Document Oon9gVL7VoeKxmbNXB1XeBd1

UNITED STATES DISTRICT COURT DISTRICT OF NEVADA NEVADA POWER COMPANY, a Nevada corporation, Plaintiff, vs. MONSANTO COMPANY, a foreign corporation; GENERAL ELECTRIC COMPANY, a foreign corporation? WESTINGHOUSE ELECTRIC CORPORATION, a foreign corporation? and DOES I-XXV, inclusive, Defendants. No. CV-S-89-555-LDG (L R L ) COPY DEPOSITION OF ROBERT 3. KIMBALL Santa Ana, California Monday, March 15, 1993 REPORTED BY: SHERI L. CLARK-BELL, CSR NO. 6368 JOB NO. 132029 Los Angeles 6222 Wilshire Blvd., Suite 204 Los Angeles, CA 90048 213-938.2461 Fax 213 931 3016 Orange County 2100 N. Broadwav. Suite 210 Santa Ana. CA 92706 714.8.34.1571 Fax 714.834- 9235 San Diego 619-434.4854 Fax6l9.544.990l 800.888.6949 Page L in e No. A TTO R N EY'S NOTES . **<"* .-, Los Angeles 213 938.2461 Fax 213.931.3016 Orange County 714.834.1571 Fax 714.834.9235 San Diego 619.434.4854 Fax 6 19 .544.99OI 1.800.888.6949 c ER T 1F1E D sH 0 RTH A N D REP0RTERS April 15, 1993 Holly Dewar BRADLEY & MERRELL c/o JONES, CLOSE & BROWN 300 South Fourth Street Suite 700 Las Vegas, Nevada 89101 Job No. 132029 Please be advised that the sealed original transcript of the belowcaptioned deposition is hereby being forwarded to your office. CASE NAME: CASE NO.: WITNESS: Nevada Power Comapny vs. Monsanto Company CV-S-89-555-LDG__ Robert B. Kimball DATE TAKEN: ^n ^ /Q7 REPORTER: Sheri Clark-Bell The following changes should be noted: PAGE 7 8 10 10 10 12 13 14 17 17 18 20 LINE 23 12 6 16 23 13 7 8 17 FROM TO Delete "so" Between are & two, insert "at least" it my effort Between failed & the, insert "at" Uh-huh. Yes. See Attached See Attached After Substations, insert "also" if where After people insert "or" See Attached yeah "yes" 6222 Wilshire Boulevard. Suite 204 Los Angeles, California 90048 | 2100 North Broadway, Suite 210 Santa Ana, California 92706 \ page 2 Continued Robert B. Kimball April 1 5 f 1993 Job No. 132029 PAGE 21 21 21 22 22 24 25 25 27 LINE 15 19 21 6 21 18 21 21 21 FROM TO you Mr. Hutchison that because yeah yes. Delete "And" yeah. yes Between you & already insert "have" stuff issues After relays insert "for example" Dietrick Dietrich Jill S. Rodomsky Sarnoff Deposition Service, Inc. cc: Mark A. Hutchison, Esq Scott R. Bauer, Esq. Peggy A. Leen, Esq. 1 A No. 2 Q Let's get back to your dealings with Nevada 3 Power. You said that you assisted them with your expertise 4 in purchasing equipment. Who developed the specifications, 5 or did you work together? 6 A Well, we did work together on some things, like 7 the protective relaying, we worked together and figured out 8 what they needed, then they would write the specifications. 9 And gener-tg> this was true on other things 10 too, a l t h o u g h / ^ ^ J f t h ^ ^ s we didn't really have too much A *4T 11 input. They knew what they vga^pd, and they wrote t 12 specifications . I thiif*pi*otective relaying, k l we did 13 contribute to that. 14 Q So did you have more expertise in what were the 15 characteristics of the equipment and what the needs were for 16 the system than did Nevada Power? ^ 17 A In genet^iy I think thew newer, sophisticated 18 equipment, yes. ^ T h e equipment^theryj^iad, they had more 19 expertise than we did probably because they were used to it 20 and had been using it^for years. 21 Butvthe newer equipment that was coming out, yv 22 the electronic equipment that was replacing the 23 electromechanical equipment, we helped them with that, which 24 was all brand-new. Then we had our factory engineers come 25 out too, and they had the real expertise on how things were. 12 (714)834-1571 ^arqoiT cDepositioq^Service,cZ/C *** * *.. 4i n u n c ny^ n r i k i p / ' ^ u o / i k i i c C (213)621-2653 X Q What did the factory engineers do? 2 A Well, they would explain the nitty-gritty 3 details of all^fcjiese things that those of us^JL^-J:he field 4 were not-- y didn't work entirely on designLaEira didn't know 5 about. 6 Q When did the electronic equipment start 7 replacing the mechanical? 8 A Oh, it started replacing it, I'd say, in the 9 late 1950s in a crude v^a^by today's standards, but it was a 10 gradual process, as new technology became 11 available. 12 Q So when you were talking about the later years, 13 you meant from like the '50s and '60s on? 14 A Uh -huh-. 15 Q Were you ever told of any studies about askarel 15 or PCBs? Did anyone at work ever discuss those? 17 A Studies? 18 Q Health studies. 19 A No. 20 Q Did you ever develop any instructional programs 21 for Nevada Power? 22 A I and others taug&t a class a t l e a s t once^ I 23 can't recall^ because we taught this^at several utilities, iirWr 24 on really an overview of the utility industry. All A 25 utilities have specialists, and a lot of them don't know 13 (714)834-1571 ^ a rrp fT ^ e p o s ih jj^ e r v / c e . ^ c . MEMBER NATIONAL NETWORK REPORTING COMPANIES (213)621 2653 1 1 Q I've never been to a plant. Maybe you could 2 just talk a little bit about some of the general safety 3 precautions that you would consider to be normal. '4 A Well, I might just tell you that when I first 5 graduated from college, I worked in the factory for about 18 6 months. They had a rotating program where you'd go around 7 to different factories. So I worked in half a dozen 8 different factories, I guess. 9 Well, of course there's always -- and I was in 10 the testing area and we were testing transformers, and this 11 meant they were energized, so there was always a lot of 12 emphasis on safety, from staying away from high-voltage so 13 you wouldn't get electrocuted^ And we always had certain <sr pviy>tb'($p& 14 procedures youJ.ihaaddJt^o folilcow, -stay^away and .pu-te tape around 15 yc,Jand this sort" 6f thing, So that's just one illustration 16 of the type of thing. 17 Others were you stayed away, just common sense, 18 stayed away from h i ^ m a c h i n e tools that might cut your 19 finger off -er flofttgS w n q ,, or that type of thing. In general, 20 SE, and I expect other companies, were quite conscious about 21 safety. They had committees and people whose responsibility 22 it was to make sure there were safe practices, followed. 23 ^oNow, particularly on capacitors, I never worked o 24 in that -- I did not work in that factory, but I have been A 25 there, and -- 18 (714)834-1571 ^SarqofT cD epositioricervice% (213)621-2653 ' MEMBER NATIONAL NETWORK REPORTING COMPANIES 1 U N ITED ST A T E S D IS T R IC T COURT 2 DISTRICT OF NEVADA 3 4 NEVADA POWER COMPANY, ) a Nevada corporation, ) 5) Plaintiff, ) 6) vs. ) 7) MONSANTO COMPANY, a foreign ) 8 corporation? GENERAL ) ELECTRIC COMPANY, a foreign ) 9 corporation? WESTINGHOUSE ) ELECTRIC CORPORATION, a ) 10 foreign corporation? and ) DOES I-XXV, inclusive, ) 11 ) Defendants. ) 12 ________________________________________________________________________________ ) 13 No. CV-S-89-555-LDG (LRL) 14 15 16 Deposition of ROBERT B. KIMBALL, taken on 17 behalf of the Plaintiff, at 2100 North Broadway, Third 18 Floor, Santa Ana, California, commencing at 8:20 a.m., on 19 Monday, March 15, 1993, before SHERI L. CLARK-BELL, 20 Certified Shorthand Reporter No. 6368, pursuant to Subpena. 21 22 23 24 25 (714)834-1571 GSa rip /T 'U cpositioriService, ^Iqc. MEMBER NATIONAL NETWORK REPORTING COMPANIES (213)621-2653 2 1 APPEARANCES : 2 3 4 For Plaintiff: 5 BRADLEY & MERRELL Attorneys at Law 6 BY: DEBORAH N. MAILNDER JOSEPH MAILNDER, Legal Assistant 7 c/o JONES, CLOSE & BROWN, Chartered 300 South Fourth Street 8 Suite 700 Las Vegas, Nevada 89101 9 10 11 For Defendant General Electric Company 12 and the deponent, Robert B. Kimball: 13 ALVERSON, TAYLOR, MORTENSEN & NELSON Attorneys at Law 14 BY: MARK A. HUTCHISON 3821 West Charleston Boulevard 15 Las Vegas, Nevada 89102 16 17 18 For Defendant Monsanto Company: 19 KIRKLAND & ELLIS Attorneys at Law 20 BY: SCOTT R. BAUER 1999 Broadway 21 Denver, Colorado 80202 22 23 24 25 (714)834-1571 ^SarriofT cDepositioq^ervice, MEMBER NATIONAL NETWORK REPORTING COMPANIES (213)621-2653 3 1 INDEX 2 WITNESS EXAMINATION PAGE 3 KIMBALL, ROBERT B. BY MS. MAILNDER 5 4 5 6 7 8 9 10 11 12 13 14 15 EXHIBITS FOR IDENTIFICATION 16 (None) 17 18 19 20 21 22 23 24 25 (714)834-1571 arqpfT cDepositioq^ervice,^qc. MEMBER NATIONAL NETWORK REPORTING COMPANIES (213)621-2653 4 1 Santa Ana, California, Monday, March 15, 1993 2 8:20 a.m. 3 4 ROBERT B. KIMBALL, 5 produced as a witness by and on behalf of the Plaintiff, and 6 having been first duly sworn, was examined and testified as 7 follows: 8 9 EXAMINATION 10 BY MS. MAILNDER: 11 Q I'm Deborah Mailander, and I'm the counsel for 12 Nevada Power in the case of Nevada Power versus Monsanto, 13 General Electric and Westinghouse. And I just have a few 14 questions to ask you this morning. Thanks for coming. 15 Just some preliminary questions first. Are you 16 represented by an attorney here today? 17 A Well, I guess I'm represented. Am I 18 represented? 19 MR. HUTCHISON: Of course. What kind of an answer is 20 that? Yes, you are. 21 THE WITNESS: I didn't know if you were just sitting 22 in or whether you were representing me. 23 BY MS. MAILNDER: 24 Q For the record, could you give the name of your 25 attorney. 5 (714)834-1571 *?>arqpfi cDepositioq^ervicet`T q c MEMBER NATIONAL NETWORK REPORTING COMPANIES (213)621-2653 1 A For the record? 2 Q Yes. 3 A Mr. Hutchison. 4 Q And have you met with him before today? 5 A No. 6 Q Have you spoken on thephone with him? 7 A Yes, once. 8 Q And about how long ago was that? 9 A Saturday. Last Saturday. Friday or Saturday 10 last week. 11 Q Did you review any documents in preparation for 12 today? 13 A No. 14 Q Are you currently employed? 15 A No, I'm not. I'm retired. 16 Q And you worked for General Electric; is that 17 correct? 18 A Yes, I did. 19 Q What period was it that you worked for them? 20 A 1939 to 1985. 21 Q Did Mr. Hutchison or somebody explain the 22 purpose of this deposition to you? 23 A Yes. 24 Q And so you understand that if you answer a 25 question, I assume that you understand what I'm asking? (714)834-1571 C?>arqpif ^ ep o sitio rfService^ q c. MEMBER NATIONAL NETWORK REPORTING COMPANIES (213)621-2653 6 1 A Yes. 2 Q And that if I asked you the same or similar 3 question at trial, that you would answer the same? 4 A Yes. 5 Q Have you made an agreement with Mr. Hutchison 6 or the defendants to actually appear at trial at this time? 7 A No. 8 Q Do you know why you have been listed as a 9 potential witness in this case? 10 A Well, I know why, yes, because over a period of 11 years I knew some people in Nevada Power Company and visited 12 them. 13 Q And do you remember the names of the people 14 that you visited at Nevada Power? 15 A Well, I remember a few of them, not all of them 16 certainly. But there was a Keith Grant, Jim Zornes, Harry 17 Novak, Cliff Kaiser. 18 Q And in what capacity did you know these people? 19 A Well, I was what we called an application 20 engineer for General Electric in the Los Angeles sales 21 office. And, in as few words as possible, the job is sort 22 of a technical liaison between the sales force -- the office 23 was a sales office -- so between the Los Angeles office and 24 the client's technical people to assist them to select the 25 right equipment and help them make studies, and this sort of (714)834-1571 C8 arqpif cDepositioq^ervice, ^qc. MEMBER NATIONAL NETWORK REPORTING COMPANIES (213)621-2653 7 1 thing, so in that capacity I visited Nevada Power over a 2 period of years. 3 Q Do you recall the approximate dates that you 4 were meeting with people from Nevada Power? 5 A Well, approximately, and this is approximate, 6 from the late 1960s to the early 1980s. 7 Q You stated that you assisted Nevada Power in 8 selecting the proper equipment. Could you explain how a 9 typical transaction would occur. 10 A Well, first of all, let me tell you a little 11 more about the job. My job was not with what we call 12 distribution equipment. There are two classifications -- 13 two or three or four classifications of equipment. There is 14 distribution equipment, which is the small equipment that's 15 on the poles that you see around the residential areas. 16 There is the transmission equipment, which is the 17 high-voltage power lines and the substations. There's the 18 generation area, which is where the generating plants are. 19 And my work was primarily in the transmission 20 and, to some extent, generation, very little in the 21 distribution area. So when I was over there talking to 22 them, I was talking to them primarily about 23 transmission-type equipment, possibly control equipment for 24 transmission, some generation equipment. 25 Q Did any of that equipment have PCBs in it that (714)834-1571 ^Sarqoff cD epositioriervtcc, ^qc. MEMBER NATIONAL NETWORK REPORTING COMPANIES (213)621-2653 8 1 you were dealing with? 2 A No, I don't believe it did. The PCBs are 3 primarily in capacitors, and at least at that time there 4 were no capacitors in high-voltage equipment that Nevada 5 Power had anyway. 6 Q What about transformers, was that involved in 7 your type of work? 8 A Yes, the transformers were. But, as far as I 9 was concerned, I didn't have anything to do with 10 transformers that had askarel at Nevada Power. 11 These are primarily used in office buildings 12 and places like that. A utility usually doesn't buy them. 13 I mean, they are bought by the user, and they are not the 14 large sizes generally. So no, I had nothing to do with 15 askarel transformers at Nevada Power. 16 Q What about for other utilities, were you 17 involved with askarel transformers for those, say, larger 18 ones like -- 19 A Only on the fringes. Let's see. I'm trying to 20 think here. Well, I worked with people that bought them, 21 but, I mean, it really didn't have anything to do with the 22 actual selection. 23 Q When you were working with Nevada Power, what 24 kind of expertise would you provide that they needed from 25 you? What was your training -- {714)834-1571 ^Sarqoii <Depositiorervice, MEMBER NATIONAL NETWORK REPORTING COMPANIES (213)621-2653 9 1 A A lot of it is what we call protective 2 relaying, and this is the control equipment that protects 3 the power system when there is some kind of a difficulty, 4 emergency, a fault, open circuit, or something like that. 5 This is a big area that has a lot of pretty 6 sophisticated equipment, and a lot of it was working with 7 their protective relaying engineers and selecting the right 8 equipment. That was probably the biggest area, and also, to 9 some extent, substation equipment, transformers, circuit 10 breakers. 11 Q Did you ever have involvement with a situation 12 where there were spills or leaks from the equipment? 13 A No. You mean with them? No. 14 Q Or with other companies, with other utilities. 15 A The only one I can recall is one time there was 16 a capacitor that failed, the Los Angeles Department of Water 17 and Power -- and this wasn't a spill or a leak or anything. 18 It was a capacitor that failed -- and they wanted to 19 disassemble it to find out why it failed. So it was opened 20 up, and we all got our hands on it and thought nothing of 21 it. 22 Q So was that askarel? 23 A Uh-huh. 24 Q Did you have any idea that there were PCBs as a 25 constituent part of the askarel at that time? (714)834-1571 '^SarqofT ^epositioq^Service^qc. MEMBER NATIONAL NETWORK REPORTING COMPANIES (213)621 -2653 10 1 A Not really. We knew this was a very desirable 2 fluid from a technical standpoint. It had three very 3 desirable characteristics. It was a good heat transfer 4 agent, it was a good dielectric agent, that's electrical 5 insulation, and it was nonflammable or almost nonflammable. 6 And this made it very desirable for use in these 7 applications, and that's why it was used. The so-called 8 safety or health issue when I worked with it was never an 9 issue. 10 Q So did you ever hear of any hazards associated 11 with the askarel? 12 A Not medical or health hazards. 13 Q You didn't hear something about chloracne? 14 A No. 15 Q You said you got your hands in it a lot -- 16 A Not a lot.I mean, once or twice over 40 17 years, that's not a lot. 18 Q Do you recall what it felt like or if you got 19 it on your clothes, or was there anything memorable about 20 that? 21 A No. Felt like oil, which is what the other 22 fluid that's used is. 23 Q In the time that you worked at General 24 Electric, did you ever see any kind of warning having to do 25 with the askarel? 11 (714)834-1571 ^SarqofTcDepositioq^ervice,^Iqc. MEMBER NATIONAL NETWORK REPORTING COMPANIES (213)621-2653 1 A No. 2 Q Let's get back to your dealings with Nevada 3 Power. You said that you assisted them with your expertise 4 in purchasing equipment. Who developed the specifications, 5 or did you work together? 6 A Well, we did work together on some things, like 7 the protective relaying, we worked together and figured out 8 what they needed, then they would write the specifications. 9 And generally this was true on other things 10 too, although some things we didn't really have too much 11 input. They knew what they wanted, and they wrote the 12 specifications. I think protective relaying, yeah, we did 13 contribute to that. 14 Q So did you have more expertise in what were the 15 characteristics of the equipment and what the needs were for 16 the system than did Nevada Power? 17 A In general, I think the newer, sophisticated 18 equipment, yes. The equipment they had, they had more 19 expertise than we did probably because they were used to it 20 and had been using it for years. 21 But the newer equipment that was coming out, 22 the electronic equipment that was replacing the 23 electromechanical equipment, we helped them with that, which 24 was all brand-new. Then we had our factory engineers come 25 out too, and they had the real expertise on how things were. (714)834-1571 ^ a rq p fi ^ e p o sitio rfServicc, ^qc. MEMBER NATIONAL NETWORK REPORTING COMPANIES (213)621-2653 12 1 Q What did the factory engineers do? 2 A Well, they would explain the nitty-gritty 3 details of all these things that those of us in the field 4 were not -- didn't work entirely on design and didn't know 5 about. 6 Q When did the electronic equipment start 7 replacing the mechanical? 8 A Oh, it started replacing it, I'd say, in the 9 late 1950s in a crude way by today's standards, but it was a 10 gradual process, that is, as new technology became 11 available. 12 Q So when you were talking about the later years, 13 you meant from like the '50s and '60s on? 14 A Uh-huh. 15 Q Were you ever told of any studies about askarel 16 or PCBs? Did anyone at work ever discuss those? 17 A Studies? 18 Q Health studies. 19 A No. 20 Q Did you ever develop any instructional programs 21 for Nevada Power? 22 A I and others taught a class at least once, I 23 can't recall, because we taught this at several utilities, 24 on really an overview of the utility industry. All 25 utilities have specialists, and a lot of them don't know (714)834-1571 `S arqofT cD cpositioiervice, ^qc. MEMBER NATIONAL NETWORK REPORTING COMPANIES (213)621-2653 13 1 what the other people in the other parts of the company are 2 doing. 3 And this class was an effort to get people 4 together, and we'd kind of cover the waterfront on the 5 different aspects of the utility business all the way from 6 financing to some of the technical areas, the transmission, 7 the generation, distribution, to explain to them in a 8 general way how the industry grew up. And so I did 9 contribute to that. I think we had possibly eight or ten 10 sessions, and I would teach two or three possibly. 11 Q Do you recall what sessions you were in charge 12 of teaching? 13 A Protective relaying was one, substations, I 14 think. 15 Q During those programs was the issue of safety 16 or usage of the equipment ever brought up? 17 A No. 18 Q At any time did you discuss safety with your 19 customers? 20 A Oh, we discussed safety, but not in the context 21 of PCBs. I mean, we discussed safety from the standpoint 22 of, well, just general common sense safety on what to do and 23 how to handle oil, for example, in a transformer and not to 24 allow it to become flammable, and this sort of thing. But 25 we never discussed safety in the context of PCBs, no. 14 (714)834-1571 arqpfT'epstioq^Scrviccqc. MEMBER NATIONAL NETWORK REPORTING COMPANIES (213)621-2653 1 Q And was there a particular reason for that? 2 A No, there was no reason, because it wasn't an 3 issue. Nobody even thought of it. As far as I know, and 4 you can correct me if I'm wrong, but as far as I know, the 5 whole safety issue didn't emerge until at least after 1980, 6 in this country anyway. 7 Q So that's when you first heard about the safety 8 issue of PCBs? 9 A It was after that sometime, yes. 10 Q Do you recall when that was? 11 A Well, I think that Bonneville Power first 12 brought this up in, I think it was, the middle 1980s. 13 Q And what did you hear at that time? 14 A We heard that there could be a problem. 15 Q Do you remember specificallywhat some of the 16 problems were that were discussed? 17 A No. 18 (Whereupon Mr. Bauer entered 19 the deposition proceedings.) 20 BY MS. MAILNDER: 21 Q Did you hear about chloracne? 22 A What was the word? 23 Q Chloracne. 24 A No, I've never heard it before in my life. 25 Q That's a skin irritation. (714)034-1571 ^Sa rijo if cD epositiorfervice,^qc. MEMBER NATIONAL NETWORK REPORTING COMPANIES (213)621-2653 15 1 A Okay. 2 Q You've never heard of that? 3 A No, I've never heard the word. 4 Q Did you ever hear that PCBs could be absorbed 5 through the skin? 6 A Well, the first time I heard about that was 7 when I talked to your lawyer in Bloomington, Indiana. He 8 told me that certain studies had indicated this to be the 9 case. 10 MS. MAILNDER: It looks like somebody else has just 11 walked in. 12 MR. BAUER: Scott Bauer for Monsanto Company. I 13 apologize for being late. Some people's definition of a 14 short cab ride is different than others apparently. 15 MS. MAILANDER: I'm Deborah Mailander for Nevada 16 Power Company. 17 MR. HUTCHISON: And I'm Mark Hutchison from GE. 18 THE WITNESS: Bob Kimball from GE. 19 MR. BAUER: You were answering the questions, so I 20 figured that's who you were. 21 MR. MAILANDER: Joseph Mailander, also for Nevada 22 Power. 23 BY MS. MAILANDER: 24 Q We were talking about when you first heard 25 about the hazards of PCBs, and you said that was in the (714)834-1571 arijoiT cDcpositioq^ervtce, MEMBER NATIONAL NETWORK REPORTING COMPANIES (213)621-2653 16 1 mid-1980s; is that correct? 2 A I think so. I can't be too sure of these 3 dates, but that's my guess. 4 Q Do you remember who you first heard it from? 5 You mentioned Bonneville Power. Was that a study that you 6 heard of or from discussing it with other people? 7 A No. I don't remember if I first heard it -- 8 could have been probably discussing it with other people 9 possibly in the technical press. 10 Q Did you ever hear that PCBs could cause liver 11 damage? 12 A No. 13 Q Did you ever take a tour of some of the plants 14 where they were making the equipment, especially 15 transformers and capacitors? 16 A Yes. 17 Q Do you recall at that time seeing people 18 wearing special clothing? 19 A No. 20 Q At that time did you see any warnings or signs 21 in the plant? 22 A No. 23 Q Did you hear of any safety precautions? 24 A Well, there's always safety precautions in a 25 plant, but none that I saw that related to PCB hazards. (714) 834-1571 I GSarqp/T 'Depositioq^Service, MEMBER NATIONAL NETWORK REPORTING COMPANIES (213)621 -2653 17 1 Q I've never been to a plant. Maybe you could 2 just talk a little bit about some of the general safety 3 precautions that you would consider to be normal. 4 A Well, I might just tell you that when I first 5 graduated from college, I worked in the factory for about 18 6 months. They had a rotating program where you'd go around 7 to different factories. So I worked in half a dozen 8 different factories, I guess. 9 Well, of course there's always -- and I was in 10 the testing area and we were testing transformers, and this 11 meant they were energized, so there was always a lot of 12 emphasis on safety, from staying-away from high-voltage so 13 you wouldn't get electrocuted. And we always had certain 14 procedures you had to follow, stay away and put tape around 15 it, and this sort of thing. So that's just one illustration 16 of the type of thing. 17 Others were you stayed away, just common sense, 18 stayed away from big machine tools that might cut your 19 finger off or something, or that type of thing. In general, 20 6E, and I expect other companies, were quite conscious about 21 safety. They had committees and people whose responsibility 22 it was to make sure there were safe practices followed. 23 Now, particularly on capacitors, I never worked 24 in that -- I did not work in that factory, but I have been 25 there, and -- 714)834-1571 S S arqoff cDepositioq?ervice.cIq c MEMBER NATIONAL NETWORK REPORTING COMPANIES (213)621-2653 18 1 Q Which factory was that? 2 A It's the GE Hudson Falls, New York factory 3 where capacitors are made. And I saw the tanks with PCBs in 4 them and saw them make the foil that they use to make 5 capacitors and saw them put them together. But I have no 6 recollection of any particular safety instructions or 7 hazards there. 8 Q Do you recall who at that plant was working 9 with the capacitors? 10 A No. I was just back there on a tour that went 11 through half a day, and welooked and left. 12 Q Okay. Who else at GE was working as an 13 applications engineer that had dealings with Nevada Power? 14 A I'm trying to think, because we had different 15 people at different times. First of all, there was only two 15 of us, and the only one I can think of that possibly did, 17 and I'm not sure that he did, was a fellow named Dave 18 Hopkins. 19 Q H-o-p-k-i-n-s? 20 A Yes. 21 Q Do you know if he is still around thisarea? 22 A I think he's in SanDiego, and Ibelieve he's 23 still working for San Diego Gas and Electric Company. But I 24 could be wrong. I'm not sure that he went to Nevada Power 25 even. I'm just saying this is a possibility. (714)834-1571 CarqofT cDepositioq^ervice, MEMBER NATIONAL NETWORK REPORTING COMPANIES (213)621-2653 19 1 Q Can you think ofanyone else that possibly -- 2 A No. 3 Q Are you aware of any other lawsuits that have 4 been filed against General Electric related to PCBs? 5 A No. 6 Q You may have heard that one ofthe claims in 7 this case is that General Electric did not provide a warning 8 on PCBs. Are you aware of any facts that would relate to 9 that claim? 10 A No. 11 Q When did you first hear that Nevada Power had 12 filed this claim? 13 A Well, let's see. I don't have a date. It was 14 probably a month or two ago. Mr. Shaughnessy -- 15 Q What is that document you are looking at? Are 16 those just your notes you're looking at? 17 A That's my file, yeah. Mr. Shaughnessy called 18 me and said that I might be contacted by the plaintiff's 19 lawyers. 20 Q And, I'm'sorry, how long ago did you think that 21 was? 22 A Possibly a month, possibly two months. I don't 23 have a date on it. 24 MS. MAILANDER: For the record, his file is a 25 half-page piece of pink paper with handwritten notes on it 20 (714)834-1571 ^SarqofT cDcpositioqGrvicc, MEMBER NATIONAL NETWORK REPORTING COMPANIES (213)621-2653 1 there. 2 THE WITNESS: I don't intend to file this. I'm 3 referring to it. 4 BY MS. MAILNDER: 5 Q Right. Are those notes you took when you were 6 talking with Mr. Shaughnessy? 7 A I wrote down his name, yes, and who he was. 8 That's what's on here, and a phone number. 9 Q So that's all, or is there anything else on 10 that piece of paper that relates to this case? 11 A Mr. David McCrae called me and I talked to him, 12 and I don't have a date on that, but that was possibly a 13 week or two after I talked to Shaughnessy. Then I talked to 14 Shaughnessy again. I do have a date on that. That's when I 15 talked to you and Shaughnessy, and that was on 3/11, March 16 11th. 17 Q In more recent years have you heard of any 18 questions from customers regarding PCBs? 19 A Oh, I've heard that there is big talk in the 20 industry about all the problems, and so forth. After it 21 became prevalent, I certainly heard a lot about it, yeah. 22 But I was not involved directly. 23 Q What are some of the things that you've heard 24 discussed in the industry? Just give me -- 25 A You hear horror stories about how the 21 (714JB34-1571 ^ a rrip IT ^D epositioifService, `T q c MEMBER NATIONAL NETWORK REPORTING COMPANIES (213)621-2653 1 capacitors blow up and go into swimming pools and utilities 2 get sued for lots of money, and this sort of thing. 3 I had a personal experience. We had a 4 capacitor out on the property line where 1 live in my house, 5 and I noticed one day, one weekend, that the capacitor was 6 bulging. And this was probably about 1980. So I called up 7 a friend of mine at Southern California Edison the next 8 day -- we are on the Southern California Edison system -- 9 and said -- this was a Monday morning -- "Looks like this 10 capacitor is in bad shape." 11 And I came home that night at 5:00 in the 12 afternoon and there were 15 people there from Southern 13 California Edison with drums, big 55-gallon drums, 14 protective clothing, district manager, and the lab guy was 15 picking up dirt, and all the protective clothing and tools 16 were going in the barrels. Apparently there had been a few 17 drops of PCB drop out of that onto the ground, and that was 18 the reason for the attention given to it. 19 Q Did you speak with anyone at that time about 20 what happened? 21 A Oh, yeah. 22 Q Did they give you any warnings at that time 23 about the PCBs? 24 A Warnings? 25 MR. BAUER: Object to the form. Who is warning who 22 {714)834-1571 ^SarqpfT `U epositiorfervice, MEMBER NATIONAL NETWORK REPORTING COMPANIES (213)621-2653 1 at this point? 2 BY MS. MAILNDER: 3 Q Was Southern California Edison' warning you? 4 A They didn't need to warn me. I was staying 5 away from it at that time. 6 Q You were staying away from it because by that 7 point you had heard of some of the -- 8 A Well, no. I knew that they would be in trouble 9 if I did anything. And there wasn't really anything to warn 10 about, as far as I was concerned. It was a classic case of 11 overkill. 12 Q Are you aware that PCBs are treated as 13 hazardous waste when they are disposed of? 14 A Yes. 15 Q Do you know how they're disposed of? 16 A Well, I guess there is a controversy over it, 17 but, as far as I know, they take them now to certain 18 approved disposal sites. 19 Q And do you know if they are disposed in 20 landfills? 21 A No, I don't. If they are disposed in 22 landfills, and I don't know that they are, I am sure that 23 there are certain very well-defined landfills. 24 Q At any time while you were working at General 25 Electric do you recall attorneys coming in and reviewing the (714)834-1571 ^SarqofT 'Depositioq^Service,`T/jc. MEMBER NATIONAL NETWORK REPORTING COMPANIES (213)621-2653 23 1 files? 2 A No. 3 Q Do you recall files being removed from General 4 Electric? 5 A No. 6 Q About howoften would you meet withpersonnel 7 at Nevada Power? 8 A Oh, possibly once a month or twice a month, 9 possibly. 10 Q And you mentioned some names earlier. Keith 11 Grant, was he a sales representative? I mean, was he a 12 purchaser? 13 A No. These people wereengineeringpeople, all 14 of them I mentioned, either engineering or operating people. 15 Q Who else did you work with from GE when you 16 would go to visit? Did you have a sales representative that 17 would go with you? 18 A Yes. And I know you already talked to a couple 19 of them. Mr. Garrison, Mr. Marston, Mr. Les Fickel. Those 20 are the ones that come to mind. Mr. Eddie Powell was there, 21 but he's dead. His name may have come up in your testimony. 22 But he died, I think, before this all came to be an issue. 23 Q Have you spoken with any of the sales 24 representatives who we've already deposed? 25 A Yes. 24 (714)834-1571 arijpfT 'Depositioqfervice, Iqc MEMBER NATIONAL NETWORK REPORTING COMPANIES (213)621-2653 1 Q And what did you discuss at those meetings 2 or -- 3 A You mean have I spoken to them when? 4 Q I'm sorry. Have you spoken with them since 5 we've taken their depositions? 6 A Yes. 7 Q And what did you discuss at those times? 8 A Well, I asked them what happened. 9 Q Were you trying to get the scoop? 10 A No. I just wondered what the issue was, 11 although I was pretty sure what it was, and all they did was 12 confirm what I already knew. 13 Q And what was that? 14 A What you're asking meabout here, the 15 possibility of a safety/medical issue of PCBs. 16 Q Could you explain a little bit about how you 17 would work with the sales representatives when you were 18 meeting with Nevada Power. 19 A Well, in general, I wouldn't meet with them. I 20 mean, I'd be on my own. For example, on the technical 21 stuff, technical material on protective relays, the sales 22 engineer, in general, didn't want to be involved, and so it 23 was just talk between the engineers. 24 Occasionally we would have people come out, 25 factory experts come out from the east, and I would sit in (714)834-1571 ^Sartipff cDepositioq^ervice, MEMBER NATIONAL NETWORK REPORTING COMPANIES (213)621-2653 25 1 on meetings where the factory people were there. But, in 2 general, I was by myself with the customer people. 3 Q So you would meet with the customers and at a 4 separate time the sales representative would meet with the 5 customers? 6 A I would fly over typically and spend the day 7 and go over things and fly back in the afternoon. Sometimes 8 I'd stay overnight, but usually it was a one-day or two-day 9 visit. 10 Q Would you take a tour of the Nevada Power 11 facility to look at their equipment? 12 A Yes, sometimes. 13 Q And would you typically discuss it with a 14 number of people or just Nevada Power? 15 A Usually it was a very small group, one or two, 16 except for this class that we taught. 17 Q When would the sales representatives become 18 involved? Would that be before you met with or after you 19 met with Nevada Power, or was it a totally separate -- 20 A Pretty much totally separate. I mean, I went 21 my way and they went theirs, in general. But I would talk 22 to them when I came back, and we had a reasonably consistent 23 approach. 24 MS. MAILANDER: Why don't we take about a five-minute 25 break. (714)834-1571 ^Sarqpfr cDepositio%cervice, MEMBER NATIONAL NETWORK REPORTING COMPANIES (213)621 -2653 26 1 (Recess taken.) 2 MS. MAILNDER: On the record. 3 Q You've stated that you were not aware of any 4 warnings about PCBs while you were with GE; is that correct? 5 A Yes. 6 Q Who would have been in charge of developing 7 warnings? 8 MR. BAUER: Object to the form; lacks foundation. 9 BY MS. MAILNDER: 10 Q If there were any warnings, what department 11 would have developed those? 12 A I have no idea. I was not involved with that 13 end of it. It would be somebody in the factory, I presume. 14 Q I'm going to read you a few names and see if 15 any of them sound familiar to you. 16 Do you know Booth Turner? 17 A Slightly, yes. He's a Westinghouse salesman, 18 right? 19 Q Did you ever work with him? 20 A No. 21 Q How about Joseph Dietrick? 22 A Oh, yes, I know Joe Dietrick. He worked in 23 our, and still works in our, GE Los Angeles office. 24 Q And was he a sales rep? 25 A He was what we called a sales assistant. He 27 (714)834-1571 G5 arijpfT ^epositioq^ervicet^qc. MEMBER NATIONAL NETWORK REPORTING COMPANIES (213)621-2653 1 didn't visit customers, in general didn't visit customers. 2 He might have occasionally. He would answer inquiries and 3 complaints and follow up on orders and this sort of thing. 4 Q How about Melvin Belcher? 5 A Yes. 6 Q And who was he oris he? 7 A He was a GE sales engineer at one time. 8 Q What was your working relationship with the 9 Westinghouse salespeople? Did you know them? 10 A I had no working relationship, or else we'd be 11 in jail. I would see them at industry meetings and 12 technical meetings occasionally. That was my relationship. 13 Q Do you know James Gabelsberg? 14 A Who? 15 Q James Gabelsberg. 16 A No. 17 Q Yo Fukunaga? 18 A No. 19 Q Richard Pace? 20 A No. 21 Q James McCarthy? 22 A Yes. 23 Q And who is he? 24 A He was my counterpart at Westinghouse. 25 Q How about Ken Robinson? (714) 034-1571 ^ a rq p ff cDepositioq?ervicG,^qc. MEMBER NATIONAL NETWORK REPORTING COMPANIES (213)621-2653 28 1 A Yes, I knew him slightly. 2 Q Do you know what position he held? 3 A He was manager of the local Westinghouse 4 office. 5 Q How about Robert Anderson? 6 A No. 7 Q Wayne Conaway? 8 A No. 9 Q How about Al Salazar? 10 A No. 11 Q G.C. Gainer? 12 A No. 13 Q Gary Cunningham? 14 A Gary Cunningham? 15 Q Yes. 16 A No. 17 Q At any time while you were working atGeneral 18 Electric did you see pamphlets from the manufacturers of 19 PCBs? 20 A Oh, we always issued instructions on almost all 21 equipment, and if that's what you mean, yes. 22 Q Who were the manufacturers of the PCBs? 23 A Excuse me. Possibly I misunderstood you there. 24 Pamphlets from the manufacturer of PCBs, like Monsanto, you 25 mean? (714)034-1571 ^Sarqoff cDepositioq?ervice,`Tjrc. MEMBER NATIONAL NETWORK REPORTING COMPANIES (213)621-2653 29 1 Q Right. 2 A No. 3 Q Were there any other manufacturers of PCBs that 4 you are aware of? 5 A No. 6 Q Did you have any communications with Monsanto? 7 A No. 8 Q You mentioned that GE developed pamphlets. 9 Were those for the customers? 10 A Yes. 11 Q What kind of information was in those? 12 A Well, in general, it was how to install the 13 equipment, how to use it, same type of thing you get when 14 you buy a washing machine. There would be some safety 15 things, and I can't think of an example, but I'm sure there 16 were because there always are, that they put in to protect 17 themselves. But I never saw anything related to the health 18 issue as far as PCBs were concerned. 19 Q What department developed those pamphlets? 20 A Well, in general, whoever built the equipment, 21 it would be that product department. 22 MS. MAILANDER: Well, I think I don't have any more 23 questions at this time. We'll leave it open in case there 24 is additional information when we get closer to trial. 25 MR. HUTCHISON: I don't have any questions. (714)834-1571 ^Sarqpff 'IDepositiorfervice, c7qc. MEMBER NATIONAL NETWORK REPORTING COMPANIES (213)621-2653 30 1 MR. BAUER: I don't have any questions. Not that I 2 expect that we're going to reach agreement on this issue, 3 but our position is that the deposition is concluded. 4 MS. MAILANDER: We're considering it open. 5 MR. BAUER: I understand. I didn't want my silence 6 to be deemed acquiescence in that view. 7 MR. HUTCHISON: I didn't think that we were going to 8 reopen this deposition, are we? 9 MS. MAILNDER: It depends on what you intend to use 10 Mr. Kimball for at trial. 11 MR. BAUER: They've never said they are going to use 12 him. They identified him in response to a request by your 13 firm for people who had contact with Nevada Power. 14 MS. MAILNDER: Okay. We'll just leave it at that, 15 then. 16 THE WITNESS: What does leaving the deposition open 17 mean practically? 18 MS. MAILANDER: That means there could be a 19 continuance. And we don't expect this, but if there was 20 additional information we needed from you, we could issue 21 another subpena. But we don't expect to do that at this 22 time. 23 THE WITNESS: Okay. 24 (Whereupon the deposition proceedings 25 concluded at 9:10 a.m.) 31 (714)834-1571 G a rip ir ^Dcpositioq^Scrvicc,^qc. MEMBER NATIONAL NETWORK REPORTING COMPANIES (213)621-2653 1 STATE OF _____________ ) ) 2 COUNTY OF ____________ ) ss. 3 4 5 6 7 8 9 I, the undersigned, say that I have read 10 the foregoing deposition and I declare, under penalty of 11 perjury under the laws of the State of California, that the 12 foregoing is a true and correct transcript of my testimony 13 contained therein. 14 EXECUTED this ________ day of _________________ 15 199 , at _____________________________________________________ 16 17 18 19 20 21 22 23 ROBERT B. KIMBALL 24 25 (714)834-1571 ^SarqofT cDepositioqtGervicet^qc. MEMBER NATIONAL NETWORK REPORTING COMPANIES (213)621-2653 32 The undersigned Certified Shorthand Reporter of the State of California does hereby certify: That prior to being examined, the witness in the foregoing proceedings was duly sworn to testify the truth, the whole truth and nothing but the truth. That said proceedings were taken before me at the time and place therein set forth, and were taken down by me in shorthand and thereafter transcribed into typewriting under my direction and supervision? and I hereby certify that the foregoing transcript of proceedings is a full, true and correct transcript of my shorthand notes so taken. I further certify that I am neither counsel for nor related to any party to said action, nor in anywise interested in the outcome thereof. In witness whereof, I have hereunto subscribed my name this day of i l i _________ , 19 5 3 . SHERI CLARK BELL CSR No. 6368 33 Robert B. Kimball 03/15/93 '50s 13:13 '60s 13:13 1 11th 21:16 132029 1:26 15 1:24; 2:19; 5:1; 22:12 18 18:5 1939 6:20 1950s 13:9 1960s 8:6 1980 15:5; 22:6 1980s 8:6; 15:12 1985 6:20 199 32:15 1993 1:24; 2:19; 5:1 1999 3:0 2 2100 2:17 3 3/11 21:15 300 3:0 3821 3:0 4 40 11:16 5 5 4:3 55-gallon 22:13 5:00 22:11 6 6368 1:25; 2:20 7 700 3:8 8 80202 3:21 89101 3:0 89102 3:15 8:20 2:18; 5:2 9 9:10 31:25 A a.m 5:2; 31:25 a.m . 2:18 a b so rb ed 16:4 acq u iescen ce 31:6 actual 9:22 actu ally 7:6 additional 30:24; 31:20 aftern oon 22:12; 26:7 again 21:14 against 20:4 agen t 11:4,4 ag reem en t 7:5; 31:2 allow 14:24 alm ost 11:5; 29:20 already 24:18,24; 25:12 alth ou gh 12:10; 25:11 ALVERSON 3:13 always 17:24; 18:9,11,13; 2 9 :2 0 ; 30:16 Ana 1:23; 2:18; 5:1 A nderson 29:5 A ngeles 7:20,23; 10:16; 27:23 answ er 5:19; 6:24; 7:3; 28:2 answ ering 16:19 an yon e 13:16; 20:1; 22:19 an yth in g 9:9,21; 10:17; 11:19; 2 T9; 23:9,9; 30:17 anyw ay 9:5; 15:6 apologize 16:13 apparently 16:14; 22:16 appear 7:6 APPEARANCES 3:1 application 7:19 applications 11:7; 19:13 approach 26:23 approved 23:18 approxim ate 8:3,5 approxim ately 8:5 area 8:18,21; 10:5,8; 18:10; 19:21 areas 8:15; 14:6 a1r9o:2u1n d 8:15; 18:6,14; ask 5:14 askarel 9:10,15,17; 10:22,25; 11:11,25; 13:15 asked 7:2; 25:8 asking 6:25; 25:14 asp ects 14:5 assist 7:24 A ssistant 3:27 assisted 8:7; 12:3 associated 11:10 assum e 6:25 atten tion 22:18 atto rn ey 5:16,25 A ttorneys 3:3,23 available 13:11 aw are 20:3,8; 23:12; 27:3; 30:4 away 18:12,14,17,18; 23:5,6 B b a ck 12:2; 19:10; 26:7,22 bad 22:10 barrels 22:16 BAUER 3:20; 15:18; 16:12,12,19; 22:25; 27:8; 31:1,5,11 b eca m e 13:10; 21:21 b ecom e 14:24; 26:17 b e h a lf 2:17; 5:5 B elch e r 28:4 b elieve 9:2; 19:22 big 10:5; 18:18, 21:19; 22:13 biggest 10:8 b it 18:2; 25:16 B lo o m in g to n 16:7 blow 22:1 Bob 16:18 B o n n e v ille 15:11; 17:5 B ooth 27:16 bought 9:13,20 Boulevard 3:0 BRADLEY 3:5 brand-new 12:24 b reak 26:25 b reak ers 10:10 Broadway 2:17; 3:0 b rou g h t 14:16; 15:12 BROWN 3:7 bu ildings 9:11 bu ilt 30:20 bulging 22:6 b u sin e ss 14:5 buy 9:12; 30:14 c c/o 3:7 cab 16:14 C alifornia 1:23; 2:18; 5:1; 22:7,8,13; 23:3; 32:11 Call 8:11; 10:1 called 7:19; 20:17; 21:11; 22:6; 27:25 ca n 't 13:23; 17:2; 30:15 capacitor 10:16,18; 22:4,5,10 capacitors 9:3,4; 17:15; 18:23; 19:3,5,9; 22:1 cap acity 7:18; 8:1 case 5:12; 7:9; 16:9; 20:7; 21:10; 23:10; 30:23 cau se 17:10 ce rta in 16:8; 18:13; 23:17,23 certain ly 7:16; 21:21 C ertified 2:20 ch a ra cte ristics 11:3; 12:15 ch arge 14:11; 27:6 C harleston 3:0 C hartered 3:7 ch lo ra cn e 11:13; 15:21,23 circ u it 10:4,9 claim 20:9,12 claim s 20:6 CLARK-BELL 1:25; 2:19 Class 13:22; 14:3; 26:16 classic 23:10 classification s 8:12,13 c lie n t's 7:24 C liff 7:17 CLOSE 3:7 clo ser 30:24 clo th es 11:19 clo th in g 17:18; 22:14,15 co lle g e 18:5 C olorad o 3:21 com in g 5:14; 12:21; 23:25 com m en cin g 2:18 co m m itte e s 18:21 com m on 14:22; 18:17 com m u nication s 30:6 com p an ies 10:14; 18:20 COMPANY 1:3,10,12; 2:4,2; 3:3; 7:11; 14:1; 16:12,16; 19:23 com p lain ts 28:3 Conaway 29:7 co n ce rn e d 9:9; 23:10; 30:18 con clu d ed 31:3,25 co n firm 25:12 co n scio u s 18:20 co n sid e r 18:3 co n sid erin g 31:4 co n sisten t 26:22 c o n s titu e n t 10:25 con tact 31:13 con tacted 20:18 con tain ed 32:13 co n tex t 14:20,25 co n tin u a n ce 31:19 c o n trib u te 12:13; 14:9 c o n tro l 8:23; 10:2 con trov ersy 23:16 c o rp o ra tio n 1:4,11,13,14,15; 2:2,9,2 c o r r e c t 6:17; 15:4; 17:1; 27:4; 32:12 c o u n s e l 5:11 cou n terp art 28:24 c o u n try 15:6 COUNTY 32:2 cou p le 24:18 c o u rse 5:19; 18:9 COURT 1:1; 2:1 co v er 14:4 cru d e 13:9 CSR 1:25 C u nningham 29:13,14 cu rren tly 6:14 cu sto m er 26:2 cu sto m ers 14:19; 21:18; 26:3,5; 28:1,1; 30:9 cu t 18:18 CV-S-89-555-LDG 1:8; 2:0 D dam age 17:11 date 20:13,23; 21:12,14 dates 8:3; 17:3 Dave 19:17 David 21:11 day 19:11; 22:5,8; 26:6; 32:14 dead 24:21 d ealin g 9:1 d ealin g s 12:2; 19.13 DEBORAH 3 6; 511; 16:15 d eclare 32:10 d eem ed 31:6 D efend an t 3:3 D e fe n d a n ts 1:18; 2:7 d e fin itio n 16:13 D en v er 3:21 D ep artm ent 10:16; 27:10; 3 0 :19,21 depends 31:9 d ep o n en t 3:12 deposed 24:24 DEPOSITION 1:21; 2:16; 6:22; 15:19; 31:3,8,16,24; 32:10 d ep o sitio n s 25:5 Samoff Deposition Service, Inc. Depo Merge Index 1 R obert B . K im ball 03& 5/93. design 13:4 desirable 11:1,3,6 details 13:3 develop 13:20 developed 12:4: 27:11; 30:8,19 developing 27:6 didn't 5:21; 9:9,21; 11:13; 12:10; 13:4,4; 15:5; 23:4; 25:22; 28:1,1; 31:5,7 died 24:22 Diego 19:22,23 dielectric 11:4 Dletrick 27:21,22 different 14:5; 16:14; 18:7,8; 19:14,15 difficulty 10:3 directly 21:22 dirt 22:15 disassemble 10:19 discuss 13:16; 14:18; 25:1,7; 26:13 discussed 14:20,21,25; 15:16; 21:24 discussing 17:6,8 disposal 23:18 disposed 23:13,15,19,21 distribution. 8:12,14,21; 14:7 DISTRICT 1:1,2; 2:1,2; 22:14 document 20:15 documents 6:11 DOES 1:16; 2:31 doesn't 9:12 doing 14:2 down 21:7 dozen 18:7 drop 22:17 drops 22:17 drums 22:13,13 duly 5:6 During 14:15 E earlier 24:10 early 8:6 east 25:25 Eddie 24:20 Edison 22:7,8,13; 23:3 effort 14:3 eight 14:9 either 24:14 ELECTRIC 1:12,14; 2:2; 3:5; 6:16; 7:20; 11:24; 19:23; 20:4,7; 23:25; 24:4; 29:18 electrical 11:4 electrocuted 18:13 electromechanical 12:23 electronic 12:22; 13:6 ELLIS 3:19 else 16:10; 19:12; 20:1; 21:9; 24:15; 28:10 emerge 15:5 emergency 10:4 emphasis 18:12 employed 6:14 end 27:13 energized 18:11 engineer 7:20; 19:13; 25:22; 28:7 engineering 24:13,14 engineers 10:7; 12:24; 13:1; 25:23 entered 15:18 entirely 13:4 equipment 7:25; 8-8,l i , 13,14,14,16,23,23,24, 9:4; 10:2,6,8,9,12; 12:4,15,18,18,21,22,23; 13:6; 14:16; 17:14; 26:11; 29:21; 30:13,20 especially 17:14 EXAMINATION 4:2; 5:9 examined 5:6 example 14:23; 25:20; 30:15 except 26:16 Excuse 29:23 EXECUTED 32:14 EXHIBITS 4:15 expect 18:20; 31:2,19,21 experience 22:3 expertise 9:24; 12, 14,19,25 experts 25:25 explain 6:21; 8:8; 13:2; 14?7; 25:16 extent 8:20; 10:9 F facility 26:11 factories 18:7,8 factory 12:24; 13:1; 18:5,24; 19:1,2; 25:25; 26:1; 27:13 facts 20:8 failed 10:16,18,19 Falls 19:2 fa m ilia r 27:15 far 9:8; 15:3,4; 23:10,17; 30:18 fault 10:4 fellow 19:17 felt 11:18,21 few 5:13; 7:15,21; 22:16; 27:14 Fickel 24:19 field 13:3 figured 12:7; 16:20 file 20:17,24; 21:2 filed 20:4,12 files 24:1,3 financing 14:6 find 10:19 finger 18:19 firm 31:13 first 5:6,15; 8:10; 15:7,11; 16:6,24; 17:4,7; 18:4; 19:15; 20:11 five-minute 26:24 flammable 14:24 Floor 2:18 fluid 11:2,22 fly 26:6,7 foil 19:4 follow 18:14; 28:3 followed 18:22 follows 5:7 force 7:22 foregoing 32:10,12 foreign 1:10,12,15; 2:2,10 form 22:25; 27:8 forth 21:20 foundation 27:8 four 8:13 Fourth 3:0 Friday 6:9 friend 22:7 fringes 9:19 Fukunaga 28:17 G G.C 29:11 Gabelsberg 28:13,15 Gainer 29:11 Garrison 24:19 Gary 29:13,14 Gas 19:23 GE 16:17,18; 18:20: 19:2,12; 24:15; 27:4,23; 28:7; 30:8 GENERAL 1:11; 2:8; 3:5; 6:16; 7:20; 11:23; 12:17; 14:8,22; 18:2,19; 20:4,7; 23:24; 24:3; 25:19,22; 26:2,21; 28:1; 29:17; 30:12,20 generally 9:14; 12:9 generating 8:18 generation 8:18,20,24; going 22:16; 27:14; 31:2,Till good 11:3,4 gradual 13:10 graduated 18:5 Grant 7:16; 24:11 grew 14:8 ground 22:17 group 26:15 guess 23:16 .5:17; 17:3; 18:8; guy 22:14 H H-o-p-k-i-n-s 19:19 half 18:7; 19:11 half-page 20:25 handle 14:23 hands 10:20; 11:15 handwritten 20:25 happened 22:20; 25:8 Harry 7:16 hazardous 23:13 hazards 11:10,12; 16:25; 17:25; 19:7 health 11:8,12; 13:18; 30:17 hear 11:10,13; 15:13,21; 16:4; 17:10,23; 20:11; 21:25 liu tiU 1^</| 1T)A" i 16:2,3,6,24; 17:4,6,7; 2C 21:17,19,21,23; 23:7 heat 11:3 held 29:2 help 7:25 helped 12:23 high-voltage 8:17; 9:4; home 22:11 Hopkins 19:18 horror 21:25 house 22:4 Hudson 19:2 HUTCHISON 3:14; 5:19; 6:3,21; 7:5; 16:17,17; 30:25; 31:7 1 Fve 15:24; 16:3; 18:1; 21:19 I-XXV 1:16; 2:0 idea 10:24; 27:12 IDENTIFICATION 4:15 Identified 31:12 illustration 18:15 inclusive 1:16; 2:0 Indiana 16:7 indicated 16:8 industry 13:24; 14:8; 21:20,24; 28:11 information 30:11,24; 31:20 input 12:11 Inquiries 28:2 install 30:12 Instructional 13:20 instructions 19:6; 29:20 insulation 11:5 intend 21:2; 31:9 involved 9:6,17; 21:22; 25:22; 26:18; 27:12 involvement 10:11 irritation 15:25 issue 11:8,9; 14:15; 15:3,5,8; 24:22; 25:10,15; 30:18; 31:2,20 Issued 29:20 \ j jail 28:11 James 28:13,15,21 Jim 7:16 JOB 1:26; 7:21; 8:11,11 Joe 27:22 JONES 3:7 JOSEPH 3:16; 27:21 K Kaiser 7:17 Keith 7:16; 24:10 Ken 28:25 KIMBALL 1:21; 2:16; 3:12; 4:3; 5:4; 16:18; 31:10; 32:0 kind 5:19; 9:24: 10:3; 11:24; 14:4; 30:11 KIRKLAND 3:19 L lab 22:14 lacks 27:8 landfills 23:20,22,23 large 9:14 larger 9:17 Las 3:3 Last 6:9,10 late 8:6; 13:9; 16:13 Sam off D eposition Service, In c Depo-Merge Index 2 Robert B. Kimball 03/15/93 later 13:12 Law 3:3,0 laws 32:11 law suits 20:3 lawyer 16:7 lawyers 20:19 leak 10.17 leaks 10:12 least 9:3; 13:22, 15:5 leave 30:23; 31:14 leaving 31:16 left 19:11 Legal 3:0 Les 24:19 Let's 9:19; 12:2; 20:13 liaison 7:22 life 15:24 lin e 22:4 lin es 8:17 listed 7:8 little 8:10,20; 18:2; 25:16 live 22:4 liver 17:10 local 29:3 long 6:8; 20:20 look 26:11 lo o k ed 19:11 looking 20:15,16 looks 16:10; 22:9 Los 7:20,23; 10:16; 27:23 lo t 10:1,5,6: 11:15,16,17; 13:25; 18:11; 21:21 lots 22:2 LRL 1:8; 2:0 M m ach in e 18:18; 30:14 MAILANDER 3 6,4; ^5:10,11,23; 15:20; 16:10,15,15,21,21,23; 20:24; 21:4; 23:2; 26:24; 27:2,9; 30:22; 31:4,9,14,18 m ake 7:25; 18:22; 19:4,4 m aking 17:14 m anager 22:14; 29:3 m an u factu rer 29:24 m anufacturers 29:18,22; 30:3 M arch 1:24; 2:19; 5:1; 21:15 MARK 3:14; 16:17 M arston 24:19 m aterial 25:21 m ay 20:6; 24:21 Maybe 18:1 M cCarthy 28:21 McCrae 21:11 m ean 9:13,21; 10:13; 11:16; 14:21; 24:11; 25:3,20; 26:20; 29:21,25; 31:17 m eans 31:18 m ea n t 13:13; 18:11 m ech an ical 13:7 m edical 11:12 m eet 24:6; 25:19; 26:3,4 m eetin g 8:4; 25:18 m eetin gs 25:1; 26:1; 28:11,12 Melvin 28:4 m em orable 11:19 m e n tio n e d 17:5; 24:10,14; 30:8 MERRELL 3:5 m et 6:4; 26:18,19 m id -1980s 17:1 m iddle 15:12 m ind 24:20 m in e 22:7 m isunderstood 29:23 M onday 1:24; 2:19; 5:1; 22:9 m on ey 22:2 MONSANTO 1:10; 2:3; 5:12; 16:12; 29:24; 30:6 m on th 20:14,22; 24:8,8 m o n th s 18:6; 20:22 m orn in g 5:14; 22:9 MORTENSEN 3:13 N n am e 5:24; 21:7; 24:21 nam ed 19:17 nam es 7:13; 24:10; 27:14 n eed 23:4 n eed ed 9:24; 12:8; 31:20 n eed s 12:15 NELSON 3:13 NEVADA 1:2,3,4; 2:2,4,3; 3:15; 5:12,12; 7:11,14; 8:1,4,7; 9:4,10,15,23; 12:2,16; 13:21; 16:15,21; 19:13,24; 20:11; 24:7; 25:18; 26:10,14,19; 31:13 n ew 13:10; 19:2 n ew er 12:17,21 n ext 22:7 n ig h t 22:11 n itty -g ritty 13:2 N obody 15:3 N one 4:16; 17:25 n o n flam m ab le 11:5,5 n o rm a l 18:3 N orth 2:17 n o tes 20:16,25; 21:5 n o th in g 9:14; 10:20 n o ticed 22:5 Novak 7:17 n u m b er 21:8; 26:14 O O bject 22:25; 27:8 O ccasionally 25:24; 28:2,12 o ccu r 8:9 Off 18:19 office 7:21,22,23,23; 9:11; 27:23; 29:4 often 24:6 O h 13:8; 14:20; 21:19; 22:21; 24:8; 27:22; 29:20 Oil 11:21; 14:23 o k a y 16:1; 19:12; 31:14,23 o n ce 6:7; 11:16; 13:22; 24:8 o n e 10:15,15; 14:13; 18:15; 19:16; 20:6; 22:5,5; 26:15; 28:7 one-day 26:8 on es 9:18; 24:20 on to 22:17 op en 10:4; 30:23; 31:4,16 op ened 10:19 operating 24:14 ord ers 28:3 Others 13:22; 16:14; 18:17 ov erkill 23:11 overnight 26:8 overview 13:24 own 25:20 P Pace 28:19 PAGE 4:2 pam phlets 29:18,24; 30:8,19 paper 20:25; 21:10 part 10:25 p a rticu la r 15:1; 19:6 p articu larly 18:23 parts 14:1 PCB 17:25; 22:17 PCBs 8:25; 9:2; 10:24; 13:16; 14:21,25; 15:8; 16:4,25; 17:10; 19:3; 20:4,8; 21:18; 22:23; 23:12; 25:15; 27:4; 29:19,22,24; 3 0 :3,18 penalty 32:10 people 7:11,13,18,24; 8:4; 9:20; 14:1,3; 17:6,8,17; 18:21; 19:15; 22:12; 24:13,13,14; 25:24; 26:1,2,14; 31:13 p eo p le's 16:13 period 6:19; 7:10; 8:2 p erju ry 32:11 personal 22:3 p erso n n el 24:6 p h on e 6:6; 21:8 picking 22:15 piece 20:25; 21:10 p in k 20:25 places 9:12 P la in tiff 1:6; 2:2; 3-4; 5:5 p la in tiffs 20:18 p lant 17:21,25; 18:1; 19:8 plants 8:18; 17:13 point 23:1,7 poles 8:15 p oo ls 22:1 position 29:2; 31:3 possib ility 19:25; 25:15 p o ssib le 7:21 possibly 8:23; 14:9,10; 17:9; 19:16; 20:1,22,22; 21:12; 24:8,9; 29:23 p oten tial 7:9 Powell 24:20 POWER 1:3; 2:4; 5:12,12; 7:11,14; 8:1,4,7,17; 9:5,10,15,23; 10:3,17; 12:3,16; 13:21; 15:11; 16:16,22; 17:5; 19:13,24; 20:11; 24:7; 25:18; 26:10,14,19; 31.13 practically 31:17 p ractices 18:22 ?re ca u tio n s 17:23,24; 8:3 p relim in ary 5:15 p rep aration 6:11 p ress 17:9 presum e 27:13 p retty 10:5; 25:11; 26:20 p revalen t 21:21 p rim a rily 8:19,22; 9:3,11 p ro b a b ly 10:8; 12:19; 17:8; 20:14; 22:6 p ro b lem 15:14 p ro blem s 15:16; 21:20 p ro ced u res 18:14 p ro ceed in gs 15:19; 31:24 p ro cess 13:10 p ro d u ced 5:5 p rod u ct 30:21 p ro gram 18:6 p ro g ram s 13:20; 14:15 proper 8:8 p ro p erty 22:4 p ro tect 30:16 irotectiv e 10:1,7; 12:7,12; 4:13; 22:14,15; 25:21 p ro te cts 10:2 provide 9:24; 20:7 p u rch aser 24:12 p u rch asin g 12:4 purpose 6:22 pu rsu ant 2:20 pu t 18:14; 19 5; 30:16 Q q u e stio n 6:25; 7:3 q u e stio n s 5:14,15; 16:19; 21:18; 30:23,25; 31:1 q u ite 18:20 R reach 31:2 read 27:14; 32:9 real 12:25 really 9:21; 11:1; 12:10; 13:24; 23:9 reason 15:1,2; 22:18 reason ably 26:22 recall 8:3; 10:15; 11:18; 13:23; 14:11; 15:10; 17:17; 19:8; 23:25; 24:3 recen t 21:17 R ece ss 27:1 re c o lle c tio n 19:6 reco rd 5:24; 6:1; 20:24; 27:2 re fe rrin g 21:3 regarding 21:18 relate 20:8 related 17:25; 20:4; 30:17 relates 21:10 relation sh ip 28:8,10,12 r e la tin g 10:2,7; 12:7,12; relays 25:21 re m e m b e r 7:13,15; 15:15; 17:4,7 rem oved 24:3 reo p en 31:8 rep 27:24 rep lacin g 12:22; 13:7,8 R ep orter 2:20 rep resen tative 24:11,16; Sarnoff Deposition Service, Inc. Depo Merge Index 3 Robert B. Kimball 03/1,5/93 26:4 rep resen tatives 24:24; 25:17; 26:17 rep resen ted 5:16,17,18 rep resen tin g 5:22 requ est 31:12 resid en tial 8:15 respon se 31:12 re sp o n sib ility 18:21 retired 6:15 review 6:11 review ing 23:25 Richard 28:19 ride 16:14 rig h t 7:25; 10:7; 21:5; 27118; 30:1 ROBERT 1:21; 2:16; 3:12; 4:3; 5:4; 29:5; 32:0 R obinson 28:25 ro tatin g 18:6 S safe 18:22 safety 11:8; 14:15,18,20,21,22,25; 15:5,7; 17:23,24; 18:2,12,21; 19:6; 30:14 safety/m edical 25:15 Salazar 29:9 sales 7:20,22,23; 24:11,16,23; 25:17,21; 26:4,17; 27:24,25; 28:7 salesm an 27:17 salespeople 28:9 San 19:22,23 Santa 1:23; 2:18; 5:1 Saturday 6:9,9,9 saw 17:25; 19:3,4,5; 30:17 saying 19:25 scoop 25:9 SCOTT 3:20; 16:12 seein g 17:17 select 7:24 se lectin g 8:8; 10:7 selectio n 9:22 sen se 14:22; 18:17 separate 26:4,19,20 se ssio n s 14:10,11 several 13:23 shape 22:10 Shaughnessy 20:14,17; 21-.6,13JI4,15 SHERI 1:25; 2:19 sh ort 16:14 Sh orthand 2:20 signs 17:20 silen ce 31:5 sim ila r 7:2 Sit 25:25 sites 23:18 sittin g 5:21 situ a tio n 10:11 sizes 9:14 sk in 15:25; 16:5 Sligh tly 27:17; 29:1 sm all 8:14; 26:15 so-called 11:7 som ebody 6:21; 16:10; 27:13 so m e th in g 10:4; 11:13; 18:19 so m e tim e 15:9 Som etim es 26:7,12 so p h istica ted 10:6; 12:17 sorry 20:20; 25:4 sort 7:21,25; 14:24; 18:15; 22:2; 28:3 sound 27:15 South 3:0 So u th ern 22:7,8,12; 23:3 speak 22:19 special 17:18 sp ecialists 13:25 sp ecifically 15:15 sp ecificatio n s 12:4,8,12 spend 26:6 spill 10:17 spills 10:12 sp o ken 6:6; 24:23; 25:3,4 ss 32:0 stand ard s 13:9 sta n d p o in t 11:2; 14:21 sta rt 13:6 sta rted 13:8 STATE 32:1,11 stated 8:7; 27:3 STATES 1:1; 2:1 Stay 18:14; 26:8 stayed 18:17,18 staying 18:12; 23:4,6 stories 21:25 Street 3:0 Studies 7:25; 13:15,17,18; 16:8 stu d y 17:5 stu ff 25:21 Subpena 2:20; 31:21 su b sta tio n 10:9 su bstation s 8:17; 14:13 su ed 22:2 Su ite 3:8 sw im m in g 22:1 sw orn 5:6 sy stem 10:3; 12:16; 22:8 T ta k en 2:16; 25:5; 27:1 ta lk 18:2; 21:19; 25:23; 26:21 ta lk ed 16:7; 21:11,13,13,15; 24:18 talkin g 8:21,22; 13:12; 16:24; *21:6 ta n k s 19:3 tape 18:14 taught 13:22,23; 26:16 TAYLOR 3:13 teach 14:10 teach in g 14:12 te c h n ic a l 7:22,24; 11:2, 14:6; 17:9; 25:20,21; 28:12 tech n o lo g y 13:10 te ll 8:10; 18:4 te n 14:9 testified 5:6 testim on y 24:21; 32:12 testin g 18:10,10 Th an ks 5:14 th a t's 8:14; 11:4,7,17,22; 15:7,25; 16:20; 17:3; 18:15; 20:17; 21:8,9,14; 29:21 th e irs 26:21 them selves 30:17 T h e re 's 8:17; 17:24; 18:9 th erein 32:13 th e y 're 23:15 T h ey 've 31:11 th in g 8:1; 14:24; 18:15,16,19; 22:2; 28:3; 30:13 th in g s 12:6,9,10,25; 13:3; 21:23; 26:7; 30:15 th in k 9:20; 12:12,17; 14:9,14; 15:11,12; 17:2; 19:14,16,22; 20:1,20; 24:22; 30:15,22; 31:7 Third 2:17 th o u g h t 10:20; 15:3 th re e 8:13; 11:2; 14:10 tim e 7:6: 9:3; 10:15,25; 11:23; 14:18; 15:13; 16:6; 17:17,20; 22:19,22; 23:5,24; 26:4; 28:7; 29:17; 30:23; 31:22 tim es 19:15; 25:7 today 5:16; 6:4,12 today's 13:9 to g e th e r 12:5,6,7; 14:4; 19:5 told 13:15; 16:8 to o k 21:5 tools 18:18; 22:15 totally 26:19,20 to u r 17:13; 19:10; 26:10 train in g 9:25 tran saction 8:9 transcript 32:12 tra n sfe r 11:3 tran sform er 14:23 transform ers 9:6,8,10,15,17; 10:9; 17:15; 18:10 transm ission 8:16,19,24; 14:6 transm ission-type 8:23 treated 23:12 trial 7:3,6; 30:24; 31:10 trou b le 23:8 tru e 12:9; 32:12 trying 9:19; 19:14; 25.9 T u rn er 27:16 tw ice 11:16; 24:8 two 8:12,13; 14:10; 19:15; 20:14,22; 21:13; 26:15 two-day 26:8 type 9:7; 18:16,19; 30:13 typical 8:9 typically 26:6,13 U U h-huh 10:23; 13:14 u n d ersign ed 32:9 u nd erstand 6:24,25; 31:5 UNITED 1:1; 2:1 usage 14:16 u se 11:6; 19:4; 30:13; 31:9,11 u sed 9:11; 11:7,22; 12:19 u ser 9:13 u sin g 12:20 u sually 9:12; 26:8,15 U tilities 9:16; 10:14; 13:23,25; 22:1 U tility 9:12; 13:24; 14:5 V Vegas 3:3 versu s 5:12 view 31:6 visit 24:16; 26:9; 28:1,1 v isited 7:11,14; 8:1 VS 1:8; 2:0 W w alked 16:11 w ant 25:22; 31:5 w an ted 10:18; 12:11 w arn 23:4,9 w arning 11:24; 20:7; 22:25; 23:3 w arnings 17:20; 22:22,24; 27:4,7,10 w ashing 30:14 w asn't 10:17; 15:2; 23:9 w aste 23:13 W ater 10:16 w a terfro n t 14:4 W ayne 29:7 w e'd 14:4; 28:10 W ell 30:23; 31:14 w e'r e 31:2,4 w e've 24:24; 25:5 w earing 17:18 w eek 6:10; 21:13 w eeken d 22:5 w ell-defined 23:23 w ent 19:10,24; 26:20,21 W est 3:0 WESTINGHOUSE 1:13; 2:9; 5:13; 27:17; 28:9,24; 29:3 W h ereu p on 15:18; 31:24 w h eth er 5:22 w hoever 30:20 w h o le 15:5 w h o se 18:21 w hy 7:8,10; 10:19; 11:7; 26:24 WITNESS 4:2; 5:5,21; 7:9; 16:18, 21:2; 31:16,23 w ondered 25:10 w ord 15:22; 16:3 w ords 7:21 w o rk 8:19; 9:7; 12:5,6; 13:4,16; 18:24; 24:15; 25:17; 27:19 w orked 6:16,19; 9:20; 11:8,23; 12:7; 18:5,7,23; 27:22 w ork in g 9:23; 10:6; 19:8,12,23; 23:24; 28:8,10; 29:17 w orks 27:23 w o u ld n 't 18:13; 25:19 w rite 12:8 w ron g 15:4; 19:24 w rote 12:11; 21:7 Y y22e:a2h1 12:12; 20:17; 21:21; years 7:11; 8:2; 11:17; Sarnofif D eposition Service, In c. Depo-Merge Index 4 Rpl^rt B. Kimball 12:20; 13:12; 21:17 Yo 28:17 Y o rk 19:2 y o u 'd 18:6 y o u 're 20:16; 25:14 Y ou 've 16:2; 21:23; 27:3 03/15/93 Samoff Deposition Service, Inc. Depo Merge Index 5