Free Statement of Facts - District Court of Federal Claims - federal

Case 1:91-cv-01362-CFL

Document 195-7

Filed 07/27/2006

Page 1 of 17

EXHIBIT 22

Case 1:91-cv-01362-CFL

Document 195-7

Filed 07/27/2006
1

Page 2 of 17

CERTIFIED COPY
1 No. 2 3 4 5 6 ROCKWELL 7 8 9 UNITED i0 ll 12 13 14 15 16 EDWARD 17 18 19 20 21 22 23 24 25 Reported by: #266, RPR, CP Tuesday, November Reno, i0, 1992 S. GOLDBERG DEPOSITION OF vs. STATES OF AMERICA, : INTERNATIONAL Plaintiff, UNITED STATES CLAIMS COURT 91-1362 C

-o0oCORPORATION,

Defendant.
=~~=======~==~===~~~=~~======~======================~==

Nevada

NANCY J. REIGLE, CSR CALIFORNIA CSR #7643

Case 1:91-cv-01362-CFL

Document 195-7

Filed 07/27/2006
36

Page 3 of 17

1 for 2 on,

me and

to

say.

I wasn't that

familiar have manager

with

what out

was

going was the

I knew when

I would the

to find

what Flats

3 going 4 next 5 6 would 7 8 Flats, 9 the

on day. Q

I became

of Rocky

What

was

explained

to

you

at this Flats? of

meeting

be your A that and

responsibilities That I would be

at Rocky the manager for

Rocky with

I would EPA for to the

be responsible assure a smooth of Tuck. would

interface and and

FBI

process, the plant,

I0 responsible ii be reporting 12 13 directly 14 15 deputy 16 17 18 19 20 to Mr. A Q

operation to Mr. you you

I would

directly Who told Tuck? Moore

be

reporting

to Mr. Mr.

to the

best

of

my knowledge,

secretary. Q Twining? A Q Yes. Well, that Mr. you said at the meeting it for was the Rocky Were you told you would not be reporting

explained

Twining's right? time. Flats On

responsible

21 Flats 22

Plant; A

is that At for that Rocky

the

next but

day

I would

be

23 responsible 24 administrative 25 everything

Plant

receiving in that I

assistance I might

from need,

Albuquerque any assistance

that

Case 1:91-cv-01362-CFL

Document 195-7

Filed 07/27/2006
37

Page 4 of 17

I might 2

need. Q So June at the 6th the to meeting Rocky Mr. did Flats Mr. Moore state be that

3 beginning 4 reporting 5 6 Tuck. 7 from 8 the 9 I0 Ii 12 that A The Rocky

Plant

would

directly No. plant Flats

Tuck? be reporting need to directly have and to Mr.

I would would in the

still

assistance in some of

administrative

technical Q A Q Mr.

aspects. Do you mean assistance yes. 6th was it your understanding for the from Albuquerque?

Albuquerque, Before Twining Plant? Yes. Q had June

complete

responsibility

13 Rocky 14 15 16 longer 17 18 19 20 21 6th 22 23 24 of he did Plant;

Flats A

.And beginning complete right? did not have

June

6th Mr. Twining for Rocky

no

had

responsibility

Flats

is that A retain Q 1989, A He

complete duties. experience the FBI with

responsibility;

some Had

official had any with

you

prior the EPA the

to June

in dealing I had had we to

or the with

EPA? at FBI and the on

dealings had

Handford occasion

plant, with

and regard

dealings

security

clearances

25 emergency

procedures.

Case 1:91-cv-01362-CFL

Document 195-7

Filed 07/27/2006
4O

Page 5 of 17

1 from 2 10th, 3 4 you 5 6 7 seen 8 just

Mr.

Charles

Troell

to Bruce

Twining

dated

July

1989. Please review this the document and tell me if

have

ever

seen

before. 49 was marked.) not that recall I have that not, I have but

(Exhibit THE this thing. here

WITNESS: I don't looking

I do know at it

sitting KELLEY: Q of the

I don't

recall.

9 BY MR. I0 II page 12 13 14 15 16 17 18 proposed

Let

me direct where

your it

attention indicates of

to

the

second have

memorandum

that 87 for

you

proposed Rockwell's A Q

an overall award fee.

numerical

rating

It says .By an July

that, 10th rating best do is 87,

yes. of 1989, for then had you fee? don't I

6verall To the

Rockwell's

award I just says was

A remember. even All

of my knowledge read what it there

I can

there. a

19 don't

recall number.

the

although

20 numerical 21 22 23 24 become 25 recall

I just-those Q kinds When in was

it's

too

long--

too

far

away

to

of details. did you first learn that you would

involved A It

Rockwell's sometime

award during

fee? the early period

Case 1:91-cv-01362-CFL

Document 195-7

Filed 07/27/2006
41

Page 6 of 17

1 that

I was it

there was

that

I was it was

asked could asked

by

headquarters, been Mr. the 31st. Mr.

I

2 believe 3 but 4 fee 5 6 or Mr. 7 right? 8 9 I0 ii 12 it was, 13 doing. 14 15 Dully, 16 17 18 don't review Q review A Q

Mr.

Tuck,

have

Duffy, award

I just for Q Duffy the

don't period You to

recall, October were review

to review March

Ist

through then

requested Rockwell's

by either fee; is

Tuck

award

that

Yes. Were you requested fee? what Mr. Twining's of what part ! was in by Mr. Twining to

Rockwell's A but

award

I don't he

recall was

certainly

cognizant

Were both

you

requested or

by Mr. just one

Tuck

or Mr. to

eithe~

of them award of

of them,

Rockwell's A remember Best

fee? it was one, was but I

my knowledge one, going you I mean, on. told to

which was

each

one

19 cognizant 20 21 22 23 24 25 new Q Rockwell's A Q A

of what What award

were fee?

do with

respect

to

I was What I was

asked were

to review asked to

it. review? it in light by the of the

you to

asked was

review

information

that

being

developed

Case 1:91-cv-01362-CFL

Document 195-7

Filed 07/27/2006
45

Page 7 of 17

1 a package 2 3 4 shortly 5 A A Q

at

that Not Were

time? that you I recall. provided with that package

thereafter? I don't in early Q Did should A know when it part came. of It was just there. to you fee?

6 sometime 7 8 how 9 I0 Ii 12 13 14 15 16 17 18 19 the 20 21 22 Duffy 23 24 October Q A Q A Q fiscal A Q which you

June, Mr.

early

my tenure describe

Tuck

or Mr.

Duffy

go about

reviewing

Rockwell's

award

No. What were was the period of the award fee for

Q
you A

to review? best of my knowledge in there. it was the period

The to March,

somewhere 1988

October .Yeah. ~--March Yes. Is that year of

through--

of 1989?

the--

was

that

the

first

half

of

1989? I believe did you you that's do after review Mr. correct. Mr. Tuck or Mr. fee? of

Yes, What

requested A

that

Rockwell's Barkmeier, him to

award the

I talked and-of

with and the

best the had

my recollection, fee in

asked new

review that

25 award

light

information

been

Case 1:91-cv-01362-CFL

Document 195-7

Filed 07/27/2006
55

Page 8 of 17

1 2 to 3 the 4 from 5 Mr.

Q

Before did

you you

sent review in

your any

final

recommendation other ~ than received

Twining,

documents you

documents

contained

the

package

Albuquerque? A I reviewed work. Did you review documents other than what all the work of my team and Mr.

6 Barkmeier's 7 8 Mr. 9 10 ii 12 13 14

Q
Barkmeier A documents Plant of

presented I reviewed my team's time. And This what is do the

to you? what Mr. Barkmeier of the had and Flats the

appraisal

Rocky

at that Q A

you team the

mean that

by

your in

"team"? when safety and time I came and it

came

to Rocky

Flats

to look of the the

at

environment, of the

15 health 16 went 17 period 18 taking 19 20 21 22 23 team? 24 25

aspects back

operations award to fee the

plant, and the

through was

period events

that place

pertinent

that

were

at Rocky Is this

Flats. the team that started on June 6th?

Yes. Of 1989? Was that team referred to as the tiger

A forerunner,

No. but

It was the name

the

first Team

Tiger did

Team, not

the

Tiger

come

Case 1:91-cv-01362-CFL

Document 195-7

Filed 07/27/2006
56

Page 9 of 17

1 until, 2 3 4 put

oh, Q A

maybe What

a month was the

or

two

later. of the team? It was a team and

name have

Didn't to

really

a name.

together

establish and Flats this give

an environmental, me an idea of what

safety was

5 health 6 on at

baseline the Rocky Was

going

Plant. team established by Secretary

7

Q

8 Watkins ? 9 i0 had ii the A As the Secretary for of Energy, that he certainly occurred, manner. and

responsibility team assignments

everything down

came

in that

12
13 14 manager, 15

Q
A and

In what In the then

manner? establishment of people appraise of myself would the as the come and help of

a group

me establish plant. Q A the other

a baseline

and

operations

16 the 17 18 19 and 20 21 22 23 24 25

When Oh,

did

that

team

present

its

report? myself were

we received

information, of the

we,

management on

people

department Each

receiving presented what that was

information me information going on in

a timely

basis.

group as to areas

at a daily, plant our come and

weekly

basis the

the

where

were

we had Q A

to concentrate Did No, the team

efforts up with there

for

improvement. report? At

a final was

I don't

believe

a final.

Case 1:91-cv-01362-CFL

Document 195-7

Filed 07/27/2006
61

Page 10 of 17

1 2

A Q

About Did

the

award tell fee

fee? Mr.

No. Sanchini recommending?

you

ever

3 approximately 4 5 6 about 7 8 9 Rockwell 10 Ii any A A Q what A Q

what No. Did award No. Did

award

you

were

you fee

ever

tell

Mr. might

Sanchini

anything

Rockwell

be getting?

you

ever

speak award

to

anyone

else

at

about

Rockwell's I do not that Flats that

fee? I did. I do of not the Sanchini. with recall

believe I had

conversations Rocky recall

with

anyone than

12 Rockwell 13 I do not 14 15 but 16 17 18 19 after

operation any

other

Mr.

conversations I just person with

were don't

had

the "I think Q you A specifically agreed

corporate he was What sent It it

people. the only

remember, with.

that

I talked

happened

your

recommendation

to Albuquerque? my understanding the details that in-I don't

was

recall to by Mr.

my recommendation have any direct

20 was

Twining.

I don't

21 knowledge 22 23 24 with 25 seeing the Q your A

except piece Are

the

conversation.

I don't

recall

of paper. you saying that or not? I think he did agree. you think he did agree

recommendation, Yes, sir,

Case 1:91-cv-01362-CFL

Document 195-7

Filed 07/27/2006
66

Page 11 of 17

1 pretty 2 their 3 4 Tuck

segregated work Q and

process

where

people

in the

field

did

then you

referred ever what would think

it to

headquarters. other than on Mr.

Did

tell your be? so,

anyone

at headquarters award fee

recommendation

5 Rockwell's 6 7 the 8 not A

I don't

but

I just not I had

don't but

recall I do

specifics. recall any

Ordinarily conversations I just Did Mr. don't Tuck fee

I would that

have, that

I did

9 mention i0 Q

that.

remember. ever express given by to you Mr. that he too

ii considered 12 high? 13 14 15 16 review whether I just A the the

the

award

grade

Twining

To the award award

best

of my

knowledge no

I was

asked as

to

fee. fee

There was too

were

statements too low, were

high,

or what. made to

don't

recall It's

any been

statements three years

that and

17 that 18 19 all

affect. the

I don't but

recall I just high,

specifics

of

everything ever saying is

I was hey, too fee

told, this low,

don't

recall

anybody at it, review to Mr. Did you

is too or

20 go 21 It

take was

a look "please

or this the

whatever. your

award

and

provide

22 recommendation 23 24 was 25 Q an impasse with

Twining." understand at any and fee? point that there in

between

Albuquerque award

headquarters

connection

Rockwell's

Case 1:91-cv-01362-CFL

Document 195-7

Filed 07/27/2006
103

Page 12 of 17

1 document 2 3 A

is undated. Have you ever recall seen that of this I've document ever before? this I don't

I can't It looks

seen

4 document. 5 know 6 7 8 9 of i0 ii 12 13 the 14 answer A the what Q A Q

like

a part

a document.

it is. Let me direct-know direct last on what your this is. to page asks: the three "Who

I don't Let me

attention which of

document. final

The decision

question the amount

made fee?"

the

award

Please to that

read

aloud

the

final

sentence

in

question. of the about unusual circumstance at Rocky in

"Because questions

15 involving 16 17 18 Flats, the

ES&H

practices personally

Admiral

Watkins

became

involved

deliberations." Q were involved award It's involved the day you in aware the that Admiral Watkins regarding became

19 personally 20 Rockwell's 21 22 23 24 25 A personally Flats from Q A

deliberations

fee? my opinion in the that Admiral that Watkins on the at was Rocky

everything FBi and EPA

went

entered

plant.

Why was that? I gave him a daily report every day.

Case 1:91-cv-01362-CFL

Document 195-7

Filed 07/27/2006
104

Page 13 of 17

You No,

spoke I gave

daily him

with

Admiral in

Watkins? writing.

a report

In writing. Did 5 directly 6 7 time; 8 vehicle 9 i0 Ii 12 Watkins A something any Q about A not and give you him ever speak to Admiral Watkins

a report with but Mr. him from Tuck. speak award

orally? directly time to from time. time My to main

I spoke very often,

of contact Did

was you

ever

directly fee? I did. It

with

Admiral

Rockwell's I don't

recall

that

It's

just wasn't

I just

don't if of

remember. I did, your but

certainly

13 in 14

great Q daily

detail Did any

I don't

remember. your

written

reports,

15 written 16 17

reports fee?

to

Admiral

Watkins

discuss

Rockwell's A

award

I don't Is it

remember. that so, they but did? I just don't

18
19

Q
A

possible

I wouldn't

think

20 remember. 21 22 23 Q discussed A the You don't think that it's likely they

award I don't

fee? think it's likely, but I don't

24 remember.

25

Q

Did

your

daily

written

report

go

to anyone

Case 1:91-cv-01362-CFL

Document 195-7

Filed 07/27/2006

Page 14 of 17

EXHIBIT 23

Case 1:91-cv-01362-CFL

Document 195-7

Filed 07/27/2006

Page 15 of 17

IN 1 2 3 4 5 6 7 8 9 i0 ii 12 13 14 15 16 17 18 19 20 21 22 23 24 25 For the MATSCH, beginning Courtroom ROCKWELL

THE UNITED STATES FOR THE DISTRICT

DISTRICT COURT OF COLORADO

UNITED STATES OF A/~ERICA UNITED STATES OF AMERICA, JAMES S. STONE,

and ex tel.

Plaintiffs, 89 M 1154 INTERNATIONAL CORPORATION, Defendants. et al.,

TRIAL TO JURY - DAY 15 TRANSCRIPT OF PROCEEDINGS

Proceedings U.S. District a.m. United

held Judge

before for

the

HONORABLE

RICHARD

P.

the

District day of

of Colorado, !999, in

at 8:30 C-204,

on the States

16th

March, Denver,

Courthouse,

Colorado.

APPEARANCES Plaintiffs: Maria T. Vullo, Esq. Jeannie S. Kang, Esq. Matthew Chevez, Esq. Robert E. Montgomery, Jr., Esq. Paul, Weiss, Rifkind, Wharton & Garrison 1285 Avenue of the Americas Suite 2607 New York, New York 10019

Proceedings recorded by electronic sound recording; transcript produced by transcription service.

Case 1:91-cv-01362-CFL

Document 195-7

Filed 07/27/2006

Page 16 of 17

Watkins 1 injuring here 3 4 5 Q the envirornnent, Flats. truth"

- Direct end health of the people

3369

safety

at Rocky

Is "ground

a phrase

that

you

have

used

from

time

to time? A "Ground out does truth" from that truth" were is terminology used often what's is in the military going And on to the

to find 7 8 9 10 iI on and

grassroots match to me then what

information management let's put

really

telling

you.

so "ground ground,

meant very

in the at

experts Flats, Were

which the

inadequate that were

Rocky

understand practices operations?

technologies followed? there

involved.

safe of

being Was there

Was

there

a strict in

conduct being gone with

radiologic We'd had not

controls long

and

in

13 14 15 16 17

place?

Was

oversight? and DOE

since

through the lessons I

Three-Mile learned went in at and

Island,

complied I knew the

Three-Mile took over,

Island. it was try to

So~-and one of

that

when

reasons mess. and

I told But I said,

President "You have

Bush ~0

I would here and

clean

up the

years

of sovereign I'm going to

immunity have

a different it up." were

19 2O 21 22 23

kind And made Q that them?

of a culture, so to that Beall was the

to clean

context

in which

these

statements

and And

so forth. you send your to people the into ground Rocky truth Flats from so

Okay. you

did have

could

reported

you

25

A

Exactly,

independent

of whatever

the

Department

of

Case 1:91-cv-01362-CFL

Document 195-7

Filed 07/27/2006

Page 17 of 17

Watkins Justice 2 3 4 5 6 7 8 9 i0 Ii 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 help was doing, which

- Direct was but which their business. I didn't focused We

3370 would to

I felt

them

in any with

way

possible, process, I had in, to

obviously was very

want on

interfere certain so

their

allegations. my own to the sites it your Rocky not team first across

know an

about

other

things. team, the

And

I sent

it was Team

assessment I set

precursor all Q staff DOE of our Was at

Tiger the

that

up to

look

at

nation. at that time, people the sir, in that the DOE for

judgment and

Flats

even grasp

the of

Albuquerque truth

did

have

a full

ground

at Rocky

Flats? A Q Absolutely. Did you that have how form was any the views case? up in the nuclear but business also Two people you to have to check a as to the reasons why you

believed A You

to grow you must

understand verify. valve, The two

trust

people

two-man people This that,

rule

always the way don't this

applies. two

people check of

check is the they in

lineup, it

everything. doesn't afraid like it's

goes. the

And

a lot

industry But I'm

like

oversight. It's

necessary there's doesn't I'm in

business.

a unique illiterate that, I

business, society and

and that

a--we

have

a scientifically it. And

understand the

I understand because to

that's

why so

education for modern

business, technology

believe

it's

critical

understand