Document jBRZaLR3QdgZVgdKO40Qz5KMp

In The Matter Of: Nevada Power Company v. Monsanto Company, et al. J. Coleman Weber March 19, 1993 Concannon & Jaeger General Court Reporters 705 Olive Street Suite 604 St. Louis, MO 63101 (314) 421-1000 Original File weber.dep, 87 Pages Word Index included with this Min-U-Script> WATER PCB-SD0000042736 Nevada Power Company v. Monsanto Company, et aL J. Coleman Weber March 19,1993 Page 3 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEVADA NEVADA POWER COMPANY, ) Plaintiff, ) -vs- ) # CV-89-555-LDG (LRL) MONSANTO COMPANY, GENERAL) ELECTRIC CORPORATION, etai., ) Defendants,) DISCOVERY DEPOSITION OF WITNESS, to be used in an action pending in the District Court of the United States, for the District of Nevada, wherein NEVADA POWER COM PANY Is Plaintiff, and MONSANTO COMPANY, et al. are Defendants, pursuant to Notice, under the provisions of Rule 26 of the Ruies of Civii Procedure, taken on March 19,1993, at the law offices of Messrs. Husch & Eppenberger, 100 North Broadway, St, Louis, Missouri, before John T. Concannon, a Notary Public within and for the State of Missouri. APPEARANCES The Plaintiff was represented by Mr. Ralph A. Bradley, of the law firm of Bradley & Merrell, c/o Jones, Jones, Close & Brown, 300 South Fourth Street, Ste. 700, Las Vegas, Nevada, 89101. The Defendant, Monsanto Company, was represented by Mr. Bruce A. Featherstone, of the law firm of Kirkland & Ellis, 1999 Broadway, Ste. 4000, Denver Colorado, 80202. The Defendant, Westinghouse Corporation, was represented by Ms. Laurie Basch, of the law firm of Weil, Gotshal & Manges, 767 Fifth Avenue, New York, New York, 10153. Page 4 [1] J. COLEMAN WEBER, Page 4 [2] of lawful age, being first duly sworn to tell the truth, [31 the whole truth, and nothing but the truth, deposes and hi says on behalf of the Plaintiff, as follows: [5] DIRECT EXAMINATION [6] QUESTIONS BY MR. BRADLEY: [7] Q: Would you please state your name and spell [8] your last name for the court reporter? [91 A: Last name is Weber, W-e-b-e-r, J. Coleman is [ioj the middle name. C-o-l-ern-a-n. [11] Q: Is it Mr. Weber? [12] A: Yes, sir, [13] Q: Mr.Weber, my name is Ralph Brad ley, and you [i4] and I were introduced to one another a few moments ago; is [is] that correct? [16] A: Yes. [17] Q: I represent Nevada Power Com pany in a lawsuit [isj that they brought against Monsanto, General Electric and [19] Westinghouse. Do you understand that? [20] A: Yes, sir. [21] Q: During the course of your deposi tion, I'm [22] going to ask you questions and you're going to give answers [23] and if Iask a question you don't understand, will you tell [24] me? [25] A: Yes, sir. Page 5 [i] Q: And if you answer one of my ques tions, I'm [2] going to assume you under stood the question. Fair enough? [3] A: Yes, sir. [4] Q: And if at any time during the deposition you [5] want to take a break, just let us know and we'll [6] accom modate you; all right? [7] A: Yes, sir. [8] Q: Mr. Weber, are you presently employed? [9] A: No, sir. [10] Q: Are you retired? [11] A: Yes. [12] Q: Let's talk about your educational background. [13] Did you attend college? [14] A: University of Missouri, and graduated in 1952 [is] with a Bachelor's Degree, 1959 from St. Louis University [16] with a Master's in Business Ad ministration. [17] Q: What was your Bachelor's De gree in? [is] A: Major in chemistry. [19] Q: Are you here, today, represented by an [20] attorney? [21] A: Yes. [22] Q: All right. When did you first learn that your [23] deposition would be taken? [24] A: A call a week to ten days ago. [25] Q: You were listed as either a poten tial witness Page 6 [i] in this lawsuit or somebody with knowledge about the [2] contents of orexcuse me - somebody with knowledge about [3] the subject matter of the law suit. Were you aware of that? [4] MR. FEATHERSTONE: Object to the form of the [5] question. [6] THE WITNESS: I believe you better re-ask the [7] question. [8] MR. BRADLEY: You didn't under stand it? [9] THE WITNESS: No, sir. [10] MR. BRADLEY: Okay. [ii] Q: (ByMr.Bradley)Didyouknow -- Let me ask [12] it this way. Do you know whether you've been listed as a [13] potential witness in this lawsuit? [14] A: No. [15] Q: Do you know whether you've been listed as [16] somebody with knowledge of the subject matter of this [17] lawsuit? [is] A: Yes. [19] Q: When did you first learn that? [20] A: When I was called for the deposi tion, alerted [21] to the deposition. [22] Q: All right. What is your residential address? [23] A: 518 Sunnyside Avenue, Webster Groves, [24] Missouri. [25] Q: What? Page 7 [i] A: Webster Groves, Missouri. Concannon & Jaeger (314) 421-1000 Min-U-Script [2] Q: Between 1953 and today's date, have you taken [3] any graduate level courses in chemistry? [4] A: Yes. [5] Q: When did you take those? [6] A: 1954. Fall of 1954. [7] Q: And was that the only period of time that you [8] took graduate courses in chemistry? [9] A: Probably -- Probably in 1955. [10] Q: The winter of 1955? [11] A: Yes. [12] Q: When you took those courses, were you enrolled [13] in a graduate pro gram? [14] A: No. [15] Q: Where did you take those graduate courses? [16] A: Washington University in St. Louis. [17] Q: When you graduated in 1953 -- [is] A: No. I graduated in 1952. [19] Q: I'm sorry. Thank you. When you graduated in [20] 1952, did you obtain employment? [2i] A: I was in ROTC and when I graduated, I was [22] employed by the United States Air Force for two years [23] during the Korean conflict. [24] Q: All right. And what was your military status [25] when you left the military, what rank? Page 8 [1] A: I was on active reserve. [2] Q: What rank did you have? 13) A: First Lieutenant. [4] Q: When did you first obtain employ ment outside [5] of the military following receipt of your Bachelor's in [6] 1952? [7] A: Upon discharge from active duty in the Air [8] Force in June of 1954. [9] Q: For whom did you work inJune of '54? do] A: Mallinckrodt Chemical Works, St. Louis. [11] Q: Would you spell that for me? [12] A: M-a-l-l-i-n-c-k-r-o-d-t. [13] Q: What was your job title? [14] A: I was in the quality control laboratory, the [15] uranium division in St. Louis. [16] Q: What work did you do in the quality control [17] lab? [is] A: We did analytical work for the production of [i9] uranium for the Government. [20] Q: How long did you have that job? [21] A: I worked for Mallinckrodt from 1954 until [22] February of 1961 in various capacities. Page 3 - Page 8 WATER PCB-SD0000042737 J. Coleman Weber March 19,1993 Nevada Power Company v. Monsanto Company, et aL [23] Q: Describe for me the capacities and the years [24] that you had them. [25] A: I was manager of the laboratory on Destrehan Page 9 m Street through 1958/59 time frame. Later in my career at [2] Mallinckrodt, I went to work for the Nuclear Fuel Com pany [3] in production, and left that in 1961. [4] Q: When you were first working in the quality [5] control lab in the uranium division, were you the lab [6] manager? [7] A: Later in my career. [8] Q: Roughly, what year was it that you became lab [9] manager? [io] A: '55 or '56. Hi] Q: What employment did you next have? [12] A: With Monsanto Company. [13] Q: Did that begin in 1961? [14] A: In February of 1961. [15] Q: What was the job title that you had when you [16] first began working for Monsanto? [i7] A: I was a quality control supervisor for the [is] inorganic division. [19] Q: What kind of work would you do as the quality [20] control supervisor for the inorganic division? [2i] A: Whatever products at that time that were in [22] the division, we worked on specifications and analytical [23] methods for the division, customer com plaints, customer [24] problems. [25] Q: What kind of analytical methods were you Paga 10 [1] working on in that job? [2] A: Whatever methods were used in our plant for [3] the analysis of our products that we would supply to [4] customers. [5] Q: How long did you have that posi tion? [6] A: I stayed in that position for several years, [7] and then was promoted to manager in that department. [8] Q: While you were the quality con trol supervisor, [9] did you work with any products containing PCBs? [10] A: No. [11] Q: Have you ever worked with products containing [12] PCBs while a Monsanto employee? [13] A: Yes. I was associated with it. [H] Q: You became manager of that, of the inorganic [15] division, in what year? [16] A: I don't remember. [17] Q: What work did you do as manager of the [is] inorganic division? [19] MR. FEATHERSTONE: Well, wait a minute. I [20] don't think -- He didn't say he was manager of inorganic. [21] MR. BRADLEY: I'm sorry. I thought you said [22] you began work as the quality control supervisor for the [23] inorganic division, then you were promoted to manager in [24] that depart ment. [25] A: That's correct. Page 11 [1] MR. FEATHERSTONE: My mistake. [2] Q: (By Mr.Bradley) What department did you [3] become manager of? [4] A: When I -- When they realigned Monsanto and [5] became Monsanto In dustrial Chemical Company, which was the [6] alignment between the inorganic and the organic divisions, m I became manager ofproduct acceptability for the detergent [8] and fine chemical group. [9] MR. BRADLEY: Would you repeat that answer? [io] (Whereupon, the reporter propounded the previous answer.) [11] A: That was 1972,1 think. [12] Q: (By Mr. Bradley) What type of work did you do [13] as manager of that department? [14] A: My responsibility was to make sure that our [i5] specifications defined the products we were making and that [16] we had the proper methodology for it and also, to work with [17] customer complaints and to work with the toxicology, our [18] medical department on any - getting safety data that we [19] needed on our products. [20] Q: While manager of that depart ment, did you work [21] with any Mon santo products that contained PCBs? [22] A: No. [23] Q: Give me the names of two or three types of [24] products you worked on while you were manager of that [25] department? Page 12 [i] A: Food phosphates, detergent phos phates, [2] chlorinated syneric acids. [3] Q: Did you work with the toxicology or medical [4] department regarding safety data for detergent phosphates [5] while you were manager of that depart ment? [6] A: Yes. [7] Q: To whom did you speak within the medical [8] department or toxicology department? [9] A: The toxicologist that was assigned to that, [io] for the division products, and I'm not sure of the name [in anymore, and he headed the toxicology depart ment. [12] Q: At that point in time, was there a toxicology [13] department that was separate from the medical department? [i4] A: No. It was under the director of the medical [15] department. [16] Q: Was Dr. Emmett Kelly head of the medical [17] department at the time you were department manager? [18] A: I don't remember when Dr. Kelly retired. He [193 preceded Dr. Roush. [20] Q: Dr. Roush was the head of the medical [21] department? [22] A: I don't know at that time, because I don't [23] recall whether Dr. Kelly had retired at that time. [24] Q: Oh. I see. All right. Did Dr. Roush [25] succeed Dr. Kelly as head of the medical department? [2] Q: When you wanted toxicology or medical data on [3] detergent phos phates, what did you do? Did you talk with [4] the head of the medical depart ment, did you go into a [5] library and do your own research, were you told of [6] different articles that addressed the safety issues of your [7] product? What did you do? [8] A: Depends on the question that would have been [9] asked or the data I needed on which resource I would have [10] used. [11] Q: All right. Let's work with deter gent [12] phosphates. What kind of data did you need from the [13] toxicology or the medical department regarding the safety [14] of the detergent phosphates you were working with? [15] A: Normally, in that case, since they were using [16] detergents such as dish washing or laundry detergents, we [i7] probably would get irritation data, such as skin or eye [is] data. [19] Q: And how would you get that data? [20] A: I would go to the person that was involved in [21] that data in toxicology and ask them for the information. [22] Q: And would they give you the in formation orally [23] or in written form? [24] A: Both. [25] Q: When they gave it to you in writ ten form, was Page 14 [i] it in the form of a report, or would they give you various [2] studies or what would the written material -- [3] A: The information would be provided either in a [4] summary sheet or accompanying a report or a in a memo. [5] Q: When you got the information, were studies [6] ever attached to the reports that were given to you? Page 9 - Page 14 Min-U-Script Concannon & Jaeger (314) 421-1000 WATER PCB-SD0000042738 Nevada Power Company v. Monsanto Company, et al. J. Coleman Weber March 19, 1993 [7] A: Normally, a lot of the information that [8] pertained to the products where studies were done, we had [9] copies of those reports on file for our own infor mation. [io] Q: Where would you keep copies of those reports? [in A: In the files that were assigned to me. [12] Q: And at that point in time, where was your [13] office? [14] A: It was on campus here. I believe it was in A [i5] Building. [16] Q: What do you mean when you say it what on [17] campus? [18] A: The headquarters here, at Mon santo. [19] Q: All right. Back when you were manager of the [20] department working with detergent phosphates, for ex ample, [2i] did you have a way of deter mining whether you had copies of [22) all of the reports that the toxicology or medical [23] department had? [24] A: It was not my place to have all the copies, I [25] had data that I needed to answer questions and if I didn't, Page 15 [1] I could easily obtain them from their offices. [2] Q: What was the criteria, if any, that you used [3] in deciding which reports you would maintain copies of? [4] A: I don't remember any specific criteria. I [5] would probably keep what I thought, what I personally [6] thought was pertinent. [7] Q: All right. What was your next job title at [8] Monsanto? [9] A: I retained the same title, but we realigned [10] divisions in 1975. We formed a special chemical division, [in which included four business groups. One of them was [12] detergents, one of them was food and fine, one was flavor [13] essence and one of them was the functional fluids group, [i4] which con tained the Aroclor products. [15] Q: A-r-o-c-l-o-r? [16] A: I believe. [17] Q: And when those four business groups joined [is] together in 1975, did you maintain the job title of [19] depart ment manager? [20] A: I was manager of product accept ability for the [21] special chemicals division. [22] Q: And how long had you had that job title? [23] A: I received that title in 1972. [24] Q: Prior to 1975, did you work with any Monsanto [25] products that con tained PCBs? Page 16 [1] A: No. [2] Q: Well, in 1975, did you work with products that [3] contained PCBs? [4] A: They were in our division and I did begin to [5] pick up work with them. [6] Q: What work did you pick up with them? [7] A: They were -- The same work that I would do [8] with other products. Providing information to our [9] cus tomers and making sure the specifica tions were correct [io] and that the methodology -- [ii] Q: What do you mean when you in dicate you made [12] sure the specs were okay? [13] A: The criteria that we used to sell the product [i4j or manufacture the product is what I would call the setup [15] product specifications. [16] Q: And what were the specs for Aroclor in 1975 [17] when you began your work with that product? [is] A: I don't remember. [19] Q: Would the specs have to do with the amount of [20) chlorination, for ex ample? [21] A: Yes, since it was a chlorinated hydrocarbon. [22] Q: Other than the amount of chlorine, do you [23] recall any other specs relating to Aroclor that you worked [24] with in 1975? [25] A: No, sir. Page 17 ID Q: What information, if any, were you providing [2] to customers in 1975 regarding products manufactured by [3] Monsanto which contained PCBs? [4] A: On the Aroclor products, we would send them [5] the specifications if they requested it, handling data, [6] probably a safety data sheet. Whatever -- Usually, [7] whatever they asked for we tried to respond to. [8] Q: How would customers request in formation? [9] A: By letter, by phone, through our marketing [to] people. [ii] Q: What would happen to the letters sent in by [12] customers requesting in formation on Aroclor? [13] A: Depends on what information the letter [14] contained and what was needed. [15] Q: Were the letters that were sent in by [ 16] customers requesting information on Aroclor maintained in a [i7] separate file? [is] A: There were letters that would come in to me [19] requesting informa tion that would be filed by product, as [20] were any other letters that came in. Concannon & Jaeger (314) 421-1000 Min-U-Script [21] Q: All right. And do you know whether those [22] letters still exist? [23] A: I do not know, but on any cus tomer letters [24] like that, we did not -1 did not throw anything away. [25] Q: All right. When did you retire? Page 18 in A: I retired in November of 1985. [2] Q: And at the time you retired in November of [3] 1985, do you know whether the letters from customers [4] seeking information about Aroclor still existed in your [5] files? (6) A: I have no idea. [7] Q: I'm talking about at the time you retired in [8] November of '85. [9] A: I was not involved with Aroclor at that time. [10] Q: All right. When did you cease your [ii] involvement with Aroclors? [12] A: In 1977. They realigned the divisions again. U3) Q: What job did you have after the 1977 [i4] realignment? [15] A: Maintained the same job in a dif ferent, [16] somewhat different product mix. in] Q: After the '77 realignment, were you still with [18] Aroclor products? [19] A: No. I believe I was on call because of the [20] past involvement, but I was not working with Aroclor [21] products. [22] Q: Following the '77 realignment, did you ever, [23] up until the time of your retirement, did you ever have any [24] job responsibilities where you worked with Monsanto [25] products containing PCBs? Page 19 [1] A: No. [2] Q: Whatproducts.otherthanAroclor, did [3] Monsanto manufacture that con tained PCBs between 1975 and [4] 1977? [5] A: That was all. The Aroclor product was used in [6] transformers and capacitors. m Q: Did Monsanto mix products called Inerteens [8] during that 1975 to 1977 period? [9] A: No. [10] Q; During the 1975 to 1977 period, did Monsanto [ii] mix the Aroclors with any other chemicals and give them a [12] different name? [13] A: Not to my knowledge. [14] Q: Have you ever heard the word Pydraul? [15] A: Yes. [16] Q: What is Pydraul? [17] A: It was a hydraulic fluid. [is] Q: Who manufactured Pydraul? [19] A: Monsanto,__________ ________ __ Page 15 - Page 19 WATER PCB-SD0000042739 J. Coleman Weber March 19, 1993 Nevada Power Company v. Monsanto Company, et al. [20] Q: Was it comprised of products, other than [2i] Aroclor? [22] A: Yes. [23] Q: And did Monsanto manufacture that between 1975 [24] and 1977? [25] A: Yes. Page 20 [1] Q: Did you have -- [2] MR. FEATHERSTONE: Well, it didn't. The [3] documents, you know, Mr. Brad ley, Monsanto got out of the [4] PCB/Pydraul business. There may have been Pydraul, a [5] different Pydraul name with a different formulation, but [6] that terminated sometime in the early 70s. [7] THE WITNESS: That's correct. I'm referring [8] to other than a PCB fluid type product. [9] Q: (By Mr. Bradley) All right. So be tween 1975 [io] and 1977, did the Pydraul manufactured by Monsanto contain [uj PCBs? [i2] A: The only products that contained PCBs was the [13] Aroclors, which was used in the transformers or capacitors. [14] Q: Are you familiar with the name Pyranol? [15] A: Yes. [16] Q: What is Pyranol? [17] A: I don't rememberthe formulation anymore. [is] Q: Do you know whether Monsanto ever manufactured [i9] a product called Pyranol? [20] A: I believe that's one of our tradenames. [21] Q: Did Pyranol have, as part of its mixture, [22] Aroclors that were manufac tured by Monsanto? [23] A: Not in 1975. [24] Q: Okay. How about -- Are you familiar with the [25] composition of Pyranol manufactured by Monsanto, whenever Page 21 [1] it was manufactured by Monsanto? [2] A: No. That was not in my bailiwick. 13] Q: So you don't know whether Pyranol ever [4] contained Aroclor, for example? [5] A: I don't remember the formulation. [6] Q: Not to split hairs here, but you say you don't [7] rememberthe formulation. Do you remember, though, whether [8] Pyranol every contain Aroclor? [9] A: Prior -- In the early years when they were [103 using polychlorinated biphenyls, it was in many products, [ii] and it could very well have been in that product. [12] Q: You just don't know? [13] A: I don't know. [14] Q: All right. Between 197 -- All of my [15] questions now have to do with the work that you did between [16] 1975 and 1977. [17] A: All right, [is] Q: During that period of time, did customers make [19] inquiry to you regarding Aro clor? [20] A: Yes. [21] Q: Did those inquiries come through letters? [22] A: Some of them did. [23] Q: Did some come through phone calls? [24] A: Yes. [25] Q: Did some come through the sales division? [2] Q: Was the sales division part of the marketing [3] division? [4] A: There are synonymous. The marketing [5] department or the sales department would be one in the [6] same. [7] Q: Do you recall what kinds of infor mation was [8] requested by the cus tomers regarding Aroclor? [9] A: Normally, they would request a product [io] specification. Whatever in formation we had on handling the [iij product. [12] Q: And what kind of product specs would they [13] inquire about? [i4] A: Probably the performance of the product in the [15] particular application. [16] Q: Did you receive any inquiries regarding the [17] possibility that the Aroclor might cause harm to human [is] health? [19] A: No. We had questions regarding handling of poj the product. [21] Q: Okay. During that period of time, did you [22] receive any request for infor mation concerning the [23] possibility that Aroclor might cause harm to the [24] environment? [25] A: Yes. Page 23 [i] Q: What kinds of inquiries did you get on that [2] topic? [3] A: I don't remember any specific in quiries. I [4] would say that they were concerned about whatever data we [5] had on fish studies or that type of infor mation, but I do [6] not recall anything specific. [7] Q: When a customer, during this period of time, [8] contacted you and wanted data onfish studies,for example, [9] what would you do? [10] A: We'd give them what we had. [ii] Q: From the reports that you had maintained in [12] your area? [13] A: No. Be from the original docu ment of the [14] people that were knowledgeable in that field, their [15] interpretation of the data. [16] Q: Were those people Monsanto people? [17] A: Could be. [is] Q: Were they occasionally other scientists who [193 had done their own studies? [20] A: Yes. [21] Q: Did you ever employ other scien tists to [22] respond to customer in quiries? [23] A: No. We employed people to do studies for us. [24] Q: If you determined a customer wanted data on [25] toxicology of Aroclor, what would you do? Page 24 [l] A: We'd give them a summary of what data we had [2] that was prepared by the medical department toxicologist. [3] Q: Do you recall what that summary was called? [4] A: Probably just that. [5] Q: Probably called summary of data on Aroclor [6] toxicology? Yes? [7] A: Yes. [8] Q: When the 1977 realignment oc curred, did you [9] still have the summary data forms on Aroclor toxicity? [io] A: I don't remember. [U] Q: Was there a time when the sum mary data forms [123 on Aroclor toxicity were no longer available that you knew [13] about? [14] A: I don't recall that. [15] Q: Do you recall whether the sum mary was ever [16] mailed to any cus tomers? [17] A: No specific customers, but it was our practice [is] to do that. [19] Q: So you wouldn't just read them the information [20] over the phone? You'd actually send them a summary data [21] sheet? [22] A: If the inquiry was of a nature that he wanted [23] the data over the phone, we would report that and then [24] fol low-up by sending them a written copy. [25] Q: During the 75 to 77 period, did you ever Page 25 [1] speak to anyone from Nevada Power Company? [2] A: No. Not to my knowledge. [3] Q: During that two year period of time, did you [4] ever speak with any marketing or salespeople regarding [5] Page 20 - Page 25 Min-U-Script Concannon & Jaeger (314) 421-1000 WATER PCB-SD0000042740 Nevada Power Company v. Monsanto Company, et al. J. Coleman Weber March 19, 1993 inquiries made by Nevada Power Com pany? [6] A: Not to my knowledge. [7] MR. FEATHERSTONE: Object to the form. [8] Q: (By Mr. Bradley) During that period, the two [9] year period of time, did you supply those summary data [to] forms to the marketing people? [U] A: They had those available for their need. [12] Q: What do you mean when you say that they had [13] those available? [HI A: They could obtain copies for their information [15] or for their cus tomers without any problem. [16] Q: And the way they would request copies is [17] through you? [is] A: That's correct. [19] Q: During that two year period, did anyone from [20] marketing request those summary data sheets on Aroclor [21] toxicology from you? [22] A: I don't remember any specific times, but it [23] was routine. [24] Q: Did you have any way of knowing during this [25] two year period of time whether the marketing folks were, Page 26 [1] in fact, giving those summary data sheets to customers? [2] A: Perhaps through a copy of the let ter that was [3] sent to the customer. [4] Q: Would the marketing people send those letters [5] to customers? [6] A: They would send that letter with the [7] information the customer re quested. Usually included [8] additional marketing information. [9] Q: And were you copied on those, at least on some [io] letters from marketing to customers? Hi] A: Whatever was pertinent. [12] Q: And as far as you knew, if the customer was [13] requesting summary data on Aroclor toxicology or toxicity, [H] you would probably be sent a letter, a copy of a letter? [15] A: Most likely. [16] Q: And you maintained those letters as part of [17] your filing system, as well? [18] A: I would say, yes. [19] Q: When the 1977 realignment oc curred, who, [20] within Monsanto, had the job title of manager of product [21] acceptability for the special chemicals division for the [22] products containing Aroclor? [23] A: At that time, we - the end of 1977 - we were [24] phased out of that busi ness. [25] Q: All right. So following 1977, nobody had the Page 27 [i] kind ofresponsibilityforAroclorsthat you had between [2] '75 and '77? [3] A: They were not an active -- When the business [4] was shut down, that was not an active product, but there [5] was that -- That information was still avail able to be [6] sent out to people that requested it. [7] Q: Who was responsible for sending the [8] information out when it was re quested? [9] A: I retained that for awhile, and then I believe [ioj -- I don't remember who picked it up after that. Ill] Q: When you had responsibility for the Aroclor [12] products in 1975, did you receive any training on the [13] toxicol ogy of Aroclor? [Hi MR. FEATHERSTONE: Object to the form of the [15] question. [16] MR. BRADLEY: Let me ask it in a different [17] way. [is] Q: (By Mr. Bradley) When you began your work [19] with Aroclor in 1975, did you receive any training [20] regarding the toxicology of Aroclor? [21] THE WITNESS: What type of train ing are you [22] asking about? [23] MR. BRADLEY: Regarding toxicology of [24] Aroclor. the [25] A: I was informed -- I worked with the medical Page 28 [ij department on gaining background information on the [2] Aroclors, and with research. [3] Q: Who, in the medical department, did you work [4] with regarding gaining information on Aroclor? [5] A: George Levinskas, the toxicologist at that [6] time. [7] Q: And did you meet with Dr. Levinskas to discuss [8] the toxicological aspects of Aroclor? [9] A: Yes, I met with him to discuss the toxicity of [io] the PCBs in the Aroclor products, get the background [11] infor mation. [12] Q: Do you recall when it was that you meet with 113] Dr. Levinskas? [H] A: Early when I became manager of product [15] acceptability ibr those products.Within the first week or [16] so. [17] Q: So in 1975? [18] A: Yes. Right. After they were as signed to me. [19] Q: And do you recall how much -- 120] MR. FEATHERSTONE: You might, Mr. Weber, for [21] Mr. Bradley, specify whether that was the first part of the [22] year, the middle part of the year, the end of 1975. [23] A: It was towards the fill of 1975 when the [24] division was first formed. [25] Q: (By Mr.Bradley) Do you recall -- You said Page 29 HI you met with him probably during the first week of you [2] having a new job assignment. Do you recall how much time |3] you spent with Dr. Levinskas regarding the toxicity of |4] Aroclor? [5] A: No. We spent much time together on the [6] products I had responsibility for. [7] Q: Talking now just about the toxicity of [8] Aroclor.Would you say you spent an hour with Dr. [9] Levinskas, ten minutes, two days? What would you say? [ioj A: I don't recall exactly how much time, but it [in was quite a bit, to get the background. [12] Q: When you say "quite a bit" -- [13] A: It was more than an hour and it was probably [14] over a period, developed over a period of time, months. [15] Q: So you would have occasion to speak with Dr. [16] Levinskas over the first couple of months of your new job [17] assignment? [is] A: Continuously, as I was in that group to learn [19] whatever it was I needed to know to respond to any [20] questions. [21] Q: And when you first had the job in the fall of [22] 1975, you met with him for more than an hour and up to some [23] other unspecified time? [24] A: That's correct. [25] Q: And do you recall what Dr. Levinskas told you Page 30 [1] about the toxicity of Aroclor? [2] A: No, sir. [3] Q: When you met with him, did you meet in his [4] office? [5] A: Yes. [6] Q: And his office was in the medical department? [7] A: That's correct. [8] Q: Did he show you documents? [9] A: I would say that we would have reviewed the [ioj data that I needed. [11] Q: And how did he show you the data? [12] A: I don't recall. [13] Q: Do you recall if he showed you the summary [14] data sheets? [15] A: I don't recall, [16] Q: Do you recall if he had something that was [i7j relatively detailed that listed the different studies that [isj have been conducted on Aroclor? Concannon & Jaeger (314) 421-1000 Min-U-S cript Page 26 - Page 30 WATER PCB-SD0000042741 J. Coleman Weber March 19, 1993 Nevada Power Company v. Monsanto Company, et al,, [19] A: I don't recall the specifics of our meetings. [20] Q: Okay. [2i[ A: I can just speak in general terms, that we [22] would cover any product. [231 Q: All right. And you don't recall whether he [24] showed you anything written? [25] A: He did, because that's what we dealt with, was Page 31 [1] written reports and sheets which I needed. [2] Q: What type of written reports did he show you [3] regarding the toxicity of Aroclor? [4] A: I don't recall. [5] Q: You just don't remember anything at all about [6] them? [7] A: I had so many products that I don't recall [8] exactly any specifics. I can talk in general terms on what [9] we normally reviewed on a product, which included the PCBs [io] as well as other products that were under my area. [11] Q: Do you recall whether Dr. Levinskas discussed [12] with you studies back in the 1930s that had been done on [13] chlorinated biphenyl or chlorinated diphenyl? [14] A: I don't remember. [15] Q: Do you know what chlorinated biphenyl is? [16] A: Yes. [17] Q: The same as PCBs? [is] A: PCBs are chlorinated biphenyl. [19] Q: And chlorinated biphenyls are the same as [20] chlorinated diphenyls? [21] A: Bi and di were used interchan geably. [22] Q: Do you recall whether Dr. Levinskas discussed [23] with you a report in 1937 by Dr. Drinker? [24] A: No. [25] Q: When you metwith Dr.Levinskas, did he Page 32 [i] indicate to you that studies showed PCBs could be absorbed [2] through the skin? [3] A: As I said, I don't rememberthe data that we [4] went through. [5] Q: Did Dr.Levinskas tell you anything about the, [6] any studies to determine whether PCBs caused liver changes, [7] or liver problems? [8] A: I don't remember exactly the specifics of our [9] discussion. [io] Q: During those talks you had with Dr. Levinskas, [ii] did he give you any information that was not contained on [12] those summary data sheets on the toxicity of Aroclor? [13] A: Not to my knowledge. [14] Q: So if we looked at one of those summary data [15] sheets, we'd know pretty much what information Dr. [i6] Levinskas had gave you regarding the toxicity of Aroclor? [17] A: At that particular time. [is] Q: Well, was there a time between -- Was there a [19] time when Dr.Levinskas gave you information in greater [201 detail than was on the summary data sheets? [2i] A: No. What I was referring to was new data that [22] came out. [23] Q: As new data came out, would the new data be [24] added to the summary data sheets? [25] A: We would update those things routinely. Page 33 [i] Q: And was that your responsibility, to update [2] them? [3] A: No. My job was to make sure I had the latest [4] information for the cus tomers and I would make sure -- I'd [5] go over after it, go over to the medical department and [6] make sure it was updated. [7] Q: Did the medical department do the updating? [8] A: That was their responsibility. [9] Q: The summary data sheets, then, on Aroclor [io] toxicity came from the medi cal department? [ii] A: That was their job, right. The toxicity [12] information. [13] Q: Do you know whether Dr. Levinskas was the [14] author of any of those summaries? [15] A: I don't remember. [16] Q: Do you recall whether the sum mary data sheets [17] on Aroclor toxicity mentioned chlorodibenzylfuran? [18] A: I don't remember what was in cluded in this [19] data sheets. [20] Q: I'm going so show you Plaintiff's Exhibit [2i] 1428, ask you to review that for a moment. Have you seen [22] that document before? [23] A: If my name was on as a carbon copy, yes. [24] Q: And up at the top of that docu ment, it says [25] "CCYC, Weber," and then "BLND?" Page 34 [1] A: That's "BIND." That's the office mail code. [2] Q: All right. Was that your office mail code in [3] October of 1975? [4] A: Apparently, it was. [5] Q: And this is an October 29th, 1975 letter to [6] W.B. Papageorge? [7] A: Yes. [8] Q: ByJ.P. M-i-e-u-r-e? [9] A: Yes. [10] Q: Who is J.P. M-i-e-u-r-e? [11] MR. FEATHERSTONE: It's pronounced Mieure? [12] A: Jim Mieure was head of the analytical group [13] under Bob Keller, in research. [14] Q: (By Mr. Bradley) Under Bob Keller? [15] A: Yes. His name is listed at the top of the [16] list. [17] Q: All right. [is] MR. FEATHERSTONE: You're talk ing about [19] Keller's name? [20] A: Yes. [21] MR. FEATHERSTONE: All right. [22] A: He was the manager of the department, and Jim [23] was under his management. [24] Q: (By Mr. Bradley) Looking at the first [25] sentence, "GE is aware of the chlorodibenzylfuran issue and Page 35 [i] might bring it up in their defense in the November [2] hearings." Were there November, 1975 hearings? [3] A: I do not know what he is referring to. I do [4] not remember. [5] Q: Do you know whether GE stands for anything, [6] other than General Electric? m A: No. [8] Q: Were you aware of a chlorodiben zylfuran issue [9] in October of 1975? [io] A: According to this memo, that was the [in information that they gave me. Up until that time, I don't [12] remember. [13] Q: Between 1975 and 1977, did you know what [14] chlorodibenzylfuran was? [15] A: It was a very fine trace impurity in the [16] Aroclor products. [17] Q: What do you know, then, about the toxicity of [is] any of the chlorodibenzylfurans? [19] MR. FEATHERSTONE: Object to the form. [20] A: I don't remember. [21] Q: (By Mr. Bradley) Do you remem ber anything [22] today about the toxicity of chlorodibenzylfurans? [23] A: No. [24] Q: Forgive me if I've asked this before. Did you [25] discuss chlorodiben zylfuran with Dr. Levinskas? Page 36 [i] A: We discussed the products that we were [2] manufacturing. [31 Q: I take it, that means you don't recall whether [4] you discussed it or not? Page 31 - Page 36 Min-U-Scrlpt Concannon & Jaeger (314) 421-1000 WATER PCB-SD0000042742 Nevada Power Company v. Monsanto Company, et al. J. Coleman Weber March 19, 1993 (5) A: No. |6] Q: All right. [7] A: I don't remember. [8] Q: Between 1975 and 1977, do you recall [9] discussing chlorodibenzylfuran with anyone within Monsanto? no] A: Yes. As a trace impurity in our product. Hi] Q: Do you recall who those people were that you [12] spoke to? U3] A: No. [14] Q: Do you recall, between 1975 and 1977, whether [i5] you discussed chlorodibenzylfuran with any of Monsanto's [i6] customers? [i7] A: I don't remember. [is] Q: I'm going to show you now what's mark as [19] Plaintiff's Exhibit 1451, and I don't have any extra copies [20] of that, so we'll have to have some made here. [21] A: Fine. [22] Q: What is that? [23] A: It's a inneroffice memo. "Subject matter: [24] PCB Discussions Governmen tal Agencies," November 13 and 14, [25] 1975. It says, "Attached is a summary of a review of PCBs Page 37 [i] with the various government agen cies." No summary is [2] attached. [3] Q: Who is the author of that exhibit? Hi A: Inneroffice memo. I am. [5] Q: Do you recall, on November 13 and 14 of 1975, [6] distributing a review of PCBs with various government [7] agencies? [8] MR. FEATHERSTONE: Well, that's not what it [9] is. The memo is dated November 17th. So if something was [ioj distributed, it was probably that date or later. [ii] MR. BRADLEY: I don't have it to refer to. I [12] thought he said it refer ences November 13th and 14th. [13] A: That was the dates we visited the various [14] government agencies. [15] MR. BRADLEY: All right. [16] Q: (ByMr.Bradley)And do you recall which [17] government agencies you visited on November 13th and 14th [is] of 1975? [19] A: No. Not completely, [20] Q: Okay. Which government agen cies do you recall [21] meeting with? [22] A: I would -- I would remember EPA, FDA, NIOSH. [23] That's all I remem ber. [24] Q: And where -- [25] A: It showed on the summary that's attached. Page 38 [i] Q: Were you part ofa group ofpeople who met [2] with those Government agencies on those two dates in 1975? [3] A: Yes. [4] Q: Do you recall who the others were who met with [5] those government agencies with you? [6] A: Yes. It would be Bill Papageorge, Warren [7] Easly, George Roush and myself. [8] Q: And what was the purpose of meeting with those [9] Government agencies? [ioj A: To give them the data that we had on our [ii] products and bring them up-to-date on what information we [12] had. H3] Q: Was the purpose to allow Mon santo to continue [i4] the manufacture of Aroclor? [15] A: No. It was to present the data that we had at [16] that time. I believe it was in response to their seeking [17] addition al information. [is] Q: Did you write the summary? [19] A: Yes. [20] Q: When you met with those Government agencies, [2ij did you pro vide written material to them? [22] A: I don't remember. It probably states, though, [23] in the summary. [24] Q: Well, I don't have the summary. [25] A: I don't know. I don't rememeber. Page 39 [i] Q: Do you recall whether any mem ber of your four [2] person party dis tributed any written documents to those 13] agencies? [4] A: I do not. [5] Q: Do you recall whether any of those government [6] agencies gave any of you four written documents? [7] A: I don't remember. They could have. [8] Q: When you left responsibility for the Aroclors, [9] direct responsibility, in 1977, did the summary still exist tio] in your files? [ii] A: Yes. When I left, everything I had remained [12] in the files. [13] Q: And when you left, you had in your files this [i4] summary that is referred to in this? [15] A: If I wrote that document, I would have [16] retained a copy in the files. [17] Q: And as I understand it, that sum mary would [18] have the latest informa tion available to Monsanto regarding [19] PCBs? [20] A: I do not know. [21] Q: Okay. Concannon & Jaeger (314) 421-1000 Min-U-Script [22] MR. FEATHERSTONE: You're refer ring to the [23] summary that's refer enced in the Exhibit 1451? [24] A: That summary would just be a summary of a [25] meeting we had with the people in Washington. Page 40 [1] MR. FEATHERSTONE: So the record is clear, Mr. [2] Weber. You're talking about the summary that's reference [3] in Exhibit 1451? [4] A: That is supposedly attached to that, which [5] would be a summary of a meeting we had in Washington. [6] MR. FEATHERSTONE: Ah right. [7] A: The notes we had from the meet ing. [8] Q: (By Mr. Bradley) When you ceased having [9] responsibility for the Aroclors, did you have in your file, [io] not only the summary of your review of PCBs with the [ii] various Government agnecies, but also the notes of your [12] meetings with those Government agencies? H3] MR. FEATHERSTONE: Object to the form. [14] MR. BRADLEY: Let me ask it this way, then. [15] Q: (By Mr. Bradley) When you ceased working with [i6] Aroclors, did you have in your files notes from your 117] November 13th and 14th, 1975 meet ing with various [is] Government agen cies? [i9] A: I don't remember what was in the file, but if [20] I had the notes, I did not destroy anything in that file, [21] what was intact when I left. [22] Q: Now, I'm going to show I what's marked for [23] identification as Plaintiff's Exhibit 1429 and ask you to [24] review that. [251 A: Okay. Page 41 HI Q: What is Exhibit 1429? [2] A: It's a statement I made in a meeting with [3] Russell Train on May 13tli, 1976. [4] Q: And when you met with Mr. Train in May of [5] 1976, he was the ad ministrator of the EPA? [6] A: Yes. [7] Q: And you met with him in Washington D.C.? [8] A: Yes. [9] Q: What was the purpose of your meeting with Mr. [ioj Train May 13th, 1976? [ii] A: He called a meeting of industry and other [12] interested parties to ex plain their position on PCBs in [13] products. [14] Q: Do you recall what he told you EPA's position [15] was regarding PCBs? ti6) A: No, I don't remember._________ Page 37 - Page 4l WATER PCB-SD0000042743 J. Coleman Weber March 19, 1993 Nevada Power Company v. Monsanto Company, et al. [17] Q: Did you write these remarks prior to meeting [is] with Mr. Train? [19] A: Yes. [20] Q: Did you submit these written remarks to Mr. [21] Train? [22] A: Probably was given a copy. [23] Q: Did you also present this material orally? [24] A: Yes. It was an open meeting for industry and [25] Government and the public. Page 42 [l] Q: I'm looking now at the last para graph on the [2] first page, where it says, "Based on customer feedback, the [3] transformer Industry is apparently lean ing towards.^] silicones, which are readi ly available, as the leading [5] askarel (PCB) replacement candidate." Do you see that [6] there? m A: Yes, sir. [8] Q: What customer feedback were you referring to [9] when you wrote that sentence? [io] A: I don't remember. [ill Q: Was it customer feedback from General [i2j Electric? [131 A: I don't remember the specific customer. [W] Q; What do you remember the cus tomer feedback -- [is] What do you remember about the customer feed back? [16] A: I don't remember. [17] Q: Do you recall whether Monsanto elicited [is] information from customers regarding replacement fluids for [19] as karel? [20] A: I do not know what marketing did. [21] Q: Do you know whether the trans former industry [22] used silicones as a replacement for askarel in the 1970s or [23] 1980s? [24] A: I do not know what was the re placement fluid [25] for PCBs, what they finally decided on. Page 43 [l] Q: During the 1970s, did Monsanto manufacture m silicones? [3] A: The only thing we did was do re search work on [4] the product. [5] Q: PCBs were developed as a dielectric fluid in [6] part to replace mineral oil in transformers and capacitors; m its that true? [8] A: That's correct. They were fire retardant. [9] Q: All right. And between 1930 and 1980, did [io] Monsanto ever manufac ture mineral oil? Hi] MR. FEATHERSTONE: Objection. Complete [12] absence of foundation. [13] A: Not to my knowledge. [14] Q: (By Mr. Bradley) Between 1930 and 1980, did [is] Monsanto ever manufacture transformers or capacitors? [16] A: No. [17] Q: Looking now at page two of this exhibit,the [is] second paragraph.lt says, "In the capacitor segment, the [19] trend is currently towards commodity type solutions which [20] are widely available in large quantities,such as..." [2i] p-h-t-ha-l-a-t-e "...esters." First, how do you pronounce [22] that? [23] A: Phthalate. [24] Q: What is a commodity type solu tion? [25] A: Readily available. Page 44 [l] Q: Do you recall what readily avail able material [2] was being considered for askaral replacement in capacitors? [3] A: No. [4] Q: But you do recall phthalate esters were one of [5] them? [6] A: Yes. [7] Q: Do you know whether silicon ex isted in 1930? [8] A: No. [9] Q: Do you know when silicon first existed? [10] A: No. [11] Q: When did you first learn about the existence [12] of silicon? [13] A: I don't remember. [14] Q: Is Exhibit 1429 a true copy of the remarks [15] that you had written out for your presentation on May 13th, [16] 1976 to Russell Train? [17] A: Yes, it appears to be complete. [18] Q: And is this a document that you maintained in [19] your files at Monsanto? [20] A: Yes. [21] Q: And this was written about the time of your [22] presentation on May 13th,1976? [23] A: Yes. [24] Q: Going back to Exhibit 1451. Does that appear [25] to be an accurate copy of the letter that you wrote Page 45 [1] November 17th, 1975? [2] A: Yes. 13] MR. FEATHERSTONE: It's a -- [4] A: It's an inneroffice memo. [5] Q: (By Mr. Bradley) It appears to be an accurate [6] copy of the inneroffice memo you wrote November 17th, 1975? [7] A: Yes. [8] MR. FEATHERSTONE: Wait a minute. With the 19! understanding the witness already said the summary is not [io] at tached. You mean the cover sheet; is that right? [11] MR. BRADLEY: Mr. Featherstone, I can't ask [12] him whether the summary is correct because I don't have it [13] here. I'm only asking about this exhibit, this one-page [14] exhibit. [15] A: It's a cover memo for a summary. [16] MR. BRADLEY: Right. [17] A: Okay. [18] Q: (By Mr. Bradley) And is this in neroffice [19] cover memo something that you maintained in your files at [20] Monsanto? [21] A: Yes. [22] Q: And you wrote it on or about November 17th, [23] 1975? [24] A: Yes. [25] Q: And now looking at Exhibit 1428. Page 46 [1] A: Yes. [2] Q: Is this a document that you main tained in your [3] files at Monsanto? [4] A: Yes. [5] Q: And does it appear to be a true and accurate [6] copy of a letter written by J.R Mieure to W.B. Papageorge [7] on October 29th, 1975? [8] A: Yes. [9] Q: Aroclor had -- Let me rephrase that, [io] Different numbers were iden tified for different Aroclor [in com pounds; is that correct? [12] A: Yes. [13] Q: And some of them were 1242, 1254,1260; is [14] that correct. U5] A: Yes. [16] Q: And what did the "12" refer to in that [17] numbering system for Aroclor? [18] A: The biphenyl. [19] Q: What do you mean, the biphenyl? [20] A: The parent group. The biphenyl that made up [21] the polychlorinated biphenyl. [22] Q: Did the "12" indicate the 12 carb on atoms in [23] the biphenyl structure? [24] A: It indicated biphenyl. [25] Q: And what did the last two digits indicate? Page 47 [1] A: The approximate chlorination of the biphenyl [2j group. [3] Q: Did Monsanto manufacture other Aroclor [4] compounds that also had 12 carbon atoms in a biphenyl [5] structure but which did not have a number that began with [6] 12? [7] A: Yes. It was 1016. [8] Q: Do you know how 1016 received that number? Page 42 - Page 47 Min-U-Script Concannon & Jaeger (314) 421-1000 WATER PCB-SD0000042744 Nevada Power Company v. Monsanto Company, et al. J. Coleman Weber March 19, 1993 [9] A: Yes. tio] Q: How did it receive that number? [11] A: That was a research number. [12] Q: When did it receive the number? [13] A: When -- [14] MR. FEATHERSTONE: Objection. Calls for [15] speculation. [16] MR. BRADLEY: Go ahead and answer. [17] A: The number? That would have been a number [is] assigned by the re search department on a sample when they [19] started the investigation. [20] Q: (By Mr. Bradley) Do you know if there is a [2i] reason why 1016 was not referred, did not ultimately [22] received "12" as the beginning numbers of that four number [23] identifier? [24] A: Because at the time that product came into [25] being, the familiarity with the nomenclature of 1016 was Page 48 [1] widespread and we continued that as the identity of it. [2] Q: 1016 had slightly more than fortyone percent [3] chlorine; is that correct? [4] A: I don't remember exactly. [5] Q: 1016 was developed as a replace ment for the [6] Aroclors beginning with the number 12; is that correct? [7] A: No. [8] Q: Why was 1016 developed? [9] A: It was developed to use as a capacitor fluid no] and replaced, I believe it would have been 1242. Hi] Q: Did the 1016 have 12 carbon atoms in the [12) biphenyl structure? [131 A: It was made front chlorinated biphenyl. [14] Q: Does that mean it had 12 carbon atoms? [15] A: That's what biphenyl has. [16] Q: All right. Do you recall anything about the [17] chlorine content of 1016? [18] A: It would have been in the neigh borhood of the [19] same as 1242 for the dielectric performance. [20] Q: How was it different from 1242, if it [21] had the 12 biphenyl rings and roughly 42 percent chlorine? [22] A: I believe it gave better perfor mance. [23] MR. FEATHERSTONE: Object to the form. [24] A: In capacitors. [25] Q: (By Mr. Bradley) How could it do that? [1] A: I don't know. Page 49 [2] Q: Was 1016 advertised as a replace ment for 1242? [3] A: I don't remember how it was ad vertised. [4] Q: When 10l6wasmarketedbyMonsanto, that was [5] following disclosure of alleged hazards of 1242; is that [6] correct? [7] MR. FEATHERSTONE: Object to the form. [8] THE WITNESS: I don't -- What hazards? What [9] do you mean, what hazards? [io] MR. BRADLEY: Thank you for as king me to [ii] clarify. [12] Q: (By Mr. Bradley) Was there a time when [13] Aroclor 1242 was alleged to cause harm to the environment? [14] A: The persistence of PCBs was a problem. [15] Q: Just the simple fact of their per sistence was [16] a problem? [i7] A: Yes. [is] Q: Were there any other problems with PCBs? [19] THE WITNESS: For example? [20] Q: (By Mr. Bradley) Were there any other alleged [21] hazards to the environ ment caused by PCBs? [22] A: It wasn't as readily biodegradable as people [23] would have liked and they were finding it in places that [24] were a suprise to people. [25] Q: Were there any other allegations that Aroclor Page 50 [1] 1242 caused harm to the environ ment? [2] MR. FEATHERSTONE: Object to the form. [3] A: They did not quote by product name. They used [4] the ubiquitous term "PCBs." [5] Q: (By Mr. Bradley) Were there any other [6] alleged, or any other allegations, then, that PCBs caused m any harm to the environment, other than they didn't [8] biodegrade readily? [9] A: That was the problem. [10] Q: Any other problems relating --Let me ask it [in this way. I'm interested in knowing whether you know [12] whether there were ever any other al legations that PCBs [13] caused harm to the environment, other than the fact that [14] they had difficulty biodegrad ing? [15] A: That was what caused the persist ence of PCBs [16] in the environment, was the problem. Whether it showed up [17] in water samples or fish or whatever, that was the problem, [is] It was not biodegradeable as readily as we would have [19] liked. [20] Q: What problems did the persist ence cause? [21] MR. FEATHERSTONE: Object to the form. [22] A: I don't -- There were all kinds of innuendos [23] but I do not recall any specifics, other than being [24] persis tant. [25] Q: (By Mr. Bradley) Do you know which researcher Page 51 [1] assgined 1016 the number 1016? [2] A: No. 13] Q: Do you recall how you learned that 1016 was a [4] research number? [5] A: Just that was the normal system that they [6] would use. [7] Q: All right. Why, then, didn't 1242 have a [8] research number? [9] MR. FEATHERSTONE: Object. Calls for [io] speculation. [11] A: I don't know. [12] Q: (By Mr. Bradley) Do you know whetherAroclor [13] 1242 had a research number of 1242? [14] A: I don't know. [15] Q: Do you know whether 1016 was advertised as a [16] product that would biodegrade better than 1242? [17] A: I don't remember. [is] Q: Do you recall hearing from Mon santo or its [19] employees that 1016 would biodegrade better than 1242? [20] A: I don't remember. [21] Q: Do you know whether 1016 biodegrades better (22] than 1242? [23] A: I don't remember now. [24] Q: When you met with Dr.Levinskas, you indicated [25] that was in his office? Page 52 [1] A: Yes. [2] Q: And was his office near a library? [3] A: I don't remember. [4] Q: Did the medical department within Monsanto [5] have a library? [6] A: I don't remember how extensive what they had [7] over there. [8] Q: Did you ever use any library within Monsanto [9] as part of, or during the period 1975 to 1977? [10] A: Yes. [11] Q: Which library did you use? [12] A: We had the main library in the research center [13] which was available to us. [14] Q: Where was that library physically located? [15] A: In the research center, the R Building on this [16] campus. [17] Q: Do you recall using the research center's [isj library to gain any informa tion on Aroclor? Concannon & Jaeger (314) 421-1000 Mm-U-Script Page 48 - Page 52 WATER PCB-SD0000042745 J. Coleman Weber March 19,1993 Nevada Power Company v. Monsanto Company, et al. [19] A: That library maintained peri odicals and [20] general information. They would not have, to my knowledge, [2i] toxicology data. That would be retained in the medical [22] department. [23] Q: So you didn't do any research on the [24] toxicology of Aroclor by using the research center library? [25] A: I relied on the medical depart ment for their Page 53 it] toxicology, for their interpretation. They were the [2] experts. [3] Q: Did the research center library have an [4] indexing system when you used it? [5] A: Yes. [6] Q: How was that -- Describe the in dexing system [7] to me. [8] A: Standard library system, to my knowledge. [9] What I remember. [to] Q: Tell me what you remember about it. [ill A: I don't. [12] Q: Do you recall looking up informa tion by [13] subject matter? [14] A: Yes. [15] Q: Do you recall there being an index to [i6] documents by subject mat ter? [17] A: Standard library procedure is what I remember, [is] but I can't be specific on it. I haven't been to the [19] library since I retired. I don't recall. [20] Q: I'm not certain we all agree what "standard [2i] library procedures" are, which is why I'm asking these [22] ques tions. [23] A: Well, I have been in many library since then, [24] so I can't be specific to that one. [25] Q: Do you recall whether docu ments in the Page 54 [1] research center library could be ac cessed by author? [2] A: Yes. [3] Q: Could they be accessed by date? [4] A: I don't know. 15] Q: Could the be accessed by title? [6] A: Yes. [7] Q: Were they accessed by three-byfive cards, [8] computer, some other form? [9] A: They're pretty modern down there today. I [io] don't remember exact ly what the system was then. [i i] Q: What is the system now? [12] A: I don't know. I haven't been in it in eight [13] years or longer. [14] Q: Prior to your retirement from Monsanto, did [i5] Monsanto have a policy on records retention? [16] A: Yes. [17] Q: What was the policy? [is] A: I don't remember. [19] Q: Did the policy allow the destruc tion of [20] documents after a certain period of time passed? [2i] A: They had a written procedure that was put out [22] for the general use on retaining documents. [23] Q: Did that procedure allow the destruction of [24] documents after a cer tain period of time had passed? [25] A: Whatever was prescribed in that procedure. Page 55 [i] Q: Itakeit -- You help me here. I take it, [2] the answer is yes, and whatever the procedure says for the [3] appropriate time, that's when you could get rid of [4] documents; is that what you're telling me? [5] A: It was a published document put out by the [6] corporate secretary's of fice on retention of documents, [7] general documents. There were also specific instructions [8] given on certain things that would modify that. In the [9] case of PCBs, I did not destroy any docu ments. [io] Q: Do you know whether anyone within Monsanto [ii] destroyed docu ments relating to PCBs? [12] A: I can only speak for myself. [13] Q: Did you ever hear of anyone within Monsanto [14] destroying docu ments relating to PCBs? [15] A: Not to my knowledge. [16] Q: You didn't hear anything? [17] A: No. [is] Q: Why did you not destroy any of the records you [i9] had on PCBs? [20] A: When I came into the job, I had inherited [2i] whatever documents were there on PCBs, and then I added to [22) that, and I was under instruction by our legal department [23] to retain all docu ments relating to PCBs. When that was [24] issued was prior to my coming into the job. [25] Q: And was it there when you left your job Page 56 [1] responsibility with Aroclors in 77? [2] A: When I left there, nothing was destroyed. [3] Q: When you left there, did Monsanto have [4] computers? (5) MR. FEATHERSTONE: What year are we talking [6] about? [7] MR. BRADLEY: 1977. [8] MR. FEATHERSTONE: All right. [9] MR. BRADLEY: When you left your [10] responsibility with Aroclors. [11] A: I don't remember. [12] Q: (By Mr. Bradley) When you retired in '81, did [13] Monsanto have computers? [14] A: Oh, sure. [15] MR. FEATHERSTONE: '85, first of all. [16] A: I retired in '85 .Yes, we were using word ini processors and so forth then. [18] Q: (By Mr. Bradley) Before your retirement in [19] 1985, did you ever hear that documents referring to PCBs [20] were to be destroyed? [21] A: No. [22] Q: Before you retired in '85, was there a method [23] within Monsanto for sending messages from one computer for [24] another computer without producing a hard copy? [25] A: I don't remember. In my office, we had word Page 57 [1] processing and they could use that like a typewriter. [2] Q: Did you have your own computer screen? [3] A: No. [4] Q: Prior to your retirement in '85, do you know [5] whether there was inter departmental communication by [6] computer to another computer that did not generate a piece [7] of paper with print on it? [8] A: I don't remember what the -- It wasn't in my [9] group. [io] Q: Did you ever request that the medical [ii] department obtain peri odicals relating to PCBs? [12] THE WITNESS: did I request that the medical [13] department retain peri odicals? [14] MR. BRADLEY: Obtain. [15] THE WITNESS: Obtain. [16] A: No. That would be up to them, unless there [17] was some specific ar ticle that I wanted, and I would ask [is] the library to get that for me. [19] Q: (By Mr. Bradley) You would ask the research [20] library to get that for you? [21] A: Yes. librarian to obtain an article. [22] Q: Do you recall, between 75 and 77, asking the [23] librarian to obtain any articles for you relating to [24] Aroclor or PCBs? [25] A: I don't recall any specific ones. Page 58 [i] Q: Did Dr. Levinskas indicate to you whether the [2] medical department had Page 53 - Page 58 Mm-U-Scrlpt Concannon & Jaeger (314) 421-1000 WATER PCB-SD0000042746 Nevada Power Company v. Monsanto Company, et al. copies of all of the studies that [33 had been done on the toxicity of PCBs? Hi A: I don't remember. When you say "all," I don't 15] know whether he did or didn't. [6] MR. BRADLEY: This would be a good time for me [7] to take about a five minute break. [8] THE WITNESS: I was just going to suggest [9] that. [to] MR. BRADLEY: All right. [in (Whereupon, a ten minute recess was taken.) [12] Q: (By Mr.Bradley) Did you recall -- Excuse [13] me. Do you know whether the summary of data on Aroclor [143 toxicology was prepared by the employees in Monsanto's [15] medical department or whether they shipped it out to [16] somebody else to prepare? [17] A: Well, that summary was just that, you know, a [18] short synopsis of the toxicity data that we give to [19] cus tomers and it was prepared by, it would have been [20] prepared by the toxicol ogy department. [2i] Q: Okay. Do you know what chlorinated [22] naphthalenes are? [23] A: I don't remember. [2-n Q: When you had your discussions with Dr. [25] Levinskas about the toxicity of Aroclor, did he mention Page 59 [1] chlorinated naphthalenes to you? [2] A: I don't remember. !3] Q: Do you recall whether the sum mary data sheets [4] mentioned chlorinated naphthalenes? [5] A: No, I do not. [6] Q: Other than the summary data sheets, do you [7] know whether any of Monsanto's customers were provided any [8] warnings regarding the toxicity of Aroclor? [9] A: In our labeling. [10] Q: And the labels would go on the Aroclor [in products? [12] A: The labels would be on the drum, and we would [13] send label information to the customers. We would send [i4] them whatever information they re quested. [15] Q: Other than the drum labels and the summary [16] data sheets, are you aware of any other material that was [17] given to Monsanto's customers regard ing Aroclor toxicity? [is] A: There was a -- Let's see. [19] MR. FEATHERSTONE: Object to the form. [20] Witness just testified that, and has testified earlier, [213 that there were inquiries that came in from customers and [22] they were responded to. Are you talking about in the [23] ordinary course or are you talking about -- [24] MR. BRADLEY: I'm talking about the ordinary [25] course. Page 60 [i] A: Okay. We gave them whatever data we had, plus [2] there was, let's see, an ANSI, I believe it was, a [3] guideline on Aroclors or PCBs that we also furnished and [4] any other public information that we had. [5] Q: Do you know whether Monsanto routinely sent [6] out the ANSI material to its customers who were purchasing [7] Aroclor? [8] A: Yes. [9] Q: That automatically went out with the product? no] A: No. That would go out with the data that we [ii] would send out on a product. [12] Q: All right. So if somebody didn't inquire - [133 Excuse me. If somebody didn't make an inquiry to you [14] regard ing some specific information on the toxicity of [153 Aroclor, then the informa tion that they would routinely be [16] given would be the summary data sheets and the labels? [17] THE WITNESS: No. I don't quite un derstand [is] what you're asking here. [19] MR. BRADLEY: Okay. [20] Q: (By Mr. Bradley) Well, you described for us [21] what information you'd give to customers who called you or [22] wrote to you requesting informa tion. [23] A: That includes the ANSI guideline at the same [24] time. [25] Q: All right. Page 61 [1] A: Sent out a package of data. [2] Q: And what information would cus tomers get [3] regarding the toxicity of Aroclor, if anything, if they [4] didn't just -- Just routinely and they didn't make a [5] special inquiry to you. [6] MR. FEATHERSTONE: You're talking about [7] Monsanto customers? [8] MR. BRADLEY: Yes [9] THE WITNESS: You're talking about a new [io] customer to that particular product? [11] MR. BRADLEY: Any customer, old or new. [12] A: Well, new customers on any product, they would [13] get the informa tion we had on that product, material safety [143 data sheet or whatever it was called at that time. [15] MR. BRADLEY: All right. [16] A: The label would contain whatever information [17] that was re quired at that instant in time. Concannon & Jaeger (314) 421-1000 Mm-U-Script J. Coleman Weber March 19, 1993 [is] Q: (By Mr.Bradley) Did you have any discussion [19] with Dr. Levinskas regard ing the warnings on the labels of [203 products manufactured by Monsanto that contained PCBs? [21] A: We had a label committee, or a routine that [22] every label had to go through to get reviewed and checked [23] off, and one of the review points was the medical [24] department; or the toxicology would review the safe [25] handling data that was on the draft to make sure it was Page 62 [i] correct; the industrial hygienist and the toxicologist [2] would review those statements to make sure they were [3] correct. [4] Q: Did you ever have a discussion with Dr. [5] Levinskas about the correct ness of those labels for [6] products con taining PCBs? [7] A: I reviewed the labels when they were changed [8] or updated or whatever, as part of my function, as they [9] went through that review train. [10] Q: My question is, though, whether you had any [113 discussion with Dr. Levinskas. [12] A: I don't remember any discussion. [13] Q: Did you review any documents in preparation [i4j for today's deposition? [15] A: Yes. [16] Q: What documents did you review? [17] A: Ones that you showed me today. [18] Q: Any others? [19] A: Yes. I don't remember. I would have to be [20] shown them to identify them. [2i] Q: Well, I want you to tell me as best you can [22] what you remember about them? [23] A: Memos with my signature on them, such as when [24] we sent out samples to the agencies or people that asked [25] for samples, sample requests. This document. Page 63 [1] Q: All right. How about the summary? [2] A: Yes. [3] Q: You reviewed that prior to -- [4] A: Yes. [5] Q: How about the summary of data on Aroclor [6] toxicology? Did you review that prior to today? [7] A: Never saw that. [8] Q: Did you review any internal memoranda that was [9] not written by you? [10] A: I don't know. [11] Q: When did you review the docu ments? [12] A: This morning. Page 59 - Page 63 WATER PCB-SD0000042747 J. Coleman Weber March 19,1993 (131 Q: And I don't -- [14] A: Other than there was a memo in here by Jim [i5] Mieure, which was not written by me, which I reviewed. [16) Q: Do you recall how many docu ments you reviewed [i7] this morning? [is] A: Oh, less than a dozen. Less than ten. [19] Q: Do you recall whether any of the documents had [20] a date that preceded 1974? pi] A: No. [22] Q: No, you don't recall or no, there were no [23] documents? [24] A: No. They were in this time frame you were [25] speaking of, '75-77. Page 64 m Q: Did any ofthe documents that you reviewed [2] refer to Nevada Power Company? Bl A: No. [4] Q: Did any of the documents that you reviewed [5] refer to the toxicity of Aroclor? [6] A: No. 17] Q: Did any of the -- Were any of the documents [8] that you reviewed written by you? [9] A: Yes. [10] Q: Were any of the documents ad dressed to you? [11] A: Yes. [12] Q: Were the documents that you reviewed that I U31 have not shown you, were they documents that you main tained [14] in your files at Monsanto? [15] A: If they had my name on them, they would have [16] been in my file cabinet when I left the area. [17] Q: Were you within the umbrella of the [is] transformer and capacitor division -- Excuse me.Monsanto [19] had no transformer and capacitor division. [20] A: That's correct. [21] Q: Were you asked to help identify documents that [22] might be responsive to any request for production that (23] Nevada Power Company has given to Monsanto in this case? [24] A: No. [25] Q: Were any of the documents that you reviewed Page 65 [1] addressed to anyone at General Electric? [2] A: No. 13] Q: Any of them received from, byyou from General [4] Electric? [5] A: No. [6] Q: Any of them addressed to anyone at [7] Westinghouse? [8] A: No. Page 64 - Page 68 Nevada Power Company v. Monsanto Company, et aL [9] Q: Any of them written by anyone from [io] Westinghouse? [11] A: No. [12] Q: Any of them written by an employee of [13] Industrial Biotech Laboratories? [14] A: No. Calandra's name was on the memo when we [15] visited the Govern ment agencies, as a participant. [16] Q: Have you had your deposition taken before? [17] A: Yes. [is] Q: When? [19] A: Ido not remember the exact date. Several [20] years ago. [21] Q: And in what kind of matter was it? [22] A: Involved a firm in San Francisco on a [23] dielectric matter. [24] Q: And you were retired at the time your [25] deposition was taken? Page 66 [1] A: Yes. [2] Q: Do you recall the deposition being sent to you [3] for your signature? [4] A: Yes. [5] Q: Did you sign a deposition in that case? [6] A: Yes. [7] Q: Do you have a copy of it? [8] A: No. 19] Q: Were you working with an attor ney then? [10] A: Yes. [11] Q: Who was the attorney? [12] A: I don't remember the gentleman that [13] represented me at that deposi tion. [14] Q: Do you recall what law firm he was with? [15] A: Let me see. Probably Smith, Helms. [16] Q: You just referred to a piece of paper that you [17] have in your pocket? [18] A: Yes. [19] Q: Does that have Smith, Helms' name on it? [20] A: Yes. [21] Q: Can I see the document? [22] MR. FEATHERSTONE: Well, let me see it. [23] A: No. I was trying to recall it. [24] Q: (By Mr. Bradley) This document has Mike [25] Newport's name on it and phone number? Page 67 [1] A: He's Monsanto. [2] Q: He's an attorney with Monsanto? [3] A: Yes. [4] Q: And it has, next to Smith, Helms, in [5] parentheses, the name David Moore? [6] A: Yes. [7] Q: Is that the attorney that repre sented you when [8] you had your deposition taken previously? [9] A: I don't remember. [10] Q: Do you know who David Moore is? [11] A: Yes. [12] Q: Who is David Moore? [13] A: He's an attorney with the firm I indicated [14] there, and I have spoken to him before. [15] Q: Did you speak with him about this deposition? [16] A: No. [17] Q: Underneath the name Smith, Helms are two other [i8] words. Can you tell me what those are? [19] A: Oh, that's Tim Peck. [20] Q: Who is Tim Peck? [21] A: He's a lawyer with Smith, Helms. [22] Q: Where is Smith, Helms' office? [23] A: In the Carolinas. [24] Q: Which Carolinas? [25] A: North, I think. Page 68 HI Q: Do you remember the town? [2] A: No. [3] Q: You have written down here, "'75 to 77." [4] A: That's my time frame, when I was there. [5] Q: And you also have under that, writ ten, [6] "February, '61 to November '85." [7] A: That's my employment period. [8] Q: Have you had your deposition taken in any [9] other cases? [10] A: Yes. [11] Q: What other cases? [12] A: The power company in San Fran cisco, and for [13] Outboard Marine. [14] Q: When was your deposition taken for Outboard [i5] Marine? [16] A: '82, '83. in] Q: What general areas did you give testimony on [is] in Outboard Marine? [19] A: Probably followed the same area of questioning [20] similar to what you would have asked on PCBs. [21] Q: The same areas that I have asked so far? [22] A: Similar. [23] Q: Are there areas that you were asked about that [24] I have not inquired about? [25] A: I don't recall. Min-U-Script Concannon & Jaeger (314) 421-1000 \ I WATER PCB-SD0000042748 Nevada Power Company v. Monsanto Company, et al. J. Coleman Weber March 19, 1993 Page 69 Hi Q: How about in the San Francisco case? What was [2] the subject matter of your deposition? [31 A: PCBs. I don't recall exactly what you know, [4] everything I covered on that. [5] Q: Do you recall whether you talked about any [6] matter that you and I have not discussed here, this [7] afternoon? [8] A: Not to my knowledge. [9] Q: Any other cases that you have had your [io] deposition taken in? [in A: No. [12] Q: Have you ever testified in a trial? U3] THE WITNESS: In regards to PCBs? U4] MR. BRADLEY: In regards to your work at [i5] Monsanto. [16] A: No. in] Q: (By Mr.Bradley) Between '75 and '77, did you [ia] send any material relat ing to Aroclors to any trade [i9] associa tions for electric utilities? [20] A: I do not recall any specifics but that would [2i] be on the sample requests that they would have submitted, [22] and I would have sent the sample to them. We sent samples [23] to all legitimate people that requested it. [24] Q: If they didn't request it, you wouldn't send [25] it to them? [2j MR. FEATHERSTONE: Talking about samples now. [3] A: Samples. [4] Q: (By Mr. Bradley) I'm talking now about [5] information to trade associa tion regarding Aroclor. [6] A: No. I thought you asked about samples. [7] MR. BRADLEY: Oh. [8] A: Information? We readily sent any thing they [9] wanted. [io] Q: (By Mr. Bradley) Well, did you send them [1 ij information if they didn't request it? By "them," I mean [12] trade association, between '75 and '77. Did you send them [13] any information regardingthe toxicity ofAroclors if it [14] was not specifically requested? [15] A: Tell me what trade association you're [16] referring to. [17] Q: Well,National Electrical Manufac turers [18] Association. [19] A: We dealt through the Electrical -- Let's see. [20] Electrical -- EIA, I believe. [21] MR. FEATHERSTONE: EEI? [22] A: EEI, up in Washington. Electrical [23] Q: (By Mr. Bradley) Do you recall sending any [24] information between '75 and '77 regarding the toxicity of [25] Aroclors to the National Electrical Manufacturers Page 71 [1] Association? [2] A: No. It would have to be in the files. [3] Q: Do you recall during that period sending any [4] information about toxicity of Aroclors to the Edison [5] Electrical Institute? [6] A: I do not recall any specific name of an [7] association. [8] Q: Do you recall the Electric Power Research [9] Institute, EPRI? [10] A: No. [11] Q: Do you recall in your discussions with Dr. [12] Levinskas him indicating to you that PCBs may cause harm to [13] human health? [14] MR. FEATHERSTONE: Objection. Cummulative. [15] A: No. [16] Q: (By Mr. Bradley) Do you recall in your [17] discussions with Dr. Levinskas whether he indicated to you [is] that PCBs may cause harm to the environ ment? [19] A: No. They weren't as biodegradeable. They [20] were persistant, that was the problem. [2i] Q: I'm going to show you now Plaintiff's Exhibit [22] 1526 and ask you to review that. Have you seen that [23] document before? [24] A: I don't recall. [25] Q: Is that the summary of data on Aroclor Page 72 [i] toxicology that you were referred to during your [2] deposition? [3] A: No. It would have been a Monsan to summary. [4] Q: Would it have had a Monsanto let terhead? [5] A: Yes. [6] Q: In your discussions with Dr. Levinskas, did he [7] describe for you any differences in the toxicity of [sjAroclor, ifAroclor was ingested versus ifit got on your [9] skin? [io] A: I don't remember. [ii] Q: Do you recall who Monsanto's customers were [12] for Aroclorbetween 1975 and 1977? [13] A: No, I do not remember all the customers. [14] Q: Do you know whether Monsanto was the sole [15] producer of Aroclor in the United States? [16] A: Yes. U7] Q: Do you know whether Monsanto was the sole [i8] supplier to companies that manufactured transformers and [19] capacitors within the United States? [20] A: Yes. [21] Q: And they were the sole supplier, so that I [22] understand your answer? [23] A: Yes. [24] MR. FEATHERSTONE: Objection. Calls for [25] speculation. Page 73 [l] Q: (By Mr. Bradley) Did you ever visit the [2] Industrial Biotech Laboratory? [3] A: No. [4] Q: Do you know who, if anyone, within Monsanto [5] ever visited the In dustrial Biotech Laboratory? [6] A: I do not know who visited them. When we had [7] studies, any laboratory, they would have been under the [8] su pervision of someone in the toxicology department. [9] Q: Did anyone within Monsanto's toxicology [io] department tell you that they had been out to the [ii] Industrial Biotest Labs? [12] A: I don't remember. [13] MR. FEATHERSTONE: Take second, Mr. Bradley. a [14] MR. BRADELY: All right. usj (Whereupon, a ten minute recess was taken.) U6] Q: (By Mr. Bradley) Are you aware whether [17] Monsanto entered into any agreements with its customers to [is] indemnify Monsanto if anybody alleged they were harmed by [X9] Monsanto products containing PCBs? [20] A: There was an agreement made when we supplied [21] the product. [22] Q: Were you told why Monsanto wanted those 123] indemnity agree ments? [24] A: We had no control over how they handled the [25] product. Page 74 [i] Q: Were you told that Monsanto was afraid of [2] being sued? [3] A: No. [4] Q: Were you told what difference it made how [5] people handled the product? [6] A: We gave them the information on safe handling [7] and it was up to them to follow the instructions. [8] Q: Did you meet with Congressman Ryan during the [9] 1970s? [10] A: I don't remember. [11] Q: Did anyone within Monsanto ever tell you that [12] they had met with Congressman Ryan in the 1970s? U3] A: I don't remember. [14] Q: When you began your work with Aroclor in 1975, [15] do you know Concannon & Jaeger (314) 421-1000 Min-U-Script Page 69 - Page 74 WATER PCB-SD0000042749 J. Coleman Weber March 19, 1993 Nevada Power Company v. Monsanto Company, et aL whether any other nation had banned the use of [16] PCBs? [17] A: I don't remember on that. [is] Q: Do you know whether that infor mation was [19] contained in the sum mary of data on Aroclor toxicology? [20] A: I don't remember what was in that summary. [21] Q: Have you had any discussions at any time [22] regarding allegations that Westinghouse destroyed documents [23] relating to PCBs? [24] A: I know nothing about it. [25] Q: Do you read the Wall Street Jour nal? Page 75 [i] A: Yes. [2] Q: Did you read a Wall Street Journal account [3] within the last thirty days that discussed an allegation [4] that Wes tinghouse destroyed documents per taining to, or [5] pertaining to liability from products it manufactured? [6] A: No. [7] MR. BRADLEY: I have nothing fur ther for you. [8] Thank you, very much. 19] THE WITNESS: You're welcome. no] CROSS-EXAMINATION [ill QUESTIONS BY MR. FEATHERSTONE: [12] Q: Mr. Weber, you took the job as manager of (13] product acceptability for specialty chemicals in the fall [i4] of 1975? [15] A: Yes. [16] Q: And that was the first time you became [i7] involved with PCBs? [is] A: Yes. [19] Q: And you held that function until sometime in [20] 1977, when there was a reorganization? [21] A: Yes. [22] Q: All right. And that year and a half time [23] period is the only time you were involved with PCBs? [24] A: Except for being called for depositions. [25] Q: Okay. But in your regular work history at Page 76 [1] Monsanto, that's the only time? [2] A: That I was actually involved, yes. 13] Q: All right. Now, in that position as manager [4] of product acceptability during that time period, did you [5] receive inquiries from, outside of Mon santo for samples of [6] PCBs? [7] A: Yes. [8] Q: And was it your job to respond to those [9] inquiries? [io] A: Yes. Page 75 - Page 79 [ill Q: Did you? [12] A: Yes. [13] Q: Did you provide the samples when they were [14] requested? [15] A: If they filled out the form indicat ing what [16] they needed and what specific application they wanted the [17] sample for and it was legitimate, we gave it to them. [18] Q: Did you provide samples to scien tists and [19] others connected with the Government, United States [20] Govern ment? [21] A: Yes. [22] MR. BRADLEY: Objection. It goes beyond the [23] scope of the examina tion. [24] Q: (By Mr. Featherstone) Did you provide samples [25] to scientists con nected with universities and colleges? Page 77 [1] A: Yes. [2] MR. BRADLEY: Same objection. [3] A: If they requested the samples, we gave it to [4] them. [5] MR. FEATHERSTONE: Let me see her. Would you [6] mark that is Exhibits A,B, C, and D. [7] (Whereupon, the reporter marked Defendant, Monsanto, [8] Deposition Ex hibit Letters A, B, C, and D, for [9] iden tification.) [io] MR. FEATHERSTONE: For the record, Exhibit A [11] is a three page, four page document bearing the numbers NEV [12] 015027 through 015030; Ex- hibitB is a multipage document [13] bear ing the numbers ADM 007019 through, last page doesn't [14] have a document number. Second last page, ADM 007021; [15] Exhibit C is a multipage document bearing some ADM numbers; [i6] Exhibit D is a multipage document bearing some ADM numbers. [17] Q: (ByMr.Featherstone)Allright.Mr. Weber, [is] look at Exhibit A, please. Tell us what exhibit A is. [19] A: It's a standard sample request for Aroclor [20] 1254. It's sent to the U.S. Department of Health, [21] Education and Welfare. [22] Q: Okay. Is Exhibit A a series of docu ments [23] relating to the request for Monsanto to provide a PCB [24] sample to the Government? [25] A: Yes. Page 78 [i] MR. BRADLEY: Objection. It's beyond the [2] scope, and I object to the form. It's leading. [3] MR. FEATHERSTONE: All right. [4] Q: (By Mr. Featherstone) The first page of [5] Exhibit A, is that a Monsanto form that was used? [6] A: Yes. [7] MR. BRADLEY: Same objection. [8] Q: (By Mr. Featherstone) What's the purpose of [9] Exhibit A? [io] MR. BRADLEY: Same objection, two objections. Hi] MR. FEATHERSTONE: First page of exhibit A. [12] A: To document a sample request. [13] Q: (By Mr. Featherstone) Was the first page of [14] Exhibit A sent to the plant? [15] MR. BRADLEY: Same two objec tions. [16] A: Yes. [17] Q: (By Mr. Featherstone) All right. Now, pages [is] two and three of Exhibit A, what form is that? [19] MR. BRADLEY: Same two objec tions. [20] A: Monsanto form requesting infor mation on the [2i] need for a sample. [22] Q: (By Mr. Featherstone) Is the un derlying form [23] one that Monsanto gave to someone requesting a sample of [24] PCBs? [25] MR. BRADLEY: Same two objec tions. Page 79 [i] A: Yes. This form would be sent to them before a [2] sample would be sent. [3] Q: (By Mr. Featherstone) And what was the [4] procedure once Monsanto received a completed form back [5] re questing a sample? [6] MR. BRADLEY: Objection, scope. [7] A: It was reviewed to make sure the request was [8] legitimate and if it was, then the sample request form was [9] forwarded to the plant to send the sample, [io] Q: (By Mr. Featherstone) Was the first page of [11] Exhibit A prepared after the request form pages two and [12] three of the Exhibit were completed and reviewed? (13] MR. BRADLEY: Objection. Scope and leading. [14] A: Yes. The sample request form would be [15] initiated after review of the information that came back [16] from the customer, or the person requesting the sample. [17] Q: (By Mr. Featherstone) All right. And -- [is] Exhibit A is dated November 22,1976. Is that when you had [19] your job as manager ofproduct acceptability? [20] MR. BRADLEY: Objection. leading and [21] compound. [22] A: Yes. Scope, [23] Q: (By Mr. Featherstone) Was it your job at that [24] time to review these re quests and approve them? Min-U-Scrlpt Concannon & Jaeger (314) 421-1000 WATER PCB-SD0000042750 Nevada Power Company v. Monsanto Company, et al. J. Coleman Weber March 19, 1993 [25) MR. BRADLEY: Objection. Scope. [i] A: Yes. Page 80 [2] Q: (By Mr. Featherstone) Was it your job to then bi arrange for the provision of a sampling of PCBs to the [4] re quester? [5] MR. BRADLEY: Objection. and leading. Scope [6] A: The sample request form was sent to the plant, [?i who prepared the sample and sent it on to the requester. [8] Q: (By Mr. Featherstone) Okay. Did you forward [9] -- Who forwarded the documents to the plant? [xoj MR. BRADLEY: Objection. Scope. Hi) A: Went through company mail. [12) Q: (By Mr. Featherstone) Did it originate in [13] your office? [14] MR. BRADLEY: Objection. Scope. [15] A: Yes. [16] Q: (By Mr. Featherstone) And in the case of [I?) Exhibit A, which plant provided PCBs requested? [18] MR. BRADLEY: Objection. Scope. [19] A: To our Krummrich plant. [20] Q: (By Mr. Featherstone) Let me show you Exhibit [21] B. Tell us what exhibit B is? [22] A: Exhibit B is another example the same as A, [23] Exhibit A. It's a request from the National Heart and Lung [24] Institute of the National Institutes of Health for a sample [25] of Aroclor. Page 81 [1] MR. BRADLEY: Bruce, can I have a continuing [2] objection to scope, any questions relating to these [3] documents as beyond to scope of direct exam? [4] MR. FEATHERSTONE: Sure. [5] MR. BRADLEY: Okay. [6] Q: (By Mr. Featherstone) In the -- On the [7] third page of the exhibit, there's a notation in the upper [8] left-hand corner of that page. Do you recognize it? [9] A: It's my handwriting. It says, "Okay," and the [10] initial J. til] Q: And what was the purpose of making that [12] notation? [13] A: So the secretary would prepare the sample ti4] label request and forward it to the plant. [15] Q: Were you approving the request form? [16] A: Yes. [17] Q: And what is the date of Exhibit B? [18] A: July 23,1976. [19] Q: All right. With regard the Exhibit C, would [20] you tell us the date and identify the document, please? [2i] A: Is another Sample Request Form, similarto A [22] and B.The date isjuly 23, 1976. It's to the EPA in [23] Philadelphia and again, a request for samples of Aroclor. [24] MR. BRADLEY: Bruce, may I have a continuing [25] objection to any ques tions regarding this Exhibit and Page 82 [i] Exhibit D, being beyond the scope of direct exam? [2] MR. FEATHERSTONE: Yes. 13] MR. BRADLEY: Thank you. [4] Q: (By Mr. Featherstone) Second page of Exhibit [5] C, again, is there a handwritten notation on that docu ment? [6] A: Yes. It says, "Okay," and the initial J, [7] which is my handwriting. [8] Q: And the purpose of that notation? [9] A: Secretary would prepare the sample request and [ioj forward it to the plant for supplying that sample. [ii] Q: All right. And the sample in this case was [12] one quart of Aroclor 1242 and one quart of Aroclor 1254. [13] A: Yes. [14] Q: All right. Finally, with regard the Exhibit [15] D.Would you identify Exhibit D and tell us the date of [16] that Exhibit? [i7]A: It's February 4th, 1976. Another sample [is] request for, that goes to the EPA office in Duluth, [19] Minnesota and it's one liter of Aroclor 1016. [20] Q: Would you look at the second page? Is there a [21] notation in your handwriting? [22] A: It syas, "Okay," and it appears to be my [23] handwriting. [24] Q: Again, is that approving the re quest for a [25] sample? Page 83 [i] A: Yes. [2] Q: Exhibits A through D that you just reviewed, [3] these were all sample re quest forms that were completed and [4] processed by your office; is that correct? [5] A: Yes. [6] MR. BRADLEY: Objection. Scope. [7] MR. FEATHERSTONE: All right. No further [8] questions. Thank you, [9] THE WITNESS: All right. [to] MR. FEATHERSTONE: Done? pi] MR. BRADLEY: I'm done. [12] MR. FEATHERSTONE: All right. Same [13] arrangements on signature. Is that all right with you? [14] Same arrange ments on signature that we had at Papageorge [15] and we discussed at length? [16] MR. BRADLEY: That it would be sent directly [17] to the witness? [18] [19] [20] [21] [22] [23] [24] [25] Page 84 J. Coleman Weber Subscribed and sworn to before me this __ day of , A.D., 91. Notary Public Notary Public within and for the State of ___ . MY COMMISSION EXPIRES ON THEDAY OF , A.D., 19___________________________ Page 85 STATE OF MISSOURI ) )SS COUNTY OF ST. LOUIS ) I, John T. Concannon, a Notary Public within and for the State of Missouri, duly commissioned, qualified and authorized to administer oaths and to take and certify to depositions, do hereby certify that pursuant to Notice in the civil cause now pending and undetermined in the District Court of the United States, within and for the District of Nevada, entitled NEVADA POWER COMPANY Plaintiff, -vs- MONSANTO COMPANY, et al., Defendants, to be used in the trial of said cause in said Court, I was attended at the law offices of Messrs. Husch & Eppenberger, 100 N. Broadway, Suite 1300, In the City of St. Louis, State of Missouri, by Ralph A. Bradley, attorney for the Plaintiff; by Bruce A. Featherstone, attorney for the Defendant, Monsanto Company; by Laurie Basch, attornty for the Defendant, Westinghouse; and by J, COLEMAN WEBER, the witness, in said office on March 19, 1993. The said witness, J. COLEMAN WEBER, being of sound mind and being by me first carefully examined and duly cautioned and sworn to testify the truth, the whole truth and nothing but the truth in the case aforesaid, thereupon testified as Is shown in the foregoing transcript, said testimony being by me reported In shorthand and caused to be transcribed into typewriting, and that the foregoing Page 86 pages correctly set out the testimony of the aforementioned witness, J. COLEMAN WEBER, together with the questions propounded by counsel and the remarks and objections of counsel thereto, and Is In ail respects a full, true and complete transcript of the questions propounded to and the answers given by said witness; and that said testimony, so transcribed, was subscribed to by the witness on the __ day of, A. D., 1993. I FURTHER CERTIFY that I am not of counsel nor attorney for any of the parties to said suit, nor related, nor interested in any of the parties or their attorneys. WITNESS MY HAND and Notarial Seal, given this _ day of .__, A. D., 1993, at St. Louis, Missouri. MY COMMISSION EXPIRES SEPTEMBER 12, 1994 JOHN T. CONCANNON, Notary Public, within and for the State of Missouri Page 87 April 14, 1993 Bruce A. Featherstone, Esq. Kirkland & Ellis 1999 Broadway - Ste. 4000 Denver, Colorado 80202 Re: Nevada Power Company -v- Monsanto Company, et al. Dear Mr. Featherstone: This letter, incorporated as the last page of Mr. Weber's deposition, taken on March 19, 1993, will serve as notice to you that his testimony is now ready for reading and signing of same. You will recall you indicated a preference for him reading his deposition, rather than waiving signature. Enclosed please find the original signature page of Mr. Weber's deposition, along with an eratta sheet. Please have Mr. Weber read and sign his deposition and return the original signature page to me. I will then return the signature page to the original transcript, and notify Mr. Bradley of any corrections the witness may have made. Thank you for your cooperation In this regard. Slncereiy, JOHN T. CONCANNON Concannon & Jaeger (314) 421-1000 Min-U-Script Page 80 - Page 87 WATER PCB-SD0000042751 J. Coleman Weber March 19, 1993 JTC:md Shorthand Reporter Concannon & Jaeger General Court Reporters 705 Olive Street - Ste. 604 St. Louis, Missouri 63101 Page 88 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEVADA NEVADA POWER COMPANY, ) Plaintiff, ) -vs- ) # CV-89-555-LDG (LRL) MONSANTO COMPANY, GENERAL) ELECTRIC CORPORATION, et al., ) Defendants.) WITNESS: INDEX Page: J. COLEMAN WEBER Direct Examination by Mr. Bradley 4 Cross Examination by Mr. Featherstone 75 . EXHIBITS Deposition Exhibit # 1428 ............. 33 Deposition Exhibit # 1451 ............... 36 Deposition Exhibit # 1429 ............. 40 Deposition Exhibit# 1526 ............. 71 Deposition Exhibit # A, B, C & D ... 77 Nevada Power Company v. Monsanto Company, et aL Page 88 - Page 88 Min-U-Script Concannon & Jaeger (314) 421-1000 WATER PCB-SD0000042752 Nevada Power Company v. Monsanto Company, et al. J. Coleman Weber March 19, 1993 9 '54 8:9 '55 9:10 '56 9:10 '61 68:6 70s 20:6 75 24:25; 27:2; 57:22; 68:3; 69:17; 70:12, 24 75-77 63:25 77 18:17, 22; 24:25; 27:2; 56:1; 57:22; 68:3; 69:17; 70:12, 24 '81 56:12 '82 68:16 '83 68:16 '85 18:8; 56:15,16, 22; 57:4; 68:6 o 007019 77:13 007021 77:14 015027 77:12 01503077:12 1 1016 47:7,8,21,25; 48:2, 5, 8,11,17; 49:2, 4; 51:1,1,3, 15, 19, 21; 82:19 12 46:16, 22, 22; 47:4, 6, 22; 48:6,11, 14,21 1242 46:13:48:10, 19, 20; 49:2, 5,13; 50:1; 51:7,13,13, 16, 19, 22; 82:12 1254 46:13; 77:20; 82:12 1260 46:13 13 36:24; 37:5 13th 37:12,17; 40:17; 41:3,10; 44:15, 22 14 36:24; 37:5 1428 33:21; 45:25 1429 40:23; 41:1; 44:14 1451 36:19;39:23; 40:3; 44:24 14th 37:12,17; 40:17 1526 71:22 17th 37:9; 45:1, 6, 22 1930 43:9,14; 44:7 1930s 31:12 1937 31:23 1952 5:14; 7:18, 20; 8:6 1953 7:2,17 1954 7:6, 6; 8:8, 21 1955 7:9, 10 1958/59 9:1 1959 5:15 1961 8:22; 9:3, 13, 14 197 21:14 1970s 42:22; 43:1; 74:9, 12 1972 11:11; 15:23 197463:20 1975 15:10,18, 24; 16:2,16, 24; 17:2; 19:3, 8,10, 23; 20:9, 23; 21:16; 27:12,19; 28:17,22, 23; 29:22; 34:3, 5; 35:2, 9, 13; 36:8,14, 25; 37:5,18; 38:2; 40:17; 45:1,6, 23; 46:7; 52:9; 72:12; 74:14; 75:14 accurate 44:25; 45:5; 46:5 acids 12:2 active 8:1,7; 27:3,4 actually 24:20; 76:2 added 32:24; 55:21 additional 26:8; 38:17 address 6:22 addressed 13:6; 64:10; 65:1,6 ADM 77:13,14,15, 16 Administration 5:16 administrator 41:5 advertised 49:2,3; 51:15 afraid 74:1 afternoon 69:7 1976 41:3, 5,10; 44:16, 22; 79:18; 81:18, 22; 82:17 again 18:12; 81:23; 82:5, 24 against 4:18 197718:12,13; 19:4, 8,10, 24; 20:10; 21:16; 24:8; 26:19, 23,25; 35:13; 36:8, 14; 39:9; 52:9; 56:7; 72:12; 75:20 1980 43:9,14 1980s 42:23 1985 18:1,3; 56:19 age 4:2 Agencies 36:24; 37:1,7,14,17, 20; 38:2, 5, 9, 20; 39:3, 6; 40:12,18; 62:24; 65:15 agnecies 40:11 ago 4:14; 5:24; 65:20 agree 53:20 2 22 79:18 23 81:18, 22 agreement 73:20 agreements 73:17, 23 ahead 47:16 Air 7:22; 8:7 29th 34:5; 46:7 alerted 6:20 4~ alignment 11:6 allegation 75:3 42 48:21 allegations 49:25; 50:6,12; 74:22 4th 82:17 alleged 49:5,13,20; 50:6; 73:18 5 allow 38:13; 54:19, 23 518 6:23 already 45:9 amount 16:19, 22 A A-r-o-c-l-o-r 15:15 absence 43:12 absorbed 32:1 acceptability 11:7; 15:20; 26:21; 28:15; 75:13; 76:4; 79:19 accessed 54:1,3,5, 7 accommodate 5:6 accompanying 14:4 According 35:10 account 75:2 analysis 10:3 analytical 8:18; 9:22, 25; 34:12 ANSI 60:2, 6,23 anybody 73:18 anymore 12:11; 20:17 anyone 25:1,19; 36:9; 55:10,13; 65:1, 6, 9; 73:4, 9; 74:11 Apparently 34:4; 42:3 appear 44:24; 46:5 appears 44:17; 45:5; 82:22 application 22:15; 76:16 appropriate 55:3 approve 79:24 approving 81:15; 82:24 approximate 47:1 area 23:12;31:10; 64:16; 68:19 areas 68:17,21,23 Aroclor 15:14; 16:16, 23; 17:4,12, 16; 18:4, 9,18, 20; 19:2, 5, 21; 21:4, 8, 19; 22:8,17,23; 23:25; 24:5, 9,12; 25:20; 26:13,22; 27:11,13, 19, 20, 24; 28:4, 8,10; 29:4, 8; 30:1,18; 31:3; 32:12, 16; 33:9,17; 35:16; 38:14; 46:9,10,17; 47:3; 49:13,25; 51:12; 52:18, 24; 57:24; 58:13, 25; 59:8,10,17; 60:7,15; 1:3; 63:5; 64:5; 70:5; 71:25; 72:8,8,12,15; 74:14,19; 77:19; 80:25; 81:23; 82:12, 12,19 Aroclors 18:11; 19:11; 20:13, 22; 27:1; 28:2; 39:8; 40:9,16; 48:6; 56:1, 10; 60:3; 69:18; 70:13, 25; 71:4 arrange 80:3 arrangements 83:13,14 article 57:17, 21 articles 13:6; 57:23 askaral 44:2 askarel 42:5,19, 22 aspects 28:8 assgined 51:1 assigned 12:9; 14:11; 28:18; 47:18 assignment 29:2,17 associated 10:13 association 70:5, 12, 15,18; 71:1, 7 associations 69:19 assume 5:2 atoms 46:22;47:4; 48:11,14 attached 14:6; 36:25; 37:2, 25; 40:4; 45:10 attend 5:13 attorney 5:20;66:9, 11; 67:2, 7,13 author 33:14; 37:3; 54:1 automatically 60:9 available 24:12; 25:11,13; 27:5; 39:18; 42:4; 43:20, 25; 44:1; 52:13 Avenue 6:23 aware 6:3; 34:25; 35:8; 59:16; 73:16 away 17:24 awhile 27:9 m B 77:6, 8,12; 80:21, 21, 22; 81:17, 22 BIND 34:1 Bachelor's 5:15,17; 8:5 Back 14:19; 31:12; 44:24; 79:4, 15 background 5:12; 28:1, 10; 29:11 bailiwick 21:2 banned 74:15 Based 42:2 bearing 77:11,13, 15,16 became 9:8; 10:14; 11:5,7; 28:14; 75:16 become 11:3 began 9:16; 10:22; 16:17; 27:18; 47:5; 74:14 begin 9:13; 16:4 beginning 47:22; 48:6 behalf 4:4 believe 6:6; 14:14; 15:16; 18:19; 20:20; 27:9; 38:16; 48:10, 22; 60:2; 70:20 best 62:21 better 6:6;48:22; 51:16,19, 21 beyond 76:22; 78:1; 81:3; 82:1 Bi 31:21 Bill 38:6 biodegradable 49:22 biodegrade 50:8; 51:16, 19 biodegradeable 50:18; 71:19 biodegrades 51:21 biodegrading 50:14 Biotech 65:13;73:2, 5 Biotest 73:11 biphenyl 31:13,15, 18; 46:18, 19, 20,21, 23, 24; 47:1, 4; 48:12, 13, 15, 21 biphenyls 21:10; 31:19 bit 29:11,12 BLND 33:25 Bob 34:13,14 Both 13:24 BRADELY 73:14 BRADLEY 4:6,13; 6:8, 10, 11; 10:21; 11:2, 9, 12; 20:3, 9; 25:8; 27:16,18,23; 28:21,25; 34:14, 24; 35:21; 37:11, 15,16; 40:8,14, 15; 43:14; 45:5, 11,16,18; 47:16, 20; 48:25; 49:10, 12, 20; 50:5, 25; 51:12; 56:7, 9,12, 18; 57:14, 19; 58:6, 10,12; 59:24; 60:19, 20; 61:8,11, 15, 18; 66:24; 69:14,17; 70:4, 7,10, 23; 1:16; 73:1,13,16; 75:7; 76:22; 77:2; 78:1, 7, 10,15,19, 25; 79:6, 13, 20, 25; 80:5,10, 14, 18; 81:1, 5, 24; 82:3; 83:6,11,16 break 5:5; 58:7 bring 35:1; 38:11 brought 4:18 Bruce 81:1, 24 Building 14:15; 52:15 Business 5:16; 15:11,17; 20:4; 26:24; 27:3 C 77:6, 8,15; 81:19; 82:5 C-o-l-e-m-a-n 4.10 cabinet 64:16 Calandra's 65:14 call 5:24; 16:14; 18:19 called 6:20; 19:7; 20:19; 24:3, 5; 41:11; 60:21; 61:14; 75:24 calls 21:23; 47:14; 51:9; 72:24 came 17:20; 32:22, 23; 33:10; 47:24; 55:20; 59:21; 79:15 campus 14:14,17; 52:16 can 30:21; 31:8; 55:12; 62:21; 66:21; 67:18; 81:1 candidate 42:5 capacities 8:22, 23 capacitor 43:18; 48:9; 64:18,19 capacitors 19:6; 20:13; 43:6,15; 44:2; 48:24; 72:19 Concamum & Jaeger (314) 421-1000 Min-U-Script '54 - capacitors WATER PCB-SD0000042753 J. Coleman Weber March 19, 1993 Nevada Power Company v. Monsanto Company, et al. carbon 33:23;46:22; 47:4; 48:11, 14 cards 54:7 career 9:1,7 Carolinas 67:23, 24 case 13:15; 55:9; 64:23; 66:5; 69:1; 80:16; 82:11 cases 68:9, 11; 69:9 cause 22:17,23; 49:13; 50:20; 71:12, 18 caused 32:6;49:21; 50:1,6, 13,15 CCYC 33:25 cease 18:10 ceased 40:8,15 center 52:12,15,24; 53:3; 54:1 center's 52:17 certain 53:20; 54:20, 24; 55:8 changed 62:7 changes 32:6 checked 61:22 Chemical 8:10; 11:5, 8; 15:10 chemicals 15:21; 19:11; 26:21; 75:13 chemistry 5:18; 7:3, 8 chlorinated 12:2; 16:21; 31:13, 13,15, 18, 19, 20; 48:13; 58:21; 59:1, 4 chlorination 16:20; 47:1 chlorine 16:22;48:3, 17,21 chlorodibenzylfur an 33:17; 34:25; 35:8, 14, 25; 36:9,15 chlorodibenzylfur ans 35:18, 22 clarify 49:11 clear 40:1 code 34:1, 2 COLEMAN 4:1,9 college 5:13 colleges 76:25 coming 55:24 committee 61:21 commodity 43:19, 24 communication 57:5 companies 72:18 Company 4:17;9:2, 12; 11:5; 25:1, 5; 64:2, 23; 68:12; 80:11 complaints 9:23; 11:17 Complete 43:11; 44:17 completed 79:4,12; 83:3 completely 37:19 composition 20:25 compound 79:21 compounds 46:11; 47:4 comprised 19:20 computer 54:8; 56:23, 24; 57:2, 6, 6 computers 56:4,13 concerned 23:4 concerning 22:22 conducted 30:18 conflict 7:23 Congressman 74:8, 12 connected 76:19, 25 considered 44:2 contacted 23:8 contain 20:10;21:8; 61:16 contained 11:21; 15:14,25; 16:3; 17:3, 14; 19:3; 20:12; 21:4; 32:11; 61:20; 74:19 containing 10:9,11; 18:25; 26:22; 62:6; 73:19 content 48:17 contents 6:2 continue 38:13 continued 48:1 continuing 81:1, 24 Continuously 29:18 control 8:14,16; 9:5, 17, 20; 10:8, 22; 73:24 copied 26:9 copies 14:9,10,21, 24; 15:3; 25:14,16; 36:19; 58:2 copy 24:24; 26:2,14; 33:23; 39:16; 41:22; 44:14, 25; 45:6; 46:6; 56:24; 66:7 corner 81:8 corporate 55:6 correctness 62:5 couple 29:16 course 4:21; 59:23, 25 courses 7:3,8,12, 15 court 4:8 cover 30:22; 45:10, 15,19 covered 69:4 criteria 15:2,4; 16:13 CROSS-EXAMINAT ION 75:10 Cummulative 71:14 currently 43:19 customer 9:23,23; 11:17; 17:23; 23:7, 22, 24; 26:3, 7,12; 42:2,8,11,13, 14, 15; 61:10,11; 79:16 customers 10:4; 16:9; 17:2, 8,12,16; 18:3; 21:18; 22:8; 24:16,17; 25:15; 26:1,5,10; 33:4; 36:16; 42:18; 58:19; 59:7,13,17, 21; 60:6, 21; 61:2,7,12; 72:11, 13; 73:17 D 77:6, 8,16; 82:1, 15,15; 83:2 D.C 41:7 data 11:18; 12:4; 13:2,9, 12, 17,18, 19,21; 14:25; 17:5,6; 23:4,8,15, 24; 24:1, 5,9, 11,20, 23; 25:9, 20; 26:1,13; 30:10, 11, 14; 32:3,12,14, 20, 21, 23, 23, 24; 33:9,16,19; 38:10, 15; 52:21; 58:13,18; 59:3, 6,16; 60:1,10, 16; 61:1,14, 25; 63:5; 71:25; 74:19 date 7:2; 37:10; 54:3; 63:20; 65:19; 81:17, 20, 22; 82:15 dated 37:9; 79:18 dates 37:13; 38:2 David 67:5,10,12 days 5:24; 29:9; 75:3 dealt 30:25; 70:19 decided 42:25 deciding 15:3 Defendant 77:7 defense 35:1 defined 11:15 Degree 5:15,17 department 10:7, 24; 11:2,13,18, 20, 25; 12:4, 5,8, 8,11, 13,13,15, 17,17,21, 25; 13:4,13; 14:20, 23; 15:19; 22:5,5; 24:2; 28:1, 3; 30:6; 33:5,7, 10; 34:22; 47:18; 52:4,22,25; 55:22; 57:11,13; 58:2,15, 20; 61:24; 73:8,10; 77:20 Depends 13:8; 17:13 deposes 4:3 deposition 4:21; 5:4, 23; 6:20, 21; 62:14; 65:16, 25; 66:2,5,13; 67:8,15; 68:8,14; 69:2,10; 72:2; 77:8 depositions 75:24 Describe 8:23; 53:6; 72:7 described 60:20 Destrehan 8:25 destroy 40:20; 55:9, 18 destroyed 55:11; 56:2, 20; 74:22; 75:4 destroying 55:14 destruction 54:19, 23 detail 32:20 detailed 30:17 detergent 11:7; 12:1,4; 13:3,11,14; 14:20 detergents 13:16, 16; 15:12 determine 32:6 determined 23:24 determining 14:21 developed 29:14; 43:5; 48:5, 8,9 di 31:21 dielectric 43:5; 48:19; 65:23 difference 74:4 differences 72:7 different 13:6; 18:15,16; 19:12; 20:5, 5; 27:16; 30:17; 46:10,10; 48:20 difficulty 50:14 digits 46:25 diphenyl 31:13 diphenyls 31:20 DIRECT 4:5; 39:9; 81:3; 82:1 directly 83:16 director 12:14 discharge 8:7 disclosure 49:5 discuss 28:7,9; 35:25 discussed 31:11, 22; 36:1,4,15; 69:6; 75:3; 83:15 discussing 36:9 discussion 32:9; 61:18; 62:4, 11, 12 Discussions 36:24; 58:24;71:11,17; 72:6; 74:21 dishwashing 13:16 distributed 37:10; 39:2 distributing 37:6 division 8:15;9:5, 18, 20, 22, 23; 10:15, 18, 23; 12:10; 15:10, 21; 16:4; 21:25; 22:2, 3; 26:21; 28:24; 64:18,19 divisions 11:6; 15:10; 18:12 document 23:13; 33:22, 24; 39:15; 44:18; 46:2; 55:5; 62:25; 66:21, 24; 71:23; 77:11,12,14, 15,16; 78:12; 81:20; 82:5 documents 20:3; 30:8; 39:2,6; 53:16, 25; 54:20, 22, 24; 55:4,6, 7,9,11,14, 21,23; 56:19; 62:13, 16; 63:11,16,19, 23; 64:1,4,7,10,12,13, 21, 25; 74:22; 75:4; 77:22; 80:9; 81:3 done 14:8; 23:19; 31:12; 58:3; 83:10, 11 down 27:4; 54:9; 68:3 dozen 63:18 Dr 12:16, 18,19,20, 23, 24, 25; 28:7, 13; 29:3,8, 15, 25; 31:11, 22, 23, 25; 32:5,10, 15,19; 33:13; 35:25; 51:24; 58:1,24; 61:19; 62:4,11; 71:11, 17; 72:6 draft 61:25 Drinker 31:23 drum 59:12,15 Duluth 82:18 duly 4:2 During 4:21; 5:4; 7:23; 19:8,10; 21:18; 22:21; 23:7; 24:25; 25:3,8,19,24; 29:1; 32:10; 43:1; 52:9; 71:3; 72:1; 74:8; 76:4 duty 8:7 E earlier 59:20 early 20:6; 21:9; 28:14 easily 15:1 Easly 38:7 Edison 71:4 Education 77:21 educational 5:12 EEI 70:21, 22 EIA 70:20 eight 54:12 either 5:25; 14:3 Electric 4:18; 35:6; 42:12; 65:1, 4; 69:19; 71:8 Electrical 70:17,19, 20, 22, 25; 71:5 elicited 42:17 else 58:16 Emmett 12:16 employ 23:21 employed 5:8; 7:22; 23:23 employee 10:12; 65:12 employees 51:19; 58:14 employment 7:20; 8:4; 9:11; 68:7 end 26:23; 28:22 enough 5:2 enrolled 7:12 entered 73:17 environment 22:24; 49:13, 21; 50:1, 7, 13, 16; 71:18 EPA37:22;41:5; 81:22; 82:18 EPA's 41:14 EPRI 71:9 essence 15:13 esters 43:21; 44:4 every 21:8; 61:22 everything 39:11; 69:4 exact 65:19 exactly 29:10;31:8; 32:8; 48:4; 54:10; 69:3 exam 81:3; 82:1 EXAMINATION 4:5; 76:23 example 14:20; 16:20; 21:4; 23:8; 49:19; 80:22 Except 75:24 excuse 6:2; 58:12; 60:13; 64:18 Exhibit 33:20; 36:19; 37:3; 39:23; 40:3, 23; 41:1; 43:17; 44:14, 24; 45:13,14, 25; 71:21; 77:8,10,12, 15, 16, 18,18, 22; 78:5,9,11,14,18; 79:11,12,18; 80:17, 20, 21,22, 23; 81:7, 17,19, 25; 82:1, 4, 14, 15, 16 Exhibits 77:6; 83:2 exist 17:22; 39:9 existed 18:4; 44:7, 9 existence 44:11 experts 53:2 explain 41:12 extensive 52:6 extra 36:19 eye 13:17 F fact 26:1; 49:15; 50:13 carbon - fact Min-U-Script Concannon & Jaeger (314) 421-1000 | . ! ! i I WATER PCB-SD0000042754 Nevada Power Company v. Monsanto Company, et ah J. Coleman Weber March 19, 1993 Fair 5:2 Fall 7:6; 28:23; 29:21; 75:13 familiar 20:14, 24 familiarity 47:25 far 26:12; 68:21 FDA 37:22 FEATHERSTONE 6:4; 10:19; 11:1; 20:2; 25:7; 27:14; 28:20; 34:11,18,21; 35:19; 37:8; 39:22; 40:1,6,13; 43:11; 45:3,8, 11; 47:14; 48:23; 49:7; 50:2, 21; 51:9; 56:5,8,15; 59:19; 61:6; 66:22; 70:2,21;71:14; 72:24; 73:13; 75:11; 76:24; 77:5,10,17; 78:3,4, 8,11, 13,17, 22; 79:3,10,17, 23; 80:2, 8,12,16, 20; 1:4, 6; 82:2, 4; 83:7, 10, 12 February 8:22; 9:14; 68:6; 82:17 feedback 42:2,8, 11,14,15 few 4:14 field 23:14 file 14:9; 17:17; 40:9, 19, 20; 64:16 filed 17:19 files 14:11; 18:5; 39:10,12,13,16; 40:16; 44:19;45:19; 46:3; 64:14; 71:2 filing 26:17 filled 76:15 finally 42:25; 82:14 finding 49:23 fine 11:8; 15:12; 35:15; 36:21 fire 43:8 firm 65:22; 66:14; 67:13 first 4:2; 5:22; 6:19; 8:3,4; 9:4, 16; 28:15, 21,24; 29:1,16,21; 34:24; 42:2; 43:21; 44:9,11,-56:15; 75:16; 78:4,11,13; 79:10 fish 23:5, 8; 50:17 five 58:7 flavor 15:12 fluid 19:17; 20:8; 42:24; 43:5; 48:9 fluids 15:13; 42:18 folks 25:25 follow 74:7 follow-up 24:24 followed 68:19 following 8:5; 18:22; 26:25; 49:5 follows 4:4 65:15; 76:19, 20; identifier 47:23 77:24 identify 62:20; Governmental 36:24 64:21; 81:20; 82:15 Food 12:1; 15:12 graduate 7:3,8,13, identity 48:1 Force 7:22; 8:8 Forgive 35:24 form 6:4; 13:23,25; 14:1; 25:7; 27:14; 35:19; 40:13; 48:23; 49:7; 50:2, 21; 54:8; 59:19; 76:15; 78:2,5, 18, 20, 22; 79:1,4, 8, 11,14; 80:6; 81:15, 21 formed 15:10; 28:24 15 graduated 5:14; 7:17, 18, 19, 21 greater 32:19 group 11:8; 15:13; 29:18; 34:12; 38:1; 46:20; 47:2; 57:9 groups 15:11,17 Groves 6:23; 7:1 guideline 60:3, 23 forms 24:9,11; 25:10; 83:3 H formulation 20:5, 17; 21:5, 7 hairs 21:6 forth 56:17 half 75:22 forty-one 48:2 handled 73:24; 74:5 forward 80:8; 81:14; 82:10 handling 17:5; 22:10,19; 61:25; 74:6 forwarded 79:9; 80:9 handwriting 81:9; 82:7, 21, 23 foundation 43:12 handwritten 82:5 four 15:11,17; 39:1, 6; 47:22; 77:11 frame 9:1; 63:24; 68:4 Francisco 65:22; happen 17:11 hard 56:24 harm 22:17,23; 49:13; 50:1,7,13; 71:12,18 68:12; 69:1 Fuel 9:2 function 62:8; 75:19 harmed 73:18 haven't 53:18; 54:12 hazards 49:5,8,9, functional 15:13 21 furnished 60:3 head 12:16,20,25; further 75:7; 83:7 13:4; 34:12 headed 12:11 G gain 52:18 gaining 28:1, 4 gave 13:25; 32:16, 19; 35:11; 39:6; 48:22; 60:1;74:6; 76:17; 77:3; 78:23 GE 34:25; 35:5 General 4:18; 30:21; 31:8; 35:6; 42:11; 52:20; 54:22; 55:7; 65:1,3; 68:17 generate 57:6 gentleman 66:12 George 28:5; 38:7 given 14:6;41:22; 55:8; 59:17; 60:16; 64:23 headquarters 14:18 health 22:18;71:13; 77:20; 80:24 hear 55:13,16; 56:19 heard 19:14 hearing 51:18 hearings 35:2, 2 Heart 80:23 held 75:19 Helms 66:15,19; 67:4, 17, 21, 22 help 55:1; 64:21 history 75:25 hour 29:8, 13,22 human 22:17; 71:13 hydraulic 19:17 hydrocarbon 16:21 hygienist 62:1 impurity 35:15; 36:10 included 15:11; 26:7; 31:9; 33:18 includes 60:23 indemnify 73:18 indemnity 73:23 index 53:15 indexing 53:4,6 indicate 16:11; 32:1; 46:22, 25; 58:1 indicated 46:24; 51:24; 67:13; 71:17 indicating 71:12; 76:15 Industrial 11:5; 62:1; 65:13; 73:2, 5, 11 industry 41:11,24; 42:3,21 Inerteens 19:7 information 13:21, 22; 14:3, 5,7,9; 16:8; 17:1,8,12,13,16, 19; 18:4; 22:7,10, 22; 23:5; 24:19; 25:14; 26:7, 8; 27:5,8; 28:1, 4,11; 32:11,15,19; 33:4,12; 35:11; 38:11,17; 39:18; 42:18; 52:18, 20; 53:12; 59:13,14; 60:4,14,15, 21,22; 61:2,13, 16; 70:5, 8, 11,13, 24; 71:4; 74:6, 18; 78:20; 79:15 informed 27:25 ingested 72:8 inherited 55:20 initial 81:10; 82:6 initiated 79:15 inneroffice 36:23; 37:4; 45:4, 6,18 innuendos 50:22 inorganic 9:18,20; 10:14,18,20, 23; 11:6 inquire 22:13; 60:12 inquired 68:24 inquiries 21:21; 22:16; 23:1, 3, 22; 25:5; 59:21; 76:5, 9 inquiry 21:19; 24:22; 60:13; 61:5 giving 26:1 goes 76:22; 82:18 good 58:6 Government 8:19; 37:1,6,14,17, 20; 38:2, 5, 9, 20; 39:5; 40:11,12, 18; 41:25; 1 idea 18:6 identification 40:23; 77:9 identified 46:10 instant 61:17 Institute 71:5,9; 80:24 Institutes 80:24 instruction 55:22 instructions 55:7; 74:7 intact 40:21 interchangeably 31:21 interdepartmental 57:5 interested 41:12; 50:11 internal 63:8 interpretation 23:15; 53:1 into 13:4; 47:24; 55:20, 24; 73:17 introduced 4:14 investigation 47:19 involved 13:20; 18:9; 65:22; 75:17, 23; 76:2 involvement 18:11, 20 irritation 13:17 issue 34:25; 35:8 issued 55:24 issues 13:6 J J 4:1, 9; 81:10; 82:6 J.P 34:8, 10; 46:6 Jim 34:12, 22; 63:14 job 8:13, 20; 9:15; 10:1; 15:7,18, 22; 18:13, 15, 24; 26:20; 29:2,16, 21; 33:3,11; 55:20,24, 25; 75:12; 76:8; 79:19, 23; 80:2 joined 15:17 Journal 74:25; 75:2 July 81:18, 22 June 8:8, 9 K keep 14:10; 15:5 Keller 34:13,14 Keller's 34:19 Kelly 12:16,18,23, 25 kind 9:19,25; 13:12; 22:12; 27:1; 65:21 kinds 22:7; 23:1; 50:22 knew 24:12; 26:12 knowing 25:24; 50:11 knowledge 6:1,2, 16; 19:13; 25:2,6; 32:13; 43:13; 52:20; 53:8; 55:15; 69:8 knowledgeable 23:14 Korean 7:23 Krummrich 80:19 L lab 8:17; 9:5, 5,8 label 59:13; 61:16, 21, 22; 81:14 labeling 59:9 labels 59:10,12,15; 60:16; 61:19; 62:5,7 Laboratories 65:13 laboratory 8:14,25; 73:2, 5, 7 Labs 73:11 large 43:20 last 4:8,9; 42:1; 46:25; 75:3; 77:13,14 Later 9:1, 7; 37:10 latest 33:3; 39:18 laundry 13:16 law 66:14 lawful 4:2 lawsuit 4:17; 6:1,3, 13, 17 lawyer 67:21 leading 42:4; 78:2; 79:13, 20; 80:5 leaning 42:3 learn 5:22;6:19; 29:18; 44:11 learned 51:3 least 26:9 left 7:25; 9:3; 39:8, 11,13; 40:21; 55:25; 56:2, 3, 9; 64:16 left-hand 81:8 legal 55:22 legitimate 69:23; 76:17; 79:8 length 83:15 less 63:18,18 letter 17:9,13; 26:2, 6,14,14; 34:5; 44:25; 46:6 letterhead 72:4 letters 17:11,15,18, 20, 22, 23; 18:3; 21:21; 26:4, 10,16; 77:8 level 7:3 Levinskas 28:5,7, 13; 29:3,9,16, 25; 31:11,22, 25; 32:5, 10,16,19; 33:13; 35:25; 51:24; 58:1, 25; 61:19; 62:5,11; 71:12, 17; 72:6 liability 75:5 librarian 57:21, 23 library 13:5; 52:2,5, 8,11, 12,14,18,19, 24; 53:3,8,17,19, 21, 23; 54:1; 57:18, 20 Lieutenant 8:3 Concannon & Jaeger (314) 421-1000 Min-U-Script Fair - Lieutenant WATER PCB-SD0000042755 J. Coleman Weber March 19,1993 Nevada Power Company v. Monsanto Company, et al. liked 49:23; 50:19 likely 26:15 list 34:16 listed 5:25; 6:12,15; 30:17; 34:15 liter 82:19 liver 32:6,7 located 52:14 long 8:20; 10:5; 15:22 longer 24:12; 54:13 look 77:18; 82:20 looked 32:14 Looking 34:24;42:1; 43:17; 45:25; 53:12 lot 14:7 Louis 5:15; 7:16; 8:10, 15 Lung 80:23 M M-a-l-l-i-n-c-k-r-o-d -t8:12 M-i-e-u-r-e 34:8,10 mail 34:1, 2; 80:11 mailed 24:16 main 52:12 maintain 15:3,18 maintained 17:16; 18:15; 23:11; 26:16; 44:18; 45:19; 46:2; 52:19; 64:13 Major 5:18 making 11:15; 16:9; 81:11 Mallinckrodt 8:10, 21; 9:2 management 34:23 manager 8:25; 9:6, 9; 10:7,14,17,20, 23; 11:3,7, 13, 20, 24; 12:5,17; 14:19; 15:19,20; 26:20; 28:14; 34:22; 75:12; 76:3:79:19 manufacture 16:14; 19:3,23; 38:14; 43:1, 10, 15; 47:3 manufactured 17:2; 19:18; 20:10,18,22, 25; 21:1; 61:20; 72:18; 75:5 Manufacturers 70:17, 25 manufacturing 36:2 many 21:10;31:7; 53:23; 63:16 Marine 68:13,15, 18 mark 36:18; 77:6 marked 40:22; 77:7 marketed 49:4 marketing 17:9; 22:2,4; 25:4,10, 20, 25; 26:4, 8, 10; 42:20 Master's 5:16 material 14:2; 38:21; 41:23; 44:1; 59:16; 60:6; 61:13; 69:18 matter 6:3,16; 36:23; 53:13,16; 65:21,23; 69:2, 6 may 20:4; 41:3,4, 10; 44:15, 22; 71:12, 18; 81:24 mean 14:16; 16:11; 25:12; 45:10; 46:19; 48:14; 49:9; 70:11 means 36:3 medical 11:18; 12:3, 7, 13, 14,16, 20, 25; 13:2,4, 13; 14:22; 24:2; 27:25; 28:3; 30:6; 33:5, 7,10; 52:4,21,25; 57:10, 12; 58:2, 15; 61:23 meet 28:7,12; 30:3; 74:8 meeting 37:21; 38:8; 39:25; 40:5,7,17; 41:2, 9, 11,17, 24 meetings 30:19; 40:12 member 39:1 memo 14:4; 35:10; 36:23; 37:4,9; 45:4, 6,15,19; 63:14; 65:14 memoranda 63:8 Memos 62:23 mention 58:25 mentioned 33:17; 59:4 messages 56:23 met 28:9; 29:1,22; 30:3; 31:25; 38:1,4, 20; 41:4, 7; 51:24; 74:12 method 56:22 methodology 11:16; 16:10 methods 9:23,25; 10:2 middle 4:10; 28:22 Mieure 34:11,12; 46:6; 63:15 might 22:17,23; 28:20; 35:1; 64:22 Mike 66:24 military 7:24, 25; 8:5 mineral 43:6,10 Minnesota 82:19 minute 10:19; 45:8; 58:7,11; 73:15 minutes 29:9 Missouri 5:14; 6:24; 7:1 mistake 11:1 mix 18:16; 19:7,11 mixture 20:21 modern 54:9 modify 55:8 moment 33:21 moments 4:14 Monsanto 4:18; 9:12,16; 10:12; 11:4, 5, 21; 14:18; 15:8, 24; 17:3; 18:24; 19:3,7, 10.19, 23; 20:3,10, 18, 22, 25; 21:1; 23:16; 26:20; 36:9; 38:13; 39:18; 42:17; 43:1,10,15; 44:19; 45:20; 46:3; 47:3; 49:4; 51:18; 52:4,8; 54:14,15; 55:10,13; 56:3,13, 23; 60:5; 61:7, 20; 64:14,18, 23; 67:1,2; 69:15; 2:3,4,14,17; 73:4, 17.18.19, 22; 74:1, 11; 76:1, 5; 77:7,23; 78:5, 20, 23; 79:4 Monsanto's 36:15; 58:14; 59:7,17; 72:11; 73:9 months 29:14,16 Moore 67:5,10,12 more 29:13, 22; 48:2 morning 63:12,17 Most 26:15 much 28:19; 29:2, 5, 10; 32:15; 75:8 multipage 77:12,15, 16 myself 38:7; 55:12 N name 4:7,8,9,10, 13; 12:10; 19:12; 20:5,14; 33:23; 34:15,19; 50:3; 64:15; 65:14; 66:19, 25; 67:5,17; 71:6 names 11:23 naphthalenes 58:22; 59:1, 4 nation 74:15 National 70:17,25; 80:23, 24 nature 24:22 near 52:2 need 13:12; 25:11; 78:21 needed 11:19; 13:9; 14:25; 17:14; 29:19; 30:10; 31:1; 76:16 neighborhood 48:18 NEV 77:11 Nevada 4:17; 25:1, 5; 64:2, 23 new 29:2,16; 32:21, 23, 23; 61:9, 11, 12 Newport's 66:25 next 9:11; 15:7; 67:4 NIOSH 37:22 nobody 26:25 nomenclature 47:25 normal 51:5 Normally 13:15; 14:7; 22:9; 31:9 North 67:25 notation 81:7,12; 82:5, 8,21 notes 40:7,11,16, 20 nothing 4:3; 56:2; 74:24; 75:7 November 18:1,2, 8; 35:1, 2; 36:24; 37:5,9,12,17; 40:17; 45:1,6, 22; 68:6; 79:18 Nuclear 9:2 number 47:5,8,10, 11,12,17,17, 22; 48:6; 51:1,4, 8,13; 66:25; 77:14 numbering 46:17 numbers 46:10; 47:22; 77:11,13,15, 16 one 4:14; 5:1; 15:11, 12,12,13; 20:20; 22:5; 32:14; 44:4; 53:24; 56:23; 61:23; 78:23; 82:12, 12, 19 one-page 45:13 ones 57:25; 62:17 only 7:7;20:12; 40:10; 43:3; 45:13; 55:12; 75:23; 76:1 open 41:24 orally 13:22; 41:23 ordinary 59:23,24 organic 11:6 original 23:13 originate 80:12 others 38:4;62:18; 76:19 out 20:3; 26:24; 27:6, 8; 32:22, 23; 44:15; 54:21; 55:5; 58:15; 60:6,9,10,11; 61:1; 62:24; 73:10; 76:15 Outboard 68:13,14, 18 outside 8:4; 76:5 over 24:20,23; 29:14,14,16; 33:5, 5; 52:7; 73:24 own 13:5; 14:9; 23:19; 57:2 P Object 6:4; 25:7; 27:14; 35:19; 40:13; 48:23; 49:7; 50:2,21; 51:9; 59:19; 78:2 Objection 43:11; 47:14;71:14; 72:24; 76:22; 77:2; 78:1,7, 10; 79:6,13, 20, 25; 80:5,10,14,18; 81:2, 25; 83:6 objections 78:10, 15, 19,25 obtain 7:20;8:4; 15:1; 25:14; 57:11, 14, 15,21,23 occasion 29:15 occasionally 23:18 occurred 24:8; 26:19 October 34:3,5; 35:9; 46:7 off 61:23 office 14:13:30:4,6; 34:1, 2; 51:25;52:2; 55:6; 56:25; 67:22; 80:13; 82:18; 83:4 offices 15:1 oil 43:6,10 old 61:11 once 79:4 p-h-t-h-a-l-a-t-e 43:21 package 61:1 page 42:2; 43:17; 77:11,11,13,14; 78:4,11,13; 79:10; 81:7, 8; 82:4, 20 pages 78:17; 79:11 Papageorge 34:6; 38:6; 46:6; 83:14 paper 57:7; 66:16 paragraph 42:1; 43:18 parent 46:20 parentheses 67:5 part 20:21; 22:2; 26:16;28:21,22; 38:1; 43:6; 52:9; 62:8 participant 65:15 particular 22:15; 32:17; 61:10 parties 41:12 party 39:2 passed 54:20, 24 past 18:20 PCB 20:8;36:24; 42:5; 77:23 PCB/Pydraul 20:4 PCBs 10:9,12; 11:21; 15:25; 16:3; 17:3; 18:25; 19:3; 20:11,12; 28:10; 31:9, 17, 18; 32:1, 6; 36:25; 37:6; 39:19; 40:10;41:12,15; 42:25; 43:5; 49:14, 18, 21; 50:4, 6,12, 15:55:9,11,14,19, 21,23; 56:19; 57:11, 24; 58:3; 60:3; 61:20; 62:6; 68:20; 69:3,13; 71:12,18; 73:19; 74:16, 23:75:17,23; 76:6; 8:24; 80:3, 17 Peck 67:19, 20 people 17:10;23:14, 16,16, 23; 25:10; 26:4; 27:6; 36:11; 38:1; 39:25; 49:22, 24; 62:24; 69:23; 74:5 percent 48:2, 21 performance 22:14; 48:19, 22 Perhaps 26:2 period 7:7; 19:8,10; 21:18; 22:21; 23:7; 24:25; 25:3,8, 9,19, 25; 29:14,14; 52:9; 54:20, 24; 68:7; 71:3; 75:23; 76:4 periodicals 52:19; 57:11,13 persistant 50:24; 71:20 persistence 49:14, 15; 50:15, 20 person 13:20; 39:2; 79:16 personally 15:5 pertained 14:8 pertaining 75:4, 5 pertinent 15:6; 26:11 phased 26:24 Philadelphia 81:23 phone 17:9; 21:23; 24:20, 23; 66:25 phosphates 12:1,1, 4; 13:3,12, 14; 14:20 Phthalate 43:23; 44:4 physically 52:14 pick 16:5, 6 picked 27:10 piece 57:6; 66:16 place 14:24 places 49:23 Plaintiff 4:4 Plaintiff's 33:20; 36:19; 40:23; 71:21 plant 10:2; 78:14; 79:9; 80:6,9,17,19; 81:14; 82:10 please4:7;77:18; 81:20 plus 60:1 liked - plus Min-U-Script Concannon. & Jaeger (314) 421-1000 WATER PCB-SD0000042756 Nevada Power Company v. Monsanto Company, et aL J. Coleman Weber March 19, 1993 pocket 66:17 point 12:12; 14:12 points 61:23 policy 54:15,17, 19 polychlorinated 21:10; 46:21 position 10:5,6; 41:12, 14; 76:3 possibility 22:17, 23 potential 5:25; 6:13 Power 4:17; 25:1,5; 64:2, 23; 68:12; 71:8 practice 24:17 preceded 12:19; 63:20 preparation 62:13 prepare 58:16; 81:13; 82:9 prepared 24:2; 58:14,19, 20; 79:11; 80:7 prescribed 54:25 present 38:15; 41:23 presentation 44:15, 22 presently 5:8 pretty 32:15; 54:9 previous 11:10 previously 67:8 print 57:7 Prior 15:24; 21:9; 41:17; 54:14; 55:24; 57:4; 63:3, 6 Probably 7:9,9; 13:17; 15:5; 17:6; 22:14; 24:4, 5; 26:14; 29:1,13; 37:10; 38:22; 41:22; 66:15; 68:19 problem 25:15; 49:14, 16; 50:9,16, 17; 71:20 problems 9:24; 32:7; 49:18; 50:10, 20 procedure 53:17; 54:21, 23, 25; 55:2; 79:4 procedures 53:21 processed 83:4 processing 57:1 processors 56:17 producer 72:15 producing 56:24 product 11:7; 13:7; 15:20; 16:13, 14,15, 17; 17:19; 18:16; 19:5; 20:8, 19; 21:11; 22:9,11, 12, 14, 20; 26:20; 27:4; 28:14; 30:22; 31:9; 36:10; 43:4; 47:24; 50:3; 51:16; 60:9,11; 61:10,12,13; 73:21, 25; 74:5; 75:13; 76:4; 79:19 production 8:18; 9:3; 64:22 products 9:21; 10:3, 9,11; 11:15,19,21, 24; 12:10; 14:8; 15:14, 25; 16:2,8; 17:2,4; 18:18, 21,25; 19:2, 7, 20; 20:12; 21:10; 26:22; 27:12; 28:10,15; 29:6; 31:7, 10; 35:16; 36:1; 38:11; 41:13; 59:11; 61:20; 62:6; 73:19; 75:5 program 7:13 promoted 10:7, 23 pronounce 43:21 pronounced 34:11 proper 11:16 propounded 11:10 provide 38:21; 76:13,18, 24; 77:23 provided 14:3; 59:7; 80:17 Providing 16:8; 17:1 provision 80:3 public 41:25; 60:4 published 55:5 purchasing 60:6 purpose 38:8,13; 41:9; 78:8; 81:11; 82:8 put 54:21; 55:5 Pydraul 19:14,16, 18; 20:4, 5, 10 Pyranol 20:14,16, 19, 21, 25; 21:3, 8 Q quality 8:14,16; 9:4, 17, 19; 10:8, 22 quantities 43:20 quart 82:12,12 questioning 68:19 quite 29:11,12; 60:17 quote 50:3 R R 52:15 Ralph 4:13 rank 7:25; 8:2 re-ask 6:6 read 24:19;74:25; 75:2 readily 42:4; 43:25; 44:1; 49:22; 50:8,18; 70:8 realigned 11:4; 15:9; 18:12 realignment 18:14, 17,22; 24:8; 26:19 reason 47:21 recall 12:23; 16:23; 22:7; 23:6; 24:3,14, 15; 28:12,19,25; 29:2,10,25; 30:12, 13,15,16,19, 23; 31:4,7,11,22; 33:16; 36:3,8, 11,14; 37:5, 16, 20; 38:4; 39:1, 5; 41:14; 42:17; 44:1,4; 48:16; 50:23; 51:3, 18; 52:17; 53:12,15, 19, 25; 57:22,25; 58:12; 59:3; 63:16, 19,22; 66:2,14,23; 68:25; 69:3, 5, 20; 0:23; 71:3, 6, 8,11, 16, 24; 72:11 receipt 8:5 receive 22:16,22; 27:12,19; 47:10,12; 76:5 received 15:23; 47:8, 22; 65:3; 79:4 recess 58:11; 73:15 recognize 81:8 record 40:1; 77:10 records 54:15; 55:18 refer 37:11;46:16; 64:2, 5 reference 40:2 referenced 39:23 references 37:12 referred 39:14; 47:21; 66:16; 72:1 referring 20:7; 32:21; 35:3; 39:22; 42:8; 56:19; 70:16 regard 81:19; 82:14 regarding 12:4; 13:13; 17:2; 21:19; 22:8, 16,19; 25:4; 27:20, 23; 28:4; 29:3; 31:3; 32:16; 39:18; 41:15; 42:18; 59:8, 17; 60:14; 61:3,19; 70:5,13, 24; 74:22; 81:25 regards 69:13,14 regular 75:25 relating 16:23; 50:10; 55:11, 14,23; 57:11,23; 69:18; 74:23; 77:23; 81:2 relatively 30:17 relied 52:25 remained 39:11 remarks 41:17,20; 44:14 remember 10:16; 12:18; 15:4; 16:18; 20:17; 21:5,7,7; 23:3; 24:10; 25:22; 27:10; 31:5,14; 32:3, 8; 33:15, 18; 35:4,12, 20, 21; 36:7,17; 37:22,23; 38:22; 39:7; 40:19; 41:16; 42:10,13,14,15,16; 44:13; 48:4; 49:3; 51:17, 20, 23; 52:3, 6; 53:9,10,17; 54:10, 18; 56:11, 25; 57:8; 58:4, 23; 59:2; 62:12, 19,22; 5:19; 66:12; 67:9; 68:1; 72:10,13; 73:12; 74:10,13,17, 20 rememeber 38:25 reorganization 75:20 repeat 11:9 rephrase 46:9 replace 43:6 replaced 48:10 replacement 42:5, 18,22, 24; 44:2; 48:5; 49:2 report 14:1,4; 24:23; 31:23 reporter 4:8; 11:10; 77:7 reports 14:6,9,10, 22; 15:3; 23:11; 31:1, 2 represent 4:17 represented 5:19; 66:13; 67:7 request 17:8; 22:9, 22; 25:16, 20; 57:10, 12; 64:22; 69:24; 70:11; 77:19, 23; 78:12; 79:7, 8,11, 14; 80:6, 23; 81:14,15, 21, 23; 82:9,18, 24; 83:3 requested 17:5; 22:8; 26:7; 27:6,8; 59:14;69:23;70:14; 76:14; 77:3; 80:17 requester 80:4,7 requesting 17:12, 16, 19; 26:13; 60:22; 78:20, 23; 79:5, 16 requests 62:25; 69:21; 79:24 required 61:17 research 13:5; 28:2; 34:13; 43:3; 47:11, 18; 51:4, 8,13; 52:12, 15,17, 23,24; 53:3; 54:1; 57:19; 71:8 researcher 50:25 reserve 8:1 residential 6:22 resource 13:9 respond 17:7; 23:22; 29:19; 76:8 responded 59:22 response 38:16 responsibilities 18:24 responsibility 11:14; 27:1,11; 29:6; 33:1,8; 39:8,9; 40:9; 56:1,10 responsible 27:7 responsive 64:22 retain 55:23; 57:13 retained 15:9; 27:9; 39:16; 52:21 retaining 54:22 retardant 43:8 retention 54:15; 55:6 retire 17:25 retired 5:10; 12:18, 23; 18:1, 2,7; 53:19; 56:12, 16, 22; 65:24 retirement 18:23; 54:14; 56:18; 57:4 review 33:21; 36:25; 37:6; 40:10, 24; 61:23, 24; 62:2,9,13, 16; 63:6, 8, 11; 71:22; 79:15, 24 reviewed 30:9; 31:9; 61:22; 62:7; 63:3,15, 16; 64:1,4,8, 12, 25; 79:7, 12; 83:2 rid 55:3 right 5:6, 22; 6:22; 7:24; 12:24; 13:11; 14:19; 15:7; 17:21, 25; 18:10; 20:9; 21:14,17; 26:25; 28:18; 30:23; 33:11; 34:2,17, 21; 36:6; 37:15; 40:6; 43:9; 45:10,16; 48:16; 51:7; 56:8; 58:10; 60:12, 25; 61:15; 63:1;73:14; 75:22; 76:3; 77:17; 78:3,17; 79:17; 81:19; 82:11, 14; 83:7, 9,12, 13 rings 48:21 ROTC 7:21 Roughly 9:8; 48:21 Roush 12:19, 20,24; 38:7 routine 25:23; 61:21 routinely 32:25; 60:5,15; 61:4 Russell 41-.3; 44:16 Ryan 74:8,12 s safe 61:24; 74:6 safety 11:18; 12:4; 13:6,13; 17:6; 61:13 sales 21:25; 22:2, 5 salespeople 25:4 same 15:9; 16:7; 18:15; 22:6; 31:17, 19; 48:19; 60:23; 68:19, 21; 77:2; 78:7, 10,15,19,25; 80:22; 83:12, 14 sample 47:18; 62:25; 69:21,22; 76:17; 77:19,24; 78:12, 21, 23; 79:2, 5, 8,9, 14,16; 80:6, 7, 24; 81:13, 21; 82:9, 10, 11, 17,25; 83:3 samples 50:17; 62:24, 25; 69:22; 70:2, 3, 6; 76:5,13, 18, 24; 77:3; 81:23 sampling 80:3 San 65:22;68:12; 69:1 saw 63:7 scientists 23:18,21; 76:18, 25 scope 76:23;78:2; 79:6, 13,20, 25; 80:5, 10,14,18; 81:2,3; 82:1; 83:6 screen 57:2 second 43:18; 73:13; 77:14; 82:4, 20 secretary 81:13; 82:9 secretary's 55:6 seeking 18:4; 38:16 segment 43:18 sell 16:13 send 17:4; 24:20; 26:4, 6; 59:13,13; 60:11; 69:18, 24; 70:10, 12; 79:9 sending 24:24;27:7; 56:23; 70:23; 71:3 sent 17:11,15; 26:3, 14; 27:6; 60:5; 61:1; 62:24; 66:2; 69:22, 22; 70:8; 77:20; 78:14; 79:1, 2; 80:6, 7; 83:16 sentence 34:25; 42:9 separate 12:13; 17:17 series 77:22 setup 16:14 several 10:6; 65:19 sheet 14:4; 17:6; 24:21; 45:10; 61:14 sheets 25:20; 26:1; 30:14; 31:1; 32:12, 15, 20, 24; 33:9, 16, 19; 59:3, 6,16; 60:16 shipped 58:15 short 58:18 show 30:8,11; 31:2; 33:20; 36:18; 40:22; 71:21; 80:20 showed 30:13,24; 32:1; 37:25; 50:16; 62:17 shown 62:20; 64:13 Concannon & Jaeger (314) 421-1000 Min-U-Script pocket - shown WATER PCB-SD0000042757 J. Coleman Weber March 19,1993 Nevada Power Company v. Monsanto Company, et al. shut 27:4 statements 62:2 sign 66:5 signature 62:23; 66:3; 83:13,14 States 7:22; 38:22; 72:15,19; 76:19 status 7:24 silicon 44:7,9,12 stayed 10:6 silicones 42:4,22; 43:2 still 17:22; 18:4,17; 24:9; 27:5; 39:9 similar 68:20,22; 81:21 Street 9:1; 74:25; 75:2 simple 49:15 skin 13:17; 32:2; 72:9 slightly 48:2 Smith 66:15,19; 67:4,17, 21, 22 sole 72:14,17, 21 solution 43:24 solutions 43:19 somebody 6:1,2, 16; 58:16; 60:12, 13 someone 73:8; 78:23 something 30:16; 37:9; 45:19 sometime 20:6; 75:19 somewhat 18:16 sorry 7:19; 10:21 speak 12:7;25:1,4; 29:15; 30:21; 55:12; 67:15 structure 46:23; 47:5; 48:12 studies 14:2, 5,8; 23:5,8, 19, 23; 30:17; 31:12; 32:1,6:58:2; 73:7 subject 6:3,16; 36:23; 53:13,16; 69:2 submit 41:20 submitted 69:21 succeed 12:25 sued 74:2 suggest 58:8 summaries 33:14 summary 14:4; 24:1,3, 5,9,11,15, 20; 25:9, 20; 26:1,13; 30:13; 32:12, 14, 20, 24; 33:9,16; 36:25; 37:1, 25; 38:18,23, 24; 39:9,14,17, 23, 24, 24; 40:2, 5,10; speaking 63:25 special 15:10,21; 26:21; 61:5 specialty 75:13 specific 15:4; 23:3, 6; 24:17; 25:22; 42:13; 53:18,24; 55:7; 57:17,25; 60:14; 71:6; 76:16 45:9,12,15; 58:13, 17; 59:3,6,15; 60:16; 63:1,5; 71:25;72:3; 74:19, 20 Sunnyside 6:23 supervision 73:8 supervisor 9:17,20; 10:8, 22 supplied 73:20 specifically 70:14 supplier 72:18, 21 specification 22:10 supply 10:3; 25:9 specifications 9:22; 11:15; 16:9,15; 17:5 specifics 30:19; 31:8; 32:8; 50:23; 69:20 specify 28:21 specs 16:12,16,19, 23; 22:12 speculation 47:15; 51:10; 72:25 spell 4:7; 8:11 spent 29:3, 5,8 split 21:6 spoke 36:12 spoken 67:14 supplying 82:10 supposedly 40:4 suprise 49:24 sure 11:14; 12:10; 16:9,12; 33:3,4, 6; 56:14; 61:25; 62:2; 79:7; 81:4 sworn 4:2 syas 82:22 syneric 12:2 synonymous 22:4 synopsis 58:18 system 26:17; 46:17; 51:5; 53:4,6, 8; 54:10, 11 St 5:15; 7:16; 8:10,15 Standard 53:8,17, 20; 77:19 T stands 35:5 started 47:19 state 4:7 statement 41:2 talk 5:12; 13:3; 31:8 talked 69:5 talking 18:7; 29:7; 34:18; 40:2; 56:5; 59:22, 23, 24; 61:6,9; 70:2, 4 talks 32:10 telling 55:4 ten 5:24; 29:9; 58:11; 63:18; 73:15 term 50:4 terminated 20:6 terms 30:21; 31:8 testified 59:20,20; 69:12 testimony 68:17 They're 54:9 third 81:7 thirty 75:3 though 21:7; 38:22; 62:10 thought 10:21; 15:5, 6; 37:12; 70:6 three 11:23; 77:11; 78:18; 79:12 three-by-five 54:7 throw 17:24 Tim 67:19, 20 times 25:22 title 8:13; 9:15; 15:7, 9,18, 22, 23; 26:20; 54:5 today 5:19;35:22; 54:9; 62:17; 63:6 today's 7:2; 62:14 together 15:18; 29:5 told 13:5; 29:25; 41:14; 73:22; 74:1,4 took 7:8,12; 75:12 top 33:24; 34:15 topic 23:2 towards 28:23; 42:3; 43:19 town 68:1 toxicity 24:9,12; 26:13; 28:9; 29:3,7; 30:1; 31:3; 32:12,16; 33:10,11,17; 35:17, 22; 58:3,18, 25; 59:8, 17; 60:14; 61:3; 64:5; 70:13, 24; 71:4; 72:7 toxicological 28:8 toxicologist 12:9; 24:2; 28:5; 62:1 toxicology 11:17; 12:3,8,11,12; 13:2, 13,21; 14:22; 23:25; 24:6; 25:21; 26:13; 27:13, 20, 23; 52:21, 24; 53:1; 58:14, 20; 61:24; 63:6; 72:1; 73:8, 9; 74:19 trace 35:15; 36:10 trade 69:18; 70:5, 12,15 tradenames 20:20 Train 41:3,4,10,18, 21; 44:16; 62:9 training 27:12,19, 21 transformer 42:3, 21; 64:18, 19 transformers 19:6; 20:13; 43:6,15; 72:18 trend 43:19 trial 69:12 tried 17:7 true 43:7; 44:14; 46:5 truth 4:2, 3, 3 trying 66:23 two 7:22; 11:23; 25:3,8,19,25; 29:9; 38:2; 43:17; 46:25; 67:17; 78:10,15,18, 19, 25; 79:11 type 11:12; 20:8; 23:5; 27:21; 31:2; 43:19, 24 types 11:23 typewriter 57:1 u U,S 77:20 ubiquitous 50:4 ultimately 47:21 umbrella 64:17 under 12:14; 31:10; 34:13,14,23; 55:22; 68:5; 73:7 underlying 78:22 Underneath 67:17 understood 5:2 United 7:22;72:15, 19; 76:19 universities 76:25 University 5:14,15; 7:16 unless 57:16 unspecified 29:23 up 16:5,6; 18:23; 27:10; 29:22; 33:24; 35:1,11; 46:20; 50:16; 53:12; 57:16; 70:22; 74:7 up-to-date 38:11 update 32:25; 33:1 updated 33:6; 62:8 updating 33:7 Upon 8:7 upper 81:7 uranium 8:15,19; 9:5 use 48:9; 51:6; 52:8, 11; 54:22; 57:1; 74:15 used 10:2; 13:10; 15:2; 16:13; 19:5; 20:13; 31:21; 42:22; 50:3; 53:4; 78:5 using 13:15;21:10; 52:17, 24; 56:16 Usually 17:6; 26:7 utilities 69:19 V various 8:22; 14:1; 37:1,6,13; 40:11,17 versus 72:8 visit 73:1 visited 37:13,17; 65:15; 73:5, 6 W W-e-b-e-r 4:9 W.B 34:6; 46:6 wait 10:19; 45:8 Wall 74:25; 75:2 warnings 59:8; 61:19 Warren 38:6 Washington 7:16; 39:25; 40:5; 41:7; 70:22 water 50:17 way 6:12; 14:21; 25:16,24; 27:17; 40:14; 50:11 WEBER 4:1,9,11, 13; 5:8; 28:20; 33:25; 40:2; 75:12; 77:17 Webster 6:23; 7:1 week 5:24; 28:15; 29:1 welcome 75:9 Welfare 77:21 weren't 71:19 Westinghouse 4:19; 65:7,10; 74:22; 75:4 what's 36:18; 40:22; 78:8 whenever 20:25 Whereupon 11:10; 58:11; 73:15; 77:7 whole 4:3 widely 43:20 widespread 48:1 winter 7:10 within 12:7; 26:20; 28:15; 36:9; 52:4,8; 55:10,13; 56:23; 64:17; 72:19; 73:4,9; 74:11; 75:3 without 25:15; 56:24 witness 5:25; 6:6,9, 13; 20:7; 27:21; 45:9; 49:8,19; 57:12,15; 58:8; 59:20; 60:17; 61:9; 69:13; 75:9; 83:9,17 word 19:14; 56:16, 25 words 67:18 work 8:9,16, 18; 9:2, 19; 10:9, 17, 22; 11:12,16, 17, 20; 12:3; 13:11; 15:24; 16:2, 5,6, 7,17; 21:15; 27:18; 28:3; 43:3; 69:14; 74:14; 75:25 worked 8:21; 9:22; 10:11; 11:24; 16:23; 18:24; 27:25 working 9:4,16; 10:1; 13:14; 14:20; 18:20; 40:15; 66:9 Works 8:10 write 38:18; 41:17 written 13:23,25; 14:2; 24:24; 30:24; 31:1, 2; 38:21; 39:2, 6; 41:20; 44:15,21; 46:6; 54:21; 63:9,15; 64:8; 65:9,12; 68:3,5 wrote 39:15; 42:9; 44:25; 45:6, 22; 60:22 Y year 9:8; 10:15; 25:3, 9, 19, 25; 28:22, 22; 56:5; 75:22 years 7:22; 8:23; 10:6; 21:9; 54:13; 65:20 shut - years Min-U-Script Concannon & Jaeger (314) 421-1000 1 WATER PCB-SD0000042758