ML20090H346

Transcript of Jl Donnell 831015 Deposition in Las Vegas,Nv Re Alleged Violation of ASLB Order

ML20090H346
Person / Time
Site:	Midland
Issue date:	10/15/1983
From:	Donnell J CONSUMERS ENERGY CO. (FORMERLY CONSUMERS POWER CO.), SCIENCE APPLICATIONS INTERNATIONAL CORP. (FORMERLY
To:
Shared Package
ML20090H342	List: ML20090H340 ML20090H346
References
ISSUANCES-OL, ISSUANCES-OM, NUDOCS 8310280078
Download: ML20090H346 (114)

Text

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14 O E P O S I'2 I O ?J 3F 3 0 H i4 L. D 09 :4 E L L 15 'fiken on Saturday, October 15, 193' 1G A t. ten a ' c l o c 's . .a .

17 At 333 N. Rancho Drivo, S t. e . 33~

13 Las Vejas, '4 vada 19 j

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Ishan, Lincoln & Bealc 1 1120 C o n n e c t. i c u t Avenue,- :' . u 3 .1 1 t b 340 4 Wa a tii ng t o n , D.C. 2003' 5 For the Conlumers .1 A.3 E 3 d. 3 RUNNER, ESQ.

P o ts t: r Company: 213 W. Michigan Avenua 1 .T a c ;i.s o n , -'41 : h i g a n 49201.

. 7 For.ths Nuclear. '3 AT il S N S .\ . WRIGilf, E i; ;} .

acquiatory.C6anission: .luclear Regulatory C o n n i s'; i a n 3 w., s h i n g t o n , 0 . . 20555 2 01 - 4 'J 2 ~ 4 4 3 Also Present: J . rt . L a l11 v i e r e i

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12 I N D 8 X Y

l' 3 Witness Direct Cross Rod. Rec.

14 John L Do r. n c i l

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15 (By Mr. 'v i l l i a n s )

1G (df Ms. W r l'g h t ) 9 ')

17 1S E X  !! I ii .I T C i 10 AppliJ.gt al u :n b o r Dener!ption E22

,- 20 No. 1 Order Issuing fiubpoena >2ces t e c u:a .i 1

21 No.  ? Investigation naport 20 12-C3 Investigation !ia p o r t ,! 9 l~

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23 :J o . 4 Stop Work ordar 74

, _24 'J o . . 5- 4-10-8? Le rter, Millar to 9.,v i s 7e

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25 :10 . '. 5-29-32 meno, Hcrbour to Bird,

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1 Thecoupon--

2 I O ,1:4 L . DONNELL,

' ass-enlled as , witnasa by the - applica n t , a n ri havinq

4 bcen first duly sworn tentified 's Tollous.

5 DIRECT E X A M I N A T I 0 t4 -

G BY '4 R . W I L L I A M 'j :

1-7 Q. 44 r . Donnell, would you state your full 3 n r. n o for the. record, p l e r. s e ?

7 4. -John Lewis Donnall. 0-o-n-n-c-1-1.

,i -

10 .Q. Now, I would like to nark this as ll Consaners Power Exhibit 1 for the purposes of ti h i s 12 deposition.

f 11 (The document referred to uns e 14 thereupon nar%ed, " Applicant's 15 Exhibit No 1 for 1G -Id en ti fi ca tio n ," and is a t t ,' c h e '

l 17 to the original traasaript of

~

18 this deposition.)

10 Q. (By MR. tv1LLIAM'.3) Mr. Donnell, 'his .

20 exhibit identified as Applicant's Exhibit I conciatu 2i =of four psJes :nd it purports to be on order tasainJ 22 a subpoena and r- suhpoenn. tvould you look at it for 23 a .~. i n u t e

'? Did yau rece ive - copy of that nubpoon ~

25 A.. Yes, it w s in the nail when I return"?

A *. ; ? " I f,T C O ~12 P 'm T E ri 0 F 1EV404 - 70: / ': :t 7 - > t -' 9

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) . Is n d you 'gr4ed'to be depossd-parsuant 3 to'this.subpoenn without the full hand service by a

-4 pro:euJ .sa:"er; -is.tnat corre7t?

5 A. T'i n t ic correct. I' have given ir .

i _Branner a copy of~the receipt of.it.

7 Q. T h e. n k you. ti o w , I voeld lika to turn 0 to a few thi.nga just to get son; of your personal 9 history on t h e . r e e:o r d . To start off, I would !ixe to 10 get-yaur residen o and telephone number?

11 . A. 3101 Seat D r. k e y Boulevard, Las Vegas 12 Nevada, -89102, telephone nunber, araa c o 'l e

'13 _702/262-9003.

14 Q. .

And'abat is your business addresc?

15 \. 2753-2769 South Highland, that'is the l'  :.t a i n office.

-17 Q. And t h e' nane of your company?

18 A. Science Application.

19 a. Ilo u long h r. e e you been e m p '_ o y d at

.20 Scienca Application?

'21 A. 'li n c e March the 7th, 19'3.

22 Q. What is your capacity or title at th;t 23 outfit?

2 /' A. Qual: y ri c a u r a n c e Caqinaar.

25 Q. .4 o <. 7 , I would like to go back ov r your i';:; C 'JI a i' 3 0 d C P HI T C a j 1F M O V \ *J A - M 2/30 2 7~7 '

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-' lucationn1 '1 1 story r n <* _y>ur vork history en some 2 cxtent, juct to get'some b a c 'c g r o u n d in the record.

3 C o u l <i fau call ne ahore you g r a<!ur t ed fran high 4 school 7 5 A. Greensboro, North Carolina, Gr:ensbozo 5 High School, 1919 7 Q. Did you grow ap in North Carolina?

3 A. Yes. My entire school was in North 9 Carolina unt.1 I vent to college.

10 Q. Where did you go to college?

11 A. The-Citadel, C-i-t-a-c'-e-1, in 12 Charleston, South' Carolina. -

13 Q. Did you have a major subject at the 14 Citado1?

15 A. Civil engineer.

15 Q. When did you graduate from the Citadel?

17 A. 1940.

19 Q. Did you abtain - commission in ;5e 19 military service at. the Citadel?

2 t; A. Yes, I did I va s c o n n i s s i o n s:d r i:g u l a r 21 .second lieutenant in June, on June the 25th, 1940 22 Q. In what s e r / i c .e in r. h e arny?

23 A.. Unitad States M a r i n e. Corps.

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2 90u, whon yna v </ r e t the "itcdal, you 25 najorart in civil engineering. Coule you just

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.gener=11y Jascribe for as what s' ngin>+ ring cournoc 12 you to>k?

3 A ._ r.i > i l s , asphalt, strasa, concrete n

4 structores, 'e):ctricity, physics, and then all the 5 o t h .: r .r e q u i r e d subjects for c. civil engineering

. .5 bcchelor of science;- to includ2 the 3pecial 7 ruquirenants af .: o l l " g e in literr, ure, grannnr .nd 3 a o d u r r, history.

9 Q. Is en2 Citadel- oarticu'ar1y orientnd 10 towards civil engineering?

11 A. And t5c militnry cuhjects for

- 12 connission, excuse ma.

13 Q. I will a s:: that question again. Is t. a c i

14 . Citadel particularly oriented towards civil 15 enginacring?

i 19 A. No. .I t has other :ogrees.

17 Q. All r i g h t. .

. 13 A. It is the ailitary college of couta i

l 'S Carolina. It was established a b o u t. 120 years ago.

t l ?U Q. A_f t e r yad left the Citad'1, did you i-l

-21 pursue any_gradunte study in engineerinj or in any 22 otner subjict f o r n a l'l y , at e university, I mean?

. 23 A. Yes. Loyola University in I-: e u 7r l o. n a .

'24 Louisinaa. t t a . a ". that ?er to 1 was -bout '9

. 3 or ' 5 *.

25 and 1'obt'incd about two-thirds of the c r . ri i r for T:13.,' ' \ f E D 19 2 P a st Y C R S OF A S */A D a - ' 0 2 / 3 7, 2 - 3 7 7 ;

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.1 Q.. es n y o t 'i a r ones bealdas Loyoin' 3

.. I ' attended sanior .v. . l i t a r y schoola et

-4 Fort Sill, Oklahonn, the Artillery Guidarce 50ooo1; 5 Qu ntico, Virginia, the Senior Amphibious 'eic r f e. r o i-1 Gehool. 'And I instructed as the head of the opdrations':nd Intalligence section at '4 a r f a t 'i ,

8 Virginif at the amphibtcus warfare schools, join:

9 enphibious w r. r f a r e schools in Norfolt. f 'i s t waa -

10 . combination Navy /Marino school. Then I had various 11 quality esaarnnce training at Babcock & Wilcox, a n a .briefly 1;saribe the larier A *3 0 0 C I A T E D REPORTCRS-0[* NEVAD; - 702/392-9771

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1 . ; h-.: t you c :d during those 21 years?

2 A. Wall, I was 1-in]y in the artillery .' n o

i had'avarsena du ty Crom -Iculand throughout the 4 PaciEIc war. And after tha var I was n o v e: 1 staff 5 .i u t y , which included legal datics on = nn/il staff 1

5 for three years. And then I--let's s e e - - c ri n e back to

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1. h e '; t : ; c s . I uc s on duty in Korec for a year ,3 a 8 battalian commander of artillery, and then i came 9 back to tha Etat.3.

10 Want to the senior school and :onductoi, 11 as taat director, the scenening of s o m c. 1200 12 Onndidates as prospective a f f i e: u r s . "h a n I aent '; o 13 duty in Richmond, Virginia as inspector / instructor of

- 14 a reserve battalion, and then to Norfolk, V i r g i n .' e nn

- 15 h ,' a d of the operations and intelligen.-e section at i 1G the anphibious s:hools taere. And I was cotit.d fron 17 Aorfolk. .

. . 13 2 '.h a : vas your rank upon retiring?

1 19 A. Lieutenont Colonel.

20 2. ri o that would take us to a pp r o x i a,, t e l y--

21 A. '51.

22 0 1961, yes. What did you do then in 23 1951?

?4 .i . For oaa year ! acrked for ts a b c o c k

• 25 W i l c o :< , whicS v .3 a t h .: t i t 1.: of the organization wal

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.there I was i'  !- Jh : O' ort 'nd Pipe 'innaf cturing Oit t f i t 2 plans u nt.Jer f o r.

• year.

3 .).

%at did The B l o c :< and Pi pe 4 M.innfreturing Outtit do?

5 'A. No nanu f a c t u r oc! some Sn,000 tons of G reintorced concrete pipe for conduits aad h i g h .ia y s ',

7 underpasses. 'le

, m..n u f a c t u r a c' prestress conetete 8 beams in an.curlying plant, and we manufacturei

') prefabricated buildioJs, wooden b u l l e! i n g s in <' n o t h e r 10 outlying plant. And we manufactured at the plant 11 whera ! worked sone five to con million concretc j '1 2 block .. year for building c o m m e r c i r. 1 structurec.

3. 3 This-uns an autometed operation, and I was 14 .instramental in conpleting the; automation of tha

' 15 o p e r a t. i o n and reducing th? ncapower there.

- 14 Q. Where was this. facility located'that

. 17 you vorked at?

10 A. Little C r e 's '< Hoad in N o 'r f o l k , VirJ inic.

- 19 . Q . .. And you say you w e r c'. the genereel 70 n .- n c. g a r of.that f ? c i l i t. y ?

21 A. Plant managac. At first I was

- 22 concarned in organicing corporate .struature for t.w 21 org.anization, and then the old plsnt superintendent 24 aanted to leave so the presidanr. 7 3 7. a ne iC : n ,11 -

2 '; ' sat up a ctructurc I ha" organize'i au a plant n a n z g e .-

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1 for t:1 r. n r e e na n plants rnd t i, a outlying p l .; n t s . :

/2 2 How lang did you ranain 'la that 3 position?

4 '

. A. Approximately.n y c a r_.

3 Q. hhat did you do then?

1 h. 1 1.: f t because I couldn't get a pay

'7 r lac for the y ,? a r , 'nd I ,in s seeking a nore 8 l u c r ?. t i t e position,. I got a position with Accing 9 Company in New Orleans, Lo u i c. i r n a vith tne acrospace in progran s an engineer--ns a senior sagineer, excoce

-11 ne.

4 12 0 What vera your duties for Boeing?

l '3 A. Oh, first I was in the pinnning section, 14 ~fncilities planning for the cctivction of tha plant.

'5

. And I uns in charge of manufacturing facilities, the 15 construction oC nanufacturiny facilities, rnd tac

17 construction of test f a r; i 3 i t i e s . Then I was s

l' 8 supervisor at p r o g r a ra pl a n n i ng and control. And th:n '

19 I noved over to syntans tent, where ue were involved -

2 t; in the naaufacturing t r: s t oE tae first stage boosters 21 for the S-10 program. That was for the Apollo 22 p r o g r ,.n . And then the progran aas in :. h

• throes of 23 c a .1 p l e t i o n , so I n o ./ e d ro Seattle in the 747 progr:a.

- 24 I was i n v o .1 / " i :n p1.aning in tne 7M~

25 an: then C--when 747 vent into ia o n u f a c t o r - I was A 7. l ')C I T Y !$ 0 R C P 3 R T 8 !(',; )F "! d '/.i. U A - 7 9 2 / ~.5 2 - 'i 7 7 2

'11 la. Mnnevi11a A".., L, i V r.! r ' . l 'v; :a "710

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1 inv.31v d in ' h e 6 .1 proposal program, which Boeing 2 did nat raceiva, a n el then I transferred to the 7 3 7-1 p r o J r c es for-a short. tine before novinJ ti the S S .'

4 'progran, s u p e r s o in i c transport. "he 737 program was

-5 only an interim nov+ until I  : cold got into the 9ST 5 progrbn, which I uns . interested in.

.7 Then the_SST-got shot dovn and Boein]

C ~ offered'ne a job at the Cape at a considerable 9 r e<l a c t i o n , unic'a I rafus3d. Vad within t in u c 3 f: 3 I 10 vant to work for Baboek &--within two weeks I had :: n 11 _intervioi at-Babcock & Wilcox Navy !.lu e l e a r E' u c i 12 Division in Lynchburg, Virginia. I reported in there 13 the first of June.

14 L Nhat year uns this?

'5

. A. 1971. Wor <cd in the Navy Nucle 6r Foul 11 Division-for approximately n year and then moved over 17 to Commercial Nuclear where I was involved.until my 18 t .? r m i n a t i o n . b y Babock in 1932, late '22, and I ended 19- op as the addit manager af the Commercia' Muclear 20 Division. During that period, in the 'ast two years 21 I was inrolvm' on l aa n to Babock Canada in the 22 conatruction of nucle.t planta at Point LeP9rea, 23 c a p i t r. 1 L-e P-a-r-e-u, Neu 3runcvick, u:te r e I v r. s th-24 q u a l i '. y ansarance managcr. Anal taen I noved to 25 \rgenting Railror.d a 'i a t a f hr' a siallar job cu M30CI AT40 :t h P G rt T S R S JP ACV/ DA - '02/317-3'!7-t i _' _ w iit- a if , i 1,  ; -

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' quality masuc*nce a c n '+ g e r on a .:inilat plant being

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conctructed in a r g e n t i n ,+ . And I r.mained c' o iin there l-u n t. i l c o m p l e t i o c. 'o f t 'i ' t plant. T h a t. was only .i

! nattar of a fau nanths.

i 5 '"' S e n I .: a n e b ack t >> the 'i t a t e s . My old 5 job'had disappearc<! W th Sabcock i nd so I elect <d to I go to Midland, M i c ". i g a n as a contract cnployee, after-O having retuscd a job s i t. h Commonwealth Edison--

, 9 not Connonsie It'i--

l ') Q. Consolidated?

s 11 4 No. It vas thi o si t f i t ' Sat t

12 Maisenheiner w o r lt e d for, Gilbert Commonvecith, after

_ 13 having rafused v job-ca supervisor with Gilber*

14 Commonwealth.

- '15 Q. Wel;, I will ask you about your 1 "3 experiences at Midland a little later, b '.i t I wool -

l 'I like to go t h r o ug in a few things in this very dct:illed 13 history you heve related.

-19 Mhen you vere nanagiag the trinforce?

20 concrete ficility in Norfolk sc r e your duties 21 strictly mr.nagerial or d ir'. you got involved in I'

21 engineering or application of your civil engineering i 23 .b c. c k g r o u n <! ?

.14 4. . Yes. cir. I w's respons1h1? Mr 15 m.

n u f a c t o r i n g and pl.nt laprovrnent - nd I .ic s not in

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I tqu d,e t i j n section, 'nay and a vice p r e s i d e n 't

_ for 2 979 innering. But I f c '. t h.. t - I d ir! epply che x

i angincerinq l1.:ense in ci7il engineering anich I h a

4 received fahile at New Orle?ns Jith Goeing. I a??li*d W

5 for my engineering license while I aos with Boeing in r> -New Orleana.

7 0 In that in the 9 t r. t e of Louiaiana?

J a. . Yes.

9 0 Are you r e g i s t e r e d. as r. professional 7- ;

r 13 an engineer in any ocher stat.s becides New Orleens?

11 A. No, h? v e my registration and kept it 12 current in Louisiana' .

1- O. When you cok over the job with 33eing i f, Aerospace in N e vt Orleans it sounded like you 5..d n l

15 very. responsible position in facillties planaing for 16 nanufacturing facilities, at cetara. Did tant I

17 involva direct applic tica of your civil engineuring l

l

! 19 background? In other words did you hrve ~. a sup rvise I

19 the, design of these facilities?

i 20 A. No, I was not actively e n g n g .: d in 21 supervision of design, but I sas actively e n g .. J ' 1 11 l

2? inspection of the--prior to becoming a supervisor, i 23 inspe: tion'of the ncnufacturing and t. e s t f r. c i l i t i e s i

i 21 and the p r o c u r e:1e n t of i '; e n a , procurement of .L,1s

!= 25 that vent .i n t o bo!'iing of tn' b o o.a t e r itaul:. 3 au'.1 l

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6 'i o this w ., s inspection to see that

? " h i n J s M o n f o r n a -i to what tPc 412si Jn 90cunenta

- r : q.u i r e d ; is that correct' 5 A. T h e t ' .s correct.

G 2 :4 c w , <ild you have similar riutins in any

? of your work with regard to the p l a n n i n:j for the 7'~

-3 'o r the B-1 proposal or the 737 progran?

Y A. '3 0 , my duties in '47, 737, G3T, were 10 strictly from the standpoint af engineering not 11 construction.

12 Q. When you say tron the standpoint of 13 engineering what does that' encompass, what sort of li engineering did you do?

15 A. At t h r, t time it was a forarunnrr a l 'i quality ,.ssuranc$ really, it was called value 17 engineering, that was the buzz words for the function 19 in the industry.

'19 2 When you vent to work la the Navy 20 :J u c l e a r Fuel Division of Babecek & Nilcox in Norfolk, 21 uhat 'uties did fou have in that division?

22 a. I was hired in p l e: n n i n g <! i v i s t a n - -

23 plann'.ng section, excuse u_, not "nat bij of Sn

/4 o r Jan l u tion. I ves hired on in tha p i a n o. i n g sa: tion.

T. S Tftcc sane time, 1- b a c.m 1  :' p a t- ;,- r u e t. .ie A 'i S OC I A i':; /) 11 d P O R T M R fi 0F 'li: V s D i - 7 0 2 / ?. 9 2 - 3 7 ',' - ,

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c 1 7 t t , i t i a .2 i:t the planning saction s,cre ra S+c rastri-tn!, so 1 l o c '< " d around an? fini11y got a j ob 1? Ia .l u a l i t y c.ssurance/gaa11ty control, and i n >:i t : up a setting up a supplier audit s y s. t t n .

5 I ans -a l s o infolved in tha alI G forerunner of the %1 practice P r o g r e. m ,

7 c4-3-1-p-r-a  :-t-i-c-e, one word, waica u.3 . itviscc by 3 Adnical Rickover to clininate ri a l p r a c t i c e 'nong 5- ~upplier fun:tions. This was devisa* aa en , u ri i t .

10 Eunction.

11 3 This is still while you were in the 12 Navy Nucleer field program?

13 A. Yes, it is.

14  ?. W .' s this your first--well, you said 15 m i n .i n e ago you did value engineering while y7a w -- c e 16 with Boeing, .nd I take it t 'i a t c o u t .' 5e i

17 charc:tericed probably es year first ancountar a l t il 13 quality assuranac; is t h a r. correct? ,

I l

L9 A. Yas That .m s in the Inte sixtlas.

O Q. Wow, then y o .2 r first fornal encountur l 21 w i t it Bo2ing Quality, t 'a 2 quality assurance progran 1

I 2? sas in this Aa-y nuciaar progren whare you ut up i

23 t it i s systen of , u<' i t s ?

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w I during.t.52 time hptucan when you Einianed up y>ur 2 w o r k L u i '. a t h .. 'ia v y ' n u c l e a r Einld divisian and time 3 yna beconc quality snsur.nce n.nnger for sabcock 4 plant at LeParea, did you have other jobs ahich 5 o n t a l.l u d acrk in quality assurance?

1 A. Yes, I was transferred ovar to th 7 connercial naclear.w' tere I haenne a quality accurtn e audit ra a n a g e r within vueks after I transf?rred, so

• ) you night say that .ay quality assurance active 10 involvement was fron 1771 from the time I went inta 11 (4 a ./ y n u.: l u a r , with some.pravious involv ment at

- l~ 2 Socing.

13 Q. 'J h o t did the duties of QA audit manTger 14 ontail?

15 .\ . Na coordinated with the qualification 19 of suppliers, audit of suppliera. At one tino I h.l.

17 I~think, w r. s fi/e or si:< auditors working "or me n n. .

13 we covered the whole Unitad States, Canada and G e rm:.n 19 suppliars. Ne made a trip to Israel to investigata

• 20 the ca pabili ty o f the Isranlis in providing for the

. '! ! _q a a t u scope of supply for nucicar reactors within 22 Isrnel.

11 Q. Nore you responsin1r for qu.lity 24 assur nce on curchasing 'or :verything t ai t s

.i 25 3;bcock r., Wilco < fr:111ty ynchas-d"

'090CIATUC R S P '"1 ? E G S

. O

e '4.8 V A D A - '02/132-8770

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1 1. _ !4 0 , I was not.  ! w's r:sponsible for 2 quelifying the suppli rs and nuditing the suppliers.

, ao had at one tine s o m s. - 100 suppliers and wo Ji" 100 4 audits a y?ct. The QA engineering is the function 5 which ruviews design documents, and t 'l e design G section is the one thrt estabitshes quality essurance 7 requirenonts in tur design d o c u n e r3 t a t i o n .- "J u a 1 2 t '/

3 assurance reviews the design documentetion to assure f> that they have the proper requireacnta listed in Ph.a, 10 and'then the iudit section goes out and qualifies the 11 suppliers and sees that they have an o d r- q u r t e GA 12 _ program, .s n d then follows up on the ncaufacturer of 13 the items under shich the contract pertains.

14 2 --But wh7t I was asking you or what I 15 meant to ask you was were you responsible for l 's auditing the QA progran of every supplier tn..

17 SabcocK r, W i l c o :: had at that tina?

19 A. Yes, and we ilso did inter.a1 nudits 19 rnd 3ito _ audits.

20 Q. T:ay. Insi ie G a b c o .: s & Wilcox ;qd

~21 before you became QA manager at the lap'rcu plent, 22 What w c. s your n e :<. t position?

.23 A. I was 04 .u n a g e r et the section head 20 l e v e '. .

25 2. For -Se #. : 3 1.. t ce until you went .a

-A'U0CTATED R E P % '.* E R 1 . O F lCVaM - 702/:',12-277

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lap 3 red? I 1

2 A. Yes.

3 Q. An-1 what respansibili-tins dif you h ". v a 4 as 'J% nonager a t. t h e- LaParaa pl a a t' -

5 T. We ware involved in th: referbishnent G of ' AN -C AND U , that is a trade nama, stean generators, whien were in quastion Sy the Atonic En.rgy 8 C o min i s s i o n of Canada ,ni 5 & 'd . Cancda urs committe' 9 to en "in altu" r e p 1. a c a n .. n of the steam genere. tors

-10 internals in place at the site. This involved .

11 consilarable enount of work e n t r. i l i n g nbout 15 nonths 12 at the site, an1 included first strip' ping out the 01:

-13 internals with a steam generator without bothering--

14 changc that to disturbing--disturbing the essential, 15 and the botton plate of the steen generator which is 1G quite a nassive Installation. Then build'nq clean 17 roons around the four stean generctors involved, and 18 then accepting, inspecting and installing all af ths 10 .: ? p r o t i n a t e l y 10 to '0,000 tubes in those Soar 20 gennrators, and checking then out for deliv>ry to 21 AECL, that is Atomic Energy of Canada, Linited.

7. 2 Then I v o l. u n t e e r e d ta go on a similar

'23 job uncre e sister pinat wcs bcing bailt in Sabalca, 24 A r.J a n t i n a , bocaase the OA manager down there, a9 Je unated t. , r-tarn ra 35 c o n t r e. c t s . : :s fi.ishi y up, A GDCIAT2D R E !' ' R T ". 2 G OF .ii: V \ D A - 7 t' 1/ ? ?,:2 - 3 7 '

• • i - '- ., _ r, .- y ._ , . 3 ,

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.=

1 tue 2?ates, end tb> job was not coupleted.

2 2 And your >:dties .c En h & l s e. wera 3 issen.laily ciallar or ih n t i t a l do your d eit i e s t. :

4 LaParau?

, 3 .. Yes, conplating the installation of thr-1 6 . refurbishment of the stecn generators.

'7 Q. I :so u l d like to ' urn n a t.

. to s o ..) . of rhe 3 events t a z. t took place et tae Midland olant. fou ar, 9 a .ia r e certain. investigatians have be .n performed with 10 raspect to allagntions'that Co n s un.: r s Pove r. Company 11 violated an order of tae Atonic Safety and Licensing 12 - B o ci r n in this case, are you not?

13 A. I am. .

14 .Q. I would like to mark c s 'A p ,; 1 1 : a n t ' s 15 . Exhibit 2, an investigation report dated J .I n e 2nd.

2. 6 1933, which is approximately 50 cagas long 17 -encompassing--perhaps even more chan 50 pages long.

13 mayba 100 pages long--encompassing meny attachnents 19 which also banra a cover" letter of June 2nd, lo ei, 20 transmitting th2 report to J1aes G. Xeppler, Regional 21 Administrator, Region III, which bects a second cover 22 letter transmitting the raport to the &ininistrati"a 23 Judges of the Atonic Safety en Liceasing Bo a r d ,

24 -.s h i .- h is pr.s'ntly hearing e/i!ance wi*n respe7: to 25 certain "i n t t a r c at fii al l e nd .

A :I:i a C I i ? E D REPOR78RS Oc P4 3 V T D s - 7 0 2 / .~. 6 2 - ? 7 " 1 a 1 1. : L n o n n i sr i l l .- 'vm

., L r .; '/ r 13, 24 : '/ ' " ' 'J l 1

I 1 a not (3 0 . a g to p r o v i j r? c o p i . 's

! o' 2 th .3 caport for the reporter a; ace avarybody, a l -'. a a t 1 ./orybody involrea has copy of -h's.

• Sl o w , .4 r . D o n n a l. 1 , I don't thin't you do 5 have .i copy of this, but yoa can look e. t :a i n e .

1 A. '2 h a t is not this report?

7 Q. No, s e c o n't report. I ti i l l get ya1 an-3 of t 'i e s e .

9 fthe -iocan n. r e f e r r e r.' to wz s l '1 thereupon marke1, " Applicant';

11 dxhibit No. 2 for 1 .' Idantification," and is attach a 13 to tha original transeript af 14 this drposition.)

15 ). (By MR. W I L L I.U4 3 ) I .so ul d like to IG d:reet your attention to a document sn.ch has been l' marked es A t. t 3 c h n e n t '3 to '- h e report './h i c n has h: .n

. 10 iduatified as Applic,nt's Exhibit 2 to this 19 deposition. I'o r c o ra p l e t e n e s s .- 1 3 0 , we J i '.1 n .. r n the 20 second folder ns exhibit, Applicant's Exhibit , and

'? ! again everybody h .' s copies of this.

22 This i s a raport of investi3ation of 23 the Office of Invastijetians o r th" Nu c l e1r 1 2 /, :<c g u '. a t ,r y C o ia m i a c i o n , ' t .I Jcp.enber L2, 1913 n" 25 -3sa a n s i s t i.i g a F ' 'aa at , in p: J ed of r e p a r '. 4ad A 71 #: E ^. T U D 't +: P O :1 " 2 R f; >F 4.; V i a s. - 7 0 '. / l " 2 - ? 7 7 "

6 J -

.. I g O w 3 ed 4 -

1 n n'/,

7 ny .la70s of <bibits totilling hout 100 2 p a g :: .3 in rl'. The s .1 a c. t' a .' u m e n t ppa, r s n .3

? l '. t a c h .a - n t G to taat s -2 c o n <' r? port.

4 Now, I woul3 1 i ,( e to si irect--

5 -1 I don't think it is, t'at a is a scparct2 5 copy.

7 "}.

. S t r i e. r tae r a f a r en :- to E.< h i b i t ' then.

8 Wa will ;till aark it and I will u;e : t for other

') purposes later, but this is only Attachm. int - to th3 10 initi.I report, and you ha/u another loose 2cpy of i t?

11 A. I heve a:1othar copy, that's corrce:.

1 .' O. Now, would you look i. t tne very st 13 signature line on tnat docunc.nt c' o w n e. t t. a c botton.

14 Con you identify the writing?

15 A. That is ny s i g n .i t u r e .

1i O. Zhat is your a.gnatur2 on there?

17 A. Yas.

19 Q. Can yau tuli me .s n .2 : 'i ete ppearn n e /. t 19 to that signature?

20  %. 7-72-12.

21 Q. Couldn't thnt be 22?

22 A. Yes, it  !. s , I thins. It is on the line.

"23 It is 7-22, July ths 22nd, b a c.. a s e 'ha pravious 2: signature w's 2 '. , and 'h.y .i <- 11--t's o - h .' r on..

2S beforc thac i: a 22.

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t O. Ara you oble to identify whoso 7, ai3Tatura apper.rs on tha n'e x t line c.bove yours?

.' 3 A. Glen stu r r e. y .

'4 Q. Ara there a' set 6f' initials to the left 5 of your-signature on the l <. s t line?

5 A. Yes, Grian Palmer sho worked for me.

7 Q. *d h a t capacity did you sign that 3 documant, do you renenber?

'ii A. As supervisor of renedial snils.

lo g. Would you, for r. h e recori, describa 11 what this documcat puroorts *o

. b a

12 A. This is'a document that uns devid d to 13 control excavations on site, and I attended a neeting

'14 in explanation of this document, a training session

-1 5 so to speak, and later I signed sono of tnam, but n o t-1 -5 r.11 of then.

17 2 S' hen did that training session tak-13 p1nen?

19 6. Well, s o n e t i n .: before the 22nd, it wou 20 pretty closely involved--this all involved about tho 1

21 sane time.

22 Q. So you thin:t was s o n -: t i m e aaout in July?

23 A. I think so, y?s.

21 2 Tha systra oF gy,ying e!!CASEtIOn p e r l i t .2 25 us a now'nys*sm uni: h h,d h an crented recently?

A3"JCIATED ll S ? J R ? Cit C W NSVACA - ~ " ? / .; " ? 7. i

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s r- " t. i n ., l

1 S. It h a rl b?9n- t don't know what is t h...

' procer .< o r d , e i t .i e r reconst!tuted, t s. i a v e n a t e i ,

3 b >c en a of problems that w.re occarring on i e X C .' / d t i o n S .

5 2 Now, sere you aware during t '. i i s time

~

period of Jono and July of 1932 that the Atonic 7 O n f e t. y and Licensing Bocrd, which 5 .' .1 jurladiction 3 ozur the plant and the construction thare>f, had

'; issued an o r 'er on April 30th, 1982 settinJ f o r t !)

10 certain conditions witn respect to the wor;; It the 11 J 1 Ant?

12 A. Yes.

13 9 What was your understanding of the la c.)nditions that were set forth? First of all, befora f L5 I a a r. you that question, d i:1 yau ever actu.11y see a l

I ti copy of thet april 30th order?

17 A. I really don't remember. r believe I 13 did.

19 0 But you coulIn't r e n e:n b e r to iay a . e t '. y 1

20 what the terns of tne order ware, could you?

21 A. If I s a ., 1 copy of the order, I c o u l .1 22 recollect, I believe.

23 Q. We'll show f ait on2 n little hit lat- r 24 on.

25 A. Al1 rignt.

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• l'.' I . s i' 3 D it C P.]!1 T E R 7 O? NEVADu -

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i Q. Do you' recall whather tue c r c ra t i o n of I

2 this excavation perait systen uns in responsa to thar l 4

.I 7 'pril 30th Atomic i.Eaty : nd ' Licensing Boa: J order?

1 j

-4 A. I 5nlieve.it uns.

1.

5 O.

lo s did you gain that. impression?

i' 'i A. 'd e l l , it was necessary because of difficulty in locat qgLsubservice utilities to assere i  ?

t 3 that excavatlan being carried out, was being done

9 uhere it was supposed to be and that we would not

. 10 encounter any utilities. Essentially it was to 1

1 11 control' excavation.

t

-i

.2 Q. At the time, in tne time frane of July I

12 of 1932 what was your general understanding of the

! 14 . contents of the Licensing Board's order of April 15 30th, 19327 i

i l ii A. That we wo uld not excavate withou.

17 previous NRC permission, Luthority, whatever.

13 g. Did you have - detailed knowledge at i

19 that time as to how tho ARC's approval of e :: c a v a t i o n s 20 .ia s to be given? .

'21 A. I did not control that. I was only l 22 cuare of it through contacts with other Consumers l

2' people.

24 Q. Onay. Nou, coa you describo a q .i l n 23 for tha recor what exc v;tian eqis particular

$3S201sfSD ii 3 N Ri' C E OF :-1 2 V ; 0.1 - 702/2T 73

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1 n::cava* ion pernit :oncerna i t s e l t. '.4 L t S 7 2 A. W-ll, in describus location and limits 3 .c f av.cav3 tion as tuelve by three foot. pit b e l o w -ri ep 1 0 d u c t' bank, elevation fron 597-to 535, sea attachea 5  ?. r a .e i n g .

i Q. 0095 the attached r! r a w i n g Gao / the 7 h :t c a .':i t i o n which was to be co nd u c t 0 <i ?

, 3 A. Yes..

9 9. delow that duct bank?

'0

. A. It shows it to elevation 595.

11 Q. Now, is there enotScr document attached 12 to taat?

13 A. Yes.

14 Q. What is the nature of that document?

15 A. It is a remedial soils work pernit, W P ,-

11 Nilliam Peter dash S.

.17 0. Ncu, under the initial a p p r a v ,i l bank, 18 does it appent to you that the w o r :: , thc.t this 1 () document relates to the same work as this pre"ious 20 excavation,parnit?

21 A. It does.

- 12 Q. Does it appear to you t .ia t this w .a r :.

2' was fully,appro ed as requir;d by this work permit

7. 4 Corn?

2 '., 4. Yar it does.

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I 0 It < ices i n d i c a t s - s l. s o that the spp

oval 2 -nos lator '/ i t h d r a ..* n ; is that correct?

{

i A. Y e .s .

Q. iin a t is the date the approval appears 5 to h it v e been initially granted' t

5 A. 7-22, I believe.

'7 Q. Is that the saae d .: t e that approvr1 .. a 3 I 3 granted on the excavation p e r't i t i: P C P 43?

a-9 A. That is true.

10 Q. In other words, it is the same date 1

1 11 that the last--

1

! 12 A. It- is the came date of the finr1 sign-13 off. Evidently it took a couple days to get it 14 signed off, t .io days.

t i

15 Q. Now, you are aware by h r. v i n g been 15 contacted by NRC investigators and by oth.>r ncans i 17 that t 'i e r e has bien some controversy about this 18 excavation-balove the deep Q duct bank, are you not?

- 19 A. Yas.

20 Q. You ci a r e in fact int 2rvi mad by a 21 couple of NRC i n v e s t i g e. t o r s out here in Lou vegas 22 some nonths ago concerning this metter; is tn it 23 correct?

2 ?. A. Yas.

25 ') . And you r. r e .i - r e t h r. t tiere are 5

A S 3 C " I A T d: D REPORTERS 1F 1".Vi1A - 70?/132-37'3

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4 I cectaia a l l e g a t i n a n . '. h a t yoa kaer th't the e x c a .r a t i o n 2 -u n s 17nductud without praper NRC .'uthority; is that ,

3 not cerrect?

4 A. P l e a'd e restate the question.

5 MR. '!I LLI AMS :

- Con we h a */ e it read back?

4 ( Ph e r eupo n the requested portion 7 of ~

iie record'was rend by tha S reportec.)

.)

MS. WRIGHT: Ilo i d- it, 10 (Discussion off the record.)

11 2 (By r4 R . W E L L I AM ri ) Let's go back on th:

12 record and'then answer the question.

'l l A. I'became avaro of it at the :4 4 C 14 investi-)ation in Las V2 gas. I was shoua copiau of 15 statements by Landsnaa, an NRC inspe: tor, and Cook; E 15 don'c r e -t e n b a r his first name.

17 Q. Ron Cook?

-18 A. Ron Cook, the resident inspector it tS.

19 ' plant.

20 a. I am going to ask /ou about those 21 statenents in a couple of minutes. But before I do 22 that, would you nave signed this e<cavntion n o r .a l t - -

22 you were at this point tha soil supervisor for t5c 24 :4 P 2 A U , vece you nat? l 25 A. Yes. I hal the inspection a n el t :1 ;

69.10 C I A T ?. D R C P 0 ;1 T C P. O OF ASVACA - 702/332-3~7'

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2 2 'io u l d you have signed this e<ca.vation 3 permit had you known that Consuncra Po ue r Conpany was s procecding sith an unauthorized piece of wo r ' ?

5 A.- No, I would not.

5 a. Now, I would like you to turn to 7 E::h i b i t 3..

3 (The document referred t .3 w r- s 9 thereupon marked, " A p p l i e ri n t ' s 10 8xhibit No. 3 for 11 Id en ti f i ca t io n ," end is attached 12 to the original transcript.of 13 this deposition.)

l? O. (By MR. NILLIAMS) If you even

- 15 suspected the tv o r k was unauthorized, you would not 15 have approved it; is tant correct?

17 A. Tha t is correct, because the geotaan 13 whose signature apoaara '. w a lines above nine u.;

19 really the' controlling factor.in the signature of 20 these things, and they had to be checked out vith t '. e 21 geotech to be sure it was properly represental. 'i e 22 was the technical person in charge.

21 Q. You relied on the geotech's kn)uledge 24 of approval; is tnn rijht?

'5

. A. ?es, but if I b./ had any i d e .e u that 'i o ,

1 l

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t had not approv C it or tnat his appravel was 2 incorrect, an2 I Sad inspectors on t 1e job, I woul-i h a i c. refused to sign it.

.' O. Now, I would like you to direct your 5 attention to yaur copy of canibit, Applicant's 1 Exhibit 2 to this deposition, which you have your o .in

' iopy of in front of you. An1 I think you ha rc open 3 3 it to the hr.ndwritten statanent, Dr. R o s .3 , d-o-s-s, 9 3. LanJsnan. This is identifici teithin the r -: ?o r t as 10 Attachment 1. A n d. I would ask you now to review the 11 contents of that handwritten statenant, ilo v i e w ta:

l' wh. ole thing briefly, and then I will direct your 13 attention to specific parts of it.

14 Now, first I would like to direct your 15 attention to the second full p t r a g t.. p h on the first 16 page of this report, . starting with the third line 17 down on it. Indicatas, "When Donnell can.: in and AC began talking to ne about Consaners Power Coipany 19 continuing to dig under the deep 2 duct bank -fter 1 20 th:y ned b+3n told not to dig --

21 Do you have any r e c o 1 1 ti c t i o n of e tt e r 22 having nad; such a statenent to Dr. Landsacn?

21 A. el o .

24 0 Do yo : b.11eva tha'c ic i s likely tie t 25 you .wi e auch a stit nont avon t 'io u g :2 fou cen't A '- 0 0 C I A T E D R C P O i1 T .3 R ;' 3F N9VnDi - ? f; 1, ' ' 1 - 17 7 '3

. _ , . , , ., -, c .w w. "1

I 1 remenber it?

2 .i . I do not. I can e .< p l a i n the runson for 3 - ay -Jaing over

t. a see Dr. Landsncn.

.4 Q. Way don't you do t h a ': 7 5 .\ . I considered it quite a wnile because i 7fter Consumers had terminated ne on the s i '. e ,- w h i c h 7 was about 20 July--

0 Q. Do you have a calendar with you eh! S 9 could pin that dato down?

10 A. Got my littla bleak back here.

11 I have a note hero (, 9 20 July, 12 r e - o r g ,' n i za t i o n of QA. Now, on that day I was callad 13 over to Mr. Williams' office who was the Babcock s.

14 -Wilcox ndministrator, and 1 ster Marve L. Curland, 15 site superintend,3nt for Consumers C r. n c in, QA l 'i superintendent. .\ n d I was told that I aas 'a e i n g 17 replaced by Jim Meisenhoiner, a geotech, and my I? cervices wou!d no longer be requira1 by Cansumers.

l ') It was ,tgreed by Babco :k that I would move over to 20 the Babcock office immediately'and thet I c o o l .1 s.

21 if I could find another p o :s i t i o n on sit 2; unercupon, 22 I :a o v e d out of tha offi:e that afternoon and--to the 13 Babcock & d' i l c o .< ' s office on site.

.24 ') . '. i o l 1 , I woul' just 1i<> to clear ,19 anu 25 l i t t '. c .latter aure. T h i .s e < c a v e. t i o n p e r .l i t 'n'ic1tes

.  % C'4 0 0 I A 'f S D 'I '? P O R T E R '- 0 F _ i4 2 V s D A - 702/212 '1774

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1 yo u 's i.3 n ed - i t an t:m '2ai and your c c: lender secas to Did.you stay on the 2 i n+' i e c t u yo u no red an the 20th.

7 -job for r f e .1 days perhrps after you got t :i e initial

l. -notifiertion?

~

5 A. ;4 o , I can't a t: count for the difference G in' dates. It could have been on the some day, I 7 don't renenber, n ybe ny not, tion in the b o o .< is S urong.  ! pt c r e-o rg an i :a t ion at GA, but I' saen co

') rancobec I mo>ed out on T h u r c J r- y , which uns the 2 2 r. d .

.e 10 The 20th. i s ' T u e s d r. y .

11 2 So it is at lecst within your nencry, 12 it's possibic that you were still performing as soils 13 superintendent--

l o. A. I would not aave signed it ifI w r. s 15 still not performing as soils superintendent, because l' after I uns notified by Will!nns, I didn't do 17 anything.

la Q. I thina the records will show ai r .

19 Moisenheiner occupied his offices on th. ?1 t :1.

20 A. And it would appear to ne would be nor.

21 r e a s o n e. b l e the dat? I uns called into '* i l l i o n s ' ,

?. 2 office wes Thursday not Tuesday. That is probably 23 the day the r e - o r g a n i ?. a t i o n was d a t ed .

l 2 t. J. not you cre gclaq ta continue mad 25 e:I gl a i n 'i o w !t wea you ~ame to visit Dr. LanJsaan in l

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i i 'l i L - - i n the NRC trai lar.

^

. .\ . After I 'J a 3 ov r At the 3 & W trailer 3 engaged in trying to get a n a t 'i o r position on site, Y

A d ec i 'ed I wo u l s! go over and s?e Dr. Lan?,sman to f i n e'.

5 out that if I tried to reinstate my'NRC application f

(

which I.'had nubmitted s o <n e years before, would ho 4

7 have any objection to it. I uas apprehensiv.a about 3 Joing to see him b cause I did not want to put ayself 9 in the position of being considered au running in and 10 out of the NRC trailar because I had nny grioes

! li agminst Consumers.

i 12 Howevar, I en11ed him ap that morning--

t 13 I seem to' remember.it was late in August and I was 14 obligated to-move off sita on August the list--and 15 asked him if I could see him. He said yes.

15 - I went over to his office, and ns 1 17 recall, our t o t .; l conv?rsation evolved about my 13 application to NRC a nri if he would object to it. It 19 was a very short c o n v e r e r. t i o n . As I s a i rt , I tidn

l 2 ') want to.put nyuelf in the position of b:-ing--of 21 running to the NRC, because I had no objections l- 22 really ogninst Consumers.

9. 3 0 But you aneu it the tin 2, nowev<r, did 24 you not, that it wau your rignt to coanunicat? win.

25 the NRC st ff?

T N G lC : \ ':' L' D 9 3 f' 3 '( f E 3 'i OF N E V \ D ', - 7 0 2 / : r, 3 _ g , ; n L.3 ~! t ~ c ou' '

< ! 1. a n" il' A ., .

1  :\ . 'l a s , I el i -! .

? Q. acre you ever intimidated .i n any way by 3 anyone.fran Consumers Power Coapany witn r e s p e e *. to 4 connunicating with the NRC?

~5 A .- No. .

G Q. Or fron Babcocs & N i 1 c o :< ?

7 A. No.

3 Q. Did anyone ever tell you you weren't 9 supposed to connunicate wi th the i4 R C 7 10 A. No.

r i

11 0 Okay. . I.would lika yau to turn your 12 i.ttantion now'to the second page of this handwritten

+

c -13 statement of Dr. Landsman. Do you have any

l t. recollection of any discussion at all in this neeting 15 with Dr. Landsman about the deep Q duct ban <?

LG A. No.

17 Q. Do you h r. v a any idea how Dr. Landsaan

18 could have come to his conclusion, what he vaa

l ') telling, what he reports on the Eirst pale?

l 20 A. Not unless he uns confusing other 21 converaccians with other peopia with me. Now, I h . / ._

i-22 thought about this very seriously and there was only I 23 one other guy that w a .; heavy set 1ike I ..m that 24 worked over thare. iow le could hcVe had a c a.

i 25 converactionc with sont other peopla tnat .t o r k e t l

i t

a

. . '1 " O C I A ? I D il E.e P O R T E 'UDP M E V?. D A - 7 0 '! / '3 3 2 - 2 7 '? ',

~ , _ , . . _. . -_.

nayshere. ft diaturbed n. that when I read this 2 .ttinJ in Landonan's statencnt, because all a' ny 3 ncquatatance of La nd an an have b +z e n amenable. And n2 4 appeared to .a e to be an honest individual. And that 5 'ic s the~ reason I was disturbed, that he thought I .t a d 1 told-him t h r. t , but_ny only purpose in goinq over 7 there was tv.get uome. assurance that he would not 3 squel :5 a renewal of my application.

9 9 Now, you are avare of an earliar 10 dri11ing incident w i t ii respect to the sane de2p Q 11 duct b a n ic , are you not?

12 A. I am only aware of one incident that 13 occurred with that deep Q duct bank and that was the 14 d r i_11 i ng innediately outside the rear entecnce to the

_15 auxiliary building.

16 Q. Is it possible somehow or othar Dr.

17 Landsman c o n

• u s u <i the'tno itans; number one, the l i; drilling incident, and possibly c o n v e r a n t. i o n s you n .: y 19 have had with him earlier with the question af 20 - c x c e v a t. i o n und'r the deep 9 duct b a n k

21 A. It is.

22 Q. It is the same duet bank; ia t h :, t, not 23 correct? 1 1

24 A. Yaa, I 'o e l i e v ._ it is. 4a w , I had h ..

?5 aca. problens re:enstruet.ng t Unt '<h >n .4 T C was in i

A3*iO" UiTCD R C P O R T C Tl3 UE NCVADA - '7 0 2 / '19 2 - 0 7 7 >:  !

- 4 2 m_. m 1, i 3 , r -

y,. _. , . ., s i 3: in* l

_1 _5ere, snd-they ">aoved 12 some-pictures end the only

'2 incident I could'ren.enber.was when we drilled tnrough 3 the duet bank and punctured an electrical  : o n d u i '. and 4 ve did not know where the drilling mod via s going 5 u n t.11 tha.next di:y w's e n it came out in the junction

'i box of the auxiliary buil-ling out of the conduit.

7 Q. Tais :4 RC report has both the originel 3 material in the back r. n d it has further raports of 9 oral s t ; t e n t. n t s in the front. And then it has 10 -further condensation into a summary. 't h e sunnary 11 occurs right-after the signature page on the front of

~

12 the. report. In the very first pa r';g r a ph of the 13 summary, taere is a sentence that begins, "The former 14 supervisor advised, though, that it was connon 15 '< n o w l e d g e c. t the Midland facility, et c e t e r a .

l 'i Have you read that sentence?

l 17 A. That tuo NRC soils inspector had 18 prohibited the excsvati>n beneath the deep 2 duc' i

l

19 bank 7 i

20 Q. Yes.

21 A. Yes, I have.

23 Q. Do you.reccll making any statenunia to

s. 23 Dr. Landsmen in this meeting in August that were

_21 spacifically dirocr.ed to the a

< c a v : t i o n b ' n e n '. n ti; 25 dues Q duct b:nh'

\C69C1\T33 AdPOR'MRF 3? :J C V 4 0 A - 702/i92-0778

,.

• 1  ? _. nann. .. 1

• c. ws_ L ;- - 91 :m J... ', '. e i o i

2,

)

'e*

1 A. Not spacifir.11y, no.

2 ). Is it ponnible that you may have spoken

-3 to. Dr. Landsman 7.b o u t the general prohibition.of 4 excevations undar-the Atonic Sa f ety and Licensing 5 Soard order?

i A. Yes, it is.

7 ') . Can you' recall specifically unather yo u

-s Aid heve such a conversation or not?

9 A. Not really, b o e r. u s e the purpose of ny 10 . going over there was very pointed and I stited my 11 ' business and didn't tarry, got out of there.

12 Q. This sentence indicates that you told, 13 -you gave this information to the NRC investigator.

14 Do you rocall making such a statement to tSe 15 investigator that it was common ~<nowledje that the 11 excavation under the duct bank was prohibitad?

l' 7 Okay. Tha witness is looking at 10 Attachment 3 to Deposition Exhibit 3.

19 A. My recollection is it was common 20 k n o '< l e d g e about the ASL3 order, e. n d I t e n u'1 b e r at 21 cone time conversations in the construction nuetiTgs, 22 first, that--regarding the ASLB order; and, second, 23 that uverything had to bu clear 2d th r o ug h Landsn n 24 before we p r og r e n s e<! .

- 25 2 Now, Joing bcc- to Lna suamary of talu A"" M INCCD' REPORT 3R3 M' N3V%DA - 10 2 / 3 t' 'l - 3,,7n 7. 'i

__> - .__ m - , . .. . . , , ,

a 1 rapart, cuat first parzgraph that we t a l .< a d

• bout .

2 5cfors, doos--i; that sentence that you vore looking

^

at before : :orrect-rendition of unat you c <. c a l l 4 telling the NRC inspector?

5 n. I beliove I stated to tne NRC that it

.G was raal well understood by everybody that Mr.

7 Landsnan's posicion--uhat Mr. Landanan's position sau 8 r e g s r d i n g . e,x c a V a t i o n . And I corrected the statencut 0 that .as nade to so indicate that on page 2.

10 Q. On pege 2 of your s ta tenen t which is 11 Attachment 3?

12 A. Yes, at the botton of the page there il n 13 an initial correction. I struck out "I voiced my

[ 14 agreement with Landsman's orders concerning 15 excavation", and changed it to read: "I s t a t r. d in 15 discussions with Mr. . Walker that it was ay opinion 17 that at those nectings it was well understood by 18 everybody what Mr. Landsman's position uns regardin) 19 cxcavation. I don't really know anether taat is-20 concerned with tha mixup between understanding th:

21 ASLB order and any orders that Landsman had given."

22 Q. But whan you made this particular 23 s ta t r aen t in this, uhen you changed tais p.. r t of your 24 uritten stat nent a n-

'i n n i urote in, wora you 25 referring to .7 explicit position with respect to the T i 2 0 C E .\ i' E 9 R C P 7 R T C R "i W NCV%Ds - '02/'.;32-377;

.,'n. - -__._a, , r-, u. , , .,s. 3,

! he p Q duct bnnk,-or vero you referring to i Jentri:

2 position'uith renpuet to any and all exec 1ations at 7 tne alte?

I A. A gancric position.

5 Q. Does that, back to the original G question, does that sentence which we were talking 7 about in the sumncry in the "ront fairly re fl ac t what R you tol1 the 14RC staff investig, tors? .

9 MS. MRIGHT: I bolicve that has bcen 10 asked and answered, but iC he can answer the question, 11 he can.

12 THE WITNCSS: Lat ne find tac sentence, 13 I lost it again.

14 I can't really recollect shether or not 15 there uns a confusion when the NRC investigators were l 'i here between Landsman's orders and the ASLS order.-

17 Q. (By MR. NILLIaMS) 30t, now, thic 15 particular sentence tnat we are talking here, that 19 ands, "The NaC soils inspector had p r o h i b i t a rJ the 20 e x c 7. v a t i o n bunecth the deep Q duct b e :1 k . " Is it your m

21 bolief ' hat t h.i t confuses your statement about the 22 generic prohibition with a specifle prohibition?

23 A. Yes, I think there was son 9 confusion.

24 ') . All right. 'l o .1, joing back to the 25 a t t e .: h n e n t s to Sxhibit '

and b a -- k to the second p a<t c A 33'P: [ATED R 3 P O R " S TI 0F BI E V A D A - 702/182 '?"3 U ___n_m ., . i i ! m, L: __ v. ; ;a, &, , ; - P y x ;1

+

1 of Dr. Landsman's statanent, the first sentence at a-2 ~. n o too o f the page. Sio u l d you t.' K a a l o o !< ri t . that 3 ubere it s r. y s , " Continuing, Donncil,scid that ac"--

-4 A. "Donnell stated that ne-had also 5 infocmed"--

i 3 Q.- Donnell said that hu nad just nad a f

j 7 fight with someone."

8 A. Oh, all right. .

s 9 Q. And it i nd i c ?-t e s 1 .' t e r on that as a I -.1 0 result, Do n r.c 11 said that he was subsequently laid i .

11 off. Do you recall making a statenent to Dr.

12 Landsman that you were laid off as a result o f. y o u r 4

i 13 having been involved in a fight?

!c 14 A. I don't really r e n .im b e r having 15 discussed that with Landsman. I an sure thi t j 19 Landsman  !< n ? w about tne fact ubich had occurred sone

,s.

17 nonths before this, sometime in February, I believe.

13 Q. 'f n a t was before you Secame soils 19 supervisor, was it not?

! 20 A. Yes, and I an sure-that tact uws not i

21 the reason I was laid off. I w.. a laid off because 22 .Meisenneinet nad a geotech rating and NRC was looPia7 t-23 for a geotech. They .iore p r a c t i<: r. 1 1 y d e m e n c' i n g th.2t

'24 e geotech b2 in the job. I sos s o m a va c. c s u r p r i c e :!

25 because Moi:?aheiner had no QA c :< p o r t e n e t? .

4 5

M.I'i O C I n' C D RH90Rf33S F N C V i D?- - 7 0 2 f .' 9 2 - ;' '! 7 '

L- ,,, .a . , .,_ s >>

.. 3 -

% _ r , 4

l 8

• o i

! 2 '4 o u , in the next- sentance, Dr. L.' n d s n n n

-2 s'ys, "I -a onnble to say if Donnell stated his

2 arguaent w l .t h Consuaers Power occurred in propnrctian 4 to the digging, or < luring the actual digging."

5 A. T't a t had nothing to do with the fight,

, 5 because the f i g t. t occurred several months before thic

~7 over happened.

O Q. By thet you nean tne--that the d i g g i n .)

9 nnder the d'ep Q duct bank 7 l '1 A. That's correct. There is no connection-

'll between the fight and the digging of the deep Q dact 12 bank and my tarnination, other than the fact t 'T a t Mr.

13 I43rguglio h e. d been scue what disturbed about the l 14 fight.

, 15 Q. Let's go over to tha nex' attachment 16 which is identified, strangely enough, :s s. t t c. c h m e n t i 17 2, but this la une statenent of Ronald J. Cook who is I

l 13 another NRC itspector attached to the site. And teks 19 a f?i ninutes and just read th r o ug h the'wholc 20 stetenent, it is only two paJos.

21 A. All right.

I 22 Q. Now, looking at the sentence thet--it i

23 is the second santence from t h se end oC the first pnge.

1 l- 24 It starts out, "Donnell naid ha 'te s rs!

. r. sed, h? f41t, l

i 25 due to breiking up a fi J ht b t. tv + 1 some OA p u r s o n n 21.

l l \C'> )C I \TC D li C P ')lt .' C R 3 'h' '! E V >\ D A -

702/3: 2 7 "

i .11 2. h:ler til i. .. L,c ye ., ; _ 4 .ir m'  ;.+t

4

- o- , - . ..

1 00 you r :e c n 11 this ,0 a r t i c u l a r aaoting 2 alth Mr. Cook snortly before- you left LS2 cita' 3 A. Yes. On '4 r . Curland's recommendation 4 that I discuss with Cook his reaction P. o my reopening 5 the application with NRC, I contac ted Cook and asked 6 nin if I could talk to him. fle came out to the 7 trailer which I ucs occupying because I had sold. ny 3 house. This was sonctime after the .l l s t of August G when I had been terminated and a i r c ail y sold ny house 10 and moved into a trailor so I could conduct a job 11 search from tnat area, using the same telephone.

12 Q. Do you rec 311 having made this 13 particular statement?

14 A. Which;one are you tc1 king about?

15 Donnell said he was released due to breaking up a 16 fight?

17 Q.- Yoc.

IR A. Cook had been in the area when this 19 fight occurred and I helieve he s y.a pa t h i z e d v i t. h me 20 on :na fight, but I ild not attribute my layoff 21 because of the fight. I figured I considered that 22 -that had created some animosity'batueen Mr. Marquglio 23 and it night be that he was looking for an

.74 coportunity to Jet rid of uo. But I believe that the 25 .najor cons >n Ecr the layaff i .s that Meisenheimer was

\ d S ')C I.\ T E D REPORTE*13 0F NTVADA - 702/282-3773 e i_W - - ,f:

,eem , T.- Vean2. J o y a . : .- C ') ! 1

E' t -a' .q u a l i f i c ? gootech and I' .m s not.

2 , O. Is .i t correct to ar y you have no i -' 3 s pe c i f i". . r e co ll e c t io n of miking this particular 4 statement?

5 -A. No, I did not. I na sur e .I did not say 1 I ucs released due to breaking up a fight between 7 some QA personnel.

G 2 Looking at the next sentence says, 9 "Donnell told me he told Consunces Power Company that-10 they"--et cetera, going over to the top of tne acxt 11 *page.

12 A. No, I-do not recollect that specific 13 statement.

{

14 Q. Do you think that is likely or unlikcly i

15 that you made the statement cnd can't -remember?

15 A. No, I don't think so.

1 -7 Q. Don't think that is likely?

13 A. That is correct because ct that time 19 the farm we just looked.at was in effect.

I 2n g. Now. vaat bearing does that have?

21 A. Well, the statement is that I told then

27. they shouldn't be digging under the deep O duct bnna I

21 without approval from Ross L t. n d s m a n . I don'>

2 /. . recollect +ver p l c. n n i n g to di j u n e' e r the deep Q ri u c h 25 bank.

/.:1 3 0 " t A T S O 'IEPORTERS :F NOVTDA - 702/ E 2 '! - 3 ' 7 *-

1- t-m i :. . w_ . n-+ m L _ y , a 'f

. ~"1 _'.

p I

1 9 The following sentince says, "In 2 a :1 d i t i o n , Donan11 sts.ted he had 0130 inforaed

Consunc.rs Power Company whan thay vcre n a '< i n g 4 preparation to dig, that they needed approval from 4

5 Ross Landsman.to dig."

? Do you recall making that statement to 4

7 Mr. C o o '< ? l 8 A. 'J o t specifically; however, the ,

f 9 situation was--correction. The situation evolver! into s

(

i 10 ue needed Ross Landsman's permission to iiq anyshere.

i 11 0 Yes.

12 A. That was the reason for the foras that 13 contained one--one of which contained my sijnatur.

[

14 and tho gootech's signature. That was why the forms 15 were devised.

15 Q. Which was the one ue referred to 17 earlier in your testimony?

13 A. That's corrcet.

I lg Q. 14o s , if you would look at the next 20 sentence uhere i t says, "Donnc11 told n~ he 21 representcd a threat to Consumers Power Company i

! 22 bocadse he had told Consumers Po ., a r Company they were 23 in violation o f- La nd sma n 's orders b.rting the I

24 Gigging." Do you re:n11 Saving hnd this particatar f 25 piece of conversatlan .t i t h Mr. Cook at the tino af i

l l A S S O C I a i' E D fl 2 P 3 R T S a 9 DF M E V A D -T -

70? f '92-077':

L 3 .1 : r a .1n, y LJJ a m L,s +1 3- ,, y,vad- qnini

1 bis visit to your trailer?

2 n.  : Jot in relation to the deep duct bank.

3 Q. Nell, in relation to anything?

4 A. There was a general understanding c. t

. 5 Consumara Po ise r that they .se r e not to dig without G La nd snan 's specific approval.

i

~7 0 Did you discuss the general l' ~8 understanding of Mr. Cook at the time he visited your

<2 t r .s i l e r ?

10  %. I rion't really recollect, uo mcy have.

4 11 Q. Okay.

p 12 A. This w ei s r'. >ery short visit to ny 13 trailer, and again, the only purpose of the visit van 1

14 to see i f. he would approve my application or object i

,1 5 to it to NRC.

15 Q. But you have no recollection of a n '/

17 direct conversation relating to specific pronibitions 13 for excovation under the deep Q dact bank?

l

,. 19 A. No.

l l

l 20 2 Thank you.

j 21 Okay. Now, let's go onto your f 22 handwritten statement which is the next exhibit, f 23 which is called Attachment 3. Is that your 2A henduriting t '1 3 t appe4 r0 on this statenen?'

25 A. It is on the .; i d o of th2 page ?n! the-l 1

A390CIATCD .l E P O R 'f S R .; 01' N S VA DA - 7 0 2 / ' ",2 - 9 ~ ' 9 i' 4 * - a , ,a_,_s - . ; , *a c, A. v: . ,

, - ' , '-'of

1- inittels JLD are ninc.

2 2 But?

3 A. I Gi.jned e a r.' h j pa.e ~nd initialad i changes.

5 O. T;1 e n .in body of th- handuriting, whose 5 is tha t?

7 A. I don't k n o w, which of t h.! NaC 0 investigators it uns, I think it was 'cla l k c r ' s becaus2 9 this statenent w. s returned to ne by Galanti for 10 uignature after he and Walker had L1 a d e their firat 11 visit. tie stayed in tosn in Las Vegas and cana back 12 with a prepared statement for ne *o

. sign.

13 2 And di' he ask you to sijn that 14 statement?

15 A. Yes.

11 Q. What was your responsa?

17 A. Negative. I said the statanent was 19 written as if Galanti had written it, nat as if I acd 19 said it.

I I

20 \nd I tol? G a l e :i t i I aauld be willing i 21 to sign tna statenent if I had the privilege of 1

l 22 changing it ta get everything i. <: e n t e :: t .

2 .' O. And did he give you that o p p o t t u n i t y .'

2* A. Yes. As v .2 presiously discuss _c, I 25 nade one particular change on the botton of ??ge 2.

i M 3 0 C I ?. T is D R C P )3?SRO OF N3V13; - 7 0 2 / ' '3 '. ' 7 ~ :,

a11 .

.im, s _,t .! , ,.a, y . _ 'u.i, en w

! 0 in ? thor: uppeared to be other chnages.

.O u , if I--

A. C<cu:o .n s , there is one other partiacnt 4 thing hera. At the Inst of the statement I put o

$ n a *. e doun taere, "Tue abave statenent was prepared by G H.C. Welkor aftar discussions with ne in Las Vegas, 7 W ina nd ty, July the 13th. .i r- read his notes of our 3 conversation, a n 'J I said I'd sign that if you write is it up. Hu said ha would. The obove returned by C.m.

10 G01 anti this date and is true as corrected by no."

11 Q. Okay. You mentioned whilu u2 waru L T- talking about Dr. Landsman's statenent that there was 13 another person who was heavy-set lixo yourself whon 14 you thought it night be possible that Dr. L a n d s m ,$ n 15 had confusad with you. Can you renenber ,; h .' *. that 15 person's nano ra i g h t hcvc been?

17 A. iii s none uss Johnson and h2 w o r K a '! in 13 another scetion of 2A there. I don't ranember his 19 first anu. He is no longer u t t. h :4RC--excuse nt ,

l l 20 with Consonars. He u rs a about the same buil' I W13, i

21 but that is the only thing i can even v:3uely connect 22 with a person that would nava had the same 23 configuration as I di1 that could have been confus:!

24 with ne.

l 35 n. Nou, join] b . . c :< :o the etnibit 9 hic; is

". 3 3 ' C I A T S D 7 PORTb3 ' OP '4 " V 's D A -

'02/3f2-877"

< *1' J. "ana  : f I' 12 i. La ti - j ;, I.v -

!"1

I 1 Att;c?.nent

> to i::< i- i b i ': 2, hat 'a a ' coked at bef)re?

2 A. This? ,

1 Q. Yas. Are you quite sure in y3ur own 4 mind that this e .< c a v a t i o n permit r ela tes to the a :- n .

5 duct b nk o<ce.totion that 'ia s the subjcet of this G investigation by the NRC investigators?

7 A. I taink so because it roads belov d.ep 9 0 dact bnnk elevatian 597 to 535.

9 Q. Did the NaC investigatorc ever discuss 10 this particular document with you at the tine that 11 they --

12 A. No, they did not--whoops, they n-y have 13 discussed it, but I did not see it at that tine.

14 2 Neither you nor they focused on th-15 fact that your signature appeared on it?

l' A. il o .

17 Q. Okay. Now--

! 11 (Discussion off the recor1.)

l 1" Q. (By '4 R . W I L L I A *1.3 ) Back on the record.

1 29 I have asku" you about all the 21 questions I want to r. s k you about thoce various l

22 sritten statements, but if you have nnything else you 23 think that is important that ought to be said abouc l

l 14 then. we sill bc 3 13? Lo listen to t h e r. and take it 25 town.

Y.* S O f: 1iPED 3 E POR P ER:. OF J3VADA - 7 0 2 / '3 3 '. - 3 ~ 7 ?

'i' c n3-- U1 - ,w - v: >; , rf . ! .2 ^*101

1  %. No. I think I awo srid c. bout all I 2 can c. c a u t Landsman's state,cnt. I feci they rre both 3 honecc gantiemen and t 'i r y w e r e trying to reprasent 4 what they thought, but I cannot understand the 5 confuaion about what I said, because I *1ent in there 5 with one purpose to talk to both of then, and that 7 was just on Carland's suggestion that I find out w h r. t S their reaction would be before I opened ny 9 application to MRC.

10 Now, I had a further conieraation with

~

11 Marguglio on Curland's suggestion b e; c a u s e when it 12 becano apparent I was not going to get a ' job there at 13 Midland, even after a discussion with the plant 14 manager, Don Miller, everything seened to be going 15 sour. I went into ask Ma rg uglio ahat his 15 reconmendation sould be if I put his nana on my

17 resune' as a contact. ile said that it would be oKay, t

13 but- it later turned out that I had reason to believe 19 that it uns not okay. So I r:nov d his nome fron ny 20 resune'. I don't know if that has got anything to do 21 with the issoas hare or not. I suspect that it cons 22 not.

23 2 Let us go back then to your employaent 24 at the Midland plant. Do you recall approxiaataly 25 unan you cen - to .i i l l r- 7 d for the first tiae?

\ :i g D C I A ~' B D u s p na ;g R f; OF HCvicA - 702/2p,1-377a ii _ mm i l o . n wr .

q ...

1. . i

1 A. Come time in June of.'31, 2 ') . What were you told be fo re you cane rn1 3 --before you accepted the posicion and c aia e up to 4 :li d l :i n d about'what it would be that you would ba 5 doing?

5 A. Well, I was told that I' would be hired 7 's a Jenior engineer in QA, and with my experience, I

,i 3 felt that I 'so u l d be ultilized, but I wns put to 9 reviewing rtsume's'for a period af about six to eight 10 months, and I voiced my objections to that to 11 management and got no reaction.

12 Q. Now, before you came up to the site, i

13 did you interview with anyone fron Consumers?

14 A. Not until I was on site. I interviewed 15 with a Mr. Turnbull, who was the sito superint,ndent LG at that tinc.

l 17 Q. Bat that was after Babcocx t Milcox j 13 assigned you to :11 d i c nd and you had actually come to l' 9 Midland?

20 A. Yes. The negotiations .ne r e m o d +_ 'a

l t 1 i

21 my boss, Jim Ansell, who headquartered in Lynchourg, 22 and Jim Williams, who was an administrator of all 21 Gabcock people on sita. At one time we had 2; approximetely 50 p e <> pl ' ap taera u n ct o r contract.

25 2 02 you c-crti ny discussions aitner A31::C t A TE D R E P O R ? E R ;.: OF NEVADA - ~q?/332-37"5 a*3 ~ .m, . o 1- , s. ,a -

v.,,2 a .c. y q .- d'?1 01

3 :.

r

! just before or just efter you got r. o - t i. e site about 2 your worting in the site nanagenent offica in

hydrotesting program; that i .s , i nitially when you 4 cane to the site?

5 A. Now, when it became apparent to me is G somehow or other through contacts, I becanc 7 acquainted wi th. Do n Miller, and from the beginning 3 Don sa id I see you,have taken-a position vith QA, you 9 will probably end up-in ny organizatian. And when it 10 became apparent t h a t- I was going to be doing a 11 clerk's job in quality assurance, I asked him to see 12 about moving me. He kept telling me he would try, 13 but--even after I was laid off, he told me he would 14 try and nothing happened. I uns i n t e rv i e w e ri by a Mr.

15 McCue and.that was sort of a cursory interview. Of 15 course'this occurred aftar I was turn--nfter I was i

l 17 laid off before I was terminated.

18 Q. But it is your best recollection you

. 19 began your work initially as soon as you c ri n e to the 20 site, MP240, working for Mr. Turnbull?

21 A. That's correct.

22 Q. And that was late June of '81 and--

23 \. I think I acton11y noved there in June 24 because 1 got be:k fron Arjentina about the la;t af 25 id a y .

AhSOCIATSD R E P O R T Z R '.i CF N ZVA D i - 702/3C?-8770

• 1' r m' fi' '

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a.

1 Q. Who was your immediate supervisor?

? A. I guess you could say Turnbull.

-3 2 Did you have another supervisor that 4 you worked for from time to time?

5 A. After I was transferred to renedial C soils--

7 Q. Let's stick with the '4 P Q ?. D for a nonunt.

S A. I worked with and had quite a few 9 contacts with '4 r . Bird.

10 Q. Did you have any d er lings sith Mr. Mike 11 -Schaeffer?

12 A. Yes, he was the electrical supervisor.

13 Q. ~ 0ut you didn't work directly for him?

14 A. No, I did not.

15 Q. What work were you given to do when you 15 arrived and began to conduct _yaur acti/ities it *1P Q A 9 7 17 4. I was asked to. straighten out the i

1C resume' situation and to get some people in there to 19 h i r ra .

I 20 2 What kind of people were b .' i n g hired?

21 -A. All kinds for QA, all disciplines.

22 Q. For example, i nspectors?

23 A. Inspectors, QA engineurs, v ' o c t r i c .7 1 ,

24 mechanical soils.

25 2 Yoa say you vara ask7d to s t r a i g h *. e a A 3 3 0 0 I .i'.' E D REPORTERG E' N2VADA - 701/302-377',

/11 Sm 'J 3 ri r .7 o i_1.1 c. Av. .

Ls ; v. 1, .a n N a e =i d r- 1ai

d o

e 1 out.tb situation. S h ', t w e. s tne nature of the i

2 ~ problan that you had to straighten'out?

3 A. It saens t h. t they weren't abla ta got

-4 people to fill the slots that vi e r e required.

'S Q. I.n d hou did these resune's come to be G in MPQAD_to be revicued in the first place?

7 a. Some of then had been put in thera by i

F personnel organizations involved in hiring, by 4 9 contract organizations who annted to get contrcct 10 people in there all the way from U.G. Testing to 4

1 11 Babcock, Quadrex, E G & G; all of the o r g a n i c.i t i o n s i

t 12 involved in the assistance to nuclaar plants.

1 Q. In other words, a number of

14 organitations that are connonly referred to as body I

i

( 15 shops?

15 A. That's correct, slatc labor. I

(' 17 reviewed some 1200 resune's in a period of eight i

10 months. Yes, I got punchy at it.

10 Q. Well, in addition to revicuing tho l-29 resume's, what were you required to do?

l

!. 21 A. Reconmend tne ones that should cone in l

22 there for interviews, but I had difficulty getting 23 cnybody to agree with anything. There were certain 24 people in tha Consumers o r J a n i ci. t i o n couldn't aske up 25 their ninds, I g o e e, ; y,u could sny.

I l

l l ASCOCITTED REP 3RTER3 CF NEVAD\ - '02/102-8779 1 -

e >_m .- ,o r_ , . r , 2. . , ; .1 , qn ,

i 1 Q. Nece you required to, far example, 2 ' interview nome of the potentlui c c:nd id a t e s over the

-3 telephone?

-4 A. Yes, I nad? c preliminary laterview.

5 Q. And you carried on this activity more G or_less straignt for eight nonths?

7 A. Yes. .

O Q. Were there ever any connents back to 9 you, Ceudback, about how you were performing your job?

10 A. Not really, c.xcapt it was r required 11 job, they needed the help.

12 Q. Did you-13 A. That u s from Mr. Bird.

14 Q. Did you consider this job to be within 15 the--let me strike that, .. n d start over again.

16 Did you consider this job to be up to 17 the abilities and tr,ining and experience tnat you 13 had accrued over your years with Babcock r. Wilcox!

10 A. No, I did not. I didn't figure that 20 was uTat I was hired for, and I exoressed myself to 21 Mr. Bird and I believe Mr. Marguglio, I d o n ' *.

22 renenber specifically Marquglio, but I do renember 23 t a lt. i n g to Bird and Turnbull that I uns being totally i

l 24 underutilisud. j 1

23 0 Did Mr. Turnbull or anyone else Ovec 1 l

l

.\ 317 C I A T S D REPORTERS OF N C V A. D A - 7 P 2 /18 2 -8 7 7 '

,  ? --_ _ t _ ? - ...__W y_,g 1 . .r . -l a a L.:J _ ,, _

1 t e l'1 you you ware doing c good job witn this 2 reviesing of resuno's and initial interviewing?

'. A. Not really. They just told me it wt s 1 nomoching that had to be done.

5 g. Now, during tne 'ime that you were G i nv o l er ed with this resume' screening you, at least 7 far part of that time, you shared a cubicle with 7 J man named T.K. Subrananian, did you not?

9 A. Yes, he ans East Indian, P;kistani.

1C g. tio w , we talked briefly when we were 11 . going over Dr. Landsmcn's statement about a refarence 12 .t o a fight. was there--wera yod involved in an 13 altercation which also involved :4 r . Subramanian and 14 occurred in the cubicle you shared with him?

15 A. Yes, T.K. was quite an intellectual 16 type, as r. r o a lot of people of east Indian and 17 Pakistan extraction. And he w ss quite a talkar, and 18 I was put in a cubicle with him. I had no objection 19 to him.  !!e was a very small man,-slight. Aad one 20 day a tall Texan, I don't even remember his name, it 21 w :1 s an inspector there, stormed into the c ub icl e .

22 Q. If I suggest a none of Bleckington to 23 you, does that refresh your recollection?

24 A. That is correct, I d o n '.t rencaber first 25 name, but if you sai' it I .; a a l know it.

ASSOCIAT.:D R F. P O R T E.1 3 d? .I E Va u a.

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O 1 0 Rica?

2 A. Y?s, Rica !s i c. c k i n g to n . ti o 1. a t e r left 3 -he company. Rich Blackingtan storned into the 4 cubici.: and Accosted T.K. in a very belligerent 5 manner. I attempted to ignore them for a period of 5 time. They were snouting and screaming so they caull 7 be heard a l.1 over the departmenc; that is, Ri :h was.

3 And he was standing over T.K. who was sitting at his 9 deck.

10 He picked up tae telephone and started 11 banging it on the desk. T.K. tried to get up from 12 h i :s d e s k , and I t ho ug h t Blacking ton w -1 s going to h i '.

13 him with the telephone or something. He was quite 14 belligerent, so-I stepped across the cubicle and 15 attempted to restrain Bl ack ing ton. Bl ac k ing to n 15 turned around and shoved na to the floor; whereupon, 17 I came up ei n d hit him and sancbody stopped the fight.

18 It was not a fight. It was an attempt on my part to, 10 I guess you would say, protect T.K., because !

20 thought he was in danger of being noleste1 souehow.

21 Q. Do you recall the circunstances thct 22 triggered Blackington's entry into the cubicle and 23 his--

, 24 A. Yan, I do. He was shouting sometaing 25 which I couldn't cer11y ig na r e .,b o u t T.K. h .r v i n g f

P

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A Z '3 C I A .~ E D R E P O R ;' E R S OF NEVADA - 7')2/392-87'/3 h d' W il A v :. m m _L a V ~ n 1, V e v s d c. 39101

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=* **

1 <! 1 a l e d into a conynrsation that he w .s it a v i n g with 2 sombody on the other end of the line that he was 2 quite incenued about it.

4 .) . Did they share a telephone line?

5 .\ . Yes. Nobody know who was on the other

ends of the line, connunication s i t u .' t i o n was quite 7 confused. Was right after we had coved into the new 3 trallars.

L' Q. 'l o w , 'v h a t occurred with respect to you 10 and Mr. Bl ac k i ng to n after the--after sonebody stopped 11 _t h e fight?

12 A. Turnbull mudo an investigation which I 11 was a116wed--I would say very little, and reported it 14 to Bird who was in Jackson. And informed me that I

1. 5 would-be laid off for three days.

15 2 Turnbull was your direct supervisor?

17 A. Yes. Everybody was laid off for thre:

18 days except T.M.

19 0 Do you renenber what Tucnbull's titic 20 was at the time?

21 A. Site superintendent.

22 0 And he reported to Mr. Bird? l l

21 A. Yes.

24 , 2 Did he tan- c full stateneat fron 14 r . l l

i 25 S l a c t; i n g t a n about what and hapoened? 1 l

A 3 3 0 C T.\ T E D R E P0 3 T S '13 JF N d V ^. D A -

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"W 1 A. I don't really knou. I uns quite 2 incensed at the tine, and I finclly suba.ued. An a p 3 _mcater of fact, when the fight uns broken up o

4 Blackington came at ne shouting at my face and i 5 turned around and went back to m y d e s 't and told hin I 6 wasn't going to talk to hin, I.was so disturbed.

7 Q. But was your feeling in the avente t h r. t 8 happened after the fight, Mr. Turnbull did not listen 9 to your side af the story; is that correct?

10 A. That's correct. Snortly after tact, 11 Turnbull w e. s removed from his job and put into .a n 12 administrative job, Quite a few people were upaet 13 with Mr. Turnbull.

11 Q. Lou were your relations with Nr.

15 Turnbull before?

15 A. Standoffish.

17 Q. W h :i t about before the fig h t ?

13 A. lie was superintendent, and I was t a ug ht 19 to discipline nyself in the Marine Corps, so I put up 20 with him.  !! e was not an intellectual, he wasn't aven 21 _ technically competent as far as I was :oncerned.

22 Q. Now, do you remember wn-s t Mr. Curland's 22 position was nt approximately that time, say, th-1 2 ", tinu b e f o r +. tha fight?

15 A. Curland cane in ther: latur. ,

l 1

l A s s oc I.i.T s 3 aseantsus or asvios - 79?/ 19 2 - t' 7 t  ;

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1 g. After the' fight?

2 A. Yes. 11e wcs a PAC, P-A-C, all caps, 2 contract em pl o ye e who was_put in there by 4 Professional Assistance Corporation. Ili s previous 5 job had been with Slectric Boat, out of Connecticut.

5 They nake nuclear submarines. He was quite a 7 comoetont 2A nan and was in there by PAC to take over 9 Turnbull's job. He was the vice president of-PAC.

9 2 Do-you r 2 c a l l. approximately w' h o n the, ,

10 if you can just refer to-it for shorthand as " t ' v. .

11 fight", when the fight took place?

12 A. Some time in the early part of the y e <. r ,

li was right after we moved over from the engineering

14 building.

15 Q. Some time in January s o u n :1 abou: right?

'15 A. January or February, I don't know.

1

(

17 Q. Do you remenber when Mr. Curland c :i m e t

IS into the o rg an i za t io n ?

l 19 A. Shortly after the Fight. it i s first 20 question is why are you doing tais sort af w o r .<

t

.21 nround here.

l '22 Q. How were your relations with Mr.

23 Curland generally?

~24 A. E x c e l l. e n t .

25 Q. Naula yau sy y>u and he were personc1 Js .i3 0 C I A TS O ;iM P >llT Ells O F N3VAD\ - 702/33.1-S771

• - W *A

, Ve cm .1 s dc '; 91 :11

e' e.

'. Criends or bccana personal frienda?

'? A. Not sticky, bat we were friends. Later 3 in the y. a r after I h a '* been on the job, n2 :ene over 4 ta the housa for d i'T n e r and his bosa, Dr. Goldstein 5 ' rom the mist coast of PAC cane over, and we are 6 rather gregarioun people, having been around as much 7 as we have and ny wife likes to catertain.

3 Q. During the time that you were screening 9 resume's, you indicated that you re!1y thaujot that 10 this was beneath your level of skills and training.

11 Did you--

i2 A. That is incorrect, it was acnial.

13 Q. Was it your desire to obtain a more 14 responsible position?

15 A. Yes, I t ho ug nt I could be of some help 15 around thera.

l 17 Q. Could you g iv e us a description of the 13 efforts that you made to get a note responsible 1

l 19 position?

20 A. I talked to Bird a couple oE times, and 21 tt bc Ano vary apparent Bird wasn't joing to listen l

22 to me, so I knocked it off. And then in screening 23 the resume's, they were trying to get at NRC's l

24 instigation a :i/il engineer in a job in soi?3. Ona I d , n ' :-

25 af the saper icara in the no hanie :1 section, sca r:I s r.:o upaarca: n s e ve, ce, - =cznn2-;77:

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1 ranenber- als n r.n e , ia u t e -a .. cao : lay and he says hou 2 come they. hired this guy, acres, he is not ven.a 2 civil engineer and you ace. .\ n d I said nobody asked 4 me, Tarnbull has known ny qualificc.tions c/er Jinco C

! 5 came here.

t S And then shortly after that this 7 gentleman l e. # t, and Curland came in. And Curland i

G evidantly had had some contact with him befo re. And

. 9 that- 13 when Curland says why are you doing what you 10 are doing here, you are qualified fo r other things.

11 Q. Now, do you recall a situation in which

. 12 --woll, strike that. Let me start over again.

13 You refer to a Mr. Acras. Do you 14 recall exactly what the position was that Mr. A7res 15 held?

15 A. He was in remedial soils working for I' 17 Don Horn in a position which required a civil 13 engineer and which NRC had been esking that a ci/il 19 cngineer be put in.  !!c was not a civil engineer. He 20 was an ex-Dow Chemical employee and_I had tecommended 21 several other civil engineers for tnat job.

12 Q. Do you recall speci'icelly Dr. Landsman 23 r2 questing that the company have a civil engins'r put 24 into - hL position?

25 A. Tnere ans q u i t e. a bit of discuasion at

.\ S 9 0 C I 's T E D R '; P O d T il d S 3F NCV40A - ~' 0 2 / l o 2 - G 7 "

' ' u *i n e r ?t!. o o v.- s' -8 . 191. 1

1 the t i m i. . I don't belie >'; ~ ever t .' l k e d to Dr.

2 Lr nti nn a n r. b o u t it, but again it Ja5 just coanon J knowledge in ny job that N !1C 37nted a civil engineer

< and thet Landsman wasn't pleased.

5 Q. With the fact that A.: r e s didn't h .4 s e a 1 civil background?

7 A. I think he had  ; political science or a 8 business a d m i n i s t r a t. l o n . He h e c' no QA CMperience nor 9 a civil enginearing degree.

10 Q. Did you at node point replece Mr. A- r e s?

11 A. The thing was re-organized and I don't 12 know unether I raplaced him or not, but he was obved 13 over to another position in civil engineering under 14 Horn. Ile was opposita ne, I had the remedial soila 15 portion of it.

13 Q. Do you recall when this ra-organization 17 took picce approximately?

13 A. I -l o n ' t know whether that is in ny 19 little book or not. I an startin') to 'l i s t r u s t this 2 ') little book.

21 Q. If you have something thare--

22 A. I think was sometine in March, was 23 still snowing, a l w .' y s snows in +1 i c h i l . i n .

24 2 Coos the end af March sound 25 i ? p r o x i n .n t.' l y cart:at' A " ' U C l 3 7 ?. D R is P % T E R O OF :!C V \ D ' - ~ ' ' ? / ^ ^ 7 - ! 7 E

,; 1 L m'1 v3m n L i .. U. ; an 1 i r -1. ' 1 P 1

. .. l 1 A. Y9s--no, I don't. think--I don't seem to 2 hava a n y t. h i n g in here, I think was sone tiae in M i* r c h .

3 Q. But was four understanding that you 4 were put in the position of renclic1 soils supervisor 5 or whatever tue right title is as a result of the 1

F. i4 RC ' s criticism of Mr. Acres?

7 A. That's ,: o r r e c t . Curland and I 8 discussed it several times. lie was the one tnat was

9 primary in getting me into the job because I .v c c .

j 10 eiv11 engineer and hsd QA expericnce.

11 Q. Go by this time Mr. Curland had 12 replaced Mr. Turnbull; is that right?

13 A. Yes.

d 14 Q. And you had a number of Jiscussions 15 with him about it be fo re it happened?

15 A. No, it all evolved pretty q u i c !:1 y ,

i 17 because I came in one Monday norning c. n d Turnbull nai L

13 asked me como up with a plan; Acres, llo r n , ayaelf, 19 for rc-organization of the civil engineering 20 discipline. And I drew up some organization chrtets

. .21 and I was porticipating very little in the i.

22 :onversation, t ra e conversation via s being dominated by 23 Acres and others. And I said all of a sudden how 24 about me up here, I was letting c little v512:ed o ff 25 at the procrastination. ~3 o n t h o w or other Cur 1And Jot s A S S O C I A '.' E U il d P U R T E R 3 4 NZVADA - 702/392-37'I' l- ,i - _is., s . ., u_..-  ; 9 y) ; , _

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1 in on it, I don't ramember the dctalla, a n <! <.1 1 of a 2 c u d .1 e n I endcd up there. And that is just the way it

~ evolved. It all happened in one day.

4 0 Do you recall peopla using the terms 5 " soil czar"?

5 A. Yes, Curland used it. That was a l 7 favorita tera of his. That is how he described the 8 job. .

') 2 What is the actual technical title you 10 held in this job?

}. 11 A. Remedial soils supervisor under Horn.

12 Q. You took on that responsibility 13 approximately tho'end of March?

4 i 14 A. Yes.

15 Q. What--I gatner that this was reslly 15 note a result of your generally asking for more 17 responsibility and Mr. Curland specifically putting 18 yo u in this job, than you applying for this

- 19 particular job; is that correct?

20 A. Yes. I got the impression ha had quite 21 a probl2m with getting that approved noneuhat 22 reluctantly by Bird and Marjuglio.

23 0 What were your duties as renedini sails 24 superintendent?

25 A. Supervisor.

N S .3 0 C I .W S D a Z 9:)R T E R S - 01:' NCVAD\ - 792/332-27'3 Ai i r _ _-  % n -- . .w 1 ,

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• 7 ,. 1 cus :'? - 3 91CL

1 Q. :J u p a r v i s o r , excuse ne?

2 A. I had a coction of inspectors who warc 2 supposed to do--strike that--inspectors who were 4 s uppo sed to do over inspection of the soils work on 5 site uhich uns concerned with underpinning of the 3 diesel generator and auxiliary building, and a QA 7 section h u ,7 d e d up by Bob Gevo, Q\ engineering section 8 headed up by Bob Sevo. The inspection section, after 9 sone ground work on my part, I nanaged to get 3rian 10 Palmer, who I had a great deal of resocct for, in as 11 the head of the inspection scetion, basically because 12 Palmer had good experienco. He expressad himself 13 well, and he was well qualified for the job.  !! i s 14 approach to problems was quite direct and narrow.

15 2 Go your duties involved supervision 16 hasically of these two sections, the over inspection 17 group and the QAE's?

l 18 A. Yes.

.19 Q. What did that involve, what were your

(-

1 L 20 day-to-day activities like?

21 A. Knowing what was going on on-site, 22 reviewing their work. Bob Sevo had several people,

23 they were reviewing the documentation and the 24 inspectian function, I was there. I got around all I

25 the time to see that the inspectors were doing their i r i

i i ASUCCIATCD R E P O R T S R 0F G C 7 t. J A - '2/3'?2-9773 L- . 1 he_._, g ,;

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.4 i job. i / ~ .s y al te often taere on Sa t u r t' a ys snd

? :undays 5 'iuae worn a.s going on, .. n d g e n e r c. l l y i before ! Jac P a l :a ._ r in there 's sapervisor af tha 4 inspection section, I u. s nore or less r u n n i n.3 t 'a o

'i inspection s 7 tion.

5 2 Did you have--were there any particular 7 i n d i v i d u r. l s in 4PQAD witn uhoa you had p-?rticularly C bad relations during tais period?

9 A. Not particularly.

10 Q. 'n a s there cnyone thit you ran across 11 ..hom you didn't think uns doing his job properly?

12 T. No. I did have some words with John 13 Shaw as a result of a meeting, and with Don llo r n , my 14 boss, that cortain things o ug h t to be cleared with 15 La nd s:aa n before they wore done.

15 Q. Do you rsmember .s h e n that occurred

17 A. Not specifically, no, I don't.

l l

15 Q. Do you romanbar what the subject netter l

19 of what those t h i n -J s were th?t should heve been 20 cleared 91th La nd sn an ?

21 A. They h r! to do with tais AL33 o r :i e r .

l 22 0 Can you renember specificall.y wh: t w o r !:

f 2'i it wrc that ucs involvei?

2 '. A. No. Was just generally the ci > c r a nc a 25 aita t '.i c q with things as ; result of :he ?. L G B a t :1 s r ,

A , 0 0 C ? .\ T C D '? C P O R -J E R ti 'W 1.s V A D A - ' O ' / 3 1 2 - ? '/

Lu__r_. a w . .o ;7 1 i, M- . u , -! n .ioi

i. b erau se that k .? >:' t Toning is p in t ;: > neatings in

? i+' i ; h : r ' s trailer who w :s :ne superintcndent of

? canstruc'ian thar. for de htel.

4 g. Yo u r direct supervisor was Mr. llo r n ; ia 5 tant correct?

1 A. Don 'io r n , he w :s haad of civil 7 engineering section.

8 Q. How were your relations with 24 r . Hocn 9 generally?

10 A. Sort of s t r. n d o f f. i s a . I was never--I 11 vent to Curland one time and told hin thest I wasn't l? really being allow 2d full f r e e 'l o n in doing ny job 13 because Don Horn was trying to keep too tight a rein 14 on me.

15 Q. In what respect were you not being 11 given full freedom to do your job?

17 A. Well, a number of things. Marjuglia 10 wanted me--Curland vanted ne to go to neetings, 19 Margoglio w a n t a ri Horn or canabody elau to go to 20 meetings. And ended up I w ". s going to neotings, llo r n 2L was going to meetings, Savo ws going to nectings.

22 And I expressed if I a ra going to the neetings, why 23 the hall is everybody aise there?

24 Q. Nere t ci .? r e o r e t 1 u l .i r meetings '- S a t 25 t 'a i s s .' s a 'i r es sed .3?

' :; '; O C : \ T C O

. .l E P'):l T S R G OF !! C V \ D T - 702/'92-17'i 1i w  ;-an,._.,'1 .^-__ L ;; V , _, ' _. 'O'01

1 A. These wire t h -e s. e c k .' y m a c t i n g a .

~

2 a. The F r i d t. y weakly project ne2 tings?

O A. Yes, in Mr. Fisher's tr711er. ile 4 presided at thos'o uaatings, >r his designea, and they 5 <e r e essentially scheduling meetings. Were a t e. e n d e d 5 by Shau who w:s the engineering representative for 7 remedial sails: Mooney, who was th2 executive

, 8 director, never did find out what that exactly means; 9 and a Mr. Boos, B-o-o-s.

10 g. During this period when you were soils '

11 supervisor did anyone a.: k e directly to you any l

12 adverse connents or remarks z. b o u t your performance on

-13 .this job?

14 A. No.

15 Q. Now you mentioned you had Brian Pa ln e r 15 in as haad of your inspections and you s=cm t o ' s p e :. k 17 ve r y h ig hl y 'o f Brian Palmer. ' tio w ware your relations 18 generally with hin? ,

19 A. Good, I tt us ted him.

i 20 Q. What about s o 'a c of the other people who 21 ' u o r ': e d for you, for example, Mr. a u t. t e r wo r t h ?

22 A. Butterfield?

23 Q. Yes.

24 A. He reportad ta Bob Sevo in 04 25 engineering.

.a A3 3 0C I WE D REPJRTERS OF N E V.*s D N - 702/3'22 ',77.1 l

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A t

• a n ca . . , a s 1 1 , , 3., u ._; vc . _; , .i e v ,,,t a 091p1 )

1 2 So you didn't sork ciractly with hin?

2 A. No, not really. He was sort of 3 atandoffish. .

4 Q. Ilo w about Mr. Sevo hinse l f ?

.5 A. Sevo is a '/ery opinionated guy. Ile had 4 a lot of knowledge about the job, he had been there c 7 long time, he was c well qualified 2A engineer, but 0 Se/o gave ma the impression, and I discussed this 9 with Palner several times, as b e l'n g nor= interosted 10 in Bechtal than he was Consumers. ile was a Bechtel 11 e ta p l o y e e . Sevo scened to resent me being there. I 12 guess he ihought he should have it.

13 Q. Okay. So as part of your job at least 14 you thought from some of tue directives you had you 15 had to attend all the Friday weekly neetings?

16 A. Curland insisted on it.

17 Q. Did you in fact attend most of th>

10 meetings?

19 A. Vast najority of them, yes.

20 0 Did there come a tiac when you stopped 21 attending the meetings?

22 A. Not until I Jas removed from the job.

23 2 has it within the scope of your dutica 24 to a t. : a a.! Ontranc~ nd exit meetings for NRC 25 inspections?

A S ' J C t .\ .' C D REPORTERS OF N S V '. D i - 792/392-S770 1- r . m ., j1s. -

1 .a u L~,n g..v,c- ntr.

-1 A. Yes w *i o n ' t h e y c r. l l e d . u s .

? Q. Do you recall h a v i n g _ a r. t e n d e d a

~3 particult.: NRC 2xit .m eting on the 21st of May, 1982?

4 A. I attended _several meetinga, but not 5 all of them. I t r. i n k Palmer and Sevo attended some 6 of them. Which neeting are you referring to? I 7 c a n ' t--

3 0 I an going to show you a document which 9 is another attachment to ane of these investiJativa

'1C reports. i*h i s is Deposition Exhibit 3, the L'ptember 11 12 t h ,- 119 3 3 report of investigation. And I want to 12 show you Attachment S which is a June 4th, 198?

13 memorandum signed by D.E. Horn and addressed to 'd . R .

14 Bird, B.W. Marguglio and M.A. Dietrich, and thia L5 purports to be a record or minutos of an exit nauting 15 neld on May 21st, 1932. You can either look at your 17 own copy or my copy.

13 Raason I ask you this is you vare shown 19 the a--the attendees. list is a little obscure. Whil l 20 the text of the document indicates the exit areting 21 Look place on the 21st, the actual attendance list is 2'2 dated 5-19, but I believe the right dato s h o u l e' have i

i

23 been 5-21. In any event, your name appears on the i

1. 4 attendance list.

25 2ould you r e .r i a u that mamornndum for .1 e i

A S 3 0C t .m: D R d P JR TE!:S OF :4 d v A DA - 701/332-S'77 i . , , , r - r u ,im r_ re- _u. .s , , - . u m . . ,. e : e.1 01

76 1 r.

1 and tell ,r: whether you have any recollection of

? ittending that exit neoting?

3 A. Doasn't say where this necting was.

4 2 .1 don't think it does. -

5 A. Could.I ask a question?

5 Q. Yes.

7 A. Nas this meeting on Friday? What uns 8 the rl a t e ?

9 0 It is ny belief that Mcy 21st was t 10 Friday, but we can verify that.

11 MS. NRIGHT: It was.

12 -THE WITNE3S: I don't really recenbar 13 if this neeting was held in Fisher's trailer or up in 14 .the engineering building on the second floor. Fron 15 the list of people and the subject: tio n i to r i ng of 16 Fines, I remenber one meeting where Butterfield was 17 invited because he had had some experience in the i-18 nonitoring of fines, and I notice Palmer v .93 alsa 19 there, but I don't see that Bo b w,s there.

20 Q. (By MR. W I L L I Ai4 3 ) Is Butterfield on 21 the attendance list? Let's look at the attendance 22 llat which is actuall y on the next page?

21 A. Okay. Here is Butterflald, yenh, 24 second one from the top, I noticed nir in the boly of 25 it on monitoring of fla23--

ASSOCIATCD RSP.r':CRS /.' F S' C V A D A - 702/0S2-077",

a t > ..,m , ,_ .o . r w -e y ..a-

. > c.1 o t

2 I

j 1 Q. I don't want you' to simply repeat 'th a t i 2 is in the document, my question to you is do you

1 renember ?

a v i ng attended.tnis p r. r t i c u l a r meeting?

4 A. I was trying to relate it from the

'S contents of the meeting'and I really can't.

G Q. So this document does not refresh your-7 r e c o '. l o c t i o n about the cont?nts of this aceting?

-3 A. Mo, the one I uns remembering 9 -spe:lfically was Ma rg ug lio attended and I don't suc .

10 him on there.

11 Q. Lot me just propose to you there unce 12 several meetings in the two or three day period 13 anding on the 21st. There. were other individuals 14 have referred to a meeting; an NRC audit of Connumers 15 Power activities which took place on the p r ec ed ing t

15 doy on the '2 0 t h . And I think there may have been

[ 17 even two meetings on the 20th. So there were a lot 18 of meetings during that period.

19 A. Yeah.

i l 20 Q. If you caq't remember this specific i

21 meeting that is til right. .

22 A. Nell, 5-19, that is not a Friday.

23 Q. No, but you see this is the exit 3

. 24 r.: c e t i n g and the t 3x t of t h .e meno of the minutec 25 indicates that tue nit me. ting took place on 5-21, i

ASSOCI.iTEC .t E P O :< T E R C O f' N E SI A D :\ - 702/382 517'*!

- _ -- . _ ___ ..>. ._ u - ,- a ,w .

e i*, t , t- , m ,_:_ 1 er an ,atn1 i

s -

l r

1 ei n d i t is ny-g_uasa that that 5-i9 on tha last p.23e in 2 . nisprint?

3 A. Satrance meeting on S-19, exit aueting 4 on 5-21, you are ccrect.

5 Q~. .N o w , 1 coking at these particular 6 ' subject matters that were discussed, does that 7 rufresh your recollection as to anytning that 8 occurred at that particular meeting 7 t

9 A. I rencaber a neating that Butterfield 10 was called to because_he uns.the expert on fines and 11 he got into quite a discussion an fines with Lanitman.

-12 Q. Do you rencaber any discussion about 13 backfilling of excavations that h <4 d been made for 14 utility protection at any of these mee t ing s?

, 15 A. I remember something about it, but I i

1G don't remember-the details, I don't believe thct h?J 17 any connection with the deep Q duct bank. Taat via s a 18 separate issue.

19 0. Do you have any recollection of Dr.

( 20 Landsnan boing at any of these meetings?

l

! 21 4. Yes, I do.

i l 22 Q. Well, do you recall Dr. Landsman i

j '! 3 3 0 ting in substance at any o f thes.e meetings t h .s t 24 there sas to be no a .< a v . a t i o n under t5c ?eap Q . ac t I

j ._ 25 bana .. ithout nis s p e c i f i .: approval?

I i I t.

'I E V A D A - 701/362-3"7'i A:' 3 0C I /i T E D R E P 'X T Eni S GP

[. 1 - - __ i.. ,__ r . .. , , ,, 1

1 4. Yes, I generally renduber that o

2 s ta t emen t , but I don't know whea it was made.

3 9 When you say you don't v. n o w whea it was 4 nade, are you confining your time frame to this few 5 day pariod--

.I am talking about a specific neeting.

A.

7 i don't renember specifically what meeting it was 8 said in. As you say, there ucs a proliferation of 9 meetings at this time.

10 Q. But you think at one of these meetings 11 in this tima frame of tha 19th to the 21st such c

.12 stateacnt was made?

13 A. -Yes, I remember a statement about 14 overything being Q.

15 Q. Now is that what you mean vaen you 15 refer to Dr. Landsman's statement?

17 A. And La nd sm a n got sort of disturbed, 13 seems it is my reco11cetion, thct everything 'v a n 0 L9 and everything that was Q voald require his a p p r o v a l.

20 to proceed.

21 2 That is what you were referring to just j l

22 a few minutes ago when I asked you the question about 23 hearing this in the aceting?

24 A. Yes.

25 2 :n other words, Dr. Landsn.n's generic ASSOCIATUD '18 P OII T E 3 3 0F 'JCVACA -

702/332-37'!3 4' ' " _ h t 11 , swn,n;  : n , , , f -. 7cin1

~1 statemant t?w everything tant was Q in the--

2 A. Everything sas Q.

Q. And t;t a t everything, therefore, would 4 he subject to his approval?

5 A. Yes. That started out, there was a 5 discussion, I don't remenber who was involved in it 7 and I < lid not get involved, that sone things had 8 started out non-0, and that is what triggered 9 Landsnen to ssy, well, everything is being a now 19 because of the ALGB order.

11 Q. Well, do you renember Dr. Landsman in 12 Jn y o f those meetings having directed that comment 13 about everything requiring his approval specifically 14 to the excavation under the deep Q duct bank?

15 A. Not directly, no.

15 Q. If you don't remember--

17 A. I don't, I an searching for soccthing, 19 but no light turns on.

19 Q. Okay. '4 o u , let us turn to 2nother 20 matter and I want to shou you a few note document.s.

21 Let's just atart off with this, will bc 22 Appliccnt's Exhibit 4.

23 (Tno docunent referred to .i s 24 thereupon a a r L c '1, " A p p l i c J. n t ' s 25 3x5thit r4 o . 4 for V: 0 3 0 I A T P. 0 RSPORTERS OF .4 C V i O A - 702/332-8772 1 ,, .. . __ .,- . 1 . , , ,, ,

o_ ,

.,,,,3 ._

r i

i Identification," and is a tteched 2 to the original transcript of 3 this deposition.)

4 Q. (By MR.. WILLIAMS) Applicant's Exhibit 5 4, just for the record is a document which carries a 6 title across the top of it stop Work Order, would 7 you examine this document fo r a few minutes?

8 A. Yes, I recognize my sign 3ture on the 9 bottom.

10 Q. What is the natura of this document?

11 A. It refers to a' condition requiring the 12 stop work sction, hitting of an electrical duct bank.

13 I guess that is the one we were talking about i

'14 previously.

15 Q. This incident involven drilling, does 1G i t no t?

t 17 A. Yes.

la Q. Are you able to state basad on your l 19 present knowiedge whether the drilling into the duct l

20 bank which is referred to in this document is the 21 same duct bank ns we were talking about betore with l

i 22 regard to excavation-underneath? -

l 23 A. I believe so, yas, but I don't think it i

24 has.anything to do with digging below the auct bank.

25 Q. Rigan. T't i s is e different incident?

l I

AS 3 OC I ATE D R2PORTSRF OF N' C ',* A D a - '02/322-5773 u , _ __m a 3 r, 1; 1i> m, w a ,1 , n.21

1

.1 A.- Yes.

2 2 Wh a t- is the date of issuance of that i .stop 'vo r k .o rd e r , if you can tall ne?

4 A. Issuance--it was approved by W. Bird on 5 5-19 uhich was Wed ne sda y , :49 y t i. e 19th, I was aware 5 of.some of the circumstances--wors was stopped on 7 4-23 I really1 don't understand the tining on it.

P Q. Let ne offar another e x 'ii h i t here which 9 vill be Applicant's Exhibit 5 which perhaps could 10 clear up the timing problen for you.

'il (The document referred to was 12 thereupon n a r k e d *, " Applicant's 13 Exhibit No. 5 for 14 Identification," and is attached

~

15 to the original transcript of 16 this. deposition.)

17 Q. (By MR. W I L L I At4 S ) First of all, just le for identification, this document is on Consumers 19 Po we r Company's letterhood, dated April 28 l'3 8 2 , a 20 letter fron D.B. .4111er, sito menager, to L.E. Davis, 21 Bechtel Power Corporation.

..22 Could you describe the impart of that 23 letter?

24 A. This latter confirns the verbal stop 25 work directive. It is evidently this stop work A3SOCIATED REPORTERS OF N t: VA D N - 702/332-977

i s -

.%. ,. . . . , r .. .L e

.r. ., j e, i e i

... c. .

riirectivi we are talking i,b o u t in Exi11 bit 4 si3ned 2 o f.f by Bird on 5-19. It says, "provided to your ir.

3 Joan Fisher by our Mr. Bruca !! . Peck at ., bo u t 10: 30

.4 a.n. on April 28, 1932. The stop work applies to all 5 drilling operations and' sheet-piling actisities by G Mergentine Corporation, and its subcontractors, in 7 a l.1' Q . a n d Non-Q' areas. We are very_ concern?d about a the lack of control by Bechtel over time activities of 9 Mergentime..."

10 2 Now, this other document which is 11 Ap p1'i c a n t 's Exhibit 4 is a-Gtop Work Order issued oy 12 MPQ4D, is it not?

y 13 A. 't e s .

4

14 Q. And what--you mentioned that your 15 signature appears at the bottom of it. Snat d o u .s 1G your signature signify?

17 A. Completion of the corrective action and l

r 18 the stop work listed.

I 19 Q. What was the corrective action that .a u t

20 recommended?

1 21 A. "Mergentine drilling procedures C-195-2, 1

22 (Ground Water Control System - Mo r e t r enc h) " thrt is .,

i i 23 title, it is an o rg ani n tion , "and C-195-57 24 ( I n s t .- 11 a t i o n of '.'l e l l Points, Cjectors -i n d i

25 Observrtion 'le l l s - M3rgentine) revised to provide ASSOCIA?SD R3P3GTERS 3F HEVADA -

'02/332-3775 L- .s e u- . . . . . . 4- t m s e s, u. .s, ,imo. ,i a e ri i e

. - _- . . - .- = .

f~

J' 1 survey controls.and verification to assure loc, tion 2 of utilities prior to drilling by the subcontractor."

'3 2 Now, you were involved in sont uay in 4 the observation of this incident when it first 5 occurred, weren't you?

5 A. (No' audible responso.)

7 2 Ne ron ' t you on site and observed the 0 drilling being done at sone . point?

i-9 A. Well, 'I believe this is the instanca 10 where I came to work Sunday morning and noticed a 11 drill rig that-appeared to be out of position, and I 12 called it to Palmer's attention and I believe I 13 called up the inspector, who was et hone. And'I was 14 told that they had stopped drilling in that position

. 15 and that was the instanca where later on Monday it I

l13 . occurred that they found out that the electricol l-17 ducting had been ruptured and the drill mud was 13 coming out in the junction box of the aux building.

19 And I discussed this with Palner who wss in c h,t r g c of i

l 20 the inspectors and Palmer said that he would be sure 21 there was-no more drilling dono in that location.

! .22 Q. Okay. I would like to show you next I

. 23 which will be Applicant's Exhibit 5- excuse as, ', a 24 copy of a revised no ncon f o rma nc e report, which I I

25 believ9 relctas to this particular incident.

I

,' l l A330CIAT3D.RSPORTER3 OF II'2 V A D A - 7 'J 2 / l G 2 - 0 7 7 3

. _ r ', m . ,t  ! L, i .r , .. . u s- x. t_ , a -- <' i o i )

.: . s 1 (The document referred to s r. s

'2 thureupon marked, " Applicant's 1 ~E x h i b i r. No. 3 for 4 fdentification," and 11 attachad 5 to the original tr.1nscript of G this depositian.)

7 0.- (By MR. WILLIAMS) Now, whrt I want you 8 to focus.on-is two things,.whether this refurs to the 9 incident we have been_ talking .

' bout first of all and 10 second of al! what is the corrective action tant is 11 recommended'in hera?

12 A. This concerned the danage 'o f the

. 12 conduits in the duct bank, I presume this is t !i e same 14 ~ situation, and the report is'by C.E. Marbour, it is 15 requiring the repair of the ducts. Il a r b o u r was an 1G inspector-that worked for Palncr.

17 Q. So he was also indirectly und-r your 13 supervision; is that right?

19 A. Yes.

20 2 Do you recall what w. s require! for the 21 rowork of the ductc?

22 A. Not otnerwise on this report that

?' C<amined cabl.es for danaged outer jackat, I think it

~24l goes per sa that tha cables wer> not shorted out 25 bec3uae, but i t also in evident thnt the outer jaciat 1

A '3 3 0 C I A T C D REPOR?CR3 0F '4 E V i O A - 792/332 '377" Ai1 C. Bonnavill- ?v .. Ln. V,1 sa 'er. 'a '"101 j

~

I was r' a n s.g c d b e e r. a s the m cer c ue out in t h ::

? ianction box, but that would only indiceta d'nega to 3 t W. ;enduit containing the cabic and not the cable.

M Q. Rignt. Now, < lid you over b e c o:n e aware 5 that some sort of digging or excavacion or trenching 5 would be required to carry out the repair work that

' is refarred to in that nonconformance report?

8 A. Not specifically.

9 Q. Did you ever become cunce of any kind 10 of NRC hold or point or Stop Wor < Order vnich relcted 11 to the repair, s pec i fi call y the repair of this duct 12 bank from t'h i s drilling i nc id en t?

13 A. Not specifically.

14 Q. Now, your signature on the MPQAD Stop 15 Wark Order, does it indicate that repair work sio u l d 11 go forward, or what, if not that, does it indicate?

17 A. It indicat2s a completion of orrectiva l

13 cction has been verifiod. "VerifieJ C-195-2-4 and 19 C-195-G3-3 have been reviawad, approved and issued as 20 controlled documents by Document control, by MPQAD 21 with appropriate controls and verification macnanism 22 provided. ,

23 "Bechtel procedures F '. C 5.100, Rev 0 21 c cv ieum! and approved by iPQA D, s i g n e.: off by ,- l '

25 ?arties and is in the pra~aas of issue, uita A 0 0 0 ~' I A T E D 38PORTCn3 0F N i: VA D.\ - 7 0 7. / '3 2 - d '/ ~ ?

a 3.. .w ,g t; y .

3-

o- .-

! 'opropriate craining conducted on May 25, 1931." a nd 2 t h s t- the Stop Nork Ordar had been listed beenuse ts c 3 had. verified this corrective action.

4 O. So the only thing that Step Nork OrJer 5 goes to ~1s t in o procedures, it doesn't per se allow G the' work to go forward?

? A. That is true.

Q. ?lo w , the corrective 7ction that is 9 referred to- in Exhibit-4, with respect to procedure, 10 field procedure FIC 5.100?

11 A. Yeah, excavation pernit systen.

12 Q.. That is the excavation permit system 13 and that document I an going 't o show you, Attachment 14 5 to deposition Exhibit 2, and ask you if that 15 attachment is the procedure that is referred to?

I li A. I believe that is the procedure that i 17 set up this-form.

( '19 0. This form you are now referring to, t-

'19 Attachnent 5?

20 A. That's correct.

! 21 Q. To the deposition Exhibit 2 which is i

22 entitled excavation p a r ta i t . And this is a systen

! 23 which allowed further excavation and/or drilling to L

l 24 go forward, right?

25 A. i'o the extent lo'ineated on un i

! A:iSOCIATCD :1 E P O R T E R 9'-J F NSVADA -

702/332-C 7" i' Em Bo nn :" f il , ,- . L et o Ve n e. s , al . -

dn ' c 1. o '

o . -

-- I ap?cific c :: c a v a t i o n , for. instance, this CP il is 2 Excavation Permit 45, and it s t.i t e s the location and 3 limits of e < e. v a ti o n is a 12 by tarco foot pit below 4 _daep G duct-bank, elevation 597 to 505. That means 5 excavetion is p a r .n i t t e d between the limits of 597 to 1 585 in the deep Q d ia c t bank ares.

7 0 But this has nothing to'do with nny, 8 with approval or not of any repair work on that deep 9 2 duct bank conduit, right? ,

10 A. No. ,

11 0 That is all I.was trying to get at.

12 A. Oh, I am sorry.

-13 0 Now, if you wo ul d go back to Exhibit 3 14 and-go back to your statement in the back of that, 15 loo < at the paragraph on the bottom of the first page 11 and the first part of the paragraph that begins on 17 top of page 2.

18 A. Yaah, encuse me, yas.

19 0 Now, you indicate in the paragraph that 20 begins on the top o f page 2, "I cannot to t.t l l y r e l r. t a 21 'ti t h the deep Q duct b e. n k ; however, I do recall a 22 drilling rig which at the time I felt was improperly 23 po s i t i o n e'l , et cutera."

24 Now, is this drilling rig that was 25 iaproperly positioned, is this t 't e April 2 2 n<i ar 24th A t' C g C I A T E D REPORT 530 SF N E V ; D 's - 702/ 1'32-377:1

?* t -a.nm .<'! , s., u v. - u_ Jev /r 3,1c_

o

g. e incident which is the subj ec t >f these stop work 2 order 3 ubich arc E:< h i b i t 4 a n.i 5?

3 ei . Yes, it .a c the on2 in which we hit the 4 electricci duct bank.

p 5 Q. All right. Now, you seem to be stating 6 in this 'aritten statcaent and co r r ec t- me if I am 7 wrong, that there is sone confusion in Dr. La ad sa a n 's mind perhaps ns to e holdover on work having to do 8

9 with this drilling or the duct ban < and uhat you were 10 being asked about; an I correct in that statement?

11 MS. NRIGHT. Objection that it asks nia 12 to speculate whether Dr. Landsman was confused. If 13 ha wants to answer, he can.

14 THE WITNESS: Run that by again, please.

i l$ Q. (By MR. WILLIAMS) I an asking what you I fi werc *rying to qet at in your statenent here.

You 17 refer on tne first page, you refer to a hold order l 18 and the previous paragraph had asked about soma

( 19 questions about violating a hold order and tnen you i

20 cannot relate tais in sone way to the deep Q duct 21 bank, but to the drilling incident. Was it your

.22 intention to imply, either you or the NRC vas i 23 confusing the drilling incident with the exct.vation i

l 24 below the daap Q duct bank?

25 f. . I a.y, I cannot totally relate .. i t h the l'

s

(

A S S 1 C C.i T E D REPOR?CRS OF NCV\DA - 702/::32-077:

i MU e m. ,i u " A V;sc; Io- -in ' ' I n i.

1 d .: - p 2 duct b a n !c . [ .hink thnt is a true st=tement, 2 'nd I did r e c c. 1 1 the dritI rig. I think t h e r *3 re 3 two diffurent instances.

4 Q. But?

S A. Tnere was confusion an my part, nat Dr.

G Landsa'n's. I can't 33y what is in his nind, it 7 could well be.

3 Q. What could well be?

? A. That he also was confused.

10 Q. Can you recall discussion alth him at 11 this nueting that you had in the NRC trailcr on 12 specifically relating to the drilling incident?

13 A. No, I don't.

14 Q. Yo u don't.

15 A. That's why I thought was probably 15 talking about somebody else. I did talk ta him about 17 the rupture of the electrical duet bank, but not t

IS di 3ging below the duct bank.

l? Q. T hei t is exactly what I an getting at.

20 \t the time you met with him in h 1.5 trailer, when jou 21 were talking to him about reactivating your 22 application with the NRC, did you talk to hin about 23 the rupture of the conduit in the duct b a n k

24 ?s . I b211 ave I 'il. It is not r a r. l _l y 25 c l e r. r . I trica to restrint ny c o n v " r s .' t i o n to .So--

5 7 9 .7 r' I .\ T E D R E P')!1 T E '. G OF .:EViD1 - ' 9 2 / 3 J 2 - 8 *7 ~ 0

~

1 E. haam t . e. * . L, V gr .r ? >o le ~ ' i l , '

m

-. . o I his-celatloaship_to connenta on my a p p l i c i. t i o n to NRC, 2 and'if I ramenber tnat was all I really talked to hin 2 aoout.

4 Q.. Do you recall at sometime not 5 necessarily at that meeting, but at sone tinc in the G sunner of 1982 nasing a conversation with Dr.

7 -Landsman _a b o u t the rupture of the conduit in the da-p 8 0 duct bank?

') A. We had so nany conversations, 10 particularly in afternoons after he had completed his 11 inspactions over in the QA trailer, QA office, which 12 was near the position of the drilling. I don't 13 -beliave this occurred during the tine I ucnt to the 14 NRC trailor to talk to Landsman. It may have 13 occurred in some of these othat convers_, tion v2 had

'15 when we were pouring over drawings in the QA trailer.

17 There were two trailers, my o f fice was in one and 18 Scvo's office, and the other QA engineers was in the 19 other. Eney va r e side by side and I remenber s e .r .' r : 1 20 conversation when La nd sn a n was on site after working 21 hours that we net over th2re and we h a ri conversct.ons 22 chout specifics, but I don't roucaber when those 23 convcrsations acturlly occurred.

24 Q. C<ay. sat do you r e m o a b e. r e 25 conversation coaut spe-ifics of the capture at thu AJ30CIAT3D R C P C:lT P:R S OF ':' V5 D A - 7 0 2 / 3 '.' 2 F 7 71

• '1 *

.w I '

• f .1. .n s _Ag 2 *;*1 *t

1 conduit?

3 A. Of the electrical conduit, acu tnat w6s 3 the onu whare the drill rig a p pe a r-cd to be out of 4 position. I think they are ell the sano subject.

5 O. But do you rencmber any such G conversations relating to excavation underneath the 7 duct' bank as opposed to rupture by a drill rig?

8 A. No. I don't think they are the sam:

9 instanen because when the thing was ruptured the 10 drill rig was used, and Brinn Pa ln e r assured me thcre 11 would be no drilling ther2.

12 Q. Now, how-did you become aware of the 13 April 30th, 1982 Licensing Board order?

14 A. I think it was circulated around the 15 site and .i t cane up in several meetings, was 15 discussed in several meetings at Fi she r 's trailer.

_17 0 Do you have any recollection of, well 18 --striko that.

19 You ha/e mentioned, I believe, that the 20 .: x c a v a t i o n peruit systen was put into place as '

21 rasponse to the Board order. Do I quote you 22 correctly on that?

23 A. I. don't renenber what the timing 24 rdlationahip was of the issunnce of the Bocrd ordar 25 and the training on the exct.vattan pernit systen, but A S S OC I:WC D 11 C P oi1T E R G OF '4 5: V !s D A - 702/3S2-877S

.t l i Z. C o n n e f 111 - ". f i . L _s 7~r; :1./ M c ? 1 0 '

L t' ley .. c r o very close together.

? 0 Nou, did you observe any other-3 activities around the site tnat were dircated to ords

.' comp 11anca_uith the Board order-either paperwork 5 ectivitics--

3 A. There was a training activity on the 7 c :c c a v a t i o n pernit system.

3 0 You felt that w e. s related to compliance 9 with the Board o rd u r?

10 A. You, because there had boca a lot oC 11 problems in locating utilities there on the sito, and 12 this thing was ostensibly done to be certain that the 13 utilities were properly located and the drilling was 14 occurring in the proper spots.

15 Q. You know uho Mr. Robert lineeler is?

-- l fi A. Yes.

17 Q. And you knew Glen Murray?

18 A. Yes.

19 0 Did you, s.i s it your opinion that they 20 . were conscientious in attempting to Collow the Board 21 ordur?

?2 A. Nes. 1 l

23 0 Can you think of any specific inst.sn: s 24 in .thich they denonstrite? this consci3ntiocsnaac?

2S A. Neil, they .. a r e quite active in A S S J.C f is T E D R E P C a'? S R S OF NCVADA - 702/3'!2-3779

• 1 "h- is.__ L.2 W.:.:r. O*,' ^^101

1 1 checkinj up on thinga n .I . I aluays felt that they 2 were t ho ro ug h . And t. s h e y wera adamant about getting 3 the geotech's opinion on thesc thinja and signature 4 on the excavation permits. I wasn't always involved 5 in them, but all of the instances in which I had 5 occurrence to be involved I had confidence in them.

7 .4 R . N I L L I AM '3 : Could we n c; v e a short 8 break? .

9 (Thereupon a brief recess us

-10 taken, after snich the follauing 11 proceedings were had:)

-12 Q. (By MR. WILLIAMC) Did you ever become 13 aware that Mr. Wheeler entered into any kind of an 14 oral agreement with Dr. Landsman on or about June 15 lith, 1982?

'l G A. No.

17 Q. Did you ever have any conuorsation .v i t h 13 anyone at the site r ega rd ing any generic approvals of 19 work under the ASLB April 30th order?

20 A. No.

21 Q. Okay. Now, I would like to turn ta the 22 unfartunate and unplaasant subject of your releas+

27 from Consumers Power Company and your later J

24 termination by B a b c o c !: & Wilcox. Cauld you just ,

23 explain for the r?cor. hau that came about?

A 3 3 0 I A T E D ' 3 E P U R T C '13 CF NEVADS -

702/352-J77" L., a V f 1. a , A..y a o c ? ' I f: 1

< O .3 3 n n e " i l l e Ave.

1 A. Nell, Consumecs i n f o r m e.."! Jia 'cl i l l i = m s ,

2 wha uts tne inapector, the adainistrative supervisor 3 for-Enbcock, that ny services would no longer be 4 required. I uns told that I would be--nove o u t' of .ny 5 office immediately and to move into the Babcock site 3 office, that I would be allowed to use that office 7 until I could find a posicion. And I talked to my 8 boss, Jim Ansell, came up from Lynchburg, within a 9 couple of days. He also was sympathetic and did not 10 understand.

11 As stated previously, I talked to Don 12 Miller and he was, appeared to be sympathetic;

. 13 ho wav er , nothing developed from it. I also talked 14 with Mr. McCue and several other Consumers people and 15 .nothing came of that. So later, prior to the time I 1# left Consumers on August 31st, the personnel director 17 ~from Lynchburg came up with Ansell and I talked to 18 him. They too ucre sympathetic to the extent that ;

19 was allowed four months of termination pay and tne 20 privilege of moving ny housahold offects back to 21 Lynchburg at Babcock's expense.

22 That was why when I left the site and 23 wac able to sell my house in Midland, I moved into 24 the trailer to establich my job search from rhere.

25 SSortly after noving into the traf12r, I su r , date AG90CI\TdD REP 0HTERU 'P NEVADA - 7'2/202 7775

• - r a n- ,a: 1 , n. , w.. , a n ,..,m, eu_

1 .. #

1 to go back _t o Lynchburg itmediately after 2 Thanksgiving, if my job secrch had not been 3 succesaful. As t 'i e extent of the Babcock offer uns 4 until the first of the year. and I did not want to S havu to stand the expense of.the move to Lynchburg on 6 my own, right nfter Thanksgiving I terminated my

'? lacse on the trailar and moved back to Lynchburg, 8 eventually finding a job, as stated, with SAI on 11

'9 :ia r c h . I ~ guess that is about all, could go on and on 10 and on.

11 Q. No, do you recall the reasons that you 12 were given for why Consumers Power Company no lonJer

< 13 required your services?

14 A. Very cursory, just that NRC required a 15 geotech on the job.

1G 0. Didn't have something to do with :a r .

17 Meisenheimer coming-in?

IS A. Maisenheimer 'w a s available. Ile was a 19 gaotech; however, he didn't have any QA cxperience 20 and I understand that has been a point of contention 21 since then.

22 Q. But it was your understanding that you 23 were being replaced because of your la;k of 24 geotecnnical experience?

'25 A. I vauldn't say -het just b e c a u s <,

\ S G C C 1 7. ? C D REPO'ITEaq OF :4 E VA D \ - 702/2'2-9'"U M 1 th. .4 11 A . we a v . , .:

m :12 w . J s '91 0!

1 -;b i s + n h e i n e r was a b o n a f i M. e g e o t e c h and !!R C w:ntad a 2 gootech on the job. This .i a s a change in their 2 previous expression that they wanted a civil engineer 4 -on the job.

5 O. Okay.

~

A. I seem to recollect somewhere that Mr.

7 larguglio stated, I don't remember exactly when, titet t

3 there had been some objaction to--by John Schaub in 9 that "they couldn't have that". I don't really

. 10 recollect what that was in relation to.

11 2 Do you recall that comment about, I

, 12 believe you were speaking of Mr. Schaub, as being in 13 the context and in the time frame of when you vere 14 being told your services were no longer required, or 15 was it some other tine?

16 A. It was after I was told my services 17 were no longer required.

10  ?. I would like to turn now to your

l. 19 interviews with the :1R C inve s t ig a to r s who c ., n e out 1

20 hare to Las Veg a s to talk to you. Can you describe 21 for us how those intervieus went and what you were t

! 22 asked and how the investigators conducted thaic 23 business with you?

24 A. Nell, I guess you wo u l :: say tnat they i

I

- 25 were quite demanding.

A330CIATCD RCPORT3RS CF r!C V^ DA - 702/37?-3777

. zo . - u.u . . v. ~ .e g -t1

.. .s 1 9 In what' sense?

2 A. And at one time I made the comment, 3 "what is this, an inquisition?" or sometning.na that 4 effect, I don't remember exactly. I got a little upti-!h-5 about their probin3 questions.

5 Q. When you say prooing questions, what do 7 you nenn by that?

O A. Well, and their insinuation that--

9 their insistence rather, that I nake a statement.

10 Now, they did add to that that it was not required 11 that I make a statement and I guess the phraseology :

12 would uso, they were quite pushy about it, and Ehey 13 didn't seem to be too well acquainted with the facts.

14 Q. Were they pushy to the point whera you 15 felt intimidated?

16 A. No, I don't in tim id a te very easily. I

- 17 sonetimes recct.

i 18 2 But you did forn the impression that 19 the investigators did not understand the subject 20 mr.tter?

21 A. There was some confusian about the ASLB 22 order and the deep duct bank excavation and this sort l 23 of thing. Now, they seen to take offense--there is 24 sonathing in the results of the intorview that I l

25 -accusad them of staaling ny pan.

l l

AS S OC I ATC 0 RSPORTCRC OF N3VTDA - 702/332-87 0

< a -i :- a, __s,_

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• _, s _.m u . - ew . v, ,

w

y .r i 2 Yes. Coul? you e :c p l a i n the

2 circumstances of your inquiry about your pen?

3 A. Well, I guess I took a little offense 4 at that because I certainly didn't intend they should 5 interpret my reaction that.way. I merely asked then 5 if--I tnink it was Galanti because he stayed over in

'7 tawn. I had occcuion to call his home~and I ackad 3 his wife if she would ask hin if someone had picked 9 up ny pen when they left the office.

10 Now, it comes out in the interview I 11 accused them of stealing it. I don't think that is 12 true, I don't accusa anybody o f stealing anything, 13 but I thina it is quite normal for a man in tSe 14 course of business to inadvertently pick up a 15 fountain pen or something and not realize whera he 15 got it. I later, seemed to be a thread of it through 17 tia e i r report that I was accusatory about the fauntain 19 pen, I certainly did not intend to be.

19 2 Was it your impression you were simply i

l- 20 asking in a regular, normal tone of voice?

21 A. Yes, and it occurred over the phone.

22 When I called up later to Consumers, I think their i

l '23 hendquarters is in Chicago, I asked them. [ believe 24 I.uns talking to the first one, Walker.

25 2 You said you c.11ed ;onsuncrs and their j

1 I

A 3:;0C I ATS D REPORTERS 0F '4 8 V A D A - 7 0 2 / 3 3 2 - 0 ~7 71

-n m o. -'3,

,v. J _y x , -, o g , vaq: s: 911

- , o 1 neadsluarters was in Chicago, I'think you nennt NRC7 2 A. Yes. I called NRC and I asked hic if 3 eney-had taken my pen, but I certainly didn't

-4 consider that to be 5.ccusntory in tone. It was more-5 joking.- I felt I had some rapport with then in spite

'S of the fact that they had cone up with this statement, 7 unich'I finally signed after corrections. I t ho ug h t G I was trying to be cooperative with them in telling 9 them everything I knew, and_I certainly didn't want 10 .to set up any antagonistic situation.

11 Q. Did you feel more was made of this 12 incident than should have been?

.- 13 A. Yes, I really do.

14 Q. How do you account for that?

15 A. I don't know, unless they sere very

-15 defensive. If'somebody said to me, hey, you guys 17 take my pen? I ..curtainly wouldn't taka offense at IS that I would say no, and d rop it.

19 2 Did the NRC investigators send you a 20 copy of this report when it uas issued?

21 A. They left a copy the second time when I 22 signed it.

23 Q. They left ., copy of your statanent?

24 A. No. I had nevar bd seen a copy of the 2_5 repart. Yoo sont no the public record, but I never ASSOCIATED REP 9RTERS JF !CVADA - 707./382-9773 4 at _- .m .3 . . 3 .- -

, u , _

r-,a .? _t n

.a

- . a 1 aave s'en n mopy of their personal' reports on the--on 2 their visit.

j O. Their handuritten notes?

4 A. i4o . I saw the report that they wanted 5 nc to sign, a n'd I s'i g n e d it and made copies of it 6 which I'kept,1but evidently their report, the first

'7 timu I ever became aware of it was wh2n I got this S copy of the public record. And there are two reports 9 in there, one from--both Walker and Galanti, 10 G - a - l - a - n - t- i'. Walker's report seems to be pretty 11 good., he did the primary questioning. .However, 12 Galanti's the one that really took up the issue of 13 the pen. And he further made the statement that 14 "cannot be termed a cooperative witness, attitude was 15 antagonistic and~ accusatory in nature."

--1 ,

~

16 I don't think those statements were 17 c a l l e ci for, because I was trying to cooperate with 1S them. I did ta ke' exception to several times to wnat i 19 they said, but I even'tually corrected their statament

[ 20 and signed it off. Nou, if I had been antagonistic, 21 I never would have signed anything. The hell with i

22 t a e. m .

l E 23 Q. Okay. I have just a few more questions, i

24 Mr. Donnell.

25 Did rayone from consumers Power Company AGGOCI;hSD R3PARTERC OF NSVADA -

702/12-0779 L " UA - 9, tx.v1112 'W e m .

' L _ ,; V :. ,, 4 ? v m! ". !9l01

.. o 1 2ver intini:sta you in any wy about telling th?

2 truth with r .e s p e : t to these natters ao have been

-ilscusaing?

4 A. No, they did not.

5 Q. Did anything happen to you which would G stop you from telling the-truth and the wnole truth 7 today in this deposition?

8 A. No. The only contention I had was it 9 seemed to be a personality clash between Marguglio 10 and I and. Bird, but that .h a c really nothing to .i o 11 with this investigation.

12 Q. Were you aware af any instances apart 13 from this deep Q duct bank where Consumers Po we r 14 Company in your opinion violated the April 30th Board 15 order?

1G A. No, I was not.

17 Ma. WILLIAMS: That is all I have.

13 CR035-EXAMINAT134 19 3Y MS. Sil I GIIT :

20 Q. Mr. Donnell, I have a few questions f>r 21 you. I will try and be brief.

22 A. I hoped--

23 (Thereupon a briaf rec 9ns was 24 taken, after which the f)llo ing 25 procaedings wer? h a<? : )

W .i M [ .\ T E D REPORTS!1G OF 4 3 V.\ D.i - 702/332-R770 M t _- w ', u .s.... i ' 1 .o_. L _3 r .- *t. i ,- i 1 e '

1 2 (By MS. 'i R I Gi1 T ) Wa u l ti you take a l a a r.

2 at Attechment 3 to Applicant's Exhibit 3. That is

~

y>ur handwritten statemant?

4 A. Not my handwritten--

5 0.. Well, the handuritten statement?

G A. That was my objection to it.

7 Q. Okay. Given the testimony you have 8 related today, do you still stand behind tha 9 statement as is or would you lixe to maka corrections 10 or additions to it? And if you want to look at it go 11 ahead.

12 A. No. I think the s t a t e:a e n t I've added 13 to it and the corrections I have made, that is--well, 14 let's put it this way: I would not have signed it 15 off if I didn't think it ucs correct.

15 0 Okay.

17 A. Even though I objected to tha way it I

18 was done.

r 19 Q. Then I can conclude your statenents 20 today'have seemed to be consistent with this and you 21 ro

. confirming that they are, they are just..aore

22 elaboration to this statement itself?

l t

23 A. That's true.

2/ 2 Could you explain to me just as 25 clarificatian wila t L a n d s n .: n ' s .i o l 1 orler reftrs '. o St i

ASSOCIATED REPORTCRS OF NEVADA - 702/282-377?

c .w, - n .._. u. .. . . . .u a , ,c , ~ c. , s , 1 -

! th2 botton of the first pago last paragropa, first 2 four 1r five words?

3 A. Well, Landsman's hold order wrs to the 4 eEfect tnat everything was to be considered ss Q, 5 uven though it had started out as non-0 6 Q. All excavation, everything?

7 A. Yeah, everytning. Sverything with ;ha 8 remedial soils thing, because at that tine things o sore in quite a quandry, and 1 cca understand NRC's 10 position in that thay wanted to get in control of 11 things and taey considered that this .s a s the only v-y 12 to adoquately control it. I don't remenber any o

13 detailed discussions about that, but I do remenber 14 generally expressing that to some people that they 15 wanted to control it and this was t iie i r way af 15 controlling it and I underscood that.

17 Q. Do you believe that Land sman 's hold 10 order is synonymous ,di t h the tio rd order or is it an 19 elaboration on the 3 card order?

20 A. They both cane out about the sane tine.

21 I really don't know from reference to the statement:

22 that were made which cana first.

~

22 Now, I can ., d d to that, it is in 24 continuation of something I previously s ., i d her+. I 25 was wall nware at t h '. ti," *L?t if I had been a w.' r e A 3 '2 0 C I A 7 C D i1 C P .m T E'13 'J F N S V A D.'. - 7 0 2 / 3 0 2 - S ~' 7 A' '

t r. ww a t two . ,: s ,. p. w

t 1 of anyt'ain3 going on surrepti.ous, unfar the table or 2 unatov r, that I had ;v ry right to 30 co '! a C a n .1 3 report it, but I was not 2 .o r e . That is the reason I 4 aas apprehensive rbout even going into L a n -i s m a n ' s S trailer because I didn't want anybody from, 6 intervenors for Consumers to infer that I was 7 whistle-blowing on Co ns um e r s . I had na reason to and 9 I cartninly wouldn't sat up a situation that woule 9 allow anybody to accuse ne of that.

10 0 Thank you.

11 In referoacc to the discussions .

12 surrounding the altercation that you broke up--or I 13 hope I haven't--I don't think there was more than one 14 fight that you broke up, and that left some 15 personality conflict with Mr. Marguglio?

11 A. Yes.

17 Q. Is it possible that you spoke to Dr.

l 18 Landsman and Mr. Cook about that personality ~on fli c t l '9 in terms of the fight or that you were relating hoa l

20 the persont.lity con flic t may have cone sbout?

21 A. I don't really believe so because 22 Landsman wasn't involved in it and Cook ucs there c+ t 22 the time of the fight, of my breaking up the fight 24 t. n d he symp'athised wita ne, Cook iid. As a nctt<r of 25 Eact, I think he--sonnbody s a id , I don't r ;.a e m b e r li 3 S O C I A T E D 't E P O R T E R 3 OF N 3 V:s D A - 702/3"2-377' o 'M 'M. Av ; u L: - '/, cam 'J - f 1n ?IO1

-~ - _. _ _ . . -

I wheLhar it van hin, he would have lone the sanc denn 2 thing.

3 2 But you clid state earlier that you may 4 haua stated t h ei t there was an a]tearcatlan that led to 5 c personclity con flict with Mr. :la r g ug l i o , to Mr.

G Cook when he cano to visit you at your trailer?

7 A. I don't know whether that was discussed 3 or not, I don't know w ti e t h e. r thot was discussed or

'> not because that had n o t h i n.J to do with the situation.

10 Only the fact that it could re fl ect apon me in 11 - getting a job later if it w .' s improperly represented.

12 0 Okay.

13 A. But I had never run into anybody yet 14 that had any criticism from me, aad I believe the 15 investigation up-there will bear that out. That is 15 what you-get into when you try to help sone other guy 17 If you are not careful. M a y b .3 -the Chinese cre right, t

la if you pick up somebody, you are responsible far it.

19 Q. Earlier you apeculated in response to c J

20 question by Mr. Williams that Dr. Landsnan ney have 21 confused a Mr. Johnson who wo r k 2 c' for Consuuers t 22 one point'in terms of sone statenents from you 23 regarding excavation ac the plant?

24 A. That saa o ni y conjectute on ny part, 25 because I cn a rather stocky inii,ilutl and I am very

)

A '3 '3 0C I A T 5 0 RCPOR?ERS OF N E v /s D a - 701/3?2 ^774

._ _ _ ._ M '- 7. .J 17 a3. / i .! ' , _'cL A . _ _ L , 3_V2. '.. e _12G

! ' u ;_ l ' _ _ _ .

1 dirvet. And in trying to ratloaalinu Wo he cauld 2 have talked to other--thet is the Only ncne that 3 conas up, because Johnson is a very stocky guy like 4 ra c . tia is heavy-set tnd he is a direct i n d i v i d u a l. .

5 Q. And he workad on this project?

5 A. lie was in a position to have been in 7 contact With both Cook and Dr. La n d sta a n . That is tne 3 only thing I can even drag out of the sky on'that. ,

9 2 With regard to excavstion at the 10 soils--

11 A. Yes, he was in 7. position to discuss 12 excavations. Ile was in the trailer, he was quite 13 often there late in the afternoon when Landsman was 14 in there, and that is the only remote possibility I

.15 can think of. But I was totally emaced when Wc.1ker 15 cnd Galanti let .a e read those statements. Was tne 17 first time I had seen then.

18 Now, Dr. Landsman was soneuhat of an 19 unpredictable individual. I t ho ug h t he was trying to

-20 do a good job and he was sort of r. - - v o l l , only way I 21 .c9n explain it he was a Ph D who would Fit the 22 description long hair, and he was sort of eratic in 23 his thinking and .' lot of people ridiculed him on 24 sita, which I Jon't ag r e.: with. :t u was only trying

'25 to do-his job, but he was uaderstandable, but I A330CIATCC_ RCPORTC73 O I' N i'. V \ D A - 702/382-877^

_. , 1 . - . .. s_. c ,, _,_... . _u , a xn,

1 .:

1 couldn't u n d e r s t r. n i uhy he h >1 nisconstrued the 1 purpose of ay 'joing over to that trallar to tclk to 3 hin.

< Q. Okay, tnank you.

5 Earlier you-responded to a question 6 chout .<hether Dr. La nd sm an had ever nade an explicit 7 statment that excavation bensath the deep Q duct 3 ban 4 uould require express 14 R C ' a p p r o v a l because it 7 fell under the Board order and you stated no; is that 10 correct?

11 A. Yes, I believe that's correct.

12 Q. -Would Dr. Landsman have to have stated 13 that in order for someone at the plant to know that 14 cxcavation beneatn the deep Q bank would fall under 15 the terns of the Board's order?

-li A. I don't thinK so.

17 MS. W R I G11T : Okay. Thank you, that is 13 all the questions I have.

19 MR. WILLIAMS: '10 have nothing else.

20 (Discussion off the record.)

21 MR. WILLIAMS: Lat's go back on the 22 record for a ninute.

22 Mr. Donnell, there is a requirement in 21 the regulations that you read a copy of the 25 deposition cnd nake correctionc on it, if that is ASSOCIATED' REPORTERS OF '4 E V A D A - 702/3"2-G77?

i -

u__ .m ;3 1 .. ._, e v,e . u_ , , s.,i ,

1 n.ecessary, a n r1 thea sign it. :4 l u s Ilirris will givt 2 y6u a call uhon the transcript is ready to be signef 3 a n c' if yo u c o ul:1 none errangements to come into 4or 4 o f f i c .: and do thht.

5 Since we go to hearing on this nattar 6 in a.little over two weekt., I wo u l e!--I don't want to 7 press'you too much for your tinc, because you have 8 becn nost cooperative so far, but I con appreciate 9 you !!cing that.

10 Any notary?

11 MS. WRIGHT: Yes.

12 (Thercupon the taking of the 13 deposition was concluded.)

14 * * *~ * *

• 15 16 17 19 19 20 21 22 ,

2' 24 25 A ." ,3 0 C E .\ T E D R E P 911 T C :l'3 "? ? il d V \ 0/. - 702/382-3773

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w r n1 -

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. * 'J 1 C 3 R"'I F IC AT s. O F D E P o t! 2 :4T 2 I, John L. Donnell, deponent herein, do l 3 hareby cartify and der lare the within and foregoing 4 transcription to be my deposition in said cetion; 5 that I have read, corrected and do hereby affix my 6 signature-to said deposition.

7 i J 011:4 L. D O N ;4 E L L , Deponent 8

9 subscribed and sworn to before me thiu day 10 of , 1983.

11 Notary Public 12 13 l 14 15 I 16 I

l 17 l

j 13

! 19 l

l

! 20 21 22 21 i '

24 25 4

.\:. 2 .': C I % T C D REPStTERS ?P  ; E '1 % D A - 702/3."1 '? 77

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i

! CERTIFICATE M REP 19TCR 2 0 'l A 'l 3 O l' iJ C VJ6 0.i )

SS:

C]UNTY OF C L.iH 4 )

1 , Jenet S. Harris, a duly comnissioned 5 Notary Public, Clark County, State of devada, do 5 hereby certify: That I reported the taking of the 7 !dposition of the witnens, John L. Donnell, O corin.ncing on Saturday, October 15, 1933, at ten 9 o'0137k a.m.

10 That prior to being examined the uitness ucs 11 by na duly sworn to testify to the truth. That I 12 thereafter tranceribed my said shorthand notes into 13 typewriting and that the typouritten transcript of 14 said deposition is a complete, true and accurato 15 transcription of my said shorthand notes.

15 I further certify that I am not a relative 17 or employee of an attorney or counsel of any o f tha 13 parties, nor a relative or employee of an attorney or 19 councal involved in said ection, nor a person i

20 financially interested in the cction.

21 IN WITNCSS W il E R E O F , I have hereunto set ny 22 hand and affixed ny o f ficial seal in ny o f fice ia tae 23 County of Clark, Gtate af Nevada, this _  ;; .1 y of 24 f (n .V , I t' 'l 3 .

p 25 ,--------------------)

4 JANET 5. HARRii -

AM ln%

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, J .. u .. e a a n . c . s .w .

GYm a um,aa Ci n.

i

,- i %:_; - VvHr.m; te.e., R.c a. na I

iG 3 0C I A TC O M e: PORTC31 0F :I C V ' .'.i -- 7 0 2 / 3.' 2 - f 7 7 ' ,

< >,, . 2- , . _ - , , r .r , i....? = -

.J j DEPOS! TION EXHIBIT I /

UNITED STATES OF AMERICA f

. [ / 77/7/'E#'Y , NUCLEAR REGULATORY CCMMISSION ATCMIC SAFETY AND LICENSING BOARD Before Administrative Judges:

Charles Bechhoefer, Chairman '

Dr. Frederick Cowan Dr. Jerry Harbour In the Matter of ) Docket No. 50-329-OM

. ) 50-330-OM CONSUMERS POWER COMPANY ) 50-329-OL

) 50-330-OL (Midland Plant, Units 1 )

and 2) )

ORDER ISSUING SUPOENA DUCES TECUM Upon consideration of Consumers Power Company's Application for Deposition Subpoena Duces Tecum, dated October 3, 1983, the motion is granted.

ORDERED:

That the attached subpoena is issued.

FOR THE ATOMIC SAFETY AND LICENSING BOARD Ab.u A /

'Th~arles Bechhoefer /

ADMINISTRATIVE JUDGE Bethesda, Maryland Dated: October 3 , 1983

O UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of ) Docket No. 50-329-OM

) 50-330-OM CONSUMERS POWER COMPANY ) 50-329-OL

) 50-330-OL (Midland Plant, Units 1 )

and 2) )

SUBPOENA DUCES TECUM TO: Mr. John L. Donnell Science Applications, Inc.

2769 South Highland Drive Las Vegas, Nevada 89109 YOU ARE HEREBY COMMANDED to appear at the offices of Thorndall, Backus & Maupin, Ltd.

Suite 333 330 North Rancho Drive Las Vegas, Nevada 89106 at 10:00 a.m..on Saturday, October 15, 1983, and continuing thereafter from day-to-day until completion of testimony, for the purpose of giving deposition testimony regarding your

. participation in events related the above-captioned project.

l You are further commanded to bring with you all documents within your possession, custody, on control as itemized in Schedule A attached hereto.

Please be advised that on motion made promptly and l

l in any event before October 15, 1983 and on notice to the I

party at whose instance this subpoena was issued, the Atomic Safety and Licensing Board or, if unavailable, the Commission may (1) quash or modify the subpoena if it is unreasonable or requires evidence not relevant to any matter

in issue, or (2) condition denial of the motion on just and reasonable terms.

FOR THE ATOMIC SAFETY AND LICENSING BOARD U1u ed & A Charles Bechhoefer /

. ADMINISTRATIVE JUDGE Dated at Bethesda, Maryland this 3rd day of October , 1983.

l This subpoena was issued on the, motion of Consumers Power Company, by its attorney Frederick C. Williams, Isham, Lincoln '

&-Beale, 1120 Connecticut Avenue, NW., Washington, D.C.

20036, telephone (202) 833-9730.

AFFIDAVIT OF SERVICE I , being over the. age of 18 years and not being a party to the above-captioned matter, hereby state that l I served the attached Subpoena Duces Tecum to Mr. John L.

Donnell on October , 1983 by delivering a copy of the Subpoena Duces Tecum to him in person and by tendering to him the statutory witness fee and mileage allowance.

Pursuant to 28 U.S.C. 5 1746, I certify under penalty of l perjury that the foregoing is true and correct.

l l- .

l f

_ - -- - .. . _ - . . . . - - . . . . -_ -. . . - -. . - . - . - _ = - . .

SCHEDULE A As used in this schedule, the word " document" shall mean:

any correspondence, memorandum, handwritten notes, and any other type of written or printed paper, including photographs, either original or photocopy.

1. All documents relating to or describing your employment with Babcock & Wilcox, Inc., or any subdivision or subsidiary thereof, including documents pertai in ng to any contract assignment from Babcock & Wilcox, Inc., prior to your assignment to the Midland Project.

2. All documents relating to or describing your initial employment, work experiences, release by Consumers Power Company, and termination as a Babcock & Wilcox, Inc.,

employee at the Midland Project.

3. All documents relating to or describing your efforts to find other employment subsequent to your termination from Babcock & Wilcox, Inc.

4. All documents relating to, describing, or memorializing conversations at any time with employees or officers of Consumers Power Company, Bechtel Power Corporation or Babcock & Wilcox, Inc., whether permanent employees or contract workers, concerning conditions at the Midland Project construction site. .

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P7.OJECTs. ENGINEET. LNG AND CONSTRUCTION =

@ ,m., STOP WORK 0RDER

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rez 1 er 1 9, iwa: io. c.:an:: cr s:ct, veu cen: Drillin9 1. s:ct wou cra iso: FSW-22 and sheet-piling activities by * *

• 3 Midland Mercentime and subcontractors W R Bird //M [

it. ca. s=r wcu cra c:vas u. weu s=rro: 3 22:

5/19/82 1:00 PM M J Fisher ni B H Feck .. Ar m .u az: n 0.nz: 4/28/82 rne 10 :30 AM us: 4/28/82 mei 10:30 AM /M// gh 5- "2

3. nzsenrnou er em:=os mv:mm s:es wou acnon: May 19, 1982 Szveral instances of drilling resulting in nonconforming 6. r= :

16.13 conditions, the latest being hitting of an electrical ,, ,,,,,%,,,,,g,;,,,,,,, ,

duct bank documented on Bechtel NCR 4199. Letter D B Miller ta L E Davis, Serial CSC-6058, confirmed the LEDavis/JFisher v:rbal stop work directive given on April 28, 1982.

(Attached). JAHorsch

'Ihis stop work order is issued to provide tracking within e. ms.m: Dehorn the quality system of the previous stop work directive RCBauman BWMArguglio and to give a close loo'p mechanism to assure that the WRBird DBMiller rrquired procedural controls are in place prior to JEBrunner JAMooney lifting the stop work. JWCook JARutgers MLCurland JSchaub MADietrich ESmith

... c w n r.t e n:x .A m

1. Mergentime drilling procedures C-195-2 (Ground Water Control System - Moretrench) and C-195-63 (Installation of Well Points, Ejectors and Observation Wells -

Mergentime) revised to provide survey controls and verification to assure location of utilities prior to drilling by the Subcontractor.

i

2. Eechtel Field Procedure FIC 5.100 titled " Excavation Permit System" developed to provide controls and verification of utilities prior to drilling by Bechtel.

.} DEPOSITION L

, i EXHIBIT l'

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.!. C'c Or C3?IOC.*z A;3:3 .IIIT:0AC05:

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1. Verified C-195-2-4 and C-195-63-3 have been reviewed, approved and issued as controlled documents by Document Control,by MPQAD with appropriate controls and verification mechanism provided.

2. Bechtel Procedure FIC 5.100, Rev 0 reviewed and approved by MPQAD, signed off l by all parties and is in process of issue, with appropriate training conducted on May 25, 1982.

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Company Midtend Project: PO Box 1963, Midlead. MI 48640 * ($17) 6318650 April 28, 1982 .

Mr. L. E. Davis-Bechtel Power Corporation P.O. Box 2167 Midland, MI 48640 MIDLAND PROJECT GWO 7020'-

SOILS REMEDIAL WORK ~ -'

Gi1 F Tg 3953 UFI: 01100(E) Serial: .CSC-6058 Th'is letter confirms a verbal stop work. directive provided to

~

your Mr. Jchn Fisher by our Mr. Bruce H. Peck at about 10:30 a.m.

on April 28, 1982. The stop work applies to.all arilling operations l and sheet-piling activities by Mergentime Corporation, and its I subcontractors, in all Q and Non-Q areas. - We are very concerned about the lack of control by Bechtel over the activities of Mergentime,f as evidenced by the recent penetration of an electrical ductbank by a drilling operation.. This stop work directive shall remain- l in effect until we have been provided assurance that Bechtel can i provide a proper degree of. control over Mergentime. activities.

D. B. Miller ,

Site Manager D3M/3HP/jn cc: JWCook, P26-3363 JAMo6ney, P14-115A EKMargbglio, Midland JARutgers, Bechtel Ann Arbor .

" DEPOSITION j EXHtBli a -

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