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

Case 1:91-cv-01362-CFL

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EXHIBIT 13

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UNITED STATES DISTRICT

DISTRICT OF COLORADO

COURT

6 7 8 9 ROCKWELL ET AL, INTERNATIONAL

Plaintiff,

Civil Action No. 89-M-1154

CORP.,

PAGES

1 -

179

Defendants. I0 i~i 12 13 Deposition of JOHN D.C. 27, 1998 TUCK

Washington, 15 16 15 Monday, April

2[ 2] 2~

Reporte~

by:

Nanc.y

Bond

Rowland

JOB

NO.

107316

Esquire

Communications Ltd. CourtReporting Worldw~de

Sherry Roe & Associates,

Inc.

Case 1:91-cv-01362-CFL

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1 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22

Foundation. can. A 1989 I

The

witness

may

answer

to

the

extent

he

am to

vaguely Rockwell that

aware but early

of not

events to in any

that

happened specific at

in

relating I

great tenure

detail. Department there Flats, number

remember of Energy

on

our

the that

under

the by

Bush the

administration to go into

was

a raid was

scheduled then being

FBI by

Rocky on a

which

managed

Rockwell,

of concerns. And that there the and place one sort deal was agreat deal of of discussion and the

back

and

forth of

between Justice take of

Department the for FBI fear about

Energy how there with that

Department might federal officers and there

raid be

actually officers of

that

would federal

sort both of

conflicting concerning concern

another a great at my

jurisdiction, about

was

miscommunication That's spring, Q facts in early As

that

particular of

time. events in the late

recollection of 1989. today

summer you sit that with

here

are

you

aware the

of

any

indicating

Rockwell operation

defrauded at Rocky

government

connection

its

Flats?-

SHERRY

ROE

& ASSOCIATES

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23

1 2 3 4 5 6 7 8 9 i0 II 12 13 14 15 16 17 18 19 20 21 22

early

months at three of being a

at

the

department reactor that for at the of

was in one

the

water

hammer River. been in One the

incident of the

decayed reactors tritium a

Savannah time had of

production tritium the

Department a nuclear the a

Energy, one of

component Savannah in

weapon,

reactors that A

in was

River, had

then water for

remaining hammer the reactor was

reactor incident. not

service, of the

portion

cooling

functioning And

properly. there was concern -Admiral was Watkins much more than fact I

being current was° that

a

nuclear and the took of So I

Navy-trained with one to get the was

individual reactor handled the

familiar way so this long

operations and the of

And it

to

attention much

leadership

the

department think

very that complex my

concerned

him.

would

early related

impressions mostly to the

about Savannah Q the

the

nuclear River Do

weapons

site. you raid or how recall of May did when Rocky of you you Flats? '89. learn about it? first learned about

impending A Q April And

SHERRY

ROE

& ASSOCIkTES

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24

1 2 3 4 5 6 7 8 9 i0 ii 12 13 14 15 16 17 18 19 20 21 22 upon Flats? they

A Q tell A lawyers and aware .Q they of

The And -No. from

FBI did

told they

us. tell you in particular or did

I the

think General to make

they

were

briefing Office the

different at that time, was

Counsel's sure that

wanted their Did

secretary

plan. you that have the any FBI particular was planning responsibilities to raid Rocky

learning

A fashion secretary deputy time

No. that was

No. the a

At

that

time would

we be

were

organized And

in the the at that

a

secreta.ry box that the

informed. secretary, And to that

contained under reported that were

the

secretary, the field

and operation

secretary. directly capacity

the I learned

secretariat, broadly of

and these In ot~er

it

was-in that

events words,

unfolding. Flats coming office, of under the

Rocky or

Albuquerque about that

operations would from Once be the the

office coming to

field

problems the office. any

the

attention

secretary Q

Albuquerque raid

field did

operations you have

occurred,

S~ERRY

ROE

&

ASSOCIATES

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25

1 2 3 4 5 6 7 8 9 i0 ii 12 13 14 15 16 17 18 19 20 21 22

particular Flats? A specific Q
was

responsibilities

with

respect

to

Rocky

No,

not

until programs recall

later

that

year

did

I

have

defense DO you as the

responsibilities. whether of a man named Flats Ed at Goldberg about

assigned time A Q A of

area FBI

manager raid?

Rocky

the

That's And He did did

correct. Mr. Goldberg to the the I report secretary secretary specified component through department. established to at you? that the it. the time. box What defense but a to we

reported was --

Whet'we with did the was

Again,

was in of

three take and the not

individuals Rocky have directly that it Flats

complex rather similar Savannah

report to the was

Albuquerque It with was

report

arrangement River. The model we had

regard

that

Admiral

Watkins he

established didn't who want were to he a

was whole

that lot

when of the

serious between So Ed for

problems, he and the

layers problem.

people was

managing become

Goldberg Rocky

picked and then

the

area

manager

Flats,

SHERRY

ROE

& ASSOCIATES

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26

1 2 3

reported Q during the

directly Did you

to

the

department Rocky Flats tenure

to at as

the any

secretary. time say

visit year of

first

your

under

secretary? 5 6 7 8 9 I0 ii 12 13 14 15 16 17 18 19 2O 21 22 Flats? A Two days I think. 19907 A impression. Q How long did you -was your visit to Rocky I would say early to mid 1990 is my 1990. Q You have the impression that it was early late Flats? A winter though. No, or It i don't, early was but spring not I have time the frame. 1989. It impression I'm was not it was 1990 visit Q now? A Q 1990, Do you exactly. recall when in 1990 you visited Rocky A in No. the Do I visited year. recall when in -You're talking about in the second year. I did not

first you

really

during

during

SHERRY

ROE

&

ASSOCIATES

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EXHIBIT 14

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1

UNITED

STATES

COURT

OF

FEDERAL

CLAIMS

CORPORATION, Plaintiff(s), v. UNITED STATES OF AMERICA, : : : : No. Judge 91-1362 Yock C

Defendant(s).

Wednesday, Washington,

September D.C.

21,

1994

Deposition

of: TROY E. WADE, by at counsel 9:53 for o'clock of

a

witness,

called

for

examination to of the Notice, U.So

the a.m.,

plaintiff, at the lOth~ before the

pursuant offices and. Diane of

Department N.W.,

Justice, D.C., for

Constitution, Shaw, a Notary

Washington, in and on

Public were

District of the

Columbia,

when

present

behalf

respective

parties.

ALLIANCE REPORTING SERVICE Telephone: (202) 785-1421

Case 1:91-cv-01362-CFL
1 2 3 4 5 6 7 8 9 i0 ii 12 13 14 15 16 17 18 19 20 21 22 checking and signing A inv6stigatiDn and in had of that June. been the was Mr. I boxes, A Q A Q signature A

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" Is that

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right? so, yes. below?

Page 10 of 26 28

in "concur.
It Is That What read? "With Is Yes, Did Yes, I did. What that that it you I would that is is

appear your my the

signature signature. handwriting

just

above

your

the

exception your

of

Rockwell."

Q
A Q A knowledge

handwriting?

is. check did -the to box the that mean Writing to "concur"? best is my of my signature. by

Certainly did you and name? aware was of

indicate that

box, your was that to

handwriting,

the

criminal at FBI Rocky on of Flats, the that. plant I aware is that

underway in was an not make

result

raid

Twining to

aware Mr. My

instructed impending of those

not

Twining memory was not

investigation. things it clearly

because

prudent

ALLIANCE REPORTING SERVICE Telephone: (202) 785-1421

Case 1:91-cv-01362-CFL
to 2 3 4 5 6 7 8 9 i0 ii 12 13 14 15 16 17 18 19 20 21 22 were prior here, fee or was allow that Q concurring determination Rockwell? A Q made prior this

Document 195-5
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determination resolved. say that you

Page 11 of 26
to proceed

until

issue Is in it Mr. for

were

Twining's every

award-fee except

contractor

It

would this

appear

so. or the nonconcurrence fee to the

And to Is Let's if I not may. been

concurrence of

issuance that be -is

award

contractors. A

correct? let my to me belief Rockwell. of the ask you that a the Now, specifics I question award whether in can't this

It

had not

made was

Rockwell regarding

aware their

document comment. Q

performance,

So

it

was

your

understanding or award

that

you

giving to

your

concurrence of the

nonconcurrence fees to the

issuance

contractors? A Q That I is correct. you testified earlier that

believ~

ALLIANCE REPORTING SERVICE Telephone: (202) 785-1421

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EXHIBIT 15

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00001 1

1N THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLOILADO

4 UNITED STATES AMERICA rel. OF ex 5 Plaintiff, 6 v. 7 ROCKWELL INTERNATIONAL CORPORATION, THE BOEING CORP., BOEING 8 NORTHAMERICAN, INC., 9 I0 11 12 13 14 15 16 17 18 TAKENBY: MR. CHRISTOPHERJ. KOENIGS 19 ATTORNEY FOR THE DEFENDANTS 20 REPORTEDBY: MARY ABERNATHY SEAL, RDR, CRR, NIvl CCR #69 Bean & Associates, Inc. Professional Court Reporting Service 22 500 Marquette, Northwest, Suite 280 Albuquerque, NewMexico 87102 23 21 24 5434-2 25 MAS PURSUANT THE FEDERALRULES OF CIVIL PROCEDUI~, this TO deposition was: VIDEO DEPOSITION OF BRUCE TWINING VOLUMEI April 7, 1998 9:00 a.m. 500 Marquette, Northwest, Suite 280 Albuquerque, NewMexico 87102 Defendants. No. 89-M-1154 James S. Stone,

Twining-Defendant's

Depo, Volume I

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00020 1 things, just answerthe questions, and those kind of things. 2 3 4 5 6 7 8 9 10 11 I2 13 14 15 16 17 18 I9 20 21 22 23 24 25 Q. Do you recall whenyou heard about the raid, whenyou first learned about the raid? A. I was infomaedof the raid possibly the day before, but it wasn't a long time before. Q. The agents of the FBI came to the Albuquerque Operations Office simultaneously with the raid on RockyFlats? A. I don't remember exactly what the timing was, but they came to Albuquerque. Q. At approximately the same time of day? A. Approximatelythe same time. Q. Did they comeinto your office to look for documents? A. I don't believe so. Q. Doyou recall whether they cameinto the offices of other Albuquerqueoperations personnel to look for documents? A. Well, I believe they did, but I don't know whose. Q. Werethe only occasions that you visited Rocl~ Flats after the raid the one occasion you just mentioned,namelythe day or two after the raid? A. I have been back one or txvo times since then for other DOE-relatedmeetings. Q. But in the period whenRoc~vell was operating the plant, June 6, 1989, to the end of December 1989, do you believe that you visited Rocky Flats only the one occasion that you mentioned?

Twining-Defendant's

Depo, Volume I

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00115 received widespreadpress coverage, to your recollection? 2 3 A. Yes, they did. Q. Andto your recollection, did they harm DOE's

4 reputation? 5 6 7 MR.HESCH: Objection. Foundation, form. A. I think they hurt DOE's reputation. Q. (By Mr. Koenigs) Do you think they also hurt

8 Rockwell's reputation? 9 10 11 MR.HESCH: Objection. Form, foundation. A. Yes. Q. (By Mr. Koenigs) After the raid I think you

12 indicated that your oversight responsibilities with respect to 13 RockyFlats were either diminished or eliminated. I don't mean 14 to characterize it, but is that correct? 15 16 A. I think "eliminated" is closer than "diminished." Q. Do you recall howyou learned that that was going to

17 be the case? 18 A. John Tuck, whowas the under secretary at the time,

19 telephoned me either the day before the raid, or the morningof 20 the raid, and told methat the raid was going to happen, and 21 told me about howthey were going to rewire the organizational 22 chart. 23 Q. Byrewiring it, you're referring to placing

24 Mr. Goldberg as area managerof the plant and having him report 25 directly to headquarters?

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Exhibit 16

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00204 1

IN THE UNITED STATES DISTRICT CO~T FOR THE DISTRICT OF COLORADO

4 LrNITEDSTATES AMERICA rel. OF ex 5 Plaintiff, 6 v. 7 ROCKWELL INTERNATIONAL CORPORATION, THE BOEING CORP., BOEING 8 NORTHAMERICAN, INC., 9 10 11 VI~DEO DEPOSITION OF BRUCETWINING VOLUME1I April 8, 1998 9:10 a.m. 500 Marquette, Northxvest, Suite 280 Albuquerque, NewMexico 87102 Defendants. No. 89-M-1154 James S. Stone,

13 14 15 16 17 18 19 20

PURSUANT THE FEDERALRULES OF CIVIL PROCEDURE,this TO deposition was: TAKENBY: MR. CHRISTOPHERJ. KOENIGS ATTORNEY FOR THE DEFENDANTS

REPORTEDBY: MARYABERNATHY SEAL, RDR, CRR, NM CCR #69 Bean & Associates, Inc. Professional Court Reporting Service 22 500 Marquette, Northwest, Suite 280 Albuquerque, NewMexico 87102 23 21 24 5434-7 MAS 25

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Depo, Volume II

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00272 1 A. Yes. 2 3 4 5 6 7 8 9 I0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. Now,there was a point in the criminal investigation of RockyFlats in which some DOE officials were concerned that they, in fact, mightbe indicted; is that right? A. Yes.

Q. Did you yourself have that concern? A. For a while, yes. Q. Doyou recall whenit was that you realized that you

wouldnot face personal criminal exposureas a result of the RockyFlats investigation? A. No, I don't really recall. Q. Do you believe you came to that understanding before Roc~vell pled guilty? A. I don't remember timing. the Q. Do you rememberhow you learned that you would not face personal criminal exposureas a result of activities at RockyFlats? A. No, I don't. Q. Wereyou advised in that meeting back at headquarters that one form of personal exposurewasfines, criminal fines? A. To individuals? Q. Yes. A. No,I don'trecall that part of it. Q. Wereyou aware of the possibility that an operator of a DOE weapons facility might face criminal fines for

Twining-Defendant's

Depo, Volume II

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Exhibit 17

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0001 1

IN THE UNITED STATES COURTOF FEDERALCLAIMS

3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22

ROCKWELL INTERNATIONAL CORPORATION Plaintiffs, No. 91-1362C : Judge York THE UNITED STATES, Defendants. :

Friday, April 29, 1994 Washington, D,C.

DEPOSITION OF:

JAMES D. WATKINS, a witness, called for examinationby counsel for the Plaintiff, pursuantto notice of counsel, held at Cadboume Parke, 1101 VermontStreet, & N.W., Washington,D.C. at 1:30 p.m. on Friday, April 29, 1994, before Thomas McPhail, CSR, R. Notary Public ~vhenwere present on behalf of the parties:

Watkins, James D 4/29/1994

(Claim)

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0026 I whenI answeredback, I think on this 51 percent 2 fee. 3 Q. But in addition to the 51 percent, did you 4 require awardfees to comefrom the field to 5 headquarters -6 7 8 9 10 11 I2 13 14 15 16 17 I8 19 20 21 22 A. To be reviewed. Q. -- before going out to the contractor? A. For their efficacy, yes. Q. Wasthat done early on in your term; do you recall? A. I can't rememberwhenit was done. There is a goodpaper trail on that whenthat wasput into effect. I don't remember dates of it. the We generally tried not to interfere with existing contracts. ~hat is mybelief that weshould not do that, so wedid not interfere with existing contracts wherewedidn't have authority within the contract to renegotiate certain sections of it. I didn't believe in that. I thought, you know,so the first major contractor wherewedid a completereview of everything in the contract was Martin Marietta; that was later on. That was

Watkins,

James D 4/29/1994

(Claim)

Page 26

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0027 a two year effort to go throughthat. 2 But in the process, there were certain

3 things that I felt wecould do within the 4 contract renegotiations and award fees was one of 5 them. Now,the process that we followed there, 6 in myopinion, was in large measure, again, 7 triggered, I don't think it wouldcomeas fast if 8 we hadn't had RockyFlats with the FBI. That 9 accelerated that aspect of it becauseI felt in 10 our ownreview of our Tiger Teamin parallel to 11 the FBI agents, there was sufficient grounds in 12 mymind, sufficient grounds in mymind to raise 13 serious questions as to the potential outcomeof 14 any Grand Jury or any other thing on that case. 15 Andthat is ~vhyI took a newarea officer

16 and put him in, had him report directly into us, 17 and outside the Twining circuit, because Twining

18 in myopinion was a potential party to the 19 investigation underway. Andin view of the 20 severe problems that we found, other than that 21 which was allocated by the FBI that brought them 22 in in the first place on the incinerator issue.

Watkins,

James D 4/29/1994

(Claim)

Page 27

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0O28 1 Myo~vn experience has been when you have a 2 situation wherethe superiors in the chain of 3 command potentially involved, you have to are 4 bypass that system without jeopardy at the time 5 and take more positive control of the situation. 6 7 Andthat is what I did. Q. Mr. Goldberg, is he the newperson you put

8 in at RockyFlats? 9 A. Yes. And he later had to be movedbecause

I0 of high blood pressure and potential heart 11 problems and we had to get another alternative 12 whowe basically had nothing but acting area 13 officers in there for a period of time even when 14 Rock,veil International left.

15 Q. Mr. Goldberg came in simultaneously on the 16 day of the FBI raid; is that right? 17 A. Yes, that was myidea, to makesure that

18 we had a new and totally independent DOE official 19 in charge of that site. Because, again, without 20 any jeopardy to incumbents or any other personnel 21 in there, we had to have somebody who could talk 22 to the FBI without any perception that we were

Watkins,

James D 4/29/1994

(Claim)

Page 28

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0029 interfering with the investigation in any way, or 2 a person could be party to that investigation. 3 Q. Did Mr. Goldberg have direct access to you 4 after he became appointed? 5 A. He did. He was directed to either call 6 me, at the outset, daily or to xvrite me 7 frequently, frequently was daily for a while. 8 Andthen later on camelater, and there should be 9 a paper trail on that. 10 Q. So he had very active contact with you? 11 A. Very active contact with me and we almost 12 had daily meetings at the Departmentof Energy 13 with HensonMoore, Duffy, the other experts that 14 I brought in to oversee, particularly for 15 environmentsafety and health issues. 16 Q. Did the -17 A. And which started a daily reporting system 18 that triggered off the wholedaily operation 19 reporting system from the field. Andwe brought

20 in teams of people that had lmowledgeof the 21 field to comeinto the office and rotate on a 22 three monthbasis and start reporting to me daily

Watkins, JamesD 4/29/1994 (Claim)

Page 29

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Exhibit 18

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~un~ 6, 1989

BRUCE mINING MANAGER ALBUQUERQUE OPERATIONS E. S. GOLDBERG DEPUTY MANAGER RICHLAND OPERATIONS SUBJECT : TEMPORARY DUTY

OFFICE

OFFICE FLATS

-- ROCKY

Effective 9:00 a.m. MDT June 6, 1989, E. S. Goldberg is designated Acting Manager of the Rocky Flats Area Office. Mr. Goldberg will report to the Under Secretar~ of Energy, John C. Tuck, with regard to operations of ~he Rocky Flats facility. This assignment is to continue through the current investigation period and until specifically reassigned by the Under Secretaz-y. Mr. Goldberg will relieve the current Acting Area Manager without prejudice so that Mr. Rush Inlow can assist the Department of Justice in the evaluation of allegations concerning the Rocky Flats facility. Mr. Goldberg will assess plant status and conduct reviews and inspections to insure that the facility can be maintained operational during the current facility investigation. Mr. Goldberg shall determine what additional actions must be taken, working with the Department of Energy team under the direction of the Special Assistant to the Secretary, Mr. Leo P. Duffy. Mr. Goldberg will advise the Deputy Secretary, Henson Moore, or his designated on-site representative of his recommendations to insure continuity of facility safety. The Manager of the Albuquer~ue Operations office is to provide continued suppoz-t to the.Actlng. Area Manager of the Rocky Flats Facility, Mr. E. S. Goldberg.

JOHN C. TUCK UNDER SECRETARY

E 001342