ML20077G007

Prefiled Testimony of Tj Mchenry.* W/Certificate of Svc. Related Correspondence

ML20077G007
Person / Time
Site:	Vogtle
Issue date:	07/16/1990
From:	Mchenry T AFFILIATION NOT ASSIGNED
To:
Shared Package
ML20077F984	List: ML20077F981 ML20077F990 ML20077F998 ML20077G002 ML20077G007
References
OLA-3, NUDOCS 9412160150
Download: ML20077G007 (15)

Text

., .

l PREFILED TESTIMONY OF 1

THOMAS J. McHENRY  :

9412160150 9417.05 PDR ADOCK 05000424 Q pan

AFFADAVIT QE r

4 TH0HAS d. MCHENRY The following facts are true and correct to the best of my ,

l knowledge:

1. My name is Tnomas J. McHenry and I reside at 3580 Garrards Crossing in Roswell, Georgia. I am employed by the Institute of Nuclear Power Operations (INPO) in Atlanta, Georgia.

. 2. After serving in the U. S. Navy, I'was employed in ,

September, 1972, b/ Alabama Power Company at the Farley Nuclear Power Plant where I served in various positions including Assistant Operations Supervisor. In February, 1978, I went to work for the U.

S. Nuclear Regulatory Commission as Reactor Operations Project Inspector. In February, 1980, I joined the Institute of Nuclear Power Operations in the Evaluation and Assistance Division. Over the next ,

five years, I held the positions of Manager, Evaluation Support; Assistant to the Vice President-Operations; Assistant to the Executive Vice President; Assistant to the President; and Assistant to the President and Secretary of the Corporation.

3. In 1985, I was employed by Georgia Power Company as Manager.

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I Nuclear Support, reporting to the Senior Vice President - Nuclear Operations. In 1987 I was requested to serve as Georgia Power's representative on a Task Force to investigate further the establishment of a system-wide, Southern Nuclear Operating Company (Phase II). In accepting this assignment, I was offered a job rotation with Mr. M. B. Hobby, Assistant to the President and Assistant to the Senior Executive Vice President. I became, temporarily, Assistant to the Senior Executive Vice President and Mr.

Hobby became, temporarily, Manager, Nuclear Support.

4. While serving on the Task Force, I reported to Mr. R. P.

Mcdonald, Senior Vice President of Alabama Power. When Mr. Mcdonald was named Executive Vice President of Georgia Power Company in April, 1988, and Mr. George Hairston, Vice President of Alabama Power Company, was named Senior Vice President of Georgia Power Company in May, 1988, I returned to Atlanta and became Assistant to tl Executive Vice President and Assistant to the Senior Vice President.

5. In November, 1988, I returned to the Institute of Nuclear Power Operations as Assistant to the Vice President -

Administration. I was subsequently promoted to Manager. Industry and Government Relations.

6. While at Georgia Power, I was acquainted with Messrs. Gary Yanker and John Fuchko and knew, in detail, some of the problems they were having at the Company. I also became aware that Messrs. Yunker and Fuchko had filed a lawsuit against the Company with the U. S.

Department of Labor. In fact, I was contacted by Georgia Power Company and was asked to be a witness for the Company in this

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matter.

7. On January 3, 1989, I received a telephone call from Mr.

Marvin Hobby in which he relayed to me.that the Company had held a session on January 2, 1989, to prepare for the upcoming trial in the Yunker-Fuchko case. He questioned why I had not attended the meeting.

8. He informed me that the attorneys had passed out a discussion paper at the meeting in which it was suggested that he (Mr. Hobby) had attempted to terminate Mr. Fuchko and Mr. Yunker in August, 1988. Mr. Hobby stated that he took exception to the statement and explained to the entire group that when Mr. Mcdonald had become Executive Vice President of Georgia Power in April, 1988. Mr. Mcdonald had changed the oversight role of the nuclear l l

corporate organization. He stated that he informed the group that during the period April - June, 1988, the corporate nuclear security group's role changed so drastically that Mr. Hobby had no meaningful work for Mr. Fuchko and Mr. Yunker. Mr. Hobby said he stated to the group that during the period April - June, he had made the recommendation to Mr. Mcdonald on several occasions that the Company should find meaningful work for Mr. Fuchko and Mr. l l

Yunker in Nuclear Operations, transfer them to other areas of the l Company, or outplace them. Mr. Hobby stated that he informed the group that he could not have attempted to terminate Mr. Fuchko and Mr. Yunker in August, 1988, because they did not report to him at ,

1 that time.

9. Mr. Hobby stated to me that the attorneys asked him why he didn't terminate Messrs. Fuchko and Yunker earlier. Mr. Hobby told me he told the attorneys that Mr. Mcdonald would not let him.

10. Mr. Hobby said to me that Mr. Mcdonald said in the meeting 1

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'that.that was.not true and that he had never had a conversation with Mr. Hobby on the subject of terminating Messrs. Fuchko and Yunker. Mr. Hobby asked me what my recollection of the facts was, j

11. I was very surprised by.what Mr. Hobby said to me. I personally sat in at least one meeting, possibly others, in which Mr. Hobby' discussed with Mr. Mcdonald the fact that, with the changed emphasis in Corporate's oversight role, he had no real job for Mr. Fuchko and Mr. Yunker. I personally sat in one or more meetings in which Mr. Hobby asked permission from Mr. Mcdonald'to either seek other jobs for Messrs. Fuchko and Yunker in Nuclear Operations, to seek jobs for them in other organizations within Georgia Power Company, or to terminate them. Mr. Mcdonald refused to allow Mr. Hobby to take any personnel action with regard to Messrs. Fuchko and Yunker. I relayed th's recollection to Mr.

Hobby.

~12. Mr. Hobby stated to me that Mr. Mcdonald discussed at the meeting how people were selected for the SONOPCO Project. In essence, Mr. Hobby' stated that Mr. Mcdonald told the group assembled that management picked the Vice Presidents, then the Vice Presidents picked the General Managers, then the General Managers picked their own Managers, then the Managers picked their Supervisors, etc. Mr. Hobby described it to me that each level of management picked'the next lower level of management - - from top to bottom.

13. I could not believe what Mr. Hobby was stating. I know that, for the Hatch and Vogtle Corporate Support Groups, the m

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decisions as to staffing were made by Messrs. George Hairston, Tom Deckham, and Ken McCoy. They met for two days at the 270 Peachtree Street Building, took an organisation chart, and filled in names from the top of the organization to the bottom. I know this because I was invited to sit in on one of these sessions when none of the people involved knew the individuals being considered. Since I participated in the selection of the people for the SONOPCO Project, I know what Mr. Hobby had relayed to me as Mr. Mcdonald's explanation was inaccurate.

14. Mr. Hobby stated to me that, at the conclusion of this planning meeting, an attorney from Troutman/ Sanders had told him that his explanation of trying to terminate Messrs. Fuchko and Yunker in the April - June, 1988 time period did not square with Mr. Mcdonald's recollection and that the Company had a problem with this conflict in testimony. Mr. Hobby told me that he told the attorney that the Company had bigger problems in that Mr. Mcdonald's statements related to the selection of personnel were incorrect. Mr. Hobby said he explained _the discrepancies to the attorney and the attorney responded that he would listen to what Mr. Mcdonald said on the stand so that Mr. Hobby could change his testimony to agree with Mr. Mcdonald's. Mr. Hobby said he refused.

15. Mr. Hobby stated to me one of the reasons he called me was to check his recollection of the facts. He said he was very worried that his testimony would conflict with that of senior management of the Company and he wanted to make absolutely sure that his recollection of the facts was correct. The second, he said, was that I was scheduled to appear as a witness for Georgia Power and Mr. Hobby wanted me to know that I could be placed in the position of contradicting Mr. Mcdonald on two possibly major points.

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16. I replied to Mr. Hobby that I didn't want to know what Mr.

Mcdonald said on the stand. I told him I was going to tell the truth period - - regardless of what anyone else testified to.

17. I was never called as a witness so I do not know if the Company ever resolved the conflicts in testimony.

18. I make the foregoing statements under the paia and penalties of perjury.

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Thomas J. Henry Atlanta, Georgia July 16, 1990 4

Signed before me this the /b day of July, 1990:

b Notary Pubbc Forsyth County. Georgia My Commission Espues Sept.13.19%

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u AFFIDAVIT OF THOMAS J. McHENRY

1. I am currently: employed by the Institute of Nuclear Power Operations ("INPO").

My business address is 1100 Circle 75 Parkway N.W., Suite 1500, Atlanta, Georgia,

.. 30339. I have held this position since November 1988. Previously, I was employed by Georgia Power Company ("GPC") as the Manager, Nuclear Support. j

2. I am of the age for majority. This affidavit is based on my personal knowledge, and the facts cor.tained herein are true and correct to the best of my knowledge.

3. I was recently informed that Georgia Power Company's response to the U.S.

Department of Labor (in the case regarding Marvin B. Hobby) indicated that my affidavit and testimony should be discounted because I was rejected for a position in the nuclear operations organization (the SONOPCO Project). This statement by Georgia Power Company is not only false, but also is exactly opposite from the facts in this matter.

4. During my employment with Georgia Power Company I held a position of considerable responsibility. I was a dedicated and loyal employee, and I am still held in high regard by Georgia Power and Southern Company executives.

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5. I served a key role as Georgia Power Company's sole representative on a five person task force that developed the implementation plan for forming a separate nuclear operating company.

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6. I was offered the position of General Manager Nuclear Support in the SONOPCO

. Project. This pffer was extended to me by W. G. Hairston, then Senior Vice President Nuclear Operation at both Georgia Power Company and Alabama Power Company. At,tachment 1 is a copy of my Job Offer Notification for the SONOPCO Project. As indicated on the offer, a substantial increase in responsibility and salary was involved.

7. Also indicated on the Job Offer Notification is my decline of the offer. The offer was declined by me due to my desire to remain in Atlanta, Georgia, and to not relocate to Birmingham, Alabama (the office location for the SONOPCO Project).  !

8. During the transition to the nuclear operating organization I was involved in the selection of personnel to fill positions in the new organization, including the h processing ofjob offers and non-job offers to Georgia Power company personnel. I Based on my personal knowledge of the selection and job offer process for the SONOPCO Project (excluding the officers who had been previously established), ,

the attached job offer was the best offer made to any Georgia Power Company employee in the transition to the SONOPCO Project. ,

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9. The facts stated in this affidavit disprove any claim that I was rejected for a position at SONOPCO.

ATTACHMENT 1: Job Offer Notification, SONOPCO Project FURTHER AFFiru, s'SAYS NOT.

.n. __ -- /

., THOQ1cHENRY /

Sworn to and subscribed before me this M day of @ ,1992.

k.W NOTARY PUBIC

. . .- 4M %'4 My Commission Expires: ,. n cO1194 i

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JOB 0FFER NOTIFICATION "W

SONOPCO PROJt.GI ,

Name: (_. GMY> * *

/

New Job

Title:

bene t zk bGeJ 25e c kj orde2/ bepper h hyfC /j G'uAM Compani/ Location:

Salary: ,

Promotion 9 3 pe/ tw oad k  % c- 7 G I9 pes Yew '

Lateral (5%) OR (10% Lump Sum)

Tentative Effective Date: 'f b1 3(($('k Offer Date: f/30/8 S C0itiENTS: Pro e oh. .J

[o93 oce % k Mew 6ese rde;76/*l D "d C.~g. 2 d.o ,

[ 10.d. !! &

Company Reprs. ...cative Status: '

Offer Accepted Yes 1 No .

Date: /o/ t./g 6 Rev. O i

Gw;A PowEg n 1988 FRO *cIIONAL QUOTE SEIIT iams_ hc. e .a 6 , . 3 "

Proposed Date of Promotion ,

$W / Quote Requested By (erit Account L8 0 /

/

I.' Promotional information 1988 Job Conpa-Classification Midooint Points Rate Ratio

.evel EIS Humber

- Suord s NIF Proposed- h $ I2 ed. 81s [ h0C. Ix .

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es hg/ but es s (upph $ f hhbg bkh ,

Present- ~ .

. Promotional Matrix s 22 -

I Change . 1 Incraase

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. Job Point Difference 2  :

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14.50 - 23.49 8:

3.50 - 35.49 to: Promotional Matrix /O  :

35.5o & up 1:t I iccrued Merit Infor=ation B. Acc unt Funding Factor

• . Date of Last Salary Action N.=::b er o f Mo s . to Prop. Pro =. Funded (Factor x Pres.

Rate)

Last Perf or=ance Evaluation Level Accrued Merit Available Percent Increase (from Salary Guide chart using Merit Acet. Debit or Credit C.R. and perfor=ance rating)

Calcula: ion of Anount s G92.G Present Race

+ Pro =ocional Amount (from I above)

+ 12 I 6- O Accrued Merit Pres. Rate I

Sa.1. Guide Mos. of Accr.uti (Compa-Ratio: S t S = C.R.)

S Proposed New Este

• • Adjusted New Rate (A= cunt Adjusted: $ Reason Adjusted:

• • Adj ustments 1 New rate above performance evaluation

[sq g g . ( O c_ (o.,p 'Z,G

.2 Ncv rate below ~4"4-= Q q y 4 fg ~ 7 b l 3 ~d 3 ] o[d .

3 Insufficient funding Ow m de By: Re= arks:.

7crAfLed By:

3sts:.

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. , . - . ~ = -.. . - . - . - . .- .. -. .

INTERNAL TRANSMTTTAL FORM RE00ESTED RY: G. Hairston E X,T:

From To NAME: AA c ()edh/ 1. COMPANY:

N o c ( o,- ' bvppo<h '

CURRENT JOB TITLE:

G-w e 21 MSty2 <: e ,

' l OS 6" CURRENT JOB POINTS: '

-* CURRENT MON'THLY SALA 8.Y: di9 26,06 ,

' ' ' ' ' ' ^

'* EACAKXXERRE C IXEXBAIE: '

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. . . i IF YES, WAS SALARY REDUCE 0: YES NO DEMOTION: YES ' NO Performance Rating IF NO, POINT 1T. iTEL FRGi~WHICM EMPLOYEE DEMOTED:

PROPOSED JOB TITLE: h ea e8t! MMu b u .fe.9 c de ($0 *S$IS NEW AUTHORIZATION NO:

STAFFING EFFECTIVE DATE:

PROPOSED JOB POINTS:

l h NEW DEPARTHENT NO:

SONOPCO SALARY: )b Ih -

JOB RATE RANGE:(.p 3 0 \ - 1 T l G - 9 9 5 !

PROPOSED CR: $ 1 Yo DATE NEXT MERIT REVIEW: / ,l Yh .

NOTES: (Geographic Relocation Information, etc.)

) p rorw o T o d Prepared byY.

. Verified by:

Date:

SYSTEM CONTACTS:

SCS: Mike McGinnis, 8-821-7591 GPCo: Greg Huddleston, 8-526-6074 Ron Henderson, 8-526-6110

{ ]

IIElATED CORRESPONDENCE i

DOCKETED October 13, 1994USNRC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 94 DEC -5 P4 :11 ATOMIC SAFETY AND LICENSING BOARD OFFICE OF 5ECRETARY In the Matter of ) DOCKET fjlj j';EavtC!

) Docket Nos. 50-424-OLA-3 GEORGIA POWER COMPANY ) 50-425-OLA-3 gt;, a l . , )

) Re: License Amendment (Vogtle Electric Generating ) (transfer to Southern Nuclear)

Plant, Unit 1 and Unit 2) )

) ASLBP No. 93-671-01-OLA-3 CERTIFICATE OF SERVICE I hereby certify that INTERVENOR'S PREFILED TESTIMONY OF ALLEN L. MOSBAUGH; MARVIN B. HOBBY; MICHAEL D. BARKER; AND THOMAS J. McHENRY was served on persons via first class mail (or by hand-delivery if designated by "*") upon the persons identified in the attached list, this 5th day of December, 1994.

By:

Michael D. Kohn KOHN, KOHN & COLAPINTO, P.C.

517 Florida Ave., N.W.

Washington, D.C. 20001 (202) 234-4663 C:\ FILES \301\ CERT.TST l

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I UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD

)

In the Matter of )

) Docket Nos. 50-424-OLA-3 GEORGIA POWER COMPANY ) 50-425-OLA-3 gt i, )

) Re: License Amendment (Vogtle Electric Generating ) (transfer to Southern Nuclear)

Plant, Unit 1 and Unit 2) )

) ASLBP No. 93-671-01-OLA-3 SERVICE LIST

• Administrative Judge Administrative Judge Peter B. Bloch, Chair James H. Carpenter Atomic Safety and Licensing Board 933 Green Point Drive U.S. Nuclear Regulatory Commission Oyster Point Washington, D.C. 20555 Sunset Beach, NC 28468

• Administrative Judge

• Charles A. Barth, Esq.

Thomas D. Murphy Office of General Counsel Atomic Safety and Licensing Board U.S. N.R.C U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Washington, D.C. 20555 John Lamberski, Esq.

• Ernest L. Blake, Jr.

Troutman Sanders David R. Lewis Suite 5200 SHAW, PITTMAN, POTTS &

600 Peachtree Street, N.E. TROWBRIDGE Atlanta, GA 30308-2216 2300 N Street, N.W.

Washington, D.C. 20037

• Office of the Secretary Attn: Docketing and Service U.S. Nuclear Regulatory Commission Washington, D.C. 20555

• Office of Commission Appellate Adjudication U.S. Nuclear Regulatory Commission Washington, D.C. 20555 301\ Cert.Lst