ML20149E545
| ML20149E545 | |
| Person / Time | |
|---|---|
| Site: | Comanche Peak  |
| Issue date: | 10/16/1987 |
| From: | Tyler T TEXAS UTILITIES ELECTRIC CO. (TU ELECTRIC) |
| To: | |
| Shared Package | |
| ML20149A806 | List: |
| References | |
| FOIA-88-37 OL, NUDOCS 8802110130 | |
| Download: ML20149E545 (53) | |
Text
., . . . *-. . .. . ..
g,...... .
..r... . . . . . .. ,. . . . .. . : . . e . ; . . . . . > ; . . ,. ., .
1 {
1 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 2
BEFORE THE ATOMIC SAFETY AND LICENSING BOARD 1 3
4 IN THE MATTER OF: )
) :
5 TEXAS UTILITIES GENERATING )
COMPANY, ET AL. ) DOCKET NOS. 50-445-OL 6 ) 50-446-OL (COMANCHE PEAK STEAM )
7 ELECTRIC STATION, UNITS 1 )
AND 2) )
10 TMA-1!S 47 ************************ A)*6 ORAL DEPOSITION OF 11 TERRY TYLER OCTOBER 16, 1987 12 **************************
/'
13 14 15 16 ORAL DEPOSITION OF TERRY TYLER, produced as a 17 witness at the instance of the Intervonor CASE, taken 18 in the above-styled and numbered cause on October 16, 19 1987, at 2:00 p.m., before James M. Shaw, RPR, 20 Certified Shorthand Reporter and Notary Public in and 21 for the State of Texas, at the Law Offices of 22 Worsham, Forsythe, Sampels & Wooldridge, 2001 Bryan 23 Tower. Suite 3200, in the City of Dallas, County of 24 Dallas. State of Texas, pursuant to the Federal Rules 25 of Civil Procedure.
8802110130 880128 3RG\/(_
PDR FOIA WILLI AMSRB--37 PDl..uu aMERICAN REPORTING SERVICES, INC.
wu w a . ., , s . c. . . . . . . . . . . . . . . . , . w .. u s . . ,-:. ~ o .; , n . . . . ... v . . .. a c . . s u . . .. . . . . . v. s., .s can. . . a . . . - 3 l
1 1
l A P P EA RANC E S ,
2' 3
FOR THE NUCLEAR REGULATORY COMMISSION:
4l JANICE E. MOORE Office of the Executive Legal Director 5 United States Nuclear Regulator y Commi ssion 6; Washington, D.C. 20555 7!
4 FOR THE CITIZENS ASSOCIATION 8 FOR SOUND ENERGY: l 9 JUANITA ELLIS, PRESIDENT JERRY ELLIS 10:l L 1426 South Polk I
- Dallas, Texas 75224 11!
I i,
12 BILLIE P. GARDE 13 Trial Lawyers For Public Justice 3424 North Mar cos Lane Appleton, Wisconsin 54911 14 15 FOR TEXAS UTILITIES GE NE RATIN G COMPANY:
16 ROPES & G RAY 17' 225 Franklin Street Boston, MA 02110 BY: WILLIAM S. EGGELING 18 ROPES & GRAY l
19 1001 Twenty-Second Street, N.W.
i Washington, D.C. 20037 20 BY: ROBERT J. STILLMAN l i DAVID MARTLAND 21 22l WORSHAM, FORSYTHE, SAMPELS & WOOLDRIDGE j j 2001 Bryan Tower, Suite 2500 23 Dallas, Texas 1
75201-2168 BY: ROBERT A. WOOLDRIDGE ;
24; l '
I ,
2 5l I i
l I UNITED AME NT ra n oronomvue "aa"--- -
a w .pz m r m .c m eomo e . p .n a m .:. u.asa w . w .o .:....v .:.e. . . . . . . . - . . .. . . . , , . , . . . . . , , . . . .
3 1
t IE331 11hE3' 2-i the witness hereinbefore named, being first duly 31 cautioned and sworn to tell the truth, the whole 4
truth, and nothing but the truth, testified under 5
oath as follows:
6 EfAglgAllgg 7
BY_MS._ GARDE:
8 Q. Mr. Tyler, my name is Billie Garde. I'm 9; an attorney representing the intervenor Citizens 10 Association for Sound Energy in the operating license 11 proceeding.
12 I'm taking your de pos i ti on in connection 13 with the issue of the adequacy of the CPRT program 14 plan.
I'm going to have marked and show you two 15 documents. Exhibit 1 will be a subpoena. Exhibit 2 16 will be a notice of de pos i ti on . And ask if you have 17l seen the documents before?
18 (Tyler Exhibits 1 and 2 19 (marked for identification.
20 A. Yes, I have.
21 Q. When did you see them before?
22; A.
I don't remember the exact date that I saw 23 them.
i 24 O. Did you bring any documents to this 25 deposition as described in the notice of deposition?
UNITED AMERI CAN REP ORT T v c r otr i er e '"a
- n. - , . . , . , n . ,... v ,,. s..-..., y e. ,.g,,e.r~ a....,,..u...w.... .....<
. .. ............a..u..,...,....
l
' I 4
4 1 A. No, I did not.
I, 2' Q. Were you asked by your attorney to bring j 3 any documents?
I 4l A. No. '
i 5 !
MS. GARDE: Before I go on with I 6 further questioning, I would like the record to '
7; reflect those people who are present in the room for 8 the deposition. The witness, and I have already .'
9 identified myself. You are represented by 10 Mr. Eggeling; is that correct? '
lli THE WITNESS: Yes, i 12 MS. GARDE: All right.
13 MR. STILLMA N : Robert Stillman from 14 Ropes & Gray.
15 MS. MOORE: Janice Moore, NRC staff.
16 MR. ELLIS: Jerry Ellis, CASE.
17 MRS. ELLIS: Juanita Ellis, CASE. !
18 Q. (BY MS. GARDE) Mr. Tyler, when was your 19 first connection with the Comanche Peak project?
20 A. November of 1984. l t
21 Q. i And at that time, who were you employed by?;
22l A. Energex Associates, Incorporated.
i l
23I Q. What project were you working on for ;
i 24; Energex Corporation?
t l-25 A. I don't understand what you mean, I
i UNITED AMERICAN REDORTTMG CPD"T"'C '""
y oc e. .wcwweso~ow. sou u e.owo qwo n .s e ~.o;.e..w e v .r. ss. a.a . .e > #,u. o.ra .o . 4.w. - e . e . ,
r I
s 1= 0 Okay. You worked for Energex.
t Is that a i
2, company?
3 A. Yes.
4j Q. Okay. What were your duties for Energex?
5 A. Vice-president business services.
6 Q. What did that job entail?
7 A. As the title implies, I was in charge of 8
the business aspects of our corporation, which 9'
included direct billable work to our various clients 10 on various contracts.
11 Q. Did you own part of the business?
12 A. Yes, I did.
13 Q. How long did you hold the title of 14 vice-president business services?
r 15 A. Approximately a week.
16 Q. What were you before you were the 17 vice-president of business services?
18 A. Energex was formed shortly before I became 19 involved in Comanche Peak.
20 Q. So is it your testimony thi s was a 21 short-lived project? Was Energex Company in 22 existence for a lengthy period of time before you 23 went to work at Comanche Peak?
24} A. No.
25 O. When was Energex incorporated?
I i
UNITED AMERTr&N DPDoo*T"" '"""'*"" '""
m . a.-a.- a.-:c :
,--s.-r- . . ,,- - - . . . ,
..e .v .
...,......;...,/..........,.....;....,.
i l
1 I
6 ;
1 A. Early November of '84.
2 Q. Okay. Prior to November of 1984, what 3 were you doing?
4 A. Can you clarify what you mean?
5 Q. What company did you work for?
6 A. Technology for Energy Corporation.
7 Q.
I How long did you you work for that company?
8 A. Approximately three years.
9 Q. What were your duties with that company?
10j A. Senior reactor engineer.
11! Q. Were you a senior reactor engineer the 12 entire time you were at Technology for Energy 13 Corporation?
14 A. No.
15 MR. EGGELING: You answered the !
16 question. '
17 Q. (BY MS. GARDE) What were your duties 18 before you were senior reactor engineer; what was 19 your title?
I 20 A. I don't remember.
21 Q. Okay. How long were you a senior reactor 22 engineer?
23 A. A few months.
24 Q What were your duties in that position?
25 A. Can you clarify what you mean by "duties"?
UNITED AME RI CAN REpnnMTyn crouvree vue
myo m y y. .u e m.#. .w u . - 6. <. ... . . . . . . . . a . . 4 n . . . n . u .. . . t . . . . .. . y u e.co ,. a. ..oe.3 ,,.s c.. 4 w .
1 1
7 1 Q. What did you do in that job?
2 A. A variety of activities.
3: Q. Like what?
4! A.
Providing cons ul ti ng s er vi ce s internal to 5
the company on human factors, layout of display 6
panels for safety parameter display systems, ERF ,
7 computer system screens. Worked on a project for the 8
Department of Energy on regulatory reform. Provided 9
assistance to the probabilistic risk assessment group 10 performing probabilistic risk a s s es sm en t studies for 11 a variety of clients.
12 Worked on the levels of safety or levels 13 of assurance s t udy for the Department of Energy.
14 Assisted the marketing and sales staff in preparation 15 and in utility client visits on marketing and sales 16 trips.
Provided' technical ser vi ce s to the 17 manu acturing site of Technology for Energy 18 Corporation and to the computer systems side of 19 Technology for Energy Corporation.
20 Q.
Did the duties that you just described go 21 to yoar position as a senior reactor engineer only?
22 A. Yes.
23 Q. Okay. Prior to that position, what did 24 you do? I think you testified you didn't remember 25 your title, but what did you do?
UNITED AMERTrnN oro^**'"" ""*"'""~ '"'
m e u.,. .v,v ,y c..y..~ .g..m. w . . .v. ..-...s.ys.4.e..u.....:.%.,.;...:. e ,. .... ..<.<.. .......,.2... -o I-8 l' A.
I Worked for the Tennessee Valley Authority.
2; '
i Q. Is the entire time you worked for 3 {I Technology for Energy Corporation co ve r ed by the time i
4l period that you were a senior reactor engineer?
5 A. No.
6 Q. Okay.
Other than the time that you were a 7!
senior reactor engineer for Technology for Energy 8 Corporation, what were your duties?
9! A.
I was a client rep with all marketing 10 responsibilities for Houston Lighting & Power. I was 11 later computer systems marketing manager, and the i
12 last of which, businesa services director.
13 Q. How long total Maybe I asked this 14 already.
15 Did you testify earlier that you worked 16 for Technology for three years? I have three years 17 written down. I don't know if my notes say that that 18 was the time you were a reactor engineer or the 19' entire time that you worked for the company. I 20 apologize for my confusion.
21 HR. EGGELING: Why don't you just 22 reask him the question.
23 Q. (BY MS. GARDE) Okay. How long did you 24 work for Technology for Energy Corporation? l 25 A. Approximately three years. t UNITED A M E R 1019 DPD^D*'"" #"""'""" *"'
_a ga a w , ~u. n . ,n wnn w u . ,: .n : . , . ; c e. r. .o .n ... m .> . ,w, e .~.o ~ .g w ere n.e. .
9 1 Q. What years were those?
I 2! A. '81 till '84.
3j Q. Prior to 1981, you worked for TVA; is that 4! correct?
5 A. Yes.
6 Q. How long did you work for TVA?
7 A. Approximately eight years.
8 Q. What were your duties at TVA?
9: A. Reoperational test body for 10 Browns Ferry nuclear plant. Prepared and reviewed 11 safety question determinations.
12 MR. EGGELING: Bring your voice up 13 just a little bit for the people in the room.
14 MS. GARDE: Let me shut the door.
15 A. Prepared and reviewed saf ety question 16 determinations, modi f i cat i on s to Browns Fer ry nuclear 17 plant.
Performed multiple traditional design tasks, 18 such as squad check reviews, system de s cript i ons ,
19 design criteria, documentation, failure modes and 20 flex analysi s, systems interaction analyses, 21 probabilistic risk assessment. Was involved in the 22 restructuring of operational occurrences that took 23 place in Browns Ferry and other TVA facilities.
24 Later moved to the Bellafont nuclear plant.
25 Performed separation criteria review on the control I l
t UNITED AMERICAN R R p o n T T v e. erouvre, . . . .
- e. mww .e., m e.... .v..e w ao.s.u m 60.weum. m u.w oa #.o..s.w.e;g....;6c.w ca,s.ess. a.w ,
r . - _ .
10 1
rod drive system, separations internal to the 2 esbinetry perspective.
3t Was moved to Sequoyah. Same general 4' design responsibilities of squad check reviews, 5' systen description preparation, responses to i
6 nonconformances, NRC inspection reports, 7
int er di scipli nary r evi ew of design changes, 8' preparation of unreviewed safety question 9
determinations for modifications. Was the principal 10 test representative for diesel generators residual 11 heat removal system. Served as a reviewer for the 12 ptecursor paper to Three !!il e Island under Carl 13 Michaelson, i
14; Moved on as senior licensing engineer in '
i 15l Hartsville and Phipps Bin. Hartsville, 16 > H-a-r-t-s-v-i-1-1-e.
! And Phipps Bin, two worda, i
17; nuclear plants.
18-Had responsibility for commitment control, 19 commitment ecmpliance, responses to notices of 20 violation, open items, un r es ol ved items, licensing 21 presentations to the staff. After, was involved in i
22 several probabilistic risk a a s cu ament evaluations 23: that TVA performed both on Se q uo ya h and Browns Ferry.
24 Pa r t i ci pa t ed as TVA's sole representative 2 51 for the owner's committees with the NRC.
After Three ,
UNITED AMRnTraw o r o n o m t s'n ernuvaaa '"a
e . w . ~ .m. m .~... w v ;.c... ,. ...~..<.s.-.c, . . . . . . ...m.., - . . . . . .4 1 Mile Island, i i I became a charter member of the nuclear (
2!
safety review staff reporting to the general manager 3: at TVA with -- over the group, had overall 4! responsibility for oversight of quality activities in i
5 all of TVA's facilities. :
6 My last assignment was --
We performed an 7
assessment of the Bellafon' nuclear plant to whether 8
we were obtaining a quality end product or not.
9 Other activities that come to mind in discussions 10 were 7914 pipe pots work. 7914, it is a bulletin, 11 walk downs on Sequoyah and wash bar, 7902 walk downs 12 on concrete block walls and was involved in Browns 13 Ferry fire and fire recoveries.
14 Spent nine months at Browns Ferry recording 15 ratest program. Involved in other operational events 16 at Drowns Ferry. Off gas recombiner vibrational 17 problems, RHR pump run out pockets, RHR vibrational 18 problems, spray vibrational problems, vessel clad 19 cracking problems, environmental qualification 20 problems with electrical penetrations. And a whole 21 host of others that are --
If you give me a while 22 longer, they will come back to me.
23 Q. No, no, that is fine. I'm out of paper. !
24l Fow, when you worked --
Strike that. ;
! I 25!
The time period that you were with Energex r
)
)
UNITED AMERICAN DFDoDTTM" cro"'*"" '"~
...,s . . .. . .
. . o - 4 r ~ w t.. g. # .e.o. 6 . , e . . . . . .; . . - . . .a o i ~.o....c.x..... ... .. . ....< .. ,. ...... u ... . ,,... .
12 i Corporation, did you Strike that.
2 i
Did Energex Corporation fold after you 3: left?
4 MR. EGGELING: Fold? I 5! A. What do you mean by "fold"? l l
6 Q. (BY MS. GARDE) Does it still exist as a 7 company?
8' A. No. I 9 Q.
Okay. When did it stop exi sting as a 10! company? !
l 11 A. I don't know the specific date.
12l Q. Do you know the month and year?
i 13 A. October of 1985.
14 Q. Who contacted you about Comanche Peak?
15 A. Tony Buhl.
16 Q. Who is Mr. Buh1?
17 A. Mr. Buhl was my boss at the time. l 18, Q. At Energex? i I
19, A. Yes.
1, '
20' Q. 1 At the time that Mr. Buhl contacted you, j 21l did he have a contract with Texas Utilities for the i
22' Energex Company? i 23 A. I don't know.
24 Q. When he contacted you regarding Texas :
25! Utilities Comanche Peak plant, what did he tell you? l l
khhhThhU hDOOb I
m cww. m . m . s . . v,.. : e c. ,..w. w .4 , ,,. w f.u: s. ya . , ,,...:. . . ..w...#.-c......,....p,.....w......ss........'.
12 1 A. I don't remember, i
2' O.
Did you contset anyone in Texas Utilities 3l following your discussions wi th Mr. Buhl about 4! Comanche Peak?
5 MR. EGGELING: Ever? He is here now.
6 MS. GARDE: Immediately thereafter.
7 I mean, this is not a ga m e . I'm just t r yi ng to figuro out how he gets down here.
8 9?
MR. EGGELING: Why don't you ask him 10 that.
11 MS. GARDE: So I'm going to ask his 12 questions in the line that events happened.
13 Q. (BY MS. G A RDE ) So Mr. Buhl told you about 14 Texas Utilities, Comanche Peak. You don't remember 15 what he said. Following that discussion with I 16 Mr. Buhl, did you have an occasion to talk to someone 17 from Texas Utilities about the Comanche Peak plant?
18 A.
Can you clarify what you mean by '
19 "contacted"?
20 Q. Did you talk to anyone from 21 Texas Utilities?
22 A.
I'm really having difficulty answering the 23 i question.
I 24 Q. All right. Did you talk to anyone from i 25 Terra Corporation about Texas Utilities?
UNITED AMR ni ca u o r n a n * * .' a - - - " - - - -
. . _ v .. . c , ' . v4 * * , ,, , . ,, , , .m .j... ...;..u- 4. ,,,,,. ... n c .,+, -~ v v ~
1l 14 A. M y --
2 MR. EGGELING:
3 Let me see what the difficulty is.
4 A. Could you --
5 Q.
(BY MS. GARDE) Do you want 6
ne to ask you another question?
Do you want me to ask you a 7
different question or another question or rephrase 8 the question?
9:
MR. EGGELING: No. The witness' 10 I problem was, I will state, was that you continue to lij leave your questions open-ended in a way that makes 12 them difficult for him to anticipate what you are 13 really intending.
I have told him to answer your 14 questions as literally as he understands them and 15 that you are going to endeavor to focus in on what 16 you want at some point.
17 '
O.
(BY MS. GARDE) 18 I don't intend this to be an open-ended question.
19 I want to know who was your 20 next contact besides Mr. Buhl about Texas Utilities Comanche Peak plant?
21 A.
The senior r evi ew team.
22 Q.
Who on the senior review team?
23 A.
The senior r evi ew team was a group.
24 Q.
Did you attend a meeting with the senior 25 review team?
UNITED AMERICA N R P D o o * ' " ~~~" _-
y vwwmmw: no.,a +. . e a u o e w. v u ... a . n. . . . +.m . , n ,. x a. . .w . ...a .- .w.m.o . -.. o w u.s e+ war w m . .. o. s..
1 1 A. Yes.
2 Q.
i Mr. Buhl tell you to go to Texas to meet. I 3
with the senior review team?
4[ A. No. i I
1 5 Q. I Did Mr. Buhl tell you to attend a meeting {
6 with the senior r e vi ew team over the telephone is 1 7 this a telephone conference?
8 MR. EGGELING: Wait. He just 9.
answered he didn't tell him that, and now you have 10 asked what method did he tell him.
11 MS. GARDE: No. I asked him if he 12 directed him to go to a meeting in Texas. I don't 13 1 know why this is such a problem, but I just want to 14 know who he talked to and when he talked to them.
15 MR. EGGELING: Why don't you ask him 16 those questions. ,
17 >
MS. GARDE: I am trying to.
18 Q. (BY MS. GARDE) When did you talk to the 19 senior review team?
20 A. November of '84.
21 Q. Where did you talk to them? .
22 A. At Comanche Peak.
23 Q.
Did you travel to Comanche Peak?
24 A. Yes.
25' O. Where did you travel from?
l t
UNITED AMERT PAM #eDoo*'"" """"'^"" *"'
,g , .m .2 v . m . ,~-. . o e . : . m . . ...a.,e..,.. .-..y...,..=.,. ......, - . .e 3
16 l '. A. Knoxville, Tennessee. l 2 Q. Where was Mr. Buhl?
3 MR. EGGELING: When?
4 Q. (BY MS. GARD) When he told you to go to 5 Texas.
6- MR. EGGELING: We haven't ever 7i established that he ever told him to go to Texas.
8f You asked him that question and he said he didn't.
I 9l MS. GARDE: We are going to be here I
i 10l all day. '
i 11 MR. EGGELING: No, we are not. We 12 are going to be here until 3:00. Ask some simple l' i
13 questions. For some reason, you don't want to. '
i 14 Q. (BY MS. GARDE) Why cid you go to Texas?
15 A.
The senior review team asked me to. i 16 Q. Do you recall who on the senior r e vi ew i i
17, I team asked you to go to Texas? .
18 A. No. !
1 19l Q. When you met with the senior review team, l
20 what did you discuss?
1 21 A. I don't remember specifically. i '
i 22 Q. Did they offer you a job?
23 A. Yes.
24 Q. For Texas Utilities or a contract with 25 Energex? I i
UNITE D AME RI CA N R F D o D T T *J c- c'D"'""" '""
m m q . .y m c m .v .- ;<..o a y u w y . .. e n .s % o . .. y 6,, .s.o.,o.
..-.e..... ::. ,.. ;. . a e % s ..,..;..s... ..
- r--
1 MR. EGGELING: Ex c u s e me?
I 2; i
i MS. GARDE: Did they of f er him a job 3; with Texas Utilities, direct employment.
4l MR. EGGELING: Asking him whether 5
they offered Mr. Tyler a job with Texas Utilities?
6 MS. GARDE: As direct employment.
7 MR. EGGELING: And you realize you 8
are asking whether the senior review team offered him 9- that job?
10 MS. GARDE: Yes.
11 MR. EGGELING:
That, therefore, they 12 are somehow implicit in your question, the senior 13 review team has the authority to hire people for 14 Texas Utilities?
15 MS. GARDE: Well, he won't be.
16-MR. EGGELING: Well, you are assuming i
17! it in the question.
18 MS. GARDE: All I want to know is did 19 they offer him a job. He can answer that.
20 MR. EGGELING: No. He didn't ask him.
21 MS. GARDE: The senior review team.
22 MR. EGGELING: Did the senior review 23 team ask him, there is no problem.
j 24l MS. GARDE: If you want to object and 25 if he doesn't want to answer the questions and wants i
UNITED AMiRTrau orna"*'"" ""'"-~~~
p m.e.w;. . . , u. c . .wo.w o w u.oe.w s. n ..%, ve. i. . e...# s .6 s.t . #. . s n. .. v. . 6. .g .. . 2.w. a... v: . . . . . , ..
I 18 1
. to be an unresponsive witness, then we will be here l
2 till 3:00.
i {
3 MR. EGGELING: He is not 4I uncooperative. He entitled to answer questions asked' 5
of him which are not filled with pageant ambiguities.
61 MS. GARDE: Pageant ambiguities.
l 71 !
Q. (BY MS. GARDE) Mr. Tyler, were you -
i 8!
of f ered a job during your trip to Texas to meet with '
l 9: the senior review team?
10 A. Yes. l I
lil Q. Who offered you the job?
12 A. The senior review team. I 13 I Q.
Who from the senior r evi ew team offered l 14 you the job, what individual?
t 15 A.
There was no one individual. The senior 16 review team asked me.
l 17 Q. Meeting as a group?
18 A. Meeting as a group, asked me to perform a '
19 job for them. !
20 Q. All right. Was that request directed to 3 21 you individually? Were they going to pay you --
22 Was Texas Utilities going to pay you directly?
23 A. No.
24 Q. Were they going to pay Energex Corporation 25 for your services? !
1 l
u'j' 3 w urcau orono- ~ - - ' - - - - - -
n .m.ng . .... . ,. ,w... ,, . . . . . . - - . . . . - .. m ~, .
.q.,....:.....u.....s...,...c,..,.. ..;
I t
I ;
19 'I i
l' i A. Yes.
2 Q. Thank you. What was the job that they l
l 1
3 asked you to perform for them? !
4: A. A member of the support staff to the 5' senior review team.
6 Q. Did they explain to you what your duties 7, were going to be? '
8 A. Yes.
i 9- Q. What were the duties that they explai ned 10 to you?
11 A.
Whatever the S RT asked me to do.
12 MS. GARDE: I would like the record 13 to reflect that Mr. Wooldridge has joined the 14 deposition.
15 Q. (BY MS. GARDE) Did you have an 16 understanding of what those duties were going to be?
17 A.
To the extent your ques ti on pr esumes that 18 I knew e ver yt hing I would be doing in the forthcoming 19 months, the answer is no.
20 Q. Okay. What types of duties were you going 21 to be performing? Were you going to be washing 22 windows for the senior review team?
23 A. No.
I 24 Q.
9 Were you going to be car r ying bags for the 25l senior review team? ' ;
i i
t UN ITE D AME R T C A '4 DronomT"a een"'*"" --
- y. .y ~.c ., . . , . r. . . . u . . . . .. m . . s w ww v. .. . , . . . . . . 4 . . . o , . . . z . . . a . . e , . . . . . s.w #.%. .; . ... .. s , . u . , v. .
?^
- 1. A. No.
I 2 O.
Were you going to be performing quality 3, control inspections?
I A. No.
4li 5I Q. Were you going to be performing 6; engineering functions?
I 7I A. No.
8j Q. Were you going to be performing r evi ews of i
9, the CPRT?
10 A. What do you mean by "reviews"?
11! Q. Were you going to re vi ew the CPRT document 12 and make any determinations or r e comm en da t i on s to the 13 SRT about that document?
14 A. Only if they specifically requested me to.
15 Q. Okay. Did they specifically request you 16 to do that at the meeting that you had with them when 17 they offered you the job?
18 A. No.
19 Q. Were you going to be maki ng pr es ent ati ons 20 to the Nuclear Regulator y Commi ssion about the CPRT?
21 A.
To the extent your question is i mpl yi n g 22 that I knew of that responsibility at the time, the 23 answer is no.
24 Q. Did they ask you to write procedures for 25 the CPRT?
UNITED AMPoicau eenen- o- a--"- ---
uwa .evow w - 3ef %.y .. e fu .w. s o.mv. e , woo.w.y ..w.m.w.. . s.#.. .. .v.,> .s2.. ;. g.-
. ;. c a= w; r.-- s, gr.c - r .- c I
I '.
1 A. The day I interviewed, no.
i 2' O. Did they ask you to be the director of the l
3' CPRT?
i 4f A. On the day I interviewed, that was not 5 discussed.
6 Q. Is there any other duties that you had an 7
understanding you were going to be expected to 8
perform that I haven't asked you about, types of 9 duties?
10 A. No.
11 Q. How long did the meeting with the S RT last, 12 the first meeting?
13 A. I don't remember.
14 Q.
. Were you in Texas for more than one day?
15 A. I don't r e m e m b e 't .
16 Q. When you left Texas, did you return to 17 Knoxville?
18 A. Yes.
19 Q.
Did you accept the offer of employment 20 before you left the meeting with the SRT?
21 A. Can you define what you mean by "offer of 22 employment"?
23 Q. You testified earlier that at that meeting.
24; you were offered a job by the SRT. That job was a 25 contract to Eriergex. Did you accept that job or that UNITED AMFDTr&M D P D ^ D * "' " """"'""" '"~
- c. . . . ;a. s n.. ;u u . . g a, u is e . . . w. ..:, y.. .ie. ~: .;,,a . v...o;..a n 9..,.. n p . w s. 9 , + .v,o..w.o.-.
^^
22 i
li contract to Energex during the meeting with the S RT ?
2 A. Yes. -
3 Q. When was the next time you returned to 4 Texas? "
5 A. I don't remember.
6 Q. Did you return to Texas prior to the end 7, of 19847 8 A. Yes.
- 9. Q. Did you move yourself and your family 10 before the end of 1984 to Texas?
11l A. Can you be a little more precise by what 12 you mean by "moved"?
13 Q. Did you physically relocate from Knoxville 14 to Texas before the end of 19847 15 A. No.
16 Q. Okay. Have you ever ph y s i ca l l y relocated 17 to Texas?
18 A. Yes.
19 Q. At the time that you began working at 20 Comanche Peak, had you moved to Texas?
i 21 A. Assuming the same de fini ti on of relocation i i
22 of my household, the answer is no.
23 Q. When you r e po r t ed to work, who did you 24 report to at Texas Utilities?
25 A. The senior review team. !
t 11M T Tr n aupoveso m f' " a a "' ' " ** *"""-*"* ~ ' ' '
rw vrr;revevo .. ... ..w.
wvru w . . .e.w . u .e . <.. . . . . . . m..,
. , ~. 7 . . s .. . . . 4..w c . ..
. r. s . v 3, . _. s . . v 22 1: Q. Okay.
Was there a member of the senior 2
review team that was your direct supervisor?
3 A. No.
4! Q.
Do you receive performance e va l ua t i ons now
, 5 from Texas Utilities?
6 A. Yes.
7 Q. At the time that you began working at 8
Texas Utilities, were you working for Energex 9 Corporation?
10 A. I didn't hear all of the question. Could 11 you repeat that?
12 Q. At the time you act ually report ed to work 13 for your first day of work on Comanche Peak, were you 14 an employee of the Energex Corporation?
15 A. Yes.
16 Q.
In your role as an employee of the Energex 17 Corporation, did you get performance evaluations by 18 anyone at Energex Corporation?
19 A. Yes.
20 Q. Okay. Who was that? Who would have given 21 you your performance evaluation at Energex?
22 A. Tony Buhl.
23 Q. All right. Did you have a written job 24l description when you reported to work at l
25 Texas Utilities?
UNITED A MpuT ra u oponn=*"a a-a"----
,. v ,. n.n . . . e n.. . y ;. .. .. ....~.,1 a. .. , ...r.
. . . . , . . . . . . . . .s.,. ..n..-....<u. ,
4.s l :._-
24 A.
1:
Can you be more specific as to the context !
1 2 you mean of tre job description?
I 3! g O. What date did you report to work at 1 e 4 Texas Utilities?
S'! A. Well, I don't remember the specific date. .
l 6 O.
Was it in November 1984?
7; A. No.
8 Q. When was it?
9 A. October of 1985. '
i 10; Q.
Between November of 1984 and October of 11 1985, did you do any work at Comanche Peak?
12 A. Yes.
13 O. And the work that you did at Comanche Peak 14' betwean November of '84 and October '85 was as an 15 empicyee of the Energex Corporation; is that correct?
16i A. Yes.
I 17l Q. Okay. How much of your time between
^
18 November of '84 and October of '85 did you spend at 19 Comanche Peak?
l 20 A. Essentially full-time.
21 Q. In November of 1984 when you began your 22; essentially full-time employment at the Comanche Peak 23i site for Energex Corporation, were you provided with 24; a written job descripti on?
25 A. Could you repeat the question, please?
UNITr n a ur ov na o a-aa---"- ---"- --
- , . .m m v_ . - . m. g. ,.. v .m w, . . . z. m . . . = .~ , . -, . . . . . . ~ . , , . .o . . s . .s . . . .. ... . . . . ,,,.. ....>,...,. i..o.c.
l 25 1:
MS. GARDE: Do yoJ want to read it
- 2. back?
3 (Record read back.
4 A. No.
5 Q. tihen you be- --
Strike that.
6 When did you go to work for 7 Texas Utili ti es directly?
8 A. October of 1985.
9 Q. At that time, who was your direct 10 supervisor?
11 A. What do you mean by "direct s upe r vi sor " ?
12 Q. Who was the official who you understand 13 would give you your evaluation of per f ormance ?
14 A. John Beck.
15 Q. Do you have an office now in the Dallas 16 offices of Texas Utilities?
17 A. No.
18 Q. Is your office at the Comanche Peak site?
19 A. Yes.
20 Q. Has your office always been at the 21 Comanche Peak site? I 22 I
A. Yes.
23 Q. Following your a r r i va l in November of 1984 24; to the Comanche Peak project, did you r e vi ew
. 25 documents about the Comanche Peak plant? I e
i MNTTrn nurote*" """a"**" * " - * * * ~ ~ '
m.-. . ,~..w y, ~.n. n m .. v. .m y . . va. m . ; . w. s .. c . < . . v , ..a m,.r . n o . . . . u w . . . . . .. . ~ = . w. .
l 26 1! A. Can you read that back, please?
2 (necord read back.
3 A. Yes.
4; Q. Okay.
t During the first month after you 5
arrived at the Comanche Peak plant, did you review 6
the Management Analysis Corporation's report on the 7 Comanche Peak project of 19787 i
81 A.
I, This is the same time frame?
9.
! MR. EGGELING: First month?
10 Ij A. First month on the job?
lli Q.
I (BY MS. GARDE) Yes.
12 -
A. No.
13 Q.
Have you ever reviewsd it?
14 A. Yes.
15 Q. I Do you remember when you reviewed it?
16 A. No.
17' O.
Within the first month on the project, did 18 you re vi ew the NRC special inspection team report or I i
19 the SIT report about Comanche Peak?
20 A. I don't remember.
21 Q. Have you ever reviewed it? f 22 A. I don't specifically remember.
2 31 Q.
I During the first month that you were at 2 4 ;< the project, did you r e vi ew the NRC's construction '
2 5! apprai sal team report or the CAT report?
f i
nyy,en a vr ov e. o ------ ..- - - - - - - 1
,_....s- - , , . . .-,s. m....s-., .<;...o. .s.....,..,.,..,.
. c,. ..a <
, . . , . . . . ; . . . .- , . , , , a .s .t . . 3 . , . # .
I 27 1 A. I don't remember, l
2; Q. Have you ever reviewed it?
I 3' A. Yes.
t 4} Q. Do you remember when?
5 A. No.
6 Q.
i During the first months that you were at 7
the project, did you review a document entitled the 8 Lobbin report?
- 9. A. I don't remember.
10 Q. Have you ever reviewed it?
11 A. Yes.
12 Q. Do you know when?
13 A. No.
14 Q. During the first month that you were at 15 the project, did you ever review -- Strike that.
16 Did you review during your first month on 17 the project ASME, QA/QC audits of the Brown & Root IS quality assurance, quality control program?
19 A. I don't remember.
20 Q. Have you ever reviewed them?
21 A. Yes. l 22 Q. During your first month on the project, 23 did you review any reports about Comanche Peak by the +
24 Institute for Nuclear Power Operations or INPO?
25 A.
To the extent you mean a report directly i
nyympn s u e n a . .. ------- - ~
, m a y o-a , . e m ~ m, r. v - n.wa w a.w. e n s yn avm o. .ao,wm wo.co.ao murwyawsa a su
' hg 28 1
i sseed by I t. P O on an assessment perforced by INPO, l
2' the answer is no.
3 Q. Have you ever reviewed it?
4 A. Yes.
5 Q.
During the first month that you were at 6j the project, did you r e vi ew proposed findings of the
\
7 Citizens Association for Sound Energy on the Walsh 8, Doyle allegations?
9, A. I don't remember.
10 Q. Have you ever revi ewed them?
11 A. Yes.
12 Q. Do you remember when?
13 A. No.
14 Q. During the f i r s e.
month, did you r evi ew the 15 proposed findings on harassment and intimidation 16I issues prepared by CASE?
17 A. I don't remember.
18 Q. Have you ever reviewed them?
19 A. Yes.
20 Q. Do you remember when?
21 A. No.
22 Q.
Have you ever reviewed the testimony or 23; transcrists from the Atomic Safety and Licensing i
24! i Board hearings regar di ng Comanche Peak?
25 MR. EGGELING: Any of the tostimony?
ity ve s r, a u c o , ,. . . . --------
museos so w ooew em w eao o6.wo. o .o otr o. o c - w#s- c- < e .o *. - ---6 -
l I - . - -
29 l'
- m. MS. GARDE: Any of the testimony, E\ t
~
2i A. Yes.
31 Q. (BY MS. GARDE) When did you review the 4 testimony or transcripts?
5 A. I don't remember.
6 Q. What testimony or transcripts did you 7 review?
8 A. I don't remember.
9 Q. What is your position today?
10 A. Director of projects.
11 Q.
n When did you assume that position?
12 A. Approximately May of this year.
13 Q. Who is your direct supervisor?
14 A. Larry Nace.
15 MR. EGGELING: Are you comi ng up on a 16 breaking point very shortly?
17 MS. GARDE: Yes, pretty soon.
18 Q. (BY MS. GARDE) Prior to being a director 19 of projects, what was your title?
20 A. CPRT program director.
21 Q. Who was your supervisor in that?
22 A. To the extent "supervisor" is to whom did 23 I administrative 1y report within TU Electric, John 24 l Beck.
25 O. Did you actually work for the senior nyymen s u e n , - . ,, ------..- ---
7,, e . , , , . .e-- , . . .
e v . < - . . v . v . . w.. . u n > . . . . c . s. - a , , . .q . . w. . . , c. . r. . . . . .
..............an..,.... . . . . .
j 30 l i review team?
2 A. To the extent "work" means took guidance 3
from and policy direction from, the answer is yes.
4 Q. Okay. When did you assume the position of 5
the director of the CPRT program, CPRT program 6 director?
7 A. I don't spe ci f ically r em ember .
8 Q.
i Was it before you went to work for i
9
?oxas Utilities as a direct employee?
10 A. Yes.
11 Q. Prior to your having the position of the 12[ CPRT program director but after coming to work on-the 13 project, what were --
what was your title?
14 A. CPRT support staff.
15 MS. GARDE: 'c ' a t is the end of page 1.
16 We can take a break.
17 (Recess.
18 Q. (BY MS. GARDE) Whose decision was it for 19 you to change from the position of the CPRT program 20 director to your current position?
21 A. Combination of Mr. Beck, Mr. Nace, and 22 Mr. Counsil.
23 Q. Who informed you of the decision?
24j A. Mr. Nace.
25 O. Did Mr. Nace tell you what the basis of
mo . s a. o#m ece ca.ooecou . moo uew-aw.o .#w.aw, eam .%. m .,2,c. .
. e...a a.p. w. g. v. 6. .-tm 31 1
the decision was?
I
- 2. A. Yes.
3; Q. What was it?
4l A.
That my talents were needed to pull 5
together the project department's re spons i bil i ti es on 6 the project side completing the plant.
7 Q.
Was that because most of the CPRT work was 8 done?
9 A.
From the perspective of the i nve s t i ga t or y 10 aspects being complete, yes.
11' O. I'm going to read you a sentence and ask 12 you what your understanding of that sentence is.
13 It is from Revision 3 of the CPRT program 14 plaa principals, page 13 of 45, and I would like your 15 understanding of the following statement, "The CPRT 16 will not perform inspections, calculations, or 17 designs of record for CPSES."
18 A. My interpretation is nothing more than 19 what that statement says.
20 Q. Okay. What does "of record" mean? '
21 A. For the design portion, it means the 22 validated design documentation. For the inspection i
23; part of that statement, it means exactly what it says, 24 inspections of record. Inspections t hat can be taken 25 credit for under 10CFR50, Appendix B program as the gin g ,n e n s u e n , ,. . .. - - - - - - - - . - - - - - -
m o.a.s... r. ., w . .s y . e . . . . . --..o .~.s. .......;..-.....cs.....,..m-
. ,w y .n a.
7 -__ _
i
, 32 l'
1 official record of the original inspection.
i 2i Q. Do you know where the actual CPRT l
3l documents are going to be maintained at the site?
4 A. Plans as they always have been is for the 5
CPRT records to be stored as a permanent record for 6j Comanche Peak commensurate with ANSI criteria for the i
7' storage of records.
i The intent is to transfer those 8 from the control we currently have in the CPRT 9
central files to the permanent plant records va ul t i 10! once the CPRT need for access to those files is over.
11' O.
Do you know what a CPRT deviation report i
12 t is?
i ,
13 A. Yes.
14 Q. Do you know what an out of scope 15 observation memo is? i 16 A. Yes. i i
17' O. Do you know if deviation reports and out 18 of scope obs er va tions are maintained with the 19 permanent record that is going to be relied upon for 20 the official record of the plant?
21 A. If you are asking whether the deviation 22 report or out of scope observation is ph y s i ca ll y 23 attached to the nonconformance report that the 24j project generated for each of those or a combination 25 of those, in some instances, we did, some instances
,,u,=nm . ...- - . . . .. ---
m ,m um a.- - - o m. u--. m % . . ~ .c m o . w . ~ ., ~ 3 . . o . m . .. .. ., m po o.
. .s w -m o.
I 33 4
1: we didn't. However, all deviations and out of scope 2; observations identified by ERC, which was the i
3} principal identifier and preparer of those documents, i
4l are all ca pt ured verbatia on nonconformance reports.
5 Q. It is true, isn't it, that some of those 6
nonconformance reports were prepared retroactively?
7 Do you understand my question?
8 A. No.
9 Q. Okay. CP RT ha s gone through a number of 10 revisions, has it not?
11 A. If you mean the program plan.
12 Q. The program plan.
13 A. Yes.
14 Q. Okay. Under Revi si on 0, was the project 15 generating nonconformance reports verbatim based on 16 CPRT deviation reports in every case?
17 A. CPRT de vi a tion reports were not even 18 mentioned in Rev. O to the plan. They were a 19 mechanism that ERC decided to use principally with 20 the VII.c. re-inspection program that they 21 proceduralized in one of their CPP procedures for a 22 way to capture deviations as they identified them in 23 the field.
24 Q. Do you know when VII.c. became a part of 25 the CPRT program?
untmen a u e n e m .' a------ - ----
.. es.o o..oc.- ..o.og0..u. . e. . 2 . . s. o . . , %,
w e % w m egya we.o-c.u.w ww.w,.ow.g.%.m 34 lli A. Is that i complete program plan?
2 Q. Actually, this is not. I have Revision 4 31 with me.
4- A. Do you have ISAP VII.c. with you?
5 Q. I don't have the ISAPs with ce.
6; A. Do we have them?
7fi Q. Do you need the ISAP to identify that?
A. I can tell you if I can look at the ISAP 8l l
9, i
when it became a part of the program plan, 10;l
. approximately, between that and the chronology of 11l events.
I 12 MR. EGGELING: We have Revi si on 4.
13 This is a chronology of events in the initial part of 14 the program plan.
I 15 MS. GARDE: Off the record a minute.
16 (Off-the-record discussion.
17 (Witness perusing document.
18 Q. (BY MS. GARDE) A general time frame would 19 be fine, Mr. Tyler.
20 A. Early July of 1985, as a part of the 21 Revision 2.
22 Q. All right. From November 1904 to July 23 I
1985, what types of CPRT forms were used to identify 24 deviations, de f ici enci es , or out of scope 25 observations, as they are now understood by the f
,,u w e n . . . ~ , , . . . . . . - .
r . .zry.u n a c . . m . s.m a o n w - w.;. n.. ,a, s ; ..s - v .a .a o - 4.~.- ~ y - mop.o. w,a. w o .. . . ,
A I
35 1 program plan?
l 2- A.
i To the best of my knowledge, deviations 3)i which would cover all of the three categories which 4} you mentioned were identifie'd either as on SAT l
5 conditions or inspection reports and/or 6
nonconformance reports directly. There was not an 7
i nt e rm edi at e piece of paper during that time period.
8 Q.
The on SAT conditions were recorded on 9 inspection reports? I didn't cat ch your testimony.
10 on SAT co nd i t i on s were identified on what foras?
11 A. Inspection reports.
12 Q. That is what I thought you said. Was that ;
13 a separate type of form?
14 A. Yes.
15 Q. Was the innpection report form that you 16 are ref erring to a site document?
17 A.
During Revi sion 0 of the program plan, yes.
18 Subsequent revisions after the third party took over '
19 as review team leaders, issue coordinators, et cetera, 20 they were inspection reports that the third party 21 r evi ew team leaders had endorsed as i mpl em en t i n g the 22 ,
issue specific action plans that they had r e vi ewed !
23 and modified where appropriate during the transition !
24 time frame from Re vi si on 1 t o Revi sion 2 of the !
25 program plans in the issue specific action plans. ,
..... o n . . . - - . . . . . - . .
I
.ns u.y w ...~..m x .a.us.a w..w,e.m ooy.a.,o.,-.co m.yso s.o .w.s.o.,.,e.-x vwwa. .e s u. .. v. s w -
36 i
l' O. And you also referred to NCRs. Were those 2 site NCRs? ,
3 A. Yes.
4 Q. Did the CP RT in Rev. O and Rev. 1 prior to 5
the addition of VII.c. identify all failures to meet 6 original co mmi tm en t s of the site?
7 MR. EGGELING: Could I hear the 8 question back?
9, (Record read back.
10j MR. EGGELING: You can't mean that.
1 11l I don't understand what the question is.
12 Q. (BY MS. GARDE) Okay. Do you understand ,
13 the ph r a s e "failure to aeet a commitment," Mr. Tyler?
14 A. Within the context of the issue specific ,
15 action plans and the specific i nve s t i ga t i ons that 16 were conducted under those, all failures to comply 17 with design criteria or criteria imposed by that 18 issue specific action plan are identified either as ,
19 an unSAT on an inspection report and/or a 20 nonconformance r e po rt .
21 Q. Okay. Do you understand what an FSAR 22 commitment is?
23 A. Yes.
- 24) O. Under Rev. O and Rev. 1, did the CPRT 25 identify all failures to meet FSAR commitments?
nuvern . . . - - . . . . . - - - . - -
p .uwznne a n .pyw w ..e.~an.e.. - -e. > x . . .c , . . . a ., . ~-.o . .e. ..... . ;;.. a e . . . .
2' 1 A.
1 Within the context of the scope of what 2: the specific --
issue specific action plan was 3' investigating, yes. .
41 C. Within the first month that you were on i 5
the job site, did you review NRC letters from the 6
technical review team that we.e available at that 7 time?
8 .
A. Yes.
9 Q. Have you since reviewed the SSERs numbers 10 7, 8, 9, and 117 11 A. Yes.
12 Q.
Does the CPRT program plan satisf y the 13 requests of the NRC as contained in Appendix P of 14 SSER 11, in your opinion?
15 A. It has been a long time since I looked at 16 that document. To the best of my knowledge, without 17 specifically reviewing it, it satisfies the intent of ,
18 what was stated in that appendix, i 19 Q. Let me see if I have it so you can review t 20 it. i 21 A.
Go off the record and get another cup of l 22 coffee.
23' (Recess.
24 (Witness perusing document.
25 Q. (BY MS. GARDE) Let me draw your attention
my ., 1. a wa na w n pne w a o... e o n > . ~ n wn.u.. .z. . .n.. a .. .~ m . 0, e . u .v. ca . w. +
L t
38 l' to Appendix P, page 28 1
w ni ch I believe has the 2} conclusions. They are written all over.
I Okay. The 3i t overall as s es sm en t s and conclusions. It is on pages 4' 34 and 35.
It has numerous markings on them which (
5 are all mine. I would like you to just look it over 6
to refresh your recollection of what the conclusions ;
7l and overall assessments were.
8 i (Witness perusing document.
9 Q. i Have you finished reading the conclusions? :
10 Has your answer changed in any way by reviewing the -
11 i assessments and con cl us i ons ? I 12 MR. EGGELING: Well, why don't you I 13 reask the question, because I'm not clear that the 14 question is applicable to these provisions of the '
15 pages at all, but I may have misunderstood the .
16 original question. i 17 Q. (BY MS. GARDE) All right. h Were you ,
18 familiar with Appendix P of SSER 11 at the time it !
19 was issued? Did you read it then?
20 A. Or shortly thereafter.
21 Q. All right. And shortly thereafter, was i
22'l the CPRT program plan revised to incorporate the !
i 23i! direction of the NRC as contained in SSER ll ? !
24; A.
Most of the specific findings contained in !
25 the conclusi onar y s ecti on were already specific i
,n,,,,, . . . - - . . . .
e vacoww.wu. - oo w a m e w. w p o - m uu. m eu - - o, .w..-m e u me w omm~ e 39 1=
topics for investigation in the VII.c. 1 D7 B series r 2
of issue specific action plans that resulted froa the 3! January 8th, 1985 initial letter on QA/QC by the TR7. -
4 Did the program change as a result of the issuance of I
5 SSER ll?
6 Q. Yes.
7 A. Not to my knowledge.
8 Q. All right. Does the program plan as it 9
now exists in Revision 4 meet the intent as you 10 understand it of the NRC as e vi den ced in SSER 11, 11 Appendix P7 12 A. If you expand CPRT to envelope the 13 '
correction actions that the project is performing '
14 which has always been a provi sion of the CRPT prograa '
15 plan, yes.
16 Q. Is it possible to reach a determination on 17 the adequacy of the CPRT without re vi ewin g the 18 program elements of the corrective action program?
19 A.
I need you to clarify what you mean by ;
20 "adequacy."
21 Q. All right. Will the CPRT identify all 22 deficiencies at the Comanche Peak site? '
i 23' A. ,
I need you to define "deficiency" for me.
24 Q. In the generic sense of de vi a t ions ,
25 deficiencies, nonconformance, nonconforming
m., ,~- c- e.e s... . . c 7. e _ . . .. . .w . . g u m . - o.s v . . ..e . x , ., # . 3,o.o m o y m # . ;.
. e -- e o e
40 1
-condi ti ons , failures to meet a commitment. Using the 1
2 I
broadest i nterpretation of the word "deficiency," not 3'
as a term of art used in the CPRT, will the CPRT 4! program plan identify all deficiencies?
l 5 A.
CPRT program will identify as always ,
6 stated in the program plan all systemic deficiencies t
7e either directly or through root cause generic l
8j implication evaluations trending analyses, and the 9!
generators thereof that could prevent the facility 10 from being operated in compliance with SRC 11 regulations.
1 12' O.
Will the C P RT insure the correction of all 13 those deficiencies so identified by the CPRT7 14 A. I'm having dif ficult --
difficulty with . ,
15 what you mean by "oversee."
16' O. Read back the question, please.
17 (Record read back.
18 A. What do you mean by "insure"? CPRT 19 performs oversight as defined in Appendix H of the 1
1 20 program plan.
21 Q. I understand that, but I want your
! 22 understanding of whether the CP RT will, through its ;
23 various components and parts, and that may be through 24- o ve r si ght , insure that all de f i ci en ci e s identified by 25 the CPRT are corrected?
I f i
,m,mmm . . . . . . . . . . --
5
._ . amn. . - n w m . , , w w .m u nor e. v wn m wa o.
m,w.msmmma o n.cwo p.q;. uwww.c I
41 1 A.
The C P RT will perform enough oversight of 2 the design a s pe ct of corrective actions and the i
3; implementation of those changes in the field to 4' satisfy themialves that the programs that are in 5
place are correct and indeed are being ef f ecti vely 6 implemented.
That does not mean that they will sign 7
off or approve or endorse or concur with the 8
disposition and the implementation of each and every 9
finding that came out of the CPRT program, and that 10 is within the cont e xt of the oversight role the CPRT 11 is pl ayi ng , which you have a good program and you are 12 effectively implementing it.
13 Q. What part of the CPRT prograa is 14 performing that oversight function on the corrective 15 action programs?
16 A. The S RT is directing CPRT oversight.
17 Q. What procedures is the CPRT perf orming the l
18 oversight of the corrective action program to?
19 A. Appendix H of the program plan.
20 Q. Okay. Appendix H of the program plan sets l
21 forth the corrective action plans is that correct?
22 MR. EGGELING: Had you finished your 23 answer previously?
24 MS. GARDE: Oh, I'm sorry.
25 THE WITNESS: No.
i
(
i g nt y e p n . . . . .. .-
wonecca i .n.ws,m.namm.om aa a.o .ou on .w. . . . . . . . . . . . . .
. . . ./ . .s , . . a . . r . . s. . w . .
O ~ *
- a. >
f l
, L 4:
1 L! Q. (BY MS. GARDE) Okay. I'm sorry. I 2 A. If I'm not mistaken, there is also a 3
policy and guideline that the SAT recently approved 4! that provides additional guidance for that oversight.
5 Q. Do you know the number or the name of that 6' policy and guideline?
i i 7 A. No, I don't. And it has come out, if it 8
is out, since I left as the program director of CPRT. '
l
- 9. i Now, part of that oversight is the senior review '
10 team's direct involvement with and periodic reporting i 11l by the TU Electric technical audit program findings, '
12 periodic briefings by team members, and periodic 13 briefings of the S RT and direct obser vation by the 14 SRT in the engineering functional evaluation 15 activities being conducted of the design portion of 16 the carrective action program. There will be other 17 directed overviews that the E RT asked to be performed 18 from time to time consistent with the Appendix H, and 19 you have the CPRT direct overview of the 20 implementation of the design corrective action 21 programs f or pipe supports, large bore, and ca bl e 22 train conduit supports, the DSAP 4 and 9 results 23; reports.
24l Q. Do you know what document or documents 25 e xpl ai ns that oversight f unction other than the
,,u, . .. . . .. .-
w s.: ;> ..w.~.m.,emo ,aw....esew~ .a y ~ .o.o..o.-..-
. . . , .. . . wa a mm u .. . . . . u . .
l 43
-1I Appendix H that you have made reference to and the l 2) policy and guideline statement that you made !
3j reference to? "
4 A. Those are_the only two.
5 Q. That you are aware of?
6 A.
That I'm aware of.
7 Q.
Who else would be aware of those documents?
8 A. The S RT and Mr. Ferguson who is now the r
9 CPRT program airector.
t 10 Q. Would Mr. Beck know about these things?
11 A. I don't know. He should.
12 Q. During the implementation of the 13 corrective action programs, will nonconforming
- 14 conditions be identified above and beyond the CPRT -
15 efforts? '
16 A. Yes, and have been.
17 Q. Will those identified nonconforming i
18 conditions be fed back into the CPRT for 4 19 consideration in their coll e c t i ve evaluation report?
20 A. No, nor is there a reason to. CPRT came 21 to a conclusion that corrective action needed to be 22 ;
performed in an area and made a r ecomm enda t i on to the 23 project to go implement that corrective action, which 24 many times involves a 100 percent re-inspection of 25 all commodities for a particular type of deviation i no ,w n . . . - - . . . . .-
v.w ,..-vc , o... w .oc.. m,. m .o c. v o,w...w %o ,., % w .vv v s.r. s 0.w,. .%:w. a 0.- c.m .e.% c w- wo w.w 44 1,
that CP RT identified that by its very nature says you 2l will find more; document those conditions on the I
3l appropriate nonconforming condi ti on pi ece s of paper, l 4:I disposition the findings and implement any rework and 5
reinspect any rework that comes out of that.
l 6i Q. The CPRT has not dicta:ed 100 percent '
H 7,
re-inspection of every area of the plant, howev?r, 8! has it?
I 9 MR. EGGELING: Well, what are you 10 getting into now? The program plan obviously does 11! not. If you are getting into implementation, I want 12 to know where we are going.
13 MS. GARDE: It is a matter of public 14 record. It is a matter of public record. It is a 15 background question, and I need to probe the answer l
l 16' that he just " vc ?. ;ca u s e in answer to my question, 17 he answered w4th a subset of my question, and I need 18 to underetand the rest of it. And I mean I think
{ 19' your objection on the basis of being implementation l 20 is supercilious, to use Mr. Walker's word.
f 21 MR. EGGELING: I have to know the 22; question as to whether I have to object or not.
I 23! MS. GARDE: I asked him if failures 24' or nonconforming conditions identified in the 25 corrective action programs are being fed back to the
..o , - , . . . . . . . . . ----
,.... ~ a.,.v .... > - , . ., y , u , , ~ . . . . . - ...x. . r.. ... . .. ,. , . . , s; . . ., . . ....4...g..,....
45 1
CPRT for consideration of the collective e va l ua t i on 2' r e po rt . He said "no" and went on to give me an 3
explanation regarding those areas of the plant where 4
a CPRT recommendation was given for 100 percent 5
re-inspection, and his answer was very articulate and 6
absolutely accurate, of course, 100 percent 7
re-inspection is going to find more problems. But I 8
need to know if that is a subset of the whole be ca us e 9 if it is, I want to know the rest of the answer. So 10 now, do you understand that?
11 MR. EGGELING: I'm working on it. If 12 I understand it correctly, your question is will 13 nonconforming conditions found by the project during 14 cor re c ti ve action project activities be sent back to 15 CPRT for consideration in drafting its co ll ect i ve '
16 evaluaston reports, regardless of the methodology by 17 which such nonconforming conditions may be found in 18 order to avoid the subset.
19 MS. GARDE: I'm avoiding the subset 20 problem. !
You said it made his pre vio us answer not as l 1
21 useful.
22 Forget the m et hodo l ogy part. I don't 23 think your clarification is accurate. I will 24 !
rephrase the question, but I think the record should 25 reflect that I believe your objection or your IIst 5 m te n ... . . , ,,
. . w . . n . . . . m<..- , . . . . . . . . s ..n s ew .u .v . .~ , . . . . . .. . .. . . m . a . . u . . . a u . s . . . .. . x c.s.n a
. o.w..v.v,.a. w...a w. w .s.
46 s
l!
question is'resupercilious because the 100 percent l
2!
- re-inspection issue has already been publicly 3 addressed --
discussed. There is a pos i t i o:: out on 44 that by the company on the streets. I'm only using 1
5' it as a basis to get back into another question.
6; MR. EGGELING: With regard to my 7
statement, Ms. Garde, my statement was that I didn't 8' understand your question. That cannot be spirous. I 9 assure you it is truthful.
, I do not understand your 10 question. You have offered to rephrase it. I would 11 appreciate that.
I 12' O. (BY MS. GARDE) Mr. Tyler, in ever y si ngle 13, case that the project in its corrective action 14 programs identifies a nonconforming condition, is 15 that information fed back to the CPRT?
16 A. No.
17, Q. Is there a subset of nonconforming 18 conditions identified by the project in their 19 corrective action programs that are fed back to the 20 CPRT?
21 A. No.
22 Q. Are any identified nonconforming 23 conditions fed back to the CPRT?
24; A. No.
25 Q. Does the CPRT's oversight function of the
, , ,, , ,,, n n . . . . . . . . ---.--
m w .n n s. ,..n.em ..n..o.. w. m m .,n..w.s.:..:.s.........a.~-..
.s. w. ....c...>. . . . . . . . ,
~
47 1
corrective action programs include the authority to 2
stop work on the corrective action programs?
3 A.
You are going to have to help me with your 4! question. I can't answer it the way you ask it.
5 Q. All right. Does the CPRT have stop work 6 authority independent of the project?
7 A. Directly?
8 Q. Did you have the authori ty when you were 9
CPRT project director to stop work on any part of the I
10 work of the project?
11 A. Directly?
12 Q. Yes.
13 A. No.
14 Q.
Could you make a recommendation for a stop 15 work order to the project?
16 A. Yes.
17 Q. Who would you make that recommendation to?
18 A.
That is a variable with time as to who 19 that recommendation would go to.
20 Q. What position --
21 A. Today, it would be to the vice-president 22 of engineering construction or the director of 23 engineering or the di rector of cons t r uc t i on .
24 Q. Would it depend on what the deficiency or 25 problem that you found was?
,,,,,,,,,,n . ..- - . . .. ---
, . . . . . = . . , ..
. ....,..4..
. 3. .,...<....-.;...;.s,.. ...,y,.3...,.. . ...,, . ,. . ,...; ,.,.i, .. ..,,,,,. ,...;,.-
48 1 A. Whose area it was in.
2 Q. Correct.
3 A.
And that is speaking as the CPRT program 4 director, not my role today.
5 O. I understand. That is the way my question 6 was asked. I thank you for the clarification-7 Where a corrective action program 8 identifies a nonconforming condition, are they fed 9
back to the CPRT for co n s i de r a t i on in the collective 10 significance report?
11 A. No.
12 Q. Okay. Is that in every case?
13 A.
To the best of my knowledge, yes. j 14 i MS. GARDE: I think that is 311. I 15 just want to talk to Mrs. Ellis.
16 I (Off-the-record discussion.
17 (Recess. !
18 MS. GARDE: No more questions.
19 ,
MR. EGGELING: Thank you, Mr. Tyler. !
20 !
MS. GARDE: Thank you, Terry. ;
21 (Deposition concluded at 2:45 p.m. !
i 22 ;
i 23 24 i
25 e
. . . .v . . . e , s , . . . .
..a w is.n o..v...e,w ,,. :.m ..v.w.av.u. wv..,.sc..r s.m 3.... s...,,.., u.syw....c,s..s3,.-.,,
. . . . s. q. ,
49 1
_C_O R_R E C T I O N S AND S I G.N_A.T.U R E 2 PAGE LINE CORRECTION REASON FOR CHANGE 3 SEE ATTACHED 4
5 6
7 8
9 10 11 12 I, TERRY TYLER, have read the foregoing 13 deposition and hereby affix my signature that same is i 14 true and correct, except as noted herein.
15 16 "M -
TERRWTYLFg 17 18 19 SUBSCRIBED AND SWORN to before me by the said 20 witness on this the M __ _
day of h/Mg k _, 1987.
I 21 l I
23
( . ., %
NOTARY P55L ~IN AE5"F8R THE STATE OF TEXAS
( 24 & Qed .~cr 3. Po.r-ra.
25 My commission expires: __ /C 9D __
1 UNITED AMERICAN REPORTING SERVICES, INC. 1 I
m . , , . . . a w < mu . . . , y w . m.e s . . . . c. ; ., . . . < . . . . . ,, . . . . . .. .. e- . o. . ..,_,e .. , ,
r
> ERRATA SHEET k
Terry Tyler October 16, 1987 l
l Pane (line) Correction 7 (17) Correct "site" to "side"
! 9 (9) Correct "Reoperational" to "Preoperational" and "body" to "responsibility" f
9 (10) Delete "and" and correct "reviewed" to "unreviewed" 9 (15) Delete "and" and correct "reviewed" to "unreviewed" !
9 (16) Delete "," and replace with "for" 9 (19) Delete first ","
9 (24) Correct "Bellafont" to "Bellefonte" 10 (10) Insert "," after "generators" 10 (15) Correct "Bin" to "Bend" 10 (16) Correct "Bin" to "Bend" 10 (25) Insert "ATVS" between "the" and "owner's" 11 (7) Correct "Fallsfont" to "Bellefonte" 11 (10) Correct "pots" to "supporta" 11 (11) Correct "wash bar" to "Watts Bar" 11 (14) Correct "recording" to "coordinating" 11 (16) Insert "fire," between "recombiner" and "vibrational" 11 (17) Correct "pockets" to "problems" 11 (18) Insert "core" between first "," and "spray" 14 (23) Correct "was" to "as" 18 (4) Correct "He entitled . . . " to "He is entitled . . .
35 (4) Correct "on SAT" to "unsat" f
A Page 1 of 2
, , . . . . . .. . . . . , .,4...s,.. , . ... .. . . . . .- . ....e . . . - . . . . . .. . . . , ...;,.........
r l
> 35 (5) Correct first "or" to "on" lL 35 (8) Correct "on SAT" to "unsat"
, 35 (10) Correct "on SAT" to "unsat" 35 (20) Correct "party" to "parties" 37 (2) Correct "- " to "topic the" 39 (1) Correct ".c" to ".a", and "1 D 7 B" to "I.d and VII.b" 39 (4, 5, 6, 7)
Question and answer sequence out of sync - recorder review and correct 39 (13) Correct "correction" to "corrective" 42 (17) Correct "conducted of" to "conducted on" 42 (18) Correct "asked" to "asks" 42 (22) Correct "train" to "tray" and insert "," after "tre.y" 46 (8) Correct "spirous" to "spurious"
/
L Page 2 of 2 1
i
, , , . . . . . . . . . .. . . . . .. .. .. .....w . . .. . . .
50 1
C E RT I F I CA T E 2
3 I, James M. Shaw, RPR, Certified Shorthand 4'
Reporter in and for the State of Texas, do hereby 5
certify that, pursuant to the agreement hereinbefore 6
set forth, there came before me on the 16th day of 7 October, A. D., 1987, at 2:00 o' clock p.m., at the 8
. offices of Worsham, Forsythe, Sampels & Wooldridge, 9.
2001 Bryan Tower, Suite 3200, Dallas, Texas, the 10 following named person, to-wit TERRY TYLER, who was 11l by me duly sworn to testify the truth and nothing but 12 the truth of his knowledge touching and concerning 13 the matters in controversy in this cause; and that he 14 was thereupon examined upon his oath and his i 15 i e xa mi nat i on reduced to writing under my s upe r vi si on; i i
16 that the deposition is a true record of the testimony 17 1 given by the witness, same to be sworn and subscribed 18 to before any notary public, purs uant to the 19 agreement of all parties.
20 21 I further certify that I am neither attorney or .
22; t counsel for, nor related to or em plo yed by, any of 23!
the pa r t i es to the action in which this de pos i ti on is 24' taken, and further that I am not a relative or 25! employee of any attorney or counsel employed by the l
gggt e m m m o ne=== == -
l __
51 1
parties hereto, or financially inter,sted in the 2 action.
i1 3 4
In witness whereof, I have hereunto set my hand 5
and affixed my seal this 26th day of October, A.D.,
6 1987.
7 8 i i
1 9
d-----,---------
JAMES M. SHAW, RPR CSR 10 IN A D FOR THE STATE OF TEXAS 2414 North Akard, Suite 600 11 Dallas, Texas 75201 (214) 855-5300 .
12 My commission expires:
13 December 31, 1988 CSR No. 1694 14 15 16 17 18 19 20 21 22 23 i
24 !
25 in3 7, s, n .... . . . ~
_ _ _ . . . . - _ - - -