Document kD0eRNbm4Gb5bJ3e7g3Jy9yYJ

1 1 STATE OF WISCONSIN : CIRCUIT COURT : SHEBOYGAN COUNTY 2 3 TECUMSEH PRODUCTS COMPANY, a 4 Milwaukee Corporation, 5 Plaintiff, 6 VS. Case No. 90-CV-0415 7 THE TRAVELERS INDEMNITY COMPANY, 8 MARYLAND CASUALTY COMPANY, CONTINENTAL 9 CASUALTY COMPANY, AMERICAN EMPLOYERS 10 INSURANCE COMPANY, HARTFORD ACCIDENT 11 & INDEMNITY COMPANY, INSURANCE COMPANY 12 OF NORTH AMERICA, FIRST STATE INSURANCE 13 COMPANY, THE HOME INSURANCE COMPANY, 14 MICHIGAN MUTUAL INSURANCE COMPANY, 15 STONEWALL INSURANCE COMPANY, AFFILIATED 16 FM INSURANCE COMPANY, ALLSTATE INSURANCE 17 COMPANY OF NEW YORK, JEFFERSON INSURANCE 18 COMPANY OF NEW YORK, UNITED STATES FIRE 19 INSURANCE COMPANY and PURITAN INSURANCE 20 COMPANY, 21 Defendants. 22 23 DEPOSITION of PAUL G. BENIGNUS, 24 was taken at the instance of the Defendants, under and 25 pursuant to the provisions of Section 804.05 of the -r-T-T TTiTr nrvnADmTTvTr' THO f A T A \ AAeZtZ WATER PCB-SD0000061216 2 1 Wisconsin Statutes, and the acts amendatory thereof and 2 supplementary thereto, and pursuant to Notice, before me, 3 KATHY A. HALMA, Registered Professional Reporter and 4 Notary Public in and for the State of Wisconsin, at 5 Fischer's Restaurant, Belleville, Illinois, on the 17th 6 day of August, 1993, commencing at 10:00 o'clock in the 7 forenoon. 8 APPEARANCES 9 FOLEY & LARDNER, 777 East Wisconsin 10 Avenue, Milwaukee, Wisconsin, 53202, by MR. THOMAS C. 11 EWING, appeared on behalf of the Plaintiff. 12 SONNENSCHEIN, NATH & ROSENTHAL, One 13 Metropolitan Square, Suite 3000, St. Louis, Missouri, 14 63102, by MR. MARK D. RABE appeared on behalf of the 15 Defendant, The Travelers Indemnity Company. 16 OTJEN, VAN ERT, STANGLE, LIEB & WEIR, 17 S.C., 700 North Water Street, Suite 800, Milwaukee, 18 Wisconsin, 53202-4206, by MR. PAUL J. PYTLIK, appeared on 19 behalf of the Defendants, Hartford Accident & Indemnity 20 Company and First State Insurance Company. 21 PIETTE & JACOBSON, S.C., 1233 North 22 Mayfair Road, Suite 204, Milwaukee, Wisconsin, 53226-0577, 23 by MR. RONALD L. PIETTE, appeared on behalf of the 24 Defendant, The Home Insurance Company. 25 POPE & JOHN, LTD., 311 South Wacker -- - ' " " WATER'PCB-SD0000061217 3 1 Drive, Suite 4200, Chicago, Illinois, 60606, by MS 2 KRISTIN A. O'BRIEN, appeared on behalf of the Defendant, 3 Affiliated First Mortgage Insurance Company. 4 SMITH, HELMS, MULLISS & MOORE, Suite 5 1400, 300 North Greene Street, P.O. Box 21927, 6 Greensboro, North Carolina, 27420, by MR. TIMOTHY PECK, 7 appeared on behalf of Monsanto Company. 8 9 INDEX 10 WITNESS EXAMINATION PAGE 11 Paul G. Benignus By Mr. Piette 4 12 By Mr. Ewing 40 13 14 15 EXHIBITS 16 None. 17 18 19 (The orignial transcript was sent to Attorney Vobornik.) 20 21 22 23 24 25 WATER PCB-SD0000061218 PAUL G. BENIGNUS - 8-17-93 4 1 PROCEEDINGS 2 PAUL G. BENIGNUS, called as a witness 3 herein by the Defendants, after having been first 4 duly sworn, was examined and testified as follows: 5 EXAMINATION 6 BY MR. PIETTE: 7Q Would you again state your name, sir, for the 8 record, please. 9A Paul Benignus. 10 Q And your address, please? 11 A 47 Metcalf Drive, M-E-T-C-A-L-F, Drive, Belleville, 12 Illinois, 62223. 13 Q And you have been a resident of Belleville, 14 Illinois all of your life, have you, sir? 15 A Yes. 16 Q And we're here today in Belleville, Illinois, are 17 we not, at Fischer's Restaurant or at least in a 18 conference room adjoining Fischer's Restaurant to 19 take your deposition; correct? 20 A Yes, sir. 21 Q And you formerly were with the Monsanto Company, 22 were you not, sir? 23 A Yes, sir. 24 Q When did you retire from Monsanto? 25 A In 1974. WATER PCB-SD0000061219 1Q 2A 3Q 4 5A 6Q 7A 8 9 10 Q 11 A 12 <2 13 14 A 15 Q 16 17 A 18 Q 19 20 21 A 22 23 Q 24 25 A PAUL G. BENIGNUS - 8-17-93 5 And how long were you with Monsanto? I started with Monsanto in 1934. And you spent then, if I calculated it correctly, 40 years with Monsanto? Yes, sir. And what is your formal education, sir? I have a bachelor of arts majoring in chemistry, minors in education and physics and a master of science in organic chemistry. Organic chemistry? Organic chemistry. All right, sir, and you got these degrees, did you, before you went with Monsanto? Yes, sir. And then spent 40 years with Monsanto in a variety of positions and jobs? Yes, sir. Okay. One of the jobs that you held was a position in -- before you retired in 1974. Would you tell us what that job was, sir, just before you retired? I was a technical person, that was my function, and it was strictly in the dielectric area. And just tell us, please, briefly what do you mean by "the dielectric area?" The dielectric is an insulator against the WATER PCB-SD0000061220 1 2 3Q 4A 5Q 6A 7Q 8 9A 10 11 Q 12 A 13 Q 14 15 A 16 Q 17 18 A 19 Q 20 21 22 A 23 Q 24 25 PAUL G. BENIGNUS - 8-17-93 6 electrical -- it does not conduct electricity. It's an insulation. So that Monsanto sold a dielectric fluid, did they? Yes. And what were the names of those dielectric fluids? Monsanto's trade name was Aroclor, A-R-O-C-L-O-R. For how many years, sir, were you in the dielectric field where you were dealing with the Aroclors? I was entirely concerned with dielectric from 1952 until my retirement. In 1974? In 1974. Can you tell us what month you retired in 1974, sir? October. I was 65. All right. When you retired, your position with Monsanto was as a technical person? That was my function, a technical person, correct. And in the dielectric field dealing with the Arochlor, which was the Monsanto fluid sold for dielectric purposes? Correct. Your name came up, sir, in connection with a telephone call report that was produced by Monsanto in May of this year and it's a telephone call WATER PCB-SD0000061221 1 2 3 4A 5Q 6 7 8 9 10 A 11 Q 12 13 14 A 15 Q 16 17 18 19 20 21 A 22 Q 23 24 25 A PAUL G. BENIGNUS - 8-17-93 7 report dated January 7, 1974. You saw a copy of that, did you, sir, just before your deposition here today? Yes. Okay. I'llask you ifyouwill look at that telephone call report or a copy of it that I'm showing you. You will notice, sir, that there is in the lower, right-hand corner the designation -- You have a copy in front of you now? Yes. You will notice in the lower, right-hand corner the designation TPC 000282 and on the second page TPC 000283. Do you see that, sir? Yes, sir. Those numberswereadded byMonsanto to designate these two sheets of paper that they had produced in May of this year. Those stand for Tecumseh Products Company and the numbers 282 and 283. That simply identifies these two sheets of paper. All right, sir? Yes, sir. Other than those two numbers, do you recognize the telephone call report dated January 7, 1974 as a report that you generated as a Monsanto employee? Yes, sir. WATER PCB-SD0000061222 1Q 2 3A 4Q 5 6A 7Q 8 9A 10 Q 11 12 13 14 A 15 Q 16 17 18 A 19 Q 20 A 21 Q 22 23 24 A 25 Q PAUL G. BENIGNUS - 8-17-93 8 And is the P. G. Benignus on the second page, is that you, sir? Yes, sir. And the Paul -- You see the signature "Paul." Is that your signature? Yes, sir. All right. You authored, then, this document, did you? I authored it. Do you recall after having read this telephone call report dated January 7, 1974 that you did have a telephone conversation with these gentlemen from Tecumseh Products Company of Tecuraseh, Michigan? Now that I see it, yes. Now that you see the telephone call report, it refreshes your recollection that you did have this telephone call with them; is that correct? Not exactly. All right. Tell us what you do recall. That I wrote -- must have written this. All right. And if you wrote it at the time, it would have been fresh in your mind at the time, would it not have, sir? Certainly. And it would have accurately reflected or recited WATER PCB-SD0000061223 1 2A 3Q 4 5A 6Q 7 8 9 10 11 A 12 13 Q 14 A 15 Q 16 17 A 18 Q 19 20 A 21 Q 22 23 A 24 Q 25 PAUL G. BENIGNUS - 8-17-93 9 what the report was that you prepared at the time? Right. And so it would be an accurate, fair representation of your telephone call with them at the time? Right. And do you recall that there was a gentleman -- Strike that. Let me ask you this. How was it, sir, that you even made this telephone call? How did that come about? Because I was in the dielectric -- Oh. I was requested to make the call. Do you recall by whom, sir? Not specifically. But it was somebody at Monsanto who requested you to make the call? Certainly. All right. And you were a Monsanto employee at the time? Certainly. And you were making the phone call as a technical person for Monsanto in the dielectric field? Certainly. Okay. Do you recall, sir, having had the names of one or both of these gentlemen, Ron Wisner and Tom WATER PCB-SD0000061224 1 2A 3Q 4 5A 6Q 7 8A 9Q 10 11 12 A 13 Q 14 A 15 Q 16 A 17 Q 18 A 19 Q 20 A 21 22 23 Q 24 A 25 PAUL G. BENIGNUS - 8-17-93 10 Jacoby, before or don't you recall that? I never heard of them before. All right. Was this your one and only contact with Tecumseh Products Company of Tecumseh, Michigan? Yes, sir. You didn't contact them either before or after this? No, sir. Okay. You will notice that you sent a copy of the report or I should say you addressed the report to C. Paton; is that correct? Yes, sir. Did I pronounce it right? No. I'm sorry. How do you pronounce it? Paton. I'm sorry. To C. Paton -- Wait a minute. Go ahead. I don't think his name is spelled right, but that's neither here nor there. It's Dr. Cumming Paton, P-A-Y-T-O-N (sic). And he is or at that time, sir, who was he? He was the -- in charge of or the head of the product area involved in this. WATER PCB-SD0000061225 1Q 2 3A 4Q 5 6A 7Q 8 9A 10 Q 11 A 12 13 14 15 Q 16 A 17 Q 18 19 20 A 21 Q 22 A 23 Q 24 25 PAUL G. BENIGNUS - 8-17-93 11 So that is the reason why you directed the report to him, sir? Certainly. Okay. And I see you sent carbon copies of the report to a number of people. Do you see that? Yes, sir. Okay. Mr. Papageorge is the last one on the list. Do you see that? Yes. And who was he at that time? At that time, as he was called to St. Louis in 1970, as you no doubt know, he was concerned with the environmental things that were coming up. That was his area of activity. In connection with the PCB's? In connection with PCB. When was the last time that dielectric fluid Aroclors were manufactured by Monsanto? Do you recall that, sir? Yes, sir. And when was that, sir? 1977. All right. So this report then dated January 7, 1974 was during a period of time when Monsanto was still manufacturing their dielectric fluid, the WATER PCB-SD0000061226 1 2A 3Q 4 5A 6Q 7 8A 9Q 10 A 11 Q 12 A 13 Q 14 A 15 16 Q 17 A 18 Q 19 A 20 21 Q 22 23 A 24 Q 25 A PAUL G. BENIGNUS - 8-17-93 12 Aroclors? Yes, sir. Okay. Can you tell me who the other gentlemen were that you sent copies of the report to? Yes, sir. If you would, please, just tell us who Mr. Bergen, H. S. Bergen, was at the time? Bergen was the head of the business group. And Mr. Gossage? He was under, directly under, Bergen. And Mr. Munch? It's Dr. Munch. He was in research. And Mr. Richard? He was Munch's boss. That's Dr. Richard in research. And D. Mellon? I don't know at this time. And Mr. C. F. Seger? I found out through this that he was the salesman. I didn't know these people. Okay. When you say you found out through this, somebody told you he was the salesman? Right. Who told you he was the salesman? I don't know. WATER PCB-SD0000061227 1Q 2A 3Q 4 5A 6Q 7 8A 9Q 10 A 11 12 Q 13 14 15 16 A 17 Q 18 19 20 21 A 22 Q 23 A 24 Q 25 A PAUL G. BENIGNUS - 8-17-93 13 But in any event, you now know that? He was in the district. You now know that Mr. Seger was a salesman at that time? I think I know this. Do you know -- Do you recall why you sent a copy to Mr. Seger or you just don't recall? I really don't recall. Okay. Fair enough. I was probably told the distribution was wanted this way. I wasn't concerned with that. All right. Your concern was to make the telephone call, address whatever their concerns were at Tecumseh, Michigan and dictate a report and you did that? Directed to Dr. Paton. Okay. I'd like to talk, first of all, about the report from the standpoint of Tecumseh Products Company of Tecumseh, Michigan. Had you had any dealings with them before this telephone call? No, sir. Were you aware of who they were? No, sir. Are you today aware of who they are? I think many people know they make air WATER PCB-SD0000061228 1 2Q 3 4A 5 6 7Q 8A 9Q 10 11 12 A 13 14 Q 15 A 16 Q 17 A 18 Q 19 20 21 22 23 A 24 Q 25 PAUL G. BENIGNUS - 8-17-93 14 conditioners. All right. And so did you place the telephone call, do you recall? I believe so from the tenor of the writings that I was asked to call. Yes, it says here appreciated my phone call. In the memo? Yes, in the memo. In the last paragraph, "He appreciated my phone call." Does that refresh your recollection that you placed the call to him then or to them? Really not, but I did, but it doesn't refresh anything. Okay. But because it's in the memo -- I called them. You know you did? Yes, sir. All right. Do you know that on the first page, if I may just put that back, sir, on the first page you say, "Company, Tecumseh Products Company, Tecumseh, Michigan," because that's the company that you called, right? Right. Okay. On the next line it says, "For Tecumseh," and you will notice you have the names of two WATER PCB-SD0000061229 1 2 3 4A 5Q 6A 7Q 8 9 10 11 A 12 Q 13 14 15 16 A 17 Q 18 19 A 20 21 Q 22 A 23 Q 24 25 PAUL G. BENIGNUS - 8-17-93 15 gentlemen there, Mr. Ron Wisner, Manager Product Engineering and Mr. Tom Jacoby, Assistant Director Engineering. Doyou see that, sir? Yes, sir. Okay. Did you speak with both of those gentlemen? I don't know. Do you know if you have placed both names on your report for Tecumseh at that time, was it your practice to put down the names of whoever you spoke with, including whoever was on the telephone? I would certainly do so, ifI knew. Okay. So if you put both names down there, Mr. Benignus, on this report, 1/7/74, does that tell you that you would have spoken with both of these people? No, sir. What do the names Wisner and Jacoby after "For Tecumseh" mean to you in looking at that report? One or the other or both were on the receiving end -- All right. -- in my response. You have references throughout your report to Mr. Wisner himself saying things to you. Do you see that? WATER PCB-SD0000061230 1A 2Q 3 4 5 6 7 8 9 10 A 11 Q 12 13 14 A 15 16 Q 17 18 A 19 Q 20 21 22 A 23 Q 24 25 PAUL G. BENIGNUS - 8-17-93 16 I see one. Sure. There's one in the fourth paragraph and then the fifth paragraph starts out, "He said." The next paragraph, "He said." Do you see that? MR. EWING: I'm going to object. The document speaks for itself and I don't think it's a fair characterization to suggest that "he" necessarily is Mr. Wisner, unless the witness can specifically remember that. Yes. Mr. Benignus, the reportindicates that youspoke with either or both Mr. Wisner and Mr. Jacoby; correct? I don't think one can draw that as a fact. I spoke to one or the other. And you refer in the fourth paragraph, do you not, sir, to "Mr. Wisner said." Do you see that? Yes. And if you said in your report that Mr. Wisner said, you were reflecting in your report what he told you; correct? I would say so. Would you tell me, please, afterhaving read this report, would you tell me, please, overall what the subject matter of the telephone call dealt with? WATER PCB-SD0000061231 PAUL G. BENIGNUS - 8-17-93 17 1 MR. PECK: If you have any recollection 2 of it, Paul, beyond what's on the paper. 3 MR. PIETTE: Just in your own words. 4A I have nothing to recall other than what's written 5 here. 6Q And having read what's written here, can you tell 7 me what the subject matter was of your phone 8 conversation? 9 MR. EWING: I object to the form of the 10 question and foundation unless you can establish 11 that he remembers anything other than what is in 12 the document independent of the document. I think 13 that's an inappropriate question. You may answer. 14 A Should we start with the first paragraph? How do 15 you want to do this? 16 Q I would like you to tell me, starting with the 17 first paragraph, what you recall having read the 18 first paragraph about the subject matter of the 19 phone conversation. 20 MR. EWING: Well, I guess I object. 21 That's been asked and answered. He said he 22 remembers only what's in the document itself. 23 BY MR. PIETTE: 24 Q Did you read the first paragraph now, sir? 25 A Yes. WATER PCB-SD0000061232 1Q 2 3 4 5 6 7 8A 9Q 10 11 12 13 14 15 16 17 A 18 Q 19 20 21 A 22 23 24 25 PAUL G. BENIGNUS - 8-17-93 18 Your first paragraph states, does it not, "Tecumseh, a large USA supplier of air conditioning equipment, has licenses in Japan and other overseas areas. Informed that Japan will ban PCB equipment January 1, 1974. Tecumseh wonders about possible similar action in other foreign countries." Did I read that correctly, sir? Correct. Having read that now, do you recall overall what the subject matter of the conversation was with Mr. Wisner, Tecumseh Products Company, Tecumseh, Michigan or Mr. Tom Jacoby? MR. EWING: Same objections. No foundation that the witness has any recollection other than what is in the documents. You may answer. Exactly as stated in the document. You recall that theconversation with either or both of these two gentlemen had to deal with PCB's being ban in Japan? Yes. MR. PECK: I'll object to the form of that question. That's not what the document states. MR. PIETTE: PCB equipment. I'm sorry. WATER PCB-SD0000061233 PAUL G. BENIGNUS - 8-17-93 19 1 You are correct. Let me rephrase the question. 2 BY MR. PIETTE: 3Q Your memo states or your telephone call report 4 states in effect that Tecumseh was informed that 5 Japan will ban PCB equipment 1/1/74. Do you see 6 that? 7A Yes. 8 MR. EWING: Object to the form. 9 BY MR. PIETTE: 10 Q Is that something that they advised you in your 11 phone conversation? 12 A That's what they said. 13 Q In other words, whichever gentlemen, either Wisner 14 or Jacoby, whoever you were speaking with or both 15 of them, referring to "them" as Tecumseh, Tecumseh 16 advised you that Japan -- that they were advised 17 that Japan will ban PCB equipment 1/1/74? 18 A Exactly. 19 Q Okay. And Tecumseh was wondering about possible 20 similar action in other foreign countries; correct? 21 MR. PECK: Object to the form of the 22 question. 23 BY MR. PIETTE: 24 Q Is that correct? 25 A Correct. WATER PCB-SD0000061234 PAUL G. BENIGNUS - 8-17-93 20 1Q 2 And that's what Tecumseh advised you on the phone? MR. PECK: Object, no foundation that 3 he recalls anything other than what is written in 4 the document. 5 BY MR. PIETTE: 6Q Correct? 7A Correct. 8Q 9 Is that written in the document just that way, that Tecumseh wondered about possible similar action in 10 other foreign countries? 11 A Right. 12 Q 13 A And that's the way you reported it, right? Right. 14 Q Will you tell the court and jury, please, what the 15 second paragraph reads? 16 MR. PECK: Do you want him to just read 17 it? 18 MR. PIETTE: Please. 19 A "Seeking to cover their immediate concern in Japan, 20 Tecumseh requested trial non-PCB air conditioner 21 capacitors from their suppliers." 22 Q And that's the report that you made on January 7, 23 1974? 24 A Right. 25 Q Did they advise you in the conversation who their WATER PCB-SD0000061235 1 2A 3Q 4A 5Q 6A 7 8Q 9 10 11 A 12 Q 13 14 15 16 17 18 19 20 21 A 22 23 24 Q 25 PAUL G. BENIGNUS - 8-17-93 21 suppliers were? I don't think so. Do you have any knowledge yourself, sir, of who -- I repeat, no. I'm sorry. Let me correct this. The answer is, no, I had no need to know that and they didn't. Okay. Do you have an understanding of who their suppliers of capacitors might have been? MR. PECK: Object. It would be conjecture. You can state your conjecture, if you would, please. MR. EWING: I would object, foundation, calls for speculation. MR. PECK: I'll ask you not to speculate, Paul, unless you have a recollection either from this conversation or independent knowledge from another source as to who Tecumseh's suppliers of capacitors were. It would not have been of concern to me to begin with, and I wouldn't want to speculate as to who they bought their capacitors from. Right. And that really wasn't my question, Mr. Benignus. What I was asking you was who suppliers WATER PCB-SD0000061236 1 2A 3Q 4A 5 6 7 8Q 9A 10 Q 11 A 12 13 14 Q 15 A 16 Q 17 A 18 Q 19 20 21 A 22 Q 23 A 24 25 Q PAUL G. BENIGNUS - 8-17-93 22 of capacitors would have been at that time. To anyone? Sure. The leading suppliers of capacitors at that time were General Electric, Westinghouse, Lein Material. It causes me to think this out, because you're asking about motor-run capacitors. Yes. You might have specified that. All right. These are air conditioners and motor-run capacitors, they are not power line capacitors, et cetera. All right. So that for this -- It's limited. All right. Then please limit your answer. I'm trying to. As far as the names that you have given us, were they the leading suppliers of motor-run capacitors? You gave us GE, Westinghouse, Lein Material. Strike Lein Material. Anything else that comes to mind, sir? Electric Utilities Company. That's a company, not a utility. Aerovox. Mr. Benignus, can you tell me if Monsanto sold WATER PCB-SD0000061237 PAUL G. BENIGNUS - 8-17-93 23 1 Aroclors to each of these companies that you just 2 listed? 3 A Certainly. 4Q So it would have been Monsanto who supplied the PCB 5 Aroclors to these companies? 6A We were the only supplier. 7Q All right. When you say "we," you mean Monsanto? 8 A Yes. 9Q And these Aroclors or PCB's were being supplied as 10 a dielectricfluid forthese motor-run capacitors? 11 A Yes, sir. 12 Q And the concernexpressed in this memo by 13 Tecumseh -- or I keep calling it a memo and it's a 14 telephone call report, I'm sorry, the concern being 15 expressed by Tecumseh was that they no longer would 16 have a supply of the PCB equipment in Japan? 17 MR. EWING: I object, foundation. 18 There is no foundation that this witness has any 19 recollection of this conversation other than what 20 is written in the document and I object. The 21 document speaks for itself. You may answer. 22 A The document speaks for itself. 23 Q And it speaks for itself that their concern was 24 that Japan would ban PCB equipment 1/17/74? 25 MR. EWING: Same objections. You may WATER PCB-SD0000061238 PAUL G. BENIGNUS - 8-17-93 1 answer. 24 2 A Correct. 3Q It's your document, is it not, sir? You prepared 4 this, right? 5 A Right. 6Q Okay. So it seems to me you can speak for your 7 document, right? 8 MR. EWING: Object, it's argumentative, 9 but he can speak to the extent he has a 10 recollection of the conversation. 11 MR. PIETTE: I don't think that's the 12 law, Counsel. 13 MR. EWING: We can argue about that at 14 the appropriate time, Counsel. 15 MR. PECK: Paul, you just speak about 16 what your recollection is. If you have an 17 independent recollection separate from the 18 document, we talked about that. If the document is 19 all you know, then just refer to that. 20 BY MR. PIETTE: 21 Q The motor-run capacitor, based on your knowledge 22 going back as the technical person for Monsanto, 23 that would be the kind of capacitor that would go 24 into a compressor for air conditioning equipment; 25 is that correct? WATER PCB-SD0000061239 1A 2Q 3 4 5 6 7A 8Q 9 10 11 A 12 Q 13 14 15 A 16 17 18 19 20 21 Q 22 23 24 A 25 Q PAUL G. BENIGNUS - 8-17-93 25 Correct. So that the suppliers for an air conditioning manufacturer or the compressors for it, such as Tecumseh, would get their supplies of these capacitors from somebody manufacturing motor-run capacitors such as the names you just gave us? Right. Thank you. And you know that going back from your own knowledge, right, back in 1974? Correct. The next paragraph, if you read that, please, Paragraph 3 of your telephone call report dated 1/7/74 starting with, "Not knowing how else?" "Not knowing how else to approach this, they called for the same standards, quality specs and one-year minimum satisfactory field performance by the capacitor maker as required for approval of Arochlor capacitors normally used for air conditioners." And having read that now from your report, you would have accurately reported on what Tecumseh told you in that conversation? Yes. Okay. The next paragraph, sir, if you would read WATER PCB-SD0000061240 1 2A 3 4Q 5A 6Q 7 8 9 10 11 A 12 Q 13 A 14 15 16 17 18 19 Q 20 21 22 23 24 A 25 Q PAUL G. BENIGNUS - 8-17-93 26 that starting with, "Mr. Wisner said." "Mr. Wisner said that Tecumseh will not offer non-PCB capacitors unless they can guarantee them." Unless they can guarantee them? Unless they can guarantee them. And then the next paragraph starts with, "He said." Having read your report now and knowing what your practice was at that time, is it your understanding that when you refer to "he said," you're continuing to report on what Mr. Wisner told you? Yes. Would you read that next paragraph then, please. "He said that domesticly (USA) they do not want to disturb nor change their position regarding Aroclor capacitors. They do not want to increase size nor increase cost nor increase risk, to any extent possible, loss of the reliability and performance long provided by Aroclor units." Thank you for reading that paragraph, Mr. Benignus. Let me ask you this about that paragraph. Aroclor units refer Monsanto -- Strike that. Aroclor refers to Monsanto's product; correct? Right. So when he refers to an Aroclor unit, he's WATER PCB-SD0000061241 PAUL G. BENIGNUS - 8-17-93 27 1 referring to a capacitor that -- and you say he 2 also refers to an Aroclor capacitor in the first 3 sentence there, sir? 4A Yes. 5Q Okay. When you're referring to an Aroclor 6 capacitor or an Aroclor unit, that's referring to a 7 capacitor with Aroclor PCB fluid in them; is that 8 correct? 9A Right. 10 Q The next paragraph also starts out, does it not, 11 sir, with, "He said?" 12 A Yes. 13 Q Is it your understanding that this is, again, Mr. 14 Wisner that you're reporting on? 15 A I assume. 16 MR. EWING: Object, no foundation. 17 BY MR. PIETTE: 18 Q Well, your practice at that time in dictating a 19 report, you say it refers to, in the fourth 20 paragraph, Mr. Wisner. Do you see that? 21 A Yes. 22 Q And then the next paragraph you understood that as 23 being Mr. Wisner telling you that; correct? 24 A Yes. 25 Q Now I'm asking the same thing for this paragraph. WATER PCB-SD0000061242 1 2 3 4A 5Q 6A 7 8 9 10 11 12 Q 13 14 15 A 16 Q 17 18 19 20 21 22 23 24 A 25 PAUL G. BENIGNUS - 8-17-93 28 Would your practice have been to refer back to the gentleman that I previously identified, that is, in this case Mr.Wisner instarting that paragraph? Yes. Would you read thatparagraph, then,please. "He said that they sure hope that what they are doing to cover their position in the Japanese market will not result in weakening the PCB position domestically. He said that they do not expect PCB replacement in domestic air conditioner capacitors to occur until many years to come." Thank you for reading that, Mr. Benignus. That concludes the first page of your report, does it not, sir? Yes, sir. What did you understand Mr. Wisner to mean in stating to you that he sure or they sure hope that what they are doing to cover their position in the Japanese market will not result in weakening the PCB position domestically? MR. PECK: Only if you have a present understanding of that. If you have no recollection, then state that. I can't assume what was in his mind. I reported what he said. WATER PCB-SD0000061243 1Q 2A 3Q 4 5 6 7A 8Q 9 10 A 11 Q 12 13 14 15 A 16 Q 17 18 19 20 21 22 23 24 25 A PAUL G. BENIGNUS - 8-17-93 29 All right. And that's what he told you? That's what he told me. Let's talk about the second page of your report, if we may, Mr. Benignus. You start out the paragraph specifically referring to Mr. Wisner, do you not, sir? Yes, sir. So you're reporting on your conversation with Mr. Wisner at this point, are you not, sir? Yes, sir. Your paragraph says, does it not, this is the top of Page 2, "Yet Mr. Wisner seemed to know very little of what is being done to support this desire to retain PCB's." Did I accurately read that, sir? You did. What do you understand that tomean? MR. PECK: Again, if you have an independent recollection of that conversation, Paul. MR. EWING: I object, foundation. There is no foundation that he has any recollection other than what's written in the document. MR. PIETTE: You may tell us what your understanding of that means. I think what these gentlemen just said, it's a .........WATER 'PCB-SD0000061244 1 2 3Q 4 5 6A 7Q 8 9A 10 11 12 13 14 15 Q 16 17 18 19 20 21 A 22 Q 23 A 24 25 Q PAUL G. BENIGNUS - 8-17-93 30 very -- I wrote it the way I reacted to what he said. Let's go to the next paragraph. Are you again referring to Mr. Wisner in this paragraph starting with "He?" Yes, sir. Would you read the next paragraph starting, "He (speaking for Tecumseh)?" "He (speaking for Tecumseh) did not have the ANSI guide nor the FDA tolerance report. He did not know Aroclor 1016 and how it relates to prior PCB's relative to environmental problems. He pointedly said that, 'No one has been around to tell them anything along these lines.'" Thank you for reading that paragraph. Let me ask you some questions about some of the references within the paragraph. Let me repeat what I just said, Mr. Benignus. Let me ask you some questions about some of the references within the paragraph. You refer to the ANSI guide. Do you see that? Yes, sir. What do you mean by the ANSI guide? ANSI refers to American National Standards Institute. And is there a specific guide you're referring to WATER PCB-SD0000061245 1 2A 3Q 4 5A 6Q 7A 8 9Q 10 A 11 Q 12 A 13 Q 14 A 15 Q 16 A 17 18 19 20 21 22 23 24 25 PAUL G. BENIGNUS - 8-17-93 31 there? Number C-107. And you were on that committee, were you not, sir, as an alternate to Mr. Papageorge? That's all right. Is that fairly said? It doesn't matter. I was chairman of the steering committee. That's what I was asking you for. No, you didn't. I didn't say it right, did I. You didn't. You were chairman of the steering committee? Yes. What does that mean, sir? That means when this program of work was being formulated, I was asked to be chairman of the steering committee rather than chairman of a working committee. I wasn't going to do anything other than for many years I knew the people in the industry and I would have known who to call on in government, in academia, in industry, in capacitor makers, Monsanto and so forth who should be invited, EPA, who should be invited to work on this committee. WATER PCB-SD0000061246 1Q 2 3A 4 5Q 6 7 8A 9Q 10 11 12 13 A 14 Q 15 16 17 A 18 Q 19 A 20 21 22 23 24 25 PAUL G. BENIGNUS - 8-17-93 32 Because of all your background and experience with Monsanto? Because of my background of knowing people, which was a privilege of having been at Monsanto. And the title of that -- or do you recall what the title of that ANSI standard was, that C-107, just in general? I don't recall the title at the moment. Does it refresh your recollection if I suggest American National Standard Guidelines for Handling and Disposal of Capacitor and Transformer Grade Askerels Containing Polychlorinated Biphenyls? This is very correct. Okay. And that is the ANSI committee that you were the chairman of the steering committee for, is that right? Yes, sir. And Askerels, what does that mean? Askerels is a generic name for these type of nonflammable dielectrics under this generic name, as we already referred to Aroclor as Monsanto's trade name. GE's trade name was Pyronol. Westinghouse was Inerteen. Allis-Chalmers was Chlorextol, C-H-L-O-R-E-X-T-O-L. The makers of the capacitors and the makers of the transformers used WATER PCB-SD0000061247 1 2 3Q 4 5A 6Q 7A 8Q 9A 10 11 12 13 Q 14 A 15 Q 16 17 18 A 19 Q 20 A 21 Q 22 23 A 24 Q 25 PAUL G. BENIGNUS 8-17-93 33 their own trade names and there's a list of these. I have given examples. Even though all of these trade names contained Aroclor's or PCB's? Correct. And you stated -- Excuse me. Sure. Go ahead. Because Aroclors, PCB's, qualified as being Askerels as specified and documented at the American Society for Testing and Materials Standards. Also known as ASTM? Known as ASTM. Did I hear you say that Westinghouse's trade name -- I'm sorry -- the Westinghouse trademark or trade name for their dielectric fluid was Inerteen? Yes. I-N-N-E-R-T -- I-N-E-R-T-E-E-N. And Inerteen would have contained Aroclors or PCB's? Correct. It's true, then, that Monsanto sold PCB's or Aroclor's, I should say, to Westinghouse as well as Trm tan a\ WATER" PCB-SD0000061248 1 2A 3Q 4 5 6A 7Q 8A 9Q 10 A 11 Q 12 13 A 14 Q 15 16 17 18 19 A 20 Q 21 A 22 Q 23 24 A 25 Q PAUL G. BENIGNUS - 8-17-93 34 GE and the other companies you mentioned? Correct. This ANSI committee that you were on, the chairman of the steering committee, that started in the early-1970's, did it not? Yes. Do you recall when? Wait a minute. Go ahead. Approximately. Do you recall when you were chairman of that steering committee, approximately? The early-*'70's. Okay. You mentioned before about all these people that you would have known, representatives of these various companies and government agencies and so forth. Were a lot of them or all of them part of this committee? Not all. But a lot? But all invited. Okay. Did a lot of them participate in this committee? Excuse me? Did a lot of them participate on this committee for "" WATER PCB-SD0000061249 1 2A 3 4Q 5A 6Q 7A 8Q 9 10 A 11 Q 12 A 13 Q 14 15 16 A 17 Q 18 19 20 21 A 22 Q 23 A 24 25 PAUL G. BENIGNUS - 8-17-93 35 ANSI? I don't know what "a lot of them" signifies, sir. They were highly qualified people. How many were on your committee? I didn't have a committee. You were chairman of a steering committee? And I didn't have the committee. All right. How many were on the committee itself? Do you recall that, sir? That's reported. Yes, I understand. I can't recall the exact number. All right. Was one of the purposes of that committee to deal with the proper disposal of PCB's? That's what it was all about. Returning now to your report, I want to ask you another question about that second paragraph on Page 2. You refer to the FDA tolerance report. Do you see that, sir? Yes. What do you mean by that? I don't recall this specifically, but FDA, obviously, is the Food and Drug Administration. He did not have the ANSI guide nor the FDA tolerance WATER PCB-SD0000061250 5 PAUL G. BENIGNUS - 8-17-93 36 1 report. I didn't have it myself, either, but he 2 said he didn't have this and so I reported it. 3 There must have been such. 4Q In other words, he told you that? 5A Yes. That's how I knew this. 6Q Okay. So he told you -- 7A He did not have it. 8Q -- that he did not have it? 9A Excuse me. 10 Q You go ahead. 11 A He told me he had neither the ANSI guide nor the 12 FDA tolerance report. 13 Q And he also told you that he did not know Aroclor 14 1016? 15 A Right. 16 Q And how it relates to prior PCB's relative to 17 environmental problems? 18 MR. EWING: Objection, foundation. 19 BY MR. PIETTE: 20 Q Correct? 21 MR. EWING: Object, foundation. There 22 is no foundation that the witness has any 23 recollection about this document other than what it 24 says and the document speaks for itself. 25 BY MR. PIETTE: WATER'PCB-SD0000061251 PAUL G. BENIGNUS - 8-17-93 37 1Q I read exactly what your report says, did I not? 2A Right. 3Q That's what he told you? 4A That's what he told me. 5 MR. EWING: Object, foundation. 6 BY MR. EWING: 7Q Will you tell me, please, what is meant by or what 8 your recollection of Aroclor 1016 is, if you have a 9 recollection? 10 A I do. 11 Q Okay. If youwould, please. Thank you. What is 12 Aroclor 1016? 13 A Aroclor 1016 isessentially Aroclor 1242, which had 14 been the prevalent PCB used for the type of 15 capacitors we're talking about. Aroclor 1016 has a 16 lower content of the slower to biodegrade isomers 17 in it than did the prior Aroclor 1042. This was a 18 move, an effort by Monsanto to satisfy 19 environmental objection to the slower biodegrading 20 PCB isomers. 21 Q The next paragraph, sir, if you would read that 22 starting with, "However, what he does have." 23 A "However, what he does have is a copy of GE's 24 promotional brochure entitled, 'New Econol non-PCB 25 Impregnated 26-F Capacitors for General WATER PCB-SD0000061252 1 2 3Q 4 5 6A 7Q 8 9A 10 Q 11 A 12 Q 13 14 15 A 16 Q 17 18 A 19 20 21 22 23 Q 24 25 A PAUL G. BENIGNUS - 8-17-93 38 Applications Including Power Supply and Motor Run.'" Thank you for reading that paragraph, Mr. Benignus. Do you recall what GE's promotional brochure was that is referred to in that paragraph? I assume so. I mean, you have a recollection that there was such a promotional brochure? Yes. Had you ever seen it or read it? Do you recall? I have seen it. Okay. He, Mr. Wisner, told you he had a copy of that GE promotional brochure with that title. That's what yourreport states? I so state. Okay. Would you read the last paragraph, then, of your report, sir. "He appreciated myphone call, but asdescription of details began to consume time, I sensed that Mr. Wisner sought to get back to his more normal and immediate chores. I thanked him, as we appreciated having his views." And that concluded your report, your telephone call report? Yes, sir. WATER PCB-SD0000061253 PAUL G. BENIGNUS - 8-17-93 1 Q Correct? 39 2 A Yes, sir. 3Q I want to ask you a follow-up question, sir, with 4 respect to your explanation of Aroclor 1016 and 5 Aroclor 1242, the two Monsanto products for this 6 dielectric fluid. 7A Yes, sir. 8Q The Aroclor 1016 that'sreferred to inyour report, 9 your telephone call report of January 7, 1974, that 10 is the Monsanto product that was available at that 11 time in 1974; is that correct? 12 A That's correct. 13 Q The earlier Monsantofluid, Aroclor 1242,would 14 have been available for capacitors earlier than 15 1974; is that correct? 16 A That's correct. 17 Q Do you recall when, sir, thatchange was made from 18 Aroclor 1242 to Aroclor 1016, approximately? 19 A I don't recall it specifically. I should know, 20 because I introduced that 16 myself. I just don't 21 recall the exact date. 22 Q Okay. Earlier than 1974 is the best you can tell 23 us? 24 A I would think so. Well, it had to be. 25 Q It had to be, right? -- - WATER PCB-SD0000061254 PAUL G. BENIGNUS - 8-17-93 40 1A I think you're right. It was between 1970 and 2 1974. 3Q All right. Thank you for that. 4A It had to be. 5Q All right. Thank you, sir. After having made this 6 telephone call report in connection with this 7 telephone conversation with Tecumseh, did you have 8 any further follow up or involvement with this 9 subject matter at all? 10 A With who? 11 Q With anyone at Tecumseh, at Monsanto, anything at 12 all that you recall after this 1/7/74 telephone 13 call report? 14 A I was still atMonsanto working. 15 Q Okay. I understand. But do you recall any further 16 involvement with Tecumseh after this telephone call 17 report? 18 A No, sir. 19 MR. PIETTE: Thank you. That's all I 20 have, Mr. Benignus. That you very much for your 21 time and your patience. 22 EXAMINATION 23 MR. MR. EWING: 24 Q Mr. Benignus, as I introduced myself before we 25 started the deposition, my name is Tom Ewing and I TXT/-I / A -I A \ WATER" PCB-SD0000061255 PAUL G. BENIGNUS - 8-17-93 41 1 represent Tecumseh Products in this lawsuit that 2 brings us all together. Had this letter not been 3 shown to you, do you have any independent 4 recollection of this telephone conversation? 5 MR. PIETTE: Object to the form of the 6 question. You don't mean letter, you mean 7 telephone call report. 8 BY MR. EWING: 9Q Had this telephone call report not be shown to you, 10 do you have any independent recollection of this 11 telephone conversation with Mr. Wisner and/or Mr. 12 Jacoby? 13 A Not when it was shown to me. 14 Q All right. And Mr.Piette went through the 15 telephone call report paragraph by paragraph and 16 had you read the paragraphs into the record. You 17 recall that? 18 A Right. 19 Q Other than what's stated in the document, do you 20 really remember anything about this telephone 21 conversation? 22 A No, sir. 23 Q And I would like you to direct your attention to 24 the second page of the call report and read into 25 the record something that Mr. Piette did not ask ,,,, .........WATER PCB-SD0000061256 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 A 23 24 25 PAUL G. BENIGNUS - 8-17-93 42 you to read into the record. Would you read into the record the entire Paragraph Two which starts out, "He, speaking for Tecumseh." Would you read that entire paragraph? MR. PIETTE: Excuse me. I am going to object to the form of the question. He did read the entire paragraph. If there is a word that was left out, I'm sure it was inadvertent by Mr. Benignus, and your reference to me saying that I did not ask him to read the entire paragraph is incorrect and I'm going to object to your statement contained within your question that I did not ask him to read the entire paragraph. I think the record will speak for itself and I'm going to move to strike that portion of your question referring to me at the time of trial so that that portion of your question I will be asking the trial judge to strike from this record. MR. EWING: You may answer, Mr. Benignus. Would you read that entire paragraph into the record, please. "He (speaking for Tecumseh), did not have the ANSI guide nor the FDA tolerance report. He did not know Aroclor 1016 and how it relates to prior PCB's relative to environmental problems. He pointedly titr nrrnA'nmTMr* tvt/-* t A *\ A \ s-n *\ a a tz rz WATER PCB-SD0000061257 PAUL G. BENIGNUS - 8-17-93 43 1 said that, 'No one has been around to tell them 2 anything along these lines.'" 3 MR. EWING: Thank you, sir. That's all 4 the questions that I have. 5 MR. PIETTE: Thank you, Mr. Benignus. 6 Anybody else? 7 (No response.) 8 (Whereupon, the deposition was concluded 9 at 11:05 a.m.) 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 TTH r -r-r x T-irr nTTTlAnrnTKTP TMP 1( A A \ WATER PCB-SD0000061258 44 1 STATE OF WISCONSIN ) 2 MILWAUKEE COUNTY ) SS: 3 4 I, KATHY A. HALMA, Registered 5 Professional Reporter and Notary Public in and for the 6 State of Wisconsin, do hereby certify that the deposition 7 of PAUL G. BENIGNUS was taken before me at Fischer's 8 Restaurant, Belleville, Illinois, on the 17th day of 9 August, 1993, commencing at 10:00 o'clock in the forenoon. 10 That it was taken at the instance of 11 the Defendants upon verbal interrogatories. 12 That said statement was taken to be 13 used in an action now pending in the State of Wisconsin, 14 Circuit Court, Sheboygan County, in which TECUMSEH 15 PRODUCTS COMPANY, a Milwaukee Corporation is the Plaintiff 16 and THE TRAVELERS INDEMNITY COMPANY, MARYLAND CASUALTY 17 COMPANY, CONTINENTAL CASUALTY COMPANY, AMERICAN EMPLOYERS 18 INSURANCE COMPANY, HARTFORD ACCIDENT & INDEMNITY COMPANY, 19 INSURANCE COMPANY OF NORTH AMERICA, FIRST STATE INSURANCE 20 COMPANY, THE HOME INSURANCE COMPANY, MICHIGAN MUTUAL 21 INSURANCE COMPANY, STONEWALL INSURANCE COMPANY, AFFILIATED 22 FIRST MORTGAGE INSURANCE COMPANY, ALLSTATE INSURANCE 23 COMPANY OF NEW YORK, JEFFERSON INSURANCE COMPANY OF NEW 24 YORK, UNITED STATES FIRE INSURANCE COMPANY and PURITAN 25 INSURANCE COMPANY are the Defendants. HM.MJ-.TTT.171f PHPnRT'TMR TMf!. U141 971-44fifi WATER PCB-SD0000061259 45 1 APPEARANCES 2 FOLEY & LARDNER, 777 East Wisconsin 3 Avenue, Milwaukee, Wisconsin, 53202, by MR. THOMAS C. 4 EWING, appeared on behalf of the Plaintiff. 5 SONNENSCHEIN, NATH & ROSENTHAL, One 6 Metropolitan Square, Suite 3000, St. Louis, Missouri, 7 63102, by MR. MARK D. RABE appeared on behalf of the 8 Defendant, The Travelers Indemnity Company. 9 OTJEN, VAN ERT, STANGLE, LIEB & WEIR, 10 S.C., 700 North Water Street, Suite 800, Milwaukee, 11 Wisconsin, 53202-4206, by MR. PAUL J. PYTLIK, appeared on 12 behalf of the Defendants, Hartford Accident & Indemnity 13 Company and First State Insurance Company. 14 PIETTE Sc JACOBSON, S.C., 1233 North 15 Mayfair Road, Suite 204, Milwaukee, Wisconsin, 53226-0577, 16 by MR. RONALD L. PIETTE, appeared on behalf of the 17 Defendant, The Home Insurance Company. 18 POPE & JOHN, LTD., 311 South Wacker 19 Drive, Suite 4200, Chicago, Illinois, 60606, by MS. 20 KRISTIN A. O'BRIEN, appeared on behalf of the Defendant, 21 Affiliated First Mortgage Insurance Company. 22 SMITH, HELMS, MULLISS Sc MOORE, Suite 23 1400, 300 North Greene Street, P.O. Box 21927, 24 Greensboro, North Carolina, 27420, by MR. TIMOTHY PECK, 25 appeared on behalf of Monsanto Company. UTA T MIC _TTT TPV T? TP "DO "PH1 TAT (71 TMC Ul/O 071-AAfiS WATER PCB-SD0000061260 46 1 That said deponent, before examination, 2 was sworn to testify the truth, the whole truth, and 3 nothing but the truth relative to said cause. 4 That the foregoing is a full, true and 5 correct record of all the proceedings had in the matter of 6 the taking of said deposition, as reflected by my original 7 machine shorthand notes taken at said time and place. 8 9 10 11 12 13 14 15 16 In and for the State of Wisconsin 17 18 19 20 Dated this 4th day of September, 1993, 21 Milwaukee, Wisconsin. 22 23 My commission expires October 16, 1993. 24 25 W&T.MA-.TTT.-RK REPORTING . TNG. (4141 271-4466 WATER PCB-SD0000061261 47 1 CERTIFICATE OF WITNESS 2 3 4 5 6 I have read the foregoing pages and 7 8 corrections, if any, have been noted, and the same 9 10 is a true and correct transcript of my testimony. 11 12 13 14 A-iLL. 15 PAUL G. BENIGNUS 16 17 18 19 20 21 Dated at -c H/JA -T'l- 22 (City) (State) 23 24 this day of "OFFICIAL SEAL8 25 CA20L fi. mu Notary Public, State -? mtnols lly emission Cxplnt mil% l , 1993 c-t- HALMA-JILEK REPORTING, INC. (414) 271-4466 WATER PCB-SD0000061262 ERRATA SHEET DO NOT WRITE ON THE TRANSCIPT. Change(s) should be made in the spaces below. Sign this form and the "Certificate of Witness" form when you have completed reading this transcript. PAGE # LINE CHANGE jj.. ?* REASON a -- /Vl J I'A 4/ - >*A /Tv / "/rn (U & / 7i -/v n is$-V J7 1C uni/ A/A/^AA /0tC (tA TT7 777 * > ;> '0 . / <9 H 2' A/df %/^f !\/' A/r "i6 (< //-:/xu\ 'v SIGNATURE DATE d id /J / '/'AAA Jyj> (AyC /^;'L WATER PCB-SD0000061263 47 1 CERTIFICATE OF WITNESS 2 3 4 5 6 I have read the foregoing pages and 7 8 corrections, if any, have been noted, and the same 9 10 is a true and correct transcript of my testimony. 11 12 13 14 15 PAUL G. BENIGNUS 16 17 18 19 20 21 22 (City) (State) 23 24 this----------------------day of-------------------------------------, 1993. 25 HALMA-JILEK REPORTING, INC. (414) 271-4466 WATER PCB-SD0000061264 ERRATA SHEET DO NOT WRITE ON THE TRANSCIPT. Change(s) should be made in the spaces below. Sign this form and the "Certificate of Witness" form when you have completed reading this transcript. PAGE # LINE CHANGE REASON SIGNATURE DATE WATER PCB-SD0000061265