Document jNzv7OY0araro0dR5eqkE77jO

IN THE UNITED STATES DISTRICT COURT DISTRICT OF NEVADA NEVADA POWER COMPANY,etc., PLAINTIFF, -vsMONSANTO COMPANY, etc., et al. , DEFENDANTS. ) ) ) ) ) ) ) ) ) ) CV-S-89-555-LDG D DEPOSITION OF E. SCOTT TUCKER PURSUANT TO NOTICE AND/OR AGREEMENT OF THE PARTIES, THE DEPOSITION OF JAMES S. TUCKER WAS TAKEN COMMENCING AT THE HOUR OF 9:03 A.M. ON THE 30TH DAY OF MARCH, 1993, AT THE OFFICES OF HAYNSWORTH, MARION, MCKAY & GUERARD, GREENVILLE, SOUTH CAROLINA. REPORTED BY: KARLA T. PITTMAN CANNON COURT REPORTING 221 LAKE CIRCLE DRIVE GREENVILLE, SOUTH CAROLINA 29609 (803) 232-9517 Impact Printing, Taylor, SC 003/244-1119 WATER PCB-SD0000055018 APPEARANCES: RALPH A. BRADLEY, ESQUIRE BRADLEY & MERRELL c/o JONES, JONES, CLOSE & BROWN, 700 BANK OF AMERICA PLAZA 300 SOUTH FOURTH STREET LAS VEGAS, NEVADA 89101-6026 CHARTERED ........... ON BEHALF OF THE PLAINTIFF BRUCE A. FEATHERSTONE, ESQUIRE KIRKLAND & ELLIS SUITE 4000, 1999 BROADWAY DENVER, COLORADO 80206 ........... ON BEHALF OF THE DEFENDANTS ALSO PRESENT: LIZ JEANIE STIPULATIONS: THIS DEPOSITION IS BEING TAKEN PURSUANT TO FEDERAL RULES OF CIVIL PROCEDURE. THE DEPONENT DOES NOT WAIVE THE RIGHT TO READ AND SIGN THE TRANSCRIPT OF THE DEPOSITION. INDEX EXAMINATION BY MR. BRADLEY................................................................... EXAMINATION BY MR. FEATHERSTONE...................................................... REEXAMINATION BY MR. BRADLEY........................................................... PAGE 3 119 122 impact Printing. Taylor*. SC 603/244-1119 WATER PCB-SD0000055019 INDEX TO EXHIBITS . PAGE PLAINTIFF'S EXHIBIT NUMBER 1603A, SEMI-CONTINUOUS ACTIVATED SLUDGE DEGRADATION STUDIES PRESENTATION, HERETO ATTACHED................................ 53 PLAINTIFF'S EXHIBIT 1603B, GRAPHIC DEPICTION OF AROCLOR 1221 RIVER WATER BIODEGRADATION STUDY, HERETOATTACHED......................................... 55 PLAINTIFF'S EXHIBIT NUMBER 1603C, BIODEGRADATION STUDY, HERETOATTACHED......................................... 56 PLAINTIFF'S EXHIBIT NUMBER 1603D, COMPILATION OF RESIDUE STUDIES, HERETO ATTACHED, 56 PLAINTIFF'S EXHIBIT 1603E, SEMI-CONTINUOUS ACTIVATED SLUDGE BIODEGRADATION STUDIES ON AROCLOR 1242, HERETO ATTACHED........................ 56 PLAINTIFF'S EXHIBIT NUMBER 1438B, HANDWRITTEN REPORT, HERETO ATTACHED...................................... 66 PLAINTIFF'S EXHIBIT NUMBER 1438C, SEMI-CONTINUOUS ACTIVATED SLUDGE BIODEGRADATION STUDY, HERETO ATTACHED........................................................................ 68 PLAINTIFF'S EXHIBIT NUMBER 1438D, ELECTRON CAPTURED CHROMATOGRAMS,HERETO ATTACHED,. 68 PLAINTIFF'S EXHIBIT NUMBER 1438E, SEMI-CONTINUOUS ACTIVATED SLUDGE TEST, HERETO ATTACHED........................................................................................... 69 PLAINTIFF'S EXHIBIT NUMBER 1438F, MEETING NOTES, HERETO ATTACHED................................................... 69 PLAINTIFF'S EXHIBIT 682A, TABLE LISTING PRIMARY AND ULTIMATE BIODEGRADABILITY RESULTS OF DIELECTRIC FLUIDS AND COMPONENTS, HERETO ATTACHED................................................................................................. 107 Impact Priming, Taylora, SC 803/244-1119 3 WATER PCB-SD0000055020 1 E. SCOTT TUCKER, 2 HAVING BEEN FIRST DULY SWORN, WAS EXAMINED AND TESTIFIED AS 3 FOLLOWS: 4 EXAMINATION BY MR. BRADLEY: 5 Q. DR. TUCKER, MY NAME IS RALPH BRADLEY, AND WE 6 INTRODUCED OURSELVES TO ONE ANOTHER JUST A FEW MOMENTS 7 AGO; IS THAT TRUE? 8 A. YES, SIR. 9 Q. YOU KNOW THAT I REPRESENT NEVADA POWER COMPANY IN THIS 10 LAWSUIT THEY'VE BROUGHT AGAINST MONSANTO, GENERAL 11 ELECTRIC, AND WESTINGHOUSE, YES? 12 A. YES. IS THAT AN ANSWER FOR ME OR DO YOU WANT ME TO 13 ANSWER THAT? 14 Q. I DO WANT YOU TO ANSWER THAT. 15 A. YES, SIR. 16 Q. HAVE YOU HAD YOUR DEPOSITION TAKEN BEFORE? 17 A. YES, SIR. 18 Q. DO YOU KNOW THE PURPOSES OF A DEPOSITION? 19 A. YES, SIR. 20 Q. ARE YOU HERE TODAY REPRESENTED BY AN ATTORNEY? 21 A. YES, SIR. 22 Q. IF DURING THE COURSE OF THIS EXAMINATION YOU WANT TO 23 TAKE A BREAK, JUST LET ME KNOW AND WE'LL ACCOMMODATE 24 YOU, ALL RIGHT? 25 A. OKAY, THANK YOU. WATER PCB-SD0000055021 Impact Printing, Taylors. SC 803/244-1119 Q. AND IF DURING THE COURSE OF THIS EXAMINATION I ASK A QUESTION THAT YOU DON'T UNDERSTAND, PLEASE TELL ME, ALL RIGHT? A. YES, SIR. Q. DID YOU REVIEW ANY DOCUMENTS IN PREPARATION FOR TODAY'S DEPOSITION? A. YES, SIR. Q. WHICH DOCUMENTS DID YOU REVIEW? 9 A. A NUMBER OF THEM. I DON'T REMEMBER SPECIFICALLY, NOR 10 COULD I POSSIBLY NAME EACH ONE INDIVIDUALLY. BUT I'M 11 SURE THAT THAT COULD BE PRODUCED IF YOU NEED IT. 12 Q. TELL ME THE NATURE OF THE DOCUMENTS THAT YOU REVIEWED. 13 A. THE NATURE OF THE DOCUMENTS WERE RELATIVE TO PCBs AND 14 A LOT OF THE WORK THAT I DID FOR MONSANTO FROM THE 15 LATE '60S TILL '70s, AND IN THAT REGION. 16 Q. DID YOU 17 A. MEMOS. 18 Q. DID YOU 19 A. YES. 20 Q. DID YOU 21 A. YES. 22 Q. DID YOU 23 BY YOU, 24 A. YES. 25 Q. DID YOU WATER PCB-SD0000055022 Impact Printing, Taylor*, SC 003/244-1119 1 A. YES. 2 Q. TELL ME WHAT YOU REMEMBER ABOUT THE STUDIES OR REPORTS 3 THAT YOU REVIEWED. 4 A. THE STUDIES AND REPORTS THAT I REVIEWED WERE PRIMARILY 5 ONES THAT I AUTHORED. 6 Q. HAVING TO DO WITH WHAT? 7 A. HAVING TO DO WITH POLYCHLORINATED BIPHENYLS. 8 Q. AND WHAT ABOUT POLYCHLORINATED BIPHENYLS? 9 A. HAVING TO DO WITH ANALYTICAL CHEMISTRIES, HAVING TO DO 10 WITH TISSUE RESIDUE STUDIES, AND HAVING TO DO WITH 11 BIODEGRADATION STUDIES. 12 Q. DO YOU RECALL ANY OTHER KIND OF DOCUMENT THAT YOU 13 REVIEWED TO PREPARE FOR TODAY'S DEPOSITION THAT WE DID 14 NOT DISCUSS? 15 A. NOT UNLESS YOU'D LIKE TO BE MORE SPECIFIC. 16 Q. I'M NOW INTERESTED IN EXAMINING YOUR EDUCATIONAL 17 BACKGROUND. CAN YOU GIVE ME A HISTORY OF YOUR 18 EDUCATIONAL ACHIEVEMENTS BEGINNING WITH COLLEGE? 19 A. YES. EXCUSE ME FOR A SECOND. DO THEY HAVE A COPY OF 20 MY RESUME OR COULD IT BE MADE AVAILABLE TO THEM, OR DO 21 YOU WANT ME TO JUST GIVE A BRIEF - 22 MR. FEATHERSTONE: 23 NO TO THE FIRST QUESTION, POSSIBLY YES TO THE SECOND. 24 I MEAN, I'M NOT SURE I EVEN HAVE A CURRENT ONE. AND 25 THEN THIRD, IT'S HIS EXAMINATION, IF YOU WANT TO WATER PCB-SD0000055023 Impact Printing, Taylora, SC 003/244-1119 DICKER WITH HIM ON THAT. WITNESS CONTINUES: A. NO, I DON'T HAVE TO DICKER. I'LL JUST SAY AND THEN YOU CAN TELL ME IF THAT'S ENOUGH, OKAY? Q. YES, THAT'S GOOD. A. EXCELLENT. LET'S SEE. WELL, I RECEIVED A BACHELOR'S DEGREE -- WELL, I RECEIVED AN ASSOCIATES DEGREE, REALLY, FROM THE UNIVERSITY OF MICHIGAN EXTENSION 9 LOCATED IN FLINT, MICHIGAN. I RECEIVED A BACHELOR'S 10 DEGREE FROM MICHIGAN STATE UNIVERSITY, I BELIEVE THAT 11 WAS IN 1963, AND I RECEIVED A PH.D. FROM THE 12 UNIVERSITY OF IOWA, IOWA CITY, IOWA, IN THE AREA OF 13 ANALYTICAL AND ORGANIC CHEMISTRY IN -- WELL, I 14 COMPLETED MY WORK IN 1967, AND MISSED THE DATE FOR 15 SUBMISSION OF THESIS, AND SO DID NOT RECEIVE MY PH.D., 16 IT WASN'T AWARDED UNTIL '68. BUT I JOINED MONSANTO, I 17 THINK, IN 1967. YOU DID SAY EDUCATIONAL BACKGROUND? 18 Q. YES. 19 A. AND LET'S SEE. I HAD A NASA TRAININGSHIP, N.S.F. 20 SCHOLARSHIP, 3.97 OUT OF FOUR IN GRADUATE SCHOOL. YOU 21 ASKED FOR QUALIFICATIONS, CORRECT? 22 Q. YES. WHEN DID YOU HAVE YOUR NASA TRAINING? 23 A. I BELIEVE I RECEIVED THAT RIGHT AFTER I WENT TO 24 UNIVERSITY OF IOWA. I TAUGHT FOR ABOUT A SEMESTER, 25 AND THEN I WAS AWARDED THE NASA TRAININGSHIP BY THE WATER PCB-SD0000055024 Impact Printing. Taylors, SC 003/244-1119 COLLEGE OF SCIENCES, SO THAT WOULD BE 1963, '64. Q. WHAT TYPE OF TRAINING DID YOU RECEIVE FROM NASA? A. IT WASN'T TRAINING; IT WAS A SCHOLARSHIP TO SPONSOR THE RESEARCH THAT I DID. Q. AND, FOR THE RECORD, WHAT IS NASA? A. IT IS NATIONAL AERONAUTICAL AND SPACE ADMINISTRATION. Q. AND WHAT RESEARCH DID THEY SPONSOR FOR YOU? A. WELL, THE PH.D. THESIS THAT I WROTE WAS, LET'S SEE, AN ANALYTICAL INVESTIGATION OF SOME MONO-2-AZA ARYLH 10 HYDRAZONES. 11 Q. YOU PROBABLY OUGHT TO SPELL THAT FOR THE BENEFIT OF 12 THE COURT REPORTER. 13 A. WELL, THE MONO-2 ASA, YOU WANT ME TO SPELL THAT PART? 14 Q. YES. 15 A. LET ME SEE HOW GOOD MY MEMORY IS. M-O-N-O DASH 2 DASH 16 A-Z-Y-L --IT WOULD BE A-Z-A, AZA, A-R-Y-L-H, AND THEN 17 HYDRAZONES, H-Y-D-R-A-Z-O-N-E-S. 18 Q. AND DID ANY OF THAT RESEARCH RELATE TO POLYCHLORINATED 19 BIPHENYLS? 20 A. NO, SIR. 21 Q. AND IS THAT THE RESEARCH THAT THEY SPONSORED FOR YOU 22 WAS THE WORK THAT YOU DID FOR YOUR PH.D.? 23 A. CORRECT. 24 Q. AND WHEN DID YOU HAVE AN N.S.F. FELLOWSHIP? 25 A. I BELIEVE I STATED THAT IT STARTED IN 1963 OR '64, AND WATER PCB-SD0000055025 Impact Printing, Taylor*, SC 003/244-1119 WENT THROUGH '67. I BELIEVE IT WAS FOR ABOUT THREE YEARS. Q. AND FOR THE RECORD, WHAT IS N.S.F.? A. AGAIN? Q. FOR THE RECORD, WHAT IS N.S.F.? A. EXCUSE ME, LET ME BACK UP. I THOUGHT YOU SAID NASA. I WILL TRY TO LISTEN MORE CLOSELY. N.S.F. STANDS FOR NATIONAL SCIENCE FOUNDATION, AND I HAD A TRAININGSHIP OR A SPONSORSHIP WHEN I WAS AT MICHIGAN STATE, AND THAT WOULD BE FROM ABOUT, I THINK IT WAS 1962 TO '63, AND WHAT THEY DID WAS THEY PAID ME TO WORK WITH ONE OF THE PROFESSORS AT THE UNIVERSITY THERE ON SCIENTIFIC 13 PROBLEMS. 14 Q. WHAT KIND OF SCIENTIFIC PROBLEMS? 15 A. WELL, WE STUDIED FLUORESCENTS AND FLUOROGRAPHIC 16 PROPERTIES OF DIFFERENT METAL KEYLAYS. 17 Q. DID ANY OF THAT WORK RELATE TO POLYCHLORINATED 18 BIPHENYLS? 19 A. NO, SIR. 20 Q. DID MONSANTO SEEK YOU OUT OR DID YOU SEEK MONSANTO OUT 21 WHEN YOU BEGAN WORK FOR THEM? 22 A. BOTH. 23 Q. WHAT JOB TITLE DID YOU HAVE WHEN YOU JOINED MONSANTO 24 IN 1967? 25 A. I BELIEVE IT WAS SENIOR ANALYTICAL CHEMIST. 8 WATER PCB-SD0000055026 Q. WHAT IS AN ANALYTICAL CHEMIST? A. IT'S A CHEMIST WHO SPECIALIZES IN ANALYZING AND CHARACTERIZING MOLECULAR AND ATOMIC CONSTITUENTS. WE MEASURE THINGS. Q. WHAT WORK DID YOU DO AS A SENIOR ANALYTICAL CHEMIST FOR MONSANTO WHEN YOU BEGAN THERE IN 1967? A. WELL, I STARTED OUT IN AN ANALYTICAL SECTION SUPPORT GROUP FOR THE ORGANICS DIVISION OF THE MONSANTO CHEMICALS COMPANY, AND SO I PROVIDED ANALYTICAL CHEMISTRY SUPPORT FOR THE ORGANIC DIVISION. Q. WHAT TYPE OF ANALYTICAL CHEMISTRY SUPPORT DID YOU PROVIDE TO THE ORGANIC DIVISION IN 1967? A. INITIALLY, THE FIRST ASSIGNMENT I HAD DEALT PRIMARILY WITH METAL SPECTROSCOPY IN TERMS OF ATOMIC ABSORPTION AND ATOMIC EMISSION, AND IN TERMS OF X-RAY TYPE MEASUREMENTS. SUBSEQUENT TO THAT, I SUPERVISED A WET CHEMISTRY GROUP THAT MEASURES THE WET CHEMISTRY PROPERTIES OF THINGS AND THE PHYSICAL PROPERTIES OF THINGS, AND THEN IN ADDITION TO THAT AT SOME POINT I WAS ASSIGNED TO BEGIN, I'M NOT SURE EXACTLY WHEN THAT WAS, BUT TO BEGIN TO WORK ON METHODOLOGIES FOR PCB ANALYSIS. Q. HOW LONG WERE YOU A SENIOR ANALYTICAL CHEMIST? A. I THINK THE DURATION WAS ROUGHLY ABOUT THREE YEARS. Q. AND IT WAS DURING THAT THREE YEARS THAT YOU BEGAN TO 9 WATER PCB-SD0000055027 WORK ON METHODOLOGIES FOR PCB ANALYSIS? A. YES. Q. WHY WAS IT THAT YOU BEGAN WORK ON METHODOLOGIES FOR PCB ANALYSIS? A. I BELIEVE THAT SINCE I HAD JUST COME OUT OF THE UNIVERSITY AND HAD NOT BEEN ASSIGNED TO A LOT OF DIFFERENT SPECIFIC THINGS AT MONSANTO, IN OTHER WORDS, I DIDN'T HAVE A BIG BURDEN OF DUTIES, AND THE FACT THAT I WAS PROBABLY IN THE LEADING FRONT, FROM A TECHNOLOGY VIEWPOINT, WAS THE REASON THAT I WAS ASSIGNED TO DEVELOP THE NEW TECHNOLOGIES REQUIRED TO DO THE MEASUREMENTS. 13 Q. HOW WERE YOU IN THE LEADING FRONT FROM A TECHNOLOGY 14 VIEWPOINT? 15 A. CAN YOU SPEAK UP, PLEASE? 16 Q. YES. HOW WERE YOU IN THE LEADING FRONT FROM A 17 TECHNOLOGY VIEWPOINT REGARDING METHODOLOGIES FOR PCB 18 ANALYSIS? 19 A. HAVING JUST COMPLETED A PH.D. AT A BIG TEN UNIVERSITY 20 WHICH WAS IN THE AREA OF ANALYTICAL AND ANALYTICAL 21 ORGANIC CHEMISTRIES, I WAS AWARE OF A LOT OF 22 ANALYTICAL TECHNIQUES THAT WERE GENERALLY EMPLOYED TO 23 DO ALL SORTS OF DIFFERENT KINDS OF MEASUREMENTS. 24 Q. WHEN YOU - 25 A. THAT - - 10 WATER PCB-SD0000055028 1 Q. OH, I'M SORRY. GO AHEAD. 2 A. THAT MAY NOT HAVE BEEN, YOU KNOW, USED IN THE INDUSTRY 3 FOR A LARGE NUMBER OF YEARS. 4 Q. WHEN YOU BEGAN YOUR WORK AS A SENIOR ANALYTICAL 5 CHEMIST WITH MONSANTO, WAS IT YOUR OPINION THAT 6 BECAUSE OF YOUR TRAINING WITH YOUR BIG TEN UNIVERSITY 7 THAT YOU WERE MORE AWARE OF ANALYTICAL TECHNIQUES USED 8 TO DO DIFFERENT TYPES OF MEASUREMENTS THAN THE 9 EXISTING MONSANTO EMPLOYEES WITH WHOM YOU WORKED? 10 MR. FEATHERSTONE: 11 OBJECT TO THE FOUNDATION, LACK OF FOUNDATION. 12 EXAMINATION CONTINUES BY MR. BRADLEY: 13 Q. GO AHEAD AND ANSWER. 14 A. IS THAT A MULTIPLE QUESTION? 15 Q. NO. THE QUESTION BASICALLY IS I WANT TO KNOW WHETHER 16 WHEN YOU JOINED MONSANTO IN 1967, YOU FELT THAT YOUR 17 TRAINING IN ANALYTICAL METHODOLOGIES FOR CHEMICAL 18 ANALYSIS WAS MORE SOPHISTICATED THAN THE MONSANTO 19 EMPLOYEES WITH WHOM YOU WORKED? 20 A. I WOULD HAVE TO ANSWER THAT QUESTION YES AND NO. 21 THERE WERE A NUMBER OF MONSANTO EMPLOYEES THAT I 22 WORKED WITH, SOME OF WHICH DIDN'T HAVE PH.D.S, SOME 23 WHICH WERE TECHNICIANS, SOME WHICH WERE BUSINESS FOLKS 24 AND THINGS OF THAT SORT, SO THE ANSWER TO YOUR 25 QUESTION IS YES AND NO. 11 Impact Printing. Taylora, SC 003/244-1119 WATER PCB-SD0000055029 1 Q. SO THAT THERE WERE SOME EXISTING MONSANTO EMPLOYEES 2 WHO HAD THE SAME BACKGROUND AND INFORMATION REGARDING 3 METHODOLOGIES FOR CHEMICAL ANALYSIS AS YOU DID WHEN 4 YOU BEGAN YOUR WORK WITH MONSANTO? 5 A. I'M SURE THAT THERE WERE PEOPLE THERE WHO HAD SIMILAR 6 BACKGROUNDS AND KNOWLEDGE. I MEAN, WE ARE ALL 7 ANALYTICAL CHEMISTS IF THAT'S YOUR QUESTION. 8 Q. NO, THAT WASN'T MY QUESTION, BUT YOU'VE ANSWERED IT 9 SUFFICIENTLY. 10 A. THANK YOU. 11 Q. WHAT WORK DID YOU DO ON METHODOLOGIES FOR PCB ANALYSIS 12 AS A SENIOR ANALYTICAL CHEMIST WITH MONSANTO? 13 A. I WAS, AS I RECALL, INITIALLY GIVEN THE ASSIGNMENT 14 REVIEWING METHODS THAT HAD BEEN USED BY SOREN JENSEN 15 AND GUNTHER WIDMARK IN THEIR UNPUBLISHED STUDIES OF 16 ENVIRONMENTAL SAMPLES FOR PCBs. 17 Q. WHO GAVE YOU THAT ASSIGNMENT? Impact Printing, Taylors, SC 803/244-1119 l 18 A. I BELIEVE THAT ASSIGNMENT INITIALLY CAME FROM BOB i 19 KELLER, DR. BOB KELLER, WHO WAS MY IMMEDIATE t 20 SUPERVISOR, AND/OR ELMER WHEELER. 1 21 Q. WERE YOU TOLD WHY YOU WERE GIVEN THE ASSIGNMENT? a ' 22 A. CAN YOU BE MORE SPECIFIC? 23 Q. YES. WERE YOU TOLD WHY IT WAS MONSANTO WANTED YOU, AS 24 AN EMPLOYEE, TO REVIEW METHODS USED BY JENSEN AND 25 WIDMARK? 12 WATER PCB-SD0000055030 A. JENSEN AND WIDMARK HAD REPORTED FINDING CONSTITUENTS IN THE SAMPLES THAT THEY LOOKED AT THAT WERE OF IMPORTANCE TO MONSANTO. Q. AND THE CONSTITUENTS WERE PCBs? A. THERE WAS SOME CONFUSION INITIALLY, AND THAT CONFUSION WENT ON FOR A WHILE, BUT EVENTUALLY IT WAS STRAIGHTENED OUT AND IT WAS DETERMINED THAT THEY WERE POLYCHLORINATED BIPHENYLS. THE ORIGINAL INFORMATION THAT CAME OVER FROM EUROPE TALKED ABOUT DIPHENOLS, AND THAT'S A DIFFERENT COMPOUND THAN POLYCHLORINATED BIPHENYLS, SO IT TOOK A LITTLE WHILE TO STRAIGHTEN OUT THAT AND TO DECIDE EXACTLY WHAT THEY WERE TALKING ABOUT. Q. WOULD YOU SPELL FOR ME DIPHENOLS? A. D-I-P-H-E-N-Y-L, DIPHENOLS, P-H-E-N-O-L-S. Q. IS DIPHENOLS DIFFERENT THAN DIPHENYLS WITH A Y-L-S? A. YES. 18 Q. WHAT DID YOU DO WHEN YOU REVIEWED THE METHODS USED BY 19 JENSEN AND WIDMARK? 20 A. AS A RESULT OF REVIEWING THE METHODS OR -21 Q. NO, I MEAN - 22 A. WHEN I REVIEWED THEM, I REVIEWED THEM, AND I LOOKED AT 23 THEM TO SEE HOW THEY DID IT, WHAT ANALYTICAL 24 TECHNIQUES THEY USED -25 Q. AND THAT WAS BASED UPON -- 13 WATER PCB-SD0000055031 A. -- AND EQUIPMENT. Q. I'M SORRY. A. GO AHEAD. Q. BASED UPON THEIR UNPUBLISHED REPORT? A. I CAN'T REMEMBER EXACTLY, BUT I THINK WE HAD BEEN GIVEN AN UNPUBLISHED REPORT THROUGH OUR FOLKS IN THE U.K. Q AND BY REVIEWING METHODS THEN WHAT YOU MEAN IS THAT YOU READ THE UNPUBLISHED REPORT AND REVIEWED THE 10 METHODOLOGY USED BY JENSEN AND WIDMARK AS DESCRIBED IN 11 THE UNPUBLISHED REPORT? 12 A. CORRECT. 13 Q. AND WHAT DID YOU DO AFTER REVIEWING THOSE METHODS, IF 14 ANYTHING? 15 AFTER I REVIEWED THOSE METHODS, I GAVE THE PEOPLE, MY 16 PEOPLE, A SUMMARY OF WHERE WE WERE AT RELATIVE TO WHAT 17 WE NEEDED TO DO TO BEGIN MAKING THOSE KINDS OF 18 MEASUREMENTS, ESTABLISHING THOSE TECHNIQUES IN OUR 19 LABORATORIES. 20 Q. ESTABLISHING THE TECHNIQUES USED BY JENSEN AND 21 WIDMARK? 22 A. YES. 23 Q. AND WHO WERE YOUR PEOPLE THAT YOU WERE REPORTING TO? 24 A. BOB KELLER, AS I MENTIONED EARLIER. I BELIEVE AT THAT 25 TIME WHILE I WAS A SENIOR ANALYTICAL CHEMIST, I ALSO 14 WATER PCB-SD0000055032 Impact Printing, Taylors, SC 003/244-1119 WORKED FOR MARTIN DIETRICH WHO WORKED FOR BOB KELLER. Q. DID YOU WRITE A REPORT REGARDING YOUR REVIEW OF THE METHODOLOGIES USED BY JENSEN AND WIDMARK? A. NO. Q. WHY NOT? 6 A. I GUESS I WASN'T ASKED TO. 7 Q. DID YOU WRITE A REPORT REGARDING YOUR RECOMMENDATION 8 OF WHAT MONSANTO NEEDED TO DO IN ORDER TO HAVE THE 9 SAME TECHNOLOGIES AVAILABLE AS JENSEN AND WIDMARK DID 10 IN THEIR UNPUBLISHED STUDIES? 11 A. THE QUESTION IS DID I WRITE A SPECIFIC REPORT DEALING 12 WITH THAT SUBJECT? 13 Q. YES. 14 A. NO. 15 Q. I TAKE IT THEN YOU REPORTED THIS INFORMATION, AND BY 16 THIS INFORMATION I MEAN YOUR ASSESSMENT OF THE i 17 TECHNOLOGICAL NEEDS OF MONSANTO TO COME UP TO THE 18 ANALYTICAL STANDARDS OF JENSEN AND WIDMARK, YOU 19 REPORTED THAT TO BOB KELLER? 20 A. CORRECT. 21 MR. FEATHERSTONE: 22 OBJECT TO THE FORM. 23 THE WITNESS: 24 OH, SORRY. 25 EXAMINATION CONTINUES BY MR. BRADLEY: 15 WATER PCB-SD0000055033 1 Q. YOU REPORTED THAT TO BOB KELLER? 2 MR. FEATHERSTONE: 3 OBJECT TO THE FORM. 4 MR. BRADLEY: 5 THE RULE IS THAT YOU ANSWER ANYHOW UNLESS YOU'RE 6 INSTRUCTED NOT TO ANSWER. 7 THE WITNESS: 8 REPEAT THE QUESTION. 9 MR. FEATHERSTONE: 10 YES, MR. BRADLEY IS CORRECT. UNLESS I INSTRUCT YOU 11 NOT TO ANSWER A QUESTION, I OBJECT, AND THEN YOU 12 RESPOND EITHER ANSWERING THE QUESTION OR TELLING MR. 13 BRADLEY THAT YOU DON'T UNDERSTAND, OR WHATEVER SUITS 14 YOU. 15 THE WITNESS: 16 THANK YOU. REPEAT THE QUESTION, PLEASE. 17 EXAMINATION CONTINUES BY MR. BRADLEY: 18 Q. YES. DID YOU REPORT TO BOB KELLER YOUR ASSESSMENT OF 19 MONSANTO'S NEEDS TO DEVELOP THE SAME TECHNOLOGICAL 20 ABILITIES THAT WERE USED BY JENSEN AND WIDMARK? 21 A. YES. 22 Q. DID MONSANTO DO ANYTHING TO DEVELOP THOSE 23 TECHNOLOGIES? 24 A. YES. 25 Q. WHAT DID THEY DO? 16 WATER PCB-SD0000055034 Impact Printing, Taytora, SC 003/244-1119 A, WELL, I HAD ASCERTAINED WHAT TYPE OF EQUIPMENT WE HAD, 2 WHAT TYPE OF EQUIPMENT WE NEEDED, AND AFTER 3 DISCUSSIONS WITH OTHER FOLKS, DECIDED HOW MUCH WE 4 NEEDED TO SPEND TO GET WHAT WE NEEDED, AND WE DID 5 THAT. WE TALKED WITH THE INSTRUMENT MANUFACTURERS, 6 TALKED WITH PEOPLE WHO USE THE INSTRUMENT 7 MANUFACTURING EQUIPMENT THAT WE WERE LOOKING AT TO 8 ASSESS WHICH WAS BEST, AND THINGS OF THAT SORT, AND 9 THEN, ULTIMATELY, WE ORDERED SOME EQUIPMENT. 10 WERE THE ANALYTICAL METHODS USED BY JENSEN AND WIDMARK 11 METHODS THAT YOU HAD STUDIED DURING THE TIME YOU WERE 12 RECEIVING YOUR PH.D.? 13 THE SPECIFIC PROCEDURES USED BY WIDMARK WERE NOT 14 STUDIED BY ME DURING MY PH.D. THESIS WORK. 15 DO YOU KNOW WHETHER THE ANALYTICAL METHODS USED BY 16 JENSEN AND WIDMARK HAD BEEN REPORTED IN ANY 17 PUBLICATION PRIOR TO THE UNPUBLISHED STUDY THAT YOU 18 REVIEWED? 19 A. NO. 20 Q. WAS THERE SOMETHING UNIQUE ABOUT THE ANALYTICAL 21 METHODS USED BY JENSEN AND WIDMARK? 22 A. YES. 23 Q. WHAT WAS UNIQUE ABOUT IT? 24 A. THE UNIQUE ASPECT, AS I RECALL, WAS THE COUPLING OF AN 25 L.K.B. MASS SPECTROMETER TO A GAS CHROMATOGRAPH. 17 WATER PCB-SD0000055035 Impact Printing, Taylor#. SC 003/244-1119 1 Q. WHY WAS THAT UNIQUE? 2 A. BECAUSE IT HADN'T BEEN DONE BEFORE. 3 Q. WHAT WAS INVOLVED IN COUPLING THOSE TWO? 4 A. WELL, YOU HAVE TO DESIGN A PHYSICAL CONNECTION BETWEEN 5 THE TWO, AND THERE'S AN INHERENT MISMATCH BETWEEN THE 6 TWO. A MASS SPECTROMETER INSIDE OPERATES AT A VACUUM, 7 AND A GAS CHROMATOGRAPH INSIDE OPERATES AT A HIGH 8 PRESSURE WITH GASES, SO YOU HAD TO DESIGN AN INTERFACE 9 THAT WOULD ALLOW THE TWO TO BE HOOKED TOGETHER AND TO 10 TRANSFER THOSE THINGS THAT YOU WANT THAT ARE COMING 11 THROUGH THE GAS CHROMATOGRAPH INTO THE MASS 12 SPECTROMETER, BUT THROWING AWAY 99 PERCENT, OR BETTER, 13 OF THE OTHER STUFF THAT'S COMING OUT OF THE GAS 14 CHROMATOGRAPH. 15 DID JENSEN AND WIDMARK HAVE A NAME FOR THE DEVICE THAT 16 CONNECTED THOSE TWO APPARATUS? 17 A. NOT TO MY KNOWLEDGE. IT'S AN INTERFACE, I MEAN - 18 Q. DID THE UNPUBLISHED STUDY REPORT THE PHYSICAL 19 CHARACTERISTICS OF THE INTERFACE DEVELOPED BY JENSEN 20 AND WIDMARK? 21 A. NO. 22 Q. DID MONSANTO DEVELOP ITS OWN INTERFACE FOLLOWING THE 23 UNPUBLISHED STUDY BY JENSEN AND WIDMARK? 24 A. YES, BUT MUCH LATER. THERE WAS AN ALTERNATE TECHNIQUE 25 INVOLVED THAT WAS NOT AS DEFINITIVE AS GC/MASS SPEC, 18 WATER PCB-SD0000055036 Impact Printing, Taylors, SC 803/244-1119 BUT THAT WAS MUCH EASIER. Q. WERE YOU INVOLVED IN THE DEVELOPMENT OF THE INTERFACE? A. THAT INTERFACE WAS PRIMARILY DEVELOPED, AS I RECALL, BY JIM MIEURE AND JIM CONVERSE, AND I PARTICIPATED, BUT IT WAS MAINLY THEIR SHOW. Q. AND DO YOU KNOW WHEN THEY DEVELOPED THAT INTERFACE? A. I DON'T RECALL, BUT THERE WAS A FAIR AMOUNT OF WORK THAT WAS DONE PRIOR TO ACTUALLY DOING THAT. Q. DO YOU KNOW WHETHER ANYONE WITHIN MONSANTO REQUESTED INFORMATION FROM JENSEN AND WIDMARK REGARDING WHAT THEY USED AS AN INTERFACE? A. NO. 13 Q. DO YOU KNOW WHETHER JENSEN AND WIDMARK CLAIMED ANY 14 PATENT INTEREST IN THE INTERFACE? 15 A. NO. 16 Q. WHAT OTHER WORK DID YOU DO AS A SENIOR ANALYTICAL 17 CHEMIST REGARDING YOUR WORK ON THE METHODOLOGIES FOR 18 PCB ANALYSIS, IF ANY? 19 A. THE ALTERNATE METHOD THAT I MENTIONED WAS ELECTRON 20 CAPTURE GAS CHROMATOGRAPHY AND THAT WAS THE INITIAL 21 PROCEDURE THAT WAS SET UP. 22 Q. WHEN WAS THAT SET UP INITIALLY? 23 A. WELL, IT WAS AN EVOLUTIONARY SITUATION IN THE SENSE 24 THAT IT WAS STARTING FROM ZERO, PROBABLY BETWEEN '67 25 AND '70. 19 WATER PCB-SD0000055037 1 Q. WHAT ROLE DID YOU HAVE IN DEVELOPMENT OF THE ELECTRON 2 CAPTURED GAS CHROMATOGRAPHY? 3 A. THE TECHNIQUE HAD ALREADY BEEN DEVELOPED A LONG TIME 4 AGO BY PHYSICAL CHEMISTS FOR OTHER REASONS, BUT THERE 5 WAS AN INSTRUMENT COMPANY THAT MANUFACTURED A GAS 6 CHROMATOGRAPH WITH AN ELECTRON CAPTURE DETECTOR, AND, 7 IN FACT, I THINK THERE WERE SEVERAL INSTRUMENT 8 COMPANIES THAT MANUFACTURED THEM. AFTER REVIEWING 9 THOSE COMPANIES, I INITIATED THE PURCHASE OF AN 10 INSTRUMENT. I BELIEVE IT WAS AN F AND M 402 ELECTRON 11 CAPTURED GAS CHROMATOGRAPH. 12 WHAT OTHER WORK DID YOU DO, IF ANYTHING, AS A SENIOR 13 RESEARCH CHEMIST WITH MONSANTO ON WORKING 14 METHODOLOGIES FOR PCB ANALYSIS? 15 A. WE ALSO INITIATED, AT A LATER DATE, THE DEVELOPMENT OF 16 EXTRACTION, CLEAN UP, CONCENTRATION, AND CHEMICAL 17 VERIFICATION TECHNIQUES. 18 Q. WHEN DID YOU DEVELOP EXTRACTION TECHNIQUES? 19 A. DURING THE PERIOD OF TIME FROM ABOUT 1967 TO '70 OR 20 SO. . 21 Q. AND WHAT DO YOU MEAN BY EXTRACTION TECHNIQUES? 22 A. WHAT I MEAN IS THAT IF THE PCBs, OR THE CONSTITUENT 23 THAT YOU'RE LOOKING FOR, ARE IN SOIL, WATER, ROCKS, 24 WHATEVER, THAT YOU NEED A TECHNIQUE TO EXTRACT THOSE 25 FROM THAT MATRIX AND GET IT INTO A MATRIX THAT ALLOWS 20 WATER PCB-SD0000055038 Impact Printing. Taylor*, SC 003/244-1119 YOU TO MANIPULATE, AND THAT MANIPULATED IT INTO A COMPATIBLE FORM SO THAT YOU CAN EVENTUALLY PUT IT IN THE INSTRUMENTS THAT IDENTIFY AND DETECT CONSTITUENTS THAT YOU'RE LOOKING FOR. Q. DO YOU KNOW WHETHER JENSEN AND WIDMARK HAD DEVELOPED EXTRACTION TECHNIQUES? A. YES. 8 Q. AND HAD THEY DEVELOPED THOSE PRIOR TO 1967? 9 A. YES. 10 Q. AND WERE THE EXTRACTION TECHNIQUES THAT MONSANTO 11 DEVELOPED SIMILAR TO THOSE DEVELOPED BY JENSEN AND 12 WIDMARK? 13 A. SIMILAR BUT DIFFERENT. 14 Q. HOW WERE THEY DIFFERENT? 15 A. DIFFERENT IN THAT THEY WERE ORIENTATED PRIMARILY 16 TOWARD PCBs, WHEREAS THE TECHNIQUES THAT JENSEN AND 17 WIDMARK USED WERE DERIVED FROM THOSE THAT HAD BEEN 18 USED FOR A WHILE TO ANALYZE ENVIRONMENTAL SAMPLES FOR 19 DDT AND OTHER TYPES OF CHLORINATED HYDROCARBONS. 20 WHAT EQUIPMENT, IF ANY, DID YOU USE TO EXTRACT PCBs 21 FROM DIFFERENT MEDIUMS SUCH AS WATER OR SOIL? 22 DEPENDS ON WHETHER YOU'RE DEALING WITH A LIQUID OR A 23 SOLID, DEPENDS ON WHAT TYPE OF SOLID YOU'RE DEALING 24 WITH. WATER IS RELATIVELY STRAIGHTFORWARD IN THE 25 SENSE THAT YOU CAN EXTRACT LOW LEVELS OF HYDROPHOBIC 21 WATER PCB-SD0000055039 Impact Printing, Taylor*, SC 003/2+4-1119 MATERIALS FROM WATER BY USING SOLVENTS LIKE HEXANE, AND USING A SEPARATORY FUNNEL, AND SEPARATING THE TWO, AND THEN CONCENTRATING THEM AND CLEANING THEM UP AND EVENTUALLY RUNNING THEM THROUGH ONE OR MORE TYPES OF INSTRUMENTATION TO IDENTIFY AND QUANTITATE WHAT'S 6 THERE. 7 Q. WAS THE ABILITY TO USE HEXANE SEPARATORY FUNNELS AND 8 THEN RUNNING IT THROUGH DIFFERENT INSTRUMENTATION, WAS 9 THAT PROCESS AVAILABLE TO MONSANTO PRIOR TO 1967? 10 A. THE INDIVIDUAL OPERATIONAL UNITS WERE AVAILABLE TO 11 FOLKS, I WOULD IMAGINE, PRIOR TO 1957 IF THEY HAD A 12 NEED AND/OR DESIRE. 13 MR. FEATHERSTONE: 14 ' 67. 15 WITNESS CONTINUES: 16 A. '67, IS THAT WHAT YOU SAID? 17 Q. THAT IS WHAT I SAID. 18 A. IF THEY HAD A NEED AND/OR DESIRE TO DO THAT. 19 Q. WAS IT ALSO AVAILABLE PRIOR TO '57? 20 A. YOU WOULD HAVE TO BE MORE SPECIFIC BECAUSE YOU'RE 21 TALKING ABOUT A MYRIAD OF TECHNIQUES. I MEAN, WHERE 22 SEPARATORY FUNNELS HAVE BEEN AROUND SINCE PEOPLE KNEW 23 HOW TO BLOW GLASS, SO -24 Q. HOW ABOUT HEXANE? 25 A. -- I DON'T UNDERSTAND YOUR QUESTION. HEXANE? 22 WATER PCB-SD0000055040 1 Q. YES. 2 A. HEXANE IS A SOLVENT. 3 Q. HOW LONG HAS IT BEEN IN EXISTENCE? 4 A. OH, GOD, SINCE GOD CREATED HYDROCARBON, AND I'M NOT 5 TRYING TO BE FLIPPANT, BUT THAT'S REALITY. 6 AND THE DIFFERENT INSTRUMENTATION THAT YOU USED TO 7 EXTRACT PCBs FROM WATER, WERE THOSE INSTRUMENTS 8 AVAILABLE PRIOR TO 1957? 9 A. OKAY, THEY WEREN'T INSTRUMENTS. 10 Q. ALL RIGHT. 11 A. THEY WERE GLASSWARE AND LABORATORYWARE, AND, SURE 12 BEAKERS AND SEPARATORY FUNNELS AND THOSE KINDS OF 13 THINGS HAVE BEEN AVAILABLE FOR A LONG PERIOD OF TIME. 14 DID YOU PREPARE A DOCUMENT DESCRIBING THE METHODOLOGY 15 USED BY MONSANTO TO EXTRACT PCBs FROM SOLIDS? 16 A. YES. ONCE IT HAD BEEN COMPLETELY WORKED OUT. IT WAS 17 MULTI-STEP, AND ONCE IT HAD BEEN VALIDATED, THERE WAS 18 A DOCUMENT PUBLISHED. I BELIEVE THAT WAS IN '71 OR 19 SOMETHING LIKE THAT. 20 Q. WAS IT PUBLISHED IN A SCIENTIFIC JOURNAL? 2l| A. NO. THE INITIAL PUBLICATION OF THAT PARTICULAR ITEM 22 WAS A SPECIAL STUDY INTERNAL TO MONSANTO. 23 Q. IN YOUR WORK TO DEVELOP A METHODOLOGY FOR THE 24 EXTRACTION OF PCBs FROM SOLIDS, DID YOU WORK WITH 25 ANYONE FROM GENERAL ELECTRIC? 23 WATER PCB-SD0000055041 Impact Printing, Taytor*, SC 603/244-1119 A. NO, NOT INITIALLY. Q. IN YOUR WORK TO DEVELOP EXTRACTION TECHNIQUES FOR PCBs FROM SOLIDS, DID YOU WORK WITH ANYONE FROM MONSANTO - OR, EXCUSE ME, WESTINGHOUSE? A. NO. Q. AND AT SOME POINT DID YOU WORK WITH SOMEONE FROM GENERAL ELECTRIC REGARDING EXTRACTION TECHNIQUES TO OBTAIN PCBs FROM WATER OR SOLIDS? A. YES. 10 Q. WITH WHOM DID YOU WORK? 11 A. I DON'T RECALL. 12 Q. DO YOU RECALL WHEN YOU WORKED WITH SOMEONE FROM G.E. 13 ON THAT TOPIC? 14 A. NOT SPECIFICALLY. 15 Q. DO YOU RECALL WHETHER IT WAS DURING THE THREE-YEAR 16 PERIOD WHEN YOU WERE A SENIOR ANALYTICAL CHEMIST? 17 A. IT WAS PROBABLY NOT DURING THAT PERIOD. 18 Q. WAS IT DURING A PERIOD THAT PRECEDED 1975? 19 A. YES. 20 Q. DO YOU KNOW WHETHER PRIOR TO YOUR WORK TO DEVELOP 21 EXTRACTION TECHNIQUES FOR PCBs, WHETHER GENERAL 22 ELECTRIC WAS ALSO UNDERTAKING THAT KIND OF WORK? 23 A. NO. 24 Q. DO YOU KNOW WHETHER WESTINGHOUSE HAD UNDERTAKEN THAT 25 KIND OF WORK PRIOR TO MONSANTO DEVELOPING TECHNIQUES 24 WATER PCB-SD0000055042 1 TO EXTRACT PCBs 2 A. NO. 3 Q. -- FROM DIFFERENT MATERIALS? WHEN YOU BEGAN WORK WITH 4 MONSANTO, HOW MANY DEPARTMENTS OR DIVISIONS WERE 5 WORKING ON PCBs? 6 A. THAT'S A DIFFICULT QUESTION TO ANSWER BECAUSE OF THE 7 DEFINITIONS INVOLVED WITH DEPARTMENTS AND/OR 8 DIVISIONS, BUT PCBs HAD BEEN A PRODUCT OF THE COMPANY 9 SINCE THEY PURCHASED SWAN CHEMICAL COMPANY ABOUT 1935, 10 SO THERE WAS NATURALLY AN R AND D GROUP ASSOCIATED 11 WITH DEVELOPMENT OF THOSE MATERIALS. THERE WERE 12 ANALYTICAL SUPPORT GROUPS THAT PROVIDED THEM WITH SOME 13 SUPPORT. THERE WAS OBVIOUSLY A PRODUCTION GROUP. 14 THERE WAS AT LEAST TWO PRODUCTION UNITS IN THE UNITED 15 STATES. THERE WERE PROBABLY SALES AND MARKETING FOLKS 16 ASSOCIATED WITH IT. DIELECTRIC TESTING SITUATIONS. 17 THERE WERE A LOT. 18 Q. WAS THERE A GROUP REFERRED TO AS THE BUSINESS GROUP 19 WHEN YOU BEGAN WORK IN 1967 RELATING TO PCBs? 20 A. NO. 21 Q. DURING THE COURSE OF YOUR EMPLOYMENT WITH MONSANTO, 22 WERE YOU EVER ADVISED THAT THERE WAS A GROUP OF PEOPLE 23 KNOWN AS THE BUSINESS GROUP WITHIN MONSANTO WORKING 24 WITH PCBs? 25 A. NO. 25 WATER PCB-SD0000055043 Impact Printing, Taylore, SC 803/244- 1119 DID YOU HAVE ACCESS TO A LIBRARY TO ASSIST YOU IN YOUR WORK DURING THE THREE YEARS YOU WERE A SENIOR ANALYTICAL CHEMIST WITH MONSANTO? 4 A. YES. 5 Q. WHAT LIBRARY DID YOU HAVE ACCESS TO? 6 A. THERE WAS A LIBRARY AT OUR CREVE COEUR FACILITY. 7 Q. WHAT IS YOUR CREVE COEUR FACILITY? 8 A. THAT'S WHERE MONSANTO'S INTERNATIONAL HEADQUARTERS IS 9 LOCATED IN MISSOURI. 10 Q. IS THAT ON THE MONSANTO CAMPUS? 11 A. YES. CREVE COEUR IS IN MISSOURI, AND MONSANTO'S 12 INTERNATIONAL HEADQUARTERS IS LOCATED ON OLIVE 13 BOULEVARD IN CREVE COEUR. 14 Q. HOW DID YOU REFER TO THE LIBRARY BETWEEN '67 AND '70, 15 DID IT HAVE A SPECIAL NAME? 16 A. NOT THAT I RECALL. 17 Q. DO YOU RECALL WHERE IT WAS PHYSICALLY LOCATED? 18 A. LET'S SEE. SORT OF. I DON'T RECALL THE EXACT LETTER 19 OF THE BUILDING, AND THINGS OF THAT SORT, BUT IF I 20 WERE TO DRIVE OUT ON TO THE CAMPUS I COULD PROBABLY 21 DRIVE UP IN FRONT AND PARK AND FACE THE BUILDING. 22 Q. DURING THE - 23 A. IF IT WERE STILL WHERE IT WAS. 24 Q. DURING THE FIRST THREE YEARS OF YOUR EMPLOYMENT WITH 25 MONSANTO, WHAT WORK, IF ANY, DID YOU DO WITH ELMER 26 WATER PCB-SD0000055044 Impact Printing, Taylors, SC B 03/244-H 19 WHEELER? I DID A FAIR AMOUNT OF WORK ASSOCIATED WITH PCBs WITH ELMER WHEELER. Q. WHAT KIND OF WORK DID YOU DO WITH ELMER WHEELER? A. I PROVIDED ANALYTICAL EXPERTISE AND UNDERSTANDING IN MY AREA OF EXPERTISE TO ELMER WHEELER. WHAT KIND OF ANALYTICAL EXPERTISE AND UNDERSTANDING WERE YOU GIVING TO ELMER WHEELER REGARDING PCBs? OH, HOW THE TECHNIQUES THAT WERE USED AS WE DEVELOPED 10 THEM TO MEASURE PCBs WORKED, WHAT THEY WERE TELLING US 11 AS THAT KIND OF STUFF EVOLVED, AND THAT KIND OF THING. 12 WHAT DO YOU MEAN WHEN YOU SAY "WHAT THEY WERE TELLING 13 US AS THAT KIND OF STUFF EVOLVED"? 14 WELL, WHEN YOU LOOK FOR THINGS IN SAMPLES AND YOU READ 15 THE LITERATURE AND YOU HEAR WHAT OTHER PEOPLE ARE 16 SAYING AND THAT KIND OF STUFF, AND YOU'RE A TRAINED 17 SCIENTIST, YOU BEGIN TO HYPOTHESIZE AS TO WHAT'S GOING 18 ON AND HOW THINGS ARE WORKING. AND I THINK PEOPLE WHO 19 ARE VERY KNOWLEDGEABLE NOW THROUGH EXPERIENCE FORGET 20 THE STATE OF THE ART IN THE 1960s RELATIVE TO OUR 21 UNDERSTANDING OF THE ENVIRONMENT. AND I WOULD 22 BASICALLY SAY THAT AT THAT POINT IN TIME, WE DIDN'T 23 UNDERSTAND THE ENVIRONMENT VERY MUCH AT ALL AND WE 24 WERE JUST LEARNING, SO EVERY ENVIRONMENTAL MEASUREMENT 25 THAT ANYBODY MADE WAS PROVIDING US NEW INFORMATION ON 27 WATER PCB-SD0000055045 Impact Printing. Taylora, SC 603/244-1119 HOW WE WERE IMPACTING THE ENVIRONMENT AND THAT KIND OF THING. SO, YOU KNOW, IT WAS LIKE WE WERE TRYING TO FIGURE OUT A PUZZLE THAT WE DIDN'T UNDERSTAND YET. Q. FOR THE RECORD, I MOVE TO STRIKE THE ANSWER AS NON-RESPONSIVE. WHEN YOU BEGAN WORK WITH MONSANTO, WHAT KIND OF WORK WAS ELMER WHEELER DOING? A. ELMER WHEELER WAS IN THE MEDICAL DEPARTMENT. Q. DID YOU HAVE REGULAR MEETINGS DURING THE THREE YEARS YOU WERE A SENIOR ANALYTICAL CHEMIST WITH DR. WHEELER? A. WE HAD REGULAR MEETINGS, BUT THEY WEREN'T NECESSARILY SCHEDULED. . Q. DID DR. WHEELER INDICATE TO YOU WHAT HE WAS DOING 13 WITHIN THE MEDICAL DEPARTMENT RELATIVE TO PCBs? 14 A. YES. 15 Q. WHAT DID HE TELL YOU HE WAS DOING? 16 A. AS I RECALL, ELMER WAS IN CHARGE OF DETERMINING 17 OVERALL WHAT WAS GOING ON FROM A TOXICOLOGICAL 18 VIEWPOINT AND FROM AN ENVIRONMENTAL VIEWPOINT. 19 Q. DURING THAT THREE-YEAR PERIOD OF TIME, WHAT DID DR. 20 WHEELER INDICATE TO YOU WAS OCCURRING OVERALL FROM A 21 TOXICOLOGICAL VIEWPOINT REGARDING PCBs? 22 MR. FEATHERSTONE; 23 OBJECT TO THE FORM OF THE QUESTIONING. 24 WITNESS CONTINUES: 25 A. I'M HAVING REAL PROBLEMS WITH THAT QUESTION BECAUSE IT 28 WATER PCB-SD0000055046 WOULD BE VERY DIFFICULT TO UNDERSTAND THE ANSWER. CAN YOU BE MORE SPECIFIC, PLEASE? YES, I'M INTERESTED IN KNOWING WHAT DR. WHEELER TOLD YOU DURING THE THREE-YEAR PERIOD YOU WERE A SENIOR ANALYTICAL CHEMIST WHAT HE WAS DOING TO DETERMINE THE OVERALL TOXICOLOGICAL VIEWPOINT OF PCBs? 7 A. ELMER WAS WORKING WITH EXPERTS LIKE MYSELF, AND 8 OUTSIDE CONSULTANTS, IN TERMS OF DESIGNING LABORATORY 9 STUDIES THAT WOULD HELP US ELUCIDATE WHAT WAS GOING ON 10 IN THE ENVIRONMENT WITH PCBs. 11 DID ELMER WHEELER EVER INDICATE TO YOU DURING THIS 12 THREE-YEAR PERIOD WHAT THE TOXICOLOGICAL 13 CHARACTERISTICS WERE OF PCBs? 14 A. YES. 15 Q. WHAT DID HE TELL YOU? 16 A. HE REITERATED TO ME THE INFORMATION THAT WAS AVAILABLE 17 FROM TOXICOLOGY STUDIES WHICH HAD SHOWN THAT PCBs WERE 18 VERY INNOCUOUS FROM ACUTE AND CHRONIC VIEWPOINT, AND 19 THAT THERE HAD BEEN A LONG NUMBER OF YEARS OF WORK 20 HISTORY WITH NO PROBLEMS. 21 DID DR. WHEELER INDICATE TO YOU THAT PCBs ARE ABSORBED 22 THROUGH THE SKIN? 23 A. I DON'T RECALL THAT HE DID SPECIFICALLY, NO. 24 Q. DID DR. WHEELER INDICATE TO YOU THAT WORKERS IN THE 25 EARLY 1930s DEVELOPED SEVERE CASES OF CHLORACNE WHEN 29 WATER PCB-SD0000055047 EXPOSED TO A COMBINATION BY CHLORINATED NAPHTHALENE AND PCBs? 3 MR. FEATHERSTONE: 4 OBJECT TO THE FORM OF THE QUESTION. 5 EXAMINATION CONTINUES BY MR. BRADLEY: 6 Q. LET ME ASK IT ONE MORE TIME THEN. DID DR. WHEELER 7 INDICATE TO YOU THAT IN THE 193OS GENERAL ELECTRIC 8 WORKERS REPORTED SOME CASES OF SEVERE CHLORACNE FROM 9 EXPOSURE TO HALOWAX WHICH WAS A COMBINATION OF 10 CHLORINATED NAPHTHALENE AND CHLORINATED DIPHENYL? 11 A. NO. 12 Q. IS CHLORINATED DIPHENYL THE SAME AS PCBs? 13 A. YES. 14 Q. IS CHLORINATED DIPHENYL THE SAME AS CHLORINATED 15 BIPHENYL? 16 A. YES. 17 Q. DID DR. WHEELER INDICATE TO YOU THAT STUDIES HAD SHOWN 18 PCBs HAD AN ADVERSE IMPACT ON THE LIVER OF 19 EXPERIMENTAL ANIMALS? 20 A. YES. 21 Q. WHAT DID DR. WHEELER TELL YOU ABOUT THOSE STUDIES? 22 MR. FEATHERSTONE: 23 OBJECT TO THE FORM OF THE QUESTIONING. 24 WITNESS CONTINUES: 25 A. IT WAS GENERALLY KNOWN THAT CHLORINATED HYDROCARBONS, 30 WATER PCB-SD0000055048 OF WHICH PCBs WERE A CLASS OF COMPOUNDS, DID HAVE IMPACTS ON LIVER AND THINGS OF THAT SORT. HOWEVER, PCBs WERE NOT OF THE SAME ORDER AND MAGNITUDE OF 4 CONCERN. IN FACT, WAY LESS CONCERN THAN THINGS LIKE 5 TETRACHLOROETHYLENE AND METHYLENE CHLORIDE AND COMMON 6 SOLVENTS, SO THEY WERE DISCUSSED IN THAT CONTEXT. I 7 DON'T BELIEVE I REALLY EVER SAW -- I TAKE THAT BACK. 8 I DID SEE SOME INFORMATION AT VERY HIGH EXPOSURE 9 LEVELS THAT SHOWED SOME INDICATIONS OF AN IMPACT IN 10 ANIMALS. 11 MR. FEATHERSTONE: 12 CAN WE TAKE A BREAK? 13 MR. BRADLEY: 14 YES, LET'S TAKE 10 OR 15 MINUTES. 15 (BRIEF RECESS). 16 Q. DR. TUCKER, WHILE YOU WERE WORKING WITH ELMER WHEELER 17 AT MONSANTO DURING YOUR FIRST THREE YEARS THERE, DID 18 DR. WHEELER TELL YOU THAT IF THERE IS A SUFFICIENT 19 CONCENTRATION OF PCBs ON THE SKIN TO CAUSE A SKIN 20 CONDITION OR RASH, SYSTEMIC POISONING MAY OCCUR IN 21 SOME PEOPLE WHO ARE HYPERSENSITIVE TO PCBs? 22 A. NO. 23 Q. AS AN ANALYTICAL CHEMIST, DO YOU KNOW WHAT SYSTEMIC 24 POISONING IS? 25 A. NOT AS AN ANALYTICAL CHEMIST, I DON'T REALLY THINK I 31 WATER PCB-SD0000055049 Impact Printing, Taylor*, SC 003/244-1119 1 UNDERSTAND SYSTEMIC POISONING NECESSARILY. 2 Q. WHAT IS YOUR UNDERSTANDING OF SYSTEMIC POISONING? 3 A. A POISONED SYSTEM. I MEAN, I WOULD DERIVE THAT FROM 4 THE WORDS. I'M NOT A TOXICOLOGIST. 5 Q. DID DR. WHEELER TELL YOU DURING THE THREE YEARS YOU 6 WERE A SENIOR ANALYTICAL CHEMIST THAT THE TOXICITY OF 7 VAPORS OF AROCLOR 1242 AND 1254 WERE DOCUMENTED AS 8 EARLY AS 1956? 9 A. NO. 10 Q. DO YOU KNOW WHAT IS MEANT BY THE TERM POLYCHLORINATED 11 DIBENZOFURANS? 12 A. YES. 13 Q. DO YOU KNOW WHETHER POLYCHLORINATED DIBENZOFURANS WERE 14 PRESENT IN THE POLYCHLORINATED BIPHENYLS MANUFACTURED 15 BY MONSANTO? 16 A. I KNOW THEY ARE NOT PRESENT. 17 Q. WERE THEY PRESENT IN ANY OF THE AROCLOR FORMULATIONS 18 EVER MANUFACTURED BY MONSANTO TO THE BEST OF YOUR 19 KNOWLEDGE? 20 A. NO. 21 Q. DO YOU KNOW WHETHER PCBs HAVE BEEN FOUND IN HUMAN 22 MOTHER'S MILK? 23 A. NO. 24 Q. DO YOU KNOW WHETHER PCBs PASS THROUGH THE MOTHER'S 25 PLACENTA TO THE FETUS? 32 WATER PCB-SD0000055050 Impact Printing, Taylors, SC 803/244-1119 A. NO. Q. ARE YOU FAMILIAR WITH THE TERM BIOMAGNIFICATION? A. YES. Q. WHAT IS IT? A. IT REFERS TO CONCENTRATION OF CONSTITUENTS IN BIOLOGICAL SYSTEMS PREFERENTIALLY. Q. DO YOU KNOW WHETHER PCBs BIOMAGNIFY IN THE HUMAN FOOD CHAIN? A. I DON'T UNDERSTAND THE QUESTION. CAN YOU DEFINE HUMAN 10 FOOD CHAIN FOR ME? 11 Q. WELL, LET ME ASK YOU THIS QUESTION: AS A CHEMIST, ARE 12 YOU FAMILIAR WITH THE TERM FOOD CHAIN? 13 A. YES. 14 Q. AND WHAT DOES THAT MEAN TO YOU? 15 A. IT MEANS STARTING OUT WITH THE LOWEST ORGANISM UP TO 16 THE HIGHEST ORGANISM, THE ORDER. 17 Q. AND ARE HUMAN BEINGS AT THE TOP OF THE FOOD CHAIN? 18 A. OKAY, YES. 19 Q. AND DO YOU KNOW THEN WHETHER PCBs BIOMAGNIFY IN THE 20 FOOD CHAIN? 21 A. YES. 22 Q. WELL, LET ME ASK THIS QUESTION: ARE YOU FAMILIAR WITH 23 THE TERM SYNERGISM? 24 A. YES. 251 Q. WHAT IS SYNERGISM? 33 WATER PCB-SD0000055051 Impact Printing, Taylora, SC 803/244-1119 1 THE SIMPLEST DEFINITION THAT I COULD GIVE WOULD BE TWO 2 PLUS TWO EQUALS FIVE. 3 DO YOU KNOW WHETHER PCBs CAN WORK SYNERGISTICALLY WITH 4 OTHER COMPOUNDS BY IMPAIRING THE IMMUNE SYSTEM? 5 A. NO. 6 Q. DID DR. WHEELER, OR ANYONE WITHIN MONSANTO'S MEDICAL 7 DEPARTMENT, EVER REPORT TO YOU THAT PCB CONTACT WITH 8 THE SKIN CAN CAUSE SYSTEMIC INFECTION INCLUDING 9 INJURIOUS EFFECTS ON THE LIVER? 10 A. NO. 11 Q. DID DR. WHEELER, OR ANYONE ELSE WITHIN MONSANTO, EVER 12 REPORT TO YOU THAT CHRONIC POISONING MAY OCCUR WITH 13 REPEATED EXPOSURES TO SUFFICIENT CONCENTRATIONS OF PCB 14 VAPOR? 15 A. NO. 16 Q. DID DR. WHEELER, OR ANYONE ELSE WITHIN MONSANTO, EVER 17 REPORT TO YOU THAT REPEATED EXPOSURES TO PCB VAPOR MAY 18 PRODUCE INTERNAL BODILY INJURY WHICH MAY BE DISABLING 19 OR COULD BE FATAL? 20 A. NO. 21 Q. DID DR. WHEELER, OR ANYONE ELSE, EVER REPORT TO YOU 22 THAT ON JULY 8, 1970, MONSANTO KNEW THAT LOWER 23 TEMPERATURES WOULD ONLY VAPORIZE THE AROCLORS AND 24 CREATE ATMOSPHERIC POLLUTION, OR WORSE YET, WOULD FORM 25 BY PARTIAL OXIDATION MATERIALS WHICH COULD BE HIGHLY 34 WATER PCB-SD0000055052 Impact Print ins. Taylora, SC 601(2+4-1119 1 TOXIC, EXAMPLE, FURANS AND DIOXINS? 2 A. NO. 3 Q. DO YOU AGREE THAT FURANS HAVE ONE OF THE MOST EXTREME 4 TOXICITIES OF ANY COMPOUND SINCE THE BEGINNING OF 5 CHEMISTRY? 6 A. NO. 7 MR. FEATHERSTONE: 8 OBJ----9 EXAMINATION CONTINUES BY MR. BRADLEY: 10 Q. DID DR. WHEELER, OR ANYONE ELSE WITHIN MONSANTO, EVER 11 REPORT TO YOU THAT AS OF APRIL OF 1955, PRODUCTION 12 WORKERS MANUFACTURING PCBs EXPERIENCED CHLORACNE, 13 GASTRIC TROUBLES AND LIVER TROUBLES? 14 A. NO. 15 Q. WHILE YOU WERE A MONSANTO EMPLOYEE, DID YOU EVER HEAR 16 OF A CONGRESSMAN WHOSE NAME WAS WILLIAM F. RYAN? 17 A. I DON'T RECALL IT SPECIFICALLY. 18 Q. PRIOR TO 1972 WHILE YOU WERE AT MONSANTO, DID YOU 19 LEARN OF ANY CONGRESSIONAL ACTION THAT WAS 20 CONTEMPLATED REGARDING PCBs? 21 A. NO. 22 Q. WHAT'S YOUR RESIDENCE ADDRESS? 23 A. 261 NORTH MCALLISTER, LIBERTY, SOUTH CAROLINA 29657. 24 Q. YOU INDICATED EARLIER THAT YOU HAD HAD YOUR DEPOSITION 25 TAKEN BEFORE, CORRECT? 35 WATER PCB-SD0000055053 1 A. YES. 2 Q. TELL ME WHEN YOU HAD YOUR DEPOSITION TAKEN. 3 A. RELATIVE TO? 4 Q. ANYTHING. 5 A. OH, GOSH, I'M 53 YEARS OLD. THE LAST TIME I HAD MY 6 DEPOSITION TAKEN WAS APPROXIMATELY A LITTLE LESS THAN 7 A YEAR AGO, AND IN, I BELIEVE, JUNE, TOWARD THE END OF 8 THE MONTH. 9 Q. WHAT WAS THAT CASE ABOUT? 10 A. THAT WAS ABOUT PCBs. . 11 Q. WHAT ABOUT PCBs? 12 A. IT HAD TO DO WITH PCB CONTAMINATION OF, AS I RECALL, 13 PIPELINE TRANSFER OF NATURAL GASES. 14 Q. WHERE WAS YOUR DEPOSITION TAKEN? 15 A. IT WAS TAKEN HERE IN GREENVILLE. 16 Q. DO YOU KNOW WHERE THE LAWSUIT WAS FILED? 17 A. I BELIEVE IT WAS IN CALIFORNIA. 18 Q. DO YOU RECALL THE NAME OF THE ATTORNEY TAKING YOUR 19 DEPOSITION? 20 A. I HAVE IT IN MY RECORDS. I BELIEVE HIS FIRST NAME WAS 21 FRITZ, BUT I DON'T RECALL HIS LAST NAME. OR THAT 22 COULD HAVE BEEN HIS LAST NAME. 23 Q. WHAT OTHER DEPOSITIONS DO YOU RECALL HAVING TAKEN? 24 A. WELL, ONE THAT COMES TO MIND WAS IN, GOSH, LET'S SEE, 25 IT WAS THE, SHOOT, '80s, I GUESS, AND IT WAS RELATIVE 36 WATER PCB-SD0000055054 1 TO OUTBOARD MARINE LITIGATION AND PCBs. 2 Q. ANY OTHER DEPOSITIONS REGARDING PCBs? 3 A. NOT THAT COME TO MIND. 4 Q. WHAT WAS THE NATURE OF THE TESTIMONY THAT YOU GAVE IN 5 THE LAWSUIT HAVING TO DO WITH PCB CONTAMINATION ON 6 PIPELINE TRANSFER OF NATURAL GASES? 7 A. FACT WITNESS. 8 Q. ON WHAT FACTS? 9 A. PCBs. 10 Q. WHAT ABOUT - 11 A. ANALYTICAL. 12 Q. ON ANALYTICAL WHAT? 13 A. ANALYTICAL WAS MY AREA OF EXPERTISE WHEN I WORKED FOR 14 MONSANTO, AND I WORKED ON THE ANALYTICAL CHEMISTRY OF 15 POLYCHLORINATED BIPHENYLS. 16 Q. DO YOU HAVE A COPY OF THE TRANSCRIPT THAT WAS PREPARED 17 OF YOUR DEPOSITION? 18 A. NO, SIR. 19 Q. DO YOU RECALL SIGNING A TRANSCRIPT OF YOUR DEPOSITION? 20 A. I THINK I DID, YES. 21 Q. DID YOU HAVE AN ATTORNEY WHEN THIS DEPOSITION WAS 22 TAKEN? 23 A. YES. 24 Q. WHO WAS YOUR ATTORNEY THEN? 25 A. I REFERRED TO THE GENTLEMAN AS FRITZ. I CAN GET 37 WATER PCB-SD0000055055 1 SPECIFICS, I DON'T RECALL. 2 Q. DO YOU RECALL THE NAME OF FRITZ' LAW FIRM? 3 A. AGAIN, AS I INDICATED CLEARLY TO YOU EARLIER, SEVERAL 4 TIMES NOW, I DON'T REMEMBER THE GENTLEMAN'S NAME. I 5 CAN GET THAT INFORMATION IF YOU NEED IT. 6 Q. WELL, WHAT WOULD YOU DO TO GET THE INFORMATION? DO 7 YOU HAVE IT HERE WITH YOU? 8 A. I HAVE HIS BUSINESS CARD AT HOME IN MY DESK. 9 Q. WELL, LET ME ASK YOUR ATTORNEY WHETHER THAT 10 INFORMATION WILL BE PROVIDED TO ME. 11 MR. FEATHERSTONE: 12 ARE YOU ASKING FOR IT? 13 MR. BRADLEY: 14 YES. 15 MR. FEATHERSTONE: 16 THEN I'LL TAKE IT UNDER ADVISEMENT. 17 EXAMINATION CONTINUES BY MR. BRADLEY: 18 Q. THEN AT THE RISK OF IRRITATING YOU FURTHER, I KNOW 19 YOU'VE SAID THAT YOU DON'T RECALL HIS NAME, BUT MY 20 LAST QUESTION TO YOU WAS WHETHER YOU RECALL HIS LAW 21 FIRM, WHICH IS A SEPARATE QUESTION. 22 A. FIRST OF ALL, I'M NOT IRRITATED. I AM CURIOUS HOW YOU 23 CONTINUE TO ASK THE SAME QUESTION AND GET THE SAME 24 ANSWER AND EXPECT DIFFERENT RESULTS. 25 MR. FEATHERSTONE: 38 WATER PCB-SD0000055056 1 DOCTOR, HIS QUESTION IS DO YOU REMEMBER THE NAME OF 2 FRITZ' LAW FIRM? 3 WITNESS CONTINUES: 4 A. NO. 5 Q. DO YOU RECALL WHERE HIS LAW FIRM WAS LOCATED? 6 A. CALIFORNIA. 7 Q. LET ME ASK IT THIS WAY. WHAT WAS YOUR NEXT JOB TITLE 8 FOLLOWING YOUR WORK AS SENIOR ANALYTICAL CHEMIST? 9 A. GROUP LEADER. 10 Q. WHAT DID YOU DO AS GROUP LEADER? 11 A. I SUPERVISED A GROUP OF PEOPLE THAT WORKED ON 12 ANALYTICAL CHEMISTRY PROBLEMS ASSOCIATED WITH THE 13 DIVISION THAT WE SUPPORTED, AND I BELIEVE WE WERE 14 MONSANTO INDUSTRIAL CHEMICALS COMPANY AT THAT TIME. 15 Q. WHEN DID YOU BEGIN WORK AS GROUP LEADER? 16 A. I BELIEVE IT WAS ABOUT THREE YEARS AFTER I JOINED 17 MONSANTO, SO IT WOULD BE PROBABLY IN '70 OR '71. 18 Q. DID YOU HAVE PEOPLE WORKING FOR YOU WHEN YOU WERE 19 GROUP LEADER? 20 A. YES. 21 Q. HOW MANY DID YOU HAVE WORKING FOR YOU? 22 A. IT VARIED. ANYWHERE FROM, I GUESS, ONE TO PROBABLY 23 11. 24 Q. WHAT WORK, IF ANY, DID YOU DO RELATIVE TO PCBs AS A 25 GROUP LEADER? 39 WATER PCB-SD0000055057 1 A. CONTINUED SUPERVISING THE DEVELOPMENT OF THE 2 ANALYTICAL METHODOLOGIES, THE ESTABLISHMENT OF THOSE 3 METHODOLOGIES IN MONSANTO LABORATORIES, AND THE 4 VALIDATION OF THE RESULTS PRODUCED BY THOSE 5 METHODOLOGIES WHEN APPLIED. 6 Q. WERE THE ANALYTICAL METHODOLOGIES AGAIN TO DETERMINE 7 THE PRESENCE OR ABSENCE OF PCBs? 8 A. YES. 9 Q. IN YOUR WORK AS GROUP LEADER, WERE YOU ALSO ADDRESSING 10 THE ISSUE OF WHETHER PCBs BIODEGRADE? 11 A. YES. 12 Q. WHAT DOES BIODEGRADATION MEAN? 13 A. BIODEGRADATION MEANS THAT THE MOLECULE IN QUESTION 14 UNDERGOES DEGRADATION IN THE BIOLOGICAL SYSTEM. 15 Q. AND WHAT IS DEGRADATION IN THE BIOLOGICAL SYSTEM? 16 A. MOST BIOLOGICAL SYSTEMS, BACTERIAL ON UP, USE 17 MOLECULES AS BUILDING BLOCKS AND ENERGY SOURCES. TO 18 DO THAT THEY TAKE THEM APART TO GAIN ENERGY, AND THEN 19 REARRANGE SOME OF THE CONSTITUENTS ASSOCIATED WITH 20 THOSE MOLECULES INTO BUILDING BLOCKS FOR THEIR 21 PARTICULAR SYSTEM. 22 Q. WHAT DOES IT MEAN TO DEGRADE IN A BIOLOGICAL SYSTEM? 23 A. TO DEGRADE, IN GENERAL, HAS TO DO WITH EITHER 24 OXIDATION OR REDUCTION OF THE MOLECULAR STRUCTURE OF 25 THE MATERIAL THAT'S BEING EXPOSED TO THE SYSTEM. IT 40 WATER PCB-SD0000055058 1 CAN, IN SOME INSTANCES, LEAD TO COMPLETE 2 MINERALIZATION TO CARBON DIOXIDE MINERAL SALTS. 3 Q. CAN THERE BE DEGRADATION WITHOUT COMPLETE 4 MINERALIZATION? ' 5 A. YES. 6 Q. HOW IS THAT EXPRESSED THEN IF YOU HAVE A COMPOUND THAT 7 DEGRADES, BUT NOT TO COMPLETE MINERALIZATION? DO YOU 8 EXPRESS IT IN TERMS OF PERCENT OR YEARS, HALF LIVES, 9 HOW DO YOU EXPRESS THAT? 10 A. IT'S USUALLY A RATE, AND A RATE INVOLVES A NUMERATOR 11 AND A DENOMINATOR, SO IT WOULD PROBABLY DISCUSS 12 DISAPPEARANCE IN SOME PERIOD OF TIME WITH AMOUNT BEING 13 THE NUMERATOR AND TIME BEING THE DENOMINATOR. 14 Q. DID YOU DETERMINE WHETHER THE PCB PRODUCTS 15 MANUFACTURED BY MONSANTO BIODEGRADE? 16 A. YES. 17 Q. DO YOU RECALL WHICH PCB PRODUCTS YOU EXAMINED TO 18 DETERMINE WHETHER THEY BIODEGRADE? 19 A. YES. 20 Q. WHICH ONES? 21 A. AROCLOR 1221, AROCLOR 1232, AROCLOR 1242, AROCLOR 22 1254, AROCLOR 1260, MCS-1016, 1043, ARE THE ONES THAT 23 COME TO MIND IMMEDIATELY. 24 Q. DID ANY OF THOSE AROCLORS OR MCSs UNDERGO COMPLETE 25 MINERALIZATION? 41 WATER PCB-SD0000055059 1 A. YES. 2 Q. WHICH ONES? 3 A. THE LOWER CHLORINATED ONES. 4 Q. WHICH WOULD HAVE BEEN WHAT? 5 A. AROCLOR 1221, AROCLOR 1232, AND TO SOME DEGREE AROCLOR 6 1242 . 7 Q. HOW LONG DID IT TAKE FOR 1221 TO COMPLETELY 8 MINERALIZE? 9 A. THE DEGRADATION, AS I RECALL, AROCLOR 1221 10 CONSISTENTLY DISAPPEARED WITHIN A 24-HOUR PERIOD IN 11 ONE OF THE PARTICULAR TYPES OF TESTS THAT WE USED. 12 Q. AND HOW LONG DID IT TAKE TO DISAPPEAR IN THE OTHER 13 TYPES OF TESTS THAT YOU USED? 14 A. SOME TIMES LONGER. THE OTHER TESTS WERE LESS 15 INTENSIVE FROM THE VIEWPOINT OF HAVING LESS BACTERIA 16 AVAILABLE, AND THE FACT THAT THE BACTERIA WEREN'T 17 ACTIVATED. 18 Q. AND HOW LONG DID IT TAKE FOR 1232 TO COMPLETELY 19 MINERALIZE? 20 A. I DON'T RECALL SPECIFICALLY, BUT THERE'S PUBLISHED 21 INFORMATION AVAILABLE. 22 Q. AND YOU INDICATED TO SOME DEGREE 1242 COMPLETELY 23 MINERALIZED. WHAT DID YOU MEAN BY THAT? 24 A. I MEANT THAT A PERCENTAGE OR A PORTION OF AROCLOR 1242 25 UNDERWENT COMPLETE MINERALIZATION. 42 WATER PCB-SD0000055060 1 Q. WHEN YOU WERE STUDYING THE DEGRADATION OF AROCLOR 2 1221, DID YOU STUDY ANY SOIL SAMPLES WHERE AROCLOR 3 1221 WAS FOUND TO EXIST? 4 A. I DON'T RECALL, BUT I DON'T THINK SO. 5 Q. WERE YOU BASICALLY WORKING IN THE LABORATORY WITH YOUR 6 FLASKS AND OTHER LABORATORY EQUIPMENT TO DETERMINE 7 WHETHER AROCLOR 1221 WOULD BIODEGRADE UNDER LABORATORY 8 CONDITIONS? 9 A. YES. 10 Q. WOULD THAT BE TRUE AS WELL FOR THE OTHER AROCLORS? 11 A. YES. 12 Q. WHAT WORK DID YOU DO NEXT FOLLOWING YOUR WORK AS GROUP 13 LEADER? 14 MR. FEATHERSTONE: 15 DO YOU WANT HIS NEXT JOB? 16 EXAMINATION CONTINUES BY MR. BRADLEY: 17 Q. GIVE ME YOUR NEXT JOB TITLE. 18 A. I THINK,AT SOME POINT I BECAME A SENIOR RESEARCH 19 SPECIALIST. 20 Q. WHAT WORK DID YOU DO AS SENIOR RESEARCH SPECIALIST? 21 A. PROVIDED ANALYTICAL INFORMATION RELATIVE TO OTHER 22 PRODUCTS. 23 Q. WHEN DID YOU BECOME A SENIOR RESEARCH SPECIALIST? 24 A. I DON'T RECALL SPECIFICALLY WITHOUT MY RESUME. 25 Q. DO YOU RECALL WHETHER IT WAS BEFORE OR AFTER 1975? 43 WATER PCB-SD0000055061 1 A. NO, SIR. 2 Q. DO YOU RECALL WHETHER IT WAS BEFORE OR AFTER 1980? 3 A. IT HAD TO BE BEFORE OR AFTER THAT. 4 Q. WHY? 5 A. I BELIEVE I LEFT MONSANTO IN 1978; IS THAT CORRECT? 6 MR. FEATHERSTONE: 7 I THINK THAT'S RIGHT. 8 WITNESS CONTINUES: 9 A. YEAH. 10 Q. WHAT OTHER PRODUCTS WERE YOU PROVIDING ANALYTICAL 11 INFORMATION ON AS A SENIOR RESEARCH SPECIALIST? 12 A. ANY OF THE PRODUCTS OF THE ORGANICS DIVISION, 13 PLASTICISORS, A VARIETY OF PRODUCTS 14 Q. DID IT INCLUDE PRODUCTS THAT CONTAINED PCBs? 15 A. NO. 16 MR. FEATHERSTONE: 17 CAN WE TAKE A MINUTE OR TWO, RALPH? 18 MR. BRADLEY: 19 SURE. 20 (BRIEF RECESS). 21 EXAMINATION CONTINUES BY MR. BRADLEY: 22 Q. DR. TUCKER, I'M NOW GOING TO SHOW YOU PLAINTIFF'S 23 EXHIBIT 1427 AND ASK YOU TO REVIEW THAT. 24 A. (REVIEWS DOCUMENT). 25 Q. IS THIS A DECEMBER 3, 1969, MEMORANDUM THAT YOU WROTE 44 WATER PCB-SD0000055062 1 TO C. PATON AND J.T. GARRETT? 2 A. YES. 3 Q. IS THIS A TRUE AND ACCURATE COPY OP THE MEMORANDUM 4 THAT YOU SENT? 5 A. IT LOOKS TO BE SO. 6 Q. DID YOU GENERATE THIS DOCUMENT ON OR ABOUT THE DATE 7 THAT'S INDICATED OF DECEMBER 3, 1969? 8 A. YES. 9 Q. WHAT DOES THIS DOCUMENT INDICATE? 10 A. IT INDICATES THAT SAMPLES HAD BEEN TAKEN VERY CLOSE TO 11 A PLANT THAT WAS USING AROCLOR, AND THAT WE FOUND 12 FRESH UNADULTERATED AROCLOR IN THE DISCHARGE, AND THAT 13 THERE'S A GRADIENT THAT LOOKS LIKE WHAT YOU MIGHT 14 EXPECT. 15 Q. IS THIS A DOCUMENT THAT YOU MAINTAINED IN YOUR FILES 16 WHILE YOU WERE EMPLOYED AT MONSANTO? 17 A. MOST LIKELY, YES. 18 MR. BRADLEY: 19 BRUCE, I DON'T THINK I HAVE AN EXTRA COPY OF THAT ONE. 20 AND THAT'S GOING TO BE TRUE FOR SOME OF THE OTHER 21 EXHIBITS THAT I'M GOING TO HAVE HIM GO THROUGH, SO 22 WE'LL MAKE COPIES FOR YOU WHEN WE'RE FINISHED. 23 MR. FEATHERSTONE: 24 ALL RIGHT. BUT THIS IS THE COPY THAT YOU WANT THE 25 COURT REPORTER TO HAVE? 45 WATER PCB-SD0000055063 1 MR. BRADLEY: 2 YES. 3 EXAMINATION CONTINUES BY MR. BRADLEY: 4 Q. I'M NOW GOING TO SHOW YOU PLAINTIFF'S EXHIBIT 408. 5 A. (REVIEWS DOCUMENT). 6 MR. FEATHERSTONE: 7 ARE THE COPIES THAT YOU'RE GOING TO INCLUDE WITH THE 8 TRANSCRIPT ONES WITH OR WITHOUT THE HIGHLIGHTING? 9 MR. BRADLEY: 10 WITHOUT. 11 EXAMINATION CONTINUES BY MR. BRADLEY: 12 Q. HAVE YOU HAD A CHANCE TO REVIEW THAT? 13 A. GIVE ME ANOTHER COUPLE OF MINUTES. (REVIEWS 14 DOCUMENTS). YES. 15 Q. HAVE YOU EVER SEEN THAT DOCUMENT BEFORE TODAY? 16 A. I BELIEVE I HAVE. 17 Q. THAT'S AN OCTOBER 1971 MEMO? 18 A. OCTOBER 28, 1971. 19 Q. AND ARE YOU LISTED AS SOMEONE WHO RECEIVED A COPY OF 20 IT? 21 A. YES. I RECEIVED A CARBON COPY OR A CC. 22 Q. MAY I SEE THAT? 23 A. SURE. 24 Q. DOES THIS APPEAR TO BE A TRUE AND ACCURATE COPY OF THE 25 MEMORANDUM THAT YOU RECEIVED? 46 . WATER PCB-SD0000055064 1 A. YES. 2 Q. CAN YOU TELL WHO THE AUTHOR OF THAT MEMORANDUM IS? 3 A. YES. 4 Q. AND WHO IS THE AUTHOR? 5 A. THE AUTHOR IS R.E. KELLER. 6 Q. AND WAS DR. KELLER YOUR BOSS AT SOME POINT? 7 A. YES. 8 Q. AND DOES THAT MEMO DESCRIBE EVENTS THAT OCCURRED ON OR 9 ABOUT OCTOBER 26, 1971? 10 A. IT INDICATES THAT THE MEMO WAS WRITTEN ON OCTOBER 28, 11 1971, SO THE EVENTS PROBABLY OCCURRED PRIOR TO THAT. 12 Q. AND IS THIS A DOCUMENT THAT YOU MAINTAINED IN YOUR 13 FILES AT MONSANTO? 14 A. I MAY HAVE OR I MAY NOT HAVE SINCE IT'S A CC AND NOT 15 AN ORIGINAL DOCUMENT I WROTE. 16 Q. IS THIS THE TYPE OF DOCUMENT THAT YOU WOULD EXPECT 17 MONSANTO WOULD KEEP WITHIN ITS CORPORATE FILES AS PART 18 OF ITS REGULARLY CONDUCTED BUSINESS? 19 A. YES. 20 Q. I'M NOW GOING TO SHOW YOU PLAINTIFF'S EXHIBIT 338 AND 21 ASK YOU TO REVIEW THAT DOCUMENT. 22 A. (REVIEWS DOCUMENTS). 23 MR. FEATHERSTONE: 24 LET'S GO OFF THE RECORD. 25 (OFF THE RECORD DISCUSSION) 47 WATER PCB-SD0000055065 1 MR. FEATHERSTONE: 2 DO YOU WANT HIM TO READ THE ENTIRE DOCUMENT? 3 MR. BRADLEY: 4 NO. 5 MR. FEATHERSTONE: 6 I THINK, DOCTOR, THAT MR. BRADLEY WANTS TO ASK YOU THE 7 FOUNDATIONAL QUESTIONS RELATIVE TO THE DOCUMENT. IF 8 HE ASKS YOU ANY SUBSTANTIVE QUESTIONS REGARDING THE 9 CONTENTS, YOU CAN READ IT AS NEED BE AT THAT TIME. 10 (PLAINTIFF'S EXHIBIT 338A, PRESENTATION TO INTERDEPARTMENTAL 11 TASK FORCE, HERETO ATTACHED). 12 WITNESS CONTINUES: 13 A. OKAY. THE DOCUMENT'S CONFUSING IN THE SENSE THAT 14 THERE ARE MULTIPLE DOCUMENTS AND THEY'RE STAPLED 15 TOGETHER AND THEY COVER A PERIOD OF AT LEAST FIVE 16 YEARS, SO -17 Q. DOCTOR, I'M NOW GOING TO SHOW YOU WHAT I'VE MARKED FOR 18 IDENTIFICATION AS PLAINTIFF'S EXHIBIT 338A AND ASK YOU 19 TO REVIEW THAT FOR ME. 20 A. DOES REVIEWING IT IN THIS PARTICULAR SITUATION MEAN 21 READING IT IN TOTAL OR -22 Q. I NEED YOU TO REVIEW IT WITH SUFFICIENT DETAIL SO THAT 23 YOU CAN IDENTIFY IT FOR ME AND TELL ME WHETHER IT'S A 24 TRUE AND ACCURATE COPY. 25 A. (WITNESS REVIEWS). 48 WATER PCB-SD0000055066 1 MR. FEATHERSTONE: 2 ALL RIGHT. WHAT ARE WE DOING WITH RESPECT TO WHAT YOU 3 HAD ORIGINALLY MARKED AS EXHIBIT 338, HAS THAT BEEN 4 WITHDRAWN? IS THAT GOING INTO THE RECORD? 5 MR. BRADLEY: 6 WELL, I WOULD PREFER WITHDRAWING IT IF YOU DON'T HAVE 7 A PROBLEM WITH MY WITHDRAWING IT. . 8 MR. FEATHERSTONE: 9 I DON'T. 10 MR. BRADLEY: 11 ALL RIGHT, 338 IS WITHDRAWN FROM THIS RECORD. 12 EXAMINATION CONTINUES BY MR. BRADLEY: 13 Q. HAVE YOU HAD A CHANCE TO REVIEW IT? 14 A. YES. 15 Q. DID YOU MAKE A PRESENTATION TO THE INTERDEPARTMENTAL 16 TASK FORCE ON PCBs IN WASHINGTON, D.C. ON MAY 15, 17 1972? 18 A. YES. 19 Q. WAS YOUR PRESENTATION ON THE ASSESSMENT OF THE 20 BIOLOGICAL PERSISTENCE OF POLYCHLORINATED BIPHENYLS? 21 A. YES. 22 Q. WHAT IS PLAINTIFF'S EXHIBIT 338A? IS IT A TRANSCRIPT 23 OF THE COMMENTS YOU PRESENTED TO THE INTERDEPARTMENTAL 24 TASK FORCE ON PCBs IN WASHINGTON D.C. ON MAY 15, 1972? 25 A. YES. 49 WATER PCB-SD0000055067 1 Q. HAVE YOU SEEN THIS DOCUMENT BEFORE TODAY? 2 A. YES. 3 Q. DOES THIS APPEAR TO BE A TRUE AND ACCURATE COPY OF THE 4 INFORMATION YOU PRESENTED TO THE INTERDEPARTMENTAL 5 TASK FORCE ON PCBs IN WASHINGTON, D.C. ON MAY 15, 6 1972? 7 A. YES. 8 Q. DID THE INFORMATION THAT YOU PRESENTED TO THE 9 INTERDEPARTMENTAL TASK FORCE ON PCBs RELATE TO WORK 10 THAT YOU WERE UNDERTAKING IN YOUR ROLE AS AN 11 ANALYTICAL CHEMIST AT MONSANTO? 12 A. YES. 13 Q. DID YOU MAINTAIN A COPY OF THIS EXHIBIT IN YOUR FILE 14 AT MONSANTO? 15 A. YES. 16 Q. AND DID YOU MAINTAIN IT IN YOUR FILE AS PART OF THE 17 REGULARLY CONDUCTED BUSINESS OF MONSANTO? 18 A. YES. IT'S BEEN POINTED OUT TO ME THAT THE DOCUMENT'S 19 INCOMPLETE, AND THAT'S CORRECT, BUT WHAT'S THERE IS 20 ACCURATE. 21 MR. FEATHERSTONE: 22 IT'S MISSING THE SLIDES. 23 EXAMINATION CONTINUES BY MR. BRADLEY: 24 Q. WHEN YOU LEFT MONSANTO IN 1978, DID THE SLIDES STILL 25 EXIST? 50 WATER PCB-SD0000055068 1 A. OH, YES, ABSOLUTELY. 2 MR. FEATHERSTONE: 3 YOU HAVE THEM, MR. BRADLEY. THERE'S A DOCUMENT THAT 4 HAS BEEN PRODUCED IN THE CASE THAT HAS ESSENTIALLY 5 THIS PRESENTATION WITH THE SLIDES. 6 MR. BRADLEY: 7 OKAY. 8 WITNESS CONTINUES: 9 A. THOSE SLIDES AND THAT PRESENTATION WERE DISTRIBUTED 10 FREELY. 11 Q. I'M NOW GOING TO SHOW YOU PLAINTIFF'S EXHIBIT 1603 AND 12 ASK THAT YOU REVIEW IT FOR THE PURPOSE OF IDENTIFYING 13 IT. 14 A. (REVIEWS DOCUMENTS). 15 Q. HAVE YOU HAD A CHANCE TO REVIEW PLAINTIFF'S EXHIBIT 16 1603? 17 A. YES. 18 Q. IS THIS A TRUE AND ACCURATE COPY, ABSENT THE SLIDES 19 REFERRED TO IN IT, OF A PRESENTATION YOU MADE ON 20 SEMI-CONTINUOUS ACTIVATED SLUDGE DEGRADATION STUDIES? 21 A. NO. 22 Q. AND WHAT IS NOT TRUE AND ACCURATE ABOUT IT? 23 A. FIRST OF ALL, THERE'S A REDUNDANT COPY OF THE 24 ASSOCIATED CHARTS, WHICH I DON'T HAVE ANY IDEA WHY 25 IT'S HERE. AND THEN, IN ADDITION TO THAT, THERE'S 51 WATER PCB-SD0000055069 1 INFORMATION ADDED AT THE END RELATIVE TO RESIDUE 2 STUDIES AND I DON'T NECESSARILY KNOW THAT THEY ARE 3 REFERRED TO IN THE TEXT WHICH DEALS WITH 4 BIODEGRADATION USING BACTERIAL DEGRADATION ROUTINES. 5 SO THE DOCUMENT APPEARS TO BE SEVERAL DOCUMENTS KIND 6 OF PUT TOGETHER SOMEHOW. 7 Q. DO YOU SEE THE NUMBERS DOWN AT THE VERY BOTTOM THAT 8 BEGIN 740? 9 A. YES, SIR. 10 Q. WOULD YOU TURN TO THE SECTION OF THE EXHIBIT THAT - 11 NOT THAT CONTAINS REDUNDANT GRAPHS, BUT THE SECTION 12 THAT CONTAINS INFORMATION ON RESIDUE THAT YOU DO NOT 13 BELIEVE WAS PART OF YOUR PRESENTATION. 14 A. (COMPLIES) OKAY. 15 Q. AND WHAT ARE THE NUMBERS AT THE BOTTOM? 16 A. 740264. 17 Q. AND THAT'S THE BEGINNING OF THE STUDY THAT YOU DO NOT 18 BELIEVE WAS PART OF YOUR PRESENTATION? 19 A. WHICH PRESENTATION? 20 Q. THE PRESENTATION THAT'S REFERRED TO ON THE BEGINNING 21 PAGE OF PLAINTIFF'S EXHIBIT 1603. 22 MR. FEATHERSTONE: 23 IN OTHER WORDS, HE'S ASKING WHETHER THAT'S THE 24 BEGINNING OF THE PAGES THAT DON'T RELATE TO 25 SEMI-CONTINUOUS ACTIVATED SLUDGE DEGRADATION STUDIES. 52 WATER PCB-SD0000055070 1 WITNESS CONTINUES: 2 A. YES. THANK YOU. 3 MR. FEATHERSTONE: 4 LET'S GO OFF THE RECORD. 5 (OFF THE RECORD DISCUSSION) 6 (COURT REPORTER MARKS PLAINTIFF'S EXHIBIT NUMBER 1603A, 7 SEMI-CONTINUOUS ACTIVATED SLUDGE DEGRADATION STUDIES 8 PRESENTATION, HERETO ATTACHED). 9 EXAMINATION CONTINUES BY MR. BRADLEY: 10 Q. DR. TUCKER, WHILE WE WERE OFF THE RECORD YOU WENT 11 THROUGH PLAINTIFF'S EXHIBIT 1603 AND REMOVED FROM THAT 12 EXHIBIT ANY DOCUMENTS THAT DID NOT RELATE TO THE 13 PRESENTATION YOU MADE ON SEMI-CONTINUOUS ACTIVATED 14 SLUDGE DEGRADATION STUDIES; IS THAT TRUE? 15 A. THAT'S CORRECT, AS WELL AS A REDUNDANT COPY OF THE 16 SLIDES. 17 Q. AND I'M NOW GOING TO WITHDRAW REFERENCE TO PLAINTIFF'S 18 EXHIBIT 1603, AND NOW REFER YOU TO PLAINTIFF'S EXHIBIT 19 1603A. AND IS THAT A COPY OF THE MATERIALS YOU USED 20 WHEN YOU GAVE A PRESENTATION ON THE SEMI-CONTINUOUS 21 ACTIVATED SLUDGE DEGRADATION STUDIES? 22 A. YES. 23 Q. DOES THAT APPEAR TO BE A TRUE AND ACCURATE COPY OF THE 24 MATERIALS THAT YOU PRESENTED? 25 A. YES. 53 WATER PCB-SD0000055071 1 Q. WHEN DID YOU MAKE THE PRESENTATION? 2 A. I'M TRYING TO REMEMBER. I GET THIS ONE CONFUSED WITH 3 THE PRESENTATION THAT WAS MADE TO THE 4 INTERDEPARTMENTAL TASK FORCE. THEY WERE, I THINK, 5 DIFFERENT IN THE SENSE THAT THIS ONE AS WELL AS 6 TALKING ABOUT PCBs, TALKED ABOUT THE USE OF THE 7 SEMI-CONTINUOUS ACTIVATED SLUDGE DEGRADATION TEST TO 8 EVALUATE THE BIODEGRADABILITY OF THE CHEMICAL 9 COMPOUND. 10 Q. IF THE PRESENTATION TO THE INTERDEPARTMENTAL TASK 11 FORCE WAS IN 1972, WOULD THAT HELP YOU PLACE A DATE ON 12 THIS PRESENTATION? 13 A. YES. 14 Q. WHAT'S YOUR BEST ESTIMATE OF THE DATE THEN OF THIS 15 PRESENTATION? 16 A. ON OR ABOUT 1972. 17 Q. DOES THIS DOCUMENT DESCRIBE THE WORK THAT YOU WERE 18 DOING WITHIN MONSANTO REGARDING SEMI-CONTINUOUS 19 ACTIVATED SLUDGE DEGRADATION? 20 A. YES. 21 Q. IS THIS A DOCUMENT THAT YOU MAINTAINED IN YOUR FILES 22 AT MONSANTO? 23 A. YES. 24 MR. BRADLEY: 25 I'M NOW GOING TO ASK THAT THIS BE MARKED AS 1603B. 54 WATER PCB-SD0000055072 1 (COURT REPORTER MARKS PLAINTIFF'S EXHIBIT 1603B, GRAPHIC 2 DEPICTION OF AROCLOR 1221 RIVER WATER BIODEGRADATION STUDY, 3 HERETO ATTACHED). 4 EXAMINATION CONTINUES BY MR. BRADLEY: 5 Q. DR. TUCKER, 1603B CONTAINS TWO PAGES THAT YOU REMOVED 6 FROM THE ORIGINAL 1603; IS THAT TRUE? 7 A. YES. 8 Q. AND WHAT IS 1603B? 9 A. 1603B ARE TWO PAGES THAT GRAPHICALLY DEPICT WHAT 10 HAPPENS TO AROCLOR 1221 IN A BIODEGRADATION STUDY IN 11 RIVER WATER. 12 Q. AND IS THAT A STUDY THAT YOU PERFORMED IN YOUR 13 LABORATORY WITHIN MONSANTO? 14 A. YES. 15 Q. IS THAT A TRUE AND ACCURATE COPY OF THE GRAPHS THAT 16 YOU PREPARED AS PART OF YOUR WORK WITHIN MONSANTO? 17 A. THE PAGES ACTUALLY REFER TO TWO DIFFERENT THINGS. THE 18 TOP PAGE REFERS TO WHAT WE JUST TALKED ABOUT. THE 19 BACK PAGE, UPON CLOSER LOOK, REFERS TO SEMI-CONTINUOUS 20 ACTIVATED SLUDGE WHICH IS A DIFFERENT TECHNIQUE. 21 MR. FEATHERSTONE: 22 LET'S GO OFF THE RECORD. 23 (OFF THE RECORD DISCUSSION). 24 EXAMINATION CONTINUES BY MR. BRADLEY: 25 Q. DR. TUCKER, YOU HAVE NOW REMOVED THE SECOND PAGE OF 55 WATER PCB-SD0000055073 1 1603B, SO THAT AS IT PRESENTLY EXISTS, 1603B IS A 2 ONE-PAGE EXHIBIT; IS THAT CORRECT? 3 A. YES, SIR. 4 Q. AND IS THAT EXHIBIT SOMETHING THAT YOU MAINTAINED 5 WITHIN YOUR FILES WITHIN MONSANTO AS PART OF YOUR 6 REGULARLY CONDUCTED BUSINESS THERE? 7 A. YES. 8 Q. AND DID YOU GENERATE THIS EXHIBIT DURING THE PERIOD OF 9 TIME YOU WERE WORKING ON THE BIODEGRADATION STUDY OF 10 AROCLOR 1221? 11 A. YES. 12 Q. WHAT DOES THAT EXHIBIT SHOW? 13 A. IT SHOWS THAT WHEN YOU INOCULATE RIVER WATER WITH 14 AROCLOR 1221, THAT EVEN UNDER THOSE VERY LOW BACTERIAL 15 BUG POPULATIONS, AND THINGS OF THAT SORT, THAT AROCLOR 16 1221 UNDERGOES BIODEGRADATION. 17 MR. BRADLEY: 18 LET'S GO OFF THE RECORD ONE MORE TIME. 19 (OFF THE RECORD DISCUSSION). 20 (COURT REPORTER MARKS PLAINTIFF'S EXHIBIT NUMBER 1603C, 21 BIODEGRADATION STUDY, HERETO ATTACHED). 22 (COURT REPORTER MARKS PLAINTIFF'S EXHIBIT NUMBER 1603D, 23 COMPILATION OF RESIDUE STUDIES, HERETO ATTACHED). 24 (COURT REPORTER MARKS PLAINTIFF'S EXHIBIT 1603E, 25 SEMI-CONTINUOUS ACTIVATED SLUDGE BIODEGRADATION STUDIES ON 56 WATER PCB-SD0000055074 1 AROCLOR 1242, HERETO ATTACHED). 2 EXAMINATION CONTINUES BY MR. BRADLEY: 3 Q. DR. TUCKER, I'M NOW GOING TO SHOW YOU PLAINTIFF'S 4 EXHIBITS 1603C. IS THIS THE PORTION OF THE ORIGINAL 5 1603 THAT WAS REDUNDANT? 6 A. YES. 7 Q. I'M GOING TO SHOW YOU PLAINTIFF'S EXHIBIT 1603D, THIS 8 WAS REMOVED BY YOU WHEN YOU SEPARATED PLAINTIFF'S 9 EXHIBIT 1603, CORRECT? 10 A. YES. 11 Q. AND WHAT IS PLAINTIFF'S EXHIBIT 1603D? 12 A. IT IS A COMPILATION OF RESIDUE STUDIES DEPICTED 13 GRAPHICALLY AND OTHERWISE IN ABION AND RAT, AND TO 14 SOME EXTENT, FISH STUDIES. 15 Q. I'M NOW GOING TO SHOW YOU PLAINTIFF'S EXHIBIT 1603E. 16 WAS THIS THE SEPARATE PAGE THAT YOU REMOVED FROM 17 1603B? 18 A. YES. 19 Q. AND WHAT IS 1603E? 20 A. 1603E IS A SEMI-CONTINUOUS ACTIVATED SLUDGE 21 BIODEGRADATION OF AROCLOR 1242 SHOWING THE MIXED 22 LIQUOR IN THE SEMI-CONTINUOUS ACTIVATED SLUDGE UNIT 23 BEFORE AND AFTER FEEDING, AND THESE ARE EXTRACTS OF 24 THAT MIXED LIQUOR AND ELECTRON CAPTURED CHROMATOGRAMS 25 OF THE MATERIALS THAT WERE EXTRACTED. 57 WATER PCB-SD0000055075 1 Q. I'M NOW GOING TO SHOW YOU PLAINTIFF'S EXHIBIT 1504 AND 2 ASK YOU TO REVIEW THAT FOR ME, PLEASE. 3 A. (REVIEWS DOCUMENT). OKAY, I'VE REVIEWED THE DOCUMENT. 4 Q. IS THIS A MEMORANDUM THAT YOU AUTHORED NOVEMBER 20, 5 1973, TO W.B. PAPAGEORGE? 6 A. YES. 7 Q. AND DOES IT DESCRIBE EVENTS THAT OCCURRED CLOSE TO THE 8 DATE YOU AUTHORED THE DOCUMENT? 9 A. YES. 10 Q. IS THIS A TRUE AND ACCURATE COPY OF THE MEMORANDUM YOU 11 SENT TO W.B. PAPAGEORGE ON NOVEMBER 20, 1973? 12 A. WITH THE EXCEPTION THAT THERE'S NOT A COPY OF THE 13 PAPER TO BE PUBLISHED IN ATMOSPHERIC ENVIRONMENTAL, 14 COPY ATTACHED, ASSOCIATED WITH THE DOCUMENT. 15 Q. OTHER THAN THAT, IT'S A TRUE AND ACCURATE COPY? 16 A. IT APPEARS TO BE SO, YES, SIR. 17 Q. AND IS THIS A DOCUMENT THAT YOU MAINTAINED IN YOUR 18 FILES AT MONSANTO AS PART OF YOUR REGULARLY CONDUCTED 19 BUSINESS? 20 A. YES. 21 Q. I'M NOW GOING TO SHOW YOU PLAINTIFF'S EXHIBIT 1249. 22 A. (REVIEWS DOCUMENT). 23 Q. HAVE YOU COMPLETED YOUR REVIEW? 24 A. YES, SIR. 25 Q. HAVE YOU SEEN THIS EXHIBIT PREVIOUS TO TODAY'S 58 WATER PCB-SD0000055076 1 DEPOSITION? 2 A. PROBABLY, BUT I DO NOT RECALL IT SPECIFICALLY TODAY. 3 Q. SO YOU WOULDN'T BE ABLE TO TELL US WHETHER IT'S A TRUE 4 AND ACCURATE COPY OR YOU WOULD BE ABLE TO TELL US? 5 A. IN REVIEWING IT, I HAVE NO REASON TO SUSPICION THAT 6 IT'S NOT A TRUE AND ACCURATE COPY. 7 Q. THIS IS A MARCH 8, 1974, MEMORANDUM BY H.S. BERGEN TO 8 A NUMBER OF PEOPLE INCLUDING YOU; IS THAT CORRECT? 9 A. THAT'S CORRECT. 10 Q. AND THE SUBJECT IS POLYCHLORINATED BIPHENYL EFFLUENT 11 STANDARDS? 12 A. YES, SIR. 13 Q. IS THIS A DOCUMENT THAT WAS GENERATED SHORTLY AFTER AN 14 INDUSTRY-MONSANTO MEETING ON THE PCB EFFLUENT 15 STANDARDS? 16 A. IT SAYS THAT, YES. 17 Q. AND IS THIS THE KIND OF DOCUMENT THAT MONSANTO WOULD 18 MAINTAIN IN ITS FILES AS PART OF ITS REGULARLY 19 CONDUCTED BUSINESS? 20 A. YES. 21 Q. I'M GOING TO SHOW YOU PLAINTIFF'S EXHIBIT 1560 AND ASK 22 YOU TO REVIEW THAT. 23 A. DO YOU WANT ME TO PASS 1249 ON? 24 Q. YES. 25 A. (REVIEWS DOCUMENTS). I'VE REVIEWED THE DOCUMENT. 59 WATER PCB-SD0000055077 1 Q. IS THIS DOCUMENT A SET OF MINUTES OF A MEETING HELD 2 DECEMBER 1, 1972, IN MONSANTO'S RESEARCH CENTER IN ST. 3 LOUIS, MISSOURI THAT YOU AUTHORED? 4 A. YES. 5 Q. THE LAST SENTENCE OF IT INDICATES AN OUTLINE OF THE 6 SUBJECTS REVIEWED FOLLOWS. BUT THAT'S NOT PRESENT 7 WITH THIS EXHIBIT. 8 A. RIGHT. 9 Q. WITH THAT UNDERSTANDING, DOES THIS APPEAR TO BE A TRUE 10 AND ACCURATE COPY OF THE MINUTES OF THE MEETING THAT 11 YOU PREPARED REGARDING THE DECEMBER 1, 1972, MEETING 12 REFERENCED IN THE EXHIBIT? 13 A. LET'S PUT IT THIS WAY, IT DOESN'T APPEAR NOT TO BE. 14 THIS WAS A LONG TIME AGO AND THIS HAS OBVIOUSLY BEEN 15 EXTRACTED FROM A LARGER DOCUMENT. 16 Q. DO YOU SEE ON PAGE TWO SOME HANDWRITING? 17 A. YES, I DO. 18 Q. IS THAT YOUR HANDWRITING? 19 A. NO, IT'S NOT. 20 Q. IS THIS THE SORT OF DOCUMENT THAT YOU WOULD MAINTAIN 21 AS PART OF THE FILES THAT YOU HAD WITHIN MONSANTO AS 22 PART OF YOUR REGULARLY CONDUCTED BUSINESS? 23 MR. FEATHERSTONE: 24 WITH OR WITHOUT THE HANDWRITING? 25 MR. BRADLEY: 60 WATER PCB-SD0000055078 1 AS IT IS. 2 MR. FEATHERSTONE: 3 WITH THE HANDWRITING. 4 WITNESS CONTINUES: 5 A. I WOULD MAINTAIN A COPY OF IT, BUT I WOULD DOUBT THAT 6 MY COPY WOULD HAVE THE HANDWRITING ON IT. 7 Q. ABSENT THE HANDWRITING, IT IS A DOCUMENT THAT YOU 8 WOULD EXPECT WAS WITHIN YOUR FILING SYSTEM AT 9 MONSANTO? 10 A. YES. 11 Q. AND THE NEXT TO THE LAST SENTENCE SAYS, "THE REMAINDER 12 OF THE MEETING WAS SPENT REVIEWING CURRENT AND FUTURE 13 MICC PCB DEFENSE WORK." MY FIRST QUESTION IS: WHAT 14 WAS MICC? 15 A. MONSANTO INDUSTRIAL CHEMICAL COMPANY. 16 Q. AND WHAT PCB DEFENSE WORK WERE YOU REFERRING TO IN 17 THAT SENTENCE IN THIS EXHIBIT? 18 A. IT HAD BECOME COMMON USAGE TO TALK ABOUT PCB DEFENSE 19 WORK IN THE SENSE THAT THE COMPANY WAS DEFENDING PCB 20 AGAINST UNWARRANTED ALLEGATIONS. 21 Q. WHAT WERE THE UNWARRANTED ALLEGATIONS YOU WERE 22 DEFENDING AGAINST? 23 A. MAINLY BY CONJECTURE BY PEOPLE OUTSIDE MONSANTO WHO 24 REALLY DON'T HAVE ENOUGH INFORMATION TO SAY WHAT THEY 25 WERE SAYING. 61 WATER PCB-SD0000055079 1 Q. AND WHAT WERE THEY CONJECTURING THAT MONSANTO 2 DISAGREED WITH? 3 MR. FEATHERSTONE: 4 OBJECT TO THE FORM OF THE QUESTION. 5 WITNESS CONTINUES: 6 A. IN GENERAL SOME OF THE IMPACTS THAT THEY WERE 7 ATTRIBUTING TO THE AROCLOR PRODUCT LINE. 8 Q. WHICH IMPACTS? 9 MR. FEATHERSTONE: 10 SAME OBJECTION. 11 WITNESS CONTINUES: 12 A. I DON'T RECALL SPECIFICALLY. 13 Q. DO YOU RECALL WHETHER FOR THESE UNWARRANTED 14 ALLEGATIONS REGARDING AROCLOR WHETHER MONSANTO HAD 15 DATA TO SHOW THAT THE ALLEGATIONS WERE, IN FACT, 16 UNWARRANTED? 17 A. YES. 18 Q. DO YOU RECALL WHETHER ANY OF THE ALLEGATIONS INCLUDED 19 THAT EXPOSURE TO AROCLOR COULD CAUSE CHLORACNE? 20 A. NO. 21 Q. DO YOU RECALL WHETHER ANY OF THE ALLEGATIONS WERE THAT 22 IF SOMEONE WAS EXPOSED TO AROCLOR AND DEVELOPED A SKIN 23 RASH, THAT IT COULD BE A SIGN OF A SYSTEMIC POISONING? 24 A. NO. 25 Q. DO YOU RECALL WHETHER ANY OF THE ALLEGATIONS INCLUDED 62 WATER PCB-SD0000055080 1 A CLAIM THAT AROCLOR WAS A POISON? 2 A. NO. 3 Q. DO YOU RECALL WHETHER ANY OF THE CLAIMS HAD TO DO WITH 4 WHETHER AROCLORS CONTAINED POLYCHLORINATED 5 DIBENZOFURANS? 6 A. NO. 7 Q. WHEN YOU ANSWERED NO, IS IT NO, YOU DON'T RECALL OR, 8 NO, THOSE WEREN'T THE CLAIMS? 9 A. IN THAT PARTICULAR INSTANCE THE DIOXINS -- YOU DID SAY 10 DIOXINS, CORRECT? 11 Q. I SAID POLYCHLORINATED DIBENZOFURANS. 12 A. FURANS. ALLEGATIONS HAD BEEN MADE, AND WE HAD SHOWN 13 THAT THERE WAS NONE IN THERE THAT WAS DETECTABLE. SO 14 THERE WAS NO NEED TO WORRY ABOUT THOSE AS BEING 15 UNWARRANTED. 16 Q. FORGIVE ME IF I'VE ASKED YOU THIS BEFORE. DO YOU KNOW 17 WHETHER POLYCHLORINATED DIBENZOFURANS HAVE EVER BEEN 18 SHOWN TO BE PRESENT IN PCBs MANUFACTURED BY MONSANTO? 19 A. NO. 20 Q. NO, YOU DON'T KNOW OR, NO, THEY DO NOT - 21 A. I DO NOT KNOW IF THEY EVER HAVE BEEN SHOWN TO BE 22 PRESENT IN POLYCHLORINATED BIPHENYLS MANUFACTURED BY 23 MONSANTO. 24 MR. FEATHERSTONE: 25 YOU DID, IN FACT, ASK THAT EARLIER TODAY. 63 WATER PCB-SD0000055081 1 EXAMINATION CONTINUES BY MR. BRADLEY: 2 Q. WHEN DID YOU CEASE WORKING AS A GROUP LEADER AND 3 BECOME A SENIOR RESEARCH SPECIALIST? 4 A. I GUESS, TO THE BEST OF MY RECOLLECTION, THAT WAS 5 SOMEWHERE BETWEEN '75, '76, IN THAT RANGE, 1975, 1976. 6 MR. BRADLEY: 7 LET'S GO OFF THE RECORD BRIEFLY. 8 (OFF THE RECORD DISCUSSION). 9 (BRIEF RECESS). 10 EXAMINATION CONTINUES BY MR. BRADLEY: 11 Q. DR. TUCKER, I'VE NOW SHOWN YOU EXHIBIT 1438. THAT 12 DOCUMENT IS ENTITLED "BIODEGRADABILITY OF AROCLOR 13 1221." IS THAT CORRECT? 14 A. YES. 15 Q. AND AS I UNDERSTAND IT FROM A DISCUSSION WE HELD 16 BRIEFLY OFF THE RECORD, NOT ALL OF WHAT IS WITHIN 17 PLAINTIFF'S EXHIBIT 1438 NECESSARILY RELATES TO 18 BIODEGRADABILITY OF AROCLOR 1221; IS THAT CORRECT? 19 A. YES. 20 Q. WOULD YOU GO THROUGH THAT EXHIBIT AND REMOVE FOR ME 21 ANYTHING THAT YOU DETERMINE DOES NOT RELATE TO THE 22 BIODEGRADABILITY OF AROCLOR 1221. 23 MR. FEATHERSTONE: 24 WELL, MR. BRADLEY, DO YOU WANT HIM TO REMOVE ANYTHING 25 THAT DOES NOT RELATE TO BIODEGRADABILITY OF AROCLOR 64 WATER PCB-SD0000055082 1 1221, OR DO YOU WANT HIM TO REMOVE ANYTHING THAT IS 2 NOT PART OF THE SPECIAL STUDY NUMBER 7217? 3 EXAMINATION CONTINUES BY MR. BRADLEY: 4 Q. ACTUALLY MR. FEATHERSTONE IS CORRECT. I WANT YOU TO 5 REMOVE ANYTHING THAT'S NOT PART OF THE SPECIAL STUDY 6 7217, WITH THE JOB NUMBER THAT'S REFERENCED AT THE TOP 7 OF THE EXHIBIT. 8 A. (COMPLIES). OKAY, I'VE DONE THAT. I HAVE DONE THAT. 9 Q. AND I'M NOW GOING TO, WITH YOUR ATTORNEY'S PERMISSION, 10 REMARK 1438 AS 1438A. 11 MR. FEATHERSTONE: 12 WELL, A PORTION OF 1438 IS BEING REMARKED AS 1438A. 13 EXAMINATION CONTINUES BY MR. BRADLEY: 14 Q. I'M MARKING AS 1438A, THOSE SETS OF PAPERS THAT YOU 15 REMOVED FROM THE ORIGINAL 1438; IS THAT CORRECT? 16 A. YES, THAT'S CORRECT. 17 Q. I'M REFERRING NOW TO 1438A, AND ASK MY FIRST QUESTION 18 IS: IS THAT A TRUE AND ACCURATE COPY OF THE SPECIAL 19 STUDY 7217 REGARDING BIODEGRADABILITY OF AROCLOR 1221? 20 A. (REVIEWS DOCUMENT). YES. 21 Q. IS THIS A PAPER THAT YOU WROTE WITH V.W. SAEGER? 22 A. YES. 23 Q. WHO WAS V.W. SAEGER? 24 A. V.W. SAEGER WAS A PH.D. PHYSICAL CHEMIST THAT WORKED 25 FOR ME AND RAN THE BIODEGRADATION PROGRAM. 65 WATER PCB-SD0000055083 1 Q. AND THIS EXHIBIT 1438A WAS WRITTEN IN AUGUST OF 1974? 2 A. THAT IS CORRECT. 3 Q. DID YOU MAINTAIN A COPY OF THIS EXHIBIT WITHIN YOUR 4 FILES WITHIN MONSANTO AS PART OF YOUR REGULARLY 5 CONDUCTED BUSINESS THERE? 6 A. YES. 7 Q. WOULD YOU NOW LOOK AT 1438B, WHICH I AM NOW HAVING 8 MARKED. 9 (COURT REPORTER MARKS PLAINTIFF'S EXHIBIT NUMBER 1438B, 10 HANDWRITTEN REPORT, HERETO ATTACHED). 11 MR. BRADLEY: 12 OFF THE RECORD. 13 (OFF THE RECORD DISCUSSION). 14 EXAMINATION CONTINUES BY MR. BRADLEY: 15 Q. I'VE NOW SHOWN YOU WHAT'S BEEN MARKED FOR 16 IDENTIFICATION AS EXHIBIT 1438B. CAN YOU TELL ME WHAT 17 THAT DOCUMENT IS? 18 A. THE FIRST TWO PAGES APPEAR TO BE HANDWRITTEN NOTES OF 19 MINE REFERRING TO SEMI-CONTINUOUS ACTIVATED 20 BIODEGRADATION STUDIES. THE THIRD PAGE, COPY OF 21 ELECTRON CAPTURED CHROMATOGRAMS OF AROCLOR 1242 AFTER 22 FEEDING, MIXED LIQUOR AFTER FEEDING, MIXED LIQUOR 23 BEFORE FEEDING. 740507 IS A COMPARISON OF MATERIAL 24 CALLED FRACTIONATED 1130, AROCLOR 1242B WHICH IS 25 LABELED FRACTIONATED 1142, AND THEN AROCLOR 1242. THE 66 WATER PCB-SD0000055084 1 PAGES 740508 THROUGH 740514 APPEAR TO BE BAR CHARTS 2 RELATING DEGRADATION TO HOMOLOG DISTRIBUTION. 3 MR. FEATHERSTONE: 4 BEFORE DR. TUCKER GOES ON, THE NUMBERS HE'S BEEN 5 USING, ARE THESE NUMBERS THAT NEVADA POWER HAS PLACED 6 ON THE DOCUMENTS? 7 MR. BRADLEY: 8 YES. 9 WITNESS CONTINUES: 10 A. THE FINAL PAGES, 740515 THROUGH 740530 APPEAR TO BE A 11 PRESENTATION OF SOME SORT THAT WAS PREPARED BY 12 CUMMINGS PATON HAVING TO DO WITH WHEN, WHERE, AND WHY 13 OF THE PCB SITUATION. 14 Q. THE PORTION OF THAT EXHIBIT THAT BEGINS AT 740504, 15 YOUR HANDWRITTEN NOTES. 16 A. SEVEN FORTY -17 Q. FIVE ZERO FOUR, YOUR HANDWRITTEN NOTES. 18 A. YES. 19 Q. THROUGH 740514. 20 A. YES. 21 Q. DO THOSE ALL RELATE TO SEMI-CONTINUOUS ACTIVATED 22 SLUDGE BIODEGRADATION STUDIES? 23 A. AS I STATED EARLIER, THE FIRST THREE PAGES, 74504, 24 505, AND 506 FOR SURE. 25 Q. YES. 67 WATER PCB-SD0000055085 1 A. 740507 JUST SHOWS THE ELECTRON CAPTURE PATTERNS FOR 2 THE THREE DIFFERENT PCB MATERIALS. 3 Q. DOES THAT RELATE IN ANY WAY TO SEMI-CONTINUOUS 4 ACTIVATED SLUDGE BIODEGRADATION? 5 A. NO. 6 Q. OKAY. 7 A. FOLLOWING THAT ON 740508 THROUGH 740514, THE FIRST 8 PAGE OF THAT SERIES DOES HAVE SEMI-CONTINUOUS 9 ACTIVATED SLUDGE WRITTEN ON IT, AND PROBABLY REFERS TO 10 THAT. THE REST APPEAR TO, BUT I'D HAVE TO REALLY LOOK 11 AT THE DATA. THEY DO NOT HAVE ACTIVATED SLUDGE 12 WRITTEN ON THEM, BUT THEY COULD BE THAT. THEN THE 13 REST OF THE DOCUMENT ARE, OH, SALES, AND FIGURES, 14 AND -15 Q. I'M NOW GOING TO ASK YOU TO REMOVE FROM EXHIBIT 1438B 16 THE PAGES THAT BEGIN WITH 740515. 17 A. 74515. 18 Q. WITH YOUR ATTORNEY'S CONSENT. 19 MR. FEATHERSTONE: 20 LET'S GO OFF THE RECORD. 21 (OFF THE RECORD DISCUSSION). 22 (COURT REPORTER MARKS PLAINTIFF'S EXHIBIT NUMBER 1438C, 23 SEMI-CONTINUOUS ACTIVATED SLUDGE BIODEGRADATION STUDY, 24 HERETO ATTACHED). 25 (COURT REPORTER MARKS PLAINTIFF'S EXHIBIT NUMBER 1438D, 68 WATER PCB-SD0000055086 1 ELECTRON CAPTURED CHROMATOGRAMS, HERETO ATTACHED). 2 (COURT REPORTER MARKS PLAINTIFF'S EXHIBIT NUMBER 1438E, 3 SEMI-CONTINUOUS ACTIVATED SLUDGE TEST, HERETO ATTACHED). 4 (COURT REPORTER MARKS PLAINTIFF'S EXHIBIT NUMBER 1438F, 5 MEETING NOTES, HERETO ATTACHED). 6 EXAMINATION CONTINUES BY MR. BRADLEY: 7 Q. DR. TUCKER, YOU'VE NOW, AT MY REQUEST, TAKEN WHAT WAS 8 MARKED AS PLAINTIFF'S EXHIBIT 1438B AND SEPARATED THAT 9 DOCUMENT INTO 1438C, D, E, AND F; IS THAT CORRECT? 10 A. THAT'S CORRECT. 11 Q. I'M NOW GOING TO REHAND TO YOU 1438B AND ASK YOU TO 12 DESCRIBE WHAT IT IS AS IT PRESENTLY EXISTS HAVING BEEN 13 SEPARATED. 14 A. IT'S HANDWRITTEN NOTES OF MINE WHICH MAY HAVE BEEN 15 COPIED FROM A LAB BOOK. 16 Q. DOES THAT EXHIBIT APPEAR TO BE A TRUE AND ACCURATE 17 COPY OF THE NOTES THAT YOU WROTE? 18 A. YES. 19 Q. AND IS THAT THE SORT OF DOCUMENT YOU WOULD MAINTAIN 20 WITHIN YOUR FILES AT MONSANTO AS PART OF YOUR 21 REGULARLY CONDUCTED BUSINESS? 22 A. YES. 23 Q. AND DOES IT DESCRIBE EVENTS OCCURRING ON OR ABOUT THE 24 TIME THAT THEY OCCURRED? 25 A. I DON'T SEE ANY REFERENCE TO ANY DATE. IT IS AN 69 WATER PCB-SD0000055087 1 EXCERPT. 2 Q. THE DOCUMENT BEGINS BY SAYING AFTER ITS TITLE OF 3 SEMI-CONTINUOUS ACTIVATED SLUDGE BIODEGRADATION 4 STUDIES, IT SAYS, "WE HAVE BEEN OPERATING FOUR SAS 5 UNITS FOR APPROXIMATELY FOUR TO FIVE MONTHS NOW AND 6 HAVE STUDIED AROCLOR 1221, 1242, 1242 PLUS BIPHENYL, 7 1248 AND," SOMETHING OR OTHER, "1228." 8 A. UH-HUH (AFFIRMATIVE). 9 Q. WHAT IS THE SOMETHING OR OTHER? 10 A. AROBROM 1228. 11 Q. AND WAS THIS DOCUMENT WRITTEN SHORTLY AFTER YOU BEGAN 12 OPERATING THE UNITS FOR THE FOUR TO FIVE MONTHS, AND 13 AFTER YOU HAD STUDIED AROCLOR 1221, 42 AND THE 42 PLUS 14 BIPHENYL AND THE OTHER COMPOUNDS REFERRED THERE IN 15 THAT FIRST PARAGRAPH? 16 A. I'M NOT SURE HOW YOU DEFINE SHORTLY, BUT IT WAS 17 PROBABLY WRITTEN FOUR OR FIVE MONTHS AFTER WE STARTED 18 RUNNING THE SEMI-CONTINUOUS ACTIVATED SLUDGE UNITS. 19 Q. IS THIS A DOCUMENT THAT YOU MAINTAINED WITHIN YOUR 20 FILES AT MONSANTO AS PART OF YOUR REGULARLY CONDUCTED 21 BUSINESS? 22 A. YES. 23 Q. I'M NOW GOING TO SHOW PLAINTIFF'S EXHIBIT 1438C AND 24 ASK YOU TO IDENTIFY THAT. 25 A. IT'S A PAGE WITH TWO CHARTS ON IT WHICH ARE ELECTRON 70 WATER PCB-SD0000055088 1 CAPTURED CHROMATOGRAMS OF AROCLOR 1242 EXTRACTED FROM 2 SEMI-CONTINUOUS ACTIVATED SLUDGE MIXED LIQUOR AFTER 3 FEEDING AND BEFORE FEEDING. 4 Q. THIS IS A ONE-PAGE DOCUMENT THAT YOU REMOVED FROM WHAT 5 HAD BEEN 1438B? 6 A. YES. 7 Q. I'M GOING TO SHOW YOU 1438D WHICH IS ALSO A ONE-PAGE 8 DOCUMENT THAT YOU REMOVED FROM 1438B; IS THAT CORRECT? 9 A. YES. 10 Q. WHAT IS THAT DOCUMENT? 11 A. THAT'S A ONE-PAGE DOCUMENT THAT HAS THREE ELECTRON 12 CAPTURED CHROMATOGRAMS ON IT. ONE OF A MATERIAL 13 CALLED FRACTIONATED 1130, THERE'S ANOTHER OF A 14 MATERIAL CALLED AROCLOR 1242B, AND ANOTHER OF AROCLOR 15 1242 . 16 Q. WHAT DOES THAT DOCUMENT SHOW, IF ANYTHING? 17 A. IT SHOWS THE HOMOLOG DISTRIBUTION OF THESE THREE 18 DIFFERENT MATERIALS AS A FUNCTION OF THE DEGREE OF 19 CHLORINATION. 20 Q. I'M NOW GOING TO SHOW YOU 1438E, WHICH IS A SEVEN-PAGE 21 SET OF DOCUMENTS THAT YOU REMOVED FROM 1438B; IS THAT 22 CORRECT? 23 A. YES. 24 Q. WHAT IS THAT EXHIBIT? 25 A. IT APPEARS TO BE SOMEONE ATTEMPTING TO PREPARE A BAR 71 WATER PCB-SD0000055089 1 CHART RENDITION THAT WOULD DEPICT THE DEGRADATION OF 2 POLYCHLORINATED BIPHENYLS. 3 Q. DID YOU PREPARE THAT EXHIBIT? 4 A. NO, SIR. 5 Q. I'M NOW GOING TO SHOW YOU 1438F, WHICH YOU ALSO 6 REMOVED FROM WHAT HAD BEEN MARKED AS 1438B; IS THAT 7 CORRECT? 8 A. YES, SIR. 9 Q. IS TODAY THE FIRST DAY YOU'VE SEEN THAT EXHIBIT? 10 A. COMPILED IN THIS FASHION, YES. 11 Q. DID YOU PARTICIPATE IN A MEETING ATTENDED IN PART BY 12 C. PATON WHERE THE OBJECTIVES WERE A PROGRESS REPORT 13 ON LABORATORY BIODEGRADATION OF PCBs? 14 A. I DON'T RECALL THE MEETING SPECIFICALLY. 15 Q. I DRAW YOUR ATTENTION TO THE PAGE MARKED 740518. 16 A. YES, SIR. 17 Q. IT SAYS, "MONSANTO PCB SALES IN U.S.A. (MILLION 18 POUNDS)." 19 A. YES, IT DOES. 20 Q. HAVE YOU SEEN THAT PAGE BEFORE? 21 A. I CANNOT ATTEST TO HAVING SEEN THIS SPECIFIC PAGE 22 BEFORE, BUT I'VE SEEN NUMBERS OF THIS SORT BEFORE. 23 Q. DO YOU KNOW WHETHER MONSANTO IN 1970 SOLD ROUGHLY 74 24 MILLION POUNDS OF PCBs IN THE UNITED STATES? 25 A. NO. 72 WATER PCB-SD0000055090 1 Q. WOULD YOU NOW TURN TO 740522. 2 A. OKAY. 3 Q. AT THE TOP IT SAYS, "CAPACITOR FLUIDS WHY CONVERT TO 4 AROCLOR 1016?" DO YOU SEE THAT? 5 A. YES, SIR. 6 Q. UNDER NUMBER ONE IT SAYS, "NINE-FOLD REDUCTION IN PCBs 7 OF PENTACHLORO AND HIGHER." WAS THERE AN EFFORT TO 8 CONVERT TO AROCLOR 1016 BECAUSE THERE WOULD BE A 9 NINE-FOLD REDUCTION OF PCBs OF PENTACHLORO AND HIGHER? 10 A. YES. 11 Q. WHY WAS MONSANTO INTERESTED IN HAVING A REDUCTION IN 12 PCBs OF PENTACHLORO AND HIGHER? 13 A. IT HAD BEEN SHOWN THAT PENTACHLORO BIPHENYLS TOOK VERY 14 LONG PERIODS OF TIME IF THEY WERE RELEASED INTO THE 15 ENVIRONMENT TO UNDERGO DEGRADATION, AND IT WAS FELT 16 THAT IF THESE MATERIALS WERE REMOVED FROM AROCLOR, AND 17 IF THE AROCLORS WERE USED IN CLOSED SYSTEMS, THAT ANY 18 THAT MIGHT BE INADVERTENTLY RELEASED WOULD UNDERGO 19 MORE RAPID DEGRADATION IF THEY DID NOT CONTAIN THE 20 PENTACHLORO AND HIGHER. 21 Q. PRIOR TO MONSANTO'S CONVERSION TO AROCLOR 1016, WHICH 22 AROCLOR PRODUCTS CONTAINED PCBs OF PENTACHLORO AND 23 HIGHER? 24 A. ALL AROCLOR PRODUCTS TO ONE DEGREE OR ANOTHER DOWN TO 25 THE MOLECULAR LEVEL CONTAINED EACH OF THE ISOMERS. 73 WATER PCB-SD0000055091 1 Q. SO THEY ALL CONTAINED PENTACHLORO AND HIGHER? 2 A. YES. 3 Q. UNDER NUMBER TWO ON WHY CONVERT TO AROCLOR 1016 IT 4 SAYS, "100-FOLD REDUCTION IN PCBs OF HEXACHLORO AND 5 HIGHER." WAS THERE AN EFFORT WITHIN MONSANTO TO 6 CONVERT TO AROCLOR 1016 BECAUSE THERE WOULD BE A 7 100-FOLD REDUCTION IN PCBs OF HEXACHLORO- AND HIGHER? 8 A. YES. 9 Q. WHY WAS IT IMPORTANT TO MONSANTO TO HAVE A REDUCTION 10 IN PCBs OF HEXACHLORO- AND HIGHER? 11 A. THE INFORMATION THAT HAD BEEN GENERATED TO DATE, 12 AGAIN, INDICATED THAT THE HIGHER THE DEGREE OF 13 CHLORINATION OF THE BIPHENYL MOLECULE, THE MORE 14 RESISTANT IT WAS IN THE ENVIRONMENT TO ULTIMATE 15 DEGRADATION, AND AS SUCH, TO MANUFACTURE A PRODUCT 16 THAT HAD MINIMUM IMPACT ON THE ENVIRONMENT, YOU WOULD 17 WANT TO PROBABLY REMOVE THE MORE RESISTANT ISOMERS. 18 Q. WHEN DID MONSANTO LEARN THAT THE HEXACHLORO- AND 19 HIGHER PCBs WERE MORE DIFFICULT TO BIODEGRADE? 20 A. THERE WAS NO ONE MINUTE, HOUR, OR DAY THAT THAT 21 PARTICULAR KNOWLEDGE CAME TO ANYBODY. IT WAS AN 22 EVOLUTIONARY PROCESS IN WHICH MORE AND MORE 23 INFORMATION BECAME AVAILABLE, AND WE DEVELOPED A 24 THEORY AND REDUCED IT TO PRACTICE WITH PROOF IN TERMS 25 OF WHAT WAS ACTUALLY GOING ON IN THE ENVIRONMENT. 74 WATER PCB-SD0000055092 1 Q. WHEN DID IT BECOME REASONABLY CLEAR TO YOU THAT PCBs 2 OF HEXACHLORO- AND HIGHER HAD MORE DIFFICULTY 3 BIODEGRADING IN THE ENVIRONMENT? 4 A. AS WE BEGAN TO LOOK AT MORE AND MORE ENVIRONMENTAL 5 SAMPLES THAT WERE FURTHER AND FURTHER AWAY FROM 6 EXPOSURE TO FRESH PCBs, WE BEGAN TO SEE PATTERNS 7 DEVELOP WHEREBY HIGHER HOMOLOGS WERE PRESENT. 8 Q. CAN YOU PUT A TIME FRAME ON IT FOR ME? 9 A. YES. I WOULD SAY THAT WE BECAME FAIRLY KNOWLEDGEABLE 10 ABOUT THAT KIND OF THING SOMETIME AFTER 1970, '71. 11 Q. I'M NOW GOING TO ASK YOU TO TURN YOUR ATTENTION TO 12 740525. 13 A. OKAY. 14 Q. AS PART OF YOUR WORK WITHIN MONSANTO, DID YOU EVER 15 BECOME AWARE OF THE POTENTIAL RATE OF ESCAPE OF PCBs 16 TO THE ENVIRONMENT? 17 A. RESTATE THAT QUESTION, PLEASE, OR REPEAT IT. 18 MR. BRADLEY: 19 WOULD YOU READ IT BACK. 20 (REQUESTED QUESTION READ BY THE COURT REPORTER). 21 WITNESS CONTINUES: 22 A. YES. 23 Q. AND WITHIN MONSANTO, WAS THERE AN ACCEPTED FAILURE 24 RATE FOR CAPACITORS - 25 MR. FEATHERSTONE: 75 WATER PCB-SD0000055093 1 OBJECT 2 EXAMINATION CONTINUES BY MR. BRADLEY: 3 Q. -- FOR DETERMINING THE RATE OF PCB ESCAPE TO THE 4 ENVIRONMENT? 5 A. NO. 6 MR. FEATHERSTONE: 7 OBJECT TO THE FORM OF THE QUESTION. 8 EXAMINATION CONTINUES BY MR. BRADLEY: 9 Q. WAS THERE, WHILE YOU WERE AT MONSANTO, A DISCUSSION OF 10 A CAPACITOR FAILURE RATE OF TWO TENTHS OF ONE PERCENT 11 PER YEAR? 12 A. I DO NOT RECALL THAT. 13 Q. DO YOU RECALL IN THE THOUSANDS OF POUNDS WHAT THE RATE 14 OF PCB ESCAPE TO THE ENVIRONMENT WAS ESTIMATED TO BE 15 BY MONSANTO BETWEEN 1967 AND 1970? 16 A. NO. 17 Q. DO YOU HAVE THAT INFORMATION FOR ANY OF THE YEARS THAT 18 YOU WORKED AT MONSANTO? 19 A. COULD YOU PLEASE SPECIFY HAVING THE INFORMATION? 20 Q. WELL, BECOMING AWARE OF THE INFORMATION REGARDING THE 21 RATE OF THE PCB ESCAPE TO THE ENVIRONMENT. 22 A. THE INFORMATION I'M SURE WAS GENERATED, BOTH ON A 23 HYPOTHETICAL BASIS AND THEN BASED ON PRODUCTION Ii 24 INFORMATION. BUT IT WAS ANCILLARY TO MY TECHNICAL 25 JOB, AND SO I DIDN'T NECESSARILY PAY ATTENTION TO IT 76 WATER PCB-SD0000055094 1 OR WORRY ABOUT IT. 2 Q. WHETHER YOU PAID ATTENTION TO IT, OR BECAME WORRIED 3 ABOUT IT, THOUGH, DID YOU EVER BECOME AWARE OF THE 4 INFORMATION REGARDING THE THOUSANDS OF -- WHATEVER 5 AMOUNT OF POUNDS OF PCBs WERE THOUGHT TO BE ESCAPING 6 INTO THE ENVIRONMENT DURING THE TIME YOU WERE EMPLOYED 7 AT MONSANTO? 8 A. I BECAME AWARE OF A NUMBER OF THEORETICAL ESTIMATES, 9 --YES. 10 Q. AND WHO DEVELOPED THE THEORETICAL ESTIMATES? 11 A. ANYBODY WHO FELT THEY HAD ACCESS TO THE INFORMATION 12 NECESSARY TO DO SO AND WERE INTERESTED IN THE PROBLEM. 13 IT WAS NOT ONLY INTERNAL, IT WAS EXTERNAL. PEOPLE 14 LIKE E.N. NESBITT, BELL CEREPHAN (ph) THE EPA, YOU 15 NAME IT. 16 Q. AND WHAT WERE THE THEORETICAL ESTIMATES OF PCB ESCAPE 17 TO THE ENVIRONMENT THAT YOU BECAME AWARE OF WHILE AT 18 MONSANTO? 19 MR. FEATHERSTONE: 20 OBJECT TO THE FORM OF QUESTIONING. 21 WITNESS CONTINUES: 22 A. SPECIFICALLY POUND-WISE AND THINGS LIKE THAT? 23 Q. YES. 24 A. I HAVE NO RECOLLECTION. 25 Q. I'M NOW GOING TO SHOW PLAINTIFF'S EXHIBIT 682 AND ASK 77 WATER PCB-SD0000055095 1 YOU TO REVIEW THAT. ONE OF THE THINGS I'M GOING TO 2 ASK YOU TO DO IS TO IDENTIFY FOR ME WHETHER THE 3 EXHIBIT CONTAINS PARTS THAT SHOULD BE SEPARATED AS 4 WE'VE SEPARATED OTHER EXHIBITS. 5 A. (REVIEWS DOCUMENTS). 6 (OFF THE RECORD DISCUSSION). 7 (BRIEF RECESS). 8 EXAMINATION CONTINUES BY MR. BRADLEY: 9 Q. DR. TUCKER, I'M NOW GOING TO SHOW YOU PLAINTIFF'S 10 EXHIBIT 1571 WHICH IS ENTITLED "DETERMINATION OF 11 AROCLORS AND RELATED PRODUCTS IN MIXED LIQUOR SAMPLES 12 FROM SEMI-CONTINUOUS ACTIVATED SLUDGE UNITS BY 13 ULTRAVIOLET ABSORPTION." IT HAS A METHOD NUMBER 7117, 14 A JOB NUMBER 1348006. LET ME ASK YOU TO REVIEW THAT 15 FOR ME, PLEASE. 16 A. I HAVE PREVIOUSLY REVIEWED THIS. 17 Q. IS THIS A DOCUMENT THAT YOU PREPARED WITH O. HICKS AND 18 V. SAEGER ON 6 OF '71? 19 A. YES. 20 Q. IS THIS A TRUE AND ACCURATE COPY OF THE JOB NUMBER 21 1348006 THAT YOU PREPARED WITH O. HICKS AND V. SAEGER 22 IN JUNE OF '71? 23 A. UH-HUH (AFFIRMATIVE). YES. 24 Q. WHAT IS THIS DOCUMENT? 25 A. THIS WAS A METHOD WHICH ESTABLISHES THAT ULTRAVIOLET 78 WATER PCB-SD0000055096 1 ABSORPTION CAN BE USED TO MONITOR SEMI-CONTINUOUS 2 ACTIVATED SLUDGE DEGRADATION OF THE CONSTITUENTS 3 CALLED OUT IN THE METHOD. 4 Q. AND DID YOU AUTHOR THIS DOCUMENT ON OR ABOUT THE TIME 5 YOU MADE THE DETERMINATION OF AROCLORS AND RELATED 6 PRODUCTS IN MIXED LIQUOR SAMPLES AS IS REFERRED TO IN 7 THE TITLE OF THIS EXHIBIT? 8 A. YES. 9 Q. AND IS THIS A DOCUMENT THAT YOU MAINTAIN IN YOUR FILES 10 AT MONSANTO AS PART OF YOUR REGULARLY CONDUCTED 11 BUSINESS? 12 A. YES. 13 Q. WOULD YOU LOOK AT PAGE TWO OF THAT EXHIBIT UNDER 14 RECOVERY DATA. 15 A. YES. 16 Q. YOU HAVE LISTED AROCLOR 1242, AND SOME OTHER AROCLORS, 17 AND SOME OTHER CHEMICALS THERE, CORRECT? 18 A. YES. 19 Q. AND LET'S BEGIN WITH AROCLOR 1242. THERE IS A FIGURE 20 83.8 PLUS OR MINUS 1.3% RECOVERED. DID I READ THAT 21 CORRECTLY? 22 A. YES, YOU DID. 23 Q. WHAT DOES THAT MEAN? 24 A. IT MEANS THAT WHEN THE ACTIVATED SLUDGE SAMPLE WAS 25 SPIKED WITH A KNOWN LEVEL OF THE CONSTITUENT IN 79 WATER PCB-SD0000055097 1 QUESTION, AROCLOR 1242, AND THEN RUN THROUGH THE 2 PROCEDURE, THAT THE AMOUNT RECOVERED WAS 83.8 PLUS OR 3 MINUS 1.3% OF WHAT WAS ADDED. 4 Q. DOES THE NUMBER THAT YOU PUT THERE NEXT TO AROCLOR 5 1242, HAVE ANYTHING TO DO WITH THE ABILITY OF AROCLOR 6 1242 TO BIODEGRADE? 7 A. NOPE. NO, IT DOES NOT. 8 Q. WHAT WAS THE PURPOSE IN CONDUCTING WHATEVER YOU DID 9 THAT'S REFERRED TO IN PLAINTIFF'S EXHIBIT 1571? 10 A. TO ESTABLISH THE VALIDITY OF THE METHOD FOR MEASURING 11 THE CONSTITUENT IN QUESTION IN THE MATRIX BEING 12 ANALYZED. 13 Q. I'M NOW GOING TO HAND YOU PLAINTIFF'S EXHIBIT 1436. 14 A. (REVIEWS DOCUMENT). 15 Q. HAVE YOU SEEN PLAINTIFF'S EXHIBIT 1436 PRIOR TO 16 TODAY'S DEPOSITION? 17 A. YES. 18 Q. DID YOU AUTHOR THAT? 19 A. IT APPEARS SO, EVEN THOUGH IT'S NOT SIGNED BY ME, AND 20 I WOULD THINK THAT I DID AUTHOR IT. YES. 21 Q. WHAT IS THAT EXHIBIT? 22 A. WELL, IT'S ENTITLED POLYCHLORINATED BIPHENYL 23 BIODEGRADATION STUDIES, AND APPEARS TO BE A SUMMARY 24 REPORT ON BIODEGRADATION STUDIES. 25 Q. DO YOU RECALL ROUGHLY WHAT PERIOD OF TIME IT WAS THAT 80 WATER PCB-SD0000055098 1 YOU GENERATED THAT REPORT? 2 A. WELL, IT WOULD HAVE TO BE AFTER 1971. 3 Q. IS THAT - 4 A. OR IN 1971. 5 Q. DOES THAT APPEAR TO BE A TRUE AND ACCURATE COPY OF THE 6 REPORT YOU GENERATED? 7 A. TO THE BEST OF MY ABILITY IT APPEARS TO BE SO. 8 Q. DID YOU MAINTAIN A COPY OF THAT IN YOUR FILES AT 9 MONSANTO AS PART OF YOUR REGULARLY CONDUCTED BUSINESS? 10 A. YES. 11 Q. CAN I SEE IT FOR A MOMENT? 12 A. YES. 13 MR. FEATHERSTONE: 14 OFF THE RECORD. 15 (OFF THE RECORD DISCUSSION). 16 EXAMINATION CONTINUES BY MR. BRADLEY: 17 Q. IN PARAGRAPH FOUR YOU INDICATE, "IN AN ATTEMPT TO 18 ANSWER THESE QUESTIONS, A NUMBER OF COMPARATIVE 19 EXPERIMENTAL LABORATORY STUDIES OF THE AROCLOR 20 PRODUCTS HAVE BEEN CARRIED OUT TO DETERMINE THE EXTENT 21 TO WHICH THESE MATERIALS ARE DEGRADED BY BACTERIAL 22 ABION, ANIMALIA AND AQUATIC ORGANISMS." IS THAT 23 CORRECT? 24 A. WHAT YOU READ OR WHAT I SAID? 25 Q. YES. 81 WATER PCB-SD0000055099 1 A. WHAT I SAID? 2 Q. WHAT I READ IS A CORRECT READING OF PARAGRAPH FOUR? 3 A. YES. 4 Q. AND IS THIS PAPER AN ATTEMPT TO EXPLAIN THE STUDIES 5 THAT ARE REFERRED TO IN THAT PARAGRAPH? 6 A. NO. 7 Q. DOES PLAINTIFF'S EXHIBIT 1436 HAVE A DISCUSSION OF THE 8 LABORATORY STUDIES THAT'S REFERRED TO IN THIS 9 PARAGRAPH? 10 A. YES. 11 Q. AND WAS PLAINTIFF'S EXHIBIT 1436 WRITTEN SHORTLY AFTER 12 THE LABORATORY STUDIES WERE COMPLETED THAT WERE 13 REFERRED TO IN PARAGRAPH FOUR? 14 A. THESE STUDIES WEREN'T NECESSARILY COMPLETED, THEY MAY 15 HAVE BEEN ONGOING. BUT THEY WERE WRITTEN AT SOME 16 POINT IN TIME WHEN SOME OF THE STUDY HAD BEEN DONE. 17 AND, IN FACT, AS YOU CAN SEE, IT'S LIKE 1971 OR SO. 18 Q. THIS EXHIBIT HAS SOME HANDWRITING ON IT. IS THAT 19 HANDWRITING YOURS? 20 A. (REVIEWS DOCUMENT). NO. 21 Q. CAN YOU TELL WHOSE HANDWRITING THAT IS? 22 A. NO. 23 Q. I'M NOW GOING TO SHOW YOU PLAINTIFF'S EXHIBIT 1508 24 WHICH IS AN OCTOBER 13, 1971, LETTER FROM P.G. 25 BENIGNUS TO DR. TOM DEACON OF WESTINGHOUSE ELECTRIC, 82 WATER PCB-SD0000055100 1 CORRECT? 2 A. THAT'S CORRECT. 3 Q. HAVE YOU SEEN THIS DOCUMENT ON ANY PRIOR OCCASION? 4 A. YES. 5 Q. THE BLIND COPY REFERENCE AT THE TOP RIGHT-HAND PORTION 6 OF THAT EXHIBIT HAS YOUR NAME THERE, SCOTT TUCKER. IT 7 ALSO HAS THE NUMBER 1760, CORRECT? 8 A. CORRECT. 9 Q. WHAT DOES THE 1760 REFER TO? 10 A. IT'S A MAIL CODE. 11 Q. DID YOU RECEIVE A COPY OF THIS LETTER? 12 A. IT SAYS I DID, I CAN'T ATTEST TO THAT FACT. I'M SURE 13 I DID. 14 Q. AND DOES THIS APPEAR TO BE A TRUE AND ACCURATE COPY OF 15 THE LETTER THAT YOU RECEIVED FROM MR. BENIGNUS TO DR. 16 DEACON? 17 A. YES. 18 Q. CAN YOU TELL IF THIS IS A DOCUMENT WRITTEN ON MONSANTO 19 LETTERHEAD? 20 A. NO, NOT FROM THE COPY I HAVE. 21 Q. DID MONSANTO EVER HAVE A LETTERHEAD THAT HAD A LITTLE 22 CIRCLE AT THE TOP OR AS PART OF IT? 23 A. NO, IT LOOKS LIKE HOLE PUNCHES. 24 Q. DID YOU KEEP A COPY OF THIS LETTER AS PART OF YOUR 25 RECORD KEEPING SYSTEM IN MONSANTO? 83 WATER PCB-SD0000055101 1 A. I PROBABLY DID, YEAH. 2 Q. AND YOU KEPT THAT AS PART OF THE REGULARLY CONDUCTED 3 BUSINESS YOU DID AS A MONSANTO EMPLOYEE? 4 A. YES. 5 Q. I'M NOW GOING TO SHOW YOU PLAINTIFF'S EXHIBIT 1542. 6 YOU HAVE REVIEWED THAT DOCUMENT DURING THE LUNCH HOUR, 7 HAVE YOU NOT? 8 A. YES. 9 Q. IS THIS A DOCUMENT YOU SAW PRIOR TO TODAY'S 10 DEPOSITION? 11 A. YES. 12 Q. AND IT SHOWS THAT YOU RECEIVED A COPY OF THIS EXHIBIT, 13 CORRECT, UP IN THE RIGHT-HAND CORNER? 14 A. IT SHOWS THAT BOB KELLER AND MYSELF RECEIVED A COPY OF 15 IT. 16 Q. AND THIS IS A LETTER FROM J.R. DURLAND TO W.B. 17 PAPAGEORGE? 18 A. CORRECT. 19 Q. DID MONSANTO HAVE A MITSHUBISHI CHEMICAL COMPANY? 20 A. YES. 21 Q. THAT WAS LOCATED IN TOKYO, JAPAN? 22 A. I BELIEVE SO. IT WAS IN JAPAN, THAT WAS FOR SURE. IT 23 MIGHT HAVE BEEN MULTIPLE PLACES. 24 Q. DOES THIS APPEAR TO BE A TRUE AND ACCURATE COPY OF THE 25 LETTER THAT YOU RECEIVED FROM MR. DURLAND TO MR. 84 WATER PCB-SD0000055102 1 PAPAGEORGE? 2 A. (REVIEWS DOCUMENT). YES. 3 Q. DID YOU KEEP A COPY OF THIS EXHIBIT AS PART OF THE 4 REGULARLY CONDUCTED BUSINESS YOU UNDERTOOK AT 5 MONSANTO? 6 A. IF INDEED I RECEIVED IT, WHICH IT INDICATES THAT I DID 7 IN CONJUNCTION WITH KELLER, I WOULD HAVE KEPT 8 CORRESPONDENCE LIKE THAT IN MY FILES. 9 Q. DID YOU DO ANY WORK WITH MR. PAPAGEORGE WHILE YOU WERE 10 EMPLOYED AT MONSANTO? 11 A. YES. 12 Q. WHAT KIND OF WORK DID YOU DO WITH HIM OTHER THAN WHAT 13 YOU DESCRIBED EARLIER? WELL, LET ME REPHRASE THE 14 QUESTION. YOU INDICATED THIS MORNING THAT YOU WORKED 15 ON BIODEGRADATION STUDIES OF PCBs, CORRECT? 16 A. CORRECT. 17 Q. YOU ALSO INDICATED THIS MORNING THAT YOU WORKED ON THE 18 DEVELOPMENT OF ANALYTICAL METHODOLOGIES RELATING TO 19 PCBs, CORRECT? 20 A. CORRECT. 21 Q. DID YOU DO ANY WORK WITH MR. PAPAGEORGE RELATING TO 22 PCBs OTHER THAN THE WORK YOU WERE DOING RELATIVE TO 23 BIODEGRADATION AND THE DEVELOPMENT OF ANALYTICAL 24 METHODOLOGIES? 25 A. YES. 85 WATER PCB-SD0000055103 1 Q. WHAT OTHER WORK DID YOU DO WITH MR. PAPAGEORGE? 2 A. BILL PAPAGEORGE WAS PART OF A NUMBER OF TEAMS THAT 3 WERE ACTIVELY TRYING TO UNDERSTAND WHAT WAS GOING ON, 4 AND MAKING SURE WHATEVER INFORMATION WE GOT WAS GIVEN 5 OVER TO OUR CUSTOMERS AS SOON AS WE GOT IT. AND I 6 PARTICIPATED WITH BILL AS A ANALYTICAL EXPERT IN THE 7 AREAS OF ANALYTICAL CHEMISTRY AND BIODEGRADATION AND 8 OFTEN WENT ALONG WITH HIM TO REGULATORY AGENCIES, TO 9 CUSTOMERS, AND TO OTHER FOLKS TO PRESENT THAT 10 INFORMATION. 11 Q. WHICH CUSTOMERS DID YOU GO VISIT WITH MR. PAPAGEORGE 12 TO RELATE'THAT INFORMATION? 13 A. ALMOST ALL OF OUR SIGNIFICANT CUSTOMERS, GENERAL 14 ELECTRIC, WESTINGHOUSE, FOR CERTAIN. 15 Q. DID YOU GO TO ANY TRADE ASSOCIATIONS COMPRISED IN 16 WHOLE OR IN PART OF ELECTRICAL UTILITY COMPANIES WITH 17 MR. PAPAGEORGE TO RELATE WHAT INFORMATION YOU HAD 18 REGARDING THE TOXICITY OF PCBs? 19 A. I WAS NOT A TOXICOLOGIST. IF I WENT WITH BILL TO 20 THESE KINDS OF MEETINGS I WOULD HAVE BEEN TALKING IN 21 MY AREA OF EXPERTISE WHICH WAS ANALYTICAL CHEMISTRIES 22 OF PCBs AND THE BIODEGRADATION STUDIES IN TISSUE 23 RESIDUES, AND I PROBABLY MAY HAVE, EITHER HE OR PAUL 24 BENIGNUS. 25 Q. DO YOU RECALL WHICH TRADE ASSOCIATIONS COMPRISED IN 86 WATER PCB-SD0000055104 1 WHOLE OR IN PART OF ELECTRICAL UTILITY COMPANIES YOU 2 MADE THESE PRESENTATIONS TO WITH MR. PAPAGEORGE? 3 A. NO, I DO NOT. 4 Q. HAVE YOU EVER SPOKEN WITH ANYONE FROM NEVADA POWER 5 COMPANY? 6 A. NO, SIR. 7 Q. HAVE YOU EVER SPOKEN WITH ANYONE WHO WAS THEN EMPLOYED 8 BY AN ELECTRICAL UTILITY COMPANY? 9 A. CAN YOU REPHRASE THAT QUESTION SO I CAN UNDERSTAND IT? 10 Q. WHILE A MONSANTO EMPLOYEE, DID YOU EVER HAVE A 11 CONVERSATION WITH ANY EMPLOYEE OF AN ELECTRICAL 12 UTILITY COMPANY REGARDING PCBs? 13 A. NOT TO THE BEST OF MY RECOLLECTION. 14 Q. DO YOU KNOW WHETHER IN 1971 BILL PAPAGEORGE WAS IN 15 COMMUNICATION WITH THE MONSANTO MITSHUBISHI CHEMICAL 16 COMPANY? 17 A. WELL, I HAVE A MEMO IN FRONT OF ME THAT WOULD INDICATE 18 THAT HE WAS CONTACTED BY SOMEBODY, AND IT WAS ONE OF 19 OUR COMPANIES, SO I DON'T KNOW SPECIFICALLY. BUT -20 Q. THIS EXHIBIT APPEARS TO BE WRITTEN AFTER MR. 21 PAPAGEORGE SHARED SOME INFORMATION WITH MITSHUBISHI 22 MONSANTO CHEMICAL COMPANY? 23 A. YES. 24 Q. I'M NOW GOING TO SHOW YOU EXHIBIT 1544. THAT IS ALSO 25 A DOCUMENT THAT YOU REVIEWED OVER THE LUNCH HOUR; IS 87 WATER PCB-SD0000055105 1 THAT CORRECT? 2 A. YES. 3 Q. AND THIS IS ENTITLED "MCS-1016, AN ENVIRONMENTALLY 4 COMPATIBLE AROCLOR"? 5 A. YES. 6 Q. AND IT HAS THE WORD CONFIDENTIAL AT THE TOP. 7 A. YES. 8 Q. AND IN THE TOP RIGHT-HAND CORNER IT REFERS TO SPECIAL 9 STUDY 71-2, JOB NUMBER 13480. 10 A. YES. 11 Q. HAVE YOU SEEN THIS DOCUMENT PRIOR TO TODAY'S 12 DEPOSITION? 13 A. YES. 14 Q. IS THIS A DOCUMENT THAT YOU AUTHORED? 15 A. YES. 16 Q. DOES THIS APPEAR TO BE A TRUE AND ACCURATE COPY OF THE 17 DOCUMENT YOU AUTHORED IN FEBRUARY OF 1971 ENTITLED, 18 "MCS-1016, AN ENVIRONMENTALLY COMPATIBLE AROCLOR"? 19 A. YES. 20 Q. AND WAS THE REPORT AN EFFORT TO BRING TOGETHER ALL OF 21 THE INFORMATION GENERATED BY MONSANTO, AND OTHERS, 22 THAT SUPPORTS THE CONTENTION THAT AN ENVIRONMENTALLY 23 COMPATIBLE AROCLOR CAN BE MANUFACTURED? I'M REFERRING 24 TO THE FIRST SENTENCE OF THE FIRST PARAGRAPH. 25 A. (REVIEWS DOCUMENT). YES. 88 WATER PCB-SD0000055106 1 Q. AND DID YOU WRITE THIS REPORT BASED UPON THE 2 INFORMATION THAT YOU HAD IN YOUR POSSESSION THAT WAS 3 GENERATED BY MONSANTO, AND OTHERS, THAT SUPPORTS THE 4 CONTENTION THAT AN ENVIRONMENTALLY COMPATIBLE AROCLOR 5 CAN BE MANUFACTURED? 6 A. YOU'RE GOING TO HAVE TO DO THAT ONE AGAIN. 7 Q. DID YOU WRITE THIS REPORT AFTER YOUR RECEIPT OF THE 8 INFORMATION THAT HAD BEEN GENERATED TO THAT POINT BY 9 MONSANTO, AND OTHERS, THAT SUPPORTED THE CONTENTION 10 THAT AN ENVIRONMENTALLY COMPATIBLE AROCLOR COULD BE 11 MANUFACTURED? 12 A. YES. 13 Q. IS THIS A DOCUMENT THAT YOU MAINTAINED IN YOUR FILES 14 IN MONSANTO AS PART OF YOUR REGULARLY CONDUCTED 15 BUSINESS ACTIVITIES? 16 A. YES. 17 MR. FEATHERSTONE: 18 OFF THE RECORD. 19 (OFF THE RECORD DISCUSSION). 20 Q. DR. TUCKER, I'M NOW GOING TO SHOW YOU PLAINTIFF'S 21 EXHIBIT 1514 WHICH IS ANOTHER OF THE EXHIBITS THAT I 22 ASKED YOU AND YOUR ATTORNEY TO REVIEW OVER THE LUNCH 23 HOUR; IS THAT CORRECT? 24 A. YES, SIR. 25 Q. IS THIS A JANUARY 29, 1970, MEMORANDUM WRITTEN BY YOU, 89 WATER PCB-SD0000055107 1 BY J. L-I-T-S-C-H-G-I, AND B.J. WESTENBERGER? 2 A. YES. 3 Q. AND IT'S TO R.E. KELLER IN RESEARCH? 4 A. YES. 5 Q. AND THE SUBJECT MATTER IS AROCLOR WILDLIFE MONTHLY 6 SUMMARY? 7 A. YES. 8 Q. IS THIS A TRUE AND ACCURATE COPY OF THE REPORT THAT 9 YOU GENERATED WITH THOSE TWO OTHER INDIVIDUALS ON 10 JANUARY 29, 1970? 11 A. YES. 12 Q. THE INITIAL SENTENCE INDICATES, "THE INITIAL 13 BIOLOGICALLY POPULATED RIVER WATER DEGRADATION STUDY 14 ON AROCLORS 1221, 1242, 1248, AND 1254 HAS BEEN 15 COMPLETED." IS THAT CORRECT? 16 A. YES. 17 Q. DOES THIS MEMORANDUM DISCUSS THE COMPLETION OF THOSE 18 STUDIES? 19 A. (REVIEWS DOCUMENTS). IT DISCUSSES THE INITIAL 20 COMPLETION OF THE INITIAL PHASE. 21 Q. AND WAS THIS MEMORANDUM WRITTEN SHORTLY AFTER THE 22 INITIAL PHASE WAS COMPLETED? 23 A. YES. 24 Q. AND IS THIS A DOCUMENT THAT YOU MAINTAINED IN YOUR 25 FILES WITHIN MONSANTO AS PART OF ITS REGULARLY 90 WATER PCB-SD0000055108 1 CONDUCTED BUSINESS ACTIVITIES? 2 A. YES. 3 Q. I'M NOW GOING TO SHOW YOU PLAINTIFF'S EXHIBIT 1605. 4 IS THAT ALSO A DOCUMENT THAT I ASKED YOU TO REVIEW 5 DURING THE LUNCH HOUR WITH YOUR ATTORNEY? 6 A. YES, IT IS. 7 Q. THIS IS ENTITLED, "BIODEGRADATION STUDIES FIRST 8 QUARTER 1970." IS THAT CORRECT? 9 A. YES. 10 Q. AND ON THE SECOND PAGE, IT INDICATES THAT THIS 11 DOCUMENT WAS WRITTEN JOINTLY BY YOU AND R.E. KELLER IN 12 APRIL OF 1970; IS THAT CORRECT? 13 A. CORRECT. 14 Q. WHAT IS THIS DOCUMENT? 15 A. IT'S A ROUGH DRAFT SUMMARY REPORT OF PROGRESS ON 16 BIODEGRADATION. 17 Q. AND WAS IT WRITTEN SHORTLY AFTER COMPLETION OF 18 BIODEGRADATION STUDIES? 19 A. IT WAS WRITTEN SHORTLY AFTER THE COMPLETION OF THIS 20 ASPECT OF BIODEGRADATION STUDIES INVOLVING NATURAL 21 WATERS, YES. 22 Q. AND DOES THIS APPEAR TO BE A TRUE AND ACCURATE COPY OF 23 THE REPORT GENERATED BY YOU AND R.E. KELLER IN APRIL 24 OF 1970? 25 A. IT APPEARS TO BE A ROUGH DRAFT PRELIMINARY REPORT THAT 91 WATER PCB-SD0000055109 1 MAY THAT'S ACCURATE, BUT NOT NECESSARILY A FINAL 2 REPORT. 3 Q. AND IS THIS A DOCUMENT THAT YOU MAINTAINED IN YOUR 4 FILES WITHIN MONSANTO AS PART OF ITS REGULARLY 5 CONDUCTED BUSINESS? 6 A. YES. 7 Q. I'M NOW GOING TO SHOW YOU PLAINTIFF'S EXHIBIT 701. IS 8 THIS A DOCUMENT THAT YOU REVIEWED WITH YOUR ATTORNEY 9 DURING THE LUNCH HOUR? 10 A. YES. 11 Q. IS THIS EXHIBIT ENTITLED, "A STUDY OF AROCLOR CHEMICAL 12 CLEAN-UP PROCEDURES FOR USE WITH ELECTRON CAPTURED GAS 13 CHROMATOGRAPHY METHODS"? 14 A. YES. 15 Q. JOB NUMBER 1630346? 16 A. YES. 17 Q. WAS IT WRITTEN BY YOU AND W.J. LITSCHGI, 18 L-I-T-S-C-H-G-I, AND R.E. KELLER IN MARCH OF 1970? 19 A. YES. 20 Q. AND IS THIS A TRUE AND ACCURATE COPY OF THE REPORT 21 AUTHORED BY YOU AND THOSE OTHER TWO GENTLEMEN IN MARCH 22 OF 1970? 23 A. YES. 24 Q. AND WAS THIS EXHIBIT WRITTEN FOLLOWING COMPLETION OF 25 THREE CHEMICAL CLEAN-UP PROCEDURES ON THE AROCLOR 1200 92 WATER PCB-SD0000055110 1 SERIES? 2 A. YES. IT WAS WRITTEN AFTER THE EVALUATION OF THE THREE 3 CHEMICAL CLEAN-UP PROCEDURES. 4 Q. AND DID YOU CONDUCT THE CHEMICAL CLEAN-UP PROCEDURES, 5 IS THAT A STUDY THAT YOU UNDERTOOK? 6 A. MYSELF AND THE INDIVIDUALS IN QUESTION, YES. 7 Q. AND IS THIS A DOCUMENT THAT YOU MAINTAINED IN YOUR 8 FILES WITHIN MONSANTO AS PART OF ITS REGULARLY 9 CONDUCTED BUSINESS ACTIVITIES? 10 A. YES. . 11 MR. BRADLEY: 12 OFF THE RECORD. 13 (OFF THE RECORD DISCUSSION). 14 EXAMINATION CONTINUES BY MR. BRADLEY: 15 Q. I'M NOW SHOWING YOU PLAINTIFF'S EXHIBIT 696. IS THAT 16 A DOCUMENT THAT YOU'VE REVIEWED DURING THE LUNCH HOUR 17 WITH YOUR ATTORNEY? 18 A. YES, IT IS. 19 Q. IS THIS A DOCUMENT THAT WAS AUTHORED IN MARCH OF 1973 20 BY YOU, BY W.M. MEES, M-E-E-S, BY W.J. 21 L-I-T-S-C-H-G-I, AND JAY COWELL? 22 A. YES. 23 Q. AND IS THIS A DOCUMENT THAT'S REFERRED TO BY JOB 24 NUMBER 1348006? 25 A. YES. 93 WATER PCB-SD0000055111 1 Q. AND IT'S A DETERMINATION OF POLYCHLORINATED BIPHENYL 2 RESIDUES IN WHITE LEGHORN CHICKENS FROM A TOXICITY 3 REPRODUCTION AND RESIDUE STUDY WITH AROCLOR 1242, 4 AROCLOR 1254, AND AROCLOR 1260? 5 A. YES. 6 Q. DID THE EXHIBIT COVER THE RESULTS OF THE ANALYSIS OF 7 BIOLOGICAL SAMPLES FROM AN INDUSTRIAL BIO-TEST STUDY 8 ON THE SAME SUBJECT? 9 A. YES. 10 Q. AND WAS THE REPORT GENERATED SHORTLY AFTER YOU AND 11 THESE THREE OTHER GENTLEMEN UNDERTOOK YOUR ANALYSIS OF 12 THOSE BIOLOGICAL SAMPLES FROM IBT STUDY J7300? 13 A. YES. 14 Q. AND IS THIS A TRUE AND ACCURATE COPY OF THE REPORT 15 GENERATED BY YOU AND THOSE THREE OTHER GENTLEMEN? 16 A. YES. 17 Q. IS THIS A DOCUMENT THAT YOU MAINTAINED IN YOUR FILES 18 AT MONSANTO AS PART OF ITS REGULARLY CONDUCTED 19 BUSINESS ACTIVITY? 20 A. YES. 21 Q. I'M NOW SHOWING YOU A COPY OF PLAINTIFF'S EXHIBIT 22 1536. IS THAT A DOCUMENT THAT YOU AND YOUR ATTORNEY 23 REVIEWED DURING THE LUNCH HOUR? 24 A. YES, IT IS. 25 Q. IS THIS A DOCUMENT THAT YOU'VE SEEN BEFORE TODAY'S 94 WATER PCB-SD0000055112 1 DEPOSITION? 2 A. YES, IT IS. 3 MR. FEATHERSTONE: 4 OKAY, BEFORE WE GO ANY FURTHER, MR. BRADLEY, SO 5 THERE'S NO MISUNDERSTANDING, WILL YOU AGREE THAT YOU 6 PROVIDED TO ME AND TO THE WITNESS A GROUP OF DOCUMENTS 7 THAT YOU ASKED US TO REVIEW DURING THE LUNCH HOUR FOR 8 PURPOSES OF SPEEDING UP THE EXAMINATION? 9 MR. BRADLEY: 10 YES. 11 MR. FEATHERSTONE: 12 YES. AND WHEN YOU HAVE REFERRED TO IN YOUR 13 EXAMINATION THAT THIS IS A DOCUMENT THE WITNESS 14 REVIEWED WITH ME DURING THE LUNCH HOUR, IT'S ONE OF 15 THE GROUP OF DOCUMENTS YOU GAVE TO US. 16 MR. BRADLEY: 17 YES. AND IT CAME ABOUT IN OUR ATTEMPT TO SPEED UP THE 18 DEPOSITION. 19 MR. FEATHERSTONE: 20 CORRECT. 21 EXAMINATION CONTINUES BY MR. BRADLEY: 22 Q. IS THIS A MEMO WRITTEN BY ELMER WHEELER TO W.R. 23 RICHARD? 24 A. YES, SIR. 25 Q. AND IT HAS THE DATE OF OCTOBER 21, 1968? 95 WATER PCB-SD0000055113 1 A. YES. 2 Q. AND IT INDICATES THAT ATTACHED TO THE LETTER IS A 3 TECHNICAL PAPER WHICH YOU AND DR. WHEELER HAD PICKED 4 UP IN WASHINGTON; IS THAT CORRECT? 5 A. YES. 6 Q. DO YOU RECALL PICKING UP A TECHNICAL PAPER IN 7 WASHINGTON WITH DR. WHEELER? 8 A. NOT SPECIFICALLY. 9 Q. AND IS PLAINTIFF'S EXHIBIT 1536 A TRUE AND ACCURATE 10 COPY OF THE LETTER FROM DR. WHEELER TO W.R. RICHARD, 11 AND A TRUE AND ACCURATE COPY OF THE TECHNICAL PAPER 12 ATTACHED TO THE LETTER? 13 A. THEY APPEAR TO BE COMPLETE. 14 Q. AND IS THIS A DOCUMENT THAT YOU MAINTAINED IN YOUR 15 FILES AT MONSANTO AS PART OF ITS REGULARLY CONDUCTED 16 BUSINESS? 17 A. YES. 18 Q. DO YOU RECALL GOING TO WASHINGTON WITH DR. WHEELER TO 19 HEAR A PRESENTATION BY A GENTLEMEN WHOSE LAST NAME IS 20 RICEBROUGH TO -- WELL, EXCUSE ME. LET ME STOP THE 21 QUESTION. 22 MR. FEATHERSTONE: 23 OFF THE RECORD. 24 (OFF THE RECORD DISCUSSION). 25 EXAMINATION CONTINUES BY MR. BRADLEY: 96 WATER PCB-SD0000055114 1 Q. LET ME TRY THAT QUESTION AGAIN. DO YOU RECALL 2 OBTAINING WITH DR. WHEELER IN WASHINGTON D.C. FROM THE 3 NATIONAL AGRICULTURAL CHEMICALS ASSOCIATION A COPY OF 4 A PAPER PREPARED BY A RESEARCHER WHOSE LAST NAME IS 5 RICEBROUGH? 6 A. I DO NOT SPECIFICALLY RECALL IT. 7 Q. DR. TUCKER, I'M NOW SHOWING YOU PLAINTIFF'S EXHIBIT 8 693. DID YOU REVIEW THIS DOCUMENT OVER THE LUNCH 9 HOUR? 10 A. YES. 11 Q. IS THIS A DOCUMENT AUTHORED BY YOU, W.M. MEES, 12 M-E-E-S, W.J. L-I-T-S-C-H-G-I, AND JAKE COWELL IN 13 DECEMBER OF '72? 14 A. YES. 15 Q. BY THE WAY, HOW DO YOU PRONOUNCE THE GENTLEMAN WHOSE 16 LAST NAME IS L-I-T-S-C-H-G-I? 17 A. I NEVER THOUGHT YOU'D ASK. LITSCHGI. 18 Q. AND THIS EXHIBIT IS ENTITLED, "DETERMINATION OF 19 POLYCHLORINATED BIPHENYL RESIDUES IN BEAGLE DOG 20 TISSUES FROM A TWO-YEAR ORAL CHRONIC TOXICITY STUDY." 21 CORRECT? 22 A. YES. 23 Q. WAS THAT A STUDY THAT YOU PARTICIPATED IN? 24 A. YES. 25 Q. AND DOES THIS EXHIBIT REPORT THE RESULTS OF THAT 97 WATER PCB-SD0000055115 1 STUDY? 2 A. YES. 3 Q. DOES IT APPEAR THAT THIS EXHIBIT IS A TRUE AND 4 ACCURATE COPY OF THE REPORT THAT WAS GENERATED BY YOU 5 AND THOSE THREE OTHER GENTLEMEN IN DECEMBER OF '72? 6 A. YES. 7 Q. AND WAS THIS EXHIBIT WRITTEN SHORTLY AFTER COMPLETION 8 OF THE TWO-YEAR ORAL CHRONIC TOXICITY STUDY REGARDING 9 BEAGLE DOG TISSUES? 10 A. YES. 11 Q. AND IS THIS A DOCUMENT THAT YOU MAINTAINED IN YOUR 12 FILES WITHIN MONSANTO AS PART OF ITS REGULARLY 13 CONDUCTED BUSINESS ACTIVITIES? 14 A. YES. 15 Q. I'M NOW SHOWING YOU PLAINTIFF'S EXHIBIT 689. IS THAT 16 A DOCUMENT THAT YOU REVIEWED DURING THE LUNCH HOUR 17 TODAY? 18 A. YES, IT IS. 19 Q. IS THIS A DOCUMENT THAT YOU AUTHORED IN DECEMBER OF 20 1971 WITH B.W. SAEGER AS INDICATED ON PAGE SIX? 21 A. WHICH PAGE SIX? 22 Q. AT THE TOP, THE THIRD LINE THAT SAYS PAGE SIX. YOU 23 HAVEN'T GOTTEN TO IT YET. 24 A. OH, I SEE. PAGE SIX? 25 MR. FEATHERSTONE: 98 WATER PCB-SD0000055116 1 THIS SAYS PAGE FOUR. 2 WITNESS CONTINUES: 3 A. OH, PAGE FOUR. I'M DYSLEXIC. 4 Q. ARE YOU THERE? 5 A. YES. 6 Q. AND THE TITLE OF THIS IS "BIODEGRADATION TESTING OF 7 POLYCHLORINATED BIPHENYLS"? 8 A. YES. 9 Q. IS THIS A TRUE AND ACCURATE COPY OF THE REPORT 10 GENERATED BY YOU AND B.W. SAEGER IN DECEMBER OF 1971? 11 A. YES. 12 Q. AND WAS THIS EXHIBIT WRITTEN SHORTLY AFTER YOU AND 13 B.W. SAEGER OBTAINED DATA REGARDING THE 14 BIODEGRADABILITY OF VARIOUS PCB PRODUCTS? 15 A. YES. 16 Q. AND IS THIS A DOCUMENT THAT YOU MAINTAINED IN YOUR 17 FILES AT MONSANTO AS PART OF ITS REGULARLY CONDUCTED 18 BUSINESS ACTIVITIES? 19 A. YES. 20 Q. I'M NOW SHOWING YOU PLAINTIFF'S EXHIBIT 688. IS THAT 21 A DOCUMENT YOU REVIEWED DURING THE LUNCH HOUR TODAY? 22 A. YES. 23 Q. IS THIS DOCUMENT ENTITLED "DETERMINATION OF 24 POLYCHLORINATED BIPHENYL RESIDUES IN RATS FROM 30-DAY 25 AROCLOR FEEDING STUDIES"? 99 WATER PCB-SD0000055117 1 A. YES. 2 Q. AND IS THIS A DOCUMENT AUTHORED BY YOU, W.J. LITSCHGI, 3 AND B.J. WESTENBERGER IN SEPTEMBER OF 1970? 4 A. YES. 5 Q. AND AT SOME POINT DID YOU AND THOSE TWO GENTLEMEN 6 ANALYZE TISSUES FOR RESIDUAL PCBs THAT WERE INITIALLY 7 ANALYZED BY INDUSTRIAL BIO-TEST LABORATORIES REGARDING 8 A 3 0 -DAY TISSUE COLLECTION STUDY IN ALBINO RATS WITH 9 AROCLOR 1242, AROCLOR 1254, AND AROCLOR 1260? 10 MR. FEATHERSTONE: 11 MAY I HEAR THE QUESTION, PLEASE? 12 (OFF THE RECORD DISCUSSION). 13 (REQUESTED QUESTION READ BY THE COURT REPORTER). 14 MR. FEATHERSTONE; 15 IS THAT WHAT YOU ORIGINALLY MEANT TO ASK, BY 16 INDUSTRIAL BIO-TEST? 17 MR. BRADLEY; 18 NO. LET ME REPHRASE THE QUESTION. 19 EXAMINATION CONTINUES BY MR. BRADLEY: 20 Q. PRIOR TO SEPTEMBER OF 1970, DID MONSANTO REQUEST THAT 21 INDUSTRIAL BIO-TEST LABORATORY CARRY OUT A 30-DAY 22 TISSUE COLLECTION STUDY IN ALBINO RATS WITH AROCLOR 23 1242, AROCLOR 1254, AND AROCLOR 1260? 24 A. YES. 25 Q. AND DOES PLAINTIFF'S EXHIBIT 688 DEAL WITH THE 100 WATER PCB-SD0000055118 1 SUBSEQUENT ANALYSIS OF THOSE TISSUES FOR RESIDUAL 2 PCBs? 3 A. YES. 4 Q. AND WAS THE EXHIBIT WRITTEN SHORTLY AFTER YOU AND 5 THOSE TWO GENTLEMEN HAD COMPLETED YOUR SUBSEQUENT 6 ANALYSIS OF THOSE TISSUES FOR RESIDUAL PCBs? 7 A. YES. 8 MR. BRADLEY: 9 CAN WE GO OFF THE RECORD? 10 (OFF THE RECORD DISCUSSION) 11 EXAMINATION CONTINUES BY MR. BRADLEY: 12 Q. IS THIS A TRUE AND ACCURATE COPY OF THE REPORT 13 GENERATED BY YOU AND THOSE TWO GENTLEMEN IN SEPTEMBER 14 OF '70? 15 A. YES. 16 Q. DID YOU MAINTAIN A COPY OF THIS EXHIBIT IN YOUR FILES 17 AT MONSANTO AS PART OF ITS REGULARLY CONDUCTED 18 BUSINESS ACTIVITY? 19 A. YES. 20 Q. I NOW ONLY HAVE ONE OF THESE. I'M NOW SHOWING YOU 21 PLAINTIFF'S EXHIBIT 1515. DID YOU REVIEW THAT 22 DOCUMENT DURING THE LUNCH HOUR TODAY? 23 A. YES, I DID. 24 Q. IS THIS A DOCUMENT THAT YOU HAVE SEEN PRIOR TO TODAY'S 25 DEPOSITION? 101 WATER PCB-SD0000055119 1 A. I DO NOT RECALL SPECIFICALLY. 2 Q. I TAKE IT THEN YOU WOULDN'T KNOW IF THIS IS A TRUE AND 3 ACCURATE COPY OF A LETTER WRITTEN BY JIM BRYANT TO MR. 4 LOU SHOAFF ON APRIL 24, 1970? 5 A. COULD BE, BUT I CAN'T TESTIFY IF I CAN'T RECALL IT. 6 AND I DON'T, SO -7 Q. I'M NOW SHOWING YOU PLAINTIFF'S EXHIBIT 1565. IS THAT 8 A DOCUMENT THAT YOU REVIEWED DURING THE LUNCH HOUR 9 TODAY? 10 A. YES, IT IS. 11 Q. IS THIS A DOCUMENT YOU HAD SEEN PRIOR TO TODAY'S 12 DEPOSITION? 13 A. YES, IT IS. 14 Q. IS THIS A MEMO FROM W.R. RICHARD TO JOHN MASON WITH A 15 CC TO YOU, AMONG OTHERS? 16 A. YES, IT IS. 17 Q. AND IT'S DATED SEPTEMBER 7, 1971? 18 A. YES, IT IS. 19 Q. IS THIS A TRUE AND ACCURATE COPY OF THE MEMO WRITTEN 20 BY W.R. RICHARD TO JOHN MASON ON SEPTEMBER 7, 1971? 21 A. YES. 22 Q. WERE THERE DISCUSSIONS WITHIN MONSANTO REGARDING PCBs 23 AND WHAT SHOULD BE DISCUSSED WITH THE FOOD AND DRUG 24 ADMINISTRATION REGARDING PCBs ON OR ABOUT SEPTEMBER OF 25 1971? 102 WATER PCB-SD0000055120 1 A. I DON'T RECALL. 2 Q. IN SEPTEMBER OF 1971, DID MONSANTO HAVE KNOWLEDGE 3 REGARDING THE BIODEGRADABILITY OF CHLORINATED 4 BIPHENYLS? 5 A. YES. 6 Q. AND DID THEY HAVE INFORMATION CORRELATING PCBs WITH 7 TOXICITY IN RATS? 8 A. I DON'T RECALL. THAT WASN'T MY AREA OF EXPERTISE OR 9 CONCERN. 10 Q. DOES THIS DOCUMENT APPEAR TO BE WRITTEN ABOUT THE TIME 11 THAT MONSANTO GAINED INFORMATION REGARDING 12 BIODEGRADABILITY OF CHLORINATED BIPHENYLS? 13 A. (REVIEWS DOCUMENT). YES. 14 Q. IS THIS A DOCUMENT THAT YOU MAINTAINED IN YOUR FILES 15 WITHIN MONSANTO AS PART OF ITS REGULARLY CONDUCTED 16 BUSINESS? 17 A. YES. 18 Q. I NOW SHOW YOU PLAINTIFF'S EXHIBIT 1439. IS THAT A 19 DOCUMENT YOU REVIEWED DURING THE LUNCH HOUR TODAY? 20 A. YES, IT IS. 21 Q. IS THIS A MEMO WRITTEN BY W.R. RICHARD TO YOU AND R.H. 22 MUNCH? 23 A. YES, IT IS. 24 Q. AND IT'S A MEMO DATED JANUARY 11, 1971, AND IT'S 25 REGARDING AROCLOR MCS-1016? 103 WATER PCB-SD0000055121 1 A. YES, IT IS. 2 Q. WAS THIS EXHIBIT WRITTEN ON OR ABOUT THE TIME THAT 3 MONSANTO RECEIVED SOME INFORMATION CONCERNING THE 4 BIODEGRADABILITY OF MCS-1016? 5 A. YES. 6 Q. AND IS THIS A DOCUMENT THAT YOU MAINTAINED IN YOUR 7 FILES AS PART OF MONSANTO'S REGULARLY CONDUCTED 8 BUSINESS? 9 A. YES. 10 Q. FORGIVE ME IF I'VE ASKED IT BEFORE, DOES THIS APPEAR 11 TO BE A TRUE AND ACCURATE COPY? 12 A. YES, IT DOES. 13 Q. I'M NOW SHOWING YOU PLAINTIFF'S EXHIBIT 1546. IS THIS 14 A DOCUMENT THAT YOU REVIEWED DURING THE LUNCH HOUR 15 TODAY? 16 A. YES, IT IS. 17 Q. AND IT'S ENTITLED "ASSESSMENT OF THE PERSISTENCE OF 18 POLYCHLORINATED BIPHENYLS IN BIOLOGICAL SYSTEMS"? 19 A. YES, IT IS. 20 Q. IS THIS A REPORT THAT YOU AUTHORED? 21 A. (REVIEWS DOCUMENT). YES, IT IS. 22 Q. AND IS THIS A TRUE AND ACCURATE COPY OF THE REPORT YOU 23 PREPARED ENTITLED "ASSESSMENT OF THE PERSISTENCE OF 24 POLYCHLORINATED BIPHENYLS IN BIOLOGICAL SYSTEMS"? 25 A. IT'S A TRUE AND ACCURATE COPY OF OVERHEADS WHICH IS A 104 WATER PCB-SD0000055122 1 REPORT OR PRESENTATION, OR WHATEVER. 2 Q. AND ON THE SECOND PAGE THERE IS SOME HANDWRITING. IS 3 THAT YOURS? 4 A. (REVIEWS DOCUMENT). NO, IT'S NOT. 5 Q. AND WHAT WAS THE PURPOSE IN DEVELOPING THIS EXHIBIT? 6 A. TO PROVIDE AN ASSESSMENT BASED ON INFORMATION 7 GENERATED TO DATE ON THE PERSISTENCE OF 8 POLYCHLORINATED BIPHENYLS IN BIOLOGICAL SYSTEMS. 9 Q. AND I THINK YOU INDICATED IT WAS PART OF A SLIDE 10 PRESENTATION? 11 A. YES, THESE ARE OVERHEADS. 12 Q. AND DO YOU RECALL TO WHOM YOU PRESENTED THIS 13 INFORMATION AS OVERHEADS? 14 A. NOT SPECIFICALLY. 15 Q. DO YOU RECALL WHEN YOU PREPARED THIS MATERIAL? 16 A. NO, SIR, I DO NOT, NOT SPECIFICALLY. 17 Q. EARLY '70S? 18 A. AS I STATED, I DON'T RECALL SPECIFICALLY. IT COULD 19 HAVE BEEN. 20 Q. I KNOW YOU DON'T RECALL SPECIFICALLY, BUT I'M 21 INTERESTED IF YOU RECALL GENERALLY. DO YOU KNOW 22 GENERALLY WHETHER IT'S LIKELY TO HAVE BEEN PREPARED 23 BETWEEN 1970 AND 1975? CAN YOU ANSWER THAT? 24 A. I CAN ANSWER THAT IT PROBABLY WAS PREPARED IN THAT 25 REGION, YES. 105 WATER PCB-SD0000055123 1 Q. AND IS THIS A DOCUMENT THAT YOU MAINTAINED IN YOUR 2 FILES AT MONSANTO AS PART OF ITS REGULARLY CONDUCTED 3 BUSINESS ACTIVITIES? 4 MR. FEATHERSTONE: 5 ALL RIGHT. NOW, WITH OR WITHOUT THE HANDWRITING SINCE 6 HE DOESN'T RECOGNIZE THIS? I MEAN, JUST SO IT'S MORE 7 CLEAR, MR. BRADLEY, I HAVE, AND THE WITNESS HAS NO 8 DOUBT THAT HE PREPARED THE OVERHEADS AND THAT THEY'RE 9 HIS, BUT SOMEBODY OBVIOUSLY DOODLED ON MAYBE A COPY OF 10 THESE THINGS. 11 EXAMINATION CONTINUES BY MR. BRADLEY: 12 Q. ABSENT THE HANDWRITING ON PAGE TWO, IS THAT A DOCUMENT 13 THAT YOU MAINTAINED IN YOUR FILE SYSTEM AT MONSANTO AS 14 PART OF ITS REGULARLY CONDUCTED BUSINESS ACTIVITY? 15 A. YES. PROVIDED IT'S ALSO ABSENT THE HANDWRITING ON THE 16 OTHER PAGES THAT WERE ON HERE. THESE ARE OVERHEADS. 17 I WOULDN'T HAVE HANDWRITING ON THEM. 18 Q. ALL RIGHT, WITH THAT UNDERSTANDING. I'M NOW SHOWING 19 YOU PLAINTIFF'S EXHIBIT 682. IS THIS A DOCUMENT THAT 20 YOU REVIEWED DURING TODAY'S LUNCH HOUR? 21 A. YES, IT IS. 22 Q. I NOTICE THAT YOU HAVE REMOVED SOME OF THE PAGES; IS 23 THAT CORRECT? 24 A. I HAVE SEPARATED ONE SECTION FROM ANOTHER. 25 Q. AND LET'S MARK THE SECOND SECTION 682A. 106 WATER PCB-SD0000055124 4 1 (COURT REPORTER MARKS PLAINTIFF'S EXHIBIT 682A, TABLE 2 LISTING PRIMARY AND ULTIMATE BIODEGRADABILITY RESULTS OF 3 DIELECTRIC FLUIDS AND COMPONENTS, HERETO ATTACHED). 4 EXAMINATION CONTINUES BY MR. BRADLEY: 5 Q. IS PLAINTIFF'S EXHIBIT 682 AN ARTICLE YOU PREPARED 6 ENTITLED "ACTIVATED SLUDGE PRIMARY BIODEGRADATION OF 7 POLYCHLORINATED BIPHENYLS"? 8 A. YES, IT IS. 9 Q. IS THIS EXHIBIT A TRUE AND ACCURATE COPY OF THE 10 PUBLICATION THAT YOU GENERATED WITH THAT TITLE? 11 A. YES, IT IS. 12 Q. AND WAS IT WRITTEN IN MARCH OF 1975? 13 A. IT WAS PUBLISHED IN MARCH OF 1975. IT HAD BEEN 14 THROUGH PEER GROUP REVIEW AND THINGS OF THAT SORT. 15 IT'S THE DATE OF PUBLICATION. 16 Q. AND WAS IT WRITTEN SHORTLY AFTER YOU, AND THE OTHER 17 AUTHORS, GATHERED THE INFORMATION THAT'S CONTAINED IN 18 THIS PUBLICATION? 19 A. YES. 20 Q. AND IS THIS A DOCUMENT THAT YOU MAINTAINED IN YOUR 21 FILES AT MONSANTO AS PART OF ITS REGULARLY CONDUCTED 22 BUSINESS ACTIVITY? 23 A. YES. 24 MR. BRADLEY: 25 CAN WE GO OFF THE RECORD. 107 WATER PCB-SD0000055125 1 (OFF THE RECORD DISCUSSION). 2 EXAMINATION CONTINUES BY MR. BRADLEY: 3 Q. I'M NOW GOING TO SHOW YOU PLAINTIFF'S EXHIBIT 682A. 4 AND IS THAT A DOCUMENT THAT YOU REVIEWED DURING THE 5 LUNCH HOUR TODAY? 6 A. YES, IT IS. 7 Q. WHAT IS THAT EXHIBIT? 8 A. THIS EXHIBIT IS A TABLE THAT LISTS PRIMARY AND 9 ULTIMATE BIODEGRADABILITY RESULTS OF DIELECTRIC FLUIDS 10 AND COMPONENTS. 11 Q. IS THIS A DOCUMENT YOU GENERATED? 12 A. YES. 13 Q. WHEN DID YOU PREPARE THIS DOCUMENT? 14 A. I DON'T RECALL SPECIFICALLY. 15 Q. DID YOU PREPARE IT AT OR ABOUT THE TIME YOU GOT THE 16 INFORMATION THAT'S CONTAINED IN THE EXHIBIT? LET ME 17 REPHRASE THE QUESTION. DID YOU PREPARE THIS EXHIBIT 18 SHORTLY AFTER YOU GATHERED THE INFORMATION THAT'S 19 CONTAINED IN THE EXHIBIT? 20 A. YES, IT'S THE RESULTS OF ONGOING STUDIES. 21 Q. AND IS THIS A TRUE AND ACCURATE COPY OF THE DOCUMENT 22 THAT YOU GENERATED WITH THAT TITLE? 23 A. IT APPEARS TO BE SO, YES. 24 Q. IS THIS A DOCUMENT THAT YOU MAINTAINED IN YOUR FILES 25 AT MONSANTO AS PART OF ITS REGULARLY CONDUCTED 108 WATER PCB-SD0000055126 1 BUSINESS ACTIVITY? 2 A. YES. 3 Q. I'M NOW SHOWING YOU PLAINTIFF'S EXHIBIT 694. IS THAT 4 A DOCUMENT THAT YOU REVIEWED DURING THE LUNCH HOUR 5 TODAY? 6 A. YES, IT IS. 7 Q. AND THAT'S ENTITLED "ANALYSIS OF BIOLOGICAL MATERIALS 8 FOR POLYCHLORINATED BIPHENYLS"? 9 A. YES, IT IS. 10 Q. AND THIS WAS A REPORT GENERATED BY YOU, W.M. MEES, 11 W.J. LITSCHGI, AND R.E. KELLER IN MARCH OF 1970? 12 A. YES, IT IS. 13 Q. WAS THE REPORT IDENTIFIED AS PLAINTIFF'S EXHIBIT 694, 14 INTENDED TO DESCRIBE A METHODOLOGY FOR THE 15 DETERMINATION OF THE AMOUNT AND TYPE OF 16 POLYCHLORINATED BIPHENYLS IN BIOLOGICAL MATERIALS? 17 A. YES, IT WAS. 18 Q. AND WAS THE REPORT WRITTEN SHORTLY AFTER YOU AND THE 19 OTHER AUTHORS DEVELOPED THE METHODOLOGY FOR THE 20 DETERMINATION OF THE AMOUNT AND TYPE OF 21 POLYCHLORINATED BIPHENYLS IN BIOLOGICAL MATERIALS? 22 A. YES, IT WAS. 23 Q. AND IS THIS A DOCUMENT THAT YOU MAINTAINED IN THE 24 ORDINARY COURSE OF YOUR WORK AT MONSANTO? 25 A. THE DOCUMENT APPEARS TO HAVE SOME PROBLEMS ASSOCIATED 109 WATER PCB-SD0000055127 1 WITH IT THAT I WOULD LIKE TO COMMENT ON. 2 Q. WELL, ACTUALLY I WANT YOU TO COMMENT ON IT, BUT LET ME 3 ASK THIS LIMITED SERIES OF QUESTIONS BEFORE I DO, IF 4 YOU DON'T MIND. 5 A. ALL RIGHT. 6 Q. ACTUALLY, I'LL DO IT IN YOUR ORDER. TELL ME WHAT 7 PROBLEMS YOU SEE WITH THIS DOCUMENT. 8 A. IT APPEARS TO BE ONE SIDE OF A TWO-SIDED COPY. I 9 MEAN, THERE'S ONE, THREE, FIVE, SEVEN, NINE, 11, AND 10 THEN THE LAST PAGE IS COMPLETELY BLANK. 11 Q. ALL RIGHT. 12 MR. FEATHERSTONE: 13 OFF THE RECORD. 14 (OFF THE RECORD DISCUSSION). 15 Q. NOW, I'M SHOWING YOU WHAT'S BEEN MARKED FOR 16 IDENTIFICATION AS PLAINTIFF'S EXHIBIT 697. (REVIEWS 17 DOCUMENT). WHICH HAS THE SAME PROBLEM. 18 A. YES. 19 MR. FEATHERSTONE: 20 ARE WE ON THE RECORD HERE ON 697? 21 MR. BRADLEY; 22 WHICH I'VE INDICATED HAS THE SAME PROBLEMS. 23 MR. FEATHERSTONE: 24 LET'S GO OFF THE RECORD. 25 (OFF THE RECORD DISCUSSION). 110 WATER PCB-SD0000055128 1 EXAMINATION CONTINUES BY MR. BRADLEY: 2 Q. I'M NOW GOING TO SHOW YOU WHAT'S BEEN MARKED FOR 3 IDENTIFICATION AS PLAINTIFF'S EXHIBIT 701, AND SINCE I 4 ONLY HAVE ONE COPY OF IT I'M GOING TO HOLD IT HERE FOR 5 OUR REFERENCE. IS THIS A DOCUMENT THAT YOU REVIEWED 6 DURING THE LUNCH HOUR TODAY? 7 A. YES, IT IS. I WOULD LIKE TO REVIEW IT IN MY HANDS 8 AFTERWARDS, BUT -9 Q. SURE. 10 A. -- AND I'LL DO IT IN FRONT OF YOU, BUT I CAN'T SEE IT 11 AT THAT DISTANCE, OKAY. (REVIEWS DOCUMENT). YES. 12 Q. AND IS THIS A DOCUMENT THAT WAS GENERATED BY YOU, W.J. 13 LITSCHGI, AND R.E. KELLER IN MARCH OF 1970? 14 A. YES, IT IS. 15 Q. AND IT IS ENTITLED "STUDY OF AROCLOR CHEMICAL CLEAN-UP 16 PROCEDURES FOR USE WITH ELECTRON CAPTURED GAS 17 CHROMATOGRAPHY METHODS"? 18 A. YES, IT IS. I BELIEVE WE VISITED THAT PROCEDURE 19 BEFORE. 20 MR. BRADLEY: 21 CAN WE GO OFF THE RECORD FOR A MOMENT? 22 (OFF THE RECORD DISCUSSION). 23 EXAMINATION CONTINUES BY MR. BRADLEY: 24 Q. I THINK I SHOWED YOU EXHIBIT 698, AND IS THAT A 25 DOCUMENT THAT YOU REVIEWED DURING THE LUNCH HOUR? Ill WATER PCB-SD0000055129 1 A. YES, IT IS. 2 Q. THIS IS ENTITLED "A TENTATIVE PROCEDURE FOR THE 3 DETERMINATION OF AIRBORNE POLYCHLORINATED BIPHENYLS"? 4 A. YES, IT IS. 5 Q. IS THIS A DOCUMENT AUTHORED BY YOU AND R.E. KELLER IN 6 NOVEMBER OF 1970? 7 A. YES, IT IS. 8 Q. IS THIS A TRUE AND ACCURATE COPY OF THE REPORT THAT 9 YOU AND R.E. KELLER GENERATED ON THAT DATE? 10 A. YES, IT IS. . 11 Q. AND DID YOU WRITE THIS DOCUMENT SHORTLY AFTER 12 DEVELOPING A TENTATIVE PROCEDURE FOR THE DETERMINATION 13 OF AIRBORNE POLYCHLORINATED BIPHENYLS? 14 A. YES, I DID. 15 Q. AND DID YOU DEVELOP THE TENTATIVE PROCEDURE BASED UPON 16 THE WORK YOU WERE DOING AT MONSANTO? 17 A. YES, I DID. 18 Q. IS THIS A DOCUMENT THAT YOU MAINTAINED IN YOUR FILES 19 AT MONSANTO AS PART OF ITS REGULARLY CONDUCTED 20 BUSINESS ACTIVITY? 21 A. YES. 22 Q. I'M NOW GOING TO SHOW YOU PLAINTIFF'S EXHIBIT 1575 AND 23 ASK IF YOU'VE SEEN THAT DOCUMENT BEFORE. THIS ISN'T 24 ONE, I DON'T BELIEVE, THAT I ASKED YOU TO REVIEW 25 DURING THE LUNCH HOUR. 112 WATER PCB-SD0000055130 1 A. (REVIEWS DOCUMENT). THE QUESTION IS HAVE I SEEN THIS 2 DOCUMENT BEFORE? 3 Q. YES. 4 A. THE ANSWER IS YES. 5 Q. THIS INDICATES THAT YOU RECEIVED A CARBON COPY OF THIS 6 LETTER FROM W.R. RICHARD TO THE FILE REGARDING AROCLOR 7 ANALYSIS AND PESTICIDE RESIDUES, CORRECT? 8 A. YES, IT DOES. 9 Q. AND IT REFERENCES A VISIT TO PROFESSOR G. WIDMARK, 10 UNIVERSITY OF STOCKHOLM, MAY 5, 1969? 11 A. YES, IT DOES. 12 Q. AND THE DOCUMENT WAS WRITTEN AFTER PROFESSOR WIDMARK 13 MADE CERTAIN FINDINGS REGARDING CHLORINATED BIPHENYLS, 14 CORRECT? 15 A. YES. 16 Q. AND DOES THIS APPEAR TO BE A TRUE AND ACCURATE COPY OF 17 THE LETTER FROM W.R. RICHARD TO THE FILE THAT YOU 18 RECEIVED A CARBON COPY OF? 19 A. YES, IT DOES. 20 Q. AND IS THIS A DOCUMENT THAT YOU MAINTAINED IN YOUR 21 FILES AT MONSANTO AS PART OF ITS REGULARLY CONDUCTED 22 BUSINESS ACTIVITY? 23 A. YES. 24 Q. I'M NOW SHOWING YOU PLAINTIFF'S EXHIBIT 422 WHICH YOU 25 ALSO DID NOT REVIEW DURING THE LUNCH HOUR. IS THAT A 113 * WATER PCB-SD0000055131 1 DOCUMENT YOU'VE SEEN BEFORE? 2 A. (REVIEWS DOCUMENT). I DO NOT SPECIFICALLY RECALL 3 SEEING THIS DOCUMENT. 4 Q. CAN YOU TELL FROM THE DOCUMENT WHO MIGHT BE ITS 5 AUTHOR? 6 A. NO, SIR, I CANNOT. 7 Q. I'M NOW GOING TO SHOW YOU, I'LL WITHDRAW THAT THEN 8 FROM THIS DEPOSITION, PLAINTIFF'S EXHIBIT 1415 AND ASK 9 YOU IF YOU CAN TELL ME WHAT THAT DOCUMENT IS. 10 MR. FEATHERSTONE: 11 ALL RIGHT, BUT YOU WITHDRAW IT MEANING YOU TOOK IT 12 BACK. WAS IT IDENTIFIED ON THE RECORD AS PLAINTIFF'S 13 EXHIBIT - 14 MR. BRADLEY: 15 422 . 16 MR. FEATHERSTONE: 17 422? 18 MR. BRADLEY: 19 YES. 20 MR. FEATHERSTONE: 21 THAT'S HOW IT'S BEEN PREVIOUSLY MARKED IN OTHER 22 DEPOSITIONS? 23 MR. BRADLEY: 24 YES. 25 WITNESS CONTINUES: 114 WATER PCB-SD0000055132 1 A. CAN YOU RESTATE THE QUESTION, PLEASE? 2 Q. WELL, WHATEVER I HAD ASKED BEFORE, THE QUESTION IS: 3 HAVE YOU SEEN THIS DOCUMENT BEFORE TODAY'S DEPOSITION? 4 A. I DO NOT SPECIFICALLY RECALL THIS DOCUMENT. 5 Q. DO YOU RECALL IN 1970 LEARNING THAT MCS-1016 SHOWED 6 SOME EVIDENCE OF BIODEGRADATION, BUT NOT SIGNIFICANTLY 7 AT 95% -- OR EXCUSE ME, BUT WAS NOT SIGNIFICANT AT 8 95%? 9 A. I DO NOT RECALL THAT. 10 Q. DO YOU RECALL LEARNING IN LATE '70 THAT MCS-1242 11 SHOWED SOME EVIDENCE OF BIODEGRADATION, BUT WAS NOT 12 SIGNIFICANT AT 95%? 13 A. I DO NOT RECALL AN MCS-1242? 14 Q. DO YOU RECALL AN AROCLOR 1242? 15 A. YES, I DO. 16 Q. WHAT DOES IT MEAN TO BE SIGNIFICANT AT 95%? 17 A. IN WHAT CONTEXT? 18 Q. IN THE CONTEXT OF DETERMINING EVIDENCE OF 19 BIODEGRADATION? 20 A. I AM NOT A STATISTICIAN, AND TO ANSWER THAT QUESTION 21 CORRECTLY I WOULD NEED MORE SPECIFIC INFORMATION 22 RELATIVE TO CONDITIONS, AND THINGS OF THAT SORT, 23 CONFIDENCE LIMITS, YOU NEED TO KNOW THE NUMBER OF 24 VARIABLES AND THE VARIABLE INTERACTIONS THAT ARE 25 ASSOCIATED WITH IT TO UNDERSTAND WHAT IT SAYS, AND 115 WATER PCB-SD0000055133 1 THAT'S NOT ENOUGH INFORMATION FOR ME AS A 2 NON-STATISTICIAN. 3 Q. DID YOU LEARN IN LATE '70 THAT PCB COMPOUNDS, RANGED 4 FROM THE MOST TO LEAST DEGRADABLE, WERE MCS-1043, 5 MCS-1242, MCS-1016, AND AROCLOR 1254? 6 A. I'M GOING TO HAVE TO TAKE EXCEPTION WITH THE USE OF 7 THE TERM MCS-1242. AS I STATED EARLIER, I DO NOT 8 RECALL MCS-1242. 9 Q. WELL, DO YOU RECALL LEARNING IN LATE 1970 THAT 10 MCS-1043 WAS MORE DEGRADABLE THAN MCS-1016? 11 A. YES. 12 Q. DO YOU RECALL LEARNING IN LATE 1970 THAT BOTH MCS-1043 13 AND MCS-1016 WERE MORE DEGRADABLE THAN AROCLOR 1254? 14 A. YES. 15 Q. DURING THE COURSE OF YOUR DEPOSITION, YOU'VE DESCRIBED 16 VARIOUS STUDIES THAT YOU PARTICIPATED IN REGARDING 17 BIODEGRADATION OF PCBs, CORRECT? 18 A. YES. 19 Q. DID ANYONE FROM GENERAL ELECTRIC PARTICIPATE WITH YOU 20 REGARDING THOSE STUDIES? 21 A. WOULD YOU DEFINE PARTICIPATION FOR ME, PLEASE? 22 Q. DID THEY HELP DEVELOP THE PROTOCOL AND DEVELOP THE 23 DATA AND THE CONCLUSIONS BASED ON THE DATA FOR THOSE 24 STUDIES? 25 A. NO. 116 WATER PCB-SD0000055134 1 Q. WHAT DID THEY DO, IF ANYTHING, RELATIVE TO THOSE 2 STUDIES? 3 A. THE ONLY THING THAT I COULD COMMENT THAT THEY DID WAS 4 BECAME AWARE OF THE RESULTS AS THEY WERE GENERATED BY 5 US. 6 Q. AS I'VE DEFINED PARTICIPATION, DID ANYONE FROM 7 WESTINGHOUSE PARTICIPATE WITH YOU IN THOSE STUDIES? 8 A. NO. 9 Q. WERE YOU ASKED TO IDENTIFY DOCUMENTS TO BE PROVIDED TO 10 NEVADA POWER COMPANY IN THIS LITIGATION? 11 A. NO, SIR. 12 Q. WHAT WORK DID YOU DO ONCE YOU RETIRED FROM MONSANTO? 13 A. WELL, ACTUALLY I BELIEVE THAT IT'S MORE ACCURATE TO 14 SAY I LEFT MONSANTO RATHER THAN RETIRED, ALTHOUGH I'D 15 LIKE TO BE. I LEFT MONSANTO AND JOINED A COMPANY 16 CALLED AMERICAN MACHINE AND FOUNDRY, AMF, INCORPORATED 17 AT THEIR CORPORATE ENGINEERING CENTER IN STAMFORD, 18 CONNECTICUT WHERE I RAN PROCESS AND ANALYTICAL SUPPORT 19 GROUPS FOR THEIR MICROFLAKE DIVISION AND FOR THEIR 20 CUNA DIVISIONS AT THEIR CORPORATE CENTER. 21 Q. DID ANY OF THAT WORK HAVE TO DO WITH PCBs? 22 A. NO, SIR, IT DID NOT. 23 Q. AND WHAT WORK DID YOU DO FOLLOWING THAT WORK? 24 A. I WAS WITH AMF FOR SEVEN YEARS, AND I LEFT THEM WHEN 25 THEY WERE INVOLVED IN A HOSTILE TAKEOVER AND CORPORATE 117 WATER PCB-SD0000055135 1 RESEARCH WAS DISSOLVED, AND I JOINED A COMPANY CALLED 2 WASTE MANAGEMENT, INCORPORATED WITH THE ASSIGNMENT OF 3 BRINGING UP THEIR CORPORATE AND HAZARDOUS ANALYTICAL 4 LABORATORY IN CHICAGO. 5 Q. HOW LONG DID YOU WORK FOR WASTE MANAGEMENT? 6 A. I STILL AM PRESENTLY EMPLOYED BY WASTE MANAGEMENT. 7 Q. WHAT IS YOUR JOB THERE? 8 A. MY TITLE IS SENIOR DIRECTOR, ANALYTICAL PROGRAMS. 9 Q. AND IN THAT JOB DO YOU HAVE ANY RESPONSIBILITIES FOR 10 POLYCHLORINATED BIPHENYLS? 11 A. THE ANALYTICAL LABORATORIES THAT I RUN ANALYZE SAMPLES 12 FOR POLYCHLORINATED BIPHENYLS, AND WE USE EPA SWA46 13 PROCEDURES. 14 Q. YOUR LAB, THEN, IS GIVEN SAMPLES AND YOU'RE ASKED TO 15 DETERMINE WHETHER PCBs ARE PRESENT? 16 A. THAT'S CORRECT. 17 Q. ARE YOU ASKED TO DETERMINE WHETHER FURANS ARE PRESENT? 18 A. NO, SIR. 19 Q. ARE YOU ASKED TO DETERMINE WHETHER POLYCHLORINATED 20 DIBENZOFURANS ARE PRESENT? 21 A. I BELIEVE THAT'S WHAT I JUST ANSWERED, NO, SIR. 22 Q. DO YOU DETERMINE THE PRESENCE OF POLYCHLORINATED 23 DIBENZODIOXINS IN SAMPLES AS PART OF YOUR LAB WORK AT 24 WASTE MANAGEMENT? 25 A. NO, SIR. NONE OF LABORATORIES -- WELL, WITH THE 118 WATER PCB-SD0000055136 1 EXCEPTION OF ONE, ARE CLASS A LABORATORIES, SO WE 2 DON'T DO DIOXIN ANALYSIS. 3 MR. BRADLEY; 4 THOSE ARE ALL THE QUESTIONS THAT I HAVE. THANK YOU. 5 EXAMINATION BY MR. FEATHERSTONE: 6 Q. DR. TUCKER, I DO HAVE A FEW QUESTIONS. FIRST OF ALL, 7 WE'VE SEEN SEVERAL EXHIBITS DURING YOUR DEPOSITION 8 THAT CARRY THE LABEL "SPECIAL STUDY." WHAT WAS THE 9 SPECIAL STUDY DESIGNATION AS IT WAS USED AT MONSANTO 10 WHEN YOU WORKED THERE? 11 A. WELL, A SPECIAL STUDY WAS A SPECIAL STUDY, EXACTLY AS 12 IT SAYS. WE HAD NUMBERS THAT WERE DESIGNATED FOR 13 ANALYTICAL METHODS, AND THEN WE HAD NUMBERS THAT WERE 14 DESIGNATED FOR SPECIAL STUDIES THAT THE ANALYTICAL 15 CHEMISTRY GROUP DID. 16 Q. IS A SPECIAL STUDY BASICALLY THE FINAL REPORT? 17 A. YES. 18 Q. DID IT GO THROUGH A REVIEW PROCESS? 19 A. YES. 20 Q. WHEN YOU WERE WRITING A SPECIAL STUDY, WOULD YOU SEND 21 OUT A DRAFT FOR COMMENT? 22 A. YES. 23 Q. NOW, LET ME SHOW YOU SPECIFICALLY PLAINTIFF'S EXHIBIT 24 1436 AND ASK YOU WHETHER THAT IS A DOCUMENT THAT YOU 25 PREPARED AND THEN CIRCULATED FOR COMMENTS. 119 WATER PCB-SD0000055137 1 A. (REVIEWS DOCUMENT). IT'S A DOCUMENT I PREPARED. I'M 2 NOT SURE IT WAS A COPY THAT WAS CIRCULATED FOR 3 COMMENT. 4 Q. YOU TESTIFIED EARLIER THAT YOU COULD NOT RECOGNIZE THE 5 HANDWRITING ON PLAINTIFF'S EXHIBIT 1436; IS THAT 6 CORRECT? 7 A. YES, SIR. 8 Q. DO YOU KNOW WHETHER THE DOCUMENT WITH THE HANDWRITING 9 AND NOTATIONS WAS EVER RETURNED TO YOU IN THE COURSE 10 OF YOUR WORK AT MONSANTO? 11 A. NO, SIR. 12 Q. WHEN YOU TESTIFIED EARLIER TODAY THAT YOU KEPT COPIES 13 OF DOCUMENTS LIKE 1436 IN YOUR FILE, AND SPECIFICALLY 14 WITH REGARD TO THIS EXHIBIT, WERE YOU TALKING ABOUT 15 THE DOCUMENT WITH OR WITHOUT THE HANDWRITTEN COMMENTS? 16 A. THE DOCUMENT WITHOUT THE COMMENTS. 17 Q. EARLIER TODAY, INDEED AT THE BEGINNING OF YOUR 18 DEPOSITION, YOU WERE ASKED QUESTIONS ABOUT 19 BIODEGRADATION STUDIES YOU WERE INVOLVED IN, AND YOU 20 TESTIFIED THAT YOU STUDIED THE BIODEGRADATION OF 21 AROCLORS 1221, 1232, 1242, 1254, 1260, AND MCSS 1016 22 AND 1043. DID YOU STUDY THE BIODEGRADABILITY OF 23 AROCLOR 1016 WHILE YOU WERE WITH MONSANTO? 24 A. YES. 25 MR. BRADLEY: 120 WATER PCB-SD0000055138 1 OBJECT TO THE FORM OF THE QUESTION. 2 EXAMINATION CONTINUES BY MR. FEATHERSTONE: 3 Q. DID YOU DETERMINE WHETHER AROCLOR 1016 DOES OR DOES 4 NOT DEGRADE? 5 A. IT DEGRADES. 6 Q. YOU TESTIFIED THAT YOUR STUDIES SHOWED COMPLETE 7 MINERALIZATION, A TERM YOU DEFINED, OF LOWER 8 CHLORINATED COMPOUNDS. WHEN YOU MADE REFERENCE TO 9 LOWER CHLORINATED COMPOUNDS, WHAT WERE YOU TALKING 10 ABOUT? 11 A. TETRA AND LOWER. TETRACHLORINATED BIPHENYL AND 12 LOWER. 13 Q. ARE THOSE ALSO KNOWN AS HOMOLOGS? 14 A. YES. 15 Q. AND TETRACHLORINATED, DOES THAT MEAN FOUR CHLORINE 16 ATOMS ON A PCB MOLECULE? 17 A. ON A BIPHENYL MOLECULE, YES. 18 Q. AND WHEN YOU SAID TETRA- OR LOWER, YOU'RE TALKING 19 ABOUT A BIPHENYL MOLECULE WITH FOUR CHLORINE ATOMS OR 20 FEWER? 21 A. YES. 22 Q. FOR INSTANCE, THREE, TWO, OR ONE? 23 A. CORRECT. 24 Q. DID YOUR STUDIES OF MCS-1016 WHILE YOU WERE WITH 25 MONSANTO SHOW COMPLETE MINERALIZATION OF ALL OR PART 121 WATER PCB-SD0000055139 1 OF MCS-1016? 2 A. YES. 3 Q. CAN YOU BRIEFLY DESCRIBE WHAT THOSE STUDIES SHOWED? 4 A. IN GENERAL, THE STUDIES SHOWED THAT THE LOWER THE 5 DEGREE OF CHLORINATION OF THE BIPHENYL, THE MORE 6 READILY IT UNDERWENT DEGRADATION. AS THE CHLORINATION 7 OF THE BIPHENYL MOLECULE INCREASED, THE DEGRADATION 8 RATE DECREASED TO THE EXTENT THAT IN OUR EXPERIMENTS 9 IN THE TIMES THAT WE USED, AND THINGS OF THAT SORT, WE 10 WERE NOT SEEING ANY DEGRADATION OF THE PENTACHLORO 11 BIPHENYL AND ABOVE HOMOLOG OR ISOMERS. 12 Q. WHEN YOU SAY PENTACHLORO, YOU'RE TALKING ABOUT A 13 BIPHENYL MOLECULE WITH FIVE CHLORINE ATOMS? 14 A. THAT'S CORRECT. 15 MR. FEATHERSTONE: 16 NO FURTHER QUESTIONS. 17 REEXAMINATION BY MR. BRADLEY: 18 Q. HOW MANY CHLORINE ATOMS ARE THERE ON BIPHENYL 19 MOLECULES IN THE MCS-1016? 20 A. I BELIEVE THE PREDOMINANT HOMOLOG IN MCS-1016 IS A 21 TRICHLORO, BUT I'D HAVE TO SIT DOWN AND CALCULATE IT, 22 BUT I THINK THAT'S PRETTY CLOSE. 23 Q. THE AROCLORS THAT BEGIN WITH THE NUMBER 12, FOR 24 EXAMPLE, 1242, 1254, ARE THOSE COMPRISED OF BIPHENYL 25 MOLECULES WITH 12 CHLORINE ATOMS? 122 WATER PCB-SD0000055140 1 A. NO. 2 Q. WHAT DOES THE 12 REFER TO? 3 A. THE 12 REFERS TO THE FACT THAT IT'S A BIPHENYL. 4 Q. HAS NOTHING IT DO WITH THE NUMBER OF CHLORINE 5 ATOMS? 6 A. NO, SIR. 7 Q. I'M NOT CERTAIN NOW FROM YOUR TESTIMONY WHETHER YOUR 8 STUDIES DETERMINED WHETHER 1016 COMPLETELY -- MCS-1016 9 COMPLETELY DEGRADES. SO MY QUESTION TO YOU IS: FROM 10 YOUR STUDIES AT MONSANTO, DID YOU MAKE A DETERMINATION 11 THAT EVERY CONSTITUENT ELEMENT AND PART OF MCS-1016 12 BIODEGRADES? 13 A. WITHIN THE LIMITS OF THE EXPERIMENTAL VARIABILITY AND 14 THE ANALYTICAL PROCEDURES THAT WERE USED, YES. 15 Q. AND HOW LONG WOULD IT TAKE FOR THAT TO OCCUR? 16 A. THE PERIOD OF TIME THAT THE TESTS, THE SEMI-CONTINUOUS 17 ACTIVATED SLUDGE TESTS RAN FOR WERE 48 HOURS 18 IN-BETWEEN SAMPLING CYCLES, SO THE DEGRADATION RATE, 19 AND THE KEY OPERATOR THERE IS RATE, WAS QUOTED ON A 20 48-HOUR CYCLE. THE ASSUMPTION IS IS THAT THEY QUIT 21 PUTTING THE MATERIAL BACK IN, THAT IT WOULD CONTINUE 22 TO DEGRADE. IT'S A RATE STEP MUCH LIKE THE DECAY OF A 23 RADIOACTIVE ISOTOPE. 24 Q. IF MCS-1016 WERE SPILLED OUT INTO SOIL, WOULD IT 25 BIODEGRADE UNDER THE CIRCUMSTANCES OF BEING OUT IN THE 123 WATER PCB-SD0000055141 1 OPEN IN NATURE AS OPPOSED TO IN YOUR LABORATORY? 2 A. YES. 3 Q. AND HOW LONG WOULD IT TAKE TO BIODEGRADE IF IT WERE 4 EXPOSED TO SOIL OUT IN NATURE? 5 A. THAT WOULD DEPEND UPON THE AMBIENT TEMPERATURES, IT 6 WOULD DEPEND UPON THE ACTUAL CONCENTRATION OF THE 7 MATERIAL IN THE SOIL, IT WOULD DEPEND UPON THE 8 BIOLOGICAL POPULATION, THE BACTERIA THAT WERE THERE, 9 WHETHER THE BACTERIA HAD OTHER SOURCES OF CARBON. I 10 MEAN, IT WOULD DEPEND UPON A LOT OF THINGS. IF YOU 11 SATURATED THE SOIL WITH AROCLOR, OR SOMETHING OF THAT 12 SORT, IT MIGHT SIT THERE FOREVER. 13 Q. AND IF, LET'S SAY, A CUP OF IT WAS SPILLED, IS IT 14 POSSIBLE THAT IT WOULD BIODEGRADE WITHIN A 15 YEAR? 16 A. A CUP OF IT WAS SPILLED IN A CUP AREA? 17 Q. IN A CUP AREA. 18 A. IT PROBABLY WOULD STILL BE SITTING THERE IN A YEAR. 19 Q. IS IT POSSIBLE THAT IF A CUP WERE SPILLED IN A CUP 20 AREA THAT IT WOULD TAKE UP TO 50 YEARS TO 21 BIODEGRADE? 22 A. IT'S POSSIBLE. IT WOULD BE VERY DIFFICULT TO SEE THE 23 DEGRADATION RELATIVE TO THE BULK CONSTITUENTS UNTIL A 24 SIGNIFICANT AMOUNT OF THE MATERIALS HAD BEEN DEGRADED 25 BECAUSE YOU'RE TRYING TO MEASURE THE SMALL DIFFERENCE 124 WATER PCB-SD0000055142 1 BETWEEN TWO LARGE NUMBERS, WHICH EVERYBODY KNOWS IS 2 DIFFICULT. 3 MR. BRADLEY: 4 NOTHING FURTHER. 5 MR. FEATHERSTONE: 6 GOOD. 7 (THERE BEING NO FURTHER QUESTIONS, THE DEPOSITION WAS 8 CONCLUDED AT APPROXIMATELY 3:18 P.M.) 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 125 WATER PCB-SD0000055143 CERTIFICATE I, THE UNDERSIGNED, KARLA T. PITTMAN, NOTARY PUBLIC IN AND FOR THE STATE OF SOUTH CAROLINA, DO HEREBY CERTIFY THAT THE FOREGOING DEPOSITION WAS TAKEN ON THE 30TH DAY OF MARCH, 1993; THAT THE WITHIN DEPONENT WAS SWORN TO TELL THE TRUTH AND THAT THE FOREGOING IS AN ACCURATE TRANSCRIPTION OF THE TESTIMONY TAKEN UNDER OATH; I FURTHER CERTIFY THAT I AM NEITHER COUNSEL NOR SOLICITOR TO ANY OF THE PARTIES IN SAID SUIT, NOR INTERESTED IN THE EVENT OF THE CAUSE. IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND SEAL THIS 15TH DAY OF APRIL, 1993. KARLA T. PITTMAN (SEAL) NOTARY PUBLIC FOR SOUTH CAROLINA MY COMMISSION EXPIRES 5-8-02 126 WATER PCB-SD0000055144 Impact Printing. Taylora, SC 803/244-1119