Document mm0wBLed0yZDzvXgbJjYoBJDO

In The Matter Of: Nevada Power Company v. Monsanto Company, et al Paul Benignus April 2, 1993 Concannon &Jaeger General Court Reporters 705 Olive Street - Suite 604 St. Louis, MO 63101 (314) 421-1000 Original File BENIGNUS.DEP, 106 Pages Word Index included with this Min-U-Script STLCOPCB4023521 Nevada Power Company v. Monsanto Company, et aL Paul Benignus _____________________ April 2, 1993 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEVADA NEVADA POWER COMPANY) Plaintiff, ) -vs*" ) # CV-S-89-555-LDG (LRL) MONSANTO COMPANY, et al.,) Defendants.) DISCOVERY DEPOSITION OF PAUL BENIGNUS On the part of the Plaintiff April 2, 1993 Page 2 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEVADA NEVADA POWER COMPANY, ) Plaintiff. ) -vs- ) # CV-S-89-S55-LDG (LRL) MONSANTO COMPANY, et al.,) Defendants.) DISCOVERY DEPOSITION OF WITNESS, to be used in an action pending in the District Court of the United States, for the District of Nevada, wherein NEVADA POWER COM PANY is Plaintiff, and MONSANTO COMPANY, et al., are the Defendants, pursuant to Notice, under the provisions of Rule 26 of the Rules of Civil Procedure, taken on April 2, 1993, at the law offices of Messrs. Husch & Eppenberger, 100 N. Broadway, St. Louis,-Missouri, before MarkD. Concannon, a Notary Public within and for the State of Missouri. APPEARANCES The Plaintiff was represented by Attorney Ralph A. Bradley of the law firm of Jones, Jones, Close & Brown, Chartered, 700 Bank of America Plaza, 300 South Fourth Street, Ste. 700, Las Vegas, Nevada 89101, and Richard Hinckley, Vice-President/General Counsel, Nevada Power. The Defendant, Monsanto, was represented by Attorney Bruce A. Featherstone of the law firm of Kirkland & Ellis, 1999 Broadway, Ste. 4000, Denver, Colorado 70202. Page 3 APPEARANCES(xontinuing) The Defendant, Westinghouse, was represented by Attorney Laurie Basch of the law firm of Weil, Gotshal & Manges, 767 Fifth Avenue, New York, New York 10153, and : Peggy A. Leen of the law firm of Thomdai, 8ackus, Maupin & Armstrong, 1100 E. Bridger Avenue, Las Vegas, Nevada 89125-2070. The Defendant, General Electric, was represented by Attorney Steven R. Kuney of the law firm of Williams & Connolly, 725 12th Street. N.W., Washington, D.C. 20005. Also present: Liz Gini, paralegal. Pago 4 [i] PAUL BENIGNUS, [2] of lawful age, being first duly sworn to tell the truth, 131 the whole truth, and nothing but the truth, deposes and [4i says on behalf of the Plaintiff, as follows: [31 DIRECT EXAMINATION 16] QUESTIONS BY MR. BRADLEY: [7] Q: Would you please state your name and spell (si your last for the record? 19] A: Paul Benignus. It's spelled B, as in boy, no] B-e-n-i-g-n-u-s. in] Q: Mr. Benignus, my name is Ralph Bradley, and we [12] introduced oursel ves to one another a few moments ago; is [i3i that true? Ii4i A: That's correct. [151 Q: You understand that I represent Nevada Power [i6] Company in this law suit they've brought against Monsanto, [17] General Electric, and Westinghouse? [18] A: Yes. [19] Q: Are you here today represented by an attorney? [20] A: Yes. [21] Q: All right. Do you know the pur poses of a [22] deposition? [231 A: Yes, sir. [24] Q: If I ask a question during this deposition [25] that you don't under stand, will you tell me? Page 5 Hi A: Yes, sir. [21 Q: And if at any time you want to take a break [31 for whatever reason, you let us know and we'll accommodate [4] you. All right? [5] A: Yes. [6] Q: Did you review any materials in preparation [7] for today's deposition? [8[ A: Not specifically. However, I have seen [9] materials that you have, some of them. I don't know to [ioi what extent, [ill Q: Well -- [i2i A: I have no special preparation to be here. [13] Q: What is your residential address? [14] A: 47 Metcalf, M-e-t-c-a-l-f, Drive, Bel leville, [15] B-e-l-l-e-v-i-l-l-e, Illinois 62223. [i6] Q: Have you had your deposition taken before? [17] A: Yes, sir. [is] Q: When is the most recent time you have had your U9) deposition taken? [20] A: I can't give you the exact time. I will [2ii estimate this as being two years ago. [22] Q: Did that deposition relate to polychlorinated [231 biphenyls? [24) A: It related to a transformer that did contained [251 polychlorinated biphenyls, an askarel, a-s-k-a-r-e-1, type Page 6 [l] transformer. [21 Q: Do you remember the name of that lawsuit in [31 which you had your deposition taken two years ago? [4] A: I think it was called one something plaza in [5] San Francisco. [6] Q: Have you had your deposition taken at any [7] other time where the subject matter of the deposition was [8] at least in part related to askarel or polychlorinated [91 biphenyls? [ioi A: Yes. HU Q: What other depositions have you given on that [12] topic? [ 131 A: There was a -- I'm trying to think of these. [14] There weren't many. There was a case -- In addition to [i5] this one that I mentioned, there was a case in Houston [16] where I testified. [17] Q: Do you remember the name of that case? [is] A: I don't know the specific title, but it [i9i involved Westinghouse employees. [20] Q: And how did it involve Westin ghouse employees? . [2i] A: They were people who had worked with askarel. [221 Q: Were they alleging that they were injured by [23] exposure to askarel? [24] A: This is what they alleged. [25] Q: Did you testify in the trial of that case? Page 7 [1] A: No. [2] Q: Just had your deposition taken? [31 A: Just had my deposition. I've never been in [4] any trial. [5] Q: Do you recall having your deposi tion tran- [6] scribed and put in a little booklet? [7] A: Yes. [8] Q: Did you sign an original copy of that booklet? [9] A: I would assume so, that I signed it, yes. [ioi Q: Do you have a copy of dtat deposition? Hi] A: I'm not absolutely sure. I may have. I did [121 have at one time. [13] Q: All right. Any other cases that you have [14] given depositions in? [151 A: There was another case that I think I gave a [161 deposition on, and that involved, I think, a landfill in [171 Bloomington, the City of Bloomington, Indiana. [18] Q: All right. Do you know whether you have a [191 copy of the transcript of the deposition you gave regarding [20] the testimony of the landfill in Bloomington? [2i] A: I'm not sure that I have. I may have; I'm not [221 sure. [23] Q: Have you given your deposition in any other [24] cases where the subject matter was at least in part related [25] to PCBs or askarel? Page 8 [i| A: I think I -- The total, I don't think, exceeds [21 four, and I don't keep these clearly documented in my mind. [31 I think there was a case in Jacksonville, Florida -- I [4| think; I'm not sure -- where there was a relatively new [5| building that had askarel transformers in it. [6] Q: And what was there about the rela tively new [7] building with askarels in it that resulted in your having [8| your deposition taken? Did the transformer explode? [91 A: No. There was no trouble what soever. [10] Q: Do you know why your deposi tion was taken in [ii] that case? [12] A: I would say, yes. As I understood it, some- [13] one took it upon themselves to pass judgment, which need U4] not have been done.as I recall this, and these Concannon & Jaeger (314) 421-1000 Min-U-Script Page 2 - Page 8 STLCOPCB4023522 Paul Benignus April 2,1993 _____________ Nevada Power Company v. Monsanto Company, et aL perfectly [i5i good, nortpal, operating transformers were removed, and, [i6] being removed, they were replaced with other equipment. U7] Q: And let's go back for a moment to the case in [is] Houston involving the Westinghouse employees. Do you know [19] what the purpose was in having your deposition taken in po] that case? [21] A: To testify about askarels and their proper- [221 ties. [23] Q: Did you testify about your work history with [24| Monsanto in the case in Houston? 1251 A: Yes. ' Page 9 HI Q: Did . you testify regarding any warnings [2] Monsanto may have given to Westinghouse employees regarding 13] askarel? [4] A: The warnings we gave to everybody was -- [5] MR. FEATHERSTONE: He just asked you whether [6] you testified on that subject. [7] THE WITNESS: Oh, excuse me. Did I misinter- [8] pret that? [9] Q: (by Mr. Bradley) The question is not what you 1101 said, but whether you testified about that subject, whether [uj you testified about warnings that Mon santo gave to [i2| Westinghouse employees regarding askarel. 1131 A: We would have given -- [14] MR. FEATHERSTONE: Paul, the question simply (15] was whether you recall testifying on that subject matter, [16] not the contents of the warnings. Just, do you remember [i7] being asked about warnings? [is] THE WITNESS: I don't recall. Maybe I don't [i9| understand the question. [20] Q: (by Mr. Bradley) Well, if you don't recall, [211 you should tell us you don't recall. [22] A: Let's leave it I don't recall. [23] Q: Okay. I want to go into your educational [241 background, and let's start with receiving your Bachelor's 125J Degree. Page 10 [i] A: That was at Illinois College, Jack sonville, [2] Illinois; Bachelors Degree; Major, chemistry; Minors, [3] education and physics; and it was in 1933. [4] Q: Where did you get your Master's Degree? [5] A: It was at Washington University, St. Louis, [6] Missouri -- . [7] Q: Okay. [8] A: -- 1934, organic chemical syn thesis. Page 9 - Page 13 [9] Q: Organic chemical synthesis was an area that fioj you studied for receipt of your Master's Degree? Hi] A: Yes. [12] Q: And was your Major in organic chemistry? fi3l A: Yes. . [14] Q: And you received that in 1934? [15] A: 1934. [16] Q: Did you write a paper to enable you to receive [17] a Master's Degree? [is] A: Yes. [i9] Q: What was the subject matter of your Master's [20] thesis? [2i] A: The oxidation ofphthalid,p-h-t-ha-l-i-d, to [22] orthophthalaldehyde, p-h-th-a-l-d-y-d, acid. [23] Q: What did you do when you com pleted your [24] Master's Degree? [25] A: I went to work. Page 11 [1] Q: For whom' [2] A: I worked for a very brief time at Western [31 Cartridge in Alton. . [4] Q: What work did you do for them'' [5] A: I was running a detonator plant. This is a [6] plant that manufactured pow ders and explosives and [7] detonators, but I was there only a short period of time. [8] Q: And what did you do next for work? 19] A: The next place I went, I went with Monsanto [io] when a job opened there. So I began there in 1934. [ii] Q: What job tide did you have when you began [12] work with Monsanto? [i3i A: I began, like all beginners, no utle. I was [14] in the analytical laboratory, and was there for two years. [15] Q: What work were you doing in the analytical [16] laboratory? [17] A: Analyzing the chemicals that Monsanto pro- uai duced. [19] Q: During that period of time did you analyze any [20] chemicals that con tained polychlorinated biphenyls? [21] A: No, sir. [22] Q: Did you analyze any chemicals that contained [231 chlorinated diphenyl? [24] A: No, sir. [25] Q: What was your next -- Did if you have a job Page 12 Hi title when you left the analytical laboratory? [2] A: Really not. 13] Q: What work did you do after you left the [4i analytical lab?_______________ 15] A: After that I went into advanced sort of [6] specialized analytical laboratory work. [7] Q: How did that differ, if at all, from the [8i analytical work you did when you began with Monsanto? 191 A: Essentially, not. [io] Q: Were you then also working in the analytical [11] laboratory? [121 A: No. It was in a different separate section. [13] Q: Which section was it in? [141 A: I refer to it here merely as a room. [15] Q: All right. And what work did you do as an [16] advanced analytical lab -- in your work with advanced [17] analyti cal laboratory work? [i8i A: I don't recall specifically what we all worked [19] on, but it would have related to the chemicals that the 1201 company was making in some form or another. [21] Q: Still analyzing chemicals that Monsanto [22] produced? (23! A: Yes. In essence, correct. [24] Q: How long did you do advanced analytical [25] laboratory work? Page 13 [1] A: I think, for a year. Not much more. [2] Q: During that year did you analyze any chemi- [3] cals manufactured by Monsanto that contained chlorinated [4i diphenyl? [5] A: No, sir. [61 Q: What did you do next? [7] A: Next I worked as what they call a plant [8] chemist, where I was more directly working in a production (91 of chemicals. [io] Q: Where were you a plant chemist? (ill A: This was all on South Second Street, at St. [12] Louis. [131 Q: What was the name of the plant, if there was a [i4] name, where you were a plant chemist? [is] A: It was called the John F. Queeny Plant, in 116] honor of the founder of Monsanto. [17] Q: And when did you begin work as a plant (i8i chemist? [19] A: Well, approximately three years after I [20] started in '34. It must have been somewhere around '37. [21] Q: What work did you do as a plant chemist? [22] A: I did the analytical, or control -- better [23] call it control analysis required in the manufacturing [241 process of the department I was working for. [25] Q: Which department were you working for?_________________________ Min-U-Script Concannon & Jaeger (314) 421-1000 STLCOPCB4023523 Nevada Power Company v. Monsanto Company, et aL , . Page 14 Hi A: I was in a department that produced salicylic [2] acid and another department that was involved in the m production of an intermediate for sac charin. [4] Q: How long were you a plant chemist? [5] A: I think, approximately two years. [6] Q: As a plant chemist you did not work with [7] polychlorinated biphenyls or chlorinated diphenyl, I [8j assume? [91 A: That is correct. [ioi Q: What did you do next? UU A: Next, I went into the research department of [12] the organic chemicals division, same location. (131 Q: Did you have a job title when you went into [i4i the research department? US] A: Really not. Just chemist. (i6i Q: What work did you do when you went into the [i7i research department of the organic chemicals division? [18] A: Specifically, in the group I was with, was (191 application research. (201 Q: What is application research? [2ii A: That is applying, working on the use of (22) chemicals, as differentiated from the production or basic [231 re search of chemicals. [24i Q: How long were you in the re search department [251 of the organic chemicals division? Page 15 m A: From 1939 until, I believe, 1942, early '42,1 [2] believe. [31 Q: During the time you were in the research (4| department of the organic chemicals division, did you do (51 any work with chlorinated diphenyl or polychlorinated (6| biphenyls? [7i A: Not that I recall. I don't think I did. [8i Q: What did you do next? [91 A: Next, in 1942,1 was in the organic chemicals [ioi division's development department. UU Q: Was that also at the John F. Queeny Plant? (i2| A: Yes. [131 Q: What work did you do in the or ganic chemical [hi division's develop ment department? [151 A: I had a laboratory, my own laboratory, and I [i6] did whatever the development department needed or wanted [17] done that required laboratory work. [is] Q: What kind of work did the development depart- (19| ment ask you to do when you were in the organic chemical [2oj division's development department? [2ii A: One of the prime things, if not the prime [22] thing, was working with pentachloro, p-e-n-t-a-c-h-l-o-r-o, [231 phenol, p-h-e-n-o-1. [24] Q: What work were you doing rela tive to penta- [251 chlorophenol? Page 16 HI A: Pentachlorophenol was developed as a wood [21 preserver to protect wood against termites and fun gus. 131 Q: How long were you in the organic chemical [4j division's development department? ' [51 A: Until about 1946. [6] Q: While you were in the organic chemical (7j division's development department did you do any work with [8i chlorinated diphenyl or polychlorinated biphenyl? [91 A: On a limited basis, I did. [101 Q: What did you work with? HU A: Aroclor was Monsanto's trade name for this. [12] Q: And back between 1942 and 1946 was Aroclor [131 considered to have chlorinated diphenyl as part of its [14] composition? [151 A: Well, Aroclor is chlorinated biphenyl, and [16] they're also chlorinated terphenyls, t-e-r-p-h-e-n-y-l-s. [17] Q: What work did you do with Aroclor when you (18| were in the or ganic chemical division's development [19] department? [201 A: I'd like to explain this so that you under- [21] stand it. I'll have to give you a bit of background on [22] this. [231 Q: That's fine. (24i A: The Aroclor, as it's now called, PCBs, those [251 were materials at that point in time that were produced in Page 17 m the inorganic division, which was An niston, Alabama. Now, [2] I was in the organic division at this time, in the develop- [31 ment department, and I was asked to run very routine, [4i ordinary things such as physical constants, typical normal [51 things, density, and so on and so forth - that type of [6] work. That was the extent of it. [7] Q: Explain to me what work you did with Aroclor [8] regarding physical con stants? [91 A: This had to do with specifications which were [101 established by the General Electric Company and the test (ii) methodology and procedures originally formulated and [121 specified by the General Electric Company. And then [i3i Monsanto, as the supplier ofthe PCBs, had to arrive at [ 14] conformity and agreement with General Electric Com pany that [i5i everything was orderly Concannon & Jaeger (314) 421-1000 Min-U-Script Paul Benignus April 2, 1993 from the standpoint of our being [161 able to provide what is wanted. [i7i Now, to expand on this, there also was docu- [18] mentation thereafter of these specifications, test methods, [ 19] at the American Society of Testing and Materials that was [20] in our country. And to expand that still further, that was [211 then disseminated through the Inter national Technical [221 Commission worldwide, to all countries where PCBs were of [231 interest, all in the interest of standardization. [24] Q: The specifications that you talked about, what [25] would those in clude? Page 18 UI A: The complete specification,every thing that [2] was of interest to the electrical industry. [31 Q: Give me some examples. [4] A: You have the bulletin here. I mean, the -- [51 MR. FEATHERSTONE: Well, Paul, give him some [6] examples of what you mean by "complete specifications," and [7i we're talking about the time that you were in the develop- [8| ment depart ment. I mean, for instance. [9] THE WITNESS: We're now going beyond the time [ 1011 was in the develop ment department. dll MR. FEATHERSTONE: But that's where he is in [ 121 his questions. [131 THE WITNESS: No, he isn't. You're behind. [14] MR. FEATHERSTONE: I may be, but that's where [15] we are. [i6i THE WITNESS: That's where you are. [i7i All right. I already said, going back, [is] retracting, I already said, in the development department I [191 worked on very ordinary, routine things in volved with the [20] physical constants and/or specifications of PCB materials. [211 Some of these very ordinary things are: density, color, (221 refractive index, odor - very ordinary things. [23] Q: (by Mr. Bradley) Including vis cosity? [24] A: Viscosity, thank you. Viscosity. [25] Q: All right.To whom did you report when you Page 19 UI worked in the organic chemical division's development [2] department? [31 A: To Mr. Lynn Watt, W-a-t-t-. [4] Q: Did you also report to Mr. Lynn Watt the [5] results of the standard routine work you were doing with [6| Aroclor? [71 A: Only from the standpoint that I did this. Page 14 - Page 19 STLCOPCB4023524 Paul Benignus April 2, 1993 Nevada Power Company v. Monsanto Company, et aL [8] Q: Were there any other people that you reported [9! to while you were in the organic chemical division's [ioi develop ment department regarding the stand ard work you were (in doing with Aroclor? [12] A: No, sir. ` [i3i Q: Okay. What did you do next? [mi A: Next was a relatively brief time in what they [ i5j call the sales development department of the organic chemi- [16] cals division. And my reason for going to that location, [17] which was in the same area, was stemming from my work in [18[ the development department during the war years when my [19] work was confined, restricted, strictly for military work (2oi to enhance the war effort. [2i] I had invented and developed a fungistat, (22i badly needed to protect military equipage, meaning things [23] made of cotton. And the problem was largely that in the [24| South Pacific cot ton fabrics deteriorated very rapidly. [25] This was before the advent of nylon, polyesters and the Page 20 . HI synthetics which are much more resistant to such degrada- [2] tion by fungi and so forth. [31Q: When you went to the sales department, it was [4] related to the development of the fungistat? [5| A: This is correct. [6| Q: What did you do next? [7] A: Next, and this brings us up to Oc tober, 1947, [8] I was invited by the inor ganic division to join that divi- [9) sion. Their business and management offices had been moved [io] from Anniston, Alabama, to our building on South Second [111 Street here in St. Louis. [121 Q: At the Queeny Plant? [i3i A: At the Queeny Plant, the home office of [Hi Monsanto. [151 Q: What work do you do beginning in October of [161 1947 with the inor ganic division? [i7| A: Specifically, my assignment was to handle all [i8[ nonelectrical applica tions for Aroclors, or as we're using [19] the term, PCBs. [20[ Q: What work did you do when you handled all non- [21] electrical applica tions for Aroclors or PCBs? (22i A: Whatever there was to pursue and to do with [231 the application of these, or use of these materials for [24] nonelectrical purposes. [251Q: Were you involved, then, in developing poten- Page 21 HI tial uses for Aroclor and PCBs in non electrical systems? ' (2] A: Essentially. However, it was more a matter of [31 pursuing uses that, an ap plication that people outside of (4| Mon santo had initiated or begun, rather than that Monsanto [5] initiated or developed to use. [61 Q: How long where you within the inorganic divi- [7] sion when you began -- Well, let me ask it this way: Did [8i you have a job title when you began your work with the [9] inorganic division in October of 1947? [ioi A: Yes. [ill Q: What was your job title? [121 A: The title was assistant director of develop- [i3i ment. [i4[ Q: How long were you the assistant director of U5i development? [161 A: Until the business was now moved from the [17] inorganic division into the organic division, and that was [18] in 1951 or early 1952. [i9i Q: Who was the director of develop ment forthe [201 inorganic division while you were the assistant director? [2ii A: Paul Louge, L-o-u-g-e. [22[ Q: Do you know whether Paul Louge is still (231 living? [24i A: The last time I spoke with Paul was about [251 three years ago, and I think he was ninety-seven. Page 22 Hi Q: What uses did you develop for Aroclor while (2) you were assistant director of development in the inor ganic [31 division? [4i A: As I said, it was more a matter that we pur- (51 sued applications rather than that we invented these [6] things. Now, this gets us initially into applications such [7] as plasticizers. [si Q: Were you -- While you were assis tant director [9] of development in the inorganic division, did you work on (101 developing Aroclors as plasticizers? [in A: Yes, I pursued this. Yes. [i2] Q: What other uses did you pursue relative to [131 Aroclor between October of 1947 and the end of 1951? [i4i A: These materials were used in seal ing com- (15) pounds, in adhesives, in lacquers, in paints. One would [16] in clude varnishes. [i7i Q: All right. Do you recall why it was that [is] during this four-year period of time you worked on the [191 develop ment of Aroclor with plasticizers? [20] A: Why it was? . [211 Q: Yes. You had indicated that some times, or [22j maybe all of the time -- it's not clearto me -- you were [231 respond ing to interests outside of Monsanto. [24] A: Yes. [251 Q: So I'm interested in knowing if there was some . Page 23 [i] business outside of Monsanto that asked Monsanto to develop [21 Aroclors for plasticizers? [3] A: Not specifically. However, when those uses [4] were recognized, like the -- an early use was the use of [5] Aroclor as a plasticizer fornitrocellulose, for ex ample. [6] What we would do is provide compatibility data and informa- [7] tion and other physical-property informa tion of interest. [8] We were merely providing a service. [9] Q: Do you recall whether the development of [ioi Aroclor in plas ticizers was a use that was brought about [ill through outside interests to Monsanto or whether it was 1121 developed through inside interests within Monsanto? [131 A: From outside interests, I would say.. [14] Q: Do you recall who it was outside ofMonsanto [15] that requested Aroclor's application or use within plasti- [16] cizers? [i7i MR. FEATHERSTONE: Requested or developed? [isi Your first question was developed and now you are to [19] re quested. [201 A: Many people. [2i] Q: (by Mr. Bradley) Okay. Do you recall the [221 names of any of the people? [231 A: Oh, I could, yes, sir. Aroclor was perhaps [24] the most widely used family of chemical compounds in the (251 his tory of organic chemistry. They were very widely used. ' Page 24 [l] Q: Do you recall whether your work as assistant [21 director of development with Aroclors and sealing compounds [31 was brought about from interests out side of Monsanto? [4i A: That would have been interests outside of [5i Monsanto, yes. [6] Q: While you were the assistant director of [7] development, did you have your own laboratory? . [8i A: At that point in time I did not have my own [91 laboratory. I had an office in St. Louis, and the [io] laboratory facilities were in the plant, research, and so [in forth, at Anniston, Alabama. [121 Q: In your work as assistant director of develop [131 ment in the organic division, would you -- [Hi A: Excuse me. Inorganic division. [i5i Q: Let me start that again. [16] A: Oh, wait a minute. [17] MR. FEATHERSTONE: Paul, let him ask his [18| question.__________________ _ Page 20 - Page 24 Min-U-Script Concannon & Jaeger (314) 421-1000 STLCOPCB4023525 Nevada Power Company v. Monsanto Company, et aL Paul Benignus April 2,1993 [191 Q: (by Mr. Bradley) In your work as assistant [2oj director of development in the inorganic division, I take [2i] it,then, that you did not develop the plasticizers that [22] contained Aroclor, correct? [23] A: Correct. [24] Q: Your work was limited to deter mining [25] compatibility data and other physical-property information Page 25 [1] requested outside of Monsanto. [2] A: This is correct. [3] Q: What work did you do next? [4] A: Next, and I think we already said in 1951 or [5] '52,Aroclorproducts,PCBs, were moved out of the [6] inorganic chemicals division and placed into the organic [7] chemicals division. [8] Q: What job title did you have when that move [9] occurred? [10] A: I really don't think any. [11] Q: All right. So whenever this move occurred, [12] you then were the assis tant director of development for the [i3l organic division? [14] A: No.That's what I meant by I didn't have a [15] title. We were moved, and I didn't use that title that I [16] had prior, and we were moved to the organic chemicals [17] division. Up to that period of time I had been working on [is] non electrical applications. But now, starting in 1952, [19] let's say, I then specialized -- began to specialize in [20] electrical applications. [2i] Q: To whom did you report when the inorganic [22] chemicals division was placed into the organic chemicals [23] division? What I mean is, after the move occurred, to whom [24] did you report? [25] A: Sy Newcombe, N-e-w-c-o-m-b-e. Page 26 in Q: And after that move occurred, did you have a [2] job title? [3] A: I don't recall. [4] Q: All right. And do you know whether Sy [5] Newcombe is still living? [6] A: I don't know. I think so; he's not an old [7] man. [8] Q: When is the last time you saw Mr. Newcombe? 191 A: Years ago. [io] Q: Okay. [ill A: He wasn't there long after I was put into his [121 area. [131 Q: All right. Did you report to some one other ;i4| than Sy Newcombe after the move from the inorganic to the [15] organic chemicals division? [id A: Yes. There were many, supposed ly, that I [17] reported to. [is] Q: Who did you report to after Mr. Newcombe? [19] A: George Buchanan took over from Newcombe, and [201 they were what they called the oil additives department. [2i] Q: The oil additives department of the organic [22] chemicals division? [231 A: Yes. [24] Q: How long did you work in the organic chemicals [25] division specializ ing or beginning to specialize in Page 27 [1] electrical applications for Aroclor? [2] A: Until I retired in 1974. 13] Q: Did you ever have a job title while you worked [4] in the organic chemicals division? [5] A: From time to time there were several titles [6] bestowed. I didn't re quest any. [7] Q: During -- Following the transfer in 1951 or [8] '52, were you always specializing in electrical applica- [9] tions for Aroclor? [101 A: Yes, sir. Strictly. [ii; Q: So your job functions remained the same. You [12] just may have had a different title or two in there? [13] A: Yes.Through those years from '52 to '74. [14] Q; Since your retirement in 1974, have you con- [i5] suited for Monsanto? [161 A; For a period of six months they asked me to [17] consult. Now, at that time, people sixty-five years old [i8] weren't supposed to work anymore. [19] Q: And did you consult with Mon santo following [20] the six months after you retired in 1974? [21] A: No. [22] Q: Have you done any work follow ing 1975 for any- [23] one other than Monsanto? [24] A: Meaning what? [25] MR. FEATHERSTONE: Have consulted for any- you Page 28 HI one else other than Monsanto, for instance? Or any busi- [2] ness employ ment, I think, is also covered by his question. 13] Q: (by Mr. Bradley) That's correct. Any busi- [4| ness -- [5] A: No. Not any business connections. I was [6i retired. And the reason I ask you instead of just answer- m ing. I'm still a lifetime member of the American Society [S] for Testing and Materials and have followed things and was [9] active to some extent in these technical or ganizations, but no] no commercial. [in Q: Did you get paid for the work that you did [12] with these technical or ganizations? [13] A; No. Concannon ,& Jaeger (314) 421-1000 Min-U-Script [14] Q: So, relative to salary and income, you've been [15] retired since 74 or 75, when you stopped your consulting [i6| work with Monsanto? [17] A: That's correct. [18] MR. BRADLEY: Would this be a good time to [19] take a short break? [20] MR. FEATHERSTONE: Sure. [21] MR. BRADLEY: Let's do that. [22] (Thereupon, a short recess was taken.) [23] Q: (by Mr. Bradley) I'm going to go back over [24] the period of time that you worked for Monsanto and try to [25] flush some things out, so that you know what I'm doing. Page 29 [1] When you began work for Monsanto, did you have [2] occasion to meet Dr. Emmett Kelly? 131 A: Yes. [4] Q: When did you meet Dr. Kelly? [5] A: He was the medical director, and Mr. Watt, my [6] boss -- Watt reported to Mr. Queeny,and Watt brought in [7] Kelly. [8] Q: I'm sorry. I didn't hear that. Watt reported [9] to? [io] A: Mr. Queeny, Edgar Queeny. HU Q: Okay. [12] A: So Watt had a position of authority, and he [131 brought in Emmett Kelly, setting up the medical depart ment. [14] Q: Was there a medical department within Monsanto [i5| when you began work there? [16] A: When I began work there, it wasn't really a [17] hundred percent within Monsanto. We had medical facilities [is] and advisement on a shared basis. There was, as I remem- [19] ber, a doctor on Broadway, a few blocks away, he had his [201 practice. [2i] Q: Do you recall roughly when Em mett Kelly was [22] brought into Monsan to? [23] A: Roughly, in 1935, let me say. I'm not sure. [24] Q: Do you know whether Dr. Kelly was the first [25] director of the medical department of Monsanto? Page 30 [1] A: A hundred percent, yes. [2] Q: Did you ever have any job respon sibilities in [3] the 1930s that caused you to work with Dr. Kelly? [4] A: No. [5] Q: Did you ever have job respon sibilities that [6] caused you to work with Dr. Kelly? [7] A: To the extent, certainly, as medical director, [8] anything that I compiled or published, I was subject to [9] having him Page 25 - Page 30 STLCOPCB4023526 Paul Benignus April 2,1993 Nevada Power Company v. Monsanto Company, et aL review and approve any ,medical mat ters. . [ioi Q: When was the first time that you published un something that Dr. Kelly approved for medical matters? [12] A: I believe 1954 would be my best estimate. [13] Q: And do you recall whether the material that [14] you submitted to Dr. Kelly for his review and approval on (i5i medical matters involved Aroclor? [16] A: This is what the publication was about. . [17] Q: And what publication was it? [18] A: I think it's entided, and I'm sure you have [19] it, "The Proper Handling of Aroclors in the Electrical [20] Industry." [2i] Q: Do you know whether in the 1930s Monsanto [221 provided chlorinated diphenyl to the Halowax Corpoiadon? [23] A: I don't recall anything like that. In the [24] 1930s? No. I don't know. I wouldn't be in a position to [25] know. ' Page 31 [il Q: Have you heard of the term "halowax"? [2| A: Well, certainly. 131 Q: When did you first hear that term? [4| A: Halowax, chlorinated naph thalene is a long [5] known organic com pound. [6] Q: Is it your understanding that halowax was m chlorinated naph thalene? [8] A: Yes. 191 Q: Was there ever a halowax that was a combina- [ioi tion of chlorinated naph thalene and chlorinated diphenyl? [ill A: I would say no. They're separate entities. 112] Q: Who informed you that halowax was chlorinated [131 naphthalene? [14] A: Well, I guess I knew that from my chemical -- [15] my background in chemistry. [16] Q: Is halowax a trade name? [17] A: Halowax is a trade name, yes. I have somewhat [is] misinterpreted your question. Halowax is a trade name for [19] chlorinated naphthalene. Nebranon wax is the German trade [20] name, N-eb-r-e-n-o-n. [2i] MR. BRADLEY: I'm going to be about two [22] minutes, so we can go off the record briefly. [23t (Thereupon, a short recess was taken.) . [24] Q: (by Mr. Bradley) During your work at [25] Monsanto, were you familiar with the Halowax Company? Page 32 Hi A: I knew of their existence. That's all. [2] Q: Did you know that they worked with chlorinated [3] naphthalene? [4] A: I knew that they produced it. [5] Q: Did you know that their workmen also used [6] chlorinated diphenyl? [7] A: No.This was before my time. [8] Q: Did you discuss Aroclor with Dr. Emmett Kelly [9] before 1954? [ioi A: I would have to say yes. in] Q: All right. And you have used Aroclor and PCBs [i2] interchangeably. Is that how you understand them? [13] A: Yes. [14] Q: Ifl referto one, it means both,and I will [15] assume your answers do, as well. [16] A: Okay. - [17] Q: When was the first time that you discussed [is] Aroclor with Dr. Kelly? [19] A: I think the first formal, let me say, occasion [20] was when he would, or some member of his staffwould pass [211 judgment on the suitability of using PCB for a given appli- (221 cation where there was some question, it was not clear [231 whether it would be an appropriate use. [24] Q: When Dr. Kelly or a member of his staffwould [25] pass judgment, would that come in a written form, or Page 33 [1] through an oral presentation, or some other way? . [2] A: Just a discussion. [31 Q: When is the first time you remem ber having a [4] discussion with Dr. Kelly or some member of his- staff where [5] they would pass judgment on the suitability of using PCB [6] for a given application? m A: This was a rare occurrence, to begin with, [si There were very few of that kind. I'm trying to recollect [9] what there was. One thing that I recall specifi cally was [io] the proposed use, the con sideration of use of PCB as (in plasticizer for styrene butadiene paint. [12] Q: Would you spell that? Styrene butadiene. [i3i A: S-t-y-r-e-n-e,buta,b-u-t-a, diene, [14] d-i-e-n-e, paint system. And -- this is the important [15] thing -- this was a very good paint system, but now it was [I6| being considered for use indoors as a wall paint.Now, [171 this is when the new paint, styrene butadiene and latex [i8i paints were -- had just become popular. [19] Q: Do you recall, roughly, the year in which Dr. (20] Kelly and you had a discus sion upon the proposed use or [21] con sideration of the use of PCB as a plas ticizer for the 122] styrene butadiene paint system? [23] MR. FEATHERSTONE: I think he said it was con- [24] sidered indoors, so I object to the form of the question as [25] misstating the testimony. Page 34 [l] Q: (by Mr. Bradley) Go ahead and answer the [2] question.The way it works -- Tdon't know if you know [3] this -- if your attorney makes an objection, you're still [4] required to answer the question unless he instructs you not [5] to answer, and then you should not answer. [6] A: Well, what happened? I don't know. [7] Q: All right. Do you recall when you had this [8] discussion with Dr. Kelly that you referred to that [9] involved styrene butadiene paint? [io] A: Right. [in Q: When did that discussion occur? [12] A: It occurred between 1947 and '52.1 can't [13] pinpoint -- I'm trying. I can't pinpoint the exact time. [14] Let's say in the middle of it. [15] Q: Okay. Prior to that had Dr. Kelly communi- a6] cated to you what he knew, if anything, regarding the medi[17] cal or toxicological information rela tive to Aroclor? [18] A: I was acquainted with it, yes. [19] Q: When did you become ac quainted with the medi- [201 cal and toxicological information related to Aroclor? [2i] MR. FEATHERSTONE: He didn't say that, so I [22] object to the form of that question. [23] Q: (by Mr. Bradley) Go ahead and answer. [24] A: The bottom line, and then I will expand on [251 this if you need. The bottom line was that we've always Page 35 [l] said on labels, and my creed has al ways been, "Do not [2] breathe the fumes or the vapors emitted from PCBs at [3] elevated temperatures." Additionally, "Do not" -- or [4] "Avoid prolonged ex posure with the skin." That is the [5] bottom line. [6] MR. BRADLEY: Okay.I move to strike as non- [71 responsive. [8] MR. FEATHERSTONE: Would you read the answer [9] back that he gave to the preceding question. [io] (Thereupon, the reporter propounded a portion of the (ii| tes timony.) 112] Q: (by Mr. Bradley) Were you ever acquainted [131 with the medical or toxicological information relating to [14] Aroclor? Page 31 - Page 35 Min-U-Script Concannon & Jaeger (314) 421-1000 STLCOPCB4023527 Nevada Power Company v. Monsanto Company, et aL [15] A: Yes. materials on PCB available in my lab. [io] [16] Q: When were you first acquainted with that [i7i medical and toxicological information? [is] A: We covered that. I reported to Mr. Louge. [19] Now, when I reported to him, he had the published medical [201 litera ture. I had worked with them in my lab. I had a use for it in [in the lab, and this use, I want to explain, is that I had [121 used Aroclor 1248 as a melting point bat in my laboratory. [13] Now, I had at times a need to deter mine the [14] melting point of organic [21] Q: And did he have the published medical litera- [22] ture on PCBs? [231 A: Yes. [24] Q: Back then they were called chemicals at relatively quite high [15] temperatures. One thing a chemist can use is glycerin. [16] That withstands fairly high temperature, but it can catch [17] on fire. Another thing one can pick is sul chlorinated [25] diphenyl; is that correct? furic acid, and [i8] heat that in a Pyrex beaker with a Benson burner under it [ 19] to quite high temperature. But it's not [2] Q: And you reported to Mr. Louge beginning in [3] October of 1947? too desirable to [20] think of having a beaker crack full of very high tempera121] ture sulfuric acid, so a convenient [4] A: Yes. thing was to use [22] Aroclor 1248, to (5| Q: Did you review any of the publish name one specifically, as a melting point ed medical [6] literature on PCBs prior to [23] bat medium. October of 1947? [24] Now here's what happens: When [7] A: No. you heat the [25] PCBs to elevated ! temperatures, fumes are evolved. These [8] Q: Do you recall why it was in 19 -- Do you [9] recall whether you reviewed Page 38 published medical literature in [1011947? Was it shortly afteryou began your work in 1947? m fumes are irritating to the eyes, to the mucous, they're [2] not pleasant, and one should not be exposed, because they [3] HU MR. FEATHERSTONE: I object. are toxic, as are most fumes. Now, to do Compound. this, the thing [4] should be put under a [12] Q: (by Mr. Bradley) Let me ask it, hood that is evacuated, and I have so [51 then, this [131 way, Mr. Benignus: Do you used it. . recall whether you reviewed the [14] [6] The reason I'm going through this is published medical literature on Aroclor to point [7] out that I have had early in 1947? experience of exposure to fumes [8] of [15] A: Not in any formalized way. I knew that such [16] information was available, and I knew all I needed to know [17] about it. [is] Q: When you began work as assis PCBs, long before I read anything in the medical litera- [9] ture and so forth. It's not the thing to do, and I did it [io] at my own risk, but under a hood and so forth. It's not to [ii] be recommended. tant director of [19] development for the [U] There was a publication in some inorganics division, had you reviewed chemists' [13] analyst journal actually [20] the published medical literature that recommending this. We asked this [14] to Mr. L-o-u-g-e had [21] assembled on be withdrawn and not be recommended Aroclors? as the thing to do. [15] But that was my [22] A: Not before, no. early experience. [23] Q: Was there ever a time after you became assis- [24] tant director of development for the inorganics division [25] when you reviewed the published medical literature on [16] Now, in addition, I have had PCB-plasticizer, [17] or other formulations, on my skin, and a logical thing to [is] do was to not have prolonged exposure and to remove it with [19] soap and water. Page 37 [1] Aroclor that Mr. Louge had as sembled? [20] So here are the two fundamentals that I per- (21] sonally, early on, had: Let me say, avoid breathing the [22] fumes emitted at elevated temperatures, avoid [2] A: As I've already said, not in any for prolonged [23] contact with the skin. mal way. And, in later years, this is the [24] exact [3] Q: Okay. You also indicated youknew wording that appears on the labels of everything [4] that you needed to know our containers. about it. What leads you to that [5] con [25] MR. BRADLEY: Would you read the clusion? question back [6] A: We have also covered that early on. When I m was in the development department of the organic division I [8] HI forme. Page 39 had a laboratory and did work with [2] (Thereupon, the reporter read back PCBs in that labora- [9] tory, so I had some the question.) Concannon & Jaeger (314) 421-1000 Min-U-Script Paul Benignus April 2, 1993 13] MR. BRADLEY: I move to strike the last por- [4] tion of his answer indicating what was on the labels. [5] As I understand your testimony, then, it's [6] that you began work with PCBs in 1942 when you were in the [7] -- you had your own lab in the organic depart ment, correct? [8] A: Yes. [9] Q: (by Mr.Bradley) And priorto work ing with [io] PCBs in your own lab in the organic department, you did not (in review any published medical literature on PCBs? [12] A: Right. [13] Q: You only reviewed the published medical liter- (i4) ature on PCBs when you became assistant director for the [i5] inorganics department, sometime be tween 1947 and 1952;is [16] that correct? [17] MR. FEATHERSTONE: I object to the form of [is] that question. He has not said he reviewed the literature. [191 Q: (by Mr. Bradley) My question to you is, did (201 you review the published medical literature on PCBs during [21] the period of time you were the assistant director of the [22] inorganics division? [23] A: Not in a formalized -- that this was my [24] assignment and so on and so forth.I was aware of-- As I [25] explained to you, I was aware of the characteristics of -- Page 40 [i] MR. FEATHERSTONE: He's asking about the [2] literature. Did you read the literature published in the [3] journals and books about the medical and toxicological [4] consequences of ex posure to PCB? [5] A: To some extent I would have to say yes, of [6] course, to some extent, but not that that was my concern -- [7] of any prime concern to me. It was of general interest, [8j and I would have read what might be around, yes. [9] Q: (by Mr. Bradley) And that review of the [io] medical and toxicological literature began when you had the [ii] job title assistant director of develop ment for the [12] inorganics division? [13] MR. FEATHERSTONE: Object to the form of the [14] question. [15] Q: (by Mr. Bradley) Is that correct? [16] A: Yes. [17] Q: All right. What, if anything, did you do as [isj pan of this informal review of the medical and toxicolog- [19] ical information? [20] MR. FEATHERSTONE: I object to the charac- [21] terization of an "informal review." What he said was, he [221 read to some extent some of the literature because it was [231 of interest. Page 36 - Page 40 STLCOPCB4023528 Paul Benignus April 2,1993________ ^____________ Nevada Power Company v. Monsanto Company, et aL 124] MR. BRADLEY: What ,he said was that he didn't (25] review it in any formal ized way. If you have an objection Page 41 in to the form of the question, go ahead and make it. I don't [2] want you to argue with me. [3] MR. FEATHERSTONE: I'm not trying to argue {4| with you. I'm stating the grounds for my objection, and [5] you keep mischaracterizing what this wit ness said. (6] Q: (by Mr. Bradley) Did you informal ly review [7] the published medical and toxicological literature on PCBs [8] when you became assistant director of development for the (91 inorganics division? . [to] A: On a casual basis. I had no formal basis or [in incident that would require this. It was literature that [12] Mr. Louge had available. [131 Q: And what did you do as part of your casual [14] review of this literature? ji5] A: I don't understand this question. [i6] Q: WelL I take it you didn't go in and sit down [17] and review all of the medi cal and ioxicological literature [is] that Mr. Louge had; is that correct? U9I A: That's correct. [20] Q: Did you review any of the medi cal and toxi- [2D cological literature that Mr. Louge had on PCBs? (22[ A: I think I already said yes, I did. (231 Q: All right. And why was it that you reviewed [24] certain of that literature? 125) A: Because it was there in the file. Page 42 [il Q: Why didn't you review all of the literature? (2| A: It was beyond my interest. I wasn't a medical [31 person. I had no occasion. [41 Q: Do you recall how many of the published arti- [5] cles on the medical and toxicological information relating [6] to PCBs you reviewed while you were assistant director of [7] development for the inorganics division?. [8] MR. FEATHERSTONE: Pure guesswork. All he's [9] said is he reviewed some of the things in Mr. Louge's file; no] Unless you establish that somehow that's everything that [ii] was published, I don't see how he can answer the question. [12] It's pure guesswork. Objection. [i3i THE WITNESS: I agree to that. [14] MR. BRADLEY: Mr. Featherstone, I object to [is] your giving the witness a grounds for not responding to my [16] question by the nature of your objec tions. If you have an [17] objection as to the form of the question, of course I want [ is] you to state it, but I do not want you to go into your [i9] rambling discour ses that don't do anything more then [201 educate a witness in what to say. [2i] MR. FEATHERSTONE: Well, I won't respond to [22] that, Mr. Bradley, other than to say I'll object the way I [23) see fit. [24] MR. BRADLEY: Well, then, you and I are going [25] to have a problem, because I'm going to start interrupting [2j My question is, do you recall how many of the [3] published articles on the medical and toxicological liter- [4] ature on PCBs you reviewed while you were assistant direc- [5i tor of development for the inorganics division? [6] MR. FEATHERSTONE: Objection. Calls for pure m guesswork. . (8[ A: I can't answer it categorically. 19] Q: (by Mr. Bradley) Well, I'm inter ested in a [ 101 general.idea.Three articles, a hundred articles? If you [ii] have any way of estimating. [12] A: First of all. I'm not a medical per son, num- [13] ber one, and literature that was there dealt with things [i4] before my time, for example, so I wasn't greatly concerned [isi on arrival with that. [i6[ Q: Is it -- Do you know -- Is your best estimate [17] that you reviewed more or less than ten of those articles [isi during the time you were assistant director of development (19] forthe inor ganics division? [20] A: This is just a guess, but maybe something like [211 that. [221 Q: All right. [23] A: Four, five, six. I don't know. [24] Q: Now, I'm going to show you Plaintiff's Exhibit [25] 979. Page 44 til A: Well, I have seen the title and the date, [2] 1937. [3] Q: Do you recall whether that is an article that [4] you reviewed during the time that you were assistant direc- [5! tor of development for the inorganics division? [6] A: This, as I said, was before my time. I see [7] here -- As you know, I didn't get there until -- What did [8] we say? 191 Q: Well, I know -- [101 MR. FEATHERSTONE: The question is whether [ii] this exhibit, Plaintiff's Exhibit 979, is one of those [121 docu ments or articles you reviewed while you were assistant [131 director. [i4] A: I may have, but in no manner of specific con- (isi cem to me. I'm aware that this kind of work was going on, [16] and I'm aware that this was published. Drinker, his name [17] is familiar to me before this -- well, not before this [ia] point in time. It's September 1937.1 was still in the [191 analytical area. So later. This is all stuff that was [201 before my time, and I had no direct involvement nor concern [21] with this. So, the best I can say to you is that I was no [22] doubt aware of this, but had no specific imme diate interest [231 in this thing. [24] Q: (by Mr. Bradley) When you say you were aware [251 of the Drinker -- you were aware of it, do you mean you Page 45 [1] were aware of the Drinker study? [2] A: I was aware of Dr. Drinker's name because it [3] was started. Dr. Kelly was hired by my boss, and my boss [4] provide the funds that Drinker did work for Mon santo, so I [5] was familiar with the name Drinker. I may not have known [61 that he did this work, or whether that was done -- I don't [7] know who this was for. He did work for Monsanto, is what [8] I'm saying. 191 Q: Do you know whetherDr. Drinker studied the [ioi effects of chlorinated diphenyl? [11] A: Yes. I would say yes. . [12] Q: When did you become aware that Dr. Drinker [131 studied the effects of chlorinated diphenyl? [i4i A: As I said, I heard the name Drinker mainly [15] because my boss had dealings with Dr. Drinker, not that I [161 was in volved with it. I heard the name. [17]Q: Well, I'm interested in knowing, though, when [is] you became aware that Dr. Drinker was doing work with [191 chlorinated diphenyl? [20] A: Well, I would say probably in -- Well, in 1937 [21] I couldn't have -- but let me think, now. Maybe in the [22] early forties I heard, but that's the extent of my -- just [23] hearing it. [24| Q: You just heard that he was doing work with [25) chlorinated diphenyl? Page 46 [1] A: Yes. Nobody told me. I just heard it. [2] Q: During your work as assistant director of 13] development for the inor ganics division, did you become [4] aware of any studies performed by Dr. Drinker regarding the [5] effects of ex posure to chlorinated diphenyl? [6] A: I believe there were studies of rat exposure, [71 animal exposure, if I'm right on this. [8] Q: Did you review any of those studies that Dr. [91 Drinker worked on? [io] A: Not specifically, no. (in Q: Were you told what Dr. Drinker was finding in (121 his studies of chlorinated diphenyl at any point in time [13] when you were a Monsanto employee? Page 4l - Page 46 Min-U-Script Concannon. & Jaeger (314) 421-1000 STLCOPCB4023529 Nevada Power Company v. Monsanto Company, et aL [i4j A: Not that they would formally tell me this. It ti5] wasn't my area. [161 Q: Well, were you ever informally told what Dr. [i7] Drinker was reporting in the studies that he was conducting [18] on chlorinated diphenyl? [19] A: I'm sorry. I didn't really get the question. [20] Q: All right. My question was, were you ever [211 informally told about what Dr. Drinker was determining [22] based upon his studies of chlorinated diphenyl? [231 A: Only from reading whatever was published. I [24] think there were some publications by Drinker and maybe [251 some others, and I would have had a chance to see these. Page 47 [il Q: Okay.Did you review these studies that were [21 published by Dr. Drinker regarding the work he did with [31 chlorinated diphenyl? Hi A: To the extent that I might be inter ested that [5] such things are going on, exposure to rats and so on and so [6) forth. Pi Q: Well, were you interested so that you reviewed [8] the study reports writ ten by Dr. Drinker regarding his work [91 with chlorinated diphenyl? [101 A: I was interest, as I already pointed out: Do [111 not breathe the fumes and the vapors of PCBs at elevated [121 temperatures, and this work backs that up. Whether it was [131 exposure to rats or mice or bones, or whatever. [i4[ Q: Well, I appreciate that. And my question is [15] rather narrow, and the question is, simply, did you ever [i6| review the published reports prepared by Dr. Drinker [17] regarding his work with chlorinated diphenyl? [is] A: I have seen reports. I don't know how to [19] interpret your question, did I review them. To what pur- [201 pose and so forth? [21] Q: Well, let me ask it this way: Did you ever [22] read any of the reports prepared by Dr. Drinker regarding [23] his work with chlorinated diphenyl? [24] A: I would think I did. [25i Q: Would you review, then, 979 and tell me Page 48 [il whether this is a report that you've ever read on a prior [2] occasion? 131 A: After looking at this specific one, I would [4] say, no, I didn't, not this one. I would have to say no to [51 your ques tion. [6] MR. FEATHERSTONE: The witness is referring to m Plaintiff's Exhibit 979. . 18] A: It was before my time. ....... (91 MR. FEATHERSTONE: You've answered the queS- [101 tion, Paul. HU THE WITNESS: Okay. [121 Q: (by Mr. Bradley) Mr. Benignus, did you ever [13] learn that Dr. Drinker, as a result of his experiments, (i4) reported that there is no doubt as to the pos sibility of [i5i systemic effects from the chlorinated naphthalenes and [i6i chlorinated diphenyl? [17] MR. FEATHERSTONE: Object to the form. [is] A: What? [19] Q: (by Mr. Bradley) Were you ever informed that [20] Dr. Drinker, as a result of his studies, determined that [211 there was no doubt that there was the pos sibility of [22] systemic effects from ex posure to chlorinated diphenyl? [23] MR. FEATHERSTONE: Object to the form. [24] MR. BRADLEY: What's wrong with the form? [25] MR. FEATHERSTONE: You want me to now Page 49 [il elaborate on my objection? You just lectured me that I [2] shouldn't. I was trying to help you. [3] MR. BRADLEY: Are you having a good morning, [4] Bruce? 151 MR. FEATHERSTONE: Yes. [6] MR. BRADLEY: Good. Now, what is the nature [7] of your objection? [8i MR. FEATHERSTONE: I object to the form. [91 Q: (by Mr. Bradley) Go ahead and answer the [101 question, then. [in A: Excuse me, I lost the question. [12] Q: The question is, were you ever informed that, [131 as a result of Dr. Drinker's -- some of Dr. Drinker's [14] studies, that he reported that there was no doubt as to the [15] possibility of systemic effects from exposure to [16] chlorinated diphenyl? [17] MR. FEATHERSTONE: Object to the form. Mis- [18] characterizes the studies. [19] Q: (by Mr. Bradley) Were you ever informed that [201 experiments by Dr. Drinker resulted in him concluding that [211 there was no doubt as to the pos sibility of systemic [22] effects from the chlorinated naphthalenes and chlorinated [23] diphenyl? [24] A: No one came to me with this. It wasn't in my [25] area. Page 50 [1] Q: Okay. [2] A: There was no occasion for anybody to come to [31 me. It doesn't mean that I wasn't aware of it at some [4] point in time. Concannon & Jaeger (314) 421-1000 Min-U-Script Paul Benignus April 2, I993 [5i Q: Were you ever aware that PCBs get absorbed [6] through the skin? [7] A: I would say yes, they can be. [8] Q: When did you become aware of that? [9] A: Most solvents are susceptible to being [101 absorbed through the skin. Liquid -- You're asking about [ii] liquid PCBs, thin PCBs. Some of the higher chlorinated, (12] probably not. [131 Q: So you knew this from an early point in time? [14] A: Yes, I would assume so. [151 Q: Knew it when you were working in your lab in [16] 1942? [17] A: Right. [18] Q: Do you know whether Monsanto ever told its [19] customers that PCBs can be absorbed through the'skin? [20] A: Monsanto certainly told everybody, "Avoid [21] prolonged skin contact," and this is the reason.That was [22]part of the labeling, my creed, and historically, "Do not [23] have prolonged exposure to the skin. If it's spilled on [241 the skin, wash it off with soap and water." [251 Q: When Monsanto gave that infor mation to its Page 51 [il customers, do you know whether Monsanto was intending to [2] tell cus tomers that PCBs get absorbed through the skin? [3] A: I would assume so. [4] Q: How would a customer know that PCBs get [5] absorbed through the skin by a statement that, if you're [6] exposed to PCBs or get it on your skin, you should wash it [7] off with soap and water? [8] MR. FEATHERSTONE: Object to the form. 191 THE WITNESS: I get a little bit lost between [101 the legal jargon here. Give me the question again. Hi] Q: (by Mr. Bradley) Well, you indi cated that [12] Monsanto -- and I don't want to put words in your mouth, [13] but whatever your answer was regarding what Monsanto told [14] its customers about washing. [15| A: Avoid prolonged contact with the skin [16] Q: How would that information tell a customer [i7] that PCBs get absorbed through the skin? [i8i A: I'd assume that this is what it meant. I [19] don't know what somebody else would assume. [20] Q: All right. Do PCBs, if they're on the skin, [21] cause irritation for certain people?______________________________ Page 47 - Page 51 STLCOPCB4023530 Paul Benignus April 2, 1993 [22] MR. FEATHERSTONE; Well, I object to the lack [23] of foundation to that question of this witness. [24] Q: (by Mr. Bradley) Go ahead and answer. [25] A: Obviously, when you say "Avoid prolonged Page 52 [l] exposure to the skin," that means all people, to me.That [2] means all people. Now, its well-known that certain very [3] blond people with very fair skin are more susceptible than [4] dark-skinned people - that kind of thing. And you're [5] asking whether the implication is that some people might be [6] more -- Let me say this in answer to your question: All [7] people wouldn't be affected ex actly the same. [8] Q: For some people, if PCBs get on their skin, is [9] it an irritant? [io[ A: PCBs were skin-patch tested, and the results [11] of the those skin-patch tests were that this PCB -- the [12] PCBs that were tested according to certain procedures used 113] that seemed to be standard procedures used for this kind of [14] a thing, that it was proclaimed PCBs are neither a skin [151 irritant nor a skin sensitizer.I've often had it on my (161 skin without being irritated or sen sitized. [17] Q: Do you know whether anyone has ever reported [is] having PCBs on their skin and having an irritation to the [19] skin? [20] A: We had no reports of that, to my knowledge, [21] until, as we said, this lawsuit with Westinghouse in [22] Hous ton, and that was one of the things im plied there. [231 Q: And -- [24] A: But we didn't get complaints about this at [25] Monsanto. Page 53 in Q: Did you ever talk with anyone, either within [2] or outside of Monsanto, where they informed you that people [3] who get PCBs on their skin sometimes get a skin irritation? . [4] A: Not to me, that I recall. [5] Q: Did Dr. Kelly ever report to you that some [6] people who get PCBs on their skin have a skin irritation? n A: I don't recall that. [8] Q: Did Dr. Kelly ever tell you that, for some [9] people who get PCBs on their skin, that they develop a skin [101 rash? Hi] A: I don't recall that, but there's a reason why [121 our labels and our litera ture says "Avoid prolonged skin [13] con tact. Wash it off." Ii4| Q: Is that because PCBs can cause a rash? Page 52 - Page 57 Nevada Power Company v. Monsanto Company, et aL [15] A: I would have to assume.You don't want to [161 leave it long-term exposure to the skin. All solvents [17] carry this [12] A: No. That was before my time, and Kelly had no [13] reason to tell a starting analytical chemist any of this. label -- most all solvents carry this label. [14] MR. FEATHERSTONE: Why don't [is] Q: Did Dr. Kelly or anyone ever we take a break. report to you [19] that, if you get PCBs on your skin -- Let me rephrase the [201 question. Did Dr. Kelly or anyone ever report to you that, [21] for some people, if they get PCBs on their skin, it can [22] because a condition called chloracne? [23] A: I have heard of this, but there was an iso- [24] lated incident of chloracne. [15] MR. BRADLEY-, All right. That's fine. [16] (Thereupon, a short recess was taken.) [17] Q: (by Mr. Bradley) I believe you in dicated when [18] talking about your work in the lab in the organic depan- [19] ment that fumes from the heated PCBs are irritating to the [201 eyes? [25] Q: When was that? . [21] A: Right. . Page 54 in A: This goes way back to when PCBs were first [2] manufactured at Anniston, Alabama. There was an incident, [31 as I [22] Q: That they're irritating to mucous? [23] A: Right. [24] Q: That they're not pleasant? [25] A: Right. heard -- this was long before my time -- in our plant [4] at Anniston, Alabama where there had occurred chloracne. [5] Now, when I inquired about this I was told, [6] and I'm sure this is correct, no one ever knew why, [7] specifically, what the reason was for this, yet it did [8] occur. And it went away, and nobody Page 56 HI Q: And that one should not be ex posed because the [21 fumes are toxic, as are most fumes? [3] A: Right. [4j Q: What did you mean when you said that they are [5] toxic? really knew why it [91 went away, but I'd be inclined to say, and this is conjee- [io] ture on my pan -- [6] A: At that point of my knowledge with PCBs, it's [7] a generalization that the fumes from most any solvent are [8] HU MR. FEATHERSTONE: Well, you toxic. shouldn't engage [12] in conjecture. [9] Q: All right. How were the fumes [13] THE WITNESS: Excuse me. Scratch the word [i4| "conjecture." [15] MR. BRADLEY: The law entities you to make [16] best estimates, but no con jecture or guesswork. toxic of the [10] PCB mixture or mixtures you were working with in your lab [u] beginning in 1942. [12] A: My knowledge in 1942 is as I just said, the [131 fumes of any solvent, any chemical, should not be breathed. [17] THE WITNESS: Well, I'm sorry. I don't know [is] -- My view, to answer your question, this was newly made. [19] Whether there was a discrepancy in the raw material, in the (20] biphenyl, whether there was, nobody knows for i [i4j Q: How would the fumes from the PCB mixtures you [15] were working with in your lab beginning in 1942 be toxic? [16] What I'm interested in is, what would they be -- I'm trying [17] to figure out a way to ask the question so I can sure. It [21] went away. It never recurred. get the [i8] answer that I'm looking for. Or whether -- Maybe they [221 paid a little more attention than they had been for avoid-[23] ing prolonged contact with Sometimes it seems easy, but [19] it's very difficult. the skin. Whether they maybe [24] took a [20] How were the vapors -- or how few showers, you know, I don't know. were the fumes [21] of the PCB mixture But that was [25] an isolated incident. or mixtures you were working with [22] beginning in 1942 toxic? Page 55 [23] MR. FEATHERSTONE: Objection. [ 1 ] What Ido wish to add, as faras I know, Compound and [24] it's cumulative. I [2] never heard of anyone that came to me and said, "You get [3] chloracne," but I do know of this incident of chloracne. [4] Q: (by Mr.Bradley) Did Dr. Kelly ever tell you [5] that he participated in a round-table discussion in 1937 [6] where it was reported that GE employees who were exposed to [7] chlorinated naph thalene and chlorinated diphenyl developed [8] severe cases of acne? [9] A: No, I don't know that specifically. You're [101 saying in 1937? [ii] Q: Yes. [25] A: Specifically, I didn't know. My answer to Page 57 [l] that question is as I already gave it:To me, any fumes [2] from any chemicals or any solvent, et cetera, in general [3] should not be breathed - only as a generality. I didn't [4] know any of the details of this. [5i Q: (by Mr. Bradley) Well, you indi cated during [6] your testimony that the fumes from the -- I think you said [7] that you were working with Aroclor 1242 in Min-U-Script Concannon & Jaeger (314) 421-1000 STLCOPCB4023531 Nevada Power Company v. Monsanto Company, et aL Paul Benignus April 2, 1993 your lab in the (8] organic department; is that correct? 19! MR. FEATHERSTONE: Inorganic. no] A: That was in the organic depart ment. I said [in 1248,1 believe. [12] Q: (by Mr. Bradley) All right. [131 A: It was a liquid Aroclor. [14] Q: Did you work with Aroclor other than 1248 when [is] you had your own lab in the organic department beginning in [i6] 1942? [17] A: On any that I was asked to work on these [is] physical constants, yes. [191Q: What other Aroclors did you work with in your [20] own lab in the organic department beginning in 1942? [2i] A: Well, it's quite reasonable that I would have [22] been asked to do certain things with Aroclor 1254, maybe [23] Aroclor 1260. [24] Q: All right. I now want to ask specifically [25] about 1248. How were the fumes from the Aroclor 1248 Page 58 (U toxic? 12] MR. FEATHERSTONE: Object. Cumulative. [3] A: Specifically,I had no answerat that time.I (4| didn't know.Except everything is toxic when you breathe [5] the fumes of everything. [6] Q: (by Mr. Bradley) All right. Would it have [7] been toxic because it would harm the liver or some other [8] organ? 191 MR. FEATHERSTONE: Objection. Calls for [io] speculation. (ill A: I didn't know that at that point in time. [12] Q: (by Mr.Bradley) All right.Well.I'm 1131 interested in knowing what you meant, basically, when you [14] said one should not be exposed because they are toxic when [151 talking about these fumes. So, when you said they were [16] toxic, what I want to know is, what part of the body would [17] they be toxic to? 118] A: To the liver and the kidney. [191 Now, may I expand on this? 120] Q: If you'd like to. [211 A: We're having a bit of trouble here. You're [22] asking did I know this in 1942. The answer is no. I [23] learned this later on, and later on, yes, as we sit here [24] today, those fumes are toxic, primarily because they can [25] attack the liver and kidney, from a medical point of view. Page 59 [l] according to the medical literature. (2i Q: And back in 1942 did you believe that fumes [31 from heated Aroclor 1248 would be toxic? [4] A: Certainly. I believe fumes from any chemical [5i would be toxic. [6] Q: Back in 1942, how -- to what ! [3] MR. FEATHERSTONE: Well, wait. organ, if any, [7] did you believe Aroclor What's the [4] question? 1248 fumes would be toxic? [5] (Thereupon, the reporter read back [8] A: In 1942 I did not know. the question.) [9] Q: Would the same be true if I asked you the [io] question regarding Aroclor 1254 and Aroclor 1260? [11] A: Certainly. [12] Q: Did you have any involvement in the develop- [13] ment of instruction manuals for Monsanto products that [14] contain PCBs? [6] MR. FEATHERSTONE: All right.Now, you're [7] showing a page of this exhibit, Mr. Bradley, supposedly to [8] help him answer that question. What is it on this page [9] that you want him to look at? [ioi MR. BRADLEY: Well, he can look at any part of [111 that page or none of it. If he doesn't need any help, (121 that's fine. [is] A: Some, yes. [131 MR. FEATHERSTONE: Okay. [16] Q: I'm now going to show you Ex hibit 437 and ask [17] you to review that. [18] A: Okay. [i9j Q: This is a 1955 document that's -- [20] A: '56. [21] Q: On the outside does it indicate it's a March, [22] 1956 document? [23] A: Uh-huh. [24] Q: And it's titled "Tentative Process for [25| Continuous Chlorination of Biphenyl"? [2] Q: Is that a document that you've seen prior to m today's deposition? [4] A: I could have. I know what it refers to, [5] continuous chlorination, but I would not be in the direct [6] line of this work. This is a plant document. [7] Q: All right. What do you mean when you say it's [8] a plant document? 19] A: It's evolved from plant people, no doubt, at [io] Anniston. That's where these people were located, and it's [in continuous chlorination of biphenyl as a plant operation. [121 Q: Do you know who the intended readers are of [13] that document -- Ex cuse me. Were? [Hi A: Yes.The plant people. [15] Q: Okay. [16] A: Not myself. [17] Q: Okay. [18] A: I'm not copied in on this. [19] Q: This information, then, wasn't in tended to be [20] distributed to Monsanto customers, for example? [21] A: No.Thisisanin-housethingabout [22] continuous chlorination versus batch chlorination. It's of [23] no interest to me. [24] Q: Were PCBs ever manufactured at a Monsanto [251 plant through con tinuous chlorination of biphenyl? [14] A: I don't know whether they adopted continuous [15] chlorination or didn't. I was not a part of this. H6] Q: (by Mr. Bradley) On page five of this [17] exhibit, which is marked STR 005255, there is a section [18] relating to chlorinated biphenyl, and in paren theses it has [i9] the word Aroclors. That's at the bottom of that page. Do 1201 you see that there? [211 A: Yes. [22]Q: Would that indicate to you that Aroclors were [23] manufactured in a Monsanto plant using continuous chlori[24] nation of biphenyl? [25] MR. FEATHERSTONE: Object to the form of the Page 62 [l] question. (2i A: I read what it says, but I don't know if they [3] adopted it or didn't adopt it. I wasn't in the plant. [4] Q: (by Mr. Bradley) All right. [5] MR. FEATHERSTONE: Was that 436? [6] MR. BRADLEY: 437 is what I just referred to. [7] Are you familiar with a document developed by [8] Monsanto entitled "Organic Chemicals Division Research [9] Report, Standard Manufac turing Process"? [ioi A: No. I was not connected with the plant. [u] Q: (by Mr. Bradley) And if there were reports (121 written on standard manufac turing processes within [13] Monsanto, can you tell by that title whether those reports [14] were intended just for Mon santo employees? [15] A: Yes. Just for Monsanto. Yeah. . [16] Q: All right. Do you know whether Monsanto [17] Company's Anniston Plant's standard operating instructions [is] relating to Aroclors were intended just for Monsanto [19] employees? [20] Would you like to review? Page 61 [21] A: I would like to see what it is. Hi Let me show you a section of the exhibit that [2] might help you give an answer to it. [22] Q: I'm going to hand you, then. Plaintiff's [23] Exhibit 1466 and ask you to review that. Concannon & Jaeger (314) 421-1000 Min-U-Script Page 58 - Page 62 STLCOPCB4023532 Paul Benignus April 2, 1993 Nevada Power Company v. Monsanto Company, et aL 124| A: Well, this is obviously a plant document [25] intended for the plant people in the production of PCB, of Page 63 m which Monsanto was the sole manufacturer, but -- m Q: Have you everseen that document before? I3i A: I have never seen this, no. Hi Q: So you wouldn't know whether it's a true and [5| accurate copy, if you've never seen it before? [6] A: I assume it's accurate. It's for the com- [7] pany's own use. (8i Q: I'm now going to show you Plaintiff's Exhibit [91 1467, which, if you compare it with the prior exhibit as a [ io] different month, the same date, is that also a document mi that was prepared solely for review by other Monsanto [121 employees? 1131 A: It's a plant document for the plant people. [Hi Q: Let me take that one back. U5] A: It's for the operators, the operators down [16] there at Anniston. 117] Q: I'm now going to show you Plaintiff's Exhibit [18] 1464, Mr. Benignus, and ask you if you have ever seen that [191 document before. [20] A: Well, that is another plant docu ment. mi Q: This is a plant document? [22] A: Yes. 1231 Q: And it's intended for review just by Monsanto (24] employees? [25] A: By the plant people. Page 64 HI Q: All right. (2i A: I was not involved in this. 131 Q: Had you ever seen that exhibit before today, [4] that you recall? 15] A: I can't recall that I did, this par ticular [6] thing, no. [7] Q: All right. I'm now going to show you Plain- [8] tiff's Exhibit 1463.Actually, for the record, I should [91 indicate that 1464 is entitled "Organic Chemicals Division [io| Research Report," with the date of January of 1969 -- I mi can't read the date -- written byj. D. Sullivan. 112] Now I'm going to show you 1463, Mr. Benignus, [131 and it has the same title as 1464, but a different date, [i4] and the date is September 16th, 1968. Is that also a [15] document that was intended for review by Monsanto plant [16] person nel? [i7] A: I would have to say yes.but you're in an area [is] that I was not in. U9) Q: Okay. If I had any documents that were [201 entitled, at least in part, "Stand ard Manufacturing Process [211 for Pyranols or Interteens," could you tell me whether [22] those were documents prepared for Monsanto personnel work123] ing at plants? [24] A: Iwouldsayso.That'showIwould interpret [25] it. Page 65 [i] Q: I'm going to show you Plaintiff's Exhibit 1472 [2] and ask if you have seen that document before. [3] A: Same thing. . [4] Q: All right. I'm now going to refer to Plain- [51 tiff's Exhibit 1464, beginning with Bates number 738247. [6] There is also a Bates number above that that has NEV 024992 m under the section called "Toxicity and Hazards." That [8] section indicates that Aroclor is a liquid, under normal [9] conditions, having a medium toxicity range for liquid [101 ingestion and a high toxicity range for vapor in halation. mi The maximum allowable concentration is 1 mg per cubic [121 meter. This material can cause der matitis, systemic [131 poisoning from the fumes and yellow atrophy of the liver. U4] There are skin, mucous membranes, and eye irritation [15] encountered in handling Aroclors. And it goes on. [16] Mr. Benignus, do you know whether Monsanto ti7j ever informed its cus tomers about the information that I [is] just read to you from this exhibit? [19] A: I'll answer your question. Mon santo informed [20] everyone, avoid breathing, inhalation of the vapors, avoid [21] prolonged contact with the skin in ourpublications [221 published to everyone. This one milligram -- five- tenths [23] of a milligram per cubic meter of air as being a safe [24] concentration limit for an eight-hour workday. That [25] defines it a little more than in here. So, fundamentally, ... Page 66 [i] yes, that's what this is based on: Do not inhale the [2] vapors and avoid prolongated contact with the skin. This [31 is background for that. [4] Q: Let me break this down a little bit. During [5] the course of your employ ment with Monsanto did you ever [6] have meetings with General Electric regarding the physical [7] properties of Aroclor? [8] A: Oh, yes. Yes. ' [9] Q: During any of the meetings that you had -- [ioj Strike the question. [in Would you read back the last ques tion to me? [12] (Thereupon, the reporter propounded the previous [131 question.) [14] Q: (by Mr. Bradley) During the course of your [15] early employment with Monsanto did you ever have meet ings [16] with Westinghouse regarding the physical properties of [171 Aroclor? [18] A: Yes. [19] Q: During the course of your employment with [20] Monsanto, in the meetings with General Electric, did [2ij Monsanto employees ever inform General Electric employees [22] that Aroclor can cause dermatitis? [231 A: That was not discussed in our area of activi- [24] ty. It didn't come up. [25] Q: Did it ever come up in your area of activity Page 67 [1] where Monsanto informed General Electric that Aroclors can [21 cause sys temic poisoning from the fumes and yellow atrophy [3] of the liver? [4] A: General Electric and Westinghouse,asdid [5] Monsanto, Dr. Kelly,and the industrial hygiene people, [6] they had their counterparts. They knew as much about this [7] as we knew. [8] Q: So General Electric -- . 191 A: Excuse me. [101 Q: I didn't mean to interrupt you. Go ahead. [ill A: It was not at my interest or level of activity [12] or function to discuss this. H3] Q: What leads you to conclude that both General [14] Electric and Westin ghouse knewthat Aroclors can cause [15] dermatitis and systemic poisoning from the fumes and yellow [161 atrophy of the liver? [i7[ A: It's published in medical litera ture. (18) Q: Where is it published in medical literature [191 that Aroclors can cause dermatitis? [201 I take it that's outside of your area and you [21] couldn't lead me to any particular publication; is that [22] true? [23] A: Yes. That's correct. I would try, but I may [24] miss the mark a bit. [25] Q: Can you help me here, though: Where was it Page 68 [i] recorded in the published literature that Aroclor material [2] can cause sys temic poisoning from the fumes and yellow (31 atrophy of the liver? [4] A: Again, in the medical literature. [5] Q: Did that appear in the medical literature (6| prior to January, 1969? [7] A: Oh, yes. Way back. [8] Q: Did Dr. Kelly ever indicate to you that he had [9] discussions with General Electric and Westinghouse regard- [101 ing Aroclor and its causing dermatitis and systemic poison- uu ing from the fumes and yellow atrophy of the liver? (121 A: I don't think he discussed that specific thing [13] that you asked about. no. Page 63 - Page 68 Min-U-Script Concannon & Jaeger (314) 421-1000 STLCOPCB4023633 Nevada Power Company v. Monsanto Company, et aL Paul Benignus April 2, 1993 [14] Q: And during -- Before you retired, Dr. Roush [15] was the -- Was Dr. Roush the head of the medical department [i6] when you retired? [i7] A: Dr. Roush was there as, I believe, the head, tisi yes. And I believe; I'm not -- I believe. I'm not sure, U9] but I believe. You said in -- I retired in '74. [20] Q: My memory is that Dr. Roush took over about (2i| the time that you retired, but we're not here to figure out [221 my memory. Do you know -- Your best estimate is that Dr. [23] Roush was the medical department at the time you retired? [24] A: That or the assistant. [251 Q: Well, let's -- Page 69 HI Bruce, do you know? [2] MR. FEATHERSTONE: Well, Dr. Kelly retired at [3] the end of November of '74, and you retired at the end of [4| October of '74. [51 THE WITNESS: Yes. [6] Q: (by Mr. Bradley) Did you ever have discus- [7] sions with Dr. Roush regarding the ability of Aroclor to [8| cause der matitis, systemic poisoning from the fumes, and [9] yellow atrophy of the liver? [io] A: No. Hi] Q: Did Dr. Roush ever indicate to you that he [12] spoke with General Electric and Westinghouse about [13] Aroclor's ability to cause dermatitis, sys temic poisoning [14] from the fumes, and yellow atrophy of the liver? [15] A: No. [16] Q: You don't know what discussions Dr. Roush or [i7[ Dr. Kelly had with GE or Westinghouse about those medical [i8| conditions? [19] A: That's correct. 120] MR. BRADLEY: Let's break for lunch. [2i] (Thereupon, a short recess was taken.) [22] Q: (by Mr. Bradley) Mr.Benignus,I'm now going [23] to show you a series of exhibits, and I want you to review [24] them, and then I'm going to ask you whether you have seen [25] them before. Page 70 [l] MR. FEATHERSTONE: Off the record. [21 (Thereupon, a short colloquy was had.) 13] Q: (by Mr. Bradley) Back on the record. [4j Mr. Benignus, I have put on the table for your [5] review Plaintiff's Ex hibits 1632, 1633, 1634, 1636, 1637, [6] 1638, 818, 1202, 1586, 1474, 820, 872, 415,1171,833, and m 828. I'm going to request, and I think that your attorney [8] has agreed to this procedure, that you review those docu- [9] ments, and when you're finished reviewing them, you let me [io] know. [ill I will be asking you questions such as whether [121 you've ever seen the document before; if you have seen it, [13] if you know what it is; and if it's a true and accurate U4] copy of whatever you've seen before, if you've seen it [15] before; and whether it is a record that was made as part of [161 the regular busi ness activity of Monsanto; and whether it [17] was kept in the ordinary course of Monsanto's regularly- [is] conducted business. [19] I have more exhibits, but since I don't know [20] how long it's going to take us to get through these. I'm [21] going to start with the ones that I have just iden tified. [22] And we'll go off the record now while you make [23] your review, unless you have questions for me. [24] A: I have no questions. [25] Q: All right.Thank you. Page 71 [l] (Thereupon, a short recess was taken.) [21 Q: (by Mr. Bradley) Mr. Benignus, I'm going to [3! not use the exact order of the documents that I gave to [4] you; hopefully I'm going to be close, though. Would you [5] look at Exhibit 1634. [6] A: Okay. [7] Q: Have you seen this document before? [8| A: Yes. [9] Q: Is this a copy of a memorandum written to you [io] and others by Jim Bryant, dated April 11th, 1969? Hi] A: Yes. [12] Q: Is that the Monsanto letterhead on the top [131 left-hand corner? [i4] A: Yes. [ 15] Q: Is this a true and accurate copy of the letter [16] Jim Bryant sent to you and others on April 11th, 1969? [i7] A: Yes. [is] Q: Let me ask it this way: What job did Jim [19] Bryant have, if you know, in April of 1969? [20] A: He was a specialist in the market ing group, [211 and he was specializing in dielectrics. [22] Q: And was he specializing in dielectrics which [23] contained polychlorinated biphenyl? [24] A: Yes. [25| Q: Does that exhibit appear to relate information Page 72 [l] that Jim Bryant had on or about April 11, 1969, regarding [2j scrap Pyroclor disposal? Concannon & Jaeger (314) 421-1000 Min-U-Script [3] A: Yes. [4] Q: Is this the type of record that Mon santo em- [51 ployees would make as part of the regular business activity [6| of Monsanto? [7] A: Yes. [8] Q: And do you know whether this record was kept [9] by you in your file as pan of Monsanto's ordinary course [ 101 of conducting its business? [ii] A: I would have said this is from the central [12] file, not my personal file. U3] Q: It would be maintained in the central file? U4] A: Yes. [15] Q: All right. Mr. Benignus, you now have in [16] front ofyou Plaintiff's Exhibit 872. Is this a letter [i7] from W. B. Papageorge to you, dated January 19, 1973? [is] A: Yes. [19] Q: Is this a document you have seen before? [20] A: Yes. [21] Q: Is this a true and accurate copy of the letter [22] Mr. Papageorge sent to you January 9th, 1973? [231 A: Yes. [24] Q: Was this letter written after com pletion of [25| the final draft ofguidelines regarding the proper use, Page 73 [i] handling, and disposal of askarels by the ANSI, A-N-S-I, [2] Committee, C-107? [31 A: This was preparatory to the incep tion of that. [4[ Q: All right. And was this the kind of record [5] that Monsanto regularly made as part of its business [61 activity? [7] A: Yes. . [8] Q: Was this record kept in the ordi nary course of [9] Monsanto's regularlyconducted business? [io] A: Yes. Hi] MR. BRADLEY: Off the record. [12] (Thereupon, a short colloquy was had.) [131 Q: (byMr.Bradley)Mr.Benignus,you now have [14] in front of you Plaintiff's Exhibit 820. Is this a July [151 24, 1973 letter, with attachments, from A. M. Salazar, [ 16] Secretary ofANSI C-107 Com mittee, to all members of the [i7[ ANSI Committee, C-107? [18] A: Yes. [19] Q: Were you a member of the ANSI Committee, [20] C-107, on use and dis posal of askarel and askarel-soaked [211 materials? [22] A: Yes. [23] Q: OnpagetwooftheletterffomMr. Salazar, in [24] the second paragraph there is a reference to "Exhibit A." [25] Do you see that? Page 69 - Page 73 STLCOPCB4023534 Paul Benignus April 2,1993 Nevada Power Company v. Monsanto Company, et aL Page 74 [2i Q: The next three pages of that ex hibit have in [3] the bottom right-hand corner "Exhibit A" stamped onto them; (4| is that true? Down at the bottom. [5| A: I believe that's true. (6i Q: And the third page of the Exhibit A, which is [7] the last page of the entire exhibit, is entitled "Propo- [8] sal;" is that true? [91 A: Yes. [io] Q: And looking, now, back at the second page of mi the exhibit, the second paragraph says, "The Chairman also [i2] requested the Working Groups to prepare recommendations for [13] the first revision..." Do you see it there? Let me start [i4] all over again: "The Chair man also requested the Working [15] Groups to prepare recommendations for the first revision, [i6| with respect to the new proposals contained in EX HIBIT [17] 'A'." Do you see that? 118] A: Yes. [19] Q: Do you know whether the proposal which is the [201 last page of this exhibit was the proposal that was (2i 1 referred to in the second paragraph of page two of this [22] exhibit? [23] Do you know the answer to my question? Does [24] the last page of that exhibit which has the word "Proposal" [25] on the top, which you have now reviewed, I believe, is that Page 75 [i] the proposal that was referred to as Exhibit A in the [21 second paragraph of page two of the letter from A. M. [3] Salazar to committee members? [4] A: This is only a section of it. It's pan of [5] it, but it's certainly not the entire thing referred to [6( here in that second, paragraph. This is merely one facet. [7] Q: Well, the facet that is discussed in the last [8] page of that exhibit has to do with a system for handling, [9] shipping, and disposing of transformer grade sample service [io] askarel wastes to pro vide environmental safety; is that [ti] cor rect? ' [121 A: Correct. [13] Q: And looking at page three of the exhibit, [14] which is a May 2,1973 letter from W. B. Papageorge to Dr. (hi A: Pozefsky, P-o-z-e-f-s-k-y, and Mr. E. L. Raab, R-a-a-b, [16] both of General Electric Company -- [17] A: Yes. [18] Q: -- this letter discusses the need for specific [19] instructions for private and public carriers ofaskarel [201 fluid to instruct them in the proper handling of askarels (211 during emergency condi tions; is that correct? [22] A: I lost it. [231 MR. FEATHERSTONE: I think, Paul, when Mr. [24] Bradley is asking you a question, you're going have to [25] listen to the question and then read the docu ment, if you Page 76 [1] need to read it to answerthe question. [2] Q: (by Mr. Bradley) Let me do it this way, Mr. 13] Benignus: Doyouknowwhetherthe three pages marked [4i Exhibit A -- [5] A: Uh-huh. [6] Q: -- were the Exhibit A that was attached to the m cover letter fromA. M. Salazar to committee members and [8] that was discussed in the second para graph of page two of [9] the cover letter? [io] A: As I said, I don't think so. I think this is [in one facet, one detail of what is mentioned here on page [12] two. [13] MR. BRADLEY: All right. Then let's go off [14] the record for a moment. [Hi (Thereupon, a short recess was taken.) (161 Q: (by Mr.Bradley) Mr.Benignus, we have now [17] separated Plaintiff's Ex hibit 820, with the agreement of [18] all counsel, so that it now is a two-page document from A. [191 M. Salazar, Secretary, ANSI C-107 Committee, to all members [20] of the ANSI Committee, C-107, on use of askarel and [211 askarelsoaked materials, dated July 24th, 1973; is that [22] true? [231 A: Yes. . [24] Q: Is this a document that you have seen before? [25] A: Yes. Pago 77 (U Q: Is this a true and accurate copy of the letter [2] A: M. Salazar sent to members of the ANSI Committee,as [31 indicated, onJuly 24,1973? [4] MR. FEATHERSTONE: Without Ex hibit A. [5] Q: (by Mr. Bradley) Without Exhibit A that's [6] referenced. [7] A: Yes. [8] Q: Okay. And is this -- Let me ask: Who was -- 19] A: M. Salazar was the Secretary of the ANSI C-107 [io] Committee? [ill A: Yes. [12] Q: What was the ANSI C-107 Com mittee in July of [13] 1973? [14] A: ANSI is abbreviated. It's the American [151 National Standards In stitute.This is the group,the [16] organiza tion, immediately underneath Congress, and what is [17] developed at ANSI, the American National Standards [is] In stitute* a standard, which is what is being worked on [191 here, goes into the Federal Register in Congress as the [20] function and the next step by ANSI. That's where it goes. [2i] It's delivered. That's the end of the line, Congress. [22] Q: And was a vote solicited by ballot from [23] committee members as pan of this July 24th, 1973 letter? [24] A: Yes. [25] Q: And was this exhibit written by Mr. Salazar at . Page 78 [1] or about the time of the -- I take it it was written at the [2] time he was solicit ing the voting. . [31 A: I would think so. [4] Q: Okay. And was this exhibit main tained by [5] Monsanto in the regular practice of Monsanto's business [6] ac tivity? m A: Yes. [8] Q: And was it kept in the ordinary course of [91 Monsanto regularly-con ducted business? [10] A: Yes. [in Q: Would you now look at Plaintiff's Exhibit [i2j 820-A.That is a letterfrom W. B. Papageorge to Dr. [13] Pozefsky and E. L. Raab, of General Electric Company, dated [i4] May 2nd, 1973; is that correct? [Hi A: Yes. [16] Q: And at the bottom it shows that you were one [17] of two people who received a copy; is that correct? [18] A: Yes. [19] Q: And it shows you were a Steering Committee [20] Chairman of the ANSI Committee, C-107; is that correct? [21] A: Yes. [22] Q: Had you seen this letter prior to today? [231 A: Yes. [24] Q: Is this a true and accurate copy of the letter (251 W.B.Papageorge sentto Dr. Pozefsky and Mr. Raab May 2nd, Page 79 HI 1973? [2] A: Yes. [3] Q: Is this a letter that was made as part of [4] Monsanto's regular practice of business? [5] A: Yes. [6] Q: And was this record kept in Monsanto's ordi- [7i nary course of its regularly-conducted business? [8i A: Yes. [9] Q: Will you now look at Plaintiff's Exhibit [io] 820-B. Is this a document you have seen before today? [11] A: I can't say categorically. Page 74 - Page 79 Min-U-Script Concannon & Jaeger (314) 421-1000 STLCOPCB4023535 Nevada Power Company v. Monsanto Company, et aL [12] Q: All right. Would you now look at Exhibit [1311474? Is this a letter that you wrote to Mr. Donald [Hi McClain -- [HI A: Yes. [i6| Q: -- of Westinghouse, in April of 1970? [17] A: Yes. [is] Q: Is this a true and accurate copy of the letter [i9i you sent to Mr. McClain on that date? [20] A: Yes. [21] Q: Is this a record that you made in response to 1221 a March 31,1970 letter from Mr. McClain? [23] A: Yes. [24] Q: Was this record made as part of the regular [25] practice of Monsanto's business? Hi A: Yes. Page 80 [2| Q: And was the record kept in the ordinary course [3] of Monsanto's regularly-conducted business? [4] A: Yes. [5] Q: Would you now look at Plaintiff's Exhibit [6] 1586. Do you have that ex hibit in front of you? [7] A: Yes. [8] MR. BRADLEY: Let's go off the record fora [9] moment. [101 (Thereupon, a short colloquy was had.) [ii] Q: (by Mr. Bradley) Do you have Plaintiff's [12] Exhibit 1586 in front of you? [131 A: Yes. [H] Q: Is this a copy of a letter that you wrote to [i5]Ms.Valyrie Wendt,W-e-n-d-t, on February 11,1972? [i6] A: Yes. [17] Q: Is this a true and accurate copy of the letter [is] that you sent to Ms. Wendt on that date? [19| A: Yes. [20] Q: Is this a letter that responds to a January 1211 26th, 1972 inquiry from Ms. Wendt regarding Aroclor 1016? [22] A: Yes. [231 Q: Did you generate this letter as part of [24] Monsanto's regular business activity? [25] A: Yes. Page 81 Hi Q: And was the record kept in the ordinary Course [21 of Monsanto's regularly-conducted business? [31 A: Yes. [4] Q: Would you now look at Plaintiff's Exhibit [5] 1202. Is this a three-page letter from you to Mr. Edward [6] L. Raab, at General Electric, dated June 9th, 1970? m A: Yes. [8] Q: Is this a true and accurate copy of that [9] letter? [ioi A: Yes. [in Q: Is this lener a response to a June 2nd, 1970 [12] letter that you received from Mr. Raab? [13] A: Yes. [14] Q: Did you make this letteras pan of the regu- [15] lar practice of Monsanto's business activity? [16] A: Yes. [17] Q: Was this letter kept in the ordi nary course of [is] Monsanto's regularlyconducted business? [19] A: Yes. [20] Q: Would you now look at Exhibit 1633? [21] A: Yes. [22] Q: In March of 1970 was Jim Bryant a Monsanto [23] employee? [24] A: Yes. [25] Q: And was this exhibit a letter from Jim Bryant, Page 82 [i] dated March 3rd, 1970,to Mr.Kenneth Carlson in Milwaukee, [2] Wisconsin? 13] A: Yes. [4] Q: And was this letter -- Is this a letter you [5] have seen before? [6] A: Yes. [7] Q: Was this letter a response to a re quest from [8] Mr. Carlson regarding Ineneen? [91 A: Yes. [io] Q: And was this letter made as part of the regu- [ii] lar practice of Monsanto's business activity? [12] A: Yes. [13] Q: And was it kept in the ordinary course of [Hi Monsanto's regularly-con ducted business? [15] A: Yes. [16] Q: Will you now look at Plaintiff's Exhibit 1632. [17] Is this the document you have seen before? [is] A: Yes. [19] Q: This is a letter from Jim Bryant again, this [20] time to Dr. Lyon Mandlecom, L-y-o-n M-a-n-d-l-e-c-o-r-n, [2i] of Westinghouse, dated February 16, 1972; is that correct? [221 A: Yes. [23] Q: Up at the top right-hand portion of this [24] exhibit it shows that you received a blind carbon copy of [25] the letter; is that true? Page 83 HI A: Yes. [2] Q: And did Mr. Bryant apparently cre ate this [31 exhibit in response to a telephone conversation he had with [4], Dr. Mandlecom? Concaimon & Jaeger (314) 421-1000 Mln-U-Script Paul Benignus April 2, 1993 [5] A: Yes. [6] Q: And was this letter generated as part of the [7] regular practice of Monsanto's business activity? [8] A: Yes. [9] Q: Was the letter kept in the ordinary course of [io] Monsanto regularly-con ducted business? [11] A: Yes. [12] Q: Would you now look at Plaintiff's Exhibit 818. [13] A: Okay. [Hi Q: Is this a document you've seen before? [15] A: Yes. [16] Q: Is this a March 29, 1972 letter from E. L. [17] Raab of General Electric to you and others? [18] A: Yes. [19] Q: Is this a true and accurate copy of the March [20] 29, 1972 letter received by you from Mr. Raab? [21] A: Yes. [22] Q: Was there an ANSI C-107 working group on [23] transformer meeting that resulted in the development of a [24] questionnaire on askarel transformers? [25] A: Yes. Page 84 HI Q: Was this letter generated follow ing distribu- [2] tion and computation of the questionnaire on askarel trans- (31 formers? [4] A: Yes. [5] Q: Was this record made as pan ofthe regular [6] practice of -- Let me rephrase the question. Did Monsanto [7] maintain a copy of this letter as part of its regular ly- [8] conducted business activity? [9] A: Yes. [10] Q: During the -- Did you work for Monsanto for [ii] forty years? [12] A: Yes. Forty-one. U3I Q: During the forty-one years you worked for [hi Monsanto, did you have occasion to exchange letters with (151 General Electric? [16] A: Yes. [i7i Q: And you did that as pan of Mon santo regular [is] business activity? [19] A: Yes. [20] Q: Did you receive from General Electric letters [21] that they generated as pan of their regular business [221 ac tivity? [23] A: Yes. [24] Q: Is this a letter that you received from Mr. [25] Raab that was generated as pan of General Electric's Page 85 Ii] regular business activity? Page 80 - Page 85 STLCOPCB4023536 Paul Benignus April 2, 1993 Nevada Power Company v. Monsanto Company, et aL (2| MR. KUNEY: Objection. No founda tion for (3i that. - Hi A: Yes. (5| MR. BRADLEY: And you want to talk about [6] cooperation and stipulations. [7j MR. KUNEY: Ask me for a stipulation. Don't [8] ask Monsanto witnesses about whether GE documents were [91 generated in the ordinary course of GE business. (ioj MR. BRADLEY: Will you stipulate that that (11] exhibit was generated in the ordinary course of GE's [12] business? U3i MR. KUNEY: Yes. H4] Q: (by Mr. Bradley) Will you now look at 415? (151 A: Okay. (16| Q: Mr. Benignus, do you have Plaintiff's Exhibit [17] 415 in front ofyou? [i8] A: Yes. [191 Q: Is this a document you have seen before? ' [20] A: Yes. [2i| Q: Is this a copy of a letter written by W. B. [22] Papageorge to Mr. Jenkins, dated July 8th, 1970? (23) A: Yes. 124] Q: And in the top right-hand comer it indicates [251 you received a blank carbon copy of this letter; is that Page 86 [1] true? [2] A: Yes. 131 Q: Did Monsanto have biodegrada tion studies on- [4] going as of July 8th, 1970 regarding its Aroclors? (5| A: I think so. [6| Q: Does this letter discuss Monsanto's knowledge [71 of biodegradability of Aroclors as of July 8th, 1970? [8] A: Yes. 19] Q: And does it discuss Monsanto's knowledge of [io] the toxicity, disposal, and analytical methodology of nil Aroclors as known to Monsanto as of July 8th, 1970? [i2| MR. FEATHERSTONE: Object to the form of the [13] question. [i4] Q: (by Mr. Bradley) Does this letter discuss [i5i Monsanto'S knowledge on those subjects as ofJuly 8th, [i6i 1970? [i7] A: Yes. [is] Q: And was this letter generated as part of the (i9i regular practice of Monsanto's business activity? 120] A: Yes. [21] Q: Was the letter kept in the ordi nary course of [22) Monsanto's regularlyconducted business? [231 A: Yes. [24] Q: Would you now look at Plaintiff's Exhibit [25] 1636? Page 87 [il MR. FEATHEffSTONE: Did you say 1636? [2] MR. BRADLEY: Yes. [3] Is this a docu ment you have seen before? [4] A: Yes. [5] Q: (by Mr. Bradley) Can you tell who the author [6i was of this exhibit? [7] A: Randy Graham. [8] Q: Did you receive a copy of this exhibit from [9] Mr. Graham? [10] A: Yes. mi Q: Is this a true and accurate copy of the docu- [12] ment you received from Mr. Graham that's referring to a [131 date of call of 11-12-70? [Hi A: Yes. [15] Q: Was this record made as pan of the regular [i6] practice of Monsanto's business activity? [17] A: Yes. [18] Q: Was this record kept in the ordi nary course of [i9i Monsanto's regularlyconducted business? [20] A: Yes. [21] Q: Will you now look at Plaintiff's Exhibit 1637. [221 Is this a document you have seen before? [231 A: I believe I've seen it. I was copied in on [24] it. [25] Q: All right. This is a letter from W.R. Page 88 Hi Richard to the file, dated March 10, 1969; is that correct? [2] A: Right. [3] Q: And it shows that you received a copy of it, [4] among others? [5] A: Yes. [6] Q: On March 10, 1969, was W. R. Richard a m Monsanto employee? [8] A: Yes. [9] Q: What work did he do on March 10, 1969 with [io] Monsanto? [11] A: He was director of research of the fluids [121 group. [13] Q: And did Mr. Richard generate this document? I [i4| mean, did Dr. Richard generate this exhibit regarding a [15] meeting held March 6th, 1969 with In dustrial Bio-Test (161 Laboratories, Inc., regarding Aroclor - Wildlife? [17] A: Yes. [18] Q: Was this exhibit made as part of the regular [19] practice of Monsanto's business activity? [20] A: Yes. [21] Q: Was it kept in the ordinary course of [22] Monsanto's regularly-conducted business? [231 A: Yes. 124] Q: Would you now look at Plaintiff's Exhibit [25] 1638. Page 89 [il MR. FEATHERSTONE: Would you give me just ten [2] seconds. [31 (Thereupon, a short colloquy was had.) [4] Q: (by Mr.Bradley) Is this a document you have [5] seen before? I61 A: Yes. [7] Q: Is this a letter from Elmer Wheeler to James [8] Nelson of General Electric Corporation, dated July 21, [91 1969? [101 A: Yes. Hi] Q: It has a handwriting in the top right-hand [121 comer. Do you see that? [13] A: Yes. [14] Q: Is that your handwriting? [15] A: No. [161 Q: Do you know whose handwriting that is? ' [i7i A: No. 118] Q: Absent the handwriting, is this a true and (191 accurate copy of the letter sent by Elmer Wheeler to James (201 Nel son, dated April 21,1969? [21] MR. FEATHERSTONE: The contents of 1638 [221 denotes certain attachments. Do you want to rephrase that (23] ques tion? [24] MR. BRADLEY: I will rephrase it. 125] Absent the attachments that are referred to in Page 90 [il this exhibit, is it a true and accurate copy of the letter [2] sent by Elmer Wheeler to James Nelson, datedjuly 21, 1969? 131 A: Yes, [4] Q: (by Mr. Bradley) And other than the handwrit- [5] ing, correct? [6] A: Yes. (7i Q: Is this a letter that was made as pan of [8] Monsanto's regular practice of business? [9] A: Yes. [ioj Q: Was it kept in the ordinary course of [ii] Monsanto's regularly-conducted business? [121 A: Yes. U3i Q: Would you now look at Plaintiff's Exhibit 828? [14] Excuse me. [15] (There upon, a short colloquy was had.) [16] Q: (by Mr. Bradley) Mr. Benignus, have you seen U7i Plaintiff's Exhibit 828 prior to today's deposition? [18] A: Yes. [19] Q: The first two pages of the exhibit indicate [20] that it's a cover letter from A.M.Salazar,again,Secre- [2i]taryofANSI C-107 Committee, to all members of the Page 86 - Page 90 Min-U-Script Concannon & Jaeger (314) 421-1000 STLCOPCB4023537 Nevada Power Company v. Monsanto Company, et aL ANSI [22] Committee,.C-107, on use and disposal of askarel and [231 askarelsoaked materials, dated August 19,1972; is that [24] correct? [25] A: Yes. Page 91 [i] Q: Would you now look at page -- or excuse me, [2] paragraph four of the first page? Do you see there at the [3] very end of the paragraph it refers to Appen dices 2 and 3? [4] A: Yes. [5] Q: Would you now look at the last two pages of [6] this exhibit? [7] A: Yes. [8] Q: Do the last two pages of Exhibit 828 have [9] written on them at the bot tom, "Appendix 2," on one page, [io] and on the last page, "Appendix 3"? [ii] A: Yes. [12] Q: Do those appear to be the Appen dices 2 and 3 [13] referred to at paragraph four of page one of Exhibit 828? [14] A: Yes. [i5i Q: Also, attached to the cover letter from Mr. [i6] Salazar is what is referred to on the bottom of page one as [17] "Ap pendix #1." Do you see that? [18] A: Yes. [19] Q: Do you know if that appendix is the draft pro- [201 posal for guidelines for handling and disposal of capacitor [21] and transformer grade askarels contain ing polychlorinated [22] biphenyls which is referred to in the first sentence of the [231 fourth paragraph of the first page of Plaintiff's Exhibit [24] 828? [25] A: This is a roster. Page 92 HI MR. FEATHERSTONE: Yeah. He wants to know if [2] that is the draft proposal. [3] THE WITNESS: That's not a draft proposal. [4] It's a list of the people. [5] Q: (by Mr. Bradley) So, I take it -- Let me give [6] some assistance. Does it ap pear that appendix number one [7] is not the guidelines for handling and disposal of capaci- [8] tor and transformer grade askarels containing polychlori- [9] nated biphenyls that's referred to in the first sentence of [10] the fourth paragraph of Plaintiff's Exhibit 828? Hi] A: Yes. [12] Q: It's not the same? [131 A: It's not the same. (i4| Q: Do you recall receiving this docu ment? [i5i A: Yes. [i6] Q: When you received it, do you recall whether it [17] had an appendix number one attached to a cover letter by A. [18[ M. Salazar? [19] A: I can't recall, but that's the idea. [20] Q: Okay. Do you know whether the appendix number [21] one and the ap pendix number two and the appendix number [22] three were attached to the August 18,1972 cover letter [23] sent by A. M. Salazar to members of the ANSI Committee? [24] MR. FEATHERSTONE: All Let's go off [25] the record. right. Page 93 [1] (Thereupon, a short colloquy was had.) [2] MR. FEATHERSTONE: On behalf of the Defen- [3] dants, we stipulate that Plaintiff's Exhibit 828, as its [4] con stituted, in fact was part of the transmit tal ofAugust [5] 18,1972 from ANSI to its members. [6] Q: (by Mr. Bradley) And the portion that was [7] missing from the August 18, 1972 transmission is the pro- [8] posal for the guidelines for handling and disposal of [9] capacitor and transformer grade askarels containing poly- [10] chlorinated biphenyls; is that correct? mi A: Yes. [12] Q: And absent the proposal, is this a true and [131 accurate copy of the material sent to you by A. M. Salazar [14] on August 18,1972? [15] A: Yes. [16] Q: Was this exhibit written at or about the time [17] that Mr. Salazar dis tributed a draft proposal for guide- [i8| lines for handling and disposal of capacitor and trans- [19] former grade askarels containing polychlorinated biphenyls? [20] A: Yes. [21] Q: Was it the regular practice of ANSI to send [22] out this kind of docu ment? [23] A: Yes. [24] Q: And did Monsanto keep a copy of this as part [25] of Monsanto's regular business activity? [2] Q: Would you now look at Plaintiff's Exhibit 833. [3] MR. FEATHERSTONE: If it matters to you, we [4] just did this one. It's 828. [5] MR. BRADLEY: We withdraw 833. [6] Would you look at Plaintiff's Exhibit 1171. m Is this a document written by you November 11,1971? [8] A: Yes. [9] Q: (by Mr. Bradley) Is this a true and accurate [io] copy of the document you wrote on that date? [11] A: Yes. [12] Q: And is this an agenda for a meet ing? Concannon & Jaeger (314) 421-1000 Min-U-Script Paul Benignus April 2, 1993 (131 A: Yes. [14] Q: And did you generate this docu ment at or about [151 the time of the meeting? [16] A: Yes. [17] Q: And did you generate this docu ment as part of [is] Monsanto's regular business activity? [19] A: Yes. [20] Q: And did you maintain a copy of this document (211 in the ordinary course of Monsanto's regularly-conducted (221 business? [23] A: Yes. [24] MR. BRADLEY: Let's go off the record one more [25] time. Page 95 [l] (Thereupon, a short colloquy was had.) [21 Q: (by Mr. Bradley) Mr. Benignus, would you put [3] Plaintiff's Exhibit 1497 before you,please.Is this a [4] September 1,1970 letter from Mr. Papageorge to Mr. [5] Reinhardt? [6] A: Yes. 17] Q: And you're listed down as having received a [8] blind copy? [9] A: Yes. [101 Q: Excuse me. Not a blind copy, a regular copy. [11] A: Yes. [12] Q: Have you seen this document before? [13] A: Yes. [14] Q: Is this a true and accurate copy of the letter [15] sent by Mr. Papageorge to Mr. Reinhardt, dated September 1. 116] 1970? [17] A: Yes. [i8i Q: Did you inform Mr. Papageorge on or about [19] September 1,1970, sug gesting that he prepare a paragraph [201 or two describing the PCB problem to be handled through [21] ANSI? [22] A: Yes. [23] Q: Is the attachment to the Septem ber 1, 1970 [24] letter the material prepared by Mr. Papageorge pursuant to [25] your suggestion? Page 96 HI A: Yes. [2] Q: Was this exhibit made as part of Monsanto's [31 regular business activity? [4] A: Yes. [5] Q: And was the record kept in the ordinary course (6) of Monsanto's regularly-conducted business? m A: Yes. [8] Q: Would you now look at Plaintiff's Exhibit [9] 1492? Is this a letter from Mr. Papageorge to Mr. V-i- [io] 1-a-n-d of Wes- Page 91 - Page 96 STLCOPCB4023538 Paul Benignus April 2, 1993 Nevada Power Company v. Monsanto Company, et aL tinghouse Corporation, dated October 1,1970? '' [ill A: Yes. [i2i Q: And at the top right-hand portion of this [131 exhibit does it indicate that you received a blind carbon [14] copy of the letter? [151 A: Yes. [i6i Q: Is that a true and accurate copy the letter [i7i Mr. Papageorge wrote to Mr. Viland on October 1,1970? (i8i A: Yes. (i9i Q: Did Monsanto do a study in the Gainesville, [20] Florida area in 1938? (2ii A: That was before my time, but yes. [22i Q: All right. And was this letter writ ten by Mr. (231 Papageorge generated shortly after he received results of [24] laboratory information relating to the 1938 Monsanto study [25] in the Gaines ville, Florida area? Page 97 m MR. FEATHERSTONE: Object to the form. [2] A: Yes. 131 Q: Did Mr. -- Let me phrase it this way: Did (4] Monsanto come into posses sion of laboratory information re- [5] lating to a study it conducted in the Gainesville, Florida [6] area in '38 on or around October of 1970? 17] A: I think so. [8| Q: And was this letter apparently written after [9] receipt of that laboratory information? hoi A: Yes. [ill Q: Was this exhibit made as part of the regular [121 practice of Monsanto's business activity? [131 A: Yes. [14] Q: Was it kept in the ordinary course of U51 Monsanto's regularly-conducted business activity? [i6i A: Yes. [17] Q: Did I ask you whether it's a true and accurate [18| copy? [19] A: Yes. 120] Q: And it is? 121] A: Yes. [22i Q: Would you now look at Plaintiff's Exhibit [231 1239. Is this a February 7, 1973 letter from E. L. Raab to [24i mem bers of an insulating fluid subcommit tee, IEEE uans- [25] formers committee? Page 98 li] MR. FEATHERSTONE: There's a ref erence in the [2] third paragragh that attaches a copy of the minutes. That [31 does not seem to be part of this exhibit. You want to re- [4] phrase that to be a cover letter? (51 Q: (by Mr. Bradley) Is this exhibit a letter [6] sent by Mr. Raab, absent a copy of the minutes ofthe last [7] meeting that went to the members of the insulating fluid [8] subcommittee? [9] A: Yes. [10] Q: Is it a true and accurate copy of the letter [ii] sent by Mr. Raab on that date, absent the attachment? [12] A: Yes. [131 MR. BRADLEY: Will General Electric stipulate [14] that this record was made as part of the regular practice [i5] of General Electric business activity? [16] MR. KUNEY: Yes, we will. [17] Q: (by Mr. Bradley) Was this exhibit maintained [18] by Monsanto in the ordi nary course of its regularly- [i9i con ducted business? [20] A: Yes. [2ii Q: Would you now look at Plaintiff's Exhibit [22] 1158. Is this a copy of a February 23rd, 1971 letter from [231 A: M. Salazar regarding minutes of the committee on use and [24] disposal ofaskarel ofthe board ofdirectors ofthe power [25] equipment division of the National Electrical Manufacturers Page 99 HI Association, dated February 23rd, 1971? [2] A: Yes. [31 Q: Is this a true and -- Have you seen this docu- [41 ment before? [5] A: Yes. [6] Q: Is this a true and accurate copy of that docu- [7] ment prepared by A. M. Salazar on February 23rd, 1971? [8] MR. FEATHERSTONE: The docu ment, Mr. Bradley, [9] refers to exhibits A through H, right next to his signature no] block. [11] Q: (by Mr. Bradley) Absent any ex hibits that [12] this document says are attached, is this a true and [131 accurate copy of the letter sent by Mr. Salazar on February [14] 23rd, 1971? [15] A: Yes. [i6i Q: Was it the regular practice of the National [17] Electrical Manufacturers As sociation to generate documents [i8] such as Plaintiff's Exhibit 1158? [19] A: Yes. [201 Q: And did Monsanto keep a copy of this in the 121] ordinary course of its regularly-conducted business? (22) A: Yes. (231 Q: Now would you now examine Exhibit 1141? [24] Steve, I'm showing you a copy. The one I have [25] handed the witness has no highlighting on it. - Page 100 [il Is this a March 1,1972 letter with an [2i attachment to ANSI C-107 working group members on capaci- [31 tors, in cluding you? [4] A: Yes. [5i Q: Is this a document you have seen before? (6i A: Yes. [7] Q: And is this document with its at tachment a 18] true and accurate copy of a document with its attachment [9] that was sent by A. Pozefsky to ANSI C-107 working group [10] members on capacitors, including you, on March 1, 1972? [11] A: Yes. [121 MR. KUNEY: Ralph, could I just ask, is the [131 wit- ness Saying that with the handwriting is how it came? [14] There are some handwritten notations in the attachment, and [15] I would say more than one handwriting, to my observa tion. [161 Q: (by Mr. Bradley) All right. Would you look [17] at page nine of the attach ment? [18] A: Okay. [19] Q: Do you see the wording up there, "I do not [20] believe this is acceptable to enforcement agencies," and [21] there's a signature, initials, and it looks like "WBP"? [22] A: Yes. [231Q: And when you received this document did it [24] have any handwrit ing on it? [25] A: I don't know. Page 101 [i] Q: Would you turn the page to page ten of the [21 attachment? Do you sfee the handwriting of words on that [31 page? Hi A: Yes. [5] Q: Do you recall whether, when you received this [6i document, there were any handwritten words? [7] A: No. (8) Q: Well, other than the handwritten words that [9] appear on that exhibit, is this a true and accurate copy of [io] the letter and attachment sent to you and others by Mr. [11] Pozefsky on March 1, 1972? [12] A: Yes. [131 MR. BRADLEY: And will General Electric stipu- [14] late that this record was made as part of the General [i5] Electric regular business activity? [i6] MR. KUNEY: I guess in the present form we [i7i could only so stipulate as to the cover letter. [i8i MR. BRADLEY: Can you stipulate that the cover [191 letter and the attach ment, minus any handwritten words, [20] Page 97 - Page 101 Min-U-Script Concannon & Jaeger (314) 421-1000 STLCOPCB4023539 Nevada Power Company v. Monsanto Company, et aL Paul Benignus April 2, 1993 were generated by GE as part of its regular business [21] activity, so that if I went through and I removed the [22] handwriting, you would be satisfied? 1231 MR. KUNEY: The problem that I have, Ralph, is [24] that I don't know whether it was or wasn't sent with any of [25] the handwritten notations, so I can't do that at this Page 102 (U point. [2] Q: (by Mr. Bradley) All right. Was the first [31 page of this exhibit, the letter without the attachment, [4] maintained by Monsanto in the ordinary course of its [5] regularly-conducted business? [6] A: Yes. [7] Q: Okay. Would you now look at Plaintiff's [8] Exhibit 1153? Is this a letter from Paul W. Gann to Clancy [91 E.Jayne, dated June 7,1972? [io] A: Yes. [ill Q: At the bottom there is a blind note; do you [12] see that? [131 A: Yes. [Hi Q; Also at the top of this it indicates that you, [i5i among others, received a blind carbon copy; is that true? [16] A: Yes. [17] Q: Have you seen this exhibit before? [18] A; I'm not certain that I did. It was not in my [19] area. This Gann is in the heat transfer fluids area. [20] Q; Do you know if Mr. Gann is still a Monsanto [21] employee? [22i A: No. I didn't know him. [231 Q: Would you now look at Plaintiff's Exhibit [24] 1152? Have you seen this document before? [25] A: Well, again it's this Paul Gann, heat transfer Page 103 HI area. I'm not certain whether I'm -- Although I got a [2] blind copy, I'm not certain that I saw it. It was out of [31 my area. [4] Q: All right. Would you now look at Plaintiff's ]5] Exhibit 1593? Is this a letter sent by W. B. Papageorge to [6] W. R. Richard? [7] A: Yes. [8| Q: Have you seen this document before? [9] A: Yes. 1 ioi Q: Is this a true copy ofa letter dated UU September 13th, 1971, from Mr. Papageorge to Dr. Richard? [12] A: Yes. U3] Q: Is this a document that was made as part of [i4i Monsanto's regular prac tice of business? [15] A; Yes. U6] Q: And was the record kept in the ordinary course [17] of Monsanto's regularly-conducted business? [is] A: Yes. [i9i Q: Would you now look at Plaintiff's Exhibit [20] 1254? Is this a copy of a letter from W.B. Papageorge, [21] dated Novem ber 4, 1971, to Mr. Edward L. Raab of General [22] Electric Company? [23] A: Yes. [24] Q: Is this a true and accurate copy of the letter [25] sent by Mr. Papageorge to Mr. Raab on that date? Page 104 [i] A: Yes. [2] Q: Wasthis -- Is this a record that was made as [31 part of Monsanto's regular practice? [4] Yes? What? [5] MR. FEATHERSTONE: Well, that let ter refers to [6] attachments. [7] MR. BRADLEY: All right. Fine. [8] Is this a true and accurate copy, absent any [9] attachments, that was sent by Mr. Papageorge on November 4, [ioi 1971 to Mr. Raab? UU A: Yes. [12] Q: (by Mr. Bradley) And was this ex hibit, and [13] again minus any attach ments referred to, made as part of [14] the regular practice of Monsanto's business activities? [15] A: Yes. [16] Q: Was the record kept in the ordi nary course of [17] Monsanto's regularlyconducted business? [i8i A: Yes. [19] Q: Now look at Plaintiff's Exhibit 1508. Is this [20] a letter written by you on October 13th, 1971 to Dr. Dakin [21] ofWestinghouse? [22] A: Yes. [23] Q: Did you write the letter in response to a [24j telephone call you received by Dr. Dakin on that date? [25] A: Yes. Page 105 [l] Q: Is this a true and accurate copy of the letter [2] you wrote to Mr. Dakin on that date? [3] A: Yes. [4] Q: Did you write this letter as part of the [5] regular practice of Monsanto's business activity? [6] A: Yes. [7] Q: Was the record kept in the ordi nary course of [8] Monsanto's regularlyconducted business? [9] A: Yes. [10] Q: Would you now look at Plaintiff's Exhibit 336. [in Is this a copy of a letter from T. K-a-t-a-y-a-m-a to you, [121 dated March 22nd, 1972? Concannon & Jaeger (314) 421-1000 Min-U-Script [13] A: Yes. [14] Q: Is this a true and accurate copy of the lener [15] sent by that gentleman to you on that date? [16] A: Yes. [17] Q: Was this letter written in response to a March [ibj 20th, 1972 ques tion that you posed in a letter? [19] A: Yes. [20] Q: Was this letter made as part of the regular [21] practice of Monsanto's busi ness activity. [221 MR. FEATHERSTONE: Which one. now, PX 336? [231 MR. BRADLEY: Yes. [24i A: Yes. [25] Q: (by Mr. Bradley) And was the let ter kept in Page 106 111 the ordinary course of Monsanto's regularly-conducted [2] business? [31 A: Yes. [4] MR. BRADLEY: It is now a little after 4:00, [5] and I understand that your attor ney would like you to leave |6] so that you can avoid the rush-hour traffic. So, we still [7] have a few more questions for you, but we'll arrange them [8] on another occasion to fit your con venience. Thank you [9] very much. [ioi THE WITNESS: Thank you. [111 (Thereupon, the deposition was ad journed, to be [12] reconvened at a future date.) Page 102 - Page 106 STLCOPCB4023540 This Page intentionally Left Blank STLCOPCB4023541 Nevada Power Company v. Monsanto Company, et aL Paul Benignus April 2, 1993 o 005255 61:17 024992 65:6 1 I 65:11:91:17; 95:4,15,19,23; 96:10,17; 100:1,10; 101:11 10 88:1,6,9 1016 80:21 II 72:1; 80:15; 94:7 11-12-70 87:13 1141 99:23 1152 102:24 1153 102:8 1158 98:22; 99:18 1171 70:6; 94:6 11th 71:10,16 1202 70:6; 81:5 1239 97:23 1242 57:7 1248 37:12,22; 57:11,14,25,25; 59:3,7 1254 57:22; 59:10; 103:20 1260 57:23; 59:10 13th 103:11; 104:20 1463 64:8,12 1464 63:18;64:9,13; 65:5 1466 62:23 1467 63:9 1472 65:1 1474 70:6; 79:13 1492 96:9 1497 95:3 1508 104:19 1586 70:6; 80:6,12 1593 103:5 16 82:21 1632 70:5; 82:16 1633 70:5; 81:20 1634 70:5; 71:5 1636 70:5;86:25; 87:1 1637 70:5; 87:21 1638 70:6; 88:25; 89:21 16th 64:14 18 92:22; 93:5,7,14 19 36:8; 72:17; 90:23 1930s 30:3,21,24 1933 10:3 1934 10:8,14,15; 11:10 1935 29:23 1937 44:2,18; 45:20; '55:5,10 1938 96:20,24 1939 15:1 1942 15:1,9:16:12; 39:6; 50:16; 56:11,12,15,22; 57:16,20; 58:22; 59:2,6,8 1946 16:5,12 1947 20:7,16; 21:9; 22:13:34:12; 36:3,6,10,10,14; 39:15 1951 21:18; 22:13; 25:4; 27:7 1952 21:18:25:18; 39:15 1954 30:12;32:9 1955 59:19 1956 59:22 1968 64:14 1969 64:10; 68:6; 71:10,16,19; 72:1; 88:1,6,9,15;89:9,20; 90:2 1970 79:16,22; 81:6,11,22; 82:1; 85:22; 86:4,7,11,16; 95:4,16,19,23; 96:10,17; 97:6 1971 94:7; 98:22; 99:1,7,14; 103:11,21; 104:10,20 1972 80:15,21; 82:21;83:16,20; 90:23; 92:22; 93:5,7,14; 100:1,10; 101:11; 102:9; 105:12,18 1973 72:17,22; 73:15; 75:14; 76:21; 77:3,13,23:78:14; 79:1; 97:23 1974 27:2,14,20 1975 27:22 2 2 75:14;91:3,9,12 20th 105:18 21 89:8,20; 90:2 22nd 105:12 23rd 98:22; 99:1,7,14 24 73:15;77:3 24th 76:21; 77:23 26th 80:21 29 83:16,20 2nd 78:14,25; 81:11 3 3 91:3,10,12 31 79:22 336 105:10,22 34 13:20 37 13:20 38 97:6 3rd 82:1 4 4 103:21; 104:9 415 70:6; 85:14,17 42 15:1 436 62:5 437 59:16; 62:6 47 5:14 5 52 25:5; 27:8,13; 34:12 56 59:20 6 62223 5:15 6th 88:15 7 7 97:23; 102:9 738247 65:5 74 27:13; 28:15; 68:19; 69:3,4 75 28:15 8 818 70:6; 83:12 820 70:6; 73:14; 76:17 820-A 78:12 820-B 79:10 828 70:7:90:13,17; 91:8,13,24;92:10; 93:3; 94:4 833 70:6; 94:2,5 872 70:6; 72:16 8th 85:22; 86:4,7,11,15 9 979 43:25:44:11; 47:25; 48:7 9th 72:22; 81:6 A A-N-S-l 73:1 a-s-k-a-r-e-15:25 abbreviated 77:14 ability 69:7,13 able 17:16 above 65:6 Absent 89:18,25; 93:12; 98:6,11; 99:11; 104:8 absolutely 7:11 absorbed 50:5,10,19; 51:2,5,17 acceptable 100:20 accommodate 5:3 according 52:12; 59:1 accurate 63:5,6; 70:13; 71:15;72:21; 77:1; 78:24; 79:18; 80:17; 81:8; 83:19; 87:11;89:19; 90:1; 93:13; 94:9; 95:14; 96:16; 97:17; 98:10; 99:6,13:100:8; 101:9; 103:24; 104:8; 105:1,14 acid 10:22; 14:2; 37:17,21 acne 55:8 acquainted 34:18,19:35:12,16 active 28:9 activi 66:23 activities 104:14 activity 66:25; 67:11; 70:16; 72:5; 73:6; 78:6; 80:24; 81:15; 82:11; 83:7; 84:8,18,22; 85:1; 86:19; 87:16; 88:19; 93:25; 94:18; 96:3; 97:12,15; 98:15; 101:15,21; 105:5,21 actually 38:13; 64:8 add 55:1 addition 6:14; 38:16 Additionally 35:3 additives 26:20,21 address 5:13 adhesives 22:15 adopt 62:3 adopted 61:14; 62:3 advanced 12:5,16,16,24 advent 19:25 advisement 29:18 affected 52:7 again 24:15;51:10; 68:4;74:14;82:19; 90:20; 102:25; 104:13 against 4:16; 16:2 age 4:2 agencies 100:20 agenda 94:12 ago 4:12; 5:21;6:3; 21:25; 26:9 agree 42:13 agreed 70:8 agreement 17:14; applying 14:21 76:17 ahead 34:1,23:41:1; 49:9; 51:24; 67:10 air 65:23 Alabama 17:1; 20:10; 24:11; 54:2,4 alleged 6:24 alleging 6:22 allowable 65:11 appreciate 47:14 appropriate 32:23 approval 30:14 approve 30:9 approved 30:11 approximately 13:19; 14:5 April 71:10,16,19; 72:1; 79:16; 89:20 already 18:17,18; 25:4; 37:2; 41:22; 47:10; 57:1 area 10:9; 19:17; 26:12; 44:19; 46:15; 49:25; 64:17; Although 103:1 Alton 11:3 always 27:8; 34:25; 35:1 American 17:19; 28:7;77:14,17 among 88:4; 102:15 analysis 13:23 66:23,25:67:20; 96:20,25:97:6; 102:19,19; 103:1,3 argue 41:2,3 Aroclor 16:11,12,15,17,24; 17:7; 19:6,11; 21:1; 22:1,13,19; 23:5,10,23:24:22; analyst 38:13 25:5; 27:1,9; 30:15; analytical 11:14,15; 12:1,4,6,8,10,16, 17,24; 13:22; 44:19; 55:13; 86:10 analyze 11:19,22; 13:2 Analyzing 11:17; 12:21 ' and/or 18:20 animal 46:7 Anniston 17:1; 20:10; 24:11; 54:2,4; 60:10; 62:17; 63:16 32:8,11,18:34:17,20; 35:14;36:14; 37:1,12,22; 57:7,13,14,22,23,25; 59:3,7,10,10;65:8; 66:7,17,22;68:1,10; 69:7; 80:21; 88:16 j Aroclor's 23:15; | 69:13 - I Aroclors 20:18,21; ! 22:10; 23:2; 24:2; 30:19; 36:21; 57:19; 61:19,22;62:18; 65:15;67:1,14,19; ANSI 73:1,16,17,19; 86:4,7,11 76:19,20; 77:2,9,12,14,17,20; 78:20; 83:22; 90:21,21;92:23; 93:5,21:95:21; 100:2,9 answered 48:9 anybody 50:2 anymore 27:18 anyone 52:17; 53:1,18,20; 55:2 apparently 83:2; 97:8 appear 68:5; 71:25; 91:12; 92:6; 101:9 appears 38:24 around 13:20;40:8; 97:6 arrival 43:15 arrive 17:13 arti 42:4 article 44:3 articles 43:3,10,10,17; 44:12 askarel 5:25; 6:8,21,23; 7:25; 8:5; 9:3,12; 73:20; 75:10,19:76:20; 83:24; 84:2; 90:22; 98:24 askarel-soaked 73:20; 76:21:90:23 Appendices 91:3,12 askarels 8:7,21; Appendix 91:9,10,17,19; 92:6,17,20,21,21 73:1; 75:20; 91:21; 92:8; 93:9,19 assembled 36:21; appli 32:21 37:1 applica 27:8 application 14:19,20; 20:23; 21:3; 23:15; 33:6 assignment 20:17; 39:24 assis 36:23 assistance 92:6 applications assistant 20:18,21:22:5,6; 21:12,14,20; 22:2,8; 25:18,20; 27:1 24:1,6,12,19:25:12; Concannon & Jaeger (314) 421-1000 Min-U-Script 005255 - assistant STLCOPCB4023542 Paul Benignus April 2, 1993 Nevada Power Company v. Monsanto Company, et aL 36:18; 39:14,21; 40:11; 41:8; 42:6; 43:4,18; 44:4,12; 46:2; 68:24 Association 99:1,17 assume 7:9; 14:8; 32:13; 50:14; 51:3,18,19:53:15; 63:6 atrophy 65:13; 67:2,16; 68:3,11; 69:9,14 attached 76:6; 91:15:92:17,22; 99:12 attaches 98:2 attachment 95:23; 98:11; 100:2,7,8,14,17; 101:2,10,19; 102:3 attachments 73:15; 89:22,25; 104:6,9,13 attack 58:25 attention 54:22 attorney 4:19:34:3; 70:7 ature 39:14; 43:4 August 90:23; 92:22; 93:4,7,14 author 87:5 authority 29:12 available 36:16; 37:9; 41:12 Avoid 35:4; 38:21,22:50:20; 51:15,25:53:12; 54:22; 65:20,20; 66:2 aware 39:24,25; 44:15,16,22,24,25; 45:1,2,12,18; 46:4; 50:3,5,8 away 29:19; 54:8,9,21 B B 4:9; 72:17; 75:14; 78:12,25;85:21; 103:5,20 B-e-l-l-e-v-i-H-e 5:15 B-e-n-i-g-n-u-s 4:10 b-u-t-a 33:13 Bachelor's 9:24 Bachelors 10:2 back 8:17; 16:12; 18:17; 28:23; 35:9,24:38:25; 39:2; 54:1; 59:2,6; 61:5; 63:14; 66:11; 68:7; 70:3; 74:10 background 9:24; 16:21; 31:15; 66:3 backs 47:12 _ badly 19:22 ballot 77:22 based 46:22; 66:1 basic 14:22 basically 58:13 basis 16:9; 29:18; 41:10,10 bat 37:12,23 batch 60:22 Bates 65:5,6 beaker 37:18,20 became 36:23; 39:14; 41:8; 45:18 become 33:18; 34:19; 45:12; 46:3; 50:8 began 11:10,11,13; 12:8; 21:7,8; 25:19; 29:1,15,16; 36:10,18; 39:6; 40:10 begin 13:17; 33:7 beginners 11:13 beginning 20:15; 26:25; 36:2; 56:11,15,22; 57:15,20; 65:5 begun 21:4 behalf 4:4; 93:2 behind 18:13 believe 15:1,2; 30:12; 46:6; 55:17; 57:11; 59:2,4,7; 68:17,18,18,19; 74:5,25;87:23; 100:20 Belleville 5:14 BENIGNUS 4:1,9,11:36:13; 48:12; 63:18; 64:12; 65:16; 69:22; 70:4; 71:2; 72:15; 73:13; 76:3,l6;85:l6; 90:16; 95:2 Benson 37:18 ber 29:19; 43:13 best 30:12:43:16; 44:21; 54:16; 68:22 bestowed 27:6 better 13:22 beyond 18:9; 42:2 Bio-Test 88:15 biodegradability 86:7 biodegradation 86:3 biphenyl 16:8,15; 54:20; 59:25; 60:11,25:61:18,24; 71:23 biphenyls 5:23,25; 6:9; 11:20; 14:7; 15:6; 91:22; 92:9; 93:10,19 bit 16:21; 51:9; 58:21; 66:4; 67:24 blank 85:25 blind 82:24:95:8,10; 96:13:102:11,15; 103:2 block 99:10 blocks 29:19 blond 52:3 Bloomington 7:17,17,20 board 98:24 body 58:16 bones 47:13 booklet 7:6,8 books 40:3 boss 29:6; 45:3,3,15 both 32:14; 67:13; 75:16 - bottom 34:24,25; 35:5; 61:19; 74:3,4; 78:l6;91:9,l6; ' 102:11 boy 4:9 BRADLEY 4:6,11; 9:9,20; 18:23; 23:21; 24:19; 28:3,18,21,23; 31:21,24; 34:1,23; 35:6,12; 36:12; 38:25; 39:3,9,19; 40:9,15,24;4l:6; 42:14,22,24; 43:9; 44:24;48:12,19,24; 49:3,6,9,19; 51:11,24;54:15; 55:4,15,17:57:5,12; 58:6,12; 61:7,10,16; 62:4,6,11;66:14; 69:6,20,22;70:3; 71:2;73:11,13; 75:24;76:2,13,16; 77:5; 80:8,11; 85:5,10,14;86:14; 87:2,5:89:4,24; 90:4,16; 92:5; 93:6; 94:5,9,24;95:2; 98:5,13,17;99:8,11; 100:16; 101:13,18; 102:2;104:7,12; 105:23,25 break 5:2; 28:19; 55:14; 66:4; 69:20 breathe 35:2; 47:11; 58:4 breathed 56:13; 57:3 breathing 38:21; 65:20 brief 11:2; 19:14 briefly 31:22 brings 20:7 Broadway 29:19 brought 4:16; 23:10; 24:3; 29:6,13,22 Bruce 49:4; 69:1 Bryant 71:10,16,19; 72:1;81:22,25; 82:19; 83:2 Buchanan 26:19 building 8:5,7; 20:10 bulletin 18:4 burner 37:18 busi 28:1,3 business 20:9; 21:16; 23:1; 28:5; 70:16,18; 72:5,10; 73:5,9:78:5,9; 79:4,7,25;80:3,24; 81:2,15,18; 82:11,14; 83:7,10; 84:8,18,21; 85:1,9,12; 86:19,22; 87:16,19; 88:19,22; 90:8,11;93:25; 94:18,22:96:3,6; 97:12,15:98:15,19; 99:21; 101:15,20; 102:5; 103:14,17; 104:14,17; 105:5,8,21 buta 33:13 butadiene 33:11,12,17,22; 34:9 c C-107 73:2,16,17,20; 76:19,20; 77:9,12; 78:20; 83:22; 90:21,22; 100:2,9 cal 34:17,20 call 13:7,23:19:15; 87:13; 104:24 called 6:4; 13:15; 16:24; 26:20; 35:24; 53:22; 65:7 Calls 43:6; 58:9 cals 13:3; 19:16 came 49:24; 55:2; 100:13 can 31:22; 37:15,16,17; 42:11; 44:21;50:7,19; 53:14,21:56:17; 58:24; 61:10; 62:13; 65:12; 66:22; 67:1,14,19,25:68:2; 87:5; 101:18 capaci 92:7; 100:2 capacitor 91:20; 93:9,18 capacitors 100:10 carbon 82:24; 85:25; 96:13; 102:15 Carlson 82:1,8 carriers 75:19 carry 53:17,17 Cartridge 11:3 case 6:14,15,17,25; 7:15; 8:3,11,17,20,24 cases 7:13,24; 55:8 casual 41:10,13 catch 37:16 cated 34:16 categorically 43:8; 79:11 cation 32:22 cause 51:21:53:14; 65:12; 66:22; 67:2,14,19:68:2; 69:8,13 caused 30:3,6 causing 68:10 central 72:11,13 cern 44:15 certain 41:24; 51:21; 52:2,12; 57:22; 89:22; 102:18; 103:1,2 certainly 30:7;31:2; 50:20; 59:4,11; 75:5 cetera 57:2 Chairman 74:11,14; 78:20 chance 46:25 charac 40:20 characteristics 39:25 characterizes 49:18 chemi 13:2; 19:15 chemical 10:8,9; 15:13,19:16:3,6,18; 19:1,9; 23:24; 31:14; 56:13; 59:4 chemicals 11:17,20,22; 12:19,21; 13:9; 14:12,17,22,23,25; 15:4,9; 25:6,7,16,22,22; 26:15,22,24; 27:4; 37:14; 57:2; 62:8; 64:9 chemist 13:8,10,14,18,21; 14:4,6,15:37:15; 55:13 chemistry 10:2,12; 23:25:31:15 chemists 38:12 chloracne 53:22,24; 54:4; 55:3,3 chlori 61:23 chlorinated 11:23; 13:3; 14:7; 15:5; 16:8,13,15,16;30:22; 31:4,7,10,10,12,19; 32:2,6; 35:24; 45:10,13,19,25; 46:5,12,18,22; 47:3,9,17,23; 48:15,16,22; 49:16,22,22; 50:11; 55:7,7:61:18; 93:10 Chlorination 59:25; 60:5,11,22,22,25; 61:15 chlorophenol 15:25 City 7:17 cizers 23:16 Clancy 102:8 clear 22:22; 32:22 clearly 8:2 cles 42:5 close 71:4 College 10:1 colloquy 70:2; 73:12; 80:10; 89:3; 90:15; 93:1; 95:1 cological 41:21 color 18:21 com 22:14; 63:6 combina 31:9 commercial 28:10 Commission 17:22 Committee 73:2.16,17,19:75:3; 76:7,19,20; 77:2,10,12,23; 78:19,20;90:21,22; 92:23; 97:25; 98:23 communi 34:15 Company 4:16; 12:20; 17:10,12,14; 31:25:75:16; 78:13; 103:22 Company's 62:17 compare 63:9 compatibility 23:6; 24:25 compiled 30:8 complaints 52:24 complete 18:1,6 completed 10:23 completion 72:24 composition 16:14 compound 31:5; 36:11; 56:23 compounds 23:24; 24:2 computation 84:2 con 27:14;33:23; 44:14 concentration 65:11,24 concern 40:6,7; 44:20 concerned 43:14 conclude 67:13 concluding 49:20 conclusion 37:5 condition 53:22 conditions 65:9; 69:18; 75:21 conducted 70:18; 84:8; 97:5; 98:19 conducting 46:17; 72:10 confined 19:19 conformity 17:14 Congress 77:16,19,21 conjee 54:9 conjecture 54:12,14,16 connected 62:10 Association - connected Min-U-Script Concannon & Jaeger (314) 421-1000 STLCOPCB4023543 Nevada Power Company v. Monsanto Company, et aL Paul Benignus April 2, 1993 connections 28:5 consequences 40:4 consideration 33:10,21 considered 16:13; 33:16 constants 17:4,8; 18:20; 57:18 constituted 93:4 consult 27:17,19 consulted 27:25 consulting 28:15 contact 38:23; 50:21; 51:15; 53:13; 54:23; 65:21; 66:2 contain 59:14 contained 5:24; 11:20,22; 13:3; 24:22; 71:23; 74:16 containers 38:24 containing 91:21; 92:8; 93:9,19 contents 9:16; 89:21 Continuous 59:25; 60:5,11,22,25; 61:14,23 control 13:22,23 convenient 37:21 conversation 83:3 cooperation 85:6 copied 60:18; 87:23 copy 7:8,10,19; 63:5; 70:14; 71:9,15; 72:21;77:1; 78:17,24;79:18; 80:14,17:81:8; 82:24; 83:19; 84:7; 85:21,25:87:8,11; 88:3; 89:19; 90:1; 93:13,24;94:10,20; 95:8,10,10,14; 96:14,16;97:18; 98:2,6,10,22; 99:6,13,20,24:100:8; 101:9,102:15; 103:2,10,20,24; 104:8; 105:1,11,14 corner 71:13; 74:3; 85:24; 89:12 Corporation 30:22; 89:8; 96:10 cotton 19:23,24 couldn't 45:21; 67:21 counsel 76:18 counterparts 67:6 countries 17:22 country 17:20 course 40:6;42:17; 66:5,14,19:70:17; 72:9; 73:8; 78:8; 79:7; 80:2; 81:1,17; 82:13; 83:9:85:9,11; 86:21;87:18; 88:21; 90:10; 94:21; 96:5; 97:14; 98:18; 99:21; 102:4; 103:16; 104:16; 105-17 ' cover 76:7,9; 90:20; 91:15:92:17,22; 98:4; 101:17,18 covered 28:2;35:18; 37:6 crack 37:20 create 83:2 creed 35:1; 50:22 cubic 65:11,23 cumulative 56:24; 58:2 customer 51:4,16 customers 50:19; 51:1,2,14;60:20; 65:17 D D 64:11 d-i-e-n-e 33:14 Dakin 104:20,24; 105:2 dants 93:3 dark-skinned 52:4 data 23:6; 24:25 date 44:1;63:10; 64:10,11,13,14; 79:19; 80:18; 87:13; 94:10;98:11; 103:25; 104:24; 105:2,15 dated 71:10; 72:17; 76:21;78:13;81:6; 82:1,21; 85:22; 88:1; 89:8,20;90:2,23; 95:15:96:10; 99:1; 102:9:103:10,21; 105:12 dealings 45:15 dealt 43:13 Defen 93:2 defines 65:25 degrada 20:1 Degree 9:25; 10:2,4,10,17,24 delivered 77:21 denotes 89:22 density 17:5; 18:21 depart 15:18; 55:18 department 13:24,25; 14:1,2,11,14,17,24; 15:4,10,14,16,20; 16:4,7,19; 17:3; 18:8,10.18; 19:2,10,15,18; 20:3; 26:20,21; 29:13,14,25:37:7; 39:7,10,15; 57:8,10,15,20; 68:15,23 deposes 4:3 deposition 4:22,24; 5:7,16,19,22;6:3,6,7; 7:2,3,5,10,16,19,23; 8:8,10,19; 60:3; 90:17 depositions 6:11; 7:14 dermatitis 65:12; 66:22;67:15,19; 68:10; 69:8,13 describing 95:20 desirable 37:19 detail 76:11 details 57:4 deteriorated 19:24 determine 37:13 determined 48:20 determining 24:24; 46:21 detonator 11:5 detonators 11:7 develop 17:2; 18:7; 21:12; 22:1; 23:1; 24:12,21; 53:9; 59:12 developed 16:1; 19:21; 21:5; 23:12,17,18;55:7; 62:7; 77:17 developing 20:25; 22:10 development 15:10,14,16,18,20; 16:4,7,18; 18:10,18; 19:1,10,15,18; 20:4; 21:15,19:22:2,9,19; 23:9:24:2,7,20; 25:12;36:19,24; 37:7; 40:11; 41:8; 42:7; 43:5,18; 44:5; 46:3; 83:23 dielectrics 71:21,22 diene 33:13 differ 12:7 different 12:12; 27:12; 63:10; 64:13 differentiated 14:22 difficult 56:19 diphenyl 11:23; 13:4; 14:7; 15:5; 16:8,13:30:22; 31:10; 32:6; 35:25; 45:10,13,19,25; 46:5,12,18,22; 47:3,9,17,23; 48:16,22; 49:16,23; 55:7 direc 43:4; 44:4 DIRECT 4:5;44:20; 60:5 directly 13:8 director 21:12,14,19,20; 22:2,8; 24:2,6,12,20; 25:12; 29:5,25; 30:7; 36:18,24:39:14,21; 40:11; 41:8; 42:6; 43:18; 44:13; 46:2; 88:11 directors 98:24 discourses 42:19 discrepancy 54:19 discus 69:6 discuss 32:8;67:12; 86:6,9,14 discussed 32:17; 66:23; 68:12; 75:7; 76:8 discusses 75:18 discussion 33:2,4,20; 34:8,11; 55:5 discussions 68:9; 69:16 disposal 72:2; 73:1,20; 86:10; 90:22; 91:20; 92:7; 93:8,18:98:24 disposing 75:9 disseminated 17:21 distribu 84:1 distributed 60:20; 93:17 divi 20:8; 21:6 division 14:12,17,25:15:4; 17:1,2; 19:16; 20:8,16; 21:9,17,17,20; 22:3,9:24:13,14,20; 25:6,7,13,17,22,23; 26:15,22,25:27:4; 36:19,24:37:7; 39:22; 40:12;41:9; 42:7; 43:5,19; 44:5; 46:3; 62:8; 64:9; 98:25 division's 15:10,14,20; 16:4,7,18; 19:1,9 doctor 29:19 docu 17:17; 70:8; 87:11; 99:3,6 document 59:19,22; 60:2,6,8,13:62:7,24; 63:2,10,13,19,20,21; 64:15; 65:2; 70:12; 71:7; 72:19; 75:25; 76:18,24;79:10; 82:17; 83:14; 85:19; 87:3,22; 88:13; 89:4; 92:14;93:22; 94:7,10,14,17,20; 95:12; 99:8,12; 100:5,7,8,23; 101:6; 102:24; 103:8,13 documented 8:2 documents 44:12; 64:19,22;71:3; 85:8; 99:17 Donald 79:13 done 8:14; 15:17; 27:22; 45:6 doubt 44:22; 67:1,4,8,14; 68:9; 48:14,21:49:14,21; 69:12; 75:16; 78:13; 60:9 81:6; 83:17; down 41:16;63:15; 66:4; 74:4; 95:7 Dr 29:2,4,24; 30:3,6,11,14; 84:15,20; 89:8; 98:13,15; 101:13,15; 103:22 Electric's 84:25 32:8,18,24:33:4,19; electrical 18:2; 34:8,15; 20:21; 25:20; 27:1.8; 45:2,3,9,12,15,18: 30:19; 98:25; 99:17 46:4,8,11,16,21; I elevated 35:3; 47:2,8,16,22; 37:25; 38:22; 47:11 48:13,20; 49:13,13,20; 53:5,8,18,20:55:4; 67:5; Elmer 89:7,19; 90:2 else 28:1; 51:19 em 72:4 68:8,14,15,17,20,22; emergency 75:21 69:2,7,11,16,17; emitted 35:2; 38:22 75:14;78:12,25; 82:20; 83:4; 88:14; 103:11; 104:20,24 draft 72:25;91:19; 92:2,3; 93:17 Drinker 44:16,25; 45:1,4,5,9,12,14, 15,18; 46:4,9,11,17,21,24; 47:2,8,16,22; 48:13,20; 49:20 Drinker's 45:2; 49:13,13 Drive 5:14 duced 11:18 duly 4:2 during 4:24; 11:19; 13:2; 15:3; 19:18; 22:18; 27:7; 31:24; Emmett 29:2,13,21; 32:8 employee 46:13; 81:23; 88:7; 102:21 employees 6:19,20; 8:18; 9:2,12; 55:6; 62:14,19:63:12,24; 66:21,21 employment 28:2; 66:5,15,19 enable 10:16 encountered 65:15 end 22:13; 69:3,3; 77:21; 91:3 enforcement 100:20 engage 54:11 enhance 19:20 entire 74:7; 75:5 39:20; 43:18; 44:4; entities 31:11 46:2; 57:5; 66:4,9,14,19:68:14; 75:21; 84:10,13 entitled 30:18; 62:8; 64:9,20; 74:7 entitles 54:15 environmental E 75:10 equipage 19:22 E 75:15:78:13; 83:16; 97:23; 102:9 equipment 8:16; 98:25 early 15:1; 21:18; 23:4; 37:6; 38:7,15,21;45:22; 50:13; 66:15 easy 56:18 Edgar 29:10 educate 42:20 essence 12:23 Essentially 12:9; 21:2 establish 42:10 established 17:10 estimate 5:21; 30:12; 43:16; 68:22 education 10:3 estimates 54:16 educational 9:23 estimating 43:11 Edward 81:5; 103:21 et 57:2 effects 45:10,13; 46:5:48:15,22; 49:15,22 effort 19:20 eight-hour 65:24 either 53:1 elaborate 49:1 evacuated 38:4 everybody 9:4; 50:20 | everyone 65:20,22 ; everything 17:15; i 18:1; 37:3; 42:10; | 58:4,5 Electric 4:17; 17:10,12,14; 66:6,20,21; I evolved 37:25; 60:9 exact 5:20; 34:13; I 38:24; 71:3 Concannon & Jaeger (314) 421-1000 Min-U-Script connections - exact STLCOPCB4023544 Paul Benignus April 2, 1993 exactly 52:7 EXAMINATION 4:5 examine 99:23 example 23:5; 43:14; 60:20 examples 18:3,6 exceeds 8:1 Except 58:4 exchange 84:14 excuse 9:7; 24:14; 49:11; 54:13; 60:13; 67:9; 90:14; 91:1; 95:10 Exhibit 43:24; 44:11,11';48:7; 59:l6;6l:l,7,17; 62:23:63:8,9,17; 64:3,8; 65:1,5,18; 71:5,25;72:16; 73:14,24; 74:2,3,6,7,11,16, 20,22,24; 75:1,8,13; 76:4,6,17:77:4,5,25; 78:4,11;79:9,12; 80:5,6,12; 81:4,20,25:82:16,24; 83:3,12;85:11,16; 86:24; 87:6,8,21; 88:14,18.24; 90:1,13,17,19; 91:6,8,13,23:92:10; 93:3,16; 94:2.6; 95:3; 96:2,8.13; 97:11,22; 98:3,5,17,21; 99:18,23; 101:9; 102:3,8,17,23; 103:5,19; 104:12,19; 105:10 exhibits 69:23; 70:5,19;99:9,11 existence 32:1 expand 17:17,20; 34:24; 58:19 experience 38:7,15 experiments 48:13; 49:20 explain 16:20; 17:7; 37:11 explained 39:25 explode 8:8 explosives 11:6 exposed 38:2; 51:6; 55:6; 56:1; 58:14 exposure 6:23; 35:4:38:7,18; 40:4; 46:5,6,7; 47:5,13; 48:22; 49:15; 50:23; 52:1; 53:16 extent 5:10; 17:6; 28:9; 30:7;40:5,6,22; 45:22;47:4 eye 65:14 eyes 38:1; 55:20 F F 13:15; 15:11 fabrics 19:24 facet 75:6,7; 76:11 facilities 24:10; 29:17 fact 93:4 fair 52:3 fairly 37:16 familiar 31:25; 44:17; 45:5; 62:7 family 23:24 far 55:1 FEATHERSTONE 9:5,14; 18:5,11,14; 23:17; 24:17; 27:25; 28:20; 33:23; 34:21; 35:8; 36:11; 39:17; 40:1,13,20;41:3; 42:8,14,21; 43:6; 44:10; 48:6,9,17,23,25; 49:5,8,17; 51:8,22; 54:11; 55:14; 56:23; 57:9; 58:2,9; 61:3,6,13,25; 62:5; 69:2; 70:1; 75:23; 77:4; 86:12; 87:1; 89:1.21:92:1,24; 93:2; 94:3; 97:1; 98:1; 99:8; 104:5; 105:22 February 80:15; 82:21; 97:23; 98:22; 99:1,7,13 Federal 77:19 few 4:12; 29:19; 33:8; 54:24 figure 56:17; 68:21 file 41:25; 42:9; 72:9,12,12,13; 88:1 final 72:25 finding 46:11 fine 16:23; 55:15; 61:12; 104:7 finished 70:9 fire 37:17 first 4:2; 23:18; 29:24; 30:10; 31:3; 32:17,19:33:3; 35:16; 43:12; 54:1; 74:13,15:90:19; 91:2,22,23:92:9; 102:2 fit 42:23 five 43:23:61:16 five-tenths 65:22 Florida 8:3; 96:20,25; 97:5 fluid 75:20;97:24; 98:7 fluids 88:11; 102:19 flush 28:25 followed 28:8 exactly - intended Nevada Power Company v. Monsanto Company, et aL Following 27:7,19,22; 84:1 follows 4:4 form 12:20; 32:25; 33:24;34:22; 39:17; 40:13; 41:1; 42:17; 48:17,23,24; 49:8,17; 51:8; 61:25; 86:12; 97:1; 101:16 formal 32:19:37:2; 41:10 formalized 36:15; 39:23; 40:25 formally 46:14 former 93:19 formers 84:3; 97:25 formulated 17:11 formulations 38:17 forth 17:5; 20:2; 24:11:38:9,10; 39:24; 47:6,20 forties 45:22 forty 84:11 Forty-one 84:12r13 foundation 51:23; 85:2 founder 13:16 four 8:2; 43:23; 91:2,13 four-year 22:18 fourth 91:23; 92:10 Francisco 6:5 front 72:16;73:14; 80:6,12:85:17 full 37:20 fumes 35:2;37:25; 38:1,3,7,22;47:11; 55:19; 56:2,2,7,9,13,14,20; 57:1,6,25; 58:5,15,24;59:2,4,7; 65:13:67:2,15; 68:2,11;69:8,14 function 67:12; 77:20 functions 27:11 fundamentally 65:25 fundamentals 38:20 funds 45:4 fungi 20:2 fungistat 19:21; 20:4 fungus 16:2 further 17:20 G Gainesville 96:19,25; 97:5 Gann 102:8,19,20,25 gave 7:15,19:9:4,11; 35:9; 50:25; 57:1; 71:3 GE 55:6;69:17; 85:8,9; 101:20 GE's 85:11 General 4:17; 17:10,12,14; 40:7; 43:10; 57:2; 66:6,20,21; 67:1,4,8,13:68:9; 69:12; 75:16; 78:13; 81:6; 83:17; 84:15,20,25:89:8; 98:13,15; 101:13,14; 103:21 handwriting 89:11,14,16,18; 100:13,15,24; 101:2,22 handwritten 100:14; 101:6,8,19,25 happened 34:6 happens 37:24 harm 58:7 Hazards 65:7 head 68:15,17 hear 29:8; 31:3 generality 57:3 generalization 56:7 generate 80:23; 88:13,14;94:14,17; 99:17 generated 83:6; 84:1,21,25:85:9,11; 86:18; 96:23; 101:20 heard 31:1; 45:14,16,22,24; 46:1; 53:23; 54:3; 55:2 hearing 45:23 heat 37:18,24; 102:19,25 heated 55:19; 59:3 held 88:15 gentleman 105:15 George 26:19 help 49:2;6l:2,8,ll; 67:25 German 31:19 here's 37:24 gets 22:6 given 6:11;7:14,23; 9:2,13; 32:21; 33:6 giving 42:15 high 37:14,16,19,20; 65:10 higher 50:11 highlighting 99:25 glycerin 37:15 goes 54:1;65:15; 77:19,20 hired 45:3 historically 50:22 history 8:23; 23:25 good 8:15; 28:18; 33:15; 49:3,6 grade 75:9;91:21; 92:8; 93:9,19 Graham 87:7,9,12 greatly 43-14 home 20:13 honor 13:16 hood 38:4,10 hopefully 71:4 Houston 6:15; 8:18,24; 52:22 grounds 41:4; 42:15 group 14:18;71:20; 77:15; 83:22; 88:12; 100:2,9 hundred 29:17; 30:1; 43:10 hygiene 67:5 Groups 74:12,15 guess 31:14; 43:20; I 101:16 guesswork 42:8,12; 43:7; 54:16 guide 93:17 guidelines 72:25; 91:20; 92:7; 93:8 ical 40:19 idea 43:10; 92:19 identified 70:21 IEEE 97:24 Illinois 5:15; 10:1,2 immediate 44:22 H immediately 77:16 implication 52:5 H 99:9 Halowax 30:22; 31:1,4,6,9,12,16, implied 52:22 important 33:14 in-house 60:21 17,18,25 Inc 88:16 hand 62:22 inception 73:3 handed 99:25 incident 41:11; handle 20:17 53:24; 54:2,25; 55:3 handled 20:20; 95:20 inclined 54:9 Handling 30:19; include 17:25; 22:16 65:15; 73:1;75:8,20; Including 18:23; 91:20; 92:7; 93:8,18 100:3,10 handwrit90:4 income 28:14 index 18:22 Indiana 7:17 indicate 59:21; . 61:22; 64:9; 68:8; 69:11;90:19; 96:13 indicated 22:21; 37:3; 51:11; 55:17; 57:5; 77:3 indicates 65:8; 85:24; 102:14 indicating 39:4 indoors 33:16,24 industrial 67:5; 88:15 industry 18:2; 30:20 Inerteen 82:8 inform 66:21; 95:18 informa 23:6 informal 40:18,21 informally 41:6; 46:16,21 information 23:7; 24:25; 34:17,20; 35:13,17;36:16; 40:19; 42:5; 50:25; 51:16; 60:19; 65:17; 71:25; 96:24; 97:4,9 informed 31:12; 48:19; 49:12,19; 53:2; 65:17,19; 67:1 ing 28:7; 54:23; 64:23; 68:10,11; 90:5 ingestion 65:10 inhalation 65:10,20 inhale 66:1 initially 22:6 initials 100:21 initiated 21:4,5 injured 6:22 inorganic 17:1; 20:8,16; 21:6,9,17,20; 22:2,9; 24:14,20;25:6,21; 26:14; 57:9 inorganics 36:19,24;39:15,22; 40:12;4l:9; 42:7; 43:5,19; 44:5;46:3 inquired 54:5 inquiry 80:21 inside 23:12 instance 18:8; 28:1 instead 28:6 Institute 77:15,18 instruct 75:20 instruction 59:13 instructions 62:17; 75:19 instructs 34:4 insulating 97:24; 98:7 intended 60:12,19; 62:14,18,25;63:23; 64:15 Min-U-Script Concannon & Jaeger (314) 421-1000 f STLCOPCB4023545 Nevada Power Company v. Monsanto Company, et aL Paul Benignus April 2, 1993 intending 51:1 interchangeably ' 32:12 interest 17:23,23; 18:2; 23:7; 40:7,23; 42:2; 44:22;47:10; 60:23:67:11 interested 22:25; 43:9; 45:17; 47:4,7; 56:16; 58:13 interests 22:23; 23:11,12,13; 24:3,4 intermediate 14:3 International 17:21 interpret 47:19; 64:24 interrupt 67:10 interrupting 42:25 Interteens 64:21 into 9:23; 12:5; 14:11,13,16;21:17; 22:6; 25:6,22; 26:11; 29:22; 42:18; 77:19; 97:4 introduced 4:12 invented 19:21; 22:5 invited 20:8 involve 6:20 involved 6:19;7:l6; 14:2; 18:19; 20:25; 30:15; 34:9; 45:16; 64:2 involvement 44:20; 59:12 involving 8:18 irritant 52:9,15 irritated 52:16 irritating 38:1; 55:19,22 irritation 51:21; 52:18; 53:3,6; 65:14 iso 53:23 isolated 54:25 J J 64:11 Jacksonville 8:3; 10:1 James 89:7,19; 90:2 January 64:10;68:6; 72:17,22; 80:20 jargon 51:10 Jayne 102:9 Jenkins 85:22 Jim 71:10,16,18; 72:1; 81:22,25; 82:19 job 11:10,11,25; 14:13; 21:8,11; 25:8; 26:2; 27:3,11; 30:2,5; 40:11; 71:18 John 13:15; 15:11 join 20:8 journal 38:13 journals 40:3 judgment 8:13; 32:21,25; 33:5 July 73:14; 76:21; 77:3,12,23:85:22; 86:4,7,11,15;89:8; 90:2 June 81:6,11; 102:9 K K-a-t-a-y-a-m-a 105:11 keep 8:2;41:5; 93:24; 99:20 Kelly 29:2,4,7,13,21,24; 30:3,6,11,14; 32:8,18,24;33:4,20; 34:8,15:45:3; 53:5,8,18,20; 55:4,12; 67:5; 68:8; 69:2,17 Kenneth 82:1 kept 70:17; 72:8; 73:8; 78:8; 79:6; 80:2; 81:1,17; 82:13; 83:9; 86:21; 87:18; 88:21;90:10;96:5; 97:14; 103:16; 104:16; 105:7,25 kidney 58:18,25 kind 15:18; 33:8; 44:15; 52:4,13; 73:4; 93:22 knew 31:14;32:1,4; 34:16; 36:15,16; 37:3; 50:13,15; 54:6,8;67:6,7,14 knowing 22:25; 45:17; 58:13 knowledge 52:20; 56:6,12; 86:6,9,15 known 31:5;45:5; 86:11 knows 54:20 KUNEY 85:2,7,13; 98:16; 100:12; 101:16,23 L L 75:15; 78:13; 81:6; 83:16; 97:23; 103:21 I-a-n-d 96:10 L-o-u-g-e 21:21; 36:20 L-y-o-n 82:20 lab 12:4,16r 37:9,10,11;39:7,10; 50:15:55:18; 56:10,15; 57:7,15,20 label 53:17,17 labeling 50:22 labels 35:1;38:24; 39:4; 53:12 labora 37:8 Laboratories 88:16 laboratory 11:14,16; 12:1,6,11,17,25; 15:15,15,17; 24:7,9,10;37:8,12; 96:24; 97:4,9 lack 51:22 lacquers 22:15 landfill 7:16,20 lar 81:15; 82:11 largely 19:23 last 4:8; 21:24; 26:8; 39:3:66:11; 74:7,20,24;75:7; 91:5,8,10; 98:6 late 101:14 lated 53:24 later 38:23; 44:19; 58:23,23 latex 33:17 lating 97:5 law 54:15 lawful 4:2 lawsuit 4:16; 6:2; 52:21 lead 67:21 leads 37:4; 67:13 learn 48:13 learned 58:23 least 6:8; 7:24; 64:20 leave 9:22; 53:16 lectured 49:1 left 12:1,3 left-hand 71:13 legal 51:10 less 43:17 letter 71:15; 72:16,21,24; 73:15,23; 75:2,14,18; 76:7,9:77:1,23; 78:12,22,24; 79:3,13,18,22; 80:14,17,20,23; 81:5,9,11,12,14, 17,25; 82:4,4,7,10,19,25; 83:6,9,16,20; 84:1,7,24; 85:21,25; 86:6,14,18,21; 87:25; 89:7,19:90:1,7,20; 91:15:92:17,22; 95:4,14,24; 96:9,14,16,22; 97:8,23; 98:4,5,10,22:99:13; 100:1;101:10,17,19; 102:3,8; . 103:5,10,20,24; 104:5,20,23; 105:1,4,11,14,17, 18,20,25 letterhead 71:12 letters 84:14,20 level 67:11 lifetime 28:7 limit 65:24 limited 16:9; 24:24 line 34:24,25:35:5; 60:6; 77:21 lines 93:18 Liquid 50:10,11; 57:13; 65:8,9 list 92:4 listed 95:7 listen 75:25 liter 39:13; 43:3 litera 35:21; 38:8 literature 35:20; 36:6,9,14,20,25; 39:11,18,20; 40:2,2,10,22; 41:7,11,14,17,21,24; 42:1; 43:13; 53:12; 59:1;67:17,18; 68:1,4,5 little 7:6; 51:9; 54:22; 65:25; 66:4 liver 58:7,18,25; 65:13;67:3,16; 68:3,11; 69:9,14 living 21:23; 26:5 located 60:10 location 14:12; 19:16 logical 38:17 long 12:24; 14:4,24; 16:3; 21:6,14; 26:11,24; 31:4; 38:8; 54:3; 70:20 long-term 53:16 Iook6l:9,10;71:5; 78:11; 79:9,12; 80:5; 81:4,20; 82:16; 83:12; 85:14; 86:24; 87:21; 88:24; 90:13; 91:1,5; 94:2,6; 96:8; 97:22; 98:21; 100:16; 102:7,23; 103:4,19; 104:19; 105:10 looking 48:3; 56:18; 74:10; 75:13 looks 100:21 lost 49:11; 51:9; 75:22 Louge 21:21,22; 35:18; 36:2; 37:1; 41:12,18,21 Louge's 42:9 Louis 10:5; 13:12; 20:11; 24:9 lunch 69:20 Lynn 19:3,4 Lyon 82:20 M M 73:15; 75:2; 76:7,19; 77:2,9; 90:20; 92:18,23; 93:13; 98:23; 99:7 M-a-n-d-l-e-c-o-r-n 82:20 M-e-t-c-a-l-f 5:14 mainly 45:14 maintain 84:7; 94:20 maintained 72:13; 78:4; 98:17; 102:4 Major 10:2,12 makes 34:3 making 12:20 man 26:7 management 20:9 Mandlecorn 82:20; 83:4 manner 44:14 manuals 59:13 manufactured 11:6; 13:3; 54:2; 60:24; 61:23 manufacturer 63:1 Manufacturers 98:25; 99:17 manufacturing 13:23; 62:9,12; 64:20 many 6:14; 23:20; 26:16; 42:4; 43:2 March 59:21;79:22; 81:22; 82:1; 83:16,19; 88:1,6,9,15; 100:1,10;101:11; 105:12,17 mark 67:24 marked 61:17; 76:3 marketing 71:20 Master's 10:4,10,17,19,24 material 30:13; 54:19; 65:12; 68:1; 93:13; 95:24 materials 5:6,9; 16:25; 17:19; 18:20; 20:23; 22:14; 28:8; 37:9; 73:21; 76:21; 90:23 matter 6:7; 7:24; 9:15; 10:19; 21:2; 22:4 matters 30:9,11,15; 94:3 maximum 65:11 may 7:11,21;9:2; 18:14; 27:12; 44:14; 45:5; 58:19:67:23; 75:14;78:14,25 Maybe 9:18; 22:22; 43:20; 45:21; 46:24; 54:21,23; 57:22 McClain 79:14,19,22 mean 18:4,6,8; 25:23; 44:25; 50:3; 56:4; 60:7; 67:10; 88:14 meaning 19:22; 27:24 means 32:14; 52:1,2 meant 25:14; 51:18; 58:13 medi 34:16,19 medical 29:5,13,14,17,25; 30:7,9,11,15; 35:13,17,19,21; 36:5,9,14,20,25; 38:8; 39:11,13,20; 40:3,10,18; 41:7,17.20:42:2.5; 43:3,12; 58:25:59:1; 67:17,18; 68:4,5,15,23:69:17 medium 37:23; 65:9 meet 29:2,4 meeting 83:23; 88:15; 94:12,15:98:7 ! meetings i 66:6,9,15,20 j melting 37:12,14,22 i member 28:7; 32:20,24; 33:4; 73:19 members 73:16; 75:3:76:7,19; 77:2,23:90:21; 92:23; 93:5; 97:24; 98:7; 100:2,10 membranes 65:14 memorandum 71:9 memory 68:20,22 ment 15:19; 17:3; 18:8; 21:13; 24:13; 55:19; 59:13; 87:12: 99:4,7 mentation 17:18 mentioned 6:15; 76:11 ments 70:9 merely 12:14; 23:8; 75:6 Metcalf 5:14 meter 65:12,23 methodology 17:11; 86:10 methods 17:18 mg 65:11 mice 47:13 middle 34:14 might 40:8; 47:4; 52:5:61:2 military 19:19,22 milligram 65:22,23 Milwaukee 82:1 mind 8:2 Minors 10:2 Concannon & Jaeger (314) 421-1000 Min-U-Script intending - Minors STLCOPCB4023546 Paul Benignus April 2, 1993 Nevada Power Company v. Monsanto Company, et aL minus 101:19; 104:13 minute 24:16 minutes 31:22; 98:2,6,23 Mis 49:17 mischaracterizing 41:5 misinter9:7 misinterpreted 31:18 miss 67:24 missing 93:7 Missouri 10:6 misstating 33:25 morning 49:3 most 5:18; 23:24; 38:3; 50:9; 53:17; 56:2,7 mouth 51:12 move 25:8,11,23; 26:1,14;35:6; 39:3 moved 20:9; 21:16; 25:5,15,16 much 13:1; 20:1; 67:6 mucous 38:1; 55:22; 65:14 must 13:20 myself 60:16 mixture 56:10,21 mixtures N 56:10,14,21 moment 8:17; 76:14; 80:9 moments 4:12 N-e-b-r-e-n-o-n 31:20 N-e-w-c-o-m-b-e 25:25 Monsanto 4:16; 8:24; 9:2,11; 11:9,12,17; 12:8,21; name 4:7,11;6:2,17; 13:13,14:16:11; 31:16,17,18,20; 13:3,16; 17:13; 37:22; 44:16; 20:14; 21:4,4; 22:23; 23:1,1,11,12,14; 24:3,5;25:1; 27:15,19,23; 28:1,16,24; 29:1,14,17,22,25; 30:21; 31:25; 45:4,7; 46:13; 50:18,20,25; 45:2,5,14,16 names 23:22 naphthalene 31:4,7,10,13,19; 32:3; 55:7 naphthalenes 48:15; 49:22 5t:X,12,13; 52:25; narrow 47:15 53:2; 59:13; nary 79:7 60:20,24;6l:23; 62:8,13,14,15,16,18; 63:1,11,23:64:15,22; 65:16,19; 66:5,15,20,21; nated 92:9 nation 61:24 National 77:15,17; | 98:25:99:16 67:1,5; 70:16;71:12; j nature 42:16; 49:6 72:4,6; 73:5; 78:5,9; 81:22;83:10; 84:6,10,14,17; 85:8; 86:3,11;88:7.10; 93:24:96:19,24; 97:4; 98:18; 99:20; 102:4,20 Monsanto's 16:11; 70:17; 72:9; 73:9; Nebranon 31:19 need 8:13; 34:25; 37:13;61:11;75:18; 76:1 needed 15:16; 19:22; 36:16; 37:4 neither 52:14 Nelson 89:8,20; 90:2 78:5:79:4,6,25; ness 28:2,4; 100:13 80:3,24;81:2,15,18; NEV 65:6 82:11,14;83:7; 86:6,9,15,19,22; 87:16,19:88:19,22; 90:8,11:93:25; 94:18,21:96:2,6; 97:12,15:103:14,17; Nevada 4:15 new 8:4,6; 33:17; 74:16 Newcombe 25:25; 26:5,8,14,18,19 104:3,14,17; newly 54:18 105:5,8,21 next 11:8,9,25; month 63:10 13:6,7:14:10,11; months 27:16,20 more 13:1,8;20:1; 21:2; 22:4; 42:19; 43:17; 52:3,6; 54:22; 65:25; 70:19; 94:24; 15:8,9:19:13,14; 20:6,7; 25:3,4; 74:2; 77:20; 99:9 nine 100:17 ninety-seven 21:25 100:15 nitrocellulose 23:5 Nobody 46:1; 54:8,20 non 20:20; 35:6 none 61:11 nonelectrical 20:18,24; 21:1; 25:18 nor 44:20; 52:15 ,, normal 8:15; 17:4; 65:8 notations 100:14; 101:25 note 102:11 nothing 4:3 November 69:3; 94:7; 103:21; 104:9 num43:12 number 65:5,6; 92:6,17,20,21,21 nylon 19:25 o object 33:24; 34:22; 36:11; 39:17; 40:13,20;42:14,22; 48:17,23:49:8,17; 51:8,22; 58:2; 61:25; 86:12; 97:1 objection 34:3; 40:25; 41:4; 42:12,17:43:6; 49:1,7; 56:23; 58:9; 85:2 objections 42:16 observation 100:15 Obviously 51:25; 62:24 occasion 29:2; 32:19; 42:3; 48:2; 50:2; 84:14 occur 34:11; 54:8 occurred 25:9,11,23; 26:1; 34:12; 54:4 occurrence 33:7 October 20:7,15; 21:9; 22:13:36:3,6; 69:4; 96:10,17; 97:6; 104:20 odor 18:22 off31:22;50:24; 51:7; 53:13; 70:1,22; 73:11; 76:13; 80:8; 92:24; 94:24 office 20:13; 24:9 offices 20:9 often 52:15 oil 26:20,21 old 26:6; 27:17 one4:12;6:4,15; 7:12; 8:13; 15:21; 22:15; 27:23; 28:1; 32:14; 33:9; 37:15,17,22;38:2; 43:13; 44:11;48:3,4; 49:24; 52:22; 54:6; 56:1; 58:14; 63:14; 65:22;75:6; 76:11,11;78:16; 91:9,13,16; 92:6,17,21;94:4,24; 99:24; 100:15; 105:22 ones 70:21 only 11:7; 19:7; 39:13; 46:23; 57:3; 75:4; 101:17 onto 74:3 opened 11:10 operating 8:15; 62:17 operation 60:11 operators 63:15,15 oral 33:1 order 71:3 orderly 17:15 ordi 79:6 ordinary 17:4; 18:19,21,22; 70:17; 72:9; 73:8; 78:8; 80:2; 81:1,17; 82:13; 83:9; 85:9,11; 86:21; 87:18; 88:21; 90:10; 94:21;96:5;97:14; 98:18; 99:21; 102:4; 103:16; 104:16; 105:7 organ 58:8; 59:6 organic 10:8,9,12; 14:12,17,25; 15:4,9,13,19; 16:3,6,18; 17:2; 19:1,9,15;21:17; 23:25;24:13; 25:6,13,16,22; 26:15,21,24; 27:4; 31:5:37:7,14; 39:7,10:55:18; 57:8,10,15,20;62:8; 64:9 organization 77:16 organizations 28:9,12 original 7:8 originally 17:11 orthophthalaldehy de 10:22 others 46:25; 71:10,16:83:17; 88:4; 101:10; 102:15 ourselves 4:12 out 25:5; 28:25; 38:7; 47:10; 56:17; 68:21; 93:22; 103:2 outside 21:3; 22:23; 23:1,11,13,14; 24:3,4; 25:1; 53:2; 59:21; 67:20 over 26:19; 28:23; 68:20; 74:14 own 15:15:24:7,8; 38:10;39:7,10; 57:15,20; 63:7 oxidation 10:21 P p-e-n-t-a-c-h-l-o-r-o 15:22 p-h-e-n-o-l 15:23 p-h-t-h-a-l-d-y-d 10:22 p-h-t-h-a-l-i-d 10:21 P-o-z-e-f-s-k-y 75:15 Pacific 19:24 page 61:7,8,11,16,19; 73:23; 74:6,7,10,20,21,24; 75:2,8,13:76:8,11; 91:1,2,9,10,13,16, 23; 100:17; 101:1,1,3; 102:3 pages 74:2;76:3; 90:19:91:5,8 paid 28:11; 54:22 paint 33:11,14,15,16,17, 22; 34:9 paints 22:15:33:18 pany's 63:7 Papageorge 72:17,22;75:14; 78:12,25:85:22; 95:4,15,18,24; 96:9,17,23; 103:5,11,20,25; 104:9 paper 10:16 paragragh 98:2 paragraph 73:24; 74:11,21;75:2,6; 76:8;91:2,3,13,23; 92:10; 95:19 parentheses 61:18 part 6:8; 7:24;l6:13; 40:18; 41:13; 50:22; 54:10; 58:16; 61:10,15:64:20; 70:15; 72:5,9; 73:5; 75:4; 77:23; 79:3,24; 80:23; 81:14; 82:10; 83:6; 84:5,7,17,21,25; 86:18; 87:15; 88:18; 90:7; 93:4,24; 94:17; 96:2; 97:11; 98:3,14; 101:14,20; 103:13; 104:3,13; 105:4,20 participated 55:5 particular 64:5; 67:21 pass 8:13; 32:20,25; 33:5 PAUL 4:1,9; 9:14; 18:5; 21:21,22,24; 24:17; 48:10; 75:23; 102:8,25 PCB 18:20;32:21; 33:5,10,21; 37:9; 40:4; 52:11; 56:10,14,21;62:25; 95:20 PCB-plasticizer 38:16 PCBs 7:25; 16:24; 17:13,22; 20:19,21; 21:1; 25:5; 32:11; 35:2,22:36:6; 37:8,25:38:8; 39:6,10,11,14,20; 41:7,21; 42:6; 43:4; 47:11;50:5,11,11,19; 51:2,4,6,17,20; 52:8,10,12,14,18; 53:3,6,9,14,19,21; 54:1; 55:19; 56:6; 59:14; 60:24 penta 15:24 pentachloro 15:22 Pentachlorophenol 16:1 people 6:21; 19:8; 21:3:23:20,22; 27:17; 51:21; 52:1,2,3,4,5,7,8; 53:2,6,9,21; 60:9,10,14;62:25; 63:13,25:67:5; 78:17; 92:4 per 38:20; 65:11,23 percent 29:17; 30:1 perfectly 8:14 performed 46:4 perhaps 23:23 period 11:7,19; 22:18; 25:17; 27:16; 28:24;39:21 person 42:3; 43:12 personal 72:12 personnel 64:16,22 phenol 15:23 phrase 97:3; 98:4 phthalid 10:21 physical 17:4,8; 18:20; 57:18; 66:6,16 physical-property 23:7; 24:25 physics 10:3 pick 37:17 pinpoint 34:13,13 place 11:9 placed 25:6,22 Plain 64:7; 65:4 Plaintiff 4:4 Plaintiff's 43:24; 44:11;48:7; 62:22; 63:8,17; 65:1; 70:5; 72:16; 73:14; 76:17; 78:11; 79:9; 80:5,11; 81:4; 82:16; 83:12; 85:16; 86:24; 87:21; 88:24;90:13,17; 91:23; 92:10; 93:3; 94:2,6;95:3; 96:8; 97:22; 98:21; 99:18; minus - Plaintiffs Min-U-S cript Concannon & Jaeger (314) 421-1000 STLCOPCB4023547 Nevada Power Company v. Monsanto Company, et aL Paul Benignus April 2, 1993 102:7,23; 103:4,19; 104:19; 105:10 plant 11:5,6; 13:7,10,13,14,15, 17,21; 14:4,6; 15:11; 20:12,13; 24:10; 54:3; 60:6.8,9,11,14,25; 61:23; 62:3,10,24,25; 63:13,13,20,21,25; 64:15 Plant's 62:17 plants 64:23 plasti 23:15 plasticizer 23:5; 33:11,21 plasticizers 22:7,10,19; 23:2,10; 24:21 plaza 6:4 pleasant 38:2; 55:24 please 4:7; 95:3 ployees 72:5 point 16:25; 24:8; 37:12,14,22; 38:6; 44:18; 46:12; 50:4,13; 56:6; 58:11,25; 102:1 pointed 47:10 poison 68:10 poisoning 65:13; 67:2,15:68:2; 69:8,13 poly 93:9 polych!ori92:8 polychlorinated 5:22,25; 6:8; 11:20; 14:7; 15:5; 16:8; 71:23; 91:21; 93:19 polyesters 19:25 popular 33:18 por 39:3 portion 35:10; 82:23; 93:6; 96:12 posal 91:20; 93:8 pose 47:20 posed 105:18 position 29:12; 30:24 possession 97:4 possibility 48:14,21; 49:15,21 poten 20:25 pounds 22:15 powders 11:6 Power 4:15; 98:24 Pozefsky 75:15; 78:13,25; 100:9; 101:11 practice 29:20; 78:5; 79:4,25;81:15; 82:11; 83:7; 84:6; 86:19; 87:16; 88:19; 90:8; 93:21; 97:12; 98:14; 99:16; 103:14; 104:3,14; 105:5,21 preceding 35:9 preparation 5:6,12 preparatory 73:3 prepare 74:12,15; 95:19 prepared 47:16,22; 63:11;64:22; 95:24; 99:7 present 101:16 presentation 33:1 preserver 16:2 pret 9:8 previous 66:12 primarily 58:24 prime 15:21,21; 40:7 prior 25:16; 34:15; 36:6; 39:9; 48:1; 60:2; 63:9; 68:6; 78:22;90:17 private 75:19 pro 11:17; 91:19; 93:7 probably 45:20; 50:12 problem 19:23; 42:25; 95:20; 101:23 procedure 70:8 procedures 17:11; 52:12,13 process 13:24; 59:24; 62:9; 64:20 processes 62:12 proclaimed 52:14 produced 12:22; 14:1; 16:25; 32:4 production 13:8; 14:3,22; 62:25 products 25:5; 59:13 prolongated 66:2 prolonged 35:4; 38:18,22;50:21,23; 51:15,25; 53:12; 54:23:65:21 proper 8:21;30:19; 72:25;75:20 properties 66:7,16 Propo 74:7 proposal 74:19,20,24; 75:1; 92:2,3:93:12,17 proposals 74:16 proposed 33:10,20 propounded 35:10; 66:12 protect 16:2; 19:22 provide 17:16; 23:6; 45:4; 75:10 provided 30:22 providing 23:8 public 75:19 publication 30:16,17;38:12; 67:21 publications 46:24; 65:21 published 30:8,10; 35:19,21; 36:5,9,14,20,25; 39:11,13,20; 40:2; 41:7; 42:4,11; 43:3; 44:16; 46:23; 47:2,16; 65:22; 67:17,18; 68:1 pur 22:4; 47:19 Pure 42:8,12; 43:6 purpose 8:19 purposes 4:21; 20:24 pursuant 95:24 pursue 20:22; 22:12 pursued 22:11 pursuing 21:3 put 7:6; 26:11; 38:4; 51:12; 70:4; 95:2 PX 105:22 Pyranols 64:21 Pyrex 37:18 Pyroclor72:2 Q Queeny 13:15; 15:11; 20:12,13; 29:6,10,10 ques 48:9 questionnaire 83:24; 84:2 quite 37:14,19; 57:21 R R 87:25; 88:6; 103:6 R-a-a-b 75:15 Raab 75:15; 78:13,25; 81:6,12; 83:17,20; 84:25; 97:23; 98:6,11; 103:21,25; 104:10 Ralph 4:11; 100:12; 101:23 rambling 42:19 Randy 87:7 range 65:9,10 rapidly 19:24 rare 33:7 rash 53:10,14 rat 46:6 rather 21:4; 22:5; 47:15 rats 47:5,13 raw 54:19 re 97:4; 98:3 . read 35:8; 38:8,25; 39:2;40:2,8,22; 47:22; 48:1; 61:5; 62:2; 64:11; 65:18; 66:11; 75:25; 76:1 readers 60:12 reading 46:23 Really 12:2; 14:15; 25:10; 29:16; 46:19; 54:8 reason 5:3; 19:16; 28:6; 38:6; 50:21; 53:11; 54:7; 55:13 reasonable 57:21 recall 7:5;8:14; 9:15,18,20,21,22; 12:18; 15:7; 22:17; 23:9,14,21;24:1; 26:3; 29:21; 30:13,23;33:9,19; 34:7; 36:8,9,13:42:4; 43:2;44:3; 53:4,7,11; 64:4,5:92:14,16,19; 101:5 receipt 10:10; 97:9 receive 10:16; 84:20; 87:8 received 10:14; 78:17;81:12; 82:24; 83:20; 84:24; 85:25; 87:12; 88:3; 92:16; 95:7:96:13,23; 100:23; 101:5; 102:15; 104:24 receiving 9:24; 92:14 recent 5:18 recess 28:22; 31:23; 55:16; 69:21; 71:1; 76:15 recognized 23:4 recollect 33:8 recommendations 74:12,15 recommended 38:11,14 recommending 38:13 record 4:8;31:22; 64:8; 70:1,3,15,22; 72:4,8; 73:4,8,11; 76:14; 79:6,21,24; 80:2,8; 81:1; 84:5; 87:15,18; 92:25; 94:24; 96:5; 98:14; 101:14; 103:16; 104:2,16; 105:7 recorded 68:1 recurred 54:21 refer 12:14;32:14; 65:4 reference 73:24; 98:1 referenced 77:6 referred 34:8; 62:6; 74:21;75:1,5; 89:25; 91:13,16,22:92:9; 104:13 referring 48:6; 87:12 refers 60:4; 91:3; 99:9; 104:5 refractive 18:22 regard 68:9 regarding 7:19; 9:1,2,12; 17:8; 19:10; 34:16; 46:4; 47:2,8,17,22;51:13; 59:10; 66:6,16; 69:7; 72:1,25; 80:21; 82:8; 86:4; 88:14,16; 98:23 Register 77:19 regu 81:14; 82:10 regular 70:16; 72:5; 78:5; 79:4,24; 80:24; 83:7;84:5,17,21; 85:1; 86:19; 87:15; 88:18; 90:8; 93:21,25:94:18; 95:10; 96:3:97:11; 98:14; 99:16; 101:15,20; 103:14; 104:3,14; 105:5,20 regularly 70:17; 73:5; 84:7; 98:18 regularly-conduct ed 73:9; 78:9; 79:7; 80:3:81:2,18; 82:14; 83:10; 86:22; 87:19; 88:22; 90:11; 94:21; 96:6; 97:15:99:21; 102:5:103:17; 104:17; 105:8 Reinhardt 95:5,15 relate 5:22; 71:25 related 5:24;6:8; 7:24; 12:19; 20:4; 34:20 relating 35:13;42:5; 61:18; 62:18; 96:24 relative 15:24; 22:12; 28:14; 34:17 relatively 8:4,6; 19:14; 37:14 remained 27:11 remem 29:18 remember 6:2,17; 9:16; 33:3 remove 38:18 removed 8:15,16; 101:21 rephrase 53:19; 84:6; 89:22,24 replaced 8:16 report 18:25; 19:4; 25:21,24;26:13,18; 48:1; 53:5,18,20; 62:9; 64:10 reported 19:8; 26:17; 29:6,8; 35:18,19; 36:2; 48:14; 49:14; 52:17; 55:6 reporter 35:10; 39:2; 61:5:66:12 reporting 46:17 reports 47:8,16,18,22; 52:20; 62:11,13 represent 4:15 represented 4:19 request 27:6;70:7; 82:7 requested 23:15,17,19:25:1; 74:12,14 require 41:11 required 13:23; 15:17; 34:4 research 14:11,14,17,19,20, 23,24; 15:3; 24:10; 62:8; 64:10; 88:11 residential 5:13 resistant 20:1 respect 74:16 respond 42:21 responding 22:23; 42:15 responds 80:20 response 79:21; 81:11; 82:7; 833; 104:23; 105:17 responsibilities 30:2,5 responsive 35:7 restricted 19:19 result 48:13,20; 49:13 resulted 8:7;49:20; 83:23 results 19:5; 52:10; 96:23 retired 27:2,20; 28:6,15; 68:14,16,19,21,23; 69:2,3 retirement 27:14 retracting 18:18 review 5:6; 30:9,14; 36:5; 39:11,20; 40:9,18,21,25; 41:6,14,17,20; 42:1; 46:8; 47:1,16,19,25; 59:17;62:20,23; 63:11,23; 64:15; 69:23; 70:5,8,23 reviewed 36:9,13,19,25; 39:13,18; 41:23; 42:6,9:43:4,17; 44:4,12; 47:7; 74:25 reviewing 70:9 revision 74:13,15 Richard 88:1,6,13,14; 103:6,11 right 4:21; 5:4; 7:13,18; 12:15; 18:17,25:22:17; 25:11;26:4,13; 32:11:34:7,10; Concannon & Jaeger (314) 421-1000 Min-U-Script plant - right STLCOPCB4023548 Paul Benignus April 2, 1993 Nevada Power Company v. Monsanto Company, et aL 39:12; 40:17:41:23; 43:22:46:7,20; 50:17;51:20; 55:15,21,23,25; 56:3,9:57:12,24; 58:6,12; 60:7; 61:6; 62:4,16; 64:1,7; 65:4; 70:25; 72:15; 73:4; 76:13; 79:12; 87:25; 88:2; 92:24; 96:22; 99:9; 100:16; 102:2; 103:4; 104:7 right-hand 74:3; 82:23; 85:24; 89:11; 96:12 risk 38:10 room 12:14 roster 91:25 roughly 29:21,23; 33:19 round-table 55:5 Roush 68:14,15,17,20,23; 69:7,11,16 routine 17:3; 18:19; 19:5 run 173 running 11:5 s S-t-y-r-e-n-e 33:13 saccharin 14:3 safe 65:23 safety 75:10 sal 74:8 salary 28:14 Salazar 73:15,23; 75:3; 76:7,19; 77:2,9,25:90:20; 91:16; 92:18,23; 93:13,17; 98:23; 99:7,13 sales 19:15; 20:3 salicylic 14:1 same 14:12; 19:17; 27:11; 52:7; 59:9; 63:10; 64:13; 65:3; 92:12,13 sample 75:9 San 6:5 satisfied 101:22 saw 26:8; 103:2 saying 45:8; 55:10; 100:13 scrap 72:2 Scratch 54:13 scribed 7:6 sealing 22:14; 24:2 Second 13:11; 20:10; 73:24; 74:10,11,21:75:2,6; 76:8 seconds 89:2 Secre 90:20 Secretary 73:16; 76:19; 77:9 section 12:12,13; 61:1,17; 65:7,8; 75:4 seem 98:3 seemed 52:13 seems 56:18 send 93:21 sensitized 52:16 sensitizer 52:15 sent 71:16; 72:22; 77:2; 78:25; 79:19; 80:18; 89:19; 90:2;92:23; 93:13; 95:15; 98:6,11;99:13; 100:9:101:10,24; 103:5,25; 104:9; 105:15 sentence 91:22; 92:9 separate 12:12; 31:11 separated 76:17 September 44:18; 64:14; 95:4,15,19,23; 103:11 series 69:23 service 23:8; 75:9 setting 29:13 several 27:5 severe 55:8 shared 29:18 shipping 75:9 short 11:7;28:19,22; 31:23; 55:16; 69:21; 70:2; 71:1; 73:12; 76:15; 80:10; 89:3; 90:15; 93:1; 95:1 shortly 36:10; 96:23 j shouldn't 49:2; 54:11 show 43:24; 59:16; 61:1; 63:8,17; 64:7,12; 65:1; 69:23 showers 54:24 showing 61:7; 99:24 shows 78:16,19; 82:24; 88:3 sidered 33:24 sign 7:8 signature 99:9; 100:21 signed 7:9 simply 9:14; 47:15 sion 20:9; 21:7 sions 69:7 sit 41:16; 58:23 six 27:16,20; 43:23 sixty-five 27:17 skin 35:4; 38:17,23; 50:6,10,19,21,23,24; 51:2,5,6,15,17,20; 52:1,3,8,14,15,16, 18,19; 53:3,3,6,6,9,9,12, 16,19,21:54:23; 65:14,21:66:2 skin-patch 52:10,11 soap 38:19; 50:24; 51:7 Society 17:19; 28:7 sole 63:1 solely 63:11 solicited 77:22 soliciting 78:2 solvent 56:7,13; 57:2 solvents 50:9; 53:16,17 somebody 51:19 somehow 42:10 someone 26:13 something 6:4; 30:11; 43:20 sometime 39:15 sometimes 22:21; 53:3; 56:18 somewhat 31:17 somewhere 13:20 sonally 38:21 sorry 29:8;46:19; 54:17 sort 12:5 South 13:11; 19:24; 20:10 special 5:12 specialist 71:20 specialize 25:19; 26:25 specialized 12:6; 25:19 specializing 26:25; 27:8:71:21,22 specific 6:18; 44:14,22; 48:3; 68:12; 75:18 specifically 5:8; 12:18; 14:18; 20:17; 23:3; 33:9; 37:22; 46:10; 54:7; 55:9; 56:25; 57:24; 58:3 specification 18:1 specifications 17:9,18,24; 18:6,20 specified 17:12 speculation 58:10 spell 4:7; 33:12 spelled 4:9 spilled 50:23 spoke 21:24; 69:12 St 10:5; 13:11; 20:11; 24:9 staff 32:20,24; 33:4 stamped 74:3 stand 16:21 standard 19:5,10; 52:13;62:9,12,17; 64:20; 77:18 standardization 17:23. Standards 77:15,17 standpoint 17:15; 19:7 start 9:24; 24:15; 42:25; 70:21; 74:13 started 13:20; 45:3 starting 25:18; 55:13 state 4:7; 42:18 statement 51:5 stating 41:4 Steering 78:19 stemming 19:17 step 77:20 Steve 99:24 Still 12:21; 17:20; 21:22; 26:5; 28:7; 34:3; 44:18; 102:20 stipu 101:13 stipulate 85:10; 93:3;98:13; 101:17,18 stipulation 85:7 stipulations 85:6 stopped 28:15 STR 61:17 Street 13:11; 20:11 strictly 19:19; 27:10 strike 35:6; 39:3; 66:10 studied 10:10; 45:9,13 studies 46:4,6,8,12,17,22; 47:1;48:20; 49:14,18; 86:3 study 45:1;47:8; 96:19,24; 97:5 stuff 44:19 styrene 33:11,12,17,22:34:9 subcommittee 97:24; 98:8 subject 6:7; 7:24; 9:6,10,15; 10:19; 30:8 subjects 86:15 submitted 30:14 sued 22:5 suggesting 95:19 suggestion 95:25 suitability 32:21; 33:5 sulfuric 37:17,21 Sullivan 64:11 suited 27:15 supplier 17:13 supposed 27:18 supposedly 26:16; 61:7 sure 7:11,21,22;8:4; 28:20; 29:23; 30:18; 54:6,20; 68:18 susceptible 50:9; 52:3 sworn 4:2 Sy 25:25; 26:4,14 synthesis 10:8,9 synthetics 20:1 system 33:14,15,22; 75:8 systemic 48:15,22; 49:15,21;65:12; 67:2,15:68:2,10; 69:8,13 systems 21:1 T T 105:11 t-e-r-p-h-e-n-y-l-s 16:16 table 70:4 talk 53:1; 85:5 talked 17:24 talking 18:7; 55:18; 58:15 tant 36:24 tary 90:21 Technical 17:21; 28:9,12 telephone 83:3; 104:24 tempera 37:20 temperature 37:16,19 temperatures 35:3; 37:15,25:38:22; 47:12 ten 43:17; 89:1; 101:1 Tentative 59:24 terization 40:21 term 20:19; 31:1,3 termites 16:2 terphenyls 16:16 test 17:10,18 tested 52:10,12 testified 6:16; 9:6,10,11 testify 6:25; 8:21,23; 9:1 testifying 9:15 testimony 7:20; 33:25;35:11;39:5; 57:6 Testing 17.19; 28:8 tests 52:11 themselves 8:13 thereafter 17:18 Thereupon 28:22; 31:23; 35:10; 39:2; 55:16; 61:5; 66:12; 69:21;70:2;71:l; 73:12; 76:15; 80:10; 89:3; 90:15; 93:1; 95:1 thesis 10:20 they're 16:16;31:11; 38:1; 51:20; 55:22,24 they've 4:16 thin 50:11 third 74:6; 98:2 though 45:17; 67:25; 71:4 three 13:19;21:25; 43:10; 74:2; 75:13; 76:3; 92:22 three-page 81:5 tial 21:1 ties 8:22 tiff's 64:8; 65:5 times 37:13 tion 20:2; 23:7; 31:10; 39:4; 48:10; 84:2 tions 27:9 title 6:18; 11:11,13; 12:1; 14:13; 21:8,11,12; 25:8,15,15;26:2; 27:3,12; 40:11;44:1; 62:13; 64:13 titled 59:24 titles 27:5 today 4:19; 58:24; 64:3; 78:22; 79:10 today's 5:7;60:3; 90:17 told 46:1,11,16,21; 50:18,20; 51:13; 54:5 took 8:13; 26:19; 54:24; 68:20 top 71:12;74:25; 82:23; 85:24; 89:11; 96:12; 102:14 topic 6:12 tor 43:5; 44:5; 92:8 tors 100:3 tory 37:9 total 8:1 toxi 41:20 toxic 38:3; 56:2,5,8,9,15,22; 58:1,4,7,14,16,17, 24; 59:3,5,7 Toxicity 65:7,9,10; 86:10 toxicolog 40:18 toxicological 34:17,20;35:13,17; 40:3,10;41:7,17; 42:5; 43:3 trade 16:11; 31:16,17,18,19 tran 7:5 trans 84:2; 93:18; 97:24 transcript 7:19 transfer 27:7; 102:19,25 right-hand - transfer Min-U-Script Concannon & Jaeger (314) 421-1000 1 I STLCOPCB4023549 Nevada Power Company v. Monsanto Company, et aL transformer 5:24; 6:1; 8:8; 75:9; 83:23; 91:21; 92:8; 93:9 transformers 8:5,15; 83:24 transmission 93:7 transmittal 93:4 trial 6:25; 7:4 trouble 8:9; 58:21 true 4:13; 59:9; 63:4; 67:22; 70:13;71:15; 72:21;74:4,5,8; 76:22; 77:1;78:24; 79:18; 80:17;81:8; 82:25; 83:19; 86:1; 87:11; 89:18; 90:1; 93:12:94:9; 95:14; 96:16:97:17; 98:10; 99:3,6,12; 100:8; 101:9:102:15; 103:10,24; 104:8; 105:1,14 truth 4:2,3,3 try 28:24; 67:23 trying 6:13:33:8; 34:13; 41:3; 49:2; 56:16 ture 35:22;37:21; 38:9; 54:10 turn 101:1 two 5:21; 6:3; 11:14; 14:5; 27:12; 31:21; 38:20; 73:23; 74:21; 75:2; 76:8,12; 78:17; 90:19;91:5,8; 92:21; 95:20 two-page 76:18 ty 66:24 type 5:25; 17:5; 72:4 typical 17:4 u under 16:20; 37:18; 38:4,10;65:7,8 underneath 77:16 understood 8:12 University 10:5 unless 34:4;42:10; 70:23 up 20:7; 25:17; 29:13:47:12; 66:24,25;82:23; 100:19 upon 8:13:33:20; 46:22 use 14:21; 20:23; 21:5:23:4,4,10,15; 25:15:32:23; 33:10,10,16,20,21; 37:10,11,15,21;63:7; 71:3; 72:25; 73:20; 76:20; 90:22; 98:23 used 22:14; 23:24,25:32:5,11; 37:12; 38:5:52:12,13 uses 21:1,3:22:1,12; 23:3 using 20:18;32:21; 33:5; 61:23 V V-i 96:9 Valyrie 80:15 vapor 65:10 vapors 35:2;47:11; 56:20; 65:20; 66:2 varnishes 22:16 versus 60:22 view 54:18; 58:25 Viland 96:17 viscosity 18:23,24,24 vote 77:22 voting 78:2 w W 72:17;75:14; 78:12,25:85:21; 87:25; 88:6; 102:8; 103:5,6,20 W-a-t-t 19:3 W-e-n-d-t 80:15 wait 24:16; 6l:3 wall 33:16 wants 92:1 war 19:18,20 warnings 9:1,4,11,16,17 wash 50:24; 51:6; 53:13 washing 51:14 Washington 10:5 wastes 75:10 water 38:19:50:24; 51:7 Watt 19:3,4; 29:5,6,6,8,12 wax 31:19 way 21:7; 33:1; 34:2; 36:13,15:37:2; 40:25; 42:22; 43:11; 47:21; 54:1; 56:17; 68:7; 71:18; 76:2; 97:3 WBP 100:21 well-known 52:2 Wendt 80:15,18,21 weren't 6:14; 27:18 Western 11:2 Westinghouse 4:17; 6:19,20; 8:18; 9:2,12; 52:21; 66:16; 67:4,14;68:9; 69:12,17:79:16; 82:21;96:10; 104:21 What's 48:24; 61:3 whatsoever 8:9 Wheeler 89:7,19; 90:2 whenever 25:11 whole 4:3 whose 89:16 widely 23:24,25 Wildlife 88:16 Wisconsin 82:2 wish 55:1 Wit 100:13 withdraw 94:5 withdrawn 38:14 within 21:6; 23:12,15:29:14,17; 53:1; 62:12 without 52:16; 77:4,5; 102:3 withstands 37:16 WITNESS 9:7,18; 18:9,13,l6;4l:5; 42:13,15,20; 48:6,11; 51:9,23,-54:13,17; 69:5;92:3;99:25 witnesses 85:8 wood 16:1,2 word 54:13; 61:19; 74:24 wording 38:24; 100:19 words 51:12; 101:2,6,8,19 work 8:23; 10:25; 11:4,8,12,15; 12:3,6,8,15,16,17, 25;13:17,21; 14:6,16; 15:5,13,17,18,24; 16:7,10,17; 17:6,7; 19:5,10,17,19,19; 20:15,20; 21:8; 22:9; 24:1,12,19,24; 25:3; 26:24; 27:18,22; 28:11,16; 29:1,15,16; 30:3,6;31:24; 36:10,18:37:8; 39:6; 44:15; 45:4,6,7,18,24;46:2; 47:2,8,12,17,23; 55:18;57:14,17,19; 60:6; 64:22; 84:10; 88:9 workday 65:24 worked 6:21; 11:2; 12:18; 13:7; 18:19; 19:1; 22:18; 27:3; 28:24; 32:2; 37:10; 46:9; 77:18; 84:13 working 12:10; 13:8,24,25; 14:21; 15:22; 25:17; 39:9; 50:15:56:10,15,21; 57:7;74:12,14; 83:22; 100:2,9 workmen 32:5 works 34:2 worldwide 17:22 write 10:16; 104:23; 105:4 written 32:25;47:8; 62:12; 64:11; 71:9; 72:24; 77:25; 78:1; 85:21; 91:9; 93:16; 94:7; 96:22; 97:8; 104:20; 105:17 wrong 48:24 wrote 79:13;80:14; 94:10; 96:17; 105:2 Y Yeah 62:15; 92:1 year 13:1,2; 33:19 years 5:21;6:3; 11:14; 13:19; 14:5; 19:18; 21:25; 26:9; 27:13,17;38:23; 84:11,13 yellow 65:13; 67:2,15; 68:2,11; 69:9,14 Concannon & Jaeger (314) 421-1000 Min-U-Script Paul Benignus April 2, 1993 I transformer - yellow STLCOPCB4023550 This Page Intentionally Left Blank STLCOPCB4023551