as it is now 18 narrowed by the Board.
1 19 THE W IT N E S S : C an you repeat the
- que s tion ?
21 22 GUILD:
BY MR.
23 Q D e s c rib e the documents identified to you.
24 sir. Iam interested in the documents that were 25 id en tifie d but not produced. What document s came to
.mra . .. ...ociar... .r.~om. awo.mmo avic.. cuaatorr.. onra c4=ou=4 l
n 6 .
B ell - Direct 63 1 your attention, Mr. Bell, in response fir s t to the 2 Interrogatory Nine and F ollow Up Interro gatorie s ?
3 A If the documents came to me, th e y were 4 reproduced and sent to legal.
5 Q My que stion is wh a t" d o c u m e n t's were 6 identified but not produced for Palmetto Allianc e ?
7 A I don't know of any.
8 Q Y ou just don't know?
9 MR. GIBSON: I think his response 10 was "I d on ' t know of any."
11 12 BY MR. G UI LD :
13 Q Is your answer there were none or that 14 you don't know of any?
15 A There were none brought to my a tt e n tio n 16 that we r e discard ed, no.
17 Q Speak cleare r; I think I understand your 1
18 answer, but so I don't misinterpret it, are you sayin g 19 there were no documents brought to your a t t e ntion 20 that were not made available to Palmetto Allianc e ?
21 A T ha t's correct.
22 O Now let's go back, a n t! I would like to ask 23 the same gene ral que stion with respect to the other 24 Interrogatorier that we have talked about that 25 id e n ti fie d documents.
I EvstvN acRoan associaTas. sTENOTTPE REPOKMNO SERVICE. CMARLOTTM. NORTH CAROUNA l
3 o,1 1 - Direct 66 1 L e t 's turn to I show you again the 2 February 28 R e s po'n s e there be ginnin g at Page 29,
. 3 w hi c h is a Response to Int e r ro gato rie s 23 and 2. 5 ,
4 Mr. Bell.
5 It e x t s n' d s through Page 43. T ell me, air o 6 are there any documents made known to you but to 7 your kn o wle d g e were not produced for in s pe c tion by 8 Palme tto Allia nc e ?
9 MR. GIBSON: Are you s a yi ng other 10 than what is lis t e d there as objected to ?
11 I am t r yin g to understand the s.c o p e of m
12 your qu e s tion, Mr. G uild.
13 MR. GUILD: I will repeat it, if you 14 would li k e . The que s tion is in the same 15 fashion as the way he answered the fi r s t 16 Interrogatory, are there any d oc um ent s l
17 3 ell, l i d e n ti fi e d to you, M r. that w e r'e not i
18 produced for ins pe c tio n a' n d copying by l
19 Palme tto Allia nc e ?
20 THE W IT N E S S : No.
l l 21 l
" GY MR. G UI L D :
23 Q Now, sir, I show you the D e c e mb er 31st 24 answer, and if you will direct your a t t e n tion to the M answer to In te r r o g a t orie s 23 and 25 that appear at EVELYN MERGER ASSOCIATES. STENOTYPE REPORTING SERVICE. CMARLOTTE. NORTM CARGLifwA
o ,
d oll - Diroct 63 1 Page 41 ,o r thereabouts, and if you would answer the 2 same qu e s tion, Mr. B ell ?
3 A No.
4 C All right, sir; thank you. How long have 5 you been in your present p o s ition w i t h D u k e P o w ~e r ,
6 M r. O ell ?
7 A As a Senior QA S pe cialis t. I have been 8 since la s t November; but I am s till in the s a me job 9 I have been in since June of 1980, 10 Q A side f rom your role in t ran s mit ting docu-11 ments, have you had any in volv e m e nt in the s o - callect 12 C atawba Welding Inspector incident s ?
13 .1 No, sir.
14 C Have you performed any f u nc tio n in 15 in v e s tig atin g d eficie ncie s in C u ali t y Assurance at 16 C atawha ?
17 A No, sir.
18 Q Who do you work for, Mr. D ell ?
19 A I report dir ec tly to T. C. R obe r ta , who 20 in turn re po rt s to %. O. Henry.
21 Q What is M r. Roberts' job?
22 A CA Supervisor, Design S e c tio n.
23 C W ha t did you do before you were a QA 24 S pe cialia t ?
25 A I worked in the Guality A s suranc e Vendor EVELYN SERGER ASSOCIATES. STENoTYPE REPORTING SERVICE. CHARLOTTE. NORTH CAROUNA
e a .
u ell - Direct . 65
'l Division e valuatin g vendors.
2 . C Before that?
3' . A I worked in Retail O p e r a tio n s .
4 O Before that?
5 A I worked with Strobel Oil C o m p a n y.
6 Q W hen did you join Duke Power Company?
7 A February, 1971.
8 Q. Have you ever worked at the Catawba 9 S ta tio n ?
10 A No.
11 O Where are the documents thst you have 12 , Jd entified and produc ed in Response to Palmetto 13 A lli a n c e Inte r ro ga to rie s and R e s pon s e s on Contention 14 31x now maintained ?
15 A They are over here on this cart 16 (indicating).
17 Q They are in this room today ?
18 A y,,,
l 19 Q Where are they maintained other than for 1
20 purposes of this D e po sition ? Where are they kept ?
21 A I possibly have a copy of e v e r ythin g that 22 came over here in my of fic e.
23 Q The s p e cifi c set of co pie s th a t are here 24 to da y, where are they no rm ally kept?
25 A Dif f e r ent lo c a tio n s .
EVELYN BENGEA ASSOCIATES. STENOTYPE REPORTING SERVICE CMAEILOTTE NORTN CAROUNA l
r -- s e .
D oll - Direct 67 P
1 Q Vhere will chsy be returned afte.r today's 2 % he re did the cart come f rom and where D e po sition ?
3 is it going back to ?
4 A in Ron Gibson's of fic e.
5 C a ll right, sir; let me h'a va a b o u t two minute s 6 I am interested, at s ome point, hers. Li t . TJell, in 7 c.;, f who reports to whom and how g e t tin g a cisa r idea 8 the Q u a lit y a s su ranc e Department and Program for 8 Duke Power Company as it relates to Duke Power is 10 organized.
II
. You wo rk with the Quality Assurance Depar t.
19
~
ment; do you sot?
I3 A T ha t's correct.
I4 Q Are you f a milia r with the o r g a ni c a tio nal 15 structure in the G u ali t y in s a u r a n c e Department ?
16 3 7,,,
17 C I want to go very quic kly through the list 18 of peopts who have been n o tifie d for th e t a kin g of I9 to tr y their D e po si tio n s ; and I would li k e , if you can, oo to help me unde r s ta nd who is in this structure.
21 Guild, I object MR. GIDSON: Mr.
I on because I think this is basic Di=covery and 93
~
not co n te m pla t e d by the Board's Order.
94 I will e.11 o w hi m to answer, b ut we -
25 have noted our obj ec tio n.
e EbELYN SERGER ASSOCIATES. STENOTYPE REPORTING SERvlCE. CHARLOTTE. NORTH CAROUNA
c B oll - Diroct 68 1 MR.* GUILD: A ll right, 2
3 BY MR. GUILD:
4 Q T hi s was the. schedule prepare.d by your 5 C oun s el or someone else. T ell' me who reports to 6 whom and how the department is structured.
7 You are fir s t on the list, and you have 8 told me who you report to. Next on the li s t is whom ?
9 A G ail A d di s .
10 Q Does Miss A ddis work in the Q u a li t y 11 Assurance Department?
12 A N o.
13 Q W ho is af ter her on the li s t ?
14 A J. C. Rogers.
15 Q Is he the former Project Manager at 16 C atawba ?
17 A He is the Project Manager at C atawb a.
18
- Q Pre s ently ?
i l 19 A Right.
1 l
20 A nd next?
j Q l 21 A D. G. Beam.
22 Q Former Proj ec t Mana ge r at Catawba ?
23 A Yee.
i l
~
24 Q Next?
l D A David A be rnathy.
EVELYN SERGER ASSOCIATES.16TENOTYPE REPorrtNG SERvtCE, CHARLOTTE. NORTM CAROUNA
. . - . , _ - . . . _ . _ . - . . , - - , - ~ . _ , ,. - , , , . , , , , , . - , _ , - - , , , , - - - - _ _ . . . - - . , . . . - - . - , - . . ,-
T e .
C ell - Diroot 69 1, O Who is he?
2 A I don't know him, he doe s n't work in the 3 QA Department.
. 4 Q Next to hi m is a name that han been 5 scratched out. .
6 A G. E. Gordon. I think: I don't know him 7 p e r s o nally. I think he works in C on s t ruc tion.
8 Q Next on the li s t ?
9 A C. N. Alexander.
s 10 Q Who is he?
11 A QA Manager of A d minis tr ative S e rvic e s ,
12 He reports to G. W. G ri e r .
13 Q W ho is Mr. Grie r ?
14 A C o r po r a t e .QA Mana ger.
15 Q Next on the list ?
16 A R. L. Dick.
17 O M r. Dick works in Quality A s sur anc e ?
18 A No, sir.
19 Q la he in C on s t ru ction ?
M A Yes, sir.
21 Q Vice Pr e sident ?
22 A y...
M Q Next on the lis t ?
24 A W. O. Henry, QA Mana ger, T e chnic al 3 S e r vic e s : reports to G. W. G rie r.
EVELYN SERGER AWA.IATUS. STSNOTYPE REPORTING SERVICE. CHARLOTTE. NORTM CAROLINA l 1
a all - Direct 70 1 O He and Mr. Alexander are on the same leve l
~
2 on the organizational chart, if we we re to chart their 3 reporting, both di r e c tly 'un d e r M r. G ri e r ?
4 A Yes, s i'r .
l 5 Q 'Next on the li s t ?
6 A A. E. Allum. I don't know who he reports 7 to. He is Site P e r s onnel.
8 O Is he in the Quality A s s uranc e D epar tment ?
9 A I think he is, yes.
10 Q He works at Catawba ?
11 A Yes.
12 O He is in charge of per so nn el at the site ?
13 A I cannot tell you his job.
14 O He does some work in the personnel area 15 of Quality A ssurance at the site ?
16 A 1 don't know, sir.
17 Q C. R. B ald win,,
who is he?
18 A 1 don't know his job ti tl e .
19 Q Is he in the Quality Asrurance D e pa r tment l
N as far as you know?
! 21 A Yes.
I
- i. 22 Q Next?
l 23 A L. R D a vi s on.
i I 24 O Who is Mr. Davison?
25 A CA Manager of P roj a ct.
! .mv .. .. noci.1... .r.~onn ===~o n ac.. c~4=m. ~oam ciaou~a I
~
B oll - Diroct 71 1
o who doe s he report to ?
2 A He re po rt s to G. W. G rie r.
3 Q A ll right, if we we re .goin g to ' chart him 4 o r g anisa ti on ally, would he be on the same o r ga ni-5 Henry and M r. Alexander ?
sational level as Mr.
6 A (The Witne s s nodded his head a f fi r ma tiv ely. )
7 Q Y ou r answer was Mr. D a vi s o n is on the 8 reporting to same level a s M r. Henry and. Alexander, 9
Mr. G rier ?
10 A T hat 's right.
11 Q A nd next?
12 y,, g,g,,,
3 13 Q C or po ra te Quality A s suranc e Manager ?
14 A C o r r e c t.
15 Q C on tinue.
16 A J. C. Shropshire, he works in the Q ua lit y 17 Assurance Department also.
18 Q W ha t is his job?
19 A I don't know his exact titie.
8 O Is he at C a tawba S ta tion ?
9~1 A Yes.
" Q Next on the list?
23 A W. H. B r adle y.
94
~
Q Who is Mr. B ra dle y ?
25 3 g, m not sure of his exact title, he re po rt s EveLYN BERGER ASSOCIATES. BTENOTYPE REPORTING SERVICE. CHARLOTTE. NORTM CAROUNA
3 o11 - D i r 'o c t 72 i~
- )
I to Mr. G. W. G ri g r' a l s o . I 2 O W ha t does he do if you don't know his 3 ei gg . 7 4 A He was formerly the QA M anager of 5
A d mini s t r a tiv e S e r vi c e s , but I think he is Staff with l
6 M r. C ri a r.
7 Q An assistant to M r. G rie r perhaps?
8 A I don't know his exact job title.
9 Q Next ?
10 A W. H. Owen.
11 Q What is M r. Owen's job ?
12 A Senior Executive Vice Pre sid e n t.
13 Q Not for Quality A s suranc e, he is not in th e 14 QA Department ?
15 A No.
16 O N e.i t on the li s t ?
17 A R. A. M o rg an.
18 Q W ho is Mr. M or ga n ?
19 A Senior QA E n gin ee r, C a tawb a site.
20 Q Who would M r. Morgan report to, if you 21 know?
U A He re po rt s t o L. R. D avis on.
93
~
Q A ll right, sir; next?
4 A
W. S. Lee. '
" Q M r. Lee is C h *l rma n of Duke Powar?
EVE (TM EERGER ASSOCIATES. STENOTYPE REPORTING SERWCE. CHARLOTTE. NORTM CAROUNA
2 6 D oll -
Direct. C r os s 73 1 A
- Yes. .
~
2 Q Who is the Senior QA person at the C a' t a w b a 3 . site, if you .know ?
4 A L.. R. D avis on.
5 Q Is Mr. D a vi s o n pr e s e n tly responsible for 6 work othe r than at the C at awba site?
7 A I don't know his s pe cific r e s po n s ibili ti e s .
8 MR. GUILD: A ll right, Mr. Eell;
- 9. thank you very much. That is all the 10 qu e s tion s I have.
11 MR. GIBSON: I have one qu e sti o n, 12 Mr. Bell.
13 14 CROSS E X A MIN A TIO N 15 BY MR. GIBSON:
16 Q Are you aware of a nythin g that would caus o 17 you concern, that wo uld cause you to que stion whethe r 18 the C atawba Plant is safely bu ilt ?
l l
19 A N o, sir.
20 MR. GIBSON: A nyt hing further, Mr.
21 Guild ?
22 MR. G UILD : That is all for Mr. B ell 23 at this tim e . We are reserving our rights l 24 under the disputed que s tion s that we have.
! 25 EVELYN SERGER ASSOCIATES, STENOTYPE REPORTING SERVICE. CHARLOTTE. NORTM CAROUNA
74
.- 1 I, Glenn H. Bell, he reby certif y that 2 I h. re read and understand'the f o re goin g trans c ript 3 and beleve it to be a true, accurate and complete 4 transcript of my testimony.
5 ,
6 7 Glenn H. B ell 8
9 This D e po s itio n was signed in my 10 presence by Glenn H. Bell on the day of July, j
11
'1983. .
12 13
^
14 Notary P u blic 15 l
C E R T I T I C A T E 17 STATE OF NORTH C AR O LIN A 1
18 COUNTY OF M EC K LE N BU RG 19 1 Lynn 3 G illia m, do hereby c e rtif y 20 that the proceedings were by me reduced to machine 21 s ho rtha nd in the presence of the Witne s s, af t e r wa rd s -
22 transcribed upon a typewriter under my dir ec tio n 23 and that the foregoing is a true and correct transcript l
24 of the proceedings.
25 I further c e r tif y that these proceedia:Is l
evatva sanoen assocarcs. stauorven nerontmo senvics. cx*=torra. uontw caaouun l
l .- -
~ , . ,
' 75 I were 't a k e n at the time and pla c e in the foregoing 2 c a p tio n s p e cifie d. -
3 I further certify that I am not a 4 r ela ti ve. C oun s el or Attorney for either Party or 5 othe r wis e interested in the outcome of this a c ti on.
6 IN . WIT NES S WHEREOF. I have here-7 unto set rn y hand at C ha rlo tt e, North C a r olina, on 8 this the . day of July, 1983.
~
9 10 11 LYNN D. GIL LIA M 12 Court Reporter r .
13 14 15 16 17 18 19 20 21 22 23 24 1988.
My C o m mi s s io n ex pire s May 12 25 EVELYN SERGER ASSOCIATES. STENOTYPE REPORTING SERV 1CE. CHARLOTTE. NORTM CAROUNA