Document Zng5rvJVLx7GxQKRbMRGVoRXV

TENNESSEE GAS PIPELINE COMPANY Multi-PageTM NORMAN T. JOHNSON, VOLUME II VS. MONSANTO COMPANY 08-23-95 COMMONWEALTH OF KENTUCKY ROWAN CIRCUIT COURT CIVIL BRANCH 250 TENNESSEE GAS PIPELINE COMPANY, ) Plaintiff, ) ) VS. ) ) MONSANTO COMPANY, ) ) Defendant. ) ) No. 94-C1-90145 VOLUME II, Pages 250 through 373 The continued deposition of NORMAN T. JOHNSON, taken before ELLEN M. WILLIAMS, C.S.R., Notary Public, at The Sheridan Suites Hotel, 121 North West Point Road, The Board Room, in the Village of Elk Grove, Cook County, Illinois, commencing at 9:35 o'clock a.m., on the 23rd day of August, 1995. ELLEN WILLIAMS & ASSOCIATES, LTD. (312) 704-5250 WATER PCB-SD0000044404 1 ;n5v. ;;: WATER PCB-SD0000044405 TENNESSEE GAS PIPELINE COMPANY VS. MONSANTO COMPANY APPEARANCES: HEDLUND. HANLEY & JOHN (Sean Toww. Suite 5700 Chicago. Illinois 60606). by: mrTkevtn B. DUFF, On bohalf of the Plaintiff; SMITH. HELMS. MULLISS & MOORE, L.LP. (227 North TiyoB Street Charlotte, North Carolina 28202). by: MR. ROLLY L. CHAMBERS, Ob behalf of the De/bndant ALSO PRESENT: Mr. Tony Kuppennaa. A-l Legal Video 10 1112 13 1I1S45 17 18 19 20 22 23 24 Page 251 INDEX Page 252 Multi-PageTM WITNESS PAGE NORMAN T. JOHNSON Examination Resumed by Mr. Duff 253 EXHIBITS 8 JOHNSON PLAINTIFF'S EXHIBIT 9 No. 63 10 No. 64 11 No. 65 12 No. 66 13 No. 67 14 No. 68 15 No. 69 16 No. 70 17 No. 71 IS No. 72 19 No. 73 MARKEDI 254 262 266 276 292 294 298 306 313 319 338 20 21 22 23 24 Page 253 THE VIDEOGRAPHER: This will be the start of pi Tape Number 5 on August 23, 1995. pi (Witness previously sworn) hi NORMAN T. JOHNSON, hi the witness at the time of recess, having been hi previously sworn, was examined and testified further as m follows: hi EXAMINATION [Resumed] pi BY MR. DUFF: 110) Q. Good morning, Mr. Johnson. How are you doing im this morning? 112) A. I'm here. That's all I can tell you. ini Q. I just wanted to review with you, this is -- im we're resuming your deposition today, continuing your mi deposition from yesterday. Do you understand that pei you're still under oath today? im A. Yes. ui Q. Yesterday afternoon we were talking about a mi February 9, 1970 pollution letter that was sent out to 1201 some of your customers, do you recall that? NORMAN T. JOHNSON, VOLUME II 08-23-95 i2n A. Let me pull it out again. in Q. For your reference, this letter was marked m previously as Plaintiff's 22. imi A. Yes. The one sent out by Don Olson? Page 254 m Q. That's correct. Do you have it in front of )2) you? pi A. Yes, I do. hi MR. DUFF: I'd like to have marked as the next pi exhibit Number 63. hi (Whereupon, Plaintiff's Exhibit 63 pi was marked for identification) i.i BY MR. DUFF: pi Q. And I'm providing a copy to counsel, uoi This is a group exhibit. There are five im stapled documents -- five individually stapled documents m that I've grouped together here. Do you see that all ii3i five of these documents have the heading Functional ihi Fluids at the top? ii5i A. Yes. H6i MR. DUFF: For the record, these documents in bear production numbers TRAN 0034240 throu^i 42 -- I'm mi sorry through, 43; TRAN 022346 through 47, TRAN 004266 m through 67, and TRAN 024996. And I believe -- just so poi the record is clear, I believe I lumped the first two pii documents together, so I'll just make that clear. The 1221 first document is TRAN 003240 through 41, and the second i23i document in this group is TRAN 003242 through 43. m BY MR. DUFF: Page 255 in Q. Would you take a moment to look through these pi documents? pi A. Okay. hi Q. Are these drafts of the February 9, 1970 i5i letter? hi A. I would believe so. pi Q. And having perused these documents, do you hi see any documents that contain your handwriting in pi Exhibit - Plaintiff's Exhibit 63? iioi A. No. mi Q. Do you recognize any of the handwriting on 1121 any of these documents in Plaintiff's Exhibit 63? ini A. No. Oh, boy. ihi Q. Do you recall who participated in drafting mi the February 9, 1970 pollution letter? ihi A. Well, obviously Don Olson was involved. I im don't know if Howard Bergen was involved in reviewing ni the letter. There may have been other people, but those )19) would be the two that I would think would have been poi involved. I'm not sure Don Olson was still around, or ph maybe it was Tom Gossage. ELLEN WILLIAMS & ASSOCIATES, LTD. (312) 704-5250 Page 251 - Page 255 WATER PCB-SD0000044406 NORMAN T. JOHNSON, VOLUME II 08-23-95 i22i Q. Do you see that Mr. Olson in fact signed the mi February 9, 1970 letter? That's in -- Plaintiff's 22 m shows that, I believe. Do you see that? A. Yes. Page 256 .pi Q. And do you recall any of the preparation that m was undertaken before this letter was sent out? hi MR. CHAMBERS: Object to the form. The term m "preparation" is vague and ambiguous. is, THE WITNESS: I'm sure there was preparation, m but I don't - you know, I don't remember the details, m Obviously somebody would have to help the writer to is) define the specific products that were involved and the hoi details of the chlorinated biphenyls that were contained mi in those products, but I don't remember the discussions. ,i2, BY MR. DUFF: tug Q. Do you recall anyone else who would have been mi shown this letter? im A. Unless it went to the legal department maybe, no I don't know. ini Q. Do you recall who at the legal department ns, this letter went to? ii9i A. No. IM, Q. Do you recall anybody in the legal department pi, who was responsible for overseeing notification of mi customers? 123] MR. CHAMBERS: Object. That question has been p4| asked and answered yesterday. Mr. Johnson testified Page 257 m that he was responsible for getting this letter out to pi customers. pi MR. DUFF: You may answer. i4i THE WITNESS: I don't remember who would have cs, reviewed it in the legal department if they did it. m Don't remember. BY MR. DUFF: Q. You may set that or those exhibits aside for ,9, now. uoi I would like to show you now what has mi been previously marked as Plaintiff's Exhibit 23, and I mi have a copy for counsel, mi Mr. Johnson, this is a letter ~ a single iw page letter dated June 11, 1970 that is signed by you ns, and it bears production number TNGS 009102. Are you the mi author of this document? ini A. Yes. [is, Q. And what is this document? U9i A. From what I gather, we were advising the mi customer that we were changing the formulations on the mi products that included Pydraul 625 AC, AC Winter Grade mi and Pydraul 540, and Multi-PageTMTENNESSEE GAS PIPELINE COMPANY VS. MONSANTO COMPANY we had the new designations for mi each one of those products by adding the letter A, and mi we stated to the customers what our inventory position Page 258 m was and that we weren't going to make any new pi material -- or any old material anymore, and if they had pi any problems to contact their local representative or w contact the people in St. Louis. is Q. And were the new formulations in fact isi available at the time this letter was sent out? (7, A. Did the formulation exist or did inventory m exist? pi Q. Were the new formulations available at die uoi time that the -- this particular letter went out on June mi 11, 1970? im THE WITNESS: It states - ns, MR. CHAMBERS: Object to the form. You're ini entitled to have that question clarified if" you need to mi have it clarified. ,161 THE WITNESS: Well, the third line in the ini second paragraph says "New formulations have now been m, developed and tested," and I would assume at that point ii9i we had already initiated manufacturing at the Queeny poi plant. pi, BY MR. DUFF: mi Q. In fact, new manufacturing had been initiated mi at the Queeny plant at that point, isn't that true? i24i A. That I don't know. I don't remember if on Page 259 m June 11th we had started to make the new products or pi they were in the ipeline to be manufactured. I don't pi now. [4i Q. And in this letter you advised - well, who pi received this letter? (6, A. The customers of those products. pi Q. Do you know that those customers in fact pi received the letter, or is it your understanding that p, the customers of these products were mailed this letter? no, A. They were mailed the letter. mi Q. You don't know if- the customers in fact ini received the letter, is that correct? H3| A. We relied on the United States Post Office |!4| that they deliver the mail, and therefore we believe the hsi customers received the information. ns, Q.- And that's because you -- it's your mi understanding that this letter was in fact mailed to mi those customers, is that correct? ip, MR. CHAMBERS: Object to the form. That's i2oi been asked and answered. I would request counsel not to ph unduly burden this witness with repetitive Page 255 - Page 259 ELLEN WILLIAMS & ASSOCIATES, LTD. (312) 704-5250 WATER PCB-SD0000044407 TENNESSEE GAS PIPELINE COMPANY VS. MONSANTO COMPANY questions, ra You're welcome to repeat your previous response for him. ,23, THE WITNESS: We relied on the sales analysis p4i information we had, and to those customers we mailed Multi-PageTM in this letter. Page 260 ,2, BY MR. DUFF: pi Q. And did you tell your Pydraul AC customers in m this letter that the new formulations for Pydraul AC m were completely compatible with the old formulations? [6i A. That's what it says here, the last line of [?i the second paragraph. pi Q. And by that did you mean that the new pi formulations could be added right on top of the old mi formulations? ini A. Yes. [i2i Q. And directing your attention to the third mi paragraph, you intended that the existing inventory of m Monsanto for PCB-containing Pydrauls would be depleted mi before the new formulations would be sent out; isn't m, that correct? [i7i A. I would say at the point of time that this [i8i letter was written, we had very, very little inventory mi in existence because our manufacturing people were told [2oi in advance that we did not want to produce any of the pu old product based on the work that had come out of pa research, and our pump testing said we had a replacement p3i product. So even though it was stated in the next 90 P4| days, we had stopped delivering to warehouses around the Page 261 in country many weeks before. On every one of our pi products, as a replacement product came out and we knew pi it was on its way, we might have stopped shipping to [4] warehousing 180 days before the product came out and pi only shipped from St. Louis. [6i Q. But you intended that the inventory that was pi in the warehouses would be depleted before the new pi formulations would be sold, isn't that correct? ,9] A. If there was inventory in a warehouse in poi North Carolina, that might be shipped even though the mi new formulations may exist in St. Louis. If the [pi inventory was depleted, we shipped directly from St. mi Louis. ,14] Q. Are you saying that if the inventory was iui deleted in St. Louis then you would have shipped the mu new formulations? [i7iA. Absolutely. And the inventory was probably mi depleted in St. Louis two months before this memo was mi written or letter was written. NORMAN T. JOHNSON, VOLUME H __ 08-23-95 Pol Q. Do you know that to be true in fact or are pu you assuming that? [22) A. I know we were in the bind, that there were mi some customers who placed orders during this period of [24] time for which we did not have manufactured product to Page 262 in supply, and we had to contact the customer and say we pi will be manufacturing the new product in the plant pi within the next two weeks. So we had back-orders for hi supplying the new products because we had exhausted the m old. [6] Q. Did you use the same mailing list to send [7i this letter out as you had for the February 9, 1970 m letter? [9i A. I'm sure. It was the best we had. [io] Q. Do you know who helped you to prepare this im June 11, 1970 letter? ini MR. CHAMBERS: Object to the form. It's vague (i3[ and ambiguous. 1,4, THE WITNESS: I don't know if anybody helped mi me to put it together. [i6i MR. DUFF: I'd like to have marked as Exhibit in, 64 -- mi (Whereupon, Plaintiff's Exhibit 64 mi was marked for identification) mi MR. DUFF: -- which I'm also providing to mi counsel of another copy of the June 11, 1970 letter that mi we just looked at that was marked previously as mi Plaintiff's Exhibit 23. This is a two-page document, mi The letter -- the June 11, 1970 letter has a one-page Page 263 in attachment, and this document bears production number pi TRAN 009522 through 23. ,3, BY MR. DUFF: hi Q. This is in fact a copy of the same letter pi that was marked as Exhibit 23, isn't that correct? [6, A. Yes. Pi Q. Except in this instance there is an m attachment, is that correct? 19] A. Yes. uoi Q. What is the attachment to this letter? It's mi a page titled Monsanto Company Regional Sales Offices. ini A. Correct. It referred to the regional offices [mi that we had as a fluids group around the country. [hi Q. And does the fact that this page is attached mi to the June 11, 1970 letter have any significance to mi you? in] A. Other than if customers receiving the letter m, wanted to contact somebody who would be knowledgeable mi about these products, that this is where we had regional ELLEN WILLIAMS & ASSOCIATES, LTD. (312) 704-5250 Page 259 - Page 263 WATER PCB-SD0000044408 NORMAN T. JOHNSON, VOLUME II 08-23-95 [mi managers or salesmen who could assist them. mi Q. Is it your understanding that this second m page was attached to the June 11, 1970 letter when it mi was sent out? i24[ A. I don't remember. I have no way of knowing. Page 264 in Q. You may set that document aside as well, pi I'd like to show you a document that has pi been previously marked as Plaintiff's Exhibit 24, an hi August 27, 1970 letter which is a single page letter and [si is signed by you. [A A. Yes. i7i Q. Bearing production number TNGS 008965, and m I'm also providing a copy to counsel, w Mr. Johnson, are you the author of this poi letter? mi A. It says so. mi Q. Is that your signature at the bottom? lot A. Yes. imi Q. And what is this document? mi A. This is the follow-up progression of Pei replacing products in the marketplace. So in this case tin F-9 had contained PCBs, so now we were notifying all the psi customers that Pydraul F-9 had been changed to a new A psi formulation. [2oi Q. Did this letter only go to your Pydraul F-9 pu customers? [22[ A. I would believe so. pi Q. And would that have been only the. customers m that purchased Pydraul F-9 who were in the mailing -- Page 265 in who appear on the mailing list that we have referred to m as the pollution letter mailing list? pi A. That was generated over the sales for three mi years, yes. pi Q. Did you prepare any letters to be sent out by w your distributors to their customers? And for time pi frame I'm talking about the period in 1970. pi A. Since Pydraul AC was going through (9i distributors, this kind of a letter we would make a poi point of attaching maybe 15 copies of the letter and mi sending it to the locale of that distributor and have im them forward it to their customers. I don't remember psi any customers who bought through a distributor for imi Pydraul F-9. AC was the biggest product that went mi through the oil companies. [mi Q. I'd like you instead of concentrating on the [i7| specific documents in front of you. I'm asking in psi general do you recall m 1970 if you helped to prepare mi or if you drafted any letters that you intended for your mi distributors to send out to their customers? Multi-PageTMTENNESSEE GAS PIPELINE COMPANY VS. MONSANTO COMPANY pii MR. CHAMBERS: Object to the form. That's cal been asked and answered. [23] THE WITNESS: They received copies of this [24i letter and with probably a cover letter that said we Page 266 in would request that you send this letter to all of your pi customers. And in the case of F-9, we really didn't pi have to my knowledge any distributor on F-9. We had hi primarily distributors on Pydraul AC. [3] MR. DUFF: I'd like to have marked as Exhibit [6i 65 -- m (Whereupon, Plaintiff's Exhibit 65 m was marked for identification) pi MR. DUFF: -- a copy of which I'm also hoi providing to counsel for Monsanto, a document which is im titled Suggested Letter from Distributor to Aroclor mi Customers and bears production number TRAN 013692. mi BY MR. DUFF: imi Q. Have you had an opportunity to review this psi document, Mr. Johnson? p6i A. Yes. P7[ Q. And do you recognize this document? [is] A. No. It wasn't sent out by our group. psi Q. And by "our group" you mean the functional poi fluids group? pii A. Right. mi Q. And do you know which group this letter was mi sent out by? mi A. By the Plasticizer. Page 267 in Q. Did the Plasticizer group -- is it your pi understanding that the Plasticizer group sent a letter pi out to their distributors for them to distribute to hi their customers? [3] A. They would have operated in the same hi mechanism in that they would have sent this out to pi customers and then they would have sent additional m copies to the distributors for forwarding to their pi customers. poi Q. Was there an effort to coordinate the method pm by which the functional fluids group notified its mi customers of the pollution problem associated with PCB mi and the functional fluids group? im] MR. DUFF: Could you read that question back? p3i (Question read) P6, BY MR. DUFF: ini Q. Do you understand the question, Mr. Brad -- psi excuse me. mi Do you understand the question, 1201 Mr. Johnson? 1211 MR. CHAMBERS: I object to the form of the 1=1 question. mi BY MR. DUFF: i24i Q. Let me rephrase the question for you. Page 263 - Page 267 ELLEN WILLIAMS & ASSOCIATES, LTD. (312) 704-5250 ................................................. ....... ... ...... WATER PCB-SD0000044409 TENNESSEE GAS PIPELINE COMPANY VS. MONSANTO COMPANY Page 268 in Was there an effort to coordinate the pi method by which the Plasticizer group and the functional pi fluid group notified their customers of the pollution hi aspects of PCBs? [si A. I believe there was, and I believe the timing m was probably the same. pi Q. And what do you recall about the efforts to pi coordinate this method of notification? pi A. I don't ever remember a meeting on it. We iioi were located on the same floor, and so I would believe mi that we'd walk down and tell them we're going to send mi out our mailing on such and such a date and that mi we've -- they knew we had a mailing list, and then they mi had their own mailing list, and they would be prepared mi to send it out almost simultaneously. Now, we did not mi write their letter. This is their letter. ini Q. Did you intend that notification of Monsanto nsi customers would be uniform? [i9i A. As best we could. Multi-PageTM NORMAN T. JOHNSON, VOLUME H 08-23-95 who oversaw the notification of Page 270 m Plasticizer customers of the pollution aspects of PCBs 121 in 1970? pi A. At the time this was done it was probably m done by Cuming Paton. in Q. Again I'll ask for your indulgence. I may pi have asked you this question yesterday, pi Do you recall any discussions with pi Mr. Paton related to notifying the customers of your m respective products in 1970? ' iioi A. No, I don't -- I'm sure we may have had mi discussions, but I don't remember any details of any [121 discussion or when it took place or whatever. We were mi trying to coordinate our efforts. ii4i Q. You may set that document aside, mi I'd like to shift away from the pq notification of customers. I'm not asking you can be mi mindful of that, but I'd like to now talk about the nsi reformulation of the Pydraul products, okay? H9i A. Right. po] Q. And by "customers" do you understand I mean pn all customers of PCB-containing fluids? 1201 Q. Was there a committee that was formed to mi oversee the reformulation of Pydraul products? mi A. This does not refer to PCB-containing fluids, pi This refers to Aroclors. [24i Q. I understand that. For this particular m document Page 269 pi A. That's the one I'm looking at. pi Q. I'm not -- for the moment I'm not requesting m that you be looking at that document. I'm asking what m you recall generally about the efforts to notify m Monsanto's customers of the PCB problem. Do you pi understand that? pi A. The Plasticizer group was discontinuing their pi products, and we were discontinuing our products that mi contained 1254 and/or 1260 chlorinated biphenyls. 1221 A. No. mi Q. Was there a specific group that was 124) responsible for that? m A. The people in research. Page 271 pi Q. Who in research would have been, responsible pi for the reformulation of Pydraul products? Hi A. Bill Richards, Dr. Bill Richards; Lou Stark, pi I believe a fellow named Duane Fowlkes. And on the m existing Pydrauls, that would have been the group m followed by Dr. John Herber who was working on the pi development of the phosphate ester. [9j Q. The first time that Pydrauls were nq reformulated was when you moved to a PCB -- I'm sorry, a mi PCT-based fluid; is that correct? mi Q. Was there an effort to coordinate the message mi that was being given to the salesmen of all mi PCB-containing products at this time? mi A. Within reason, yes. (121 A. Correct. ii3] Q. Was there a committee that was formed to nq oversee the transition of your customers from the nsi PCB-based fluid to the PCT-based Pydraul fluid? ini Q. So that the advice that, for instance, you pel gave to functional fluids salesmen mi A. Right. nsi Q. -- was consistent with the advice that would nq have been given to Plasticizer salesmen, is that [201 correct? pn A. Correct. 1221 Q. I may have asked you this tomorrow so - I'm pi sorry, yesterday, so I apologize if this is repetitive, 1241 but do you recall mi A. Nothing more than the fact that we all worked mi for Howard Bergen or we worked for Don Olson, and so any nsi coordination that may have existed would have been mi through those two people. mi Q. What was your role in assuring the smooth i2i) transition or conversion, if you will, of your customers 1221 from the PCB-containing fluid to the PCT-containing pi Pydraul fluids? mi A. Well, I was marketing manager responsible for ELLEN WILLIAMS & ASSOCIATES, LTD. (312) 704-5250 Page 268 - Page 271 WATER PCB-SD0000044410 NORMAN T. JOHNSON, VOLUME H 08-23-95 Page 272 id the Pydraul products, and I had the salesmen out in the pi field who were the ones to be contacting customers or pi talking with customers or handling problems, and I had a hi product group of a couple of people to assist in the m whole transition, but basically we worked directly with iq research and then through our own group and then to the m customer in the field. is] Q. And how did you work with your salesmen in m the field to transition your customers from the hoi PCB-containing fluids to the PCT-containing fluids? mi A. If I was in St. Louis, I spent an .enormous mi time on the telephone talking with salesmenJ'If I was mi out in the field, I was making calls with them on pq various customers. There was a period of time I [i5i traveled six straight weeks. lie] Q. And what were the -- what was the nature of im the conversations you would have with your salesmen? ii8( A. To talk about the transition and what we were mi doing and what was happening to-- the higher chlorinated poi biphenyls and how we were reformulating down to pn terphenyls "and lower chlorinated biphenyls, what the pq transition had been in pump testing, had we talked to pq Factory Mutual, did we have approval on the products; pq all through the discussion to include what did we have ; Page 273 hi in warehouses, when were we going to manufacture this pi product or that product and what was the inventory of pi the new materials. hi Q. And how did you work with your salesmen by m making calls to ensure that the transition went m smoothly? pi A. Called on major customers with them. . . Q. Do you recall which major customers u went pi on such calls? [io[ A. Probably to many of the General Motors ini locations, many of the steel mills, Johnson Motors, mi McCulloch out on the west coast. When I was in a given mi geographical area, we would try and contact as many of mi the customers using Pydrauls as possible. [pi Q. And did you visit these particular customers pq because of the volume of the sales that they have mi represented? ns) A. Not necessarily. If you went into a given [i9| area like Detroit, you would end up going to General pq Motors; but then there were other consumers of Pydraul pn in the area, and if time permitted and you had two or m three days to do it, you'd go around and see everybody m that was there. pq Q. Did you make any such visits to Multi-PageTMTENNESSEE GAS PIPELINE COMPANY VS. MONSANTO COMPANY Tennessee hi Gas? Page 274 pi A. No, I did not. That was handled by Dale pi Smith and Roger Hatton. hi Q. Do you recall if Dale Smith and Roger Hatton pi had such a meeting with Tennessee Gas? pi A. I don't remember. p] Q. But it's your understanding that Dale Smith is] and Roger Hatton would have been responsible for making pi contact with Tennessee Gas in the context of the nq transition from PCB to PCT-containing fluids? mi A. Any gas line company was handled on a direct mi basis from St. Louis to the home office of the ipi appropriate people within the company. pq MR. DUFF: Move to strike as nonresponsive. ipi Would you please read the question back pq to the witness? pn (Question read) ipi THE WITNESS: Yes. pq BY MR. DUFF: pq Q. You said that you also worked with your pn product group to ensure that the transition of your in customers from PCB to PCT-containing fluids was smooth, mi is that correct? pq A. Yes. Page 275 hi Q. And how did you do that? pi A. Verbal communications. 131 Q. What did you discuss with them? hi A. Well, they had access to the same information pi that I had, what our inventory position was, what we had pi in warehouses, where we didn't have any material anymore m and we were formulating to the new products, what orders iq were in-house, what priority we would give to each one pi of the orders, who would we ship first, second, third so poi that we would get it out there; maybe conversations with mi the salesmen to leam if the customer still had pq inventory could he still run for another two weeks ipi before he needed replacement products, pq Obviously we were not interested in pq shutting down any customer. Our obligation was to try pq and make a very smooth transition so that anybody who pq required fluid immediately was given some priority, mi because m many cases inventories on products didn't mi exist of the old materials. [20] Q. And these were all discussions that you had pn with the product group, is that correct? mi A. Oh, constantly. You know, where do we stand mi on pump tests, where do we Page 272 - Page 275 ELLEN WILLIAMS & ASSOCIATES, LTD. (312) 704-5250 WATER PCB-SD0000044411 TENNESSEE GAS PIPELINE COMPANY Multi-PageTM NORMAN T. JOHNSON, VOLUME n VS. MONSANTO COMPANY ......................... 08-23-95 stand on various other things m so that the next step could be made to eliminate the Page 276 m next generation of Pydrauls and switch them over to the pi terphenyl. pi Q. And who was in the product group that was hi responsible for the transition at this time? isi A. I don't think anybody in the product group [6i was responsible for the transition other than myself and m coordination with research to know when did they have m enough performance data on a product so they could go m ahead and turn die product over to the plant for noi manufacture. mi MR. DUFF: I'd like to show you a document mi that I'll have marked as Exhibit 66. mi (Whereupon, Plaintiffs Exhibit 66 mi was marked for identification) [isi MR. DUFF: And I'll provide a copy to counsel mi for Monsanto as well, mi Inis is a document dated December 11, mi 1969 and it is from D. A. Olson to H. S. Bergen and [isi copied to P. G. Benignus, J. R. Fallon ana N. T. Johnson mi and bears production number TNGS 008700 through 01. 1 p,i BY MR. DUFF: mi Q. Mr. Johnson, have you had an opportunity to pi review this document? as well, pi is that correct? pi A. Well, nobody else sold formulated products pi except us. The Plasticizer group sold 1254 and 1260 per Page 278 m se, and you saw this letter that was produced earlier pi suggesting that the Plasticizer group was ceasing the pi sales of Aroclor 1254 and 1260. hi Q. And by "this letter" you're referring to what [si exhibit number? pi A. This letter, TRANS 013692. pi Q. What was that - what is the exhibit number w marked on the sticker at the bottom of the page? isi A. It says Exhibit 65 I guess 1C, IC? [101 MR. DUFF: That's Exhibit 65, for the record. mi BY MR. DUFF: ini Q. Directing your attention to Plaintiff's ini Exhibit 66, the document that I just had marked for you, mi the December 11, 1969 memo of Mr. Olson. Do you see on psi the second page where there's a section titled ii6i Industrial? iiTi A. Yes. [ui Q. Is it your understanding that this section psi relates to the products for which you were responsible poi at this time? P4i A. No, I will. . pii A. Yes. Page 277 ( in Q. Please take as much time as you need. 1221 Q. And as of December 11, 1969, were you pi considering more than one approach to take for mi reformulating Pydrauls? A. Okay. Have you had an opportunity to view this hi document? pi A. Yes. [6] Q. And what is this document? pi A. Obviously it was a document created by the pi director of marketing and he was sending it to the pi business director, Howard Bergen, and it was a status on poi polychlorinated biphenyls at this point in time. mi Q. In fact, this was the action plan for your [i2i product group at this time; isn't that correct? [ui A. For my group? Well, it's rather brief [i4i because it's only referring to the 1254 and 1260 mi Aroclors and the reformulation of those products [i6i specifically. A. Yes. Page 279 pi Q. And what were those approaches that you were p> considering? hi A. Well, the approach to find initially was to isi go to the terphenyl; and at the end of the paper we talk pi about the trial quantities of new phosphate ester to be m produced by January 19, 1970; the proposed Field test, pi the commercial development by 1970, and that these isi esters could replace Pydraul AC, AC Winter Grade, 625, [ioi and only Pydraul 540 can be replaced with a reformulated mi product. mi Q. So as of December 11, 1969 phosphate esters mi were planned to be available for Pydraul AC customers by imi April 1, 1970; is that correct? H5i A. Well, that's what the memo suggests. mi Q. Was this - does this document represent the mi action plan for discontinuing the sales of Aroclor 1254 mi l... and 1260 in the industrial fluids product group? U6i Q. Is that correct? mi A. Did we make it, no. mi Q. No, I'm asking if that was the plan at that noi time? mi A. Yes. pii Q. In addition to other product groups poi A. Well, obviously it's stated that that is the pii plan; but did we make it, no. ELLEN WILLIAMS & ASSOCIATES, LTD. (312)704-5250 Page 275 - Page 279 WATER PCB-SD0000044412 NORMAN T. JOHNSON, VOLUME H 08-23-95 ini Q. In fact, phosphate esters were not used to [23i replace the PCBs or PCTs in Pydraul products until 1971, m isn't that correct? Page 280 m A. We did not have a plant to make this roduct. pi It was a dream. We didn't even ave raw materials to oi make the phosphate ester because the coal industry along hi with the steel industry had essentially shut down on m coking ovens. So there were no cresols available. You m had to go find another type of phosphate ester that m would have the fire resistance and be available to make hi replacement products. pi Q. As of the date of this document that's been mi marked as Exhibit 66, there was a plan to offer mi phosphate esters in replacement for Pydraul AC mi commercially on April 1, 1970 if the tests were [i3i successful; isn't that correct? [mi A. That's what it says. [j5i Q. Was a decision made to reformulate with iiq terphenyls first and with phosphate ~ strike that, mi Was a decision made to choose [ii reformulation with terphenyls over reformulation with mi phosphate esters? mi A. No. pm Q. Why is it that terphenyls were in fact --1221 strike that, mi Were terphenyls used to reformulate 1211 Pydrauls before phosphate esters were used? Page 281 in A. Some of our products already contained pi phosphate esters, the old products. The thought that pi was presented to us is to go to the terphenyf as a hi suitable way of maintaining fire resistance and is) satisfying the needs of the customers. At the same time hi there was a desire to produce phosphate esters in large [7i enough quantities to supply the fluids group, but the m raw materials in the United States were not available so pi we could not have manufactured TCP, MDP, a number of mi other phosphate esters that we needed because the mi cresylic acid was not available. They attempted to buy 1121 cresols from England who were still doing a lot of [i3| colang. We could not get a sufficient supply, mi So the decision was made to look at new mi types of phosphate esters that would have the physical mi characteristics that we would need to manufacture these mi fluids at various viscosity grades, and we did not have mi a plant to produce them, ns) Q. So a decision was made to go with the pci terphenyls at that time rather than the phosphate [211 esters, is that correct? mi A. No, no, no, I disagree. The terphenyls were mi presented as a logical alternative, and as we got into mi the products, the recognition that there were still Multi-PageTMTENNESSEE GAS PIPELINE COMPANY VS. MONSANTO COMPANY Page 282 m minute quantities of biphenyls present in the (2i terphenyls, therefore the terphenyl solution was not a pi good one and would only be an interim step until we hi could start to manufacture raw materials to make isi phosphate ester-type fluids. f i6( Q. And when did you realize that you were not m going to be able to pursue the phosphate ester approach? ii A. No, no, no. We knew we were going to pursue m the phosphate ester approach. t 1101 Q. Let me rephrase the question, mi When did you realize that you were not 1121 going to be able to pursue the phosphate ester approach mi before the -- or in - strike mat. mi When did you realize that you were going mi to have to use terphenyls as an interim solution for mi replacement of PCBs with phosphate esters? [i7[ A. You have the cart before the horse, mi We went with terphenyls and then mi recognized that terphenyls were not going to solve the mi problem and then immediately went to looking for various mi phosphate esters to produce a straight phosphate ester mi product. mi Q. At the time that the decision was made to use 1241 terphenyls to reformulate the PCB-containing products. Page 283 in did you realize that terphenyls had some quantity of m PCBs in them? oi A. I did not. hi Q. When did you first realize that? isi A. The day Bill Richards came over and pounded mi on my desk and said we failed. We have to go to a m straight phosphate ester. isi Q. And when did he do that? pi A. Oh, God, I don't know the timing. It hoi probably was sometime here in late '69 or early 1970. mi Q. Was it before the February 9, 1970 letter had mi gone out? U3i A. I don't know. Communications were normally [hi very good within our company, but you also have to mi understand -- have to understand research people sit mi there and they analyze things and analyze things, and mi once they have it clear in their mind as to what the mi problem is, that's when they come over and tell us. mi It could have been that Bill Richards [201 recognized the problem a couple of months before he ever [211 came over and said, well, it is just not going to work, 1221 and we have to go ahead with the phosphate ester mi program, and this would then only be an interim step and mi that we could at some point start talking to customers Page 279 - Page 283 ELLEN WILLIAMS & ASSOCIATES, LTD. (312) 704-5250 T..................... ....... .......................................................... .............................. WATER PCB-SD0000044413 TENNESSEE GAS PIPELINE COMPANY VS. MONSANTO COMPANY Page 284 in that this interim step would be followed by the (2i development of a phosphate ester fluid. or Q. Was Mr. -- I'm sorry, was Dr. Richard located w in a different building than you were located? i5i A. Yes. (A Q. What building was he located in? |7( A. Oh, God. I think maybe the W Building or (si something over in the research complex. i9( Q. Was that the research and development hoi building? mi A. That whole segment of buildings. They had mi different letter designations, but the building must ti3i have been at least a block and a half long. ii4i Q. And was that near to the building that you (i5i were located in? lie) A. About three blocks. ini Q. Do you see under the Industrial section on mi the second page of Mr. Olson's December 11, 1969 memo? ns] A. Right. 120] Q. Do you see where there's a subsection A mi titled Reformulation Products? (z2( A. Yes. pi] Q. What does it mean when Mr. Olson says (24i "Replacement Pydrauls without Aroclors 1254 and 1260 Multi-Page TM Page 285 in have been formulated and pump tested"? Pi MR. CHAMBERS: Let me object to the form to [3i the extent you're requesting this witness to speculate hi about something that Mr. Olson wrote. Pi THE WITNESS: Well, it says what it says, [6i "Replacement Pydrauls without Aroclor 1254 and 1260 have m been formulated and pump tested." ,S| BY MR. DUFF: 19] Q. Does this mean that replacement Pydrauls iioi without Aroclors 1254 and 1260 were available for mi shipment to customers at this point? [i2i MR. CHAMBERS: Object to the form to the (i3i extent you're asking this witness to speculate about the mi meaning of something that Mr. Olson wrote. ns] THE WITNESS: Well, doesn't the third ii6] paragraph answer it? ,,7, BY MR. DUFF: ns] Q. Is it your understanding that there's meaning mi in the third paragraph which explains the first mi paragraph? PH A. Obviously. mi Q. And what is your understanding? NORMAN T. JOHNSON, VOLUME II 08-23-95 pi A. Well, if all the pump testing was successful, (mi replacement products will be produced early in January. Page 286 hi Customers will be advised of replacement products and pi requested to switch to the new products. July 1 pi customers will be told by letter that the old products hi will be discontinued and no longer produced. (si Q. And do you recall if replacement products for m Pydrauls without Aroclors 1254 and 1260 were in fact m produced in January of 1970? [si A. No, I don't know. I don't remember. (9| Q. Do you see the second paragraph under that mi subsection A titled Reformulation Products? mi A. Yes, I do. ini Q. Do you recall that replacement for Pydraul AC mi was running in a Queeny plant compressor at that time? mi A. Yes, that's where we did run the big test, [i5i yeah. ii6] Q. And do you know if that test was successful? [i7[ A. Ultimately yes, it was. iis) Q. Well, do you see where it says "Performance mi will be checked on December 15th" in this paragraph? i20i A. Yes. pa Q. Do you recall if -- when the performance was m checked on December 15th if it was determined that the mi test had been successful for Pydraul AC? mi A. Yes. Page 287 in Q. And it was in fact successful? hi A. Yes. pi Q. So as of December 15th, 1969 a replacement hi for Pydraul AC without Aroclors 1254 and 1260 had been m formulated and tested; is that correct? (6) A. Yes. [7( Q. What would it take at that point to produce a hi product and get it to a customer? ' [9] A. Material safety data sheets, labels, hoi registration of the product. I don't know what the mi other problems would be, but you just can't stencil on a mi drum and say that's Pydraul AC replacement. You've got H3i a lot of steps after that to comply with all government mi regulations for shipping a product. ns) Q. You just mentioned a few of the things that no you believe would be necessary to do after formulation mi and testing? [is] A. No, those things I know had to be ELLEN WILLIAMS & ASSOCIATES, LTD. (312) 704-5250 Page 284 - Page 287 WATER PCB-SD0000044414 NORMAN T. JOHNSON, VOLUME H 08-23-95 done. [i9i Q. And one of them you said was a material poi safety data sheet? PH A. Sure. pi Q. And was a material safety data sheet required p3i to be filled out at this time? [24i A. I don't remember, but I assume so. Page 288 m Q. Assuming that your assumption is correct that pi an MSDS or material safety data sheet was in fact pi required at this time, what would it have taken to hi prepare an MSDS for Pydraul AC at this time? pi A. Well, there's a question then about toxicity (6i testing, and I suppose there's some other tests that pi have to be evaluated, and I don't remember the details [s[ of what they might be. pi Q. Who would have been responsible for preparing hoi an MSDS for Pydraul AC replacement? ini A. The medical department. (i2( Q. Would that have been Dr. Kelly's mi responsibility? H4[ A. I believe so. [Pi Q. Was toxicity testing performed on all Pydraul [i6[ products before they were supplied to customers? iiT! A. It depends on what you refer to as toxicity [i8| testing. I don't know. [i9i Q. Well, that was your term. What did you mean poi by it when you used it? [2ii A. Well, they may have done some work or (221 contracted with some work to be done. I am not familiar 1231 with it. Once we were given approval to go ahead with a i24i product in a corporation the size of Monsanto, you Page 289 hi recognize that there were other people who would be pi responsible for doing various aspects so that you could pi put it together. hi Q. What is your understanding of toxicity pi testing? hi A. There's a large number of ways for doing pi toxicity testing, and I'm not a doctor and I'm not a isi hygienist and I have no knowledge of what would be pi recommended for a Pydraul product. hoi Q. Do you know how long the toxicity testing ini took? mi A. No, I don't. ip] Q. What were some of the other steps that you (hi said would be required before a [isi A. Labeling.. (i6i Q. - product could be supplied to a customer? Multi-Page^TENNESSEE GAS PIPELINE COMPANY VS. MONSANTO COMPANY in A. Labeling. ns) Q. And who was responsible for labeling at this ipi time? 1201 A. Normally that was the traffic department. pa Q. And who was the head of the traffic 1221 department at that time? i23i A. I don't remember. I don't. i24[ Q. And what else would have been required before Page 290 m a reformulated product could be shipped to customers? pi A. I suppose you've got to register with the pi U.S. Department of Transportation. I don't know the hi details of all the things that - they were all pi designated to various departments within Monsanto so hi that the information would be brought to bear so we m could start shipping the product as soon as we had it m pi production and packaged. , pi Q. Who would have been' responsible for 1101 registering a product with the U.S. Department of mi Transportation at that time? [121 A. Probably the traffic department. ii3i Q- Any other actions that would need to be [hi undertaken prior to sending a reformulated product to a psi customer at this time? . ini A. "Printing of the new label, getting approval (i7j on what the new label, would look like and what (isi information it would contain and then getting it out to ii9| a printer and then getting it produced, and of course poi having it down at the plant at the time that we go into pu production and start filling drums. 1221 Q. Anything else? 1231 A. Oh, I'm sure there were.other things that had p4| to be done, but we had sufficient people I feel in >; Page 291 m Monsanto so that if we needed help from the medical pi department or the traffic department or whatever, we pi could get that assistance. .. hi Q. Who was responsible for ensuring that all the hi steps had been taken prior to sending out a product that hi had been reformulated to the customers? [7i A. Probably research... isi Q. Would that, have been Dr. Richard's i9j responsibility? hoi A. Yes: [in Q. Anybody else's responsibility? [12] A. Well, we obviously in the product group would ini probably be responsible for getting the label produced [hi and getting it approved. We may not be Page 287 - Page 291 ............................ ELLEN WILLIAMS & ASSOCIATES, LTD. (312) 704-5250 1 WATER PCB-SD0000044415 i 0$ ( ( TENNESSEE GAS PIPELINE COMPANY Multi-PageTM VS. MONSANTO COMPANYl : _08-23-95 involved in mi getting it printed, but certainly the details that would mi comply with what the legal department wanted on there, [i7i what the Department of Transportation wanted on there, mi everything had to be coordinated. And then finally with mi full agreement, we'd then go to a printer and say print poi them. pi] Q. Who did Dr. Richard report to at this time? mi A. I believe he reported to Howard Bergen. mi Q. You can set that document aside for the time m being. Page 292 hi Are you familiar with the term tentative 121 process? pi A. Could be. hi Q. What's your understanding of that term? pi A. Well, I relate -- would relate it to a p; chemical process or a chemical reaction where maybe the hi research people say we're going to make the nonyl phenyl pi phosphate, this or that, and obviously they have to do a pi lot of lab work to be sure that you do get a reaction to mi form the product that you want. Sometimes they succeed, mi sometimes they fail. mi Q. Did you participate in formulating the in) tentative process for any Pydraul products? imi A. Absolutely not. ns] Q. Whose responsibility would that have been? lie] A. For the formulation would be research. im Q. And who was in research? Was that mi Dr. Richard? [is] A. Yes. ,20] MR. CHAMBERS: Object to the form. That's mu been asked and answered now about three or four times. pi MR. DUFF: I'd like to show you and have mi marked as Exhibit 67 -- mi (Whereupon, Plaintiff's Exhibit 67 Page 293 in was marked for identification) pi MR. DUFF: - a single page document, a copy Hi of which I'm also providing to counsel for Monsanto, hi which has written at the top "list of Pydrauls to be m reformulated" and bears production number TRAN 004013. is, BY MR. DUFF: 17] Q. Have you had an opportunity to review this hi document, Mr. Johnson? [9] A. Yes. no] Q. Is this your handwriting on this page? NORMAN T. JOHNSON, VOLUME II mi A. Looks like it. ii2i Q. And in fact at the bottom of this page is ii3i that your handwriting that says "from N. Johnson mi 4/23/70"? mi A. No, that's not, and the handwriting at the 6i very top of the - which says "list of Pydrauls to be mi reformulated," that's not my handwriting. nsi Q. Do you recognize the handwriting that you mi just referred to? [20j A- That in the middle of the document, yes- 1211 Q. Whose handwriting is at the bottom of the i22i page where it says "from N. Johnson 4/23/70"? mi A. I don't know. mi Q. And you also -- did you say you also do not Page 294 m recognize the handwriting that says "list of Pydrauls to hi be reformulated"? pi A. The only -- maybe it was Don Olson's or maybe hi it was Tom Gossage, I just don't know. And then the m other in here it says "reform not available yet," I w don't know whose handwriting that was either. pi Q. Is all the other handwriting on this page hi yours? pi A. Yes. hoi Q. And what is this document? mi A. I have no idea other than somebody may have mi said where do we stand on these products, and so I mi recorded the AC 625, AC Winter Grade, F-9, A-200, 540 mi and 280 and indicated that these formulations exist and mi plan to be produced by June '70. And then 150, 135, poi 230, 320, 153, 312 reform not available yet. im MR. DUFF: You may set that document aside. hi I'd like to have marked as Exhibit 68 - nsi (Whereupon, Plaintiff's Exhibit 68 mi was marked for identification) i2ii MR. DUFF: -- a document dated June 4, 1970. mi I'm also providing a copy to counsel for Monsanto. ,23, BY MR. DUFF: mi Q. This is a document prepared by R. M. Kountz, K-O-U-N-T-Z? Page 295 i2i A. Yes. pi Q. And addressed to a list of eight individuals hi and copied to a list of six individuals and is regarding hi minutes of meeting on Aroclor replacement program and hi bears production number TRAN 093167 through 69. pi Mr. Johnson, have you had an opportunity ,si to review this document? ELLEN WILLIAMS & ASSOCIATES, LTD. (312) 704-5250 Page 291 - Page 295 WATER PCB-SD0000044416 NORMAN T. JOHNSON, VOLUME H 08-23-95 pi A. No. Let me look at it. 1.0, MR. CHAMBERS: While the witness is reviewing mi the record. I'd note I'm having difficulty locating this 114 among the documents previously identified by Mr Duff. r:3( THE WITNESS: Oh, boy. (.4, MR. CHAMBERS: Wait. I found it. UK THE WITNESS: Okay, col BY MR. DUFF: (i7j Q. And what is this document, Mr. Johnson? (] A. I'm sure it was Mr. Kountz who was involved iwi in manufacturing and scheduling who was looking at the ]120 time frame to produce cumyl-nonyl phenyl diphenyl pu phosphate, and he's talking about the various facilities ]122 at the Queeny plant that we might have access to to i23i manufacture these products. (Z4i Q. And what is that type of phosphate? " Page 296 m A. It's a phosphate ester that has never been 121 made at this time. pi Q. And why has it never been made? (4i A. Nobody has ever developed a process to make m the cumyl-nonyl phenyl diphenyl phosphate. (si Q. Was this a formulation that only existed in m theory? si A. Yes. (9i Q. And did you attend a meeting on Arocldr hoi replacement on May 27, 1970? mi A. It says I did. (pi Q. Do you recall that meeting? mi A. Not really. It's only 25 years ago. iwi Q. Who was E. D. Malone? ns] A. Oh, boy. I think that E. D. Malone and D. B. inn Redington off the top of my head may have been part-time im manufacturing people assigned from the Queeny plant for mi this project. iwi Q. Do you see on the first page where there's a (201 reference to Aroclor 1242B? pu A. Yes. (22( Q. What is that? (23i A. More highly refined Aroclor 1242. 124] Q. What does the B designate? Multi-PageTMTENNESSEE GAS PIPELINE COMPANY VS. MONSANTO COMPANY (si A. Well, in order to make the cumyl phenyl m diphenyl phosphate you needed the cumyl phenol as a raw i.oj material, which also had never been made. mi Q. Do you see the reference at the bottom of the ]112 second page ~ or toward the second to Aroclor 1242B? |.3] A. Yes. iwi Q. Was Aroclor 1242B ever manufactured? (i5i A. I don't know. iwi Q. Was it ever formulated? UK A. No, that's a straight material. It would (is] have been a more highly distilled 1242. H9i Q. And when you say "more highly distilled," 1201 what do you mean? 1211 A. Probably put it through a second column to ]122 strip out as many of the non-1242 biphenyls, chlorinated 1231 biphenyls in the mixture. (24] Q. Do you see the handwriting on the second m page? Page 298 121 A. Yes. pi Q. Is that your handwriting? 14] A. No. 151 Q. Do you recognize that handwriting? is] A. No. (7i MR. DUFF: You may set that document aside for ibi now. m I'd like to show you a document that I'll uoi have marked as Plaintiff's Exhibit 68 - actually I mi think we're up to 69 at this point. ini MR. CHAMBERS: Appreciate the court reporter mi to help to keep us straight on that. (14] (Whereupon, Plaintiff's Exhibit 69 (i5| was marked for identification) ii6i MR. DUFF: And I'll provide a copy to counsel mi as well for Monsanto. This is a two-page document which (isi is titled on the first page Pydraul Reformulation (i9i Program bearing production numbers TNGS 013070 through ,201 71. 1211 BY MR. DUFF: (22) Q. Mr. Johnson, have you had an opportunity to pi review this document? i=4i A. No. Let me look at it. Okay. Page 297 (u A. Like second generation. (2( Q. What would be the first generation? IK A. The existing product. [4| Q. Do you see the reference on the second page m to cumyl phenol? (6] A. Yes, I do. in Q. What is that? . Page 299 in Q. And what is this document? 121 A. It just says we reformulated the various p Pydraul products and we dropped the use of 1248, 1254, w 1260. The amount of production required for Pydrauls isi would drop accordingly. isi Q. Did you prepare this document? 17] A. No, I did not. Page 295 - Page 299 . ELLEN WILLIAMS & ASSOCIATES, LTD. (312) 704-5250 \ ( WATER PCB-SD0000044417 TENNESSEE GAS PIPELINE COMPANY Multi-PageTM NORMAN T. JOHNSON, VOLUME n VS. MONSANTO COMPANY 08-23-95 in Q. Do you see your handwriting anywhere on the m first page of this document? iioi A. No, I don't. I just see where somebody is mi sending me a note. ii2i Q. Do you see any of your handwriting on the iBi second page of this document? mi A. Could have been. mi Q. Does that look to be your handwriting? us) A. Could be. 151 BY MR. DUFF: pi Q. Who would that be in the manufacturing m department? ni MR. CHAMBERS: If you know. 19, THE WITNESS: It could have been Jim Savage, no, it could have been Bob Kountz. I don't know anymore. mi MR. DUFF: You may set that document aside. mi THE WITNESS: I should have been a handwriting m, expert. in] Q. Directing your attention back to the first ii8i page of the document, what does the note that is written mi to you say on this page? i2o, MR. CHAMBERS: Object to the form to the PH extent you're asking this witness to speculate about the mi meaning of a note that somebody else has written to him. mi Subject to that, go ahead. m, BY MR. DUFF: n4| MR. DUFF: Mr. Johnson, I'm showing you what's mi been previously marked as Plaintiff's Exhibit 7 in this mi case, and I'm providing a copy to counsel for Monsanto, m. For the record, this is a memorandum ns, dated January 3, 1971 from N. T. Johnson to a lengthy mi list of individuals and copied to T. L. Gossage and C. [2oi L. Bradford. It's a two-page document bearing pii production numbers TNGS 006209 through 10. Page 300 in Q. I'm simply asking you if you can I read what m this note says. mi BY MR. DUFF: mi Q. Mr. Johnson, have you had an opportunity to mi review this document? pi A. It says "revised numbers sent to Don Olson." hi Q. And the initials, is that the initial DAO? [si A. Yes. i6| Q. And before that language it actually says ni Norm -? Hi A. Yes. [9] Q. And there's an arrow in front of the name hoi Norm, is that right? mi A. Yes. ti2i Q. Is it your understanding that this document mi was sent to you with this note? i 114, A. Yes, or a copy of the document, yes. ns] Q. Based on your understanding of the operations ni of the functional fluids group at this time, who would mi have prepared a document like this? ii8i A. Probably manufacturing. somebody in Page 302 m A. No, but I'll sure look at it. Okay. pi Q. Did you prepare this document? pi A. Yes. hi Q. And what is this document? pi A. It was sent out to all the salesmen who were ,6, requested to be in St. Louis for the discussion on the m new phosphate esters. is, Q. And when you say "the new phosphate esters," w do you mean the Pydraul products that were reformulated mi to remove all PCBs and PCTs and replace them with mi phosphate esters? U2i A. Yes. [pi Q. When were Pydraul products reformulated to mi use phosphate esters? ii5i A. I don't remember the timing. lie, Q. Was it your understanding that that ini reformulation had occurred as of the date of this memo? 119, Q. Would that have been Dr. Richard? [si A. No, it had not. Pol A. No. He would have been research. PH Q. Would that have been Lou Stark? [22[ MR. CHAMBERS: Objection. Mr. Stark and mi Dr. Richard have both been identified previously as in mi the research department rather than the manufacturing Page 301 { m area, and to the extent we're repeating something that's m already been testified to unnecessarily, I object, and I p, would ask that you not deal with the witness in this hi fashion, please. H9| Q. And what took place at the meeting that took mi place in St. Louis on Januaiy 10th and 11th, 1971? i2i] A. We probably reviewed from various departments mi the chemistry of the products, our manufacturing mi problems to produce the new NC ester and discussion of 1241 customers out there and the products that they purchased Page 303 m which would now be converted over to the phosphate m ester. ELLEN WILLIAMS & ASSOCIATES, LTD. (312) 704-5250 Page 299 - Page 303 WATER PCB-SD0000044418 NORMAN T. JOHNSON, VOLUME H 08-23-95 pi Q. Do you recall this meeting? (4i A. Not really. [si Q. Did you lead this meeting? (si A. Probably. (7i Q. And are the recipients of this memo all isi salesmen? pi A. Salesmen and regional managers, and I would hoi suggest at this point in time that the industrial fluids ini group was now the responsibility of C. L. Bradford, and mi my title had changed to field sales manager. mi Q. And in this memo you listed several accounts mi that you believe may need assistance, is that correct? ns) A. Right. us] Q. And why did you believe that? (i7i A. These were the large customers that we had on mi the various Pydraul products. ii9i Q. And does Tennessee Gas appear on this list? i2o'i A. Tennessee Gas was not a large customer. till Q. Direct your attention to the second page of ra this document in the list of accounts that appears on mi this page, do you see the entity Pedco in Houston? pi A. Yes, I do. m Q. Who was Pedco? Page 304 ra A. I believe they were a distributor for heat pi transfer fluids and may have also distributed some m Pydraul AC out to the platforms in the Gulf. isi Q. And do you also know Pedco as Petroleum m Distributing Company? pi A. I don't remember it as that, but it could isi have been. pi Q. Do you have an understanding as to what a hoi company named Petroleum Distributing Company would have mi done? mi A. Been a distributor. im Q. Just so I'm clear and so the record is clear, mi do you have an understanding that Pedco and Petroleum nq Distributing Company were different companies? [isi A. No, I don't. I don't know. mi Q. Do you know the customers of Pedco? im A. No, I don't. nq Q. Would Pedco have been one of the distributors m that you relied upon to send a pollution letter to your pn customers in February of 1970? mi A. If they were selling our product, we would pi have been in touch with them and asked how many copies p4i of our various letters they would require, and we Multi-PageTMTENNESSEE GAS PIPELINE COMPANY VS. MONSANTO COMPANY would Page 305 m send those down to them and ask them to mail them to pi each one of their customers. I believe Pedco was mainly p[ offshore oil, oil platforms in the Gulf. pi Q. And why did you believe Pedco needed m assistance? pi A. I can't remember. [7i Q. Do you know who was responsible for the Pedco pi account at this time? i9i A. Oh, boy; oh, boy; oh, boy. noi MR. CHAMBERS: Let me object to the form, mi When you say "who was responsible," are you asking which mi salesman, or do you just want the names of everybody who mi had anything to do with the account? [Mi MR. DUFF: You may answer, Mr. Johnson. nq MR. CHAMBERS: If you can understand what he's nq asking, you can answer. ,,7, THE WITNESS: Probably was Don Stegen. . noi BY MR. DUFF: H9i Q. And why is that? [2oi A. Because Don Stegen was located in Houston I pn believe at this time. mi Q. Anybody else? mi A. Well, it also could have been Carl Clay, but m I just don't know in the transition time who was Page 306 in handling that specific account. Carl at one time was pi handling the whole southern part of the United States pj and then we went into the transition, which is indicated hi here, that the paper chemicals group became a part of pi our group, and then Don Stegen was in Houston and would hi have been the individual who I think would have been n responsible for the customer. is, Q. Did you pull together the list of accounts m that you believe needed assistance for the purposes of hoj this memorandum? mi A. I don't know if I did it or it was done by mi Dave Hall or Dale Smith or... I don't remember. nq MR. DUFF: I'd like to have marked as Exhibit ini 70 - mi (Whereupon, Plaintiff's Exhibit 70 mi was marked for identification) ini MR. DUFF: - a copy of which I'm providing to mi counsel for Monsanto, a one-page document which has a m, handwritten title at the top Pydraul Major Customers and mi bears production number TRAN 003213. Page 303 - Page 306 ELLEN WILLIAMS & ASSOCIATES, LTD. (312) 704-5250 i \ ( V WATER PCB-SD0000044419 TENNESSEE GAS PIPELINE COMPANY VS. MONSANTO COMPANY witness with repetitive mi questioning, testimony please. 1201 MR. DUFF: And I would ask that you not coach pn the witness and provide him with die answers that you 1221 hoped he will provide, pi Would you please repeat my last question p-m to the witness? Multi-Page TM m (Question read) Page 315 p, MR. CHAMBERS: And would you please repeat the pi witness' response to that question? m (Portion of record read) is] MR. DUFF: But that was not in response to the pi question that I asked. ,7, BY MR. DUFF: pi Q. So, Mr. Johnson, there is a question pending pi for which I do not have an answer from you, and I would hoi ask that you provide an answer. mi A. What was the question? 1121 MR. DUFF: Would you please repeat the ii3i question for the witness? mi (Question read) ,isi MR. CHAMBERS: Object to the form. That iiq question has been asked and answered. ,,,, THE WITNESS: The paragraph says "I would us) hope." ,.9i BY MR. DUFF: mi Q. And in the second sentence of that paragraph mi when you wrote "If we have no low cost Pydraul 1221 replacement, tie need for product group assistance to mi retain the business will be substantially increased," mi what did you mean? Page 316 m A. Everybody would be traveling until they were pi blue in the face. pi Q. What did you mean by "low cost Pydraul n replacement"? isi A. That was the Pydraul 312 series, id Q. Did this refer to any other Pydrauls? pi A. No. The low cost Pydrauls were the 312 is, series of 135, 312, was it 540? I believe those were m the three. There may have been two others. I don't not remember the viscosity designations. ini Q. Did this refer to Pydraul AC? ii2, A. No, it did not refer to Pydraul AC because mi Pydraul AC was not a low cost fluid. mi Q. Did it refer to Pydraul F-9? 11si A. No. ii6] Q. Did it refer to Pydraul 90? ii7i A. No. nisi Q. Is that your signature at the bottom of this [i9i document? mi A. No. NORMAN T. JOHNSON, VOLUME II 08-23-95 (2ii Q. Whose signature is that? in A. My secretary at the time. i23i Q. It's your name but not your writing, is that [24| correct? A. That's correct. Page 317 pi Q. And are those her initials or his initials pi L. B.? hi A. Yes. isi Q. And what do the initials L. B. stand for? ,6] A. Linda Brown. pi Q. How long had Ms. Brown been your secretary at pi this point? pi A. Oh, maybe a year. I don't remember details. 1101 We shared secretaries. mi Q. When you say "we," who do you mean? 1121 A. The group, and sometimes the secretary that I mi had also worked for Paul Benignus or worked for some mi other people so that we did not have exclusive mi secretaries for one individual. iiai Q. And do you recall if any of the mi secretaries -- I'd like to direct your attention back to mi the time period the end of 1969 and beginning of 19/0. mi Do you recall that that was the time period when you poi were responsible for preparing the mailing list for the pn pollution letter that was sent out? mi A. Yes. mi Q. Do you recall any of the secretaries that [24i were working with you or for you at that time assisted Page 318 m in the preparation of that mailing list? pi A. No, I don't. They were not secretaries to pi us. They were girls that had been secretaries in hi Monsanto who were occasionally looking for additional pj work; and so through our personnel department they hi brought in three or four girls who started working maybe m 8:30 after their kids were off to school and would leave pi maybe 3:00, 3:30 in the afternoon and of course return m the next day. ` 1101 Q. Those individuals are the ones that you're im referring to who were responsible for pulling together ,121 the mailing list? [i3| A. Yes. They were former Monsanto employees, mi secretaries who had left the company for raising a mi family. ]116 Q. And do you recall any of their names? mi A. No. I'm sorry. That's a tough one. ip, THE VIDEOGRAPHER: This will be all for Tape mi Number 5. mi (Brief interruption) ELLEN WILLIAMS & ASSOCIATES, LTD. (312) 704-5250 Page 314 - Page 318 WATER PCB-SD0000044420 NORMAN T. JOHNSON, VOLUME II 08-23-95 pii A. I know m most cases we didn't have any. mi Q. Do you know -- this document indicates that ^ you did have some inventory of Pydraul F-9, Pydraul AC mi and Pydraul 625; is that correct? Page 311 in A. Only for the purposes of saying we may still pi have inventory to supply customers if they absolutely pi need material. But I know in the case of these hi products, as we were in transition, in many cases we m stopped manufacturing a product three months before. [6i MR. DUFF: Move to strike as nonresponsive. pi BY MR. DUFF: in Q. At this time of this document there was pi existing inventory of Pydraul F-9, Pydraul AC and hoi Pydraul 625; is that correct? mi A. It could have been one drum. n"2i Q. There was some inventory though, is that mi correct? mi A. That's what I said based on the knowledge I mi had at that point in time, but I can assure you that the iwi inventory was moved and reduced as quickly as we [i7i possibly could to make room for the new product. ini Q. And the preference wasn't to sell new product mi until the old product was sold, is that correct? [2oi A. Not true. In most cases we didn't have any ph inventory left. i22i Q. Would you please read the second sentence in mi the last paragraph on this page into the record? mi A. Yes. Page 312 m Q. Would you please read that for the record? pi A. I really don't want to. pi Q. Well, I'll ask you again if you would please hi read the - hi A. I think we're nitpicking, okay, because I'm hi telling you that inventory for the most part didn't even pi exist, regardless of what this memo says. And if you Hi want me to read that, I'll read it, but I think you're w bastardizing this whole God damn concept of what we were noi trying to accomplish, im "We would prefer not to ship the new mi formulations to any customer until old formulations have mi been sold out from the Queeny plant or warehouses in mi your area." mi Thank you, and I want to take a break. ii6i MR. DUFF: We can take a break now. ii7| (Recess taken) I.., THE VIDEOGRAPHER: Back on the video record. Multi-PageTMTENNESSEE GAS PIPELINE COMPANY VS. MONSANTO COMPANY [.9i BY MR. DUFF: 1201 Q. Mr. Johnson, I'd like you to direct your pii attention back to the document that's been previously m, marked as Plaintiff's Exhibit 7. This is a January 3, [23i 1971 memo that you were shown earlier this morning. i24i A. Yes. Page 313 m Q. Do you have that document in front of you? pi A. At the bottom it says Bradford 7. pi Q. That's because this was an exhibit marked in hi Mr. Bradford's deposition. Hi A. Okay. [6i MR. DUFF: I'd also like to have marked the m next exhibit. Exhibit Number 71 -- hi (Whereupon, Plaintiffs Exhibit 71 pi was marked for identification) noi MR. DUFF: -- a November 24, 1971 memorandum mi prepared by Norman T. Johnson to C. L. Bradford and mi copied to T. L. Gossage regarding Pydraul accounts and ,i3, bearing production number TRAN 005181 through 82, a copy mi of which I'm also providing to counsel for Monsanto. 1.5, BY MR. DUFF: ini Q. Mr. Johnson, have you had an opportunity to mi review this document? [is, A. Yes. ini Q. And did you prepare this document? [20| A. Well, it's got my name on it. ph Q. And when you view Exhibit 71 in the mi context - or in conjunction with Exhibit 7, does that mi refresh your recollection about whether or not you mi prepared the list of accounts that are listed m Exhibit Page 314 m 7 for which you believe there may need - be a need for p, assistance? pi A. Yes. hi Q. Directing your attention to the second page m of Exhibit 71. 16] A. Okay. |7| Q. Did you intend that for customer accounts m other than those listed in this document the transition hi to non-PCB fluids would be handled directly by your noi salesmen? mi A. Well, that's what we hoped. ini Q. Was that what you intended when you wrote mi this document? ini MR. CHAMBERS: Object to the form. That's ihi been asked and answered. He just said what he hoped was [hi that all other industrial fluids accounts could be im handled directly by the salesmen. I would ask that you ii not unduly burden this Page 310 - Page 314 ELLEN WILLIAMS & ASSOCIATES, LTD. (312) 704-5250 V r WATER PCB-SD0000044421 TENNESSEE GAS PIPELINE COMPANY VS. MONSANTO COMPANY i23i short period of time. i24i MR. DUFF: I'd like to show you what's been Multi-Page TM Page 323 m previously marked as Plaintiffs Exhibit 11. This is a pi document regarding industrial hydraulic fluids pi transition plan dated December 8, 1971 from C. L. mi Bradford and J. H. Davidson to T. L. Gossage copied to pi several individuals including N. T. Johnson. And I'm pi providing a copy to counsel for Monsanto as well. This pi document bears production numbers TNGS 008577 through p, 8593. i9i BY MR. DUFF: po| Q. Mr. Johnson, have you had an opportunity to mi review this document? mi A. No, but I'll go through the details with you ii3i as you go along. ii4| Q. Please feel free to take a moment to peruse nsi the document if you'd like. ii6i MR. CHAMBERS: I'd note this is a lengthy mi document. It may save some videotape if we just allow mi the witness to continue reviewing off the video record mi at any rate. iso] MR. DUFF: That makes sense. We'll go off the (2ii video record. ,221 THE VEDEOGRAPHER: Now off the video record. 1231 (Brief interruption) ,24, THE WITNESS: Okay. Page 324 i,, THE VIDEOGRAPHER: Back on the video record. pi BY MR. DUFF: pi Q. Mr. Johnson, have you had an opportunity to mi review this document? isi A. Yes. pi Q. We're referring now to the document that's pi been previously marked Plaintiff's Exhibit 11? is, A. Right. isi Q. Do you recall this document? [ioi A. Not really, but it does point out that the mi document that we created for the sales meeting was 1121 misdated January 3, 1971 and it really should have been mi January 3, 1972, which was your document Bradford Number imi 7. nsi Q. I'd like to direct your attention to the imi fourth page of Exhibit Number 11. It bears production utj number TNGS 08580. us) Are you referring to Exhibit 7 in the ip, context of the first sentence in the second paragraph poi under the section titled Field Sales Product Group 1211 Relationship where it says "To help prepare the salesmen ,221 for this transition, a meeting will be held in St. Louis 1231 will focus on strategic salesmen and their managers who p4| will be in attendance"? NORMAN T. JOHNSON, VOLUME II .............. 08-23-95 in A. Right. Page 325 121 Q. Do you see the last sentence of that pi paragraph where it says "We will leave them with a mi transition handbook?" pi A. Well, I don't read that. I read it says pi "Also at the meeting we will specifically define who pi will handle what accounts." pi Q. If you would look at the sentence directly pi above that one? ' no] A. Yes. mi Q. What was the transition handbook, the term 1121 that appears there in quotes? ]113 A. I don't remember. imi Q. Did you provide any materials to your psi salesmen to assist them in the transition of their imi customers from PCB to PCT-containing products? [I?, A. I don't remember. uai Q. Did you provide your salesmen with any mi materials to assist them in the transition of their 1201 customers from PCT to phosphate ester-containing pn products? 1221 A. I don't remember. pi Q. Did you approve this industrial hydraulic p4i fluids transition plan that was prepared by Mr. Bradford m and Mr. Davidson? Page 326 121 A. No. He did not work for me, he worked for pi Tom Gossage. mi Q. Did you approve this transition plan? pi MR. CHAMBERS: Object to the form. That's pi been asked and answered. The answer was no. pi MR. DUFF: You may answer. pi MR. CHAMBERS: Repeat your answer for the [9i benefit of Mr. Duff. mo] THE WITNESS: I don't remember anything in mi terms of approval. These people reported to Tom 1121 Gossage, not to me. mi MR. DUFF: I'd ask that you not coach the in] witness to tell him what he should and should not say. mi He can answer the questions on his own. imi MR. CHAMBERS: He can repeat his answers on mi his own. nsi MR. DUFF: He'll repeat what you direct him to ns, repeat. ,201 MR. CHAMBERS: He'll repeat what his prior pi, testimony was. ,22, BY MR. DUFF: mi Q. Mr. Johnson, I'd like to direct your mi attention to the - you will note that there are several Page 327 m appendices to this document? ELLEN WILLIAMS & ASSOCIATES, LTD. (312) 704-5250 Page 322 - Page 327 WATER PCB-SD0000044422 NORMAN T. JOHNSON, VOLUME II 08-23-95 mi THE VIDEOGRAPHER: Tliis will be the start of m Tape Number 6. (oi MR. DUFF: Mr. Johnson, I'd like to show you a mi document that I'll have marked as Exhibit 72 -- Page 319 m (Whereupon, Plaintiff's Exhibit 72 p was marked for identification) pi MR. DUFF: -- a copy of which I'm also hi providing to counsel for Monsanto. This is a document pi dated November 17, 1971 from C. L. Bradford and N. T. pi Johnson to T. L.. Gossage and bears production numbers m TRAN 005029 through 32. m BY MR. DUFF: pi Q. Mr. Johnson, have you had an opportunity to oi review this document? mi A. No. Please let me look at it. mi Q. Take as much time as you need. mi A. Okay. [i4] Q. Did you author this document? ns) A. Not really. It was done by Larry Bradford. [lm Q. Is that, your name at the bottom of the mi document? mi A. Along with Larry's, yes. [i9i Q. Both of your names appear at the bottom of (2oi the document, is that correct? PM A. Yes. mi Q. I'd like to direct your attention to the mi second page of this document. Have you had an'[24] opportunity to review this page? A. Yes. Page 320 pi* Q. What did you mean when you wrote - I'll (3i direct your attention to the third sentence under the mi section titled Pydraul and Miscellaneous Industrial isi Fluids, pi What did you mean when you wrote "If we pi stop using PCTs without fully tested NC/N2C ester (sj formulations, inventoried replacement products, and 90 m days thereafter for conversion, we will lose all of this [io] business?" mi A. Larry really wrote this because he was mi panicking, and when he referred to this section, it's H3i difficult for people to understand that if we went out im of the business completely as is indicated in that lm paragraph, without the NC/N2C ester there would not be n<i enough fire-resistant fluids in the United States to 1171 keep the plants operating. [is] Q. I direct your attention to the third page of H9| this document. Did you and Mr. Bradford make a pop recommendation that "For the air compressor lubricants pm we recommend replacing free of chaise approximately m 25,000 gallons of fluid now out in the industry and izai incinerating that amount at our own expense?" Multi-PageTMTENNESSEE GAS PIPELINE COMPANY VS. MONSANTO COMPANY [mi A. Well, obviously it's in the memo. It was Page 321 in Larry's recommendation and he asked me to participate in pi the signature because I had previously been responsible pi for that group. hi Q. And so it was the recommendation of both you isi and Mr. Bradford, is that correct? [6[ A. Yeah, as a possible alternative. [7i Q. Is that what you thought you should do with isi the air compressor lubricants that were out in the pi industry at this point in time? hoi A. At various points in time we were looking [in toward alternatives that would make die transition easy (121 for customers, and this was one of those recommendations ii3| that Larry felt we should consider. [mi Q. Was this recommendation for air compressor hsi lubricant customers followed? Hsi A. I don't believe so. ini Q. And why is that? [isi A. Our superiors would probably not agree to it. [i9[ Q. Is it because it would have been too [201 expensive to do this? 1211 A. Well, it would not only have been expensive, [221 we wouldn't know what to do with the replacement [23] products because I don't believe we had an incinerator 1241 operating to handle the material. And in many cases I Page 322 mi would believe a lot of customers would not even be pi willing to drain their systems and add new fluid. What pi they would do is just take the new fluid and put it hi right on top of the old. isi MR. DUFF: Would you please reread that last hi answer? m (Answer read) MR. DUFF: Move to strike that portion of the pi answer that begins with "and in many cases" through the noi end of the answer. mi BY MR. DUFF: [121Q. Mr. Johnson, were there any incinerators mi operating in the United States at this time for - that [ui could have incinerated Pydraul products? hsi A. To my knowledge, no. ii6| Q. You may set that document aside for the time ini being, psi Do you recall if an industrial hydraulic p9i fluids transition plan was prepared? 1201 A. I don't believe there was a basic document pn ever created for the whole transition. Maybe there was ]122 something that somebody wrote for a transition for a Page 318 - Page 322 ELLEN WILLIAMS & ASSOCIATES, LTD. (312) 704-5250 WATER PCB-SD0000044423 TENNESSEE GAS PIPELINE COMPANY Multi-PageTM NORMAN T. JOHNSON, VOLUME II VS. MONSANTO COMPANY 08-23-95 pi MR. DUFF: You may set that document aside, pi I'd like to show you what's been hi previously marked as Plaintiff's Exhibit 32, a copy of hi which I'm providing to counsel for Monsanto. This is a hi document dated January 31, 1972 and bears production m number TNGS 010665. n THE WITNESS: Okay. p, BY MR. DUFF: hoi Q. Do you recognize this document? ini A. Not really, but it went out under Howard [pi Bergen's signature. tut Q. Did you help to prepare this document? [mi A. I don't know. ns) Q. What was your position in January of 1972? ii6| A. I was field sales manager for the Monsanto ini industrial chemical group, specialty products group. [isi Q. All of your customers at that time would have imi received this letter, is that ( correct? poi A. That same mailing list would have been used pu plus any new customers that we may have generated 1=1 through this period. Page 333 in MR. DUFF: Could you please repeat the 121 question to the witness? pi (Question read) hi THE WITNESS: Well, it suggests to me that isi Larry Bradford wrote the letter and somebody made the hi decision that the letter should go out under Howard m Bergen's signature, and that that was the letter then p, sent dated January 31, 1972. pi BY MR. DUFF: 1101 Q. Was it one of your duties in January of 1972 ini to review letters that were sent to your customers 1121 before they went out? mi A. Not really on this situation. I'm sure when [mi Larry sent it over and I got the copy... The basic im decision-maker on this would have been Tom Gossage and net ultimately his boss Howard Bergen. im Q. Who was P. S. Park? [is, A. He was a lawyer in the legal department of 1191 Monsanto. 1201 Q. Was he the individual in the legal department pn who was responsible for reviewing customer notification 1221 letters before they went out? 123] A. Yeah, we did work with Phocian Park. [23] Q. And when you say "that same mailing list," do imi you mean the pollution letter mailing list that was m prepared in 1970? Page 332 i24i Q. Was he the individual in the legal department Page 334 in that you worked with in 1970 and 1971 on the customer pi notification letter? pi A. Yes. i3i A. He would have been. i3i Q. Do you recall if you saw a draft of this hi letter before it was sent out? isi A. I don't recall it. [6i MR. DUFF: Let me show you what's been itj previously marked as Plaintiff's Exhibit 33, a copy of m which I'm providing to counsel for Monsanto, pi This is a document dated January 14, 1972 1101 bearing production numbers TNGS I 008721 through 22 from un C. L. Bradford to a list of seven individuals including 1121 N. T. Johnson regarding letter of notification to all [pi Pydraul customers. i>4[ BY MR. DUFF: [is[ Q. Have you had an opportunity to peruse this [isi document, Mr. Johnson? ini A. Yes, I have. [tsi Q. And does this refresh your recollection about 1191 whether or not you reviewed a draft of the document that poi we previously marked Plaintiff's's Exhibit 32? pi] A. It's possible. [221 Q. Is that what this document numbered Exhibit [23] 33 indicates to you? [291 A. Could you repeat the question? hi MR. DUFF: I'd like to show you what's been pi previously marked as Plaintiff's Exhibit 37, a letter hi dated February 28, 1972 bearing production number TNGS m 010664, and a copy of which I'm providing to counsel for is, Monsanto. This is a letter signed by Howard S. Bergen, [9, Junior. no, BY MR. DUFF: mi Q. Mr. Johnson, have you had an opportunity to ]112 review this document? ip, A. I'm reading it now. ]114 Q. Please take as much time as you need. . im A. Okay. in, Q. Did you assist in the preparation of this ini document? ns) A. No, I would think that Larry wrote the entire im, thing -- or Howard Bergen wrote it with Larry's 1201 assistance. 1211 Q. Did you review this document before it went is:] out? pi A. No, I - I certainly recognized we had [24] quality - qualified people, and putting together the ELLEN WILLIAMS & ASSOCIATES, LTD. (312) 704-5250 Page 331 - Page 334 WATER PCB-SD0000044424 NORMAN T. JOHNSON, VOLUME II 08-23-95 pi A. Yes, I see them. pi Q. Do you see Appendix C which is titled Pydraul hi Blenas and appears on the page bearing production number m TNGS 008584? hi A. Yes. i7i Q. Do you recognize the handwriting on this ii page? i9i A. No, I don't. hoi Q. What is a Pydraul blend? un A. Pydrauls are all blends. Pydrauls are never mi pure materials. mi Q. And what does the term blend mean? ini A. It's a combination of in this case what I see usi various phosphate esters plus some polymer here, and the mi first one is maybe a thickener or maybe a corrosion 1171 inhibitor or whatever. usi Q. Do you see on this page the reference to 119] Pydraul 90E? imi A. Yes. pit Q. What was Pydraul 90E? i22i A. It was probably a replacement for 60, so it mi was a phosphate ester made with normal cumyl phenol mi phosphate, triphenyl phosphate, and probably some small Page 328 in parts of various corrosion inhibitors or foam inhibitors 121 as defined in parts per million. Pi Q. Did it contain any PCBs or PCTs? hi A. No. [si MR. DUFF: I'd like to show you what's been i<n previously marked as Plaintiff's Exhibit 12, a copy of m which I am handing to you, and I also have a copy for is] counsel for Monsanto. This document bears production hi number TRAN 003267 through 3282 and is titled -- or 1101 appears to be regarding industrial hydraulic fluids ini transition plan. ,,21 BY MR. DUFF: mi Q. Do you recognize this document, Mr. Johnson? imi A. No, I don't. It indicates it was a draft, usi and obviously it was probably a draft drawn up by Larry m< Bradford. ii7[ Q. And do you recall if you received a copy of [is] this document? imi A. I don't remember it, but it's very possible ]120 since my name is indicated that I got a copy. [21] Q. Does this refresh your recollection regarding mi whether or not you would have approved this transition mi plan before it was finalized? mi MR. CHAMBERS: Objection. That's been asked Multi-PageTMTENNESSEE GAS PIPELINE COMPANY VS. MONSANTO COMPANY m and answered. Page 329 [2] THE WITNESS: It didn't require my approval, pi Tom Gossage was the boss. hi MR. DUFF: I'd like to show you what's been pi previously marked as Plaintiff's Exhibit 13, and I'm hi providing a copy to counsel for Monsanto as well. Pi MR. CHAMBERS: Thank you. ni MR. DUFF: This document bears production hi numbers TNGS 010691 through 95. It is a December 8, 1101 1971 document regarding industrial hydraulic fluids mi transition plan, and it is from C. L. Bradford to J. H. 1121 Davidson to T. L. Gossage, copied to N. T. Johnson and mi others who are both typed and handwritten in. imi BY MR. DUFF: ini Q. Mr. Johnson, have you had an opportunity to mi peruse this document? ]117 A. Yes. 1181Q. Do you recognize any of the handwriting on mi this document? mi A. I believe it to be Tom Gossage. 1211 Q. Do you see any other handwriting on this mi document on any of the pages of this document that you 1231 recognize? mi A. No. I only see what appears to be one m person's handwriting. Page 330 121 MR. DUFF: You may set that document aside, pi Why don't we take a short break. Off the hi record, pi (Recess taken) hi THE VIDEOGRAPHER: Back on the video record. pi MR. DUFF: Mr. Johnson, I'd like to show you hi what's been previously marked as Plaintiff's's Exhibit m 28, a document dated April 15, 1971 signed by C. Larry 1101 Bradford. I'm also providing a copy to counsel for mi Monsanto. This document also bears production number mi TNGS 004341. ini BY MR. DUFF: imi Q. Mr. Johnson, have you had an opportunity to mi review this document? mi A. Let me finish and I'll... Okay. mi Q. Do you recognize this document? usi A. No, I don't remember it, but I can understand mi what he was writing here. mi Q. Did you help Mr. Bradford to prepare this pm document? mi A. No. mi Q. Did Mr. Bradford speak with you about mailing p4| this document out? in A. I don't remember. Page 331 Page 327 - Page 331 ELLEN WILLIAMS & ASSOCIATES, LTD. (312) 704-5250 1 rr:~.-p';r;rrT"r'T;r:~; WATER PCB-SD0000044425 TENNESSEE GAS PIPELINE COMPANY VS. MONSANTO COMPANY ,2.1 BY MR. DUFF: 1221Q. Mr. Johnson, have you had an opportunity to mi review this document? i24i A. Yes. Multi-PageTM Page 307 m Q. Is this your handwriting on this document? ,2i A. No. ,3i Q. Does your handwriting appear anywhere on this hi page? [5i A. No. ,6i Q. Do you recognize this handwriting? ,7] A. No. pi MR. DUFF: I'd like to show you documents that ,si have been previously marked as Plaintiff's Exhibits 18 ,.oi and 20, and I also am providing a copy of these exhibits mi to counsel for Monsanto. [.2] For the record, these are -- for the mi record. Exhibit 18 is a single page letter dated mi February 1, 1970 and bearing production number TNGS mi 004340; and Exhibit 20 is a single letter dated February ,i6i 1, 1971 bearing production number TRAN 036871. And if I mi misspoke, Exhibit 18 is also dated February 1,1971. ,.8, BY MR. DUFF: us) Q. Mr. Johnson, do you see that these are copies ,201 of the same letter except that there is handwriting on pu one of them? 1221 A. Yes, I do. mi Q. And both letters are in fact signed by C. L. ,24i Bradford, is that correct? NORMAN T. JOHNSON, VOLUME II 08-23-95 manager for the entire group, and Larry had taken ,201 over the industrial fluids area. pu Q. Would you have been responsible for mailing ,221 out this letter? mi A. No. Larry would have picked up the mi responsibility with whatever our mailing list was to get Page 309 Hi this out to the appropriate customers who buy 312, 135 pi on out. pi Q. Do you recall discussing with Mr. Bradford hi the method by which this letter should be mailed to the ,si customers? hi A. I wouldn't have to. Larry was very much m involved in all of the things that were going on. He m knew what the sequence was. 19, MR. DUFF: I'd like to show you a document ,101 that's been previously marked as Plaintiff's Exhibit 19, ,m and I'm providing a copy of this exhibit to counsel for ,12, Monsanto, mi For the record, this is a document dated mi January 25, 1971 from N. T. Johnson to a very lengthy ,151 list of individuals, and this document bears production mi numbers TNGS 010713 through 715. m, BY MR. DUFF: ,i8i Q. Mr. Johnson, have you had an opportunity to ,191 review this document? po] A. No, but I will. Okay. pu Q. Does this document refresh your recollection ,221 regarding whether or not there were any -- was any mi existing inventory of Pydraul AC in St. Louis in January p4, of 1971? ,21 Q. Do you see on Exhibit 20 the initials that pi are written toward the top of the document? ,4, A. Yes. ,si Q. Are those your initials? ,6] A. Yes. pi Q. And do you see the handwriting in the lower m left-hand comer of this document? ,9i A. Yes. no] Q. Do you know whose handwriting that is? ,m A. Not mine. I don't know whose it is. mi Q. Do you recall this letter? m, A. Not this specific letter. I recall, you [i4] know, our sending out these kinds of letters mi consistently as we were reformulating products. ii6i Q. Did you participate in drafting this letter? im A. No. This would have been done by Larry mi Bradford because my job had changed. I had become field mi sales ELLEN WILLIAMS & ASSOCIATES, LTD. (312) 704-5250 Page 310 m A. It says we still have some inventory of ,2] Pydraul F-9, AC, Pydraul 625, and these must be moved in ,31 the next 60 days. It's the bottom of the second hi paragraph. pi Q. When you wrote "these must be moved in the hi next 60 days," what did you mean? pi A. Shipped out. pi Q. Does that mean sold to customers? [9i A. Sure. . no] Q. And when you wrote this document, was it in, Monsanto's preference to not ship the formulations -- ,121 not ship new formulations of Pydraul products to any mi customer until the old formulations had been sold out of ,mi existing inventories and warehouses? ,i5i A. That was the direction we were given. ,161 However, the inventory was so low I don't -- even though mi we stated in that line we still have some inventory, it ns] probably wasn't very much. in, Q. Do you recall exactly how much inventory ,20, existed? Page 306 - Page 310 WATER PCB-SD0000044426 NORMAN T. JOHNSON, VOLUME H 08-23-95 Page 335 in information this seems very logical at that point in pi time. pi Q. But this isn't a document that you would have m expected to have been shown before it went out to your pi customers? re] A. Not if it was going out under Howard Bergen's m signature. It may have been reviewed by Tom Gossage, m but not necessarily by me. (si Q. What does the term reclamation mean? hoi A. It means if a customer has a mechanism like mi floor drains or whatever that could accumulate lost mi fluid, the possibility of recovering that fluid and mi putting it through a diatomaceous earth system to reduce mi the acidity and of i course filter out any contaminants in mi it so that the customer could reuse it in his system. no] Q. Was reclamation possible with all systems? mi Let me rephrase that question for you. mi Was reclamation possible for all uses of mi Pydraul products? mi A. If the customer had a mechanism to collect i2ii the leakage or if they contaminated a system -- mi sometimes that would happen. Somebody would dump mi petroleum oil on top of the phosphate ester which m created a mess, and there were instances over the years Page 336 m where people would come to us and say we've got to get pi the oil out of the phosphate ester and we want to save pi it, can we do this, can we do that. And there was a pi company in St. Louis that did have the capability of isi making that separation ana making that distillation. lei Q. Do you recall the name of that company? m A. Findett Service. is] Q. You referred earlier to a diatomaceous earth m system. What is that? mi A. Well, diatomaceous earth is something you mi mine. I guess there's enormous quantities under ground, mi We use it in nitrations of swimming pools, and it can mi be used in the filtration of fluids in that it helps mi reduce the acidity. And of course in a swimming pool mi what you develop is a lot of acid in the water because mi people go in and swim and don't take a shower. So by im using a DE filter you recover that acidity and convert ns] the water to a normal pH. mi Acidity in a fluid was always a problem mi if somebody dumped water into it or didn't maintain it pu properly because it would cause corrosion. mi Q. Did different Pydraul products have different mi levels of acidity? mi A. No. We tried to control that to a low level, Multi-Page^TENNESSEE GAS PIPELINE COMPANY VS. MONSANTO COMPANY Page 337 in so I don't remember the pH at which we handled the pi fluids, out they were consistent in terms of trying to pi maintain a certain pH level. hi Q. So different Pydraul products had the same pH w level, is that what you're saying? pi A. Right, right. m Q. Are you familiar with the term fuller's pi earth? pi A. It's the same. [ioi Q. Is that diatomaceous earth, the same thing? mi A. Yeah. To the best of my knowledge it's an [i2i interchangeable comment. ini Q. Did Monsanto institute a reclamation program mi or plan in the early '70s? [isi A. There had been a program set up with General mi Motors central foundry division in Bedford, Indiana that mi was handled by Findett Service, so it was like an [isi outside contractor. We had no involvement in the mi arrangement between the two of them other than poi occasionally I believe our research people would fire pu test the recovered fluids. mi Q. Did Monsanto ever offer reclamation services mi to its Pydraul AC customers? i24i A. In our brochure that we had through the '70s, Page 338 in one of them explained the possibility of - well, pi explained all the equipment and all the necessary pi procedures for filtering and recovering lost fluids. hi Q. And what brochure would that have been? pi A. I don't remember. i6| Q. Are you referring to a selector bulletin? pi A. No, no, no. It was a bulletin that I pi remember the two pages showing the pieces of equipment pi and a tank and all the various things and then talking mi about using I believe diatomaceous earth, or like you mi were saying, fuller's earth for the purposes of mi reclaiming fluids. mi MR. DUFF: I'd like to show you what's -- [Mi actually I'd like to have marked for you Exhibit 73. mi (Whereupon, Plaintiffs Exhibit 73 m was marked for identification) H7i MR. DUFF: A copy of which I've also provided mi to counsel for Monsanto, mi This is a document titled Pydraul [201 Fire-Resistant Hydraulic Fluid Selector 1 bearing pn production numbers TRAN 063847 through 62. mi BY MR. DUFF: mi Q- Mr. Johnson, directing your attention to Page [24] 11 of this document, is that Page 335 - Page 338 ELLEN WILLIAMS & ASSOCIATES, LTD. (312) 704-5250 ' ' ....... .. ........"...... ...................- - - ........... - -...WATER PCB-SD0000044427 f ( TENNESSEE GAS PIPELINE COMPANY VS. MONSANTO COMPANY what you were referring to? Multi-Page TM Page 339 in A. Yes, but this was actually published in a i=i brochure on Pydraul AC that existed, oh, from the time I pi became a salesman back in 1959, and this was in a w different brochure that was just a single opening page. pi Q. But the same information was provided in the iq Pydraul AC bulletin? pi A. Yes, it was. pi Q. What was your role in developing a i9] reclamation plan for Monsanto and its customers in the mi early 1970s? lit] A. Well, I had Don Pome working for me, and we mi had directed him to go up to Johnson Motors and recover mi samples, and then we would analyze it and determine how mi much fluid may be getting out of their systems and mi looking at the potential of how could we assist nq customers to put in facilities to recover fluids, [i7i specifically those who were large users of material, mi We had some of our engineering people mi looking at the concept. We had talked to some customers ]=o] out there in addition to Johnson Motors, and that was mi prior to the decision point of going to phosphate ester. i=] Q. You referred to sending Mr. Pogue to GE, is mi that correct? mi A. General Motors. in Q. I'm sorry, GM? Page 340 i=i A. Yes. pi Q. Did you send Mr. Pogue to visit other hi customers to discuss reclamation? is] A. He went to Johnson Motors in Waukegan, iq Illinois. He went to a couple of steel companies, pi These were people who were large users of fire-resistant pi hydraulic fluids. i9] Q. Did you send Mr. Pogue to Tennessee Gas? no] A. I doubt it. mi Q. As far as you know, did anybody speak with mi Tennessee Gas about reclamation of Pydraul fluids? mi A. Over the years we had always talked to people mi about reclamation because they complained about the cost mi of the fluids, and sometimes we've had incidents where nq people would dump hydraulic oil into a phosphate ester im system, and how do you get the oil out and still retain mi the phosphate ester, and this is a mechanism to do it. nq Through the years we had spent a lot of mi time encouraging people to recover -- if they had a big pn hose break or something happened to try and recover as i=i much fluid and to build one of these small fluid mi purification units because it was well worth the mi investment. NORMAN T. JOHNSON, VOLUME II 08-23-95 Page 341 in MR. DUFF: Would you please read my last 1=1 question back? pi (Question read) hi BY MR. DUFF: pi Q. Let me ask you that same question this way: [q Do you have any specific recollection of pi discussions with Tennessee Gas relating to reclamation? pi A. I have no specific information, but I don't pi doubt mat it was discussed at some point in time hoi because if customers asked or we would promote it. The mi understanding was there that these things were mi recoverable and reclaimable. mi MR. DUFF: Move to strike everything after the mi word information, mi I'd like to show you what's been nq previously marked as Plaintiff's Exhibit 42. This mi document has several exhibit stickers on it ~ on its nq face. You'll see that the one that's been placed on nq this document in this case is - appears as Exhibit poi Bradford 42, 8/15/95 JAS. mi This is a February 19, 1971 document from mi D. R. Pogue to several individuals, including N. T. mi Johnson. This document is a two-page document. The mi fust page the subject matter is reclamation meeting. Page 342 m The second page is titled Agenda, p, BY MR. DUFF: 13] Q. Have you had an opportunity to review this w document, Mr. Johnson? pi A. I'm reading it now. Okay. iq Q. And what is this document? i7i MR. DUFF: Why don't we take a - actually if pi you can answer the question, that would be great. I pi thought we were going to be having an interruption right mi there. m, BY MR. DUFF: H2i Q. What is this document, if you know? ii3] A. Well, Don Pogue was working in the area of mi the potential of reclaiming fluids as an alternative on nq PCB-containing materials. ii6] MR. CHAMBERS: Let me inquire whether you're mi going to furnish me with a copy or do I need to just nq look off - ii9j MR. DUFF: I do have a copy for you. I i=o] apologize. pn THE WITNESS: And this was something that was mi requested by upper management to look at the possibility mi of do we get into waste incineration, do we get into mi total fluids reclamation, does the individual do it, Page 343 in does the customer do it, do we do it. And so obviously pi the agenda is trying to define the alternatives that pi should be considered, and Don was calling the ELLEN WILLIAMS & ASSOCIATES, LTD. (312) 704-5250 Page 338 - Page 343 WATER PCB-SD0000044428 NORMAN T. JOHNSON, VOLUME H 08-23-95 | meeting of hi all these people to discuss those alternatives. a BY MR. DUFF: hi Q. Were the individuals listed on this document m a committee that was designed to discuss reclamation? I m A. No. These were just what I would call people pi in the product group who were relating to the PCB 1101 problem. im Q. Who was E. P. Benzing? 1121 A. He was a man that worked over in the mi development department of Monsanto originally for the mi Organic Division, and I'm not sure what he was involved iui in at this point in time. ii6| Q. Do you recall being present at this meeting? im A. No, I don't. im Q. I direct your attention to the agenda that [19] appears on the second page of this document. Do you see 1201 where it says Reclamation versus Disposal? i2ii A. Yes. i22| Q. What does that mean? pi MR. CHAMBERS: Let me object to the extent pq you're asking this witness to speculate about the Page 344 in meaning of something that Mr. Pogue wrote. 121 THE WITNESS: I would suspect the reference is pi to incineration. hi BY MR. DUFF:................................ pi Q. By that do you mean the reference to the word ,q disposal? pi A. Yes. Reclamation probably refers to the pi possibility of customers reclaiming leakage or whatever m and then returning it to us for disposal probably by po, incineration. mi Q. Did Monsanto make recommendations to its 1121 customers regarding whether or not it should attempt to mi reclaim Pydraul fluids or dispose of them? im MR. CHAMBERS: Let me object to the form, iui When you say whether it should try to reclaim, are you pq referring to Monsanto or the customers? in, MR. DUFF: The customers, us, BY MR. DUFF: ns, Q. Mr. Johnson, do you understand the question? 1201 A. Yes. We constantly talked about the pii possibility of people reclaiming fluids. We discussed 1221 it with plant managers, we discussed it with lubrication ,123 engineers, pq There was a brochure that preceded this . Multi-Page^TENNESSEE GAS PIPELINE COMPANY VS. MONSANTO COMPANY . Page 345 m that showed that similar type equipment, and we would 121 suggest that people would build this, I don't remember p, if there was someone you could buy it from, but to have pi this small skid available for the purposes of reclaiming isi fluids and refurbishing and putting them back in their (6j equipment. pi Q. Did Monsanto recommend that some of its is, Pydraul customers reclaim their fluids and that other of pi their Pydraul customers incinerate their fluids? [101 A. No. mi Q. Did Monsanto recommend incineration for -- to 1121 some of its customers? [i3i A. I don't think I can answer that question im because it would relate to a point in time, ns. We had always promoted reclaiming fluids pq with a brochure that preceded this showing this piece of m equipment, and some people did that. As we got into the ns, 1970, '71, '72, then the question became could people nq collect their fluids and would we have an incinerator to 1201 dispose of it. And I don't know the exact timing of the 1211 incinerator. It may have been at this point in time 1221 that the decision was made by the corporation to go 1231 ahead and build the incinerator over at the plant in ii saint - in east St. Louis. Page 346 pi Q. At the point in time when the incinerator or p, any incinerator was available for incinerating p, PCB-containing fluids, did Monsanto recommend w incineration to some of its customers? i5i A. I don't think I was with the company at that hi point in time. pi Q. Do you recall devising an incineration policy w for Pydraul customers? pi A. No, I did not. 1101 Q. Are you saying that you do not recall that in, you did or are you saying that you in fact did not? 1121 A. I don't remember it. If there was a 1131 procedureestablished, I'm not familiar with it. ' ini MR. DUFF: I'd like to show you what's been usi previously marked as Plaintiff's Exhibit 46. This is a pq one-page document dated January 19, 1972 regarding mi incineration policy, a copy of which I'm providing to in, counsel for Monsanto. This document is from C. L. nq Bradford to T. L. Gossage and copied to five 1201 individuals, including N. T. Johnson. This document pi, bears production number TNGS 010577. ,122 THE WITNESS: Okay. ,23, BY MR. DUFF: Page 343 - Page 346 ELLEN WILLIAMS & ASSOCIATES, LTD. (312) 704-5250 'water'' PCB-SD0000044429 TENNESSEE GAS PIPELINE COMPANY Multi-PageTM NORMAN T. JOHNSON, VOLUME H VS. MONSANTO COMPANY ............... ..... ................................. 08-23-95 ph Q. Does this document refresh your recollection Page 347 m regarding whether or not you helped to devise an pi incineration policy for Pydraul fluids? . refresh your m recollection that you helped to devise the PCB im incineration policy for Pydraul fluids along with imi Bradford, Johnson - I'm sony, along with Bradford Page 349 pi Bergen, Gossage, Savage and Koenig? pi A. I'm sure I must have been involved in the hi discussion. pi A. It's very possible that we had a meeting to pi discuss this whole concept. [si Q. And what do you recall about those hi discussions? pi A. We were looking at a program to try and ease pi the burden on customers when they convert from the old pi products to the new straight phosphate ester. [ioi Q. And how were you seeking to accomplish that? ini A. Well, apparently they were talking here about 1121 a credit of three cents a pound. They were also at a -- pn looking through this policy it gives us an effective [in price reduction of about 30 cents per gallon for those psi customers who buy phosphate esters from us. We still pq would be about 20 to 40 cents a gallon higher than our iitj competition, so obviously we were up against a real hard [isi situation. I [isi Q. And did Monsanto offer the service to those [mi customers that did not continue to purchase phosphate pn esters? pi A. I really don't know. I don't know if this [23i policy ever went into effect. It states we had arrived pn at an incineration policy we think should be applicable !' Page 348 m to all General Motors locations plus our other pi customers. That doesn't mean that it was accepted. hi Q. And that based on that meeting a policy was [5i devised for incineration, is that correct? (6i A. I really don't know whether this was a policy m recommended by the participants in the meeting or this isi was finally the recommendations made by Howard Bergen pi who was then our business director. hoi Q. Well, do you see where it says based on [in conversations with you and others? nil A. Right. [i3i Q- "We will follow the schedule presented below [ui with regard to market prices for incineration"? mi A. Right, but keep in mind that may not have [isi been what we recommended but that is what Howard Bergen ini decided he wanted to do. [isi Q. Do you recall that the plan was to charge ns>i five cents per pound for Pydraul incineration? pci A. I don't remember the details specifically. [211 As I read this, it looks like it could have been the m program that was generated. i23i Q. Do you recall that the incinerator was i24| designed and -- for disposal of fluids that were 100 pi Q. You don't recall whether or not it was in accepted, right? m percent PCBs? Page 350 isi A. I have a feeling it was turned down. hi Q. And why do you have that feeling? i7| A. I just have that feeling. 121 A. It would be easier to design a system to |3| destroy 100 percent PCBs than it would be. to destroy one hi that -- destroy fluids that contained petroleum oil. isi Q. But you don't know that to be true, do you? i9i A. No, I don't. isi Q. Why is that? isi A. You'd probably blow up the incinerator. (ioj MR. DUFF: I'd like to show you what's been mi previously marked as Plaintiff's's Exhibit 47, a copy of 1121 which I'm providing to counsel for Monsanto. This is a ji3| document dated February 14, 1972. It's from H. S. imi Bergen to T. L. Gossage and copied to three other hsi individuals bearing production number TNGS 010574. This [i6| document is regarding market price for PCB incineration mi and Pydraul incineration rebate allowances on new iisj Pydraul sales purchases. [isi THE WITNESS: Okay. ,201 BY MR. DUFF: [211Q. Mr. Johnson, does this document in Q. Is that because the petroleum oil in that i8j example would be combustible? [9j A. You bet. [ioj Q. Well, did the Pydraul -- what is meant by 100 im percent PCBs here, if you know? )112 A. Well, the dielectric fluids were all 100 ii3i percent. The Therminol FR fluids were 100 percent. The imi Pydraul fluids were blends of materials. So when you nsi get down to Pydrauls, it's an obvious problem that if pq those products have been contaminated with petroleum p7i oil, in their recovery of it or even pumping out of a [isi system and that was returned to us, we ELLEN WILLIAMS & ASSOCIATES, LTD. (312)704-5250 Page 346 - Page 350 WATER PCB-SD0000044430 NORMAN T. JOHNSON, VOLUME H 08-23-95 would run the mi risk without carefully analyzing the content of the pi Pydraul, I'll start feeding it into the incinerator and ph blow it up. i22i Q. That same risk would exist if there were any pai dielectric fluids, for instance, that were contaminated p4i with petroleum oils, isn't that correct? Page 351 m A. If they had been contaminated with petroleum m oil, but the dielectric fluids were essentially Aroclor pi and triclor benzene. They didn't contain petroleum. m Q. And -- pi A. And the capacitor fluids were a hundred hi percent. in Q. And Pydraul AC by comparison, did that pi contain petroleum oil? is] A. No, it did not, but it contained other uoi materials other than phosphate ester. mi Q. And would any of the other materials in mi Pydraul AC have made it more difficult to incinerate ii3i than say dielectric fluids? ini A. I really don't know the parameters of that. iisi Q. Who was G. G. Kosup? uoi A. Gil Kosup, he was a product manager for the mi Paper Chemicals Group. iisi Q. Was that his position in 1972? iisi A. Yes. TO p. Was he involved in establishing an pH incineration policy? i22i A. Not to my knowledge. He was a product 123] manager for paper chemicals. mi Q. Do you recall any discussions with him m relating to reclamation? Page 352 i2i A. No. pi MR. DUFF: This would be an appropriate time hi to take a lunch break. 15, THE VIDEOGRAPHER: Now off the video record, hi (A luncheon recess was taken) 17, AFTERNOONSESSION1.1 August 23, 1995 hi (Witness previously sworn) hoi NORMAN T. JOHNSON, in, the witness at the time of recess, having been (i2i previously sworn, was examined and testified further as mi follows: mi EXAMINATION [Resumed] ,15, THE VIDEOGRAPHER: Now back on the video |i6) record. no, BY MR. DUFF: iisi Q. Mr. Johnson, I'd like to direct your ii9i attention to when you became director of product mi development for functional fluids and paper chemicals. Multi-PageTMTENNESSEE GAS PIPELINE COMPANY VS. MONSANTO COMPANY ph A. Right. mi Q. You stated earlier that that was in 1972, is mi that correct? mi A. I believe it was in the fall of '72. Page 353 in Q. And do you recall why you moved into that m position at that time? pi A. Because a fellow named Gil Kosup had resigned hi and gone to a company in Maryland Heights, Missouri. isi Q. And did you move into Mr. Kosup's position? hi A. Yes. pi Q. And was that a promotion for you? isi A. Yes. pi Q. Had you reported to Mr. Kosup previously? no, A. No. I reported to Tom Gossage. mi Q. So with this move you moved into a different mi chain of command, is that correct? mi A. Right. ,114 Q. Who did you report to when you became ns, director of product development for functional fluids mi and paper chemicals? ii7i A. Howard Bergen. iisi Q. So you reported directly to Howard Bergen? U9| A. Right, hoi Q. At that point, is that correct? ,211 A. Yes. mi Q. And previously you had reported directly to mi Mr. Gossage, is that correct? mi A. Correct. Page 354 m Q. And at that point Mr. T. L. Gossage had pi reported directly to Mr. Bergen? (3, A. Right. hi Q. When you became director of product hi development for functional fluids and paper chemicals, hi did you report in any way to Mr. Gossage? i7, A. No. . is, Q. Did you work with Mr. T. L. Gossage at all in hi that position? no, A. Well, we were all on a comparable level, and mi that was kind of the business group, so occasionally the mi business group would meet under Howard Bergen. And some mi of the names that you've got listed here, whether it mi would have been some of the people out of research or mi some of the people out of manufacturing, they would mi participate in that kind of meeting talking about the in, overall business of the group. Page 350 - Page 354 ELLEN WILLIAMS & ASSOCIATES, LTD. (312) 704-5250 WATER PCB-SD0000044431 TENNESSEE GAS PIPELINE COMPANY VS. MONSANTO COMPANY ini Q. And who reported to you when you became mi director of product development for functional fluids mi and paper chemicals? ' mi A. There were only three people. I don't pi remember now. It's too far back because I didn't stay pi there that long after that point. I think Richard Davis pi was one. I don't remember the rest. Multi-PageTM Page 355 in Q. And were the three people who reported to you pi responsible for both functional fluids and paper pi chemicals? hi A Yes, but the main effort at that point was isi working on paper chemical products. hi Q. And is there a trade name that you associate m with paper chemical products? hi A. Mercize was one, Scriptite was another, is) Scriptset was another. Maybe there were a couple of uoi others. mi Q. So you had moved away from concentrating on im functional fluids at that point, is that correct? mi A. Right. ii4| Q. Is that because Monsanto's business had moved iisi away from concentrating on functional fluids? ii6] A. No. Actually what you're seeing here is all ini those new products that came out, the phosphate ester im was on its way, and the main emphasis with the people mi that were located in product development were residual mi people from the paper chemicals area. And so it really pii became that. the product group was doing most of the mi development work, not the actual development people. So pi the development people had been switched to work more on mi paper chemicals. Page 356 m Q. And you testified yesterday that you were to p become the director of commercial development, right, pi shortly before you left Monsanto; is that correct? NORMAN T. JOHNSON, VOLUME II _______________________ 08-23-95 U6) A. Well, that's what you asked me before. There mi were three people, and I think one was Richard Davis, mi and I don't remember the names of the other two. iisi Q. Did you refer to the -- do you use the terms poi director of commercial development and director of ii product development for functional fluids and paper pi chemicals interchangeably? pi A. Yes, same. pi Q. During the years that you worked for Monsanto Page 357 m from 1959 to 1973 did you at any time participate in pi preparing sales brochures or technical bulletins for pi your customers? hi A. I might have reviewed some of them, but I was isi not actively in the participation of the development of hi it. hi Q. And by reviewing, what do you mean? hi A. Well, we had an advertising department. The hi advertising department would come over and we'd sit down hoi and talk about a brochure that we wanted to create or mi whatever, and then they would have the responsibility of nai going out maybe to an agency or whatever ana getting a h-h couple of recommendations which would then be reviewed ihi by the fluids group. ii$i Q. So would you review a draft of a sales ii6[ brochure, for example? ini A. Probably. We'd all get a chance to look at nsi one, yeah. iisi Q. Is that what you meant when you said you'd 1201 review it? 1211 A. Right. 1221 Q. Was that an opportunity for you to offer pi comments? i24i A. Oh, sure, and certainly make changes in the hi A. Oh, I was made director of commercial m development, and I left about six months later. i6] Q. And did you become director of commercial m development at the end of 1972? hi A. Probably, yeah, maybe in the fall. isi Q. And you left Monsanto in April of '73, is iioj that right? in] A. Right. ip Q. And when you became director of commercial pi development, who did you report to? 1. ihi A. Howard Bergen. iisi Q. And who reported to you at that point? Page 358 hi data presented or the way the story was written, 121 whatever it may be. pi Q. Were all sales brochures or technical hi bulletins presented to you for approval for functional m fluids products? 16] A. Well, certainly not at the end because I was hi involved with commercial development. But if something pi was there that was going to be created relative to the ni Pydrauls, I'm sure I had an opportunity to see it before hoi it went into publication. im Q. And in what positions would you have been 1121 when you had that responsibility for approving documents usi relating to - [mi A. The marketing manager position for industrial nsi fluids. ELLEN WILLIAMS & ASSOCIATES, LTD. (312) 704-5250 Page 354 - Page 358 WATER PCB-SD0000044432 NORMAN T. JOHNSON, VOLUME H 08-23-95 ii6i Q. And when you were marketing manager for [m industrial fluids, who would you have worked with in the im advertising department? ns] A. I don't remember. I don't. ]120 Q. Do you recall who was in charge of the pii advertising department at that time? [22] A. No, I don't. 123] Q. Do you remember the name Phil Ziegenfuss? 1241 A. Yes. Multi-Page^TENNESSEE GAS PIPELINE COMPANY VS. MONSANTO COMPANY that was ini presented. ini Q. During the period that you were either a mi salesman or managing people in sales for Pydraul 1201 products at Monsanto, did you or your salesmen ever use 1211 any films to promote your Pydraul products? 1221 A. We never had any films. We had a little -- mi at one point I remember seeing something that was a m sequence of slides. Page 361 in Q. But you don't recall any films, is that pi correct? Page 359 m Q. Would that have been the individual pi A. Yeah, Phil Ziegenfuss, that's right. He was pi in the advertising department. hi Q. Would you have worked with Mr. Ziegenfuss at hi that time? [6i A. I really don't know if Phil was involved in pi the fluids area. He might have been. Some of those hi fellows in advertising were assigned to certain groups m and some of them worked for three or four different uoi groups. mi Q. Would the people in the advertising id department rely on you to provide them with any mi information to include in any bulletins or brochures? (mi A. You mean if you're talking about technical im information or technical data on the product such as hi specific gravity and color and things of that type? im Q. Any type of information that would be used to im be included in either the bulletins or brochures? [i9i A. Well, if specification were defined, we would (201 either supply it to them or it would come out of ph research or maybe out of manufacturing. People in [221 advertising knew where to go to get that information as 1211 quick as possible. i24[ Q. And would the same apply for any Page 360 m advertisement or sales information that would be pi supplied to customers or be used to attract new 01 customers? hi A. Well, our advertising department did not hi produce anything without our request, and normally we hi would sit down with the advertising people and try and pi define the message that we wanted to get out in a m specific brochure or if we were running an ad. hi But they basically dealt with the outside 1101 agencies in coming up with layout and color and how the mi information was going to be presented in the brochure, 1121 and then we'd nave a chance to review it, and if we mi didn't like it to be on the right-hand side of the page, ha we'd ask them to move it to the left. And of course if mi there were things that we just didn't like, we would mi make major changes in maybe the verbiage pi A. No, I don't remember any films. At one point hi I think they did do some filming on an eight millimeter hi camera in fire testing, but that was never given to hi customers. That was a matter of being able to review m the fire resistance performance of the fluids. hi Q. While you were employed by Monsanto, did you pi ever belong to any trade associations? . 1101 A. Sure. mi Q. Which ones? 1121 A. Oh, the American Society of Lubrication mi Engineers was one. American Die Cast Association was mi another. And when I was involved in plastics, I was mi with the two organizations related to the plastics uq industry, but I don't remember the details or the names mi of how they addressed themselves. i>8] Q. And what was the nature of the Society of mi Lubrication Engineers? mi A. It was a national society composed of the oil 1211 companies, chemical companies and lubrication engineers 1221 from major companies across the country. mi Q. And did you attend meetings of this society? [24] A. Yes. Page 362 m Q. How often a year would you attend such 121 meetings? pi A. They would meet once a year in a major hi meeting in some city. hi Q. And what would be discussed at those hi meetings? ` hi A. Well, sometimes it was just the overall hi presentation of new lubricants, new things that could be hi used as lubricants, but there was also a small group 1101 that met talking about fire-resistant hydraulic fluids. mi Q. Did you ever discuss lubricating fluids to be 1121 used in air compressors at any of these meetings? ini A. I don't really remember that it came up, but [hi all of the companies that would be represented would nsi have had large air compressors and a question might be uq Page 358 - Page 362 ELLEN WILLIAMS & ASSOCIATES, LTD. (312) 704-5250 .............................................. ......'....... " ............ WATER PCB-SD0000044433 S TENNESSEE GAS PIPELINE COMPANY VS. MONSANTO COMPANY asked about Pydraul AC. H7] Q. Did you attend these meetings of this society iw in order to represent Monsanto? ii9i A. Yes, but we sometimes would have people from poi research who would come there to attend sessions where ph papers were presented on lubrication properties, mi industrial applications where there may be problems m m providing a suitable lubricant. 1241 Q. Do you recall any instances where anybody at Multi-PageTM Page 363 in Monsanto presented such a paper? [2] A. I was never there, but I believe Monsanto did pi present via Lou Stark a paper on some lubrication hi application for fire-resistant fluids, and it may have pi been that John Herber also made a presentation. i6i Q. And when would the time period be that you (7i attended meetings of the society of lubrication pi engineers? pi A. It would be once a year. . hoi Q. What years would that include? mi A. Oh, I'm -- I don't know that I made it every mi year, but probably sometime between 1968 and 1972. ii3i Q. And do you know where the society was based? mi A. I think their home office may be here in Park mi Ridge. Hoi Q. Park Ridge, Illinois? nil A. I think so. [isi Q. And did you attend meetings for the American mi Die Cast Association? mi A. We used to have a display at the show. mi Q. And what type of display would you have? mi A. A pretty simple booth just presenting some mi photographs of demonstrating the fire resistance of the mj fluids and maybe some photographs of equipment in which Page 364 m it was being used, like die cast machines or whatever. i2i Q. Would you only promote fluids to be used in pi die cast machines at those meetings? hi A. Well, that was the primary business, you pi know. If it wasn't in the steel industry or the die pi cast industry, the air compressor business fluids were m not the dominant part of the business. pi Q. What Pydraul fluids were used for lubricating m die casting machines? [io, A. Well, no, they weren't used for lubricating. NORMAN T. JOHNSON, VOLUME II 08-23-95 mi MR. CHAMBERS: Object to the form. ,i2, BY MR. DUFF: ip, Q. What fluids were used in die casting (mi machines? nil A. They were ail hydraulic applications. [i6] Q. Do you remember which specific Pydraul fluids im were used? mi A. Principally the F-9 and the 312 were the [isi basic products. 135 was used. Sometimes you'd have poi applications that would use 625 or later 540. (2i[ Q. Did you belong to any business groups when m you were employed by Monsanto? mi A. "Business groups" meaning what? i24i Q. Any business societies or business groups Page 365 m that were outside of Monsanto? 121 A. No. i3i MR. DUFF: At this time I have no further hi questions for the witness, p, EXAMINATION ,6, BY MR. CHAMBERS: [7i Q. I have just a few questions for you, m Mr. Johnson, pi I'd like you to look through the stack of mi exhibits before you and see if you can pull out mi Plaintiff's's Exhibit 57 which is the mailing list mi exhibit. imi A. God, we've got tons of stuff here. There's imi too many. This one? imi Q. Yes, sir. [mi A. Oh, God, there's a ream of paper. Yes, sir. ii7i Q. Do you recall when Mr. Duff asked you some mi questions about this exhibit - im A. Yes. [2o, Q. -- yesterday? [2ii A. Yes. mi Q. And this was an exhibit that contains the mi list of names of customers that Monsanto sent the mi February 2, 1970 customer letter to; is that right? hi A. Correct. Page 366 i2i Q. Let me ask you to turn to the page with the pi Bates number TNGS 004908. hi A. Oh, my God, we're way back. Here it is. pi Okay. i6i Q. And on that page do you see an address listed m for Tennessee Gas Pipeline Company? pi A. The third one down on the right-hand side. pi Q. Do you see any other addresses listed on that iioi page for Tennessee Gas Pipeline ELLEN WILLIAMS & ASSOCIATES, LTD. (312) 704-5250 Page 362 - Page 366 WATER PCB-SD0000044434 NORMAN T. JOHNSON, VOLUME II 08-23-95 Company? mi A. Yeah, the third one down on the left-hand 1121 side in Houston, Texas. mi Q. Do you know where the headquarters office for mi Tennessee Gas Pipeline Company was located in 1970? ns] A. I assume it was probably in Houston, Texas. [hi Q. Who within the Tennessee Gas Pipeline mi organization was the letter of February 2 -- I'm sonry, mi February 9, 1970 addressed to? ns) A. Director of purchasing or office of die (2oi president. mi Q. Who is it addressed to in the Houston office? mi A. In Houston it says director of purchases. mi Q. And why was the letter addressed to the mi director of purchases in Houston? Page 367 in- A. Well, the attempt was to try and reach a pi decision-maker since most corporations ended up with a pi number of purchasing people and you wanted to reach the [4| senior purchasing person, m Now, in some corporations we recognized hi they had a vice president of purchasing, but the pi decision was made to go with the director of purchases, m although you'll see others where we selected the office pi of the president, and I cannot remember the exact detail mi or reasons why we selected one versus another at any mi point in time. mi Q. What did you expect the director of purchases mi of Tennessee Gas Pipeline Company to do with the mi information that was in the February 9, 1970 letter? ns) MR. DUFF: Object to the form of the question mi to the extent it asks this witness to speculate what may im have been in someone else's mind. [i.i MR. CHAMBERS: No, I asked him what he mi expected to be done. ,120 THE WITNESS: Well, we were hoping that by [211 sending the letter to that kind of an individual he mi would either make copies of it or he would recognize the mi urgency of it and would communicate information to other mi people within their corporation, whether it's the Page 368 in engineering group or whatever, so that ultimately the pi information would filter down to the pipeline stations pi where we recognized the action had to be taken. [4, MR. CHAMBERS: I don't have anything further, m Thank you. m FURTHER EXAMINATION [7, BY MR. DUFF: pi Q. Mr. Johnson, do you know whether in fact any pi of the companies that are Multi-PageTMTENNESSEE GAS PIPELINE COMPANY VS. MONSANTO COMPANY listed -- strike that. (ioi Do you know in fact whether all of the mi companies that are listed on this mailing list that's 1121 been marked as Plaintiff's Exhibit 57 in fact received mi the letter that was sent to them? [hi A. No, but I can assure it was sent. us] Q. So that I'm clear - }116 A. Well -- im Q. I understand that you're saying that the [pi letter was sent. I'm asking you do you know in fact mi whether or not all the companies that are listed on this mi mailing list received the letter that you say was sent? pn A. It was sent registered mail, and there was a mi green card that was returned. And that seems to be the p3| problem in that those green cards which were accumulated mi recording somebody signing for the letter at that Page 369 m corporation has -- nobody knows where they are. pi Q. So you don't in fact know as you sit here pi today whether the companies that are listed on this hi mailing list received the letter that you say was sent, m is that correct? [6j A. 99.9 percent we got a card back from the U.S. pi Post Office recording that delivery was made and i somebody signed for the letter, pi Now, those that came back as (101 undeliverable we never got a green card on, and the mi girls then made an effort to search for whether the mi company was out of business or if addresses had changed mi and we could possibly reach that kind of person, mi I remember die girls being on the mi telephone trying to just go into a particular community mi where we had this company name and find out if the mi company still existed in that area so we could send them mi the letter. (i9i Q. So less than a hundred percent of the mi companies that are listed on this mailing list received pn the letter, is that correct? mi A. Well, if you say less than, I would say [23i probably one-tenth of one percent we were unable to p4[ locate and therefore the letter was not delivered. ' Page 370 m Q. Are you saying that as you sit here today you pi know in fact that that percentage of people received the pi letter? [4i A. All I can answer to that is we had one hell m of a lot of cards coming back that were signed by hi recipient companies, and those that were undehverable m came backhand I think that we may have ended up with |s) ten or 15 where there was no known address or there was w some other disclosure, and the girls took one more step 1101 to try and call into that geographical area to that mi city, see if they could get a phone number, see if they mi could find a Page 366 - Page 370 ELLEN WILLIAMS & ASSOCIATES, LTD. (312) 704-5250 f" 1 \ WATER..PCB-Sd6000044435 TENNESSEE GAS PIPELINE COMPANY VS. MONSANTO COMPANY listing on the company. Of course many mi times the people - the business is gone. [mi Q. So you don't in fact know whether or not all nsi of the people on this mailing list received the letter, mi is that correct? irn A. I would answer that by saying never in my uei life am I sure of anything to say all. nsi MR. DUFF: Thank you. I have no further poi questions. i2ii THE REPORTER: Signature? i23i MR. CHAMBERS: Yes, we're going to have the mi witness read and sign the transcript. THE VIDEOGRAPHER: Now off the video record. Multi-PageTM NORMAN T. JOHNSON, VOLUME II 08-23-95 used as ,211 fully as though signed, and the certificate will then ,221 evidence such failure to appear as the reason for mi signature being waived. mi The undersigned is not interested in the within Page 373 in case, nor of kin or counsel to any of the parties, pi Witness my official signature and seal as Notary pi Public in and for Cook County, Illinois, on thehi day of, A.D. 1995. [7| ELLEN M. WILLIAMS. C.S.R. hi Notary Public 77 West Washington Street, Suite 1110 ,91 Chicago, Illinois 60602 Telephone: (312) 704-5250 ini License No. 084-003264 Page 371 ,u COMMONWEALTH OF KENTUCKY ROWAN CIRCUIT COURT P, CIVIL BRANCH ,3, TENNESSEE GAS PIPELINE COMPANY,) ) hi Plaintiff,)) [5i vs. ) No. 94-C1-90145 ) n I MONSANTO COMPANY, ) ) m Defendant. ) m I hereby certify that I have read the foregoing pi transcripts of my deposition given on August 22, 1995 mi and August 23, 1995, at the time and place aforesaid, mi and I do again subscribe and make oath that the same are 1121 true, correct and complete transcripts of my deposition nsi given as aforesaid, with correction sheet(s). correction sheet(s) attached. 11* NORMAN T. JOHNSON SUBSCRIBED AND SWORN TO ,.8, before me this _____ day of , 1995. _______________________ poi Notary Public Page 372 1.1 STATE OF ILLINOIS ) ) SS: ,21 COUNTY OF C O O K ) ,3i The within and foregoing deposition transcripts of hi the witness, NORMAN T. JOHNSON, were taken before ELLEN pi M. WILLIAMS, C.S.R., Notary Public, at The Sheridan hi Suites Hotel, 121 North West Point Road, in the Village m of Elk Grove, Cook County, Illinois, on the 22nd and hi 23rd day of August, A.D., 1995. ,91 The said witness was first duly sworn and was then no, examined upon oral interrogatories; the questions and mi answers were taken down in shorthand by the undersigned, 1121 acting as stenographer and Notary Public; and the within mi and foregoing is a true, correct and complete record of m, all of the questions asked of and answers made by the nsi said witness, NORMAN T. JOHNSON, at the time and place mi herein above referred to. ,17, Pursuant to Rule 207(a) of the Supreme Court Rules, mi as amended, if deponent does not appear to read and sign ,19, the deposition within 28 days or make other arrangements ,201 for reading and signing, the deposition may be ELLEN WILLIAMS & ASSOCIATES, LTD. (312) 704-5250 Page 370 - Page 373 WATER PCB-SD0000044436 ... ... WATER PCB-SD0000044437 TENNESSEE GAS PIPELINE COMPANY Multi-PageTM '69 - 6 VS. MONSANTO COMPANY NORMAN T. JOHNSON, VOLUME II '69 [l] 283:10 '70 [l] 294:15 '70s [2] 337:14 '71 [l] 345:18 '12 [2] 345:18 '73 [l] 356:9 337:24 352:24 -- -[i] 300:7 003213 [i] 003240 m 003242 m 003267 m 0034240 m -0- 306:20 254:22 254:23 328:9 254:17 1 1 [16] 257:14 258:11 262:11 262:21 262:24 263:15 263:22 276:17 278:14 278:22 279:12 284:18 323:1 324:7 324:16 338:24 1110[1] 373:8 11th pi 259:1 302:20 12 m 328:6 121 [2] 250:12 372:6 1242 [2] 296:23 297:18 1242B l3] 296:20 297:12 297:14 1248 rn 299:3 1254 [xi] 269:10 277:14 277:18 277:24 278:3 284:24 285:6 285:10 286:6 287:4 299:3 1260 [xi] 269:10 277:14 277:19 277:24 278:3 284:24 285:6 285:10 286:6 287:4 299:4 13 [u 329:5 135 [4] 294:15 309:1 316:8 364:19 14 [2] 332:9 348:13 230 [i] 294:16 23rd p] 250:15 372:8 24 p] 264:3 313:10 25 [2] 296:13 309:14 25,000 [1] 320:22 250 [i] 250:8 253 [i] 252:4 254 [i] 252:9 262 [i] 252:10 266 [i] 252:11 27 [2] 264:4 296:10 276 [i] 252:12 28 p] 330:9 334:6 280 m 294:14 28202 m 251:6 292 [i] 252:13 294 [X] 252:14 298 [i] 252:15 372: 19 004013 m 293:5 004266 [i] 254:18 004340 m 307:15 004341m 330:12 004908 [i] 366:3 005029 [i] 319:7 005181 m 313:13 006209 [i] 301:21 008577 m 323:7 008584m 327:5 008700 m 276:20 008721m 332:10 008965 m 264:7 009102 m 257:15 009522 [i] 263:2 01 [i] 276:20 010574m 348:15 010577 m 010664 [X] 346:21 334:7 010665 m 331:7 010691m 329:9 010713 m 309:16 013070 m 013692m 298:19 266:12 022346 [i] 254:18 024996 [i] 254:19 036871m 307:16 063847 [i] 338:21 084-003264 m 373:11 08580m 324:17 093167 [i] 295:6 278:6 1 [7] 279:14 307:16 307:17 10 [l] 301:21 100 [5] 349:24 350:13 10th [i] 302:20 280:12 338:20 350:3 286:2 350:10 307:14 350:12 15 [3] 265:10 150 [i] 294:15 153 [i] 294:16 15th p] 286:19 17 [i] 319:5 18 [3] 307:9 180 m 261:4 19 [4] 279:7 1959 [2] 339:3 1968 [i] 363:12 1969 [7] 276:18 284:18 287:3 1970 p6] 255:23 257:14 262:21 262:24 265:7 265:18 279:8 279:14 286:7 294:21 317:18 332:1 366:14 366:18 1970sm 1971 [i6i 307:16 307:17 313:10 319:5 330:9 334:1 1972 [13] 332:9 333:8 348:13 351:18 1973 [i 357:1 1995 [8 250:15 371:10 371:18 lC[i] 278:9 330:9 286:22 307:13 309:10 357:1 278:14 317:18 253:19 258:11 263:15 270:2 280:12 296:10 334:1 367:14 339:10 279:23 309:14 323:3 341:21 324:13 333:10 352:22 253:2 372:8 370:8 287:3 307:17 341:21 278:22 255:4 262:7 263:22 270:9 283:10 304:21 345:18 301:18 309:24 324:12 331:6 334:6 356:7 352:8 373:4 346:16 279:12 255:15 262:11 264:4 279:7 283:11 307:14 365:24 302:20 312:23 329:10 331:15 346:16 363:12 371:9 2 [2] 365:24 20 [4] 307:10 207 [i] 372:17 22 [4] 253:23 227 [i] 251:6 22nd [i 372:7 23 [7] 253:2 263:5 352:8 -2366:17 307:15 255:23 257:11 371:10 308:2 332:10 262:23 347:16 371:9 263:2 3 [4] 301:18 30 m 347:14 306 [i] 252:16 31 [2] 331:6 312 pi 294:16 316:8 364:18 313 [l] 252:17 319 m 252:18 32 p] 319:7 ^?i) [1] 294-16 3282 ri 178-0 33 [2] 332:7 338 [i] 252:19 37 m 334:5 373 rn 3:UU [i] 318:8 3:30 m 318:8 -3- 312:22 333:8 309:1 373:9 331:4 332:23 324 12 316 5 332 20 324:13 316:7 -44A- [X] 00/1.11 4/25/ /U [2] 293:14 4U [X] 347:16 41 m 42 m 43 [2] 46 [i] 254:22 254:17 341:16 254:18. 254:23 346:15 47 m 254:18 348:11 293 22 341 20 5 [2] 253:2 540 m 257:22 364:20 57 m 365:11 5700 rn 251:2 J 318:19 279:10 368:12 294 :13 316:8 -6- 6 m 318:22 ELLEN WILLIAMS & ASSOCIATES, LTD. (312) 704-5250 Index Page 1 WATER PCB-SD0000044438 60 - associate Multi-PageTMTENNESSEE GAS PIPELINE COMPANY NORMAN T. JOHNSON, VOLUME II VS. MONSANTO COMPANY 60 [3] 310:3 60602 [i] 60606 [l] 62 m 338:21 625 [n 257:21 310:24 311:10 63 [5] 252:9 255:12 64 [3] 252:10 65 p] 252:11 278:10 66 [5] 252:12 280:10 67 [4] 252:13 68 [4] 252:14 69 [4] 252:15 310:6 373:9 251:3 279:9 364:20 254:5 262:17 266:6 276:12 254:19 294:18 295:6 327:22 294:13 254:6 262:18 266:7 276:13 292:23 294:19 298:11 310:2 255:9 278:9 278:13 292:24 298:10 298:14 7 PI 301:15 314:1 324:14 70 pj 252:16 704-5250 [i] 71 [6] 252:17 313:21 314:5 715 [i] 309:16 72 p] 252:18 73 p] 252:19 77 pi 373:8 -7- 312:22 324:18 306:14 373:9 298:20 318:24 338:14 313:2 306:15 313:7 319:1 338:15 313:22 313:8 8 p] 323:3 8/15/95 m 82 [i] 313:13 8593 [i] 323:8 8:30 pi 318:7 -8- 329:9 341:20 -9- 9 [8] 253:19 255:4 262:7 283:11 366:18 90 p] 260:23 316:16 90E p] 327:19 327:21 94-C1-90145 pj 95 [i] 329:9 99.9 pi 369:6 9:35 m 250:14 255:15 367:14 320:8 250:5 255:23 371:5 A-l [i] 251:9 A-200 [i] A.D p] 372:8 a.mp] 250:14 able p] 282:7 above p] absolutely p] AC p3] 257:21 265:8 265:14 279:13 280:11 287:12 288:4 304:4 309:23 -A- 294:13 373:4 282:12 325:9 261:17 257:21 266:4 286:12 288:10 310:2 361:6 372:16 292:14 260:3 279:9 286:23 294:13 310:23 311:2 260:4 279:9 287:4 294:13 311:9 316:11 316:12 316:13 337:23 339:2 339:6 351:7 351:12 362:16 accepted p] 348:2 348:4 access pj 275:4 295:22 accomplish p] 312:10 347:10 accordingly p] 299:5 account p] 305:8 305:13 306:1 accounts pj 303:13 303:22 306:8 313:12 313:24 314:7 314:16 325:7 accumulate m 335:11 accumulated m 368:23 acidp] 281:11 336:15 acidity p] 335:14 336:14 336:17 336:19 336:23 acting [i] 372:12 action pj 277:11 277:18 368:3 actions m 290:13 actively m 357:5 actual [i] 355:22 ad [i] 360:8 add[i] 322:2 added m 260:9 adding m 257:23 addition p] 277:21 339:20 additional p] 267:7 318:4 address pi 366:6 - 370:8 addressed p] 295:3 361:17. 366:18 366:21 366:23 addresses p] 366:9 369:12 advance m 260:20 advertisement m 360:1 advertising [ioj 357:8 357:9 358:18 358:21 359:3 359:8 359:11 359:22 360:4 360:6 advice [2] 269:15 269:18 advised p] 259:4 286:1 advising m 257:19 aforesaid p] 371:10 371:13 afternoon p] 253:18 318:8 again [4] 253:21 270:5 312:3 371:11 against [i] 347:17 agencies m 360:10 agency m 357:12 agenda p] 342:1 343:2 343:18 agop] 296:13 agree [1] 321:18 agreement m 291:19 ahead p] 276:9 283:22 288:23 299:23 345:23 air [6] 320:20 321:8 321:14 362:12 362:15 364:6 allow [l] 323:17 allowances m 348:17 almost [i] 268:15 along [5] 280:3 319:18 323:13 348:23 348:24 alternative p] 281:23 321:6 342:14 alternatives p] 321:11 343:2 343:4 always [3] 336:19 340:13 345:15 ambiguous p] 256:5 262:13 amended m 372:18 American p] 361:12 361:13 363:18 among [ij 295:12 amount p] 299:4 320:23 analysis m 259:23 analyze pj 283:16 283:16 339:13 analyzing m 350:19 answer [is] 257:3 285:16 305:14 305:16 315:9 315:10 322:6 322:7 322:9 322:10 326:6 326:7 326:8 326:15 342:8 345:13 370:4 370:17 answered [s] 256:24 259:20 265:22 292:21 314:15 315:16 326:6 329:1 answers m 372:14 314:21 326:16 372:11 apologize p] 269:23 342:20 appear pj 265:1 303:19 307:3 319:19 372:18 372:22 APPEARANCES m 251:1 appendices m 327:1 Appendix m 327:3 applicable m 347:24 application m 363:4 applications p] 362:22 364:15 364:20 apply pj 359:24 Appreciate m 298:12 approach p] 278:23 279:4 282:7 282:9 282:12 approaches m 279:2 appropriate p] 274:13 309:1 352:3 approval [6j 272:23 288:23 290:16 326:11 329:2 358:4 approve pj 325:23 326:4 approved p] 291:14 328:22 approving m 358:12 April [4] 279:14 280:12 330:9 356:9 areapi] 273:13 273:19 273:21 301:1 308:20 312:14 342:13 355:20 359:7 369:17 370:10 Aroclorpi] 266:11 277:18 278:3 285:6 295:5 296:9 296:20 296:23 297:12 297:14 351:2 Aroclors [6] 268:23 277:15 284:24 285:10 286:6 287:4 arrangement m 337:19 arrangements m 372:19 arrived m 347:23 arrow [i] 300:9 aside po] 257:8 264:1 270:14 291:23 294:17 298:7 301:11 322:16 330:2 331:2 asksp] 367:16 aspects p] 268:4 270:1 289:2 assigned p] 296:17 359:8 assist [6] 263:20 272:4 325:15 325:19 334:16 339:15 assistance p] 291:3 303:14 305:5 306:9 314:2 315:22 334:20 assisted m 317:24 associate [i] 355:6 Index Page 2 ELLEN WILLIAMS & ASSOCIATES, LTD. (312) 704-5250 ( WATER PCB-SD0000044439 TENNESSEE GAS PIPELINE COMPANY Multi-Page1 VS. MONSANTO COMPANY associated [i] 267:12 Benignus p] 276:19 317:13 [Association p] 361:13 363:19 ben2ene [i] 351:3 associations [i] 361:9 assume pi 258:18 assuming pj 261:21 assumption [i] 288:1 assure pj 311:15 assuring [i] 271:20 attached p] 263:14 attaching [i] 265:10 attachment pj 263:1 attempt pj 344:12 attempted [i] 281:11 attend pj 296:9 362:17 362:20 363:18 attendance [i] 324:24 attended [i] 363:7 attention [is] 260:12 303:21 312:21 314:4 320:3 320:18 324:15 343:18 352:19 287:24 288:1 368:14 263:22 263:8 367:1 361:23 278:12 317:17 326:24 366:15 371:14 263:10 362:1 299:17 319:22 338:23 Benzing [i] Bergen [17] 277:9 291:22 348:14 349:1 353:18 354:2 Bergen's p] best pj 262:9 bet [i] 350:9 between pj bigp] 286:14 biggest [l] Bill [4] 271:4 bind[i] 261:22 biphenyls pi 272:21 277:10 blend p] 327:10 blends p] block [l] 284:13 blocks [i] 343:11 255:17 333:16 349:8 354:12 331:12 268:19 337:19 340:20 265:14 271:4 256:10 282:1 327:13 327:4 284:16 271:17 334:8 349:16 356:14 333:7 337:11 363:12 283:5 269:10 297:22 327:11 attract [i] 360:2 blowp] 350:6 350:21 August p] 352:8 371:9 author pj available [123 280:5 280:7 294:5 294:16 awayp] 270:15 250:15 371:10 257:16 258:6 281:8 345:4 355:11 253:2 372:8 264:9 258:9 281:11 346:2 355:15 264:4 319:14 279:13 285:10 -B- bluep] 316:2 Board [i] Bob [i] 301:10 booth [i] boss P] 329:3 bottom [io] 293:21 297:11 319:16 319:19 bought [i] 250:13 363:22 333:16 264:12 310:3 265:13 278:8 313:2 B [5] 251:3 252:7 296:15 296:24 boy [6] 255:13 295:13 296:15 317:5 305:9 305:9 B. [l] 317:3 Brad [i] 267:17 back-orders [i] 262:3 based p] 260:21 349:4 349:10 363:13 basic [3] 322:20 333:14 basis [i] 274:12 bastardizing pj 312:9 Bates [i] 366:3 bearp] 254:17 290:6 bearing [iij 264:7 307:14 307:16 313:13 334:6 338:20 348:15 bears [16] 276:20 293:5 319:6 323:7 330:11 331:6 257:15 295:6 324:16 346:21 became pj 306:4 352:19 353:14 354:4 356:12 become pj 308:18 Bedford [i] 337:16 beginning [i] 317:18 begins [i] 322:9 behalf pj 251:4 belong pj 361:9 below [i] 349:13 benefit [i] 326:9 300:15 364:19 298:19 327:4 263:1 306:20 328:8 339:3 354:18 356:2 251:8 364:21 311:14 301:20 332:10 266:12 309:15 329:8 345:18 355:21 356:6 Bradford ps] 308:18 309:3 319:15 320:19 325:24 328:16 330:23 332:11 348:24 348:24 Bradford's [l] BRANCH p] break [5] 312:15 352:4 brief [3] 277:13 brochure [ioj 339:4 344:24 360:8 360:11 brochures [4] 359:18 brought pj Brown pj build [3] 340:22 building p] 284:10 284:12 buildings [i] bulletin p] bulletins [4] 359:18 burden [3] business [is] 301:20 313:2 321:5 329:11 333:5 313:4 250:2 312:16 318:20 337:24 345:16 357:2 290:6 317:6 345:2 284:4 284:14 284:11 338:6 357:2 259:21 277:9 303:11 313:11 323:4 330:10 341:20 371:2 330:3 323:23 338:4 357:10 358:3 318:6 317:7 345:23 284:6 338:7 358:4 314:18 315:23 associated - Chicago NORMAN T. JOHNSON, VOLUME II 276:18 334:19 353:17 320:14 349:9 354:11 354:12 354:17 355:14 364:4 364:6 364:7 364:21 364:23 364:24 364:24 369:12 370:13 buypj 281:11 309:1 345:3 347:15 -c- 335:6 283:19 C [12] 301:19 319:5 323:3 332:11 346:18 C.S.R[3] calls [3] 272:13 camera [i] cannot [i] capability [i] capacitor [i] 303:11 327:3 372:2 250:11 273:5 361:5 367:9 336:4 351:5 307:23 329:11 372:5 273:9 313:11 330:9 373:7 272:20 297:23 350:14 card [3] 368:22 cards P] 368:23 carefully pj Carl p] 305:23 Carolina pj cartp] 282:17 369:6 370:5 350:19 306:1 251:6 369:10 261:10 casern 264:16 327:14 341:19 cases p] 275:18 321:24 322:9 266:2 373:1 310:21 301:16 311:4 311:3 311:20 293:12 316:18 305:9 307:24 319:5 324:13 330:20 346:19 340:21 339:2 357:16 cast [5] 361:13 363:19 364:6 casting pj 364:9 ceasing [i] 278:2 central p] 337:16 cents [4] 347:12 347:14 certain pj 337:3 certainly [4] 291:15 358:6 certificate [i] 372:21 certify [i] 371:8 chain [i] 353:12 CHAMBERS [37] 256:23 258:13 259:19 267:21 285:2 285:12 295:14 298:12 299:20 305:10 305:15 314:14 323:16 326:5 326:8 328:24 329:7 342:16 364:11 365:6 367:18 chance p] 357:17 changed [4] 369:12 264:18 364:1 364:13 347:16 359:8 334:23 251:7 262:12 292:20 300:22 315:2 326:16 343:23 368:4 360:12 303:12 364:3 349:19 357:24 256:4 265:21 295:10 301:8 315:15 326:20 344:14 370:22 308:18 359:13 changes p] changing [i] 357:24 360:16 257:20 284:7 339:6 359:13 347:8 320:10 characteristics [l] charge pj 320:21 Charlotte [ij 251:6 checked p] 286:19 chemical p] 292:6 355:5 355:7 361:21 chemicals [ii] 306:4 352:20 353:16 354:5 355:20 355:24 356:22 chemistry [i] 302:22 Chicago [2] 251:3 281:16 349:18 286:22 292:6 351:17 354:20 373:9 358:20 331:17 351:23 355:3 ELLEN WILLIAMS & ASSOCIATES, LTD. (312) 704-5250 Index Page 3 WATER PCB-SD0000044440 chlorinated - dated Multi-PageTMTENNESSEE GAS PIPELINE COMPANY NORMAN T. JOHNSON, VOLUME H VS. MONSANTO COMPANY chlorinated [5] 272:21 297:22 choose [i] CIRCUIT pi city [2] 362:4 CIVIL p] clarified p] Clay [i] 305:23 clear [6] 254:20 304:13 368:15 coach p] 256:10 280:17 250:1 370:11 250:2 258:14 254:21 314:20 269:10 371:1 371:2 258:15 283:17 326:13 272:19 304:13 considered p] 343:3 considering p] 278:23 consistent p] 269:18 consistently p] 308:15 constantly p] 275:22 consumers p] 273:20 contact [6] 258:3 263:18 273:13 274:9 contacting [i] 272:2 contain [5] 255:8 351:3 351:8 279:3 337:2 344:20 258:4 290:18 262 :1 328 :3 corrosion p] COSt [5] 315:21 340:14 counsel p7] 262:21 264:8 294:22 298:16 309:11 313:14 329:6 330:10 338:18 346:18 country p] County [4] 373:3 327:16 316:3 254:9 266:10 301:16 319:4 331:5 348:12 261:1 250:14 328:1 316:7 257:12 276:15 306:18 323:6 332:8 373:1 263:13 372:2 336:21 316:13 259:20 293:3 307:11 328:8 334:7 361:22 372:7 coal[i] 280:3 coast [i] 273:12 coking p] 280:5 281:13 collect p] 335:20 345:19 color p] 359:16 360:10 column [i] 297:21 combination [i] 327:14 combustible [i] 350:8 coming p] 360:10 370:5 command [i] 353:12 commencing pj 250:14 comment [i] 337:12 comments [i] 357:23 commercial pi 279:8 356:2 356:4 356:6 356:12 356:20 358:7 commercially [i] 280:12 committee [3] 270:20 271:13 343:7 COMMONWEALTH p] 371:1 250:1 communicate [i] 367:23 communications p] 275:2 283:13 community [i] 369:15 companies [i3] 265:15 304:15 340:6 361:21 361:21 361:22 362:14 368:9 368:11 368:19 369:3 369:20 370:6 company psj 274:11 274:13 304:10 304:15 346:5 353:4 367:13 369:12 371:3 371:6 250:3 283:14 318:14 366:7 369:16 250:6 304:6 336:4 366:10 369:17 263:11 304:10 336:6 366:14 370:12 comparable [i] 354:10 comparison p] 351:7 compatible p] 260:5 competition p] 347:17 complained p] 340:14 complete p] 371:12 372:13 completely p] 260:5 320:14 complex p] 284:8 comply p] 287:13 291:16 composed p] 361:20 compressor [5] 286:13 320:20 321:8 321:14 364:6 compressors p] 362:12 362:15 concentrating p] 355:15 265:16 355:11 concept p] 312:9 339:19 349:3 conjunction p] 313:22 consider p] 321:13 contained [6] 256:10 264:17 269:10 281:1 350:4 351:9 contains p] 365:22 contaminants p] 335:14 contaminated [4] 350:23 351:1 335:21 350:16 content p] 350:19 context p] 274:9 313:22 324:19 continue p] 323:18 347:20 continued p] 250:10 continuing p] 253:14 contracted p] 288:22 contractor [i] 337:18 control [i] 336:24 conversations [3] 349:11 272:17 275:10 conversion p] 271:21 320:9 convert p] 336:17 347:8 converted p] 303:1 Cook p] 250:13 372:7 373:3 coordinate p] 267:10 268:1 268 8 269:11 270:13 coordinated p] 291:18 coordination p] 271:18 276:7 copied [] 276:19 295:4 301 19 313:12 323:4 329:12 346:19 348 14 copies p] 265:10 265:23 267 8 304:23 307:19 367:22 copy [33] 254:9 264:8 266:9 298:16 300:14 309:11 313:13 328:7 328:17 331:4 332:7 342:17 342:19 257:12 276:15 301:16 319:3 328:20 333:14 346:17 262:21 293:2 306:17 323:6 329:6 334:7 348:11 263 4 294 22 307 10 328 6 330 10 338 17 corner pi 308:8 corporation [4] 288:24 345:22 367.24 369:1 corporations p] 367:2 367:5 correct pi] 260:16 261:8 269:20 269:21 275:21 277:12 279:24 280:13 303:14 307:24 311:19 316:24 331:19 339:23 353:12 353:20 356:3 361:2 370:16 37.1:12 254:1 263:5 271:11 277:22 281:21 310:24 317:1 349:5 353:23 366:1 372:13 259:12 263:8 271:12 279:14 287:5 311:10 319:20 350:24 353:24 369:5 259: 18 263: 12 274:23 279: 16 288: 1 311: 13 321: 5 352:23 355: 12 369:21 correction p] 371:13 371:14 couple [5] 272:4 283:20 340:6 355:9 357:13 course pj 290:19 318:8 335:14 336:14 360:14 370:12 court [4] 250:1 298:12 371:1 372:17 cover [i] 265:24 create p] 357:10 created p] 277:7 322:21 324:11 335:24 358:8 credit [i] 347:12 cresols p] 280:5 281:12 cresylic p] 281:11 Cuming p] 270:4 cumyl [4] 327:23 297:5 297:8 297:9 cumyl-nonyl p] 295:20 296:5 customer po] 275:11 275:15 303:20 306:7 333:21 334:1 343:1 365:24 257:20 287:8 310:13 335:10 262:1 289:16 312:12 335:15 272:7 290:15 314:7 335:20 customers [99] 257:24 259:6 259:15 259:18 263:17 264:18 265:12 265:13 267:4 267:7 268:18 268:20 270:8 270:16 272:3 272:9 273:14 273:15 283:24 285:11 290:1 291:6 304:21 305:2 310:8 311:2 325:16 325:20 333:11 335:5 339:19 340:4 344:16 344:17 346:4 346:8 348:2 357:3 365:23 253:20 259:7 259:24 264:21 265:20 267:9 268:21 271:14 272:14 274:22 286:1 302:24 306:19 321:12 331:18 337:23 341:10 345:8 347:8 360:2 256:22 259:9 260:3 264:23 266:2 267:12 269:6 271:21 273:7 279:13 286:3 303:17 309:1 321:15 331:21 339:9 344:8 345:9 347:15 360:3 257:2 259:11 261:23 265:6 266:12 268:3 270:1 272:2 273:8 281:5 288:16 304:17 309:5 322:1 332:13 339:16 344:12 345:12 347:20 361:6 D[6] 252:1 296:15 341:22 Dale [4] 274:2 damn [i] 312:9 DAO [i] 300:4 data p] 276:8 288:2 358:1 date p] 268:12 dated p7] -D276:18 274:4 287:9 359:15 280:9 257:14 296:14 274:7 287:20 302:17 276:17 296:15 306:12 287:22 294:21 Index Page 4 ELLEN WILLIAMS & ASSOCIATES, LTD. (312) 704-5250 v. WATER PCB-SD0000044441 TENNESSEE GAS PIPELINE COMPANY Multi-PageTM VS. MONSANTO COMPANY 301:18 307:13 319:5 323:3 333:8 334:6 Dave [l] 306:12 307:15 330:9 346:16 307:17 331:6 348:13 309:13 332:9 354:5 354:19 355:19 355:22 355:23 356:2 356:5 356:7 356:20 356:21 357:5 358:7 devise p] 347:1 348:22 Davidson pi 323:4 326:1 329:12 devised [i] 349:5 Davis [2] 354:23 356:17 devising [i] 346:7 days [7] 260:24 310:6 320:9 DE [i] 336:17 deal[i] 301:3 dealt [i] 360:9 December [io] 279:12 284:18 323:3 329:9 decided [i] decision m 281:19 282:23 367:7 261:4 372:19 276:17 286:19 349:17 280:15 333:6 273:22 278:14 286:22 280:17 339:21 310:3 278:22 287:3 281:14 345:22 diatomaceous [5] 336:10 337:10 338:10 diem 361:13 363:19 364:5 364:9 364:13 dielectric m 350:12 351:13 different p] 284:4 336:22 336:22 337:4 359:9 difficult p] 320:13 difficulty [i] 295:11 diphenyl p] 295:20 335:13 364:1 350:23 284:12 339:4 351:12 296:5 decision-maker p] Defendant p] 250:7 define [4] 360:7 256:9 defined pi 328:2 deliver [i] 259:14 delivered [i] 369:24 delivering [i] 260:24 delivery [i] 369:7 demonstrating [i] department pa] 256:15 257:5 288:11 289:20 290:10 290:12 291:2 291:17 300:24 301:7 333:20 333:24 343:13 358:18 358:21 359:3 departments pj 290:5 depleted [5] 260:14 261:15 261:18 deponent [i] 372:18 deposition p] 250:10 313:4 371:9 371:12 372:20 design [i] 350:2 designate [i] 296:24 designated [i] 290:5 designations [3] 257:22 designed pj 343:7 desire [i] 281:6 desk[i] 283:6 destroy pj 350:3 detail [i] 367:9 details [io] 256:7 288:7 290:4 291:15 349:20 361:16 determine [i] 339:13 determined [i] 286:22 Detroit [i] 273:19 develop [i] 336:15 developed pj 258:18 developing [i] 339:8 development pi] 284:2 284:9 343:13 333:15 251:8 325:6 359:19 363:23 256:17 289:22 291:2 318:5 357:8 359:12 302:21 261:7 253:14 372:3 284:12 349:24 350:3 256:10 317:9 296:4 271:8 352:20 367:2 371:7 343:2 256:20 290:3 291:16 333:18 357:9 360:4 261:12 253:15 372:19 316:10 350:4 270:11 323:12 279:8 353:15 direct [12] 274:11 317:17 319:22 320:3 326:18 326:23 343:18 directed m 339:12 directing p] 260:12 314:4 338:23 direction [i] 310:15 directly p] 261:12 314:17 325:8 353:18 director [is] 277:8 352:19 353:15 354:4 356:4 356:6 356:12 366:19 366:22 366:24 disagree [i] 281:22 disclosure [i] 370:9 discontinued [i] discontinuing pj 277:18 discuss pi 275:3 343:7 349:3 362:11 discussed p] 341:9 362:5 discussing [i] 309:3 discussion pj 270:12 302:23 347:4 discussions m 256:11 275:20 341:7 347:6 display p] 363:20 disposal p] 349:24 343:20 dispose p] 344:13 distillation m 336:5 distilled p] 297:18 distribute m 267:3 distributed m 304:3 Distributing p] 304:6 distributor p] 265:11 266:11 304:2 304:12 distributors m 265:6 266:4 267:3 267:8 division pj 337:16 doctor [i] 289:7 document [140] 254:22 257:18 262:23 263:1 303:21 320:18 352:18 278:12 272:5 353:22 277:9 354:19 356:20 367:7 286:4 269:8 340:4 344:21 272:24 270:7 351:24 363:21 344:6 345:20 297:19 304:10 265:13 265:9 304:19 343:14 254:23 264:1 Dave-Duff NORMAN T. JOHNSON, VOLUME II 355:22 356:13 336:8 364:3 351:2 304:15 353:11 297:9 312:20 324:15 299:17 264:14 269:4 277:4 280:9 294:10 295:17 299:1 300:12 301:24 306:23 309:13 310:22 313:19 319:4 319:23 323:7 324:6 328:8 329:16 330:9 330:24 332:9 334:17 341:17 342:4 346:16 348:16 266:10 270:14 277:6 291:23 294:17 298:7 299:6 300:14 302:2 307:1 309:15 311:8 314:8 319:10 320:19 323:11 324:9 328:13 329:19 330:11 331:2 332:16 334:21 341:19 342:6 346:18 348:21 266:15 276:11 277:7 293:2 294:21 298:9 299:9 300:17 302:4 308:3 309:19 312:21 314:13 319:14 322:16 323:15 324:11 328:18 329:22 330:15 331:6 332:19 335:3 341:21 342:12 346:20 266:17 276:17 277:17 293:8 294:24 298:17 299:13 301:11 303:22 308:8 309:21 313:1 316:19 319:17 322:20 323:17 324:13 329:8 329:22 330:17 331:10 332:22 338:19 341:23 343:6 346:24 269:1 276:23 278:13 293:20 295:8 298:23 299:18 301:20 306:18 309:9 310:10 313:17 318:24 319:20 323:2 324:4 327:1 329:10 330:2 330:21 331:13 334:12 338:24 341:23 343:19 348:13 314:9 354:2 349:9 356:2 356:20 367:12 documents [i3] 254:11 254:16 254:21 255:2 255:12 265:17 295:12 doesn't [2] 285:15 dominant [i] 364:7 Don [12] 253:24 255:16 294:3 300:3 305:17 339:11 342:13 343:3 254:11 255:7 307:8 348:2 255:20 305:20 254:13 255:8 358:12 271:17 306:5 269:9 done [ii] 270:3 288:22 290:24 319:15 367:19 doubt p] 270:4 304:11 340:10 287:18 306:11 341:9 288:21 308:17 343:4 344:22 down [14] 280:4 290:20 357:9 360:6 372:11 268:11 305:1 366:8 272:20 348:5 366:11 275:15 350:15 368:2 302:6 270:11 Dr p] 271:4 291:8 291:21 draft pj 328:14 357:15 drafted [i] 271:7 292:18 328:15 265:19 284:3 300:19 332:3 288:12 300:23 332:19 drafting pj 255:14 308:16 drafts [i] 255:4 344:9 drain [i] 322:2 drains [i] 335:11 drawn [i] 328:15 dream [i] 280:2 drop [i] 299:5 dropped [l] 299:3 304:15 drum p] 287:12 311:11 266:3 drums [i] 290:21 Duane [i] 271:5 265:20 257:16 264:2 Duff [124] 254:4 254:8 257:3 257:7 262:20 263:3 267:14 267:16 276:11 276:15 285:8 285:17 251:3 254:16 258:21 266:5 267:23 276:21 292:22 252:4 254:24 260:2 266:9 274:14 278:10 293:2 253:9 256:12 262:16 266:13 274:19 278:11 293:6 ELLEN WILLIAMS & ASSOCIATES, LTD. (312) 704-5250 Index Page 5 WATER PCB-SD0000044442 duly - five Multi-PageTMTENNESSEE GAS PIPELINE COMPANY NORMAN T. JOHNSON, VOLUME II____________ VS. MONSANTO COMPANY 294:17 298:7 301:11 306:13 309:9 312:19 315:5 319:3 322:24 326:9 328:12 330:7 332:14 338:13 341:13 343:5 346:23 364:12 370:19 294:21 298:16 301:14 306:17 309:17 313:6 315:7 319:8 323:9 326:13 329:4 330:13 333:1 338:17 342:2 344:4 348:10 365:3 duly [i] 372:9 dump p] dumped [i] during [3] duties [i] 294:23 298:21 301:22 306:21 311:6 313:10 315:12 322:5 323:20 326:18 329:8 331:2 333:9 338:22 342:7 344:17 348:20 365:17 335:22 336:20 261:23 333:10 295:12 299:24 305:14 307:8 311:7 313:15 315:19 322:8 324:2 326:22 329:14 331:9 334:4 341:1 342:11 344:18 352:3 367:15 340:16 356:24 295:16 301:5 305:18 307:18 312:16 314:20 318:23 322:11 326:7 328:5 330:2 332:6 334:10 341:4 342:19 346:14 352:17 368:7 360:18 -E- E[7] 252:1 252:7 296:14 296:15 343:11 352:7 352:7 early [4] 283:10 285:24 337:14 339 10 earth p] 335:13 336:8 336:10 337 8 337:10 338:10 338:11 ease [i] 347:7 easier [i] 350:2 east [i] 345:24 easytu 321 :il effect [i] 347:23 effective [i] 347:13 effort [5] 267:10 268:1 269 11 355:4 369:11 efforts p] 268:7 269:5 270 13 eight p] 295:3 361:4 either [5] 294:6 359:18 359 20 360:18 367:22 eliminate [i] 275:24 Elk p] 250:13 372:7 ELLEN pi 250:11 372:4 373.7 emphasis m 355:18 employed pj 361:8 364:22 employees [i] 318:13 encouraging [i] 340:20 end [6] 273:19 279:5 317:18 322:10 356:7 358:6 ended p] 367:2 370:7 engineering pj 339:18 368:1 engineers [5] 344:23 361:13 361: 19 361:21 363:8 England [x] 281:12 enormous p] 272:11 336:11 ensure pj 273:5 274:21 ensuring [i] 291:4 entire pj 308:19 334:18 entitled i] 258:14 entity [i] 303:23 equipment 6] 338:2 338:8 345 :1 345:6 345:17 363:24 essentially pj 280:4 351:2 established [i] 346:13 establishing i] 351:20 ester [25] 271:8 282:7 282:9 283:22 284:2 320:7 320:15 339:21 340:16 355:17 279:6 282:12 296:1 327:23 340:18 280:3 282:21 302:23 335:23 347:9 280 :6 283 :7 303 :2 336:2 351 :10 ester-containing [ij 325:20 ester-type [i] 282:5 esters po] 280:11 280:19 281:10 281:15 302:7 302:8 347:15 347:21 279:9 280:24 281:21 302:11 279:12 281:2 282:16 302:14 279 :22 281 :6 282 :21 327 :15 evaluated [i] 288:7 everybody p] 273:22 305:12 316:1 evidence [i] 372:22 exact p] 345:20 367:9 exactly [i] 310:19 Examination [5] 252:4 253 8 352:14 365:5 368:6 examined p] 253:6 352:12 372 10 example pj 350:8 357:16 except p] 263:7 277:24 307 20 exclusive [i] 317:14 excuse [i] 267:18 exhausted [i] 262:4 exhibit [73] 254:10 255:9 262:16 262:18 266:5 266:7 278:7 278:9 292:23 292:24 298:14 301:15 307:15 307:17 312:22 313:3 313:21 313:22 319:1 323:1 328:6 329:5 332:20 332:22 341:16 341:17 365:11 365:12 252:8 255:9 262:23 276:12 278:10 294:18 306:13 308:2 313:7 313:24 324:7 330:8 334:5 341:19 365:18 254:5 255:12 263:5 276:13 278:13 294:19 306:15 309:10 313:7 314:5 324:16 331:4 338:14 346:15 365:22 254 6 257 11 264 3 278 5 280 10 298 10 307 13 309 11 313 8 318 24 324 18 332 7 338. 15 348: 11 368: 12 exhibits [4] 365:10 257:8 307:9 307:10 exist p] 258:7 258:8 261:11 275: 19 294:14 312:7 350:22 existed p>] 271:18 296:6 310:20 339:2 369:17 existence [i] 260:19 existing p] 260:13 271:6 297:3 309:23 310:14 311:9 expect [i] 367:12 expected pj 335:4 367:19 expense [i] 320:23 expensive p] 321:20 321:21 expert [i] 301:13 explained p] 338:1 338:2 explains [i] 285:19 extent[6] 285:3 285:13 299:21 301:1 343:23 367:16 -F- F[i] 352:7 F-9 [i3] 264:17 264:18 264:20 264:24 265:14 266:2 266:3 294:13 310:2 310:23 311:9 316:14 364:18 facep] 316:2 341:18 facilities p] 295:21 339:16 fact [26] 255:22 259:11 259:17 271:16 277:11 287:1 288:2 368:8 368:10 370:2 370:14 258:5 261:20 279:22 293:12 368:12 258:22 263:4 280:21 307:23 368:18 259:7 263:14 286:6 346:11 369:2 Factory [i] 272:23 fail [i] 292:11 failed [i] 283:6 failure [i] 372:22 fall [2] 352:24 356:8 Fallon [i] 276:19 familiar [4] 346:13 288:22 292:1 337:7 family [i] 318:15 far p] 340:11 354:22 fashion [i] 301:4 February [17] 253:19 255:4 255:15 255:23 262:7 283:11 304:21 307:14 307:15 307:17 334:6 341:21 348:13 365:24 366:17 366:18 367:14 feeding [i] 350:20 feeling pj 348:5 348:6 348:7 fellow p] 271:5 353:3 fellows [i] 359:8 felt pj 321:13 few [2] 287:15 365:7 field [9] 272:2 272:7 272:9 272:13 279:7 303:12 308:18 324:20 331:16 filled [l] 287:23 filling [i] 290:21 filming [i] 361:4 films [4] 360:21 360:22 361:1 361:3 filterp] 335:14 336:17 368:2 filtering [i] 338:3 filtration [i] 336:13 filtrations [i] 336:12 finalized [i] 328:23 . finally pj 291:18 349:8 Findett p] 336:7 337:17 finish [i] 330:16 fire [6] 280:7 281:4 337:20 361:5 361:7 363:23 fire-resistant [5] 320:16 338:20 340:7 362:10 363:4 first [16] 254:20 254:22 271:9 275:9 280:16 283:4 285:19 296:19 297:2 298:18 299:9 299:17 324:19 327:16 341:24 372:9 five [5] 254:10 254:11 254:13 346:19 349:19 Index Page 6 ELLEN WILLIAMS & ASSOCIATES, LTD. (312) 704-5250 WATER PCB-SD0000044443 TENNESSEE GAS PIPELINE COMPANY Multi-PageTM floor-ID VS. MONSANTO COMPANY NORMAN T. JOHNSON, VOLUME H floor p] 268:10 335:11 fluid [is] 268:3 271:15 271:22 275:17 320:22 322:2 322:3 336:19 338:20 339:14 fluids [83] 267:11 267:13 271:23 272:10 277:19 281:7 303:10 304:3 320:5 320:16 328:10 329:10 338:3 338:12 340:15 342:14 345:5 345:8 346:3 347:2 350:12 350:13 351:5 351:13 354:19 355:2 357:14 358:5 361:7 362:10 364:2 364:6 254:14 268:21 272:10 281:17 308:20 322:19 336:13 339:16 342:24 345:9 348:23 350:14 352:20 355:12 358:15 362:11 364:8 foam [i] 328:1 focus [l] 324:23 follow [1] 349:13 follow-up [1] 264:15 followed [3] 271:7 follows PI 253:7 foregoing [3] 371:8 form [is]256:4 258:13 265:21 267:21 285:2 292:20 299:20 305:10 326:5 344:14 364:11 formed [2] 270:20 former [i] 318:13 formulated [5] 277:23 287:5 297:16 formulating [2] 275:7 formulation p] 258:7 292:16 296:6 formulations [19] 258:9 258:17 260:4 260:10 260:15 261:8 294:14 310:11 310:12 312:12 320:8 forward [ij 265:12 forwarding [ij 267:8 found [i] 295:14 foundry [,] 337:16 four [3] 292:21 318:6 fourth [i] 324:16 Fowlkes [i] 271:5 FR[i] 350:13 frame p] 265:7 free pi 320:21 323:14 front [4] 254:1 265:17 full [1] 291:19 fuller's [2] 337:7 fully p] 320:7 372:21 functional [i6] 254:13 267:13 268:2 269:16 353:15 354:5 354:19 355:15 356:21 358:4 furnish m 342:17 271:11 284:2 335:12 340:22 263:13 268:22 274:10 282:5 314:9 323:2 337:2 340:8 344:13 345:15 349:24 350:23 353:15 355:15 358:17 363:4 364:13 284:1 352:13 372:3 259:19 285:12 314:14 367:15 271:13 285:1 292:12 264:19 257:20 260:5 261:11 310:13 359:9 295:20 300:9 338:11 266:19 300:16 355:2 271:15 316:13 335:12 340:22 266:20 269:16 274:22 300:16 314:16 325:24 337:21 340:12 344:21 345:19 350:4 351:2 354:5 356:21 359:7 363:24 364:16 321:15 372:13 262:12 292:10 315:15 285:7 287:16 258:5 260:9 261:16 312:12 313:1 267:11 352:20 355:12 ............... -G- G [3] 276:19 351:15 351:15 gallon p] 347:14 347:16 gallons [i] 320:22 gas [is] 250:3 274:1 274:5 274:11 303:19 303:20 340:9 341:7 366:7 366:10 366:14 367:13 371:3 gather [i] 257:19 GE[i] 339:22 general [6] 265:18 273:10 337:15 339:24 348:1 generally [i] 269:5 generated p] 265:3 331:21 generation p] 276:1 297:1 geographical p] 273:13 370:10 Gil p] 351:16 353:3 girls [5] 318:3 318:6 369:11 370:9 given [io] 269:12 269:19 273:18 275:17 288:23 310:15 371:9 371:13 GM[i] 340:1 God [6] 283:9 284:7 312:9 365:16 366:4 gone p] 283:12 353:4 370:13 good [3] 253:10 282:3 283:14 Gossage pi] 313:12 319:6 329:3 329:12 346:19 348:14 354:1 354:6 255:21 323:4 329:20 349:1 354:8 294:4 326:3 333:15 353:10 government pi 287:13 Grade p] grades pj 257:21 279:9 281:17 gravity [i] 359:16 great [i] 342:8 green p] 368:22 368:23 369:10 ground [i] 336:11 group [49] 266:18 266:19 267:2 267:11 269:8 270:23 274:21 275:21 277:13 277:19 291:12 300:16 308:19 315:22 331:17 331:17 354:12 354:17 368:1 254:10 266:20 267:13 271:6 276:3 277:24 303:11 317:12 343:9 355:21 254:23 266:22 268:2 272:4 276:5 278:2 306:4 321:3 351:17 357:14 grouped [i] 254:12 groups [6] 277:21 359:8 364:21 364:23 364:24 Grove p] 250:13 372:7 guess pi 278:9 336:11 Gulf[2] 304:4 305:3 274:9 340:12 366:16 273:19 349:22 297:2 369:14 273:12 361:5 365:13 301:19 326:12 335:7 353:23 294:13 263:13 267:1 268:3 272:6 277:12 281:7 306:5 324:20 354:11 362:9 359:10 H [5] 348:13 half[i] 252:7 284:13 -H- 276:18 323:4 329:11 Hall [i] 306:12 handbook p] 325:4 handing [i] 328:7 handle p] 321:24 handled [6] 274:2 314:17 337:1 337:17 handling p] 272:3 handwriting ps] 293:10 293:13 293:15 293:21 294:1 294:6 298:3 298:5 299:8 301:12 307:1 307:3 308:7 308:10 327:7 330:1 handwritten p] 306:19 HANLEY [i] 251:2 happening pj 272:19 hard [i] 347:17 Hatton pi 274:3 head p] 289:21 296:16 heading [i] 254:13 headquarters [ij heat [i] 304:2 HEDLUND [i] 251:2 Heights [i] 353:4 heldp] 324:22 hell [l] 370:4 HELMS [i] 251:5 help [6] 256:8 291:1 330:20 331:13 helped p] 262:10 347:1 348:22 helps [l] 336:13 Herberpj 271:7 hereby p] 371:8 herein [i] 372:16 higher p] 272:19 highly pi 296:23 home p] 274:12 363:14 hopep] 315:18 hoped p] 314:11 hoping [i] 367:20 horse p] 282:17 hosep] 340:21 Hotel p] 250:12 372:6 Houston [8] 303:23 366:12 366:15 366:21 Howard p6] 255:17 291:22 331:11 333:6 334:19 335:6 349:8 353:18 354:12 356:14 hundred p] 351:5 hydraulic po] 322:18 328:10 329:10 338:20 362:10 364:15 hygienist p] 289:8 325:11 325:7 274:11 306:1 255:8 293:17 294:7 299:12 307:6 329:18 329:13 274:4 366:13 298:13 262:14 363:5 347:16 297:18 314:15 305:20 366:22 271:17 333:16 349:16 369:19 323:2 340:8 314:9 306:2 255:11' 293:18 297:24 299:15 307:20 329:21 274:8 324:21 265:18 297:19 314:22 306:5 366:24 277:9 334:8 353:17 325:23 340:16 IC [l] 278:9 ID [I] 252:8 -I- ELLEN WILLIAMS & ASSOCIATES, LTD. (312)704-5250 Index Page 7 WATER PCB-SD0000044444 idea - letter Multi-Page^TENNESSEE GAS PIPELINE COMPANY NORMAN T. JOHNSON, VOLUME II VS. MONSANTO COMPANY idea [i] 294:11 interchangeable [i] 337:12 kinds [i] 308:14 identification [ii] 254:7 262:19 266:8 276:14 293:1 294:20 298:15 306:16 313:9 319:2 338:16 identified p] 295:12 300:23 II[i] 250:8 Illinois [8] 250:14 251:3 340:6 363:16 372:1 372:7 373:3 373:9 immediately p] 275:17 282:20 in-house [i] 275:8 incidents [i] 340:15 incinerate p] 345:9 351:12 incinerated [i] 322:14 incinerating pj 320:23 346:2 incineration [16] 344:10 345:11 346:4 347:2 347:24 348:16 349:5 349:14 349:19 342:23 346:7 348:17 351:21 344 :3 346 :17 348:23 incinerator pj 321:23 345:19 34521 345:23 346:1 346:2 349:23 350:6 350:20 incinerators [i] 322:12 include p] 272:24 359:13 363 10 included pj 257:21 359:18 including [4] 323:5 332:11 341 22 346:20 increased [i] 315:23 Indiana [i] 337:16 indicated [4] 294:14 306:3 320 14 328:20 indicates p] 310:22 328:14 332 23 individual p] 306:6 317:15 333 20 333:24 342:24 359:1 367:21 individually [i] 254:11 individuals [ii] 295:3 295:4 301 19 309:15 318:10 323:5 332:11 341 22 343:6 346:20 348:15 indulgence [i] 270:5 industrial [i6] 277:19 278:16 284 17 303:10 308:20 314:16 320:4 322 18 323:2 325:23 328:10 329:10 331 17 358:14 358:17 362:22 industry pj 280:3 280:4 320 22 321:9 361:16 364:5 364:6 information ps] 259:15 259:24 275.4 290:6 290:18 335:1 339:5 341.8 341:14 359:13 359:15 359:17 359.22 360:1 360:11 367:14 367:23 368-2 interchangeably [i] 356:22 interested pj 275:14 372:24 interim [4] 284:1 282:3 282:15 interrogatories PI 372:10 interruption pj 318:20 323:23 inventoried p] 320:8 inventories pj 275:18 310:14 inventory p4] 260:18 261:6 261:17 273:2 310:1 310:16 311:2 311:9 312:6 257:24 261:9 275:5 310:17 311:12 258:7 261:12 275:12 310:19 311:16 investment p] 340:24 involved p3] 255:16 255:17 256:9 291:14 295:18 309:7 347:3 351:20 358:7 359:6 involvement [i] 337:18 283:23 342:9 260:13 261:14 309:23 310:23 311:21 255:20 343:14 361:14 J [3] 276:19 January p6] 301:18 302:20 324:12 324:13 333:8 333:10 JASp] 341:20 Jimp] 301:9 job pj 308:18 John p] 251:2 Johnson [64] 253:4 253:10 266:15 267:20 293:8 293:13 298:22 301:14 306:22 307:19 313:11 313:16 319:9 322:12 326:23 328:13 330:14 332:12 339:12 339:20 344:19 346:20 352:18 365:8 372:15 July p] 286:2 June po] 257:14 262:21 262:24 294:21 -J- 323:4 279:7 309:14 331:6 346:16 271:7 250:10 256:24 273:11 293:22 301:18 309:14 315:8 323:5 329:12 332:16 340:5 348:21 368:8 258:10 263:15 329:11 285:24 309:23 331:15 363:5 252:3 257:13 276:19 295:7 301:23 309:18 318:23 323:10 329:15 334:11 341:23 348:24 371:16 259:1 263:22 286 :7 312 :22 332 :9 252 8 264 9 276 22 295 17 305 14 312 20 319 6 324 3 330 7 338 23 342 4 352 10 372 4 262 11 294 15 knew [5] 261:2 268:13 359:22 knowing p] 263:24 knowledge p) 266:3 322:15 337:11 351:22 knowledgeable p] known p] 370:8 knows pj 369:1 Koenig pj 349:1 Kosup [4] 353:9 351:15 Kosup'sp] 353:5 Kountz p] 294:24 Kupperman pj 251:9 282:8 ' 289:8 263:18 351:16 295:18 309:8 311:14 353:3 301:10 -L- Lpi] 307:23 319:5 329:12 354:1 251:7 313:11 319:6 332:11 354:8 L.L.P [i] lab p] 292:9 label [3] 290:16 labeling p] labels [i] language p] large p] 281:6 339:17 340:7 Lany p2] 309:6 319:15 330:9 333:5 Larry's p] last [6] 260:6 325:2 341:1 latep] 283:10 lawyer p] layout [i] lead(i] 303:5 leakage pj learn p] 275:11 least [i] 284:13 leave p] 318:7 left [6] 311:21 356:9 360:14 301:19 313:12 323:3 346:18 251:5 290:17 289:15 287:9 300:6 289:6 362:15 308:17 320:11 333:14 319:18 311:23 333:18 360:10 335:21 325:3 318:14 301:20 317:3 323:4 346:19 291:13 289:17 303:17 308:19 321:13 334:18 321:1 314:23 344:8 356:3 303:11 317:5 329:11 348:14 289:18 303:20 308:23 328:15 334:19 322:5 356:5 inhibitor [i] inhibitors p] initial [i] initials [6] 317:2 317:2 initiated p] inquire [i] instance p] instances p] instead pj institute p] intend p] intended [4] 314:12 327:17 328:1 300:4 300:4 317:5 258:19 342:16 263:7 335:24 265:16 337:13 268:17 260:13 328:1 308:2 258:22 269:15 362:24 314:7 261:6 308: 5 350: 23 265: 19 Junior p] 334:9 -K- Kp] 372:2 O C3 -N-T-Z [1] keep p] 298:13 320:17 Kelly's [1] 288:12 KENTUCKY p] KEVIN [i] 251:3 kids p] 318:7 kinp] 373:1 kind [5] 265:9 354:11 369:13 295:1 349:15 250:1 354:16 371 1 367: 21 left-hand m legal p] 251:9 257:5 291:16 lengthy p] less [2] 369:19 letter [94] 255:15 255:18 256:18 257:1 258:6 258:10 259:9 259:10 260:4 260:18 262:11 262:21 263:10 263:15 264:4 264:10 265:10 265:24 266:22 267:2 308:8 366:11 256:15. 256:17 333:18 333:20 301:18 309:14 369:22 253:19 255:23 257:13 259:4 259:12 261:19 262:24 263:17 264:20 265:24 268:16 253:22 256:3 257:14 259:5 259:17 262:7 262:24 263:22 265:2 266:1 268:16 256:20 333:24 323:16 255:5 256:14 257:23 259:8 260:1 262:8 263:4 264:4 265:9 266:11 278:1 Index Page 8 ....................... ELLEN WILLIAMS & ASSOCIATES, LTD. (312) 704-5250 / WATER PCB-SD0000044445 TENNESSEE GAS PIPELINE COMPANY Multi-PageTM VS. MONSANTO COMPANY 278:4 304:20 308:13 331:19 333:6 365:24 368:13 369:8 370:15 278:6 307:13 308:16 331:24 333:7 366:17 368:18 369:18 283:11 307:15 308:22 332:4 334:2 366:23 368:20 369:21 letters [7] 265:5 307:23 308:14 333:11 I level [4] 336:24 337:3 levels [l] 336:23 License [i] 373:11 life [i] 370:18 Linda [i] 317:6 line [4] 258:16 260:6 list pi] 268:14 295:4 308:24 318:12 365:11 369:20 262:6 293:4 301:19 309:15 331:20 365:23 370:15 265:1 293:16 303:19 313:24 331:23 368:11 listed [i2] 303:13 343:6 354:13 366:6 368:11 368:19; 369:3 284:12 307:20 309:4 332:12 334:5 367:14 368:24 369:24 265:19 333:22 337:5 274:11 265:2 294:1 303:22 317:20 331:24 368:20 313:24 366:9 369:20 286:3 308:12 317:21 333:5 334:8 367:21 369:4 370:3 304:24 354:10 310:17 268:13 295:3 306:8 318:1 332:11 369:4 314:8 368:9 luncheon [l] 352:6 -M- M [4] 250:11 294:24 (machines [4] 364:1 364:14 mail p] 259:14 305:1 mailed [5] 259:9 259:24 309:4 (mailing [22] 265:2 268:12 308:24 317:20 331:20 331:23 368:20 369:4 262:6 268:13 318:1 331:24 369:20 main [2] 355:4 355:18 maintain pj 336:20 maintaining [i] 281:4 major [6] 273:7 360:16 361:22 362:3 makes [i] 323:20 Malone p] 296:14 man[i] 343:12 management [ij 342:22 manager [8] 271:24 331:16 351:16 351:23 372:5 364:3 368:21 259:10 264:24 268:14 318:12 365:11 370:15 337:3 273:8 296:15 303:12 358:14 listing [i] local [i] 258:3 locale [i] locate [i] located [8] 284:6 284:15 locating [i] locations p] logical p] longer [i] 370:12 265:11 369:24 268:10 305:20 295:11 273:11 281:23 286:4 284:3 355:19 348:1 335:1 284:4 366:14 managers [4] 263:20 344:22 360:19 manufacture p] 273:1 282:4 295:23 manufactured W 281:9 297:14 manufacturing [13] 260:19 262:2 295:19 300:24 301:6 302:22 359:21 303:9 276:10 259:2 258:19 296:17 311:5 look [13] 255:1 298:24 299:15 342:18 342:22 looked [i] looking [io] 295:19 318:4 347:7 347:13 looks [2] 293:11 lose [l] 320:9 lost [2] 335:11 Lou [3] 271:4 Louis [i4] 261:13 261:15 302:6 302:20 345:24 low [6] 310:16 316:13 336:24 | lower p] 281:14 302:1 357:17 262:22 269:2 321:10 349:21 338:3 300:21 258:4 261:18 309:23 315:21 272:21 290:17 319:11 365:9 269:4 339:15 363:3 261:5 272:11 324:22 316:3 308:7 295:9 325:8 282:20 339:19 261:11 274:12 336:4 316:7 marked [49] 254:7 257:11 263:5 264:3 276:14 278:8 293:1 294:18 301:15 306:13 312:22 313:3 319:2 323:1 330:8 331:4 338:14 338:16 368:12 252:8 262:16 266:5 278:13 294:20 306:16 313:6 324:7 332:7 341:16 market p] 348:16 marketing [4] 271:24 358:16 marketplace [i] 264:16 Maryland [i] 353:4 material [izj 258:2 287:9 287:19 287:22 297:17 311:3 321:24 253:22 262:19 266:8 280:10 298:10 307:9 313:9 328:6 332:20 346:15 349:14 277:8 258:2 288:2 339:17 lubricant p] lubricants [4] 362:9 lubricating p] lubrication [7] 361:21 362:21 (lumped [i] lunch [i] 352:4 321:15 362:23 320:20 321:8 362:11 344:22 363:3 254:20 364:8 361:12 363:7 362:8 364:10 361:19 materials [12] 281:8 282:4 342:15 350:14 matter p] may [4i] 255:18 264:1 269:22 271:18 288:21 296:10 296:16 304:3 305:14 273:3 325:14 351:10 341:24 257:3 270:5 291:14 298:7 311:1 275:19 325:19 351:11 361:6 257:8 270:10 294:11 301:11 314:1 letters - Monsanto NORMAN T. JOHNSON, VOLUME II 373:7 364:9 322:16 323:17 331:21 335:7 358:2 362:22 370:7 372:20 McCulloch [i] |MDP[i] 281:9 326:7 339:14 363:4 273:12 330:2 345:21 363:14 331:2 349:15 367:16 259:17 265:1 308:21 330:23 368:11 mean [23] 284:23 285:9 310:6 310:8 320:2 320:6 343:22 344:5 meaning [5] 344:1 364:23 means [i] 260:8 288:19 315:24 327:13 348:2 285:14 335:10 266:19 297:20 316:3 331:24 357:7 285:18 268:20 302:9 317:11 335:9 359:14 299:22 meant p] 350:10 357:19 mechanism [4] 267:6 335:10 335:20 340:18 medical p] 288:11 291:1 306:19 meet [2] 354:12 362:3 meeting [19] 296:9 296:12 324:11 324:22 343:16 349:2 362:4 268:9 302:19 325:6 349:4 274:5 303:3 341:24 349:7 295:5 303:5 343:3 354:16 308:19 358:16 324:23 meetings [8] 362:12 362:17 memo [io] 284:18 302:17 312:23 320:24 361:23 363:7 261:18 303:7 362:2 363:18 278:14 303:13 362:6 364:3 279:15 312:7 281:16 261:24 258:22 300:18 354:15 memorandum p] 313:10 mentioned p] 287:15 Mercize [i] 355:8 messm 335:24 message p] 269:11 |met[i] 362:10 301:17 360:7 306:10 254:4 262:22 276:12 292:23 298:15 309:10 318:24 329:5 334:5 348:11 method [4] 309:4 [middle [1] might pj 295:22 357:4 | millimeter [x] million [i] mills [i] 273:11 mind p] 283:17 mindful [i] 267:10 293:20 261:3 359:7 361:4 328:2 349:15 270:17 268:2 261:10 362:15 367:17 268:8 288:8 mine p] 308:11 336:11 358:14 [minute [i] 282:1 minutes [i] . 295:5 Miscellaneous [i] 320:4 [misdated [i] 324:12 275:6 Missouri [i] 353:4 297:10 misspoken] 307:17 280:2 327:12 261:11 270:14 294:17 303:14 316:9 mixture m (moment p] Monsanto [54] 266:10 268:17 291:1 293:3 306:18 307:11 318:13 319:4 330:11 331:5 334:8 337:13 343:13 344:11 297:23 255:1 250:6 276:16 294:22 309:12 323:6 331:16 337:22 344:16 269:3 260:14 288:24 298:17 313:14 328:8 332:8 338:18 345:7 323:14 263:11 290:5 301:16 318:4 329:6 333:19 339:9 345:11 ELLEN WILLIAMS & ASSOCIATES, LTD. (312) 704-5250 Index Page 9 WATER PCB-SD0000044446 Monsanto's - page NORMAN T. JOHNSON, VOLUME H Multi-PageTMTENNESSEE GAS PIPELINE COMPANY VS. MONSANTO COMPANY 346:3 356:9 363:1 371:6 346:18 347:19 356:24 360:20 363:2 364:22 Monsanto's p] 269:6 months W 356:5 261:18 MOORE [i] 251:5 morning pj 253:10 most [5] 310:21 311:20 367:2 Motors 19] 273:10 337:16 339:12 339:20 348:1 move [7] 274:14 311:6 353:5 353:11 360:14 moved p] 271:10 311:16 353:1 353:11 Ms [i] 317:7 MSDS 3] 288:2 MULLISS [i] 251:5 must [4] 284:12 310:2 Mutual HI 272:23 348:12 361:8 365:1 310:11 283:20 253:11 312:6 273:11 339:24 322:8 310:2 355:11 288:4 310:5 356:3 362:18 365:23 355:14 311:5 312:23 355:21 273:20 340:5 341:13 310:5 355:14 288:10 347:3 -N- N[15] 301:18 332:12 352:7 252:1 309:14 341:22 name p] 300:9 328:20 336:6 named p] names m 354:13 356:18 national pj nature p] NCpj 302:23 NC/N2C p] nearp] 284:14 necessarily p] necessary p] need [12] 258:14 303:14 311:3 319:12 334:14 needed pi 297:9 305:4 needs [i] never p] 296:1 360:22 361:5 new p9] 257:22 258:17 258:22 260:15 261:7 262:4 264:18 281:14 286:2 302:8 302:23 312:11 322:2 348:17 355:17 next pi 254:4 276:1 310:3 nitpicking pi nobody PI non-1242 pj 276:19 319:5 346:20 313:20 355:6 271:5 305:12 361:16 361:20 272:16 320:7 273:18 287:16 277:1 314:1 342:17 275:13 306:9 281:5 296:3 363:2 258:1 259:1 261:11 273:3 290:16 310:12 322:3 360:2 260:23 310:6 312:5 277:23 297:22 293:13 323:5 352:7 316:23 358:23 304:10 318:16 365:23 361:18 320:15 335:8 338:2 281:16 314:1 281:10 297:10 369:10 258:5 260:4 261:16 275:7 290:17 311:17 331:21 362:8 262:3 313:7 296:4 293:22 329:12 352:7 319:16 369:16 353:3 319:19 290:13 315:22 291:1 327:11 370:17 258:9 260:8 262:2 279:6 302:7 311:18 347:9 362:8 275:24 318:9 369:1 non-PCB pj 314:9 nonresponsive pj 274:14 311:6 nonyl p] 292:7 nor p] 373:1 Norm p] 300:7 300:10 normal p] 327:23 336:18 normally pj 283:13 289:20 360:5 Norman pj 250:10 252:3 253:4 313:11 352:10 371:16 372:4 372:15 North pi 250:12 251:6 251:6. 261:10 372:6 Notary p>] 250:11 371:20 372:5 372:12 373:2 373:8 note [8] 295:11 299:11 299:18 299:22 300:2 300:13 323:16 326:24 Nothing [i] 271:16 notification p] 256:21 268:8 268:17 269:24 270:16 332:12 333:21 334:2 notified pj 267:11 268:3 notify [i] 269:5 notifying p] 264:17 270:8 November p] 313:10 319:5 nowp2] 257:9 268:15 270:17 303:11 312:16 334:13 342:5 367:5 369:9 257:10 292:21 320:22 352:5 370:24 258:17 298:8 323:22 352:15 264:17 303:1 324:6 354:22 number p3j 263:1 264:7 278:7 281:9 306:20 307:14 318:19 318:22 327:4 328:9 346:21 348:15 253:2 266:12 289:6 307:16 324:13 330:11 366:3 254:5 276:20 293:5 313:7 324:16 331:7 367:3 257:15 278:5 295:6 313:13 324:17 334:6 370:11 numbered p] 332-22 numbers po] 254:17 298:19 300:3 301:21 309:16 319:6 323:7 329:9 332:10 338:21 -o- O [5] 352:7 352:7 372:2 o'clock p] 250:14 oath p] 253:16 371:11 object po] 259:19 262:12 285:12 292:20 314:14 315:15 364:11 367:15 256:4 265:21 299:20 326:5 Objection pj 300:22 obligation p] 275:15 obvious [i] 350:15 obviously p2] 255:16 277:7 279:20 285:21 320:24 328:15 343:1 occasionally p] 318:4 occurred pj 302:17 off [9] 296:16 318:7 323:22 330:3 342:18 offer [4] 280:10 337:22 office pj 259:13 366:13 366:19 366:21 352:7 256:23 267:21 301:2 343:23 328:24 256:8 291:12 347:17 337:20 323:18 352:5 347:19 274:12 367:8 372:2 258:13 285:2 305:10 344:14 275:14 292:8 354:11 323:20 370:24 357:22 363:14 369:7 1o offices pj 263:11 263:12 officiai HI offshore pj 373:2 305:3 362:1 Oil [13] 265:15 305:3 305:3 1 336:2 340:16 340:17 350:4 350:17 351:2 351:8 361:20 0&811] 262:5 311:18 350:24 258:2 275:19 312:12 260:5 281:2 322:4 260:9 286:3 347:8 Olsonpij 253:24 255:16 255:22 271:17 276:18 278:14 285:4 285:14 300:3 Olson' 3 Pj 284:18 294:3 once pj 283:1.7 288:23 362:3 one pa] 253:24 257:23 261:1 275:8 278:23' 282:3 287:19 305:2 306:1 397:21 311:11 318:17 321:12 32:5 327:16 333:10 338:1 340:22 341:18 354:24 355:8 356dy 357:18 361:3 361:13 365m.' 366:8 367:10 369:23 mW 378:9 one-page p] 2622$|-' 306:18 one-tenth p] 369:23 ones p] 272:2 318:10 361:11 opening p] 339:4 operated [i] 267:5 operating p] 320:17 321:24 operations p] 300:15 opportunity pij 266:14: 276:22 293:7 295:7 298:22 301:23 309:18 313:16 319:9 319:24, 324:3 329:15 330:14 332:15 342:3 357:22 358:9 oral [i] 372:10 orderp 297:8 362:18 orders p] 261:23 275:7 Organic [i] 343:14 organization p] 366:17 organizations p] 361:15 originally p] 343:13 outside p] 337:18 360:9 ovens [i] 280:5 overall pj 354:17 362:7 oversaw p] 269:24 oversee p] 270:21 271:14 overseeing p] 256:21. own [5] 268:14 272:6 320:23 326:17 335 23 350 .7 260 21 310 13 255 20 284 23 363 9 269 2 304, 19 317 15 329 24 350 3 360 23, 366 11 346 16 322*13 2T7' 3 306:22 323 W 334 11 275 9 365:1 326:15 -P- P p] 276:19 packaged [ij page [45] 252:2 263:22 264:4 293:2 293:10 296:19 297:4 299:9 299:13 303:23 307:4 319:23 319:24 333:17 290:8 257:14 278:8 293:12 297:12 299:18 307:13 320:18 343:11 263:11 278:15 293:22 298:1 299:19 311:23 324:16 263:14 284:18 294:7 298:18 303:21 314:4 327:4 Index Page 10 ..... .......... ELLEN WILLIAMS & ASSOCIATES, LTD. (312) 704-5250 { WATER PCB-SD0000044447 TENNESSEE GAS PIPELINE COMPANY Multi-PageTM VS. MONSANTO COMPANY 327:8 327:18 338:23 342:1 343:19 360:13 366:10 pages [3] 250:8 329:22 panicking [i] 320:12 paper [17] 279:5 351:23 352:20 353:16 355:2 355:5 355:7 356:21 363:1 363:3 papers [i] 362:21 paragraph [is] 285:16 285:19 310:4 311:23 324:19 325:3 258:17 285:20 315:17 parameters [i] 351:14 Park [4] 333:17 333:23 part [4] 306:2 306:4 part-time [i] 296:16 participants [i] 349:7 participate [5] 292:12 354:16 357:1 participated [i] 255:14 participation [i] particular [4] 258:10 369:15 parties [i] 373:1 parts [2] 328:1 328:2 Patonp] 270:4 Paul [i] 317:13 PCB [9] 267:12 269:6 274:22 325:16 343:9 PCB-based [i] 271:15 339:4 366:2 338:8 306:4 354:5 355:20 365:16 260:7 286:9 315:20 363:14 312:6 308:16 357:5 268:24 270:8 271:10 348:16 341:24 366:6 351:17 354:20 355:24 260:13 286:19 320:15 363:16 364:7 321:1 273:15 274:10 348:22 361:7 performed [i] period pj 317:18 317:19 363:6 permitted [i] person p] person's [i] personnel [i] peruse p] perused [i] petroleum [ii] 335:23 350:4 351:1 351:3 | pH [4] 336:18 phenol p] phenyl [4] 297:8 Phil [3] 358:23 Phocian [i] phone [i] phosphate pi] 279:22 280:3 280:19 280:24 281:15 281:20 282:12 282:16 283:22 284:2 296:1 296:5 302:11 302:14 327:23 327:24 339:21 340:16 347:20 351:10 276:8 288:15 261:23 322:23 273:21 367:4 330:1 318:5 323:14 255:7 304:5 350:7 351:8 337:1 297:5 292:7 359:2 333:23 370:11 271:8 280:6 281:2 282:5 282:21 292:8 297:9 303:1 327:24 340:18 355:17 286:18 265:7 331:22 369:13 329:16 304:10 350:16 337:3 297:9 295:20 359:6 279:6 280:11 281:6 282:7 282:21 295:21 302:7 325:20 335:23 347:9 PCB-containing [9] 268:22 269:13 271:22 342:15 346:3 PCBs[ii] 264:17 279:23 282:16 283:2 350:1 350:3 350:11 PCT [i] 325:20 PCT-based[2] 271:11 PCT-containing [5] 274:10 274:22 325:16 PCTs [4] 279:23 302:10 Pedco [9] 303:23 304:14 304:17 304:19 305:7 pending [i] 315:8 people [49] 271:1 271:19 289:1 290:24 320:13 326:11 337:20 339:18 340:20 343:4 345:17 345:18 355:1 355:18 356:17 359:11 362:19 367:3 370:15 255:18 272:4 292:7 334:24 340:7 343:8 354:14 355:20 359:21 367:24 per [4] 277:24 328:2 percent p] 350:1 350:13 350:13 351:6 369:23 percentage [i] 370:2 260:14 272:10 268:4 302:10 271:15 271:22 320:7 304:1 305:2 258:4 274:13 296:17 336:1 340:13 344:21 354:15 355:22 360:6 370:2 347:14 350:3 369:6 268:21 282:24 270:1 328:3 272:10 328:3 304:5 305:4 260:19 283:15 317:14 336:16 340:16 345:2 354:21 355:23 360:19 370:13 349:19 350:11 369:19 photographs [2] 363:23 physical [i] 281:15 picked [i] 308:23 piece [i] 345:16 pieces [i] 338:8 pipeline p] 250:3 366:10 366:14 366:16 371:3 place [5] 270:12 302:19 372:15 placed p] 261:23 Plaintiff p] 250:4 Plaintiff's ps] 255:9 255:12 262:23 264:3 292:24 294:19 306:15 307:9 319:1 323:1 331:4 332:7 346:15 368:12 252:8 255:23 266:7 298:10 309:10 324:7 334:5 Plaintiff's's [4] 330:8 365:11 plan [16] 277:11 280:10 294:15 326:4 328:11 339:9 349:18 277:18 322:19 328:23 planned [1] 279:13 plant [13] 258:20 276:9 280:1 281:18 295:22 296:17 312:13 plants [i] 320:17 363:24 259:2 367:13 302:20 341:18 251:4 253:23 257:11 276:13 298:14 312:22 328:6 338:15 332:20 279:18 323:3 329:11 258:23 286:13 344:22 pages - previously NORMAN T. JOHNSON, VOLUME II 286:21 Plasticizer p] 266:24 267:1 268:2 269:8 269:19 270:1 278:2 267:2 277:24 272:14 plastics [2] 361:14 361:15 360:18 platforms pj 304:4 305:3 plus [3] 327:15 331:21 348:1 Pogue [?] 339:11 339:22 340:3 340:9 341:22 342:13 344:1 332:15 304:14 350:24 point [33] 260:17 265:10 287:7 298:11 321:9 324:10 343:15 345:14 353:20 354:1 356:15 360:23 250:12 277:10 303:10 335:1 345:21 354:23 361:3 258:18 283:24 311:15 339:21 346:1 355:4 367:11 258:23 285:11 317:8 341:9 346:6 355:12 372:6 337:4 327:23 296:5 points [i] policy [io] 347:13 347:23 349:6 351:21 pollution p] 267:12 268:3 331:24 321:10 346:7 347:24 253:19 270:1 346:17 348:23 255:15 304:20 347:2 349:4 265:2 317:21 polychlorinated [i] 277:10 279:12 280:16 281:10 282:9 283:7 295:24 302:8 327:15 336:2 347:15 polymer [i] pool[i] 336:14 pools [l] 336:12 portion [2] position [8] 351:18 353:2 positions [i] possibility p] 344:8 344:21 327:15 315:4 257:24 353:5 358:11 335:12 322:8 275:5 354:9 338:1 331:15 358:14 342:22 possible [8] 273:14 321:6 328:19 332:21 335:16 335:18 349:2 359:23 possibly[2] 311:17 369:13 Post [2] 259:13 369:7 potential p] 339:15 342:14 pound [2] 347:12 349:19 366:7 pounded [l] 368:2 preceded p] 283:5 344:24 345:16 prefer [i] 312:11 371:10 preference p] 310:11 311:18 371:4 254:6 262:18 278:12 301:15 313:8 329:5 341:16 preparation [5] 256:2 318:1 334:16 prepare [io] 262:10 288:4 299:6 302:2 330:20 331:13 prepared [8] 268:14 313:11 313:24 322:19 preparing pj 288:9 present [4] 363:3 251:9 256:5 265:5 313:19 294:24 325:24 317:20 282:1 256:6 265:18 324:21 300:17 332:1 357:2 343:16 348:11 presentation p] 362:8 363:5 279:21 325:24 337:14 presented p] 358:1 358:4 363:1 presenting [i] 281:3 281:23 349:13 360:11 360:17 362:21 363:22 262:2 290:20 345:23 president p] pretty [i] previous [i] previously [29] 257:11 262:22 366:20 363:22 259:22 253:3 264:3 367:6 253:6 295:12 367:9 253:23 300:23 ELLEN WILLIAMS & ASSOCIATES, LTD. (312) 704-5250 Index Page 11 WATER PCB-SD0000044448 price - recognized Multi-PageTMTENNESSEE GAS PIPELINE COMPANY NORMAN T. JOHNSON, VOLUME H VS. MONSANTO COMPANY 301:15 323:1 331:4 346:15 353:22 307:9 324:7 332:7 348:11 309:10 328:6 332:20 352:9 312:21 329:5 334:5 352:12 321:2 330:8 341:16 353:9 price [2] 347:14 348:16 prices [i] 349:14 primarily [i] 266:4 primary [i] 364:4 Principally [i] 364:18 print [i] 291:19 printed [i] 291:15 printer pj 290:19 291:19 Printing p] 290:16 priority p] 275:8 275:17 problem p] 267:12 269:6 282:20 283:18 283:20 336:19 343:10 350:15 368:23 problems [5] 258:3 272:3 287:11 302:23 362:22 procedure [i] 346:13 procedures [i] 338:3 process [4] 296:4 292:2 292:6 292:13 produce p] 260:20 281:6 281:18 282:21 287:7 295:20 302:23 360:5 produced [sj 278:1 279:7 285:24 286:4 286:7 290:19 291:13 294:15 product [54] 261:4 261:24 273:2 273:2 276:5 276:8 277:21 279:11 287:10 287:14 290:1 290:7 291:12 292:10 311:17 311:18 343:9 351:16 354:4 354:19 359:15 260:21 262:2 274:21 276:9 280:1 288:24 290:10 297:3 311:19 351:22 355:19 260:23 265:14 275:21 277:12 282:22 289:9 290:14 304:22 315:22 352:19 355:21 261:2 272:4 276:3 277:19 287:8 289:16 291:5 311:5 324:20 353:15 356:21 production pi] 254:17 264:7 266:12 276:20 293:5 295:6 298:19 306:20 307:14 307:16 319:6 323:7 324:16 329:8 330:11 331:6 338:21 346:21 348:15 257:15 290:8 299:4 309:15 327:4 332:10 263:1 290:21 301:21 313:13 328:8 334:6 products po] 257:23 259:1 262:4 263:19 269:13 270:9 272:1 272:23 277:15 277:23 281:1 281:2 285:24 286:1 286:10 288:16 299:3 302:9 303:18 308:15 321:23 322:14 335:19 336:22 355:5 355:7 360:21 364:19 256:9 259:6 264:16 270:18 275:7 278:19 281:24 286:2 292:13 302:13 310:12 325:16 337:4 355:17 256:11 259:9 269:9 270:21 275:13 279:23 282:24 286:3 294:12 302:22 311:4 325:21 347:9 358:5 257:21 261:2 269:9 271:3 275:18 280:8 284:21 286:5 295:23 302:24 320:8 331:17 350:16 360:20 program [7] 283:23 295:5 298:19 337:13 337:15 progression [i] 264:15 project [i] 296:18 promote p] 341:10 360:21 364:2 promoted [i] 345:15 promotion pj 353:7 properly p] 336:21 properties [i] 362:21 proposed m 279:7 provide [8] 276:15 298:16 314:21 314:22 315:10 325:14 325:18 359:12 provided p] 338:17 339:5 providing pi] 266:10 293:3 307:10 309:11 329:6 330:10 346:17 348:12 254:9 294:22 313:14 331:5 'x&n-i'x 262:20 301:16 319:4 332:8 264:8 306:17 323:6 334:7 Public [6] 250:11 371:20 372:5 372:12 373:3 373:8 publication [i] 358:10 published [i] 339:1 pull [3] 253:21 306:8 365:10 pulling [i] 318:11 pump [6] 260:22 272:22 275:23 285:1 285:7 285:23 pumping [i] 350:17 purchase p] 347:20 purchased p] 264:24 302:24 purchases m 348:18 366:22 366:24 367:7 367:12 purchasing [4] 366:19 367:3 367:4 3fi7-fi pure [i] 327:12 purification p] 340:23 purposes pj 306:9 311:1 345:4 338 :11 Pursuant pi 372:17 pursue [3] 282:7 put [5] 262:15 289:3 339:16 282:8 28212 297:21 322 .3 putting p] Pydraul pi] 260:4 264:18 265:14 266:4 271:15 271:23 279:10 279:13 286:23 287:4 288:15 289:9 302:9 302:13 309:23 310:2 310:23 310:24 313:12 315:21 316:12 316:13 322:14 327:3 332:13 335:19 338:19 339:2 345:8 345:9 348:18 348:23 350:20 351:7 362:16 364:8 334:24 257:21 264:20 270:18 272:1 279:23 287:12 292:13 303:18 310:2 311:9 316:3 316:14 327:10 336:22 339:6 346:8 349:19 351:12 364:16 335:13 257:22 264:24 270:21 273:20 280:11 288:4 298:18 304:4 310:12 311:9 316:5 316:16 327:19 337:4 340:12 347:2 350:10 360:19 345 5 260 3 265 8 271 3 279 9 286 12 288 10 299 3 306 19 310 23 311 10 316 11 320 4 327 21 337 23 344 13 348 17 350 14 360: 21 Pydrauls pi] 273:14 276:1 285:6 285:9 294:1 299:4 260:14 271:6 271.9 278:24 280:24 284:24 286:6 293:4 293- 16 316:6 316:7 327: 11 qualified p] 334:24 quality p] 334:24 quantities [4] 279:6 336:11 quantity pj 283:1 Queeny p>] 258:19 295:22 296:17 312:13 questioning p] 314:19 questions p] 259:21 365:7 365:18 370:20 quick [i] 359:23 quickly pj 311:16 quotes [i] 325:12 281:7 258:23 326:15 372:10 282:1 286:13 365:4 372:14 -R- R[4] 276:19 294:24 341:22 352:7 raising [i] 318:14 ratep] 323:19 rather p] 277:13 281:20 300:24 raw [4] 280:2 281:8 282:4 297:9 reach p] 367:1 367:3 369:13 reaction p] 292:6 292:9 [read [23] 267:14 300:1 311:22 312:8 315:1 325:5 325:5 349:21 370:23 267:15 312:1 315:4 333:3 371:8 274:15 312:4 315:14 341:1 372:18 274:17 312:8 322:7 341:3 reading pj 334:13 342:5 372:20 realp] 347:17 realize m 282:6 282:11 282:14 283:1 283:4 ! really p6] 312:2 319:15 331:11 333:13 355:20 359:6 266:2 320:11 347:22 362:13 296:13 324:10 349:6 303:4 324:12 351:14 reamp] 365:16 reason pj 269:14 372:22 reasons pj 367:10 rebate p] 348:17 received p3] 259:5 259 8 259:12 259:15 265:23 328:17 331 19 368:12 368:20 369:4 369:20 370 2 370:15 receiving p] 263:17 recess [S] 253:5 312:17 330:5 352:6 352:11 recipient p] 370:6 recipients [i] 303:7 reclaim p] 344:13 344:15 345:8 reclaimable [l] 341:12 reclaiming [6] 338:12 342:14 344:8 344:21 345:4 345:15 reclamation p6] 335:9 337:13 337:22 339:9 340:14 341:7 341:24 343:20 344:7 352:1 335:16 340:4 342:24 335:18 340:12 343:7 recognition p] 281:24 recognize p4] 255:11 266:17 289:1 293:18 294:1 298:5 307:6 327:7 328:13 329:18 329:23 330:17 331:10 367:22 recognized p] 282:19 283:20 334:23 367:5 368:3 Index Page 12 ELLEN WILLIAMS & ASSOCIATES, LTD, (312) 704-5250 WATER PCB-SD0000044449 TENNESSEE GAS PIPELINE COMPANY Multi-PageTM VS. MONSANTO COMPANY recollection p] 309:21 332:18 341:6 346:24 recommend [4] 320:21 346:3 recommendation [4] 321:4 321:14 recommendations [4] 349:8 357:13 recommended p] 349:16 record [23] 295:11 301:17 309:13 311:23 323:18 323:21 330:6 352:5 254:16 304:13 312:1 323:22 352:16 recorded [i] 294:13 recording [2] 368:24 recover [5] 336:17 340:20 340:21 313:23 348:22 345:7 320:20 321:12 289:9 254:20 307:12 312:18 324:1 370:24 369:7 339:12 328:21 345:11 321:1 344:11 349:7 278:10 307:13 315:4 330:4 372:13 339:16 relate [3] 292:5 292:5 345:14 related p] 270:8 361:15 relates p] 278:19 relating [4] 358:13 341:7 343:9 Relationship p] 324:21 relative p] 358:8 relied p] 259:13 259:23 relyp] 359:12 remember [45] 257:6 258:24 270:11 274:6 289:23 302:15 316:10 317:9 326:10 328:19 338:5 338:8 354:22 354:24 360:23 361:3 367:9 369:14 256:7 263:24 286:8 304:7 325:13 330:18 345:2 356:18 361:16 256:11 265:12 287:24 305:6 325:17 331:1 346:12 358:19 362:13 recoverable [i] 341:12 remove p] 302:10 recovered [i] 337:21 recovering pj 335:12 recovery [i] 350:17 Redington [i] 296:16 reduce p] 335:13 reduced [i] 311:16 reduction [i] 347:14 refer [8] 268:22 288:17 316:12 316:14 316:16 reference \j\ 253:22 297:11 327:18 344:2 referred m 263:12 320:12 336:8 339:22 referring [8] 277:14 324:6 324:18 338:6 refers p] 268:23 refined [i] 296:23 reform p] 294:5 reformulate p] 280:15 reformulated [ii] 290:1 290:14 291:6 294:2 299:2 302:9 reformulating p] 308:15 reformulation [10] 271:3 277:15 280:18 286:10 298:18 302:17 refresh [6] 309:21 332:18 346:24 348:21 refurbishing [i] 345:5 regard [i] 349:14 regarding [12] 295:4 323:2 328:10 328:21 344:12 346:16 347:1 regardless [i] 312:7 regional [4] 303:9 263:11 register [i] 290:2 registered [i] 368:21 registering p] 290:10 registration p] 287:10 regulations [i] 287:14 338:3 336:14 316:6 356:19 296:20 344:5 265:1 372:16 278:4 338:24 344:7 294:16 280:23 271:10 293:5 302:13 272:20 270:18 280:18 313:23 309:22 329:10 348:16 263:12 316:11 297:4 293:19 318:11 344:16 282:24 279:10 293:17 278:24 270:21 284:21 328:21 313:12 332:12 263:19 repeat pi] 259:22 315:12 326:8 326:16 326:20 332:24 333:1 repeating p] 301:1 repetitive p] 259:21 rephrase p] 267:24 replace pj 279:9 replaced pi 279:10 replacement p3] 275:13 280:8 280:11 285:6 285:9 285:24 286:12 287:3 287:12 296:10 315:22 316:4 327:22 replacing pj 264:16 report [4] 356:13 291:21 reported po] 291:22 353:10 353:18 353:22 355:1 356:15 reporter [2] 298:12 represent p] 277:17 representative p] represented pj 273:17 request p] 259:20 requested pj 286:2 requesting p] 269:3 require pi 304:24 required [6] 275:17 289:14 289:24 299:4 reread p] 322:5 research ps] 260:22 272:6 276:7 283:15 291:7 292:7 292:16 300:24 337:20 354:14 residual p] 355:19 resigned p] 353:3 resistance [4] 280:7 363:23 respective p] 270:9 response p] 259:22 responsibility pj 291:11 292:15 303:11 314:23 326:18 269:23 282:10 279:23 260:22 282:16 286:1 288:10 320:8 320:21 353:14 326:11 354:2 370:21 362:18 258:3 362:14 266:1 302:6 285:3 329:2 287:22 271:1 284:8 292:17 359:21 281:4 315:3 288:13 308:24 recollection - sales NORMAN T. JOHNSON, VOLUME II 358:12 352:1 304:20 responsible p4] 256:21 271:2 271:24 274:8 278:19 288:9 289:2 291:4 291:13 305:7 308:21 317:20 318:11 355:2 rest [l] 354:24 Resumed [i] 252:4 257:1 276:4 289:18 305:11 321:2 270:24 276:6 290:9 306:7 333:21 257:4 268:9 288:7 306:12 325:22 337:1 349:20 358:23 364:16 315:2 326:19 resuming p] retain p] return pj returned p] returning p] reuse [1] 335:15 review p4] 277:3 293:7 306:23 309:19 323:11 324:4 334:21 342:3 361:6 reviewed p] 335:7 357:4 253:14 315:23 318:8 350:18 344:9 253:13 295:8 313:17 330:15 357:15 257:5 357:13 340:17 368:22 266:14 298:23 319:10 333:1.1 357:20 302:21 276:23 301:24 319:24 334:12 360:12 332:19 reviewing pi 255:17 295:10 323:18 314:18 333:21 357:7 335:17 revised pj 300:3 302:10 Richard [7] 284:3 291:21 292:18 300:19 300:23 354:23 356:17 261:2 284:24 286:5 295:5 321:22 354:6 353:9 354:18 Richard's pi Richards [4] 283:19 Ridge p] right [27] 260:9 284:19 300:10 325:1 337:6 349:12 349:15 354:3 355:13 357:21 359:2 right-hand p] risk p] 350:19 291:8 271:4 363:15 266:21 303:15 337:6 352:21 356:2 365:24 360:13 350:22 271:4 363:16 269:17 322:4 342:9 353:13 356:10 366:8 283:5 270:19 324:8 348:4 353:19 356:11 Road p] 250:12 372:6 Roger p] 274:3 274:4 274:8 ' rolep] 271:20 339:8 360:5 342:22 ROLLY [i] 251:7 room p] 250:13 311:17 ROWAN p] 250:1 371:1 Rulep] 372:17 Rules [i] 372:17 288:3 run p] 275:12 286:14 350:18 running p] 286:13 360:8 271:2 284:9 300:20 362:20 361:7 315:5 291:9 357:11 S [10] 252:7 348:13 352:7 371:14 safety pj 288:2 saint [i] 345:24 sales [i7] 273:16 277:18 324:11 324:20 357:15 358:3 -S- 276:18 352:7 287:9 259:23 278:3 331:16 360:1 333:17 352:7 287:20 263:11 303:12 348:18 360:19 334:8 371:13 287:22 265:3 308:19 357:2 ELLEN WILLIAMS & ASSOCIATES, LTD. (312) 704-5250 Index Page 13 WATER PCB-SD0000044450 salesman - sticker Multi-PageTMTENNESSEE GAS PIPELINE COMPANY NORMAN T. JOHNSON, VOLUME II ________________ VS. MONSANTO COMPANY salesman [3] 305:12 339:3 360:19 salesmen po] 269:19 272:1 273:4 275:11 314:10 314:17 325:18 360:20 263:20 272:8 302:5 324:21 269:12 272:12 303:8 324:23 269 :16 272:17 303 :9 325 :15 samples [i] 339:13 satisfying m 281:5 Savage [2] 301:9 349:1 save p] 323:17 336:2 saw p] 278:1 332:3 says p9] 258:17 280:14 284:23 293:13 293:16 296:11 299:2 310:1 312:7 325:3 325:5 260:6 285:5 293:22 300:2 313:2 343:20 264:11 285:5 294:1 300:3 315:17 349:10 278 :9 286 :18 294 :5 300 .6 324 21 366 :22 schedule [ij 349:13 scheduling [i] 295:19 school [i] 318:7 Scriptite [i] 355:8 Scriptset [i] 355:9 se [x] 278:1 seal [ij 373:2 search [i] 369:11 Sears [i] 251:2 second [24] 263:21 275:9 297:1 297:4 297:24 299:13 314:4 315:20 343:19 254:22 278:15 297:12 303:21 319:23 258:17 284:18 297:12 310:3 324:19 260 7 286 9 297 21 311 22 342 1 secretaries pi 317:10 317:15 317 17 317:23 318:2 318:3 318:14 secretary p] 316:22 317:7 317 12 section [6] 278:15 278:18 284 17 320:4 320:12 324:20 seeps] 273:22 286:18 299:8 308:2 327:14 343:19 366:9 254:12 278:14 296:19 299:10 308:7 327:18 349:10 367:8 255:8 284:17 297:4 299:12 325:2 329:21 358:9 370:11 255:22 284:20 297:11 303:23 327:2 329:24 365:10 370:11 255 24 286 9 297 24 307 19 327 3 341 18 366 6 seeing p] 355:16 360:23 seeking PI 347:10 segment [i] 284:11 selected p] 367:8 367:10 selector p] 338:6 338:20 sell [i] 311:18 selling [i] send [io 262:6 268:15 304:20 369:17 304:22 265:20 305:1 266:1 340:3 268: 11 340:9 sending [8] 265:11 277:8 290: 14 291:5 299:11 308:14 339:22 367:21 senior [i] 367:4 sense [i] 323:20 sent [27] 253:19 260:15 263:23 267:2 267:6 302:5 317:21 253:24 265:5 267:7 332:4 256:3 266:18 300:3 333:8 258: 6 266:23 300: 13 333: 11 333:14 365:23 368:13 368:20 368:21 369:4 sentence [6] 311:22 324:19 325:2 325:8 separation [i] 336:5 sequence pj 309:8 series p] 316:5 service p] 336:7 services [i] 337:22 sessions [X] 362:20 set [ii] 257:8 264:1 294:17 298:7 301:11 331:2 337:15 seven [ij 332:11 several pj 303:13 341:17 341:22 shared [i] 317:10 sheet [5] 287:20 287:22 371:14 sheets [xj 287:9 Sheridan p] 250:12 shift [i] 270:15 ship [4] 275:9 310:11 shipment [i] 285:11 shipped [6] 261:5 261:15 290:1 310:7 shipping p] 261:3 short [2] 322:23 330:3 shorthand [i] 372:11 shortly [ij 356:3 Show [20] 292:22 298:9 322:24 328:5 332:6 334:4 348:10 363:20 257:10 307:8 329:4 338:13 showed [i] 345:1 shower [ij 336:16 showing p] 301:14 shown p] 256:14 shows [xj 255:24 shut [i] 280:4 shutting [i] 275:15 side p] 360:13 366:8 sign pj 370:23 372:18 signature [ioj 264:12 321:2 331:12 333:7 372:23 373:2 signed p] 307:23 330:9 372:21 255:22 334:8 significance [i] 263:15 signing p] 368:24 similar [X] 345:1 simple [i] 363:22 simply [i] 300:1 simultaneously [i] single pj 257:13 307:13 307:15 339:4 Sit [5] 283:15 357:9 370:1 situation p] 333:13 368:14 315:20 360:24 316:8 337:17 270:14 322:16 323:5 288:2 372:5 310:12 261:10 287:14 264:2 309:9 330:7 341:15 338:8 312:23 366:12 316:18 335:7 257:14 369:8 372:20 268:15 264:4 360:6 347:18 368:18 320:3 347:19 291:23 330:2 326:24 371:13 312:11 261:12 290:7 276:11 318:23 331:3 346:14 345:16 335:4 316:21 370:21 264:5 370:5 293:2 369:2 SIX [3] 272:15 295:4 size [i] 288:24 skid[i] 345:4 slides [i] 360:24 small [4] 327:24 340:22 Smith [5] 251:5 274:7 306:12 smooth p] 271:20 smoothly [i] 273:6 societies [i] 364:24 society p] 361:12 361:23 362:17 363:7 sold [7] 261:8 277:23 310:13 311:19 312:13 solution [2] 282:2 solve [i] 282:19 someone p] 345:3 sometime pj 283:10 sometimes p] 292:10 335:22 340:15 362:7 soon [i] 290:7 Sony [8] 254:18 269:23 318:17 340:1 348:24 southern [x] 306:2 speak p] 330:23 specialty [ij 331:17 specific [io] 256:9 306:1 308:13 341:6 360:8 364:16 specifically [4] 277:16 349:20 specification [i] speculate p] 285:3 343:24 367:16 spent p] 272:11 340:19 SS [X] 372:1 St [14] 258:4 261:5 261:15 261:18 272:11 302:20 309:23 324:22 Stack [i] 365:9 Stand [4] 275:22 275:23 stapled pj 254:11 Stark p] 271:4 300:21 Start [7] 253:1 282:4 290:21 318:21 350:20 started p] STATE [x] 259:1 372:1 states p] 258:12 306:2 320:16 322:13 stations [i] 368:2 status [X] 277:9 Staypj 354:22 steel [4] 273:11 280:4 Stegen pj 305:17 stencil [i] 287:11 stenographer [i] Step [5] 275:24 282:3 370:9 Steps p] 287:13 289:13 sticker [i] 278:8 356:5 345:4 274:3 274:22 361:18 363:13 277:24 282:15 367:17 363:12 292:11 362:19 271:10 366:17 340:11 265:17 341:8 325:6 359:19 285:13 261:11 274:12 336:4 294:12 254:11 300:22 283:24 318:6 259:13 347:23 340:6 305:20 372:12 283:23 291:5 362:9 274:4 275:16 361:20 310:8 317:12 364:19 284:3 270:23 359:16 339:17 299:21 261:12 302:6 345:24 317:5 363:3 290:7 281:8 364:5 306:5 284:1 , Index Page 14 ELLEN WILLIAMS & ASSOCIATES, LTD. (312) 704-5250. WATER PCB-SD0000044451 TENNESSEE GAS PIPELINE COMPANY Multi-PageTM VS. MONSANTO COMPANY stickers [i] 341:17 TCP [l] 281:9 Still [12] 253:16 255:20 281:12 281:24 310:1 340:17 347:15 369:17 Stopw 320:7 stopped p] 260:24 story [i] 358:1 straight [6] 272:15 297:17 298:13 347:9 strategic [i] 324:23 Street p] 251:6 strike p] 274:14 282:13 311:6 322:8 Strip [l] 297:22 Stuff [l] 365:13 subject p] 299:23 subscribe [i] 371:11 SUBSCRIBED [i] subsection pj 284:20 substantially [i] succeed [i] 292:10 275:11 310:17 261:3 282:21 373:8 280:16 341:13 341:24 371:17 286:10 315:23 275:12 311:1 311:5 283:7 280:22 368:9 technical [4] 359:15 telephone pi telling [i] ten [l] 370:8 Tennessee [is] 274:9 303:19 341:7 366:7 367:13 371:3 tentative p] term p] 256:4 325:11 327:13 terms p] 326:11 terphenyl [4] 282:2 terphenyls [i3] 280:21 280:23 282:15 282:18 Terry [i] 251:9 test [5] 279:7 337:21 357:2 272:12 312:6 250:3 303:20 366:10 292:1 288:19 335:9 337:2 276:2 272:21 281:20 282:19 286:14 358:3 369:15 273:24 340:9 366:14 292:13 292:1 337:7 356:19 279:5 280:16 281:22 282:24 286:16 successful [5] 280:13 285:23 286:16 tested [5] 258:18 285:1 286:23 287:1 287:5 320:7 such [9] 268:12 268:12 273:9 273:24 testified [5] 253:6 256:24 274:5 359:15 362:1 363:1 372:22 352:12 356:1 sufficient p] 281:13 290:24 testimony pj 314:19 326:21 suggest pi Suggested [i] suggesting [i] suggests p] suitable p] Suite p] 251:2 Suites p] superiors [i] supplied p] supply pj 311:2 359:20 supplying [i] suppose p] Supreme [i] suspect [i] swim [i] 336:16 swimming p] switch p] 303:10 266:11 278:2 279:15 281:4 373:8 250:12 321:18 288:16 262:1 262:4 288:6 372:17 344:2 336:12 276:1 345:2 333:4 362:23 372:6 289:16 281:7 290:2 336:14 286:2 360:2 281:13 testing [ii] 287:17 288:6 289:7 289:10 tests [3] 275:23 Texas pj Thank [4] 370:19 themselves m theory [i] thereafter [i] therefore p] Therminol [i] thickener [i] third p] 258:16 285:19 320:3 thought p] three [i3] 292:21 311:5 348:14 354:21 260:22 288:15 361:5 280:12 366:12 312:15 361:17 296:7 320:9 259:14 350:13 327:16 260:12 320:18 281:2 265:3 316:9 355:1 272:22 288:18 288:6 366:15 329:7 282:2 275:9 366:8 321:7 273:22 318:6 356:17 switched [i] sworn [6] 352:12 371:17 system pi 336:9 340:17 systems p] 355:23 253:3 372:9 335:13 350:2 322:2 253:6 335:15 350:18 335:16 352:9 335:21 339:14 -T- through [37] 254:18 254:19 263:2 265:8 272:6 272:24 298:19 301:21 319:7 322:9 329:9 331:22 338:21 340:19 250:8 254:22 265:13 276:20 309:16 323:7 332:10 347:13 times [2] 292:21 .370:13 254:17 254:23 265:15 295:6 313:13 323:12 335:13 365:9 T [28] 276:19 313:12 329:12 346:20 354:8 250:10 301:18 319:5 329:12 348:14 371:16 tankp] 338:9 Tape [3] 253:2 252:3 301:19 319:6 332:12 352:7 372:4 318:18 252:7 309:14 323:4 341:22 352:10 372:15 318:22 253:4 313:11 323:5 346:19 354:1 timing [4] 345:20 title p] 303:12 titled [12] 284:21 286:10 327:3 328:9 TNGS [is] 298:19 301:21 268:5 306:19 263:11 298:18 338:19 257:15 307:14 283:9 266:11 320:4 342:1 264:7 309:16 stickers - type NORMAN T. JOHNSON, VOLUME II 359:14 373:9 324:17 327:5 332:10 334:6 today [4] 253:14 together p] 289:3 306:8 329:9 346:21 253:16 254:12 318:11 330:12 348:15 369:3 254:21 334:24 331:7 366:3 370:1 262:15 274:5 340:12 366:16 Tom p] 255:21 329:3 329:20 tomorrow [i] tons [i] 365:13 294:4 333:15 269:22 326:3 335:7 326:11 353:10 tOO [3] 321:19 354:22 365:14 took [5] 270:12 289:11 302:19 302:19 292:4 370:9 top [9] 254:14 260:9 293:4 293:16 296:16 306:19 308:3 322:4 335:23 281:3 total [i] 342:24 280:18 282:2 283:1 touch [i] 304:23 tough [i] 318:17 toward PI Tower [i] 297:12 251:2 308:3 321:11 286:23 toxicity pi 289:4 289:7 288:5 288:15 288:17 289:10 285:7 301:2 285:23 289:5 trade [2] 355:6 traffic [4] 291:2 TRAN 16] 254:19 254:22 293:5 295:6 319:7 328:9 TRANS [l] 361:9 289:20 254:17 254:23 306:20 338:21 278:6 289:21 254:18 263:2 307:16 290:12 254:18 266:12 313:13 transcript [i] 370:23 transcripts p] 371:9 371:12 372:3 368:5 369:24 transfer [i] transition pi] 272:9 272:18 274:21 275:16 306:3 311:4 322:21 322:22 325:11 325:15 328:11 328:22 304:3 271:14 272:22 276:4 314:8 323:3 325:19 329:11 271:21 273:5 276:6 321:11 324:22 325:24 272:5 274:10 305:24 322:19 325:4 326:4 285:15 366:11 342:9 284:16 347:12 359:9 Transportation pj 291:17 traveled p] 272:15 traveling [i] 316:1 trial [i] 279:6 triclorp] 351:3 tried [i] 336:24 290:3 290:11 254:18 255:1 271:19 297:21 318:5 328:9 337:24 triphenyl [i] 327:24 true p] 258:23 261:20 371:12 372:13- try [a] 273:13 275:15 347:7 360:6 367:1 trying [5] 270:13 343:2 369:15 311:20 340:21 370:10 312:10 348:8 344:15 337:2 Tryon [i] 251:6 302:15 turn [2] 276:9 366:2 turned [i] 348:5 278:15 324:20 276:20 323:7 tWO [12] 254:20 271:19 273:21 338:8 356:18 two-page [4] 341:23 type [6] 280:6 255:19 275:12 361:15 262:23 295:24 261:18 316:9 298:17 345:1 262:3 337:19 301:20 359:16 ELLEN WILLIAMS & ASSOCIATES, LTD. (312) 704-5250 Index Page 15 WATER PCB-SD0000044452 typed - [Resumed] NORMAN T. JOHNSON, VOLUME H Multi-PageTMTENNESSEE GAS PIPELINE COMPANY VS. MONSANTO COMPANY 359:17 363:21 typed [l] 329:13 volume [2] 250:8 273:16 vs [2] 250:5 371:5 -Y- types [1] 281:15 -u- U.S p] 290:3 290:10 ultimately p] 286:17 unable [i] 369:23 undeliverable p] 369:6 333:16 369:10 368:1 370:6 W[1] 284:7 Wait [i] 295:14 waived [i] walk[i] 268:11 warehouse [i] -w- 372:23 261:9 year [5] 317:9 363:12 years p] 265:4 340:19 356:24 yesterday p] 269:23 270:6 yet p] 294:5 362:1 296:13 363:10 253:15 356:1 294:16 362:3 335:24 253:18 365:20 363:9 340:13 256:24 under [io] 253:16 284:17 286:9 320:3 324:20 331:11 333:6 335:6 336:11 354:12 undersigned p] 372:11 372:24 understand [i3] 253:15 267:17 267:19 268:20 268:24 269:7 283:15 283:15 305:15 320:13 330:18 344:19 368:17 undertaken p] 256:3 290:14 unduly p] 259:21 314:18 uniform [i] 268:18 United p] 259:13 281:8 306:2 320:16 322:13 units [l] 340:23 Unless [i] 256:15 unnecessarily [i] 301:2 up [13] 273:19 298:11 308:23 328:15 337:15 339:12 347:17 350:6 350:21 360:10 362:13 367:2 370:7 upper [i] 342:22 urgency [i] used [19] 279:22 331:20 336:13 362:12 363:20 364:10 364:13 367:23 280:23 359:17 364:1 364:17 280:24 360:2 364:2 364:19 288:20 362:9 364:8 372:20 users p] 339:17 340:7 usesp] 335:18 using [4] 273:14 320:7 336:17 338:10 vague p] various [isj 282:20 289:2 302:21 303:18 328:1 338:9 -V- 256:5 272:14 290:5 304:24 262:12 275:23 295:21 321:10 281:17 299:2 327:15 warehouses [6] 260:24 275:6 310:14 312:13 warehousing [i] 261:4 Washington [i] 373:8 waste [i] 342:23 water [3] 336:15 336:18 Waukegan [i] 340:5 ways [i] 289:6 weeks [4] 275:12 261:1 welcome m 259:22 west [4] 250:12 273:12 whole [6] 272:5 312:9 322:21 349:3 WILLIAMS [3] 250:11 willing [i] 322:2 Winter [3] 257:21 within pi] 262:3 283:14 290:5 366:16 372:12 372:19 372:24 without p] 284:24 286:6 287:4 320:7 360:5 witness [53] 256:6 257:4 259:23 262:14 285:3 285:5 295:13 295:15 301:12 305:17 315:13 315:17 326:14 329:2 342:21 343:24 352:9 352:11 370:23 372:4 252:2 258:12 265:23 285:13 299:21 314:18 323:18 331:8 344:2 365:4 372:9 witness' [i] 315:3 261:7 336:20 262:3 372:6 284:11 372:5 279:9 269:14 367:24 285:6 320:15 253:3 258:16 274:16 285:15 301:3 314:21 323:24 333:2 346:22 367:16 372:15 273:1 272:15 373:8 306:2 373:7 294:13 274:13 372:3 285:10 350:19 253:5 259:21 274:18 295:10 301:9 314:24 326:10 333:4 348:19 367:20 373:2 -Z- Ziegenfuss p] 358:23 359:2 359:4 -r[Resumed] p] 253:8 352:14 Verbal [i] 275:2 word p] 341:14 344:5 verbiage [i] 360:16 versus pj 343:20 367:10 via[i] 363:3 vice [i] 367:6 video [io] 251:9 312:18 323:21 323:22 324:1 330:6 352:15 370:24 VIDEOGRAPHER [io] 253:1 318:18 318:21 323:22 324:1 352:5 352:15 370:24 videotape [i] 323:17 viewp] 313:21 Village p] 250:13 372:6 323:18 352:5 312:18 330:6 worked [i3] 274:20 317:13 343:12 356:24 worth [i] write [i] 268:16 writer [i] writing pj written [s] 293:4 299:18 1wrote [i4] 310:10 314:12 320:11 322:22 344:1 271:16 317:13 358:17 340:23 256:8 316:23 260:18 299:22 285:4 315:21 333:5 271:17 326:2 359:4 330:19 261:19 308:3 285:14 320:2 334:18 272:5 334:1 359:9 261:19 358:1 310:5 320:6 334:19 viscosity p] 281:17 316:10 visit p] 273:15 340:3 visits [i] 273:24 X [2] -X252:1 252:7 Index Page 16 ELLEN WILLIAMS & ASSOCIATES, LTD. (312) 704-5250 WATER PCB-SD0000044453 COPY 371 1 COMMONWEALTH OF KENTUCKY ROWAN CIRCUIT COURT 2 CIVIL BRANCH 3 TENNESSEE GAS PIPELINE COMPANY, ) 4 Plaintiff 5 vs. ) No. 94-C1-90145 6 MONSANTO COMPANY 7 Defendant. 8 I hereby certify that I have read the foregoing 9 transcripts of my deposition given on August 22, 1995 10 and August 23, 1995, at the time and place aforesaid, 11 and I do again subscribe and make oath that the same are 12 true, correct and complete transcripts of my deposition 13 given as aforesaid, with correction sheet(s). 14 15 16 17 SUBSCRIBED AND SWORN TO 18 before me this ^ day of n c. f-- , 1995. 19 J 20 Notary Public 21 22 23 24 ELLEN WILLIAMS & ASSOCIATES, LTD. (312) 704-5250 WATER PCB-SD0000044454