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IN THE MATTER OF: Transwestem Pipeline Company vs. Monsanto Companyy et ah Cause No. BC 026959 ,Deposition ofDavid Wood September 3 1992 Gore Reporting Company, Inc. 100 North Broadway, Suite 1175 Saint Louis, Missouri 63102 (314) 241-6750 (800) 878-6750 WATER_PCB-SD0000024997 2 1 Superior Court of the State of Cal 2 For the County of Los Angeles 3 4 TRANSWESTERN PIPELINE ) ' 5 COMPANY, ) 6 Plaintiff, ) 7 ). 8 v. ) No. BC 026959 9 ' ' ) . 1 0 MONSANTO COMPANY and ) 11 DOES 1 through 200, ) 12 inclusive, ) 13 Defendants. ) 14 15 16 17 1 8 Deposition of DAVID WOOD, taken on 19 behalf of Plaintiff* at the offices of Bryan, 2 0 Cave, McPheeters & McRoberts, 500 North 2 1 Broadway in the City of St. Louis, State of 2 2 Missouri, commencing at 9:00 a.m. on the 3rd 2 3 day of September, 1992 , beforeJ. Bryan 2 4 Jordan, certified shorthand reporter and 2 5 notary public. Gore Reporting Co., Inc. St. Louis, Mo. (314)241-6750 (800) 878-6750 WATER PCB-SD0000024998 1 APPEARANCES: 2 3 FOR THE PLAINTIFF: 4 James P. Tallon, Esq. 5 Shearman & Sterling 6 21st Floor 7 725 South Figueroa Street 8 Los Angeles, California 90017 9 (213)239-0300 10 11 FOR THE DEFENDANTS: 12 Donald F. Zimmer, Jr., Esq. 1 3 Bronson, Bronson & McKinnon 14 505 Montgomery Street 15 San Francisco, California 94111 -2514 1 6 (415) 986-4200 17 18 19 20 21 22 23 24 25 Gore Reporting Co., Inc. St. Louis, Mo. (314) 241-6750 (800) 878-6750 3 WATER PCB-SD0000024999 4 1 INDEX 2 PAGE 3 EXAMINATION BY MR. TALLON 5 4 5 6 EXHIBITS 7 8 Plaintiff ' s Deposit ion Exhibit 659 ... 15 9 P1 a i n t i f f ' s Deposit ion Exhibit 660 ... 2 0 1 0 Plaintiff ' s Deposit ion Exhibit 661 ... 2 3 11 Plaintiff ' s Deposition Exhibit 662 ... 3 3 1 2 Plaintiff ' s Deposition Exhibit 663 ... 3 6 1 3 Plaintiff ' s Deposition Exhibit 664 ... 3 8 14 Plaintiff ' s Deposition Exhibit 665 ... 4 7 15 Plaintiff ' s Deposition Exhibit 666... 5 1 1 6 Plaintiff ' s Deposition Exhibit 667 ... 5 6 17 Plaintiff ' s Deposition Exhibit 668 ... 72 1 8 Plaintiff ' s Deposition Exhibit 669 ... 74 1 9 Plaintiff ' s Deposition Exhibit 670 ... 83 2 0 Plaintiff ' s Deposition Exhibit 671 ... 8 5 2 1 P1 a i n t i f f ' s Deposition Exhibit 672 ... 89 22 23 24 25 Gore Reporting Co., Inc. St. Louis, Mo. (314) 241-6750 (800) 878-6750 WATER PCB-SD0000025000 5 1 Whereupon.. . 2 DAVID WOOD , 3 of sound mind, having been first duly sworn 4 to tell the. truth, the whole truth, and 5 nothing but the truth in the case aforesaid, 6 testified upon his oath as follows, to-wit:' 7 EXAMINATION 8 QUESTIONS BY MR. TALLON: 9 Q : State your full name for the 1 0 r e c o r d , please. 11 A : David Wood, W-o-o-d. 12 Q ! And are you employed, Mr. Wood? 13 A : I'm employed by Monsanto Company. 14 Q: In what position? 1 5 A : I'm director, Safi ex Americas. 1 6 Q: Could you spell that? 1 7 A : S-a-f-l-e-x Americas . 1 8 Q: And just briefly for context, what 19 is the business of Safi ex? 2 0 A: Saflex is a plastic interlayer 2 1 material which is laminated between glass to 2 2 produce a safety glass. 2 3 Q : Did you start with Monsanto in 2 4 19 61? 2 5 A: Yes . Gore Reporting Co., Inc. St. Louis, Mo. (.314)241-6750 (800)878-6750 WATER PCB-SD0000025001 6 1 Q: And' was that after you received a 2 degree from Trinity College at Cambridge 3 University? 4 A : Yes. 5 Q : And do you have a degree in 6 chemistry? 7 A: I have a degree in natural 8 sciences which' included chemistry. 9 Q: When you joined Monsanto, what 1 0 position did you assume? 1 1 A : Sales t raine e. 1 2 Q : And how long did you hold that 1 3 position? 14 A: I became a salesman perhaps twelve 1 5 months later. 1 6 Q : Did there come a time when you 1 7 b e came a Product Supervisor for Dielectric 1 8 Fluids for Monsanto Europe, SA? 1 9 A: Yes. 2 0 Q : Do you remember approximately when 2 1 that was? 2 2 A: That would have been in the range 2 3 of 1964-65. 2 4 Q: And how do you define the term 2 5 "dielet:tric fluids"? Gore Reporting Co., Inc. St. Louis, Mo. (314)241-6750 (800)878-6750 WATER PCB-SD0000025002 7 1 A: A dielectric fluid is, in the case 2 of the dielectric fluids that Monsanto sold, 3 were liquids, as opposed to gases, and they 4 imparted certain insulation and energy 5 storage properties to devices such as 6 capacitors and transformers. 7 Qs At the time you were Product 8 Supervisor for Dielectric Fluids for Monsanto 9 Europe, SA, were the fluids sold 1 0 by Monsanto composed of part of 1 1 polychlorinated biphenyls? 1 2 A: Yes. 1 3 Q: Was the '-- was your appointment to 14 the position of product supervisor your first 1 5 contact with sales of Monsanto products that 1 6 included PCBs? 1 7 A: Yes. 1 8 Qs And can you describe, if you 19 recall, how it was that you came to assume 2 0 that position as product supervisor? 2 1 A: In the evolution of my career, I 2 2 made it known when I joined Monsanto that I 2 3 was looking for a career, as opposed to a job 2 4 as a salesman, and a natural progression 2 5 through the marketing career path is that Gore Reporting Co., Inc. St. Louis, Mo. (314) 241-6750 (800) 878-6750 WATER PCB-SD0000025003 8 1 after a period in selling products, that you 2 will become responsible for the business 3 a dministration of products. It was an 4 appropriate time in my career for me to 5 become, to get some experience of the 6 administration, the marketing administration 7 of products, and therefore, I was appointed 8 to the position involving the dielectric 9 fluids. That was an opening that was 1 0 available that matched my career timing. 1 1 Q: Do you recollect how long you held 12 the position as Product Supervisor for 13 Dielectric Fluids? 14 A: I left it in '68, yeah, so it was, 1 5 it would have been from the period, I said, 1 6 around '64-' 65 time range until '68. 1 7 Q: And what position did you take up 1 8 when you -- what was your next position after 1 9 you were product supervisor for - 2 0 A: I became a market manager for a 21 product line that we called Food and Fine, 2 2 which was food ingredients and fine 2 3 chemicals. 2 4 Q: Were any of the products under 2 5 your supervision as Market.Manager for Food Gore Reporting Co., Inc. St. Louis, Mo. (314) 241-6750 (800) 878-6750 WATER PCB-SD0000025004 1 and Fine Chemicals products that included 9 2 polychlorinated biphenyls? 3 As They were not. 4 Qs During the time that you were 5 Product Supervisor for Dielectric Fluids, did 6 you have occasion to communicate with 7 customers about their use of the dielectric 8 fluids? 9 As Yes, I did. 1 0 Qs Was that part of a customary or 11 ordinary part of your job duties, to 12 communicate with customers about the 1 3 products? 14 As Yes, I was the person.who was 1 5 administering the, I would say, that product 1 6 line in the European marketplace, and as 1 7 such, it was important that I talk with 1 8 cus tomers. 19 Qs Could you describe briefly the 2 0 other responsibilities you had as product 2 1 supervisor during the period from 2 2 approximately 19 64 or '65 until you left that 2 3 position in 1968? 2 4 As Essentially, it was to make sure 2 5 that we had sufficient product to meet the Gore Reporting Co., Inc. St. Louis, Mo. (314) 241-6750 (800) 878-6750 WATER PCB-SD0000025005 '. .__________ ___________ , __________1 0 1 sales forecast so. that there were a liaison 2 coordination with our manufacturing groups to 3 make sure that we had a sufficient volume of 4 the, of.the appropriate quality of material, 5 it was to maintain contact with the people 6 who had a responsibility for the world-wide 7 dielectric business to understand what was 8 evolving in that marketplace and that the 9 European customers were made aware of product 10 developments, and there was a responsibility 11 to make sure that we had availability to 1 2 transport materials from our manufacturing 13 plants to, to our customers around Europe and 14 to provide our customers around Europe or to 1 5 provide our salesmen with the tools to 16 educate our customers about the application 1 7 and use of our products. 1 8 Q: And in what fashion did you 19 provide your salesmen with tools to help 2 0 educate customers with respect to the 2 1 application and use of Monsanto products? 2 2 A: You would be responsible for 2 3 making sure that you received timely data 2 4 from, in terms of new technical bulletins and 2 5 literature, material that had been prepared Gore Reporting Co., Inc. St. Louis, Mo. (314) 241-6750 (800) 878-6750 WATER PCB-SD0000025006 __________________;_______________________________________________ 11 1 in our major home base market of the United 2 States and at that point, to, to make sure 3 that that was translated into a form that you 4 could satisfactorily educate the consuming 5 public in Europe. 6 Q: Was it part of your job 7 responsibility as product supervisor to 8 assist with sales growth, as to say volume of . 9 product and dollars of profit? 1 0 A: Yes. Mm -hmm. 11 Q: Do you recall during the period 1 2 that you acted as product supervisor 1 3 receiving any inquiries from customers for 14 dielectric, fluid's about safety precautions to 1 5 be taken with respect to the use of the 16 1 7 A: Yes, from time to time during my 1 8 period of involvement with polychlorinated 19 biphenyls, I would be asked, to provide 2 0 information to them about how a material 2 1 should be handled, stored, what materials 2 2 were compatible with polychlorinated 2 3 biphenyls in construction of the electrical 2 4 devices that were being used. 2 5 Q: Where did you acquire the Gore Reporting Co., Inc. St. Louis, Mo. (314)241-6750 (800)878-6750 WATER PCB-SD0000025007 ______________________________ ' ___________ __ ___________ 1 information necessary to enable you to 12 2 respond to those inquiries? 3 As I was supported by a Marketing 4 Technical Service Group who, where we had had 5 people involved for some years in design and 6 development and use of our products. I would 7 contact my colleagues in our central research 8 areas in the United States and they would 9 tell me what the current status was of the 1 o various, the various elements of product 1 1 usability. . 12 Q: When you referred to a Marketing 1 3 Technical Services Group, were you referring 14 to a group based in Europe or a group based 1 5 in the United States, or both? 1 6 A: Both. 1 7 Q: Who did you communicate, as best 1 8 you recall, while you were a Product 19 Supervisor for Dielectric Fluids, in the 2 0 Marketing Technical Services Group in the 2 1 United States? -. 2 2 A: Normally, my contact would be with 2 3 Dr. Ralph Munch. 2 4 Q: Is there anyone else whom you 2 5 recall, with whom you recall communicating in Gore Reporting Co., Inc. St. Louis, Mo. (314)241-6750 (800) 878-6750 WATER PCB-SD0000025008 13 1 the Marketing'Technical Services Group in - 2 A: In the marketing technical 3 services area for dielectrics, my contact was 4 Dr. Munch, and if he required to reach out to 5 other people in his staff, he would do so. 6 Q: But it was not customary for you 7 to do so? 8 A: No. 9 Q: As a part of your job 1 0 responsibilities as product supervisor, did 11 you have occasion to communicate with Emmett 12 Kelly, Medical Director of Monsanto in St. 1 3 Louis? 14 A: Yes, I did. 1 5 Q: Do you recall communicating with 1 6 Dr. Kelly or his staff in connection with 1 7 inquiries from dielectric fluid customers ' '' ' I 1 8 about the use and, perhaps, precautions to be 19 taken with respect to the use of dielectric 2 0 fluids? 21 A: There were occasions when I did ; 2 2 so,yes. 2 3 Q: Do you recall, as you sit here 2 4 today, any occasions when you did so? 25 A: The major, the major communication , Gore Reporting Co., Inc. St. Louis, Mo. (314)241-6750 (800)878-6750 WATER PCB-SD0000025009 1 during the period that I was product 14 2 supervisor was at the time that some 3 information allegedly about polychlorinated 4 biphenyls emerged in Sweden, and I saw a 5 guidance, from - - I. was led to Dr. Kelly 6 through my normal contacts with St. Louis, to 7 explore the significance of what I had read 8 about in Sweden. 9 Q: Could you explain what you mean 1 0 when you use the phraseology that you were 1 1 led to Dr. Kelly? 12 A; Initially, I talked to my major 1 3 commercial contact in St. Louis, Paul 1 4 Benignus, and he guided me and suggested that 15 I needed to involve Dr. Kelly in 1 6 understanding what we were, what we were 1 7 hearing in Sweden. 1 8 Q: When you referred to that which 1 9 you were hearing in Sweden, are you referring 2 0 to a published newspaper account of some 2 1 research work done by Sorjen Jensen? 2 2 A: Yes, I am . 2 3 Q : When you made contact with Mr. 2 4 Benignus, was that by telephone, or by fax, 2 5 or -- by Telex, or by letter, do you recall? Gore Reporting Co., Inc. St. Louis, Mo. (314) 241-6750 (800) 878-6750 WATER PCB-SD0000025010 __________ ___________________ __________ 1 A: I don't recall. 15 2 Q: Do you recall ever communicating 3 with a representative or representatives of 4 the Central Electric!t y Generating Board 5 about the use of respirators in connection 6 with their use of Pyroclor? 7 A: No, I don ' t . 8 Q: Do you know what Pyroclor is? 9 A: Yes, Pyroclor is a transformer 1 0 insulating liquid, fire resistant in 1 1 character, and was a blend of polychlorinated 1 2 biphenyl and trichlorobenzene. 13 Q: Let me show you a document that 1 4 we'll ask the court reporter to mark as 1 5 Exhibit 659, and I'll just ask you to take a 1 6 moment and review that. 1 7 (Plaintiff's Deposition 1 8 Exhibit 659 marked for 1 9 identification.) 2 0 . (Witness peruses said 2 1 document.) 2 2 BY MR. TALLON: 2 3 Q: Mr. Wood, Exhibit 659 isa letter, 2 4 the stationery of the Central Electricity 2 5 Generating Board, dated November 10th, 1964, Gore Reporting Co., Inc. St. Louis, Mo. (314) 241-6750 (800) 878-6750 WATER PCB-SD0000025011 _____________________________ ___________ ~ _____________1 6 1 addressed to Monsanto Chemicals, Ltd., for 2 the attention of Mr. D. Wood. Do you have a 3 recollection of having received this letter? 4 A: No. 5 Q: Do you have a recollection of ever 6 having communicated with a medical officer of 7 the Central Electricity Generating Board on 8 the subject of'having their employees use 9 respirators in connection with their use of 1 0 Pyroclor? 11 A: I don't recall this specific 12 request for data. 13 Q: Do you have a recollection of 14 having communicated with any customers for 15 PCB-based dielectric fluids in connection 1 6 with the use by their employees of 1 7 respirators? - 1 8 A: Yes. 1 9 Q: And did you, in fact, inform 2 0 customers that they should allow their 2 1 employees to use their -- to use a respirator 2 2 in connection with their work with dielectric 2 3 fluids? 2 4 A: We advised customers that for 2 5 transformer fluids, that if they had had a, Gore Reporting Co., Inc. St. Louis, Mo. (314)241-6750 (800)878-6750 WATER PCB-SD0000025012 ` _____________ ________ 17 1 an event where they had created an electrical 2 arc under the surface of the insulating 3 fluid, which could happen from time to time 4 in an overload situation such as a lightning 5 surge, that they could have created a certain 6 amount of hydrogen chloride gas in the, 7 airspace above the fluid inside the 8 transformer, and if they had repair crews who 9 were going to dismantle the top of the 1 0 transformer and lift it to be able to get in 1 1 to repair the damage to the wire coils within 1 2 the transformer, that they could have a 1 3 modest release of' hydrogen chloride gas at 1 4 the point that they unsealed the gasket in 1 5 the transformer, and it would be standard 1 6 practice that at that point in that 1 7 particular maintenance operation, that,the 1 8 people should take the safety precaution of 1 9 having a cannister respirator so they did not 2 8 subject themselves to a sudden outlet of 2 1 hydrogen chloride gas . 2 2 Q; Was the caution that you provided 2 3 about the use of a cannister-type respirator 2 4 the basis of any directive to you from St. 2 5 Louis or elsewhere in the Monsanto Gore Reporting Co., Inc. St. Louis, Mo. (314) 241-6750 (800) 878-6750 WATER PCB-SD0000025013 ______________ ___ ______________ 1 organization? __________ 18 2 A: it was on a basis of advice and 3 direction which we gave our customers through 4 our, our maintenance guide for transformers, 5 which said if you have this situation, you 6 should be using a respirator. 7 Q: And that situation-- 8 A: This, I mean in fact, when I talk 9 about descriptive brochure on Pyroclor in 1 0 this particular letter, then they would have 1 1 been alluding to information that was in that 1 2 particular instruction booklet. 1 3 Q: Are you referring to a, when you 14 said "that situation," are you referring to 1 5 the situation of an arc of electricity - 1 6 A: Mm-hmm yes, I am. 1 7 Q: -- that would have created a 1 8 certain amount of gas? 19 A: Yes, I am. 2 0 Qs We can put that aside. 2 1 Do you recollect, Mr. Wood, ever 2 2 having visited with R.I.C. Components, Ltd., 2 3 of Ronsey, regarding the trouble that they 2 4 were having with their employees handling the 2 5 soldering of capacitors? Gore Reporting Co., Inc. St. Louis, Mo. (314) 241-6750 (800) 878-6750 WATER PCB-SD0000025014 ________ . ________________ _________________ ^_________________ 1_9 1 A: R.I.C. Components were a small, 2 newly-formed capacitor company in the United 3 Kingdom, and as they established their 4 production of small capacitors, they needed 5 some assistance from Monsanto in helping them 6 understand what was good industrial hygiene 7 practice in handling the Aroclor dielectric 8 fluids. 9 Q: Do you recollect furnishing 1 o particular advice to R.I.C. on how to handle 11 Aroclors in the process of their 12 manufacturing? 13 A: One particular issue that was 14 open, there, was a practice which they had 1 5 which was to seal the small capacitors which 1 6 they were manufacturing by soldering the hole 1 7 through which they had impregnated the 1 8 winding with liquid Aroclor. They were doing 19 this in a way which could create some fumes 2 0 of, of the dielectric fluid, because of the 2 1 heat of the soldering iron,and we 22 recommended that they, that they needed to 2 3 have a fairly strong force draft evacuation 2 4 vending system over that particular line to 2 5 take those, those fumes away from the Gore Reporting Co., Inc. St. Louis, Mo. (314) 241-6750 (800) 878-6750 WATER PCB-SD0000025015 ._________________ 1 workplace. ________ _________________ __________ 20 2 Q: Do you know if the company, 3 R . I . C . , adapted to the fume it issued by 4 having certain of its employees wear hoods? 5 MR. ZIMMER: The wearing of hoods. 6 MR. TALLON: Wearing of hoods. 7 A: You need to help me to put the 8 term "hoods" - - 9 MR. TALLON: Okay, let me have the 1 0 court reporter mark as the next exhibit, 11 which would be 6 6 0 , a call report typed on 12 March 1st, 1965, and it bears production 13 numbers TRAN 009506 and 009507. 14 (Plaintiff's Deposition 15 Exhibit 660 marked for 16 identification.) 1 7 (Witness peruses said 1 8 ' document.) 19 BY MR. TALLON: 2 0 Q: The question that I had asked you 2 1 was whether you recollected that as a measure 2 2 of dealing with the fumes created in their 2 3 manufacturing process, R.I.C. had its 2 4 employees, or certain of their employees wear 2 5 a hood, and now I will ask you whether. Gore Reporting Co., Inc. St. Louis, Mo. (314)241-6750 (800)878-6750 WATER PCB-SD0000025016 ____________- __________ _________________________________________2 ! 1 having reviewed this call report, you 2 recollect that that was the case. 3 A: I recollect the situation, having 4 read this call report, but this was not - 5 the hood that is referred to in this case is 6 purely a - - it was a light cotton or plastic 7 material hood to surround the face and the 8 forehead, to prevent the female workers who 9 were involved with the soldering, that if 1 0 they got their - - if they got material on 1 1 their gloves, of wiping their brow and 1 2 getting liquid Aroclor onto the sensitive 1 3 skin of their foreheads. 14 Q: Did you write this memorandum? 1 5 A: I was the salesman attending 1 6 R.I.C. at this point in time. I certainly 1 7 dictated it. I'm not sure that's my 1 8 signature at the end, so -- 1 9 Q: Was it part of your job to record 2 0 call reports after making a visit to a 2 1 cu s t ome r ? 2 2 A: It would be my normal practice. I 23 mean, one could communicate different ways. 2 4 I, when I was a salesman, as opposed to a 2 5 product supervisor, then I would normally, I Gore Reporting Co., Inc. St. Louis, Mo. (314)241-6750 (800) 878-6750 WATER PCB-SD0000025017 ________ __ _____________ . . ______________ ______________ 2 2 1 would normally niak^ a call report of a 2 customer visit. 3 Q: At this point in 19 6 5, do you . 4 recall precisely what your position was? 5 A: I was a salesman in the United 6 Kingdom, handling, amongst other products, 7 dielectric fluids. 8 Q: And does that, does the date of 9 this memo and your recollection that you were 1 0 a salesman at this time assist in any way in 1 1 pinpointing in your recollection the date 1 2 when you became Product Supervisor for 13 Dielectric Fluids? 1 4 A: Well, in ' 65 , I was obviously 1 5 still -- let me explain. At this time, 1 6 Monsanto was moving its headquarters from, 1 7 from London, England, to Brussels, Belgium, 1 8 and so when I .was in England, I was a 19 salesman for product lines, including 2 0 dielectrics. There was then a period when I 2 1 was selling dielectric periods on a broader 2 2 European base based in England. I then moved 2 3 to Brussels. At about the time that I moved 2 4 to Brussels, my job shifted from that of 2 5 salesman for product lines, including Gore Reporting Co., Inc. St. Louis, Mo. (314) 241-6750 (800) 878-6750 WATER PCB-SD0000025018 23 1 fluids, to becoming a Product 2 Supervisor for Dielectric Fluids. 3 Q: At the time you wrote this call ' 4 report, you were a salesman? 5 A: Iwas a salesman 6 Q: And that would suggest, would it 7 not, that you did not yet become product 8 supervisor by the beginning of March 1965? 9. A: . I don't recall. 1 0 Q: All right. 1 1 A: BUt this is likely, that I was a 12 salesman in England at the time of March 13 19 6 5. 14 MR. TALLON: I don't mean to make 15 too much of this, but I do want to get this 1 6 date. 1 7 Could we please mark as Exhibit, 1 8 661 a two-page document bearing production 19 number 60000110 is and 111. 2 0 (Plaintiff's Deposition 2 1 Exhibit 661 marked for 22 identification.) 2 3 (Witness peruses said 2 4 document.) 2 5 A Yes. Gore Reporting Co., Inc. St. Louis, Mo. (314) 241-6750 (800) 878-6750 WATER PCB-SD0000025019 __________ ___________ . _________ 24 1 BY MR . TALLON s 2 Q: Is that your CV, Mr. Wood? 3 A: Yes, it is. 4 Q: Does reviewing Exhibit 661 refresh 5 your recollection as to the precise dates 6 when you became product supervisor and when 7 you terminated your responsibilities as 8 Product Supervisor for Dielectric Fluids? 9 As Yes, it does. I became product 1 0 supervisor on November the 1st, 1966, and I 11 left that position in January of 1968. 12 Q: Does this curriculumvitae 1 3 accurately reflect your positions with 1 4 Monsanto through May 1st, 1982? 1 5 As Yes . 1 6 Q: All right, thank you. 1 7 Do you recall, Mr. Wood, the 18 circumstances under which you first learned 19 of the work performed in Sweden by Sorjen 20 Jensen and his colleague or colleagues? 2 1 As I received a letter from our agent 2 2 in Sweden in which they told me of some press 2 3 reports in two Swedish newspapers, reporting 2 4 on the work of an analytic chemist researcher 2 5 called Sorjen Jensen. Gore Reporting Co., Inc. St. Louis, Mo. (314) 241-6750 (800) 878-6750 WATER PCB-SD0000025020 . ____________ - '__________ _______________ , ____________ 25 1 Q: And upon receipt of this letter, 2 what did you do with the information that was 3 contained in it? 4 A: I contacted my colleagues in St. 5 Louis and asked them to help me to understand 6 what product was being discussed in Sweden 7 and to understand if, in fact, chlorinated 8 polyphenyl material was being discussed or 9 not. 1 0 Q: Did you have doubts as to whether 11 or not the material being- examined by Sorjen 12 Jensen was, in fact, polychlorinated 13 biphenyls? 14 A: Yes, I did. 15 Q: And why was that? 1 6 A: The early information from, from 17 Sweden was talking about a material which 1 8 they described as a derivative of biphenol, 1 9 b-i-p-h-e-n-o-1, and yet some of the 2 0 industrial, applications alluded to in Mr. 2 1 Jensen's report suggested that there were 2 2 applications involved where I knew that a 2 3 chlorinated diphenyl, d-i-p-h-e-n-y- 1 , were 2 4 used, and so I was trying to get a response 2 5 to the question that was asked by our Swedish Gore Reporting Co., Inc. St. Louis, Mo. (314)241-6750 (800)878-6750 WATER PCB-SD0000025021 26 1 customers, is there a chemical terminology 2 issue here, what are we talking about, what 3 chemical material do we believe is the 4 subject of Sorjen Jensen's investigation, 5 Q: You alluded earlier in your 6 testimony today to a contact that you made 7 with Paul Benignus, and a moment ago, you 8 said that you contacted colleagues in St. 9 Louis. Were you indicating Mr. Benignus in 1 0 your more recent answer? 11 A: I certainly, at that time, would 12 have -- my immediate reaction would have been 1 3 to have talked to Mr. Benignus. 14 Q: Do you recollect whether you spoke 1 5 directly to him? . 1 6 A: I don't recall. , 1 7 Q: Do you recall having communicated 1 8 with anyone other than Mr. Benignus after you 19 received information from your agent in 2 0 Sweden regarding the Jensen work? 2 1 A: Following my initial inquiry to, 2 2 to the United States and in St. Louis, there 2 3 were a number of contacts that I developed 24 over the next few months with people in St. 2 5 Louis concerning gathering data about what Gore Reporting Co., Inc. St. Louis, Mo. (314)241-6750 (800)878-6750 WATER PCB-SD0000025022 ____________ . ___________ _________________ 2 7 1 was the subject of what we had learned in 2 Sweden. 3 Qs Did you communicate with Monsanto 4 employees in St. Louis about the possibility 5 that the substances being studied by Jensen 6 were not biphenyls but were biphenols? Did 7 you follow that? 8 A: No, I didn't. You are going to 9 have to re trace that one. 1 0 Q: Okay, you had testified a moment 11 ago that early information from Sweden talked 1 2 about a derivative of biphenol, p-h-e-n-o-1, 1 3 yet you believe that because of some of the 14 industrial applications being discussed in 15 the Jensen's work, you believed that the 1 6 substance involved could have been diphenyl, 1 7 d-i-p-h-e-n-y -- am I spelling that right? 1 8 Biphenyl as in polychlorinated biphenyl. Did 1 9 you discuss that possible discrepancy with 2 0 your colleagues in St. Louis? 2 1 A: I corresponded about it, but 2 2 again, I want to reemphasize that one of the 2 3 issues at that time was we were talking about 2 4 selling chlorinated diphenyl with a "d, 11 not 2 5 a "b," and so this biphenol, I mean we had an Gore Reporting Co., Inc. St. Louis, Mo. (314)241-6750 (800)878-6750 WATER PCB-SD0000025023 _________ . -__________ _________ ________ 2 8 1 obvious interpretation issue about what 2 chemical material were we talking about . 3 Q: Well, what is the difference, in 4 your mind, between diphenyl and biphenol? 5 A: Biphenol contains hydroxyl groups, 6 and there are biphenyls, biphenols, 7 diphenyls, and these are different chemical 8 ma terials. 9 Q: Biphenols are not polychlorinated 1 0 biphenyls. Biphenols, o-l-s, are not 11 polychlorinated biphenyls, y-l-s? 12 A: They are not. 1 3 Q: And diphenols are a type of 14 polychlorinated biphenyl? 1 5 A: No. 1 6 Q: No? 1 7 A: Diphenyl or diphenol. Let's be, 1 8 really, sort of overstated. I mean diphenyl 1 9 or diphenol? 2 0 Q: That's a very good suggestion, and 2 1 perhaps the best way to ask the question is 2 2 to ask you, was Monsanto selling diphenyl, 23 y-1? 2 4 A: We were selling diphenyl, 2 5 unchlorinated, just the material diphenyl. Gore Reporting Co., Inc. St. Louis, Mo. (314) 241-6750 (800) 878-6750 WATER PCB-SD0000025024 ________________;______________ ;________. ____________ 1 Q: All right, and what industrial 29 2 applications in Sorjen Jensen's work did you 3 believe to be associated with diphenyl? 4 A: None. I -- some of the 5 applications alluded to by Sorjen Jensen 6 .suggested that they were similar applications 7 to chlorinated diphenyls except he was 8 alluding to discovering chlorinated 9 biphenols. . 1 0 Q: And was that discrepancy or 1 1 ambiguity ever cleared up, in your mind, why 12 he was referring to biphenols, and you 1 3 believe that the applications referred to 14 another type of chemical substance entirely? 15 A: It took some time to, just to 1 6 clarify what, indeed, were all the parties 1 7 talking about. 18 Q: And was it clarified eventually? 1 9 A: Eventually, but not in a short 2 0 period of time. 2 1 Q: By what time would you say that it 2 2 was clarified what all the parties were 2 3 talking about? 2 4 A: I think a year or two later, 2 5 people were. Gore Reporting Co., Inc. St. Louis, Mo. (314)241-6750 (800)878-6750 WATER PCB-SD0000025025 ____________________ _________ '. ________ _________ 30 1 Q: And do you recollect how it was 2 that the ambiguity was clarified? 3 MR. ZIMMER: Talking, now, about 4 in his mind? 5 MR. TALLON: Ye S . 6 A; I need to move forward to 1974. 7 BY MR. TALLON: 8 Q: Allright. 9 A: Because the document that you 10 showed me a moment ago, which was my 11 curriculum vitae, which showed that I was 12 away from the chlorinated biphenyl circuit 1 3 from 1968 until 1974, when I became 1 4 reinvolved with what were then known as 1 5 chlorinated biphenyls if, PCBs, when I moved 1 6 to the United States in 1974, it became clear 1 7 in 1974 to me that'during that intervening 1 8 period, any doubts that the technology had 19 not been resolved, had been resolved in that 2 0 intervening period and that materials that 2 1 were now labeled as PCBs, chlorinated 22 biphenyls, were present in the environment. 2 3 But that had not been totally clarified by 2 4 the time I moved into another function in a 2 5 nonrelated chemical area in 1968. Gore Reporting Co., Inc. St. Louis, Mo. (314)241-6750 (800)878-6750 WATER PCB-SD0000025026 ________________________._________ , . . __________, . ___________3 1 1 Q: When you state in your testimony 2 that the technology had been resolved, do you 3 mean detection technology? 4 A: Identification, detection, yes. 5 Q: And are you referring specifically 6 to gas chromatography, or.mass spectrometry, 7 or both when you refer to the technology, or 8 something else entirely? 9 A: I, I am referring to the fact that 1 0 ultimately, a combination of chromatography 1 1 and mass spectroscopy became a very useful 1 2 tool to the chemical industry during this 1 3 period of the late Sixties and the early 1 4 Seventies in enabling the industry to more . 1 5 clearly identify what they were finding in 1 6 small levels in the environment. 1 7 Q: Did you learn at any time what 1 8 technology Sorjen Jensen had used in order to 1 9 report the results of his study? 2 0 A: Sorjen Jensen was involved with 2 1 some early work in the evolution of the 2 2 combination of gas chromatography and mass 2 3 spectroscopy. 2 4 Q: The equipment was available to 2 5 perform gas chromatography tests and mass Gore Reporting Co., Inc. St. Louis, Mo. (314)241-6750 (800)878-6750 WATER PCB-SD0000025027 . ____________ . __________ ____ ______________ 32 1 spectroscopy tests before 1970? 2 MR. ZIMMER: Available to who? 3 A: Available to whom? 4 BY MR. TALLON: 5 Q: Available to Sorjen Jensen. 6 A: I can't speak to that issue. I 7 was never involved in terms of any 8 investigation, either in Europe or the 9 U.S.A., in equipment availability at that 10 point in time. 11 Q: Did you visit with Sorjen Jensen 12 in Sweden ? 1 3 A : Yes, I d i d . 14 Q: Did you discuss with him what 1 5 technology he used in order to - - on which he 1 6 based his report? 1 7 A: Yes, I did. He gave me, he gave 1 8 me details of his work, and that I sent to 1 9 people better qualified than myself to 2 0 understand what his work had been doing in 21 technicaide tail. 2 2 Q: Did he tell you what equipment he 2 3 had used in order to perform those studies? 2 4 A: Yes, he did. It was included in 2 5 his working papers. Gore Reporting Co., Inc. St. Louis, Mo. (314)241-6750 (800)878-6750 WATER PCB-SD0000025028 ____________________ __________________ ;________ 3 3 1 Q: Do you recollect as you sit here 2 today what equipment he told you he used in . 3 order to perform his studies? 4 A: It was some new equipment 5 developed by a Swedish company, because part 6 of the reason for his reported work at that 7 time was the beginning of that company's need 8 to introduce the fact that they had developed 9 what they considered to be new equipment, and 1 0 they were trying to interest the technology 11 community in its potential use. 12 Q: How would you identify that new 1 3 equipment? What was it called? 14 A: I don't recall. It was a 1 5 combination in some format of gas 1 6 chromatography and mass spectroscopy. Boy, 1 7 these-- , 1 8 Q: It's one of those cases, Mr. Wood. 19 MR. TALLON: Can we please mark as 2 0 the next exhibit in order a document bearing 2 1 production numbers TRAN 056461 through 463, 2 2 dated November 28, 1966? And that'll be 2 3 Exhibit 6 6 2 . 2 4 (Plaintiff's Deposition 2 5 Exhibit 662 marked for Gore Reporting Co., Inc. St. Louis, Mo. (314)241-6750 (800)878-6750 WATER PCB-SD0000025029 __ _____________________ __________________ . ______________ ______________ 34_ 1 identification.) 2 (Witness peruses said 3 document. ) 4 A: Ye s. 5 BY MR. TALLON: 6 Q: Do you, or rather, can you 7 identify the document which has been put 8 before you and has been marked as Exhibit 9 662? 10 A: This is a letter from Monsanto's 11 agent in Sweden, Rising & Strand, to me, in 12 Monsanto Europe's office in Brussels, 13 Belgium. 14 Q: Do you recollect havingreceived 1 5 this letter in late November 196 6 or early 1 6 December of that year? 1 7 A: Yes,Ido. 1 8 Q: Upon receiving this letter, do you 19 recollect whether or not you communicated 2 0 with the author of this letter? 2 1 A: I responded to the author of this 2 2 letter after I had asked some questions of my 2 3 colleagues in St. Louis, to try to clarify 2 4 was this a Monsanto manual, was it a product 2 5 manufactured by our company andothers in Gore Reporting Co., Inc. Si. Louis, Mo. (314)241-6750 (800) 878-6750 WATER PCB-SD0000025030 V __________________ _____________________ 3 5 1 Europe and used in Sweden, or were we talking 2 about a different chemical material. 3 Q: What is the name of the author of 4 thisletter? 5 A: The name, at the f o.o t of the letter 6 is Ola, 0-1-a, and I don't recall Ola's last 7 name . 8 Q: Did you send copies of this letter 9 to colleagues in St. Louis? 1 0 A: Yes, I did. 1 1 Q: Do you recall to whom you sent 12 copies? 13 A: I would probably have sent it to 14 Paul Benignus, but I can't be sure of that , 1 5 that he was the only person to whom I sent 1 6 it. . 1 7 Q: Did you consider this to be a 1 8 serious matter when you have received this 19 letter? 2 0 A: I- considered that the - - let me 2 1 rephrase this. I was concerned that if, 2 2 indeed, it was a Monsanto product that was 2 3 being alluded to by Sorjen Jensen in his 2 4 comments to the press, that the way the press 2 5 were reporting his comments certainly cast a Gore Reporting Co., Inc. St. Louis, Mo. (314)241-6750 (800)878-6750 WATER PCB-SD0000025031 ________________ _________ _________ ___________ ;_______ -1 very new and different light on a chemical 36 2 m a terial that if, indeed, it were ours, was 3 not consistent with my understanding of the, 4 of the industrial hygiene situation that we 5 were describing to our customers. I recall 6 that a term such as "poison" were used in 7 the, in the headlines of the reports, and so 8 yes, I was concerned, but -- that if, indeed, 9 our products were involved, that they were 1 0 being, that they were being characterized in 1 1 a way that was not consistent with their - 12 with reality. 13 MR. TALLON: I want to show you 14 another copy of this same letter which we'll 1 5 mark as the next exhibit in order, 663. 16 (Plaintiff's Deposition 1 7 Exhibit 663 marked for 1 8 identification.) 19 BY MR. TALLON: 2 0 Q: And the purpose of my doing so, 2 1 Mr. Wood, is to ask you whether or not you 2 2 recognize the handwriting that appears on the 2 3 first page of that letter, now Exhibit 663, 2 4 which appears to say, "This is not biphenyl." 2 5 A: Yes, I do recognize the writing. Gore Reporting Co., Inc. St. Louis, Mo. (314)241-6750 (800) 878-6750 WATER PCB-SD0000025032 ___________ ____________ _______________________________________3 7 1 That is Paul Beni gnus' writing. 2 Q: And Mr. Benignus was in the United 3 States, so far as you know, his regular 4 office'station was in the United States, 5 and - - 6 A: Yes, he was in St. Louis, 7 Missouri,U.S.A. 8 Q: After you sent a copy of the 9 Rising & Strand letter to St. Louis, do you 10 recall what happened next, whether you were 1 1 asked to do anything or whether you were 1 2 asked for information from Monsanto employees 1 3 in St. Louis? 1 4 A: Ultimately, as part of a visit 1 5 that I made to Sweden, I visited with Sorjen 1 6 Jensen and, and reported back to St. Louis 1 7 further information about the work that he 1 8 had been doing and gave them further 19 information about how his work had started, 2 0 what was the extent of his work, and where 2 1 his work might take him next. 2 2 Q: But after - - I want to focus you 2 3 for just a moment, if you will, on the time 2 4 in late 1966 when the Rising & Strand letter 2 5 came to you, you sent it on to St. Louis; is Gore Reporting Co., Inc. St. Louis, Mo. (314) 241-6750 (800) 878-6750 WATER PCB-SD0000025033 ________________________________ 1 t ha t c o r r e c t ? 2 A: Yes, that is correct. 3 Q: Do you recollect the initial 4 response of your colleagues in St. Louis to 5 their receipt* of this letter or a copy of 6 this letter from you? 7 A: Their immediate response is 8 typified, I guess, by what I'm - - what I read 9 here and what I read then is that my 1 0 colleagues would say, "Hey, there is a 1 1 chemical characterization issue here, that 1 2 bipheno1 is not biphenyl, and therefore, we 1 3 will have to do further questioning to find 1 4 out what is the reality of the work that Mr. 1 5 Jensen is doing in Sweden and - 1 6 MR. TALLON: Let me have marked as 1 7 the next exhibit a one-page memorandum that 1 8 has a production number on it STR 017 90. 19 THE WITNESS: Are we going back to 2 0 these,or-2 1 MR. TALLON: I think it would be 2 2 useful to just have that. 2 3 THE WITNESS: All of them? 2 4 MR . TALLON : Yeah . 2 5 (Deposition Exhibit 664 Gore Reporting Co., Inc. St. Louis, Mo. (314) 241-6750 (800) 878-6750 WATER PCB-SD0000025034 ____________________________________________ ____________ ___________ _3_9 1 marked for identification.) 2 (Witness' peruses said 3 document . ) 4 THE WITNESS : Yes. 5 BY MR. TALLON: 6 Q: Do you recognize or can you 7 identify this document, Mr. Wood? 8 A: This is a letter, which I sent to 9 George Buchanan, who was Paul Benignus' 1 0 superior in St. Louis, and again, I was 11 seeking to try to get clarification of what 1 2 are we seeing in Sweden, what is this 1 3 confusion that is reigning in Sweden in terms 14 of what chlorinated entity is the subject of 1 5 publicity in Sweden at the present time, what 1 6 action should be we be taking, what should 1 7 Monsanto's response, appropriate response'be. 1 8 to an unclear environmental issue report. 19 Q: Do you recollect Mr. Buchanan's 2 0 title in December 1966? 2 1 A: December 1966, he was probably 2 2 director of Functional Fluids or Specialty 2 3 Chemicals. One name or the other was the, 2 4 was the group operation name at that point in 2 5 t ime . Gore Reporting Co., Inc. St. Louis, Mo. (314)241-6750 (800) 878-6750 WATER PCB-SD0000025035 _________ . ____________________ _________________ _____________ _______ 4_0 1 Qs Dr. Emmett Kelly is listed as a 2 copyee on this memorandum. He was the 3 medical director in St. Louis at the time? 4 A: Yes, he was. 5 Qs And D. V. N. Hardy in London, was 6 he your superior? 7 A: No, D. V. N. Hardy in London was 8 essentially the medical expert, consultant in. 9 product safety issues in. our London office. 1 0 Q: And the memorandum is also copied 1 1 to R. A. Steinrod in St. Louis. Do you 12 recall who that gentleman was? 1 3 A: Mr. Steinrod had a position 1 4 relative to international marketing. He 1 5 would be involved in part of the 16 communication of where we were selling 1 7 products that were made in the United States 1 8 outside of the United States, then you would 1 9 have somebody responsible for administrating 2 0 and communicating with the world areas, and 2 1 that was Mr. Steinrod's role. 2 2 Qs And Mr. Arpino in Brussels, who 2 3 was that ? 2 4 As Mr. Arpino worked with me in the 2 5 fluids area, in the marketing of fluids in Gore Reporting Co., Inc. St. Louis, Mo. (314) 241-6750 (800) 878-6750 WATER PCB-SD0000025036  ________________ ;__________ ;________________ ;________________ 4 1 1 Europe. 2 Q: Do you know whether this 3 particular memorandum dated the 1st of 4 December 1966 was your first communication 5 with Monsanto employees in St. Louis about 6 the Sorjen Jensen work? 7 A: I received the letter from Rising 8 & Strand very late in November, so I may have 9 had a telephone conversation, but this, I 1 0 believe, was probably the first - - it was the 11 first or the second, it. was early in the 1 2 correspondence chain with St. Louis. 1 3 Q: The first line of the memorandum 1 4 refers to a letter, a copy of a letter being 1 5 attached to the memorandum. It's refers to a 1 6 letter received from Ola Palm in Stockholm. 1 7 Is Ola Palm the Ola who you believe authored 18 the letter from Rising & Strand? 1 9 A: Yes, he is. 20 . Q: So the letter referred to in the 2 1 first line of the first paragraph is the 2 2 Rising & Strand letter which has been earlier 2 3 marked as an exhibit in this deposition? 2 4 . MR. ZIMMERs You mean that 2 5 particular letter? Gore Reporting Co., Inc. St. Louis, Mo. (314)241-6750 (800)878-6750 WATER PCB-SD0000025037 42 1 MR. TALLON: Right. 2 MR. ZIMMER: As opposed to one of 3 some other date. 4 MR. TALLON: That's correct. 5 A: I can't state that categorically. 6 BY HR. TALLON: 7 Q: Do you having received 8 another letter from Rising & Strand before 9 the 1st of December 1966 which discussed the 10 situation with Aroclors in Sweden? 1 1 A: I don't recall such, but the same 12 extent, I'm sure you don't want me to 1 3 speculate. 14 Q: No, I don't want you to speculate 1 5. but I do want you to tell me whether you 16 recall any other - 1 7 A: I don't recall whether this was 18 the other that I attached to this memo. 1 9 Q: Do you have any doubts as to 2 0 whether or not' it is? 2 1 MR. ZIMMER: Argumentative, calls 2 2 for speculation. 2 3 BY MR. TALLON 2 4 Q: You can answer. 2 5 MR. ZIMMER: If you have a Gore Reporting Co., Inc. St. Louis, Mo. (314) 241-6750 (800) 878-6750 WATER PCB-SD0000025038 __ _________________ .__________________________ ____ _________ ________ 4 3 1 different answer than you've already given. 2 A: I thought I'd given the answer to 3 that qu es tion. 4 MR. ZIMMER: You have about three 5 times, but you can. 6 MR. TALLON: Well, I'm going to 7 ask the question again, and the question is, 8 do you have any doubt that the Rising & 9 Strand letter which we have looked at in this 1 0 deposition as an exhibit is the letter which 11 was attached to this memorandum to Mr. 12 Buchanan in St.Louis? 13 MR. ZIMMER: Same objections. 14 A: I have some doubt. 1 5 BY HR. TALLON: 1 6 Q: And upon what is that doubt based? 1 7 A: Because I can't with certainty 1 8 recall that this was the letter that was 19 attached to that cover memo. 2 0 Q: Do you recall having received any 2 1 other correspondence from Rising & Strand 2 2 before the 1st of December 19 66 which was the 2 3 subject of your writing to Mr.Buchanan? 2 4 A: I received correspondence from 2 5 Rising & Strand frequently. Gore Reporting Co., Inc. St. Louis, Mo. (314)241-6750 (800)878-6750 WATER PCB-SD0000025039 44 1 Q: Understood, but the specific 2 question, Mr. Wood, is whether you recall 3 getting a letter from Rising & Strand which 4 was the subject of correspondence between you 5 and Mr. Buchanan at - 6 A: No, I don't recall any other 7 letters. 8 Q: Okay, thank you. 9 The memorandum of December 1st, 10 1966, states that "I have sent copies of this 1 1 letter also to the appropriate departments 12 within our own organization." Do you know 1 3 what departments are referred to in that 14 sentence? 1 5 As D. V. N. Hardy in London and 1 6 Adolfo Arpino in Brussels. 1 7 Q: The memorandum goes on to state .1 8 that, "In consideration of the importance we 1 9 are placing on development of the Swedish 2 0 market for Aroclor over the next five years, 2 1 we would be grateful if you could arrange for 2 2 this information to be considered by the 2 3 appropriate departments in St. Louis and 2 4 their comments transmitted to us as soon as 2 5 possible." Do you see that? Gore Reporting Co., Inc. St. Louis, Mo. (314)241-6750 (800)878-6750 WATER PCB-SD0000025040 ______________________________ ___________ __________ .__________ 4J5 1 A: Barely, but yes. 2 Q: Do you recall whether in 1966 you 3 had a business plan to develop a Swedish 4 market for Aroclor? 5 A: Sweden at that particular point in 6 time was within the European Free Trade 7 Organization, as opposed to being within the 8 Common Market. Our production plan for 9 chlorinated biphenyls was in the United 1 0 Kingdom which was also part of the European 11 Free Trade Association. There was, 12 therefore, a preferential duty for material 13 flowing from England to Sweden, and 14 therefore, Sweden was a target market for 1 5 supply from our United Kingdom plant that was 1 6 making this class of materials. 1 7 Q: So it was your hope to establish 1 8 a, establish or grow a market for Aroclor in 19 Sweden? 2 0 A: There was a market for dielectric 2 1 fluids in Sweden. It was my intention to 2 2 grow Monsanto's position in that marketplace. 2 3 Q: Did you - - by the way, Mr. Wood, 2 4 after you communicated initially with your 2 5 colleagues in St. Louis about the Sorjen Gore Reporting Co., Inc. St. Louis, Mo. (314)241-6750 (800)878-6750 WATER PCB-SD0000025041 ________________________________;_______________ ;____________________________._________ 4 6 1 Jensen work, do you recollect having any 2 communications by telephone, as opposed to 3 communications in writing about the subject 4 of the Sorjen Jensen work? 5 A: No, I don't. 6 Q: Did you travel to the United 7 States, as best you recall, in December 1966 8 or the first quarter of 1967 for the purpose 9 of meeting with your colleagues in St. Louis? 1 0 A: I made one trip to St. Louis in 1 1 the period that I was in the position of 12 Product Supervisor for Dielectric Fluids in 1 3 Europe. When that visit was, precisely, I do 1 4 not recall. 1 5 Q: Do you recall if that visit was, 1 6 in part or in whole, in connection with the 1 7 issues raised by Sorjen Jensen's work? 1 8 A: It -- I'm pretty sure it wasn't. 1 9 This was part of a developmental visit that I 2 0 was to -- to visit the United States to - 2 1 for routine exposure to the people in the 2 2 extended business organization. 2 3 MR. TALL ON: Let me show you. a 2 4 document that's a one-page memorandum bearing 2 5 production number TRAN 056624 and is dated Gore Reporting Co., Inc. St. Louis, Mo. (314) 241-6750 (800) 878-6750 WATER PCB-SD0000025042 __ _____________________________ ;_________ ;_________ ____________________________ 47 i December 12, 1966. I'm going to have the 2 court reporter mark that as Exhibit 665. 3 (Plaintiff's Deposition 4 Exhibit 665 marked for 5 identification.)- 6 (Witness peruses said 7 document.) 8 THE WITNESS : Yes. 9 B Y MR. TALLON: 1 0 Q: Can you identify that document, 1 1 please, Mr. Wood? 1 2 A: This is a memo to me from Dr. 1 3 Emmett Kelly from our Medical Department in 14 the United States in December of 1966. 15 Q: Do you believe that this refers to 1 6 the work of Sorjen Jensen which was referred 1 7 to in the Rising & Strand letter? 1 8 A: Yes, I do. 19 Q: At any time after you learned 2 0 about Sorjen Jensen's work initially, Mr. 2 1 Wood, did you provide or were you in the 2 2 chain of providing Aroclor samples to Sorjen 2 3 Jensen? 2 4 A: Sorjen Jensen, in the following 2 5 year, when we visited and met with him, asked Gore Reporting Co., Inc. St. Louis, Mo. (314)241-6750 (800)878-6750 WATER PCB-SD0000025043 , . ___________ ________ 48 1 about samples of certain chlorinated 2 materials which were not materials of 3 commerce. That request was relayed to the 4 people competent to provide them, and whether 5 or not they were eventually, provided, I'm not 6 c e r tain. 7 Q: You did not provide any - 8 A: I did not take in my hands samples 9 of chlorinated polyphenyl isomers and' say, 1 0 "Sorjen, here are some pure isomers." 1 1 Q: When you referred to not -- a 1 2 product or a substance that was not <; 1 3 commercial. You were referring to the 1 4 isomer, as opposed to a blended product? 1 5 A: I've got to make a correction in 1 6 your question. 1 7 Q: Okay. 1 8 A: You talk about blended product . 1 9 When you chlorinate biphenyl, you produce a 2 0 mixture of isomers. You do not produce 2 1 isomers and then blend them together to 2 2 produce a commercial product. The mixture of 2 3 isomers is the product of chlorination of 2 4 biphenyl, so what Mr . - - what Dr. Jensen was 2 5 looking for were some pure isomers of Gore Reporting Co., Inc. St. Louis, Mo. (314) 241-6750 (800) 878-6750 WATER PCB-SD0000025044 ________________ ;_______________________ ;_________________________________________ 4 9 1 chlorinated biphenyl materials, and those you 2 cannot produce by a straightforward 3 chlorination of biphenyl separation. You 4 have to go through some rather exotic 5 synthesis means to produce specific isomers 6 and not just a big mixture of isomers of 7 chlorinated biphenyls . 8 Q: Did ybu acquire an understanding 9 from Sorjen Jensen why he was looking for 1 0 individual -- and tell me if that's not the 1 1 correct technology -- or, terminology -- . 12 isomers? 1 3 A: Yes, because the, the hypothesis 1 4 of Sorjen Jensen was that if he had some pure 1 5 isomers which were components of the mixture 1 6 of chlorinated biphenyls, that he might be 1 7 able to associate these with the peaks that 1 8 he was discovering in the spectrographs, and 19 therefore, clarify and identify was the 2 0 chemical material that he was seeing, that he 2 1 thought they was he was seeing, indeed a 22 biphenyl ring chlorinated to different high 2 3 1 eve Is. 2 4 Q: D o y o u re call what specifically he 2 5 asked Monsanto to provide to him? Gore Reporting Co., Inc. St. Louis, Mo. (314) 241-6750 (800) 878-6750 WATER PCB-SD0000025045 ___________ ______________ ________ ________ 50 1 A: He was asking if we have small 2 milligram quantities of pure isomers of 3 higher chlorinated biphenyls which he 4 believed that he was seeing in his spectrum 5 of peaks in his spectrographs. 6 Q: When you used the term "more 7 highly chlorinated biphenyls," to what do you 8 refer? 9 A? Most of the work that Jensen 1 0 seemed to be reporting at that time was 11 alluding to finding a chlorinated material 12 but which was very highly chlorinated. He 13 wasn't talking about a lightly chlorinated 14 material, he wastalking about a high ratio 15 of chlorine to hydrocarbon in the molecules. 1 6 Q: And when you used the term "high 1 7 ratio of chlorine to hydrocarbon in the 1 8 molecules, what ratio do you refer to? 19 A: To relate t hat purely 2 0 hypothetically toa chlorinated biphenyl, we 2 1 would, be talking penta, hexa, hepta, 22 oxychlor, the high end of saturation with 2 3 chlorine of the ring. 2 4 Q: Did you have any communications, 2 5 Mr.Wood, with a Mr. Richardson of Shell Gore Reporting Co., Inc. St. Louis, Mo. (314)241-6750 (800)878-6750 WATER PCB-SD0000025046 ___________________ ____________ _______________ 5 1 1 Chemicals Tunstall Laboratory in Sittingborn 2 Kenton the subject of Sorjen Jensen's work? 3 A: I'm not sure I did. I believe 4 Monsanto did. 5 Q: And by "Monsanto, " are you ' 6 referring to Mr. Hardy? 7 A: I believe there was some contact 8 at that period between Dr. Hardy and, and 9 Shell. 1 0 Q: Would you please relate what you 1 1 recall about the contact between Mr. Hardy, 1 2 Dr. Hardy and Shell? 1 3 A: Very little. 14 Q: All right, could you tell me what 1 5 you remember? 1 6 A: Well, I don't remember. I know 1 7 that there was contact between Dr. Hardy and, 1 8 and Shell. I do not recall details of that 19 communication. 2 0 Q: Let me show you a document which 2 1 we'll have the court reporter mark as Exhibit 2 2 666, a one-page memorandum bearing production 2 3 number TRAN 007566. 2 4 (Plaintiff's Deposition 2 5 Exhibit 666 marked for Gore Reporting Co., Inc. St. Louis, Mo. (314) 241-6750 (800) 878-6750 WATER PCB-SD0000025047 _________________ 1 - ___________ ___________ . ___________ 52 identification.) 2 (Witness peruses said 3 do cument. ) 4 As Yes. 5 Q: Does having reviewed that exhibit, 6 Mr. Wood, refresh your recollection in any 7 respect as to the communications or your 8 knowledge of the communications between Dr. 9 Hardy and Shell? 10 ; A: It reminds me that Shell had, 1 1 themselves, become aware of the publication 12 of the paper by Sorjen Jensen in Sweden and 1 3 that they contacted Dr. Hardy to again 14 further get into the dialogue, which was now 15 becoming a multilog, between people as to 1 6 what chemically are we, what chemically are 1 7 we really seeing in the Swedish area. 1 8 Q: Do you recollect Dr. Hardy ' 1 9 communicating to you that Shell believed that 2 0 the polychlorinated biphenols referred to in 2 1 the Swedish press were, in fact, 2 2 polychlorinated biphenyls? 2 3 A: Yes, I do recall that. 2 4 Q: Do you recall what, if anything. 2 5 Dr. Hardy said to you about the -- that Gore Reporting Co., Inc. St. Louis, Mo. (314) 241-6750 (800) 878-6750 WATER PCB-SD0000025048 . _________________________ __________________________ _____________ 53 1 belief communicated to him by Shell? 2 As That again, this was one more 3 voice suggesting that, that the materials 4 that Sorjen Jensen was seeing could.be, 5 perhaps we re, chlorinated biphenyls, but that 6 this was still an issue that we had not yet 7 got to the bottom of the track in terms of 8 elucidating exactly what was being observed 9 in Sweden. 1 0 Q: When you indicated a moment ago 11 that the dialogue was becoming a multilog, 1 2 did you mean to suggest that a greater number 13 of people were becoming involved in the 14 discussion? 1 5 A: Yes.Yes. 1 6 MR. TALLONs I want to mark as the 1 7 next exhibit, which is - -.you want to take a 1 8 break? 19 THE WITNESS: I want to take a 2 0 break for two purposes. 2 1 (Recess) 2 2 BY MR. TALLON: 2 3 Q: Let me just touch on a couple of 2 4 things which I think will be quick, Mr. Wood. 2 5 During the period of your employment with Gore Reporting Co., Inc. St. Louis, Mo. (314) 241-6750 (800) 878-6750 WATER PCB-SD0000025049 _______ ___________;_____________________ ;________ ______________________________5 4 1 Monsanto, did you ever have responsibility 2 for sales of products sold under the names of 3 either MCS 153 or Turbinol 153? 4 A: No, I did not. . 5 Q: During the period of your 6 employment by Monsanto, did you ever have 7 responsibility -- strike that. 8 Did you ever communicate with 9 persons you believed to be representatives of 1 0 Texas Eastern Transmission Company? ; 1 1 A: No, I did not. 1 2 Q: And during the period of your 1 3 employment with Monsanto, did you ever have 1 4 occasion to communicate with persons you 1 5 believed to be representatives of 1 6 Transwestern Pipeline Company? 1 7 A: No, I did no t. 1 8 Q: During the period of your 19 employment with Monsanto, have you ever had 20 occasion to communicate with any customer or 2 1 prospective customer of Monsanto which was in 2 2 the business of natural gas transmission 2 3 through interstate pipelines? 2 4 A: I want you to ask that last 2 5 question, again, please. Gore Reporting Co., Inc. St. Louis, Mo. (314) 241-6750 (800) 878-6750 WATER PCB-SD0000025050 1 THE COURT REPORTER 55 2 " Q. During the period of your 3 employment with Monsanto, have you ever had 4 occasion to communicate with any customer or 5 prospective customer of Monsanto which was in 6 the business of natural gas transmission 7 through interstate pipelines?" 8 A: Yes. 9 BY MR. TALLON: 10 Q: And what customer are you . 1 1 referring to, or prospective customer? 12 A: In that part of my responsibility 1 3 which involved dielectric fluids as they were 14 utilized in transformers, from time to time I 15 am -- I do recall that I was asked questions 1 6 about transformer maintenance issues by 17 people who used transformers on natural gas 1 8 pipelines. 1 9 Q: Transformers 2 0 t ransf ormers ? 2 1 A: Electrical transformers. 2 2 Q: Are you familiar with the 2 3 terminology "open system" and "closed 2 4 system"? 2 5 A: Yes. Gore Reporting Co., Inc. St. Louis, Mo. (314) 241-6750 (800) 878-6750 WATER PCB-SD0000025051 ___________ . ____________________ _________ ._______________ 5 6 1 Q: And is a transformer a closed 2 system? 3 A: Yes, it is. . 4 Q: Is a capacitor a closed system? 5 A.: Y e s , it is. 6 MR. TALLON: Let me show you a 7 document which we'll ask the court reporter 8 t o mark a s Exh ibit 667. It's a mu ltipage 9 memorandum with an attachmentbearing 1 0 production numbers TRAN 05947 through 085953. 11 . (Plaintiff's Deposition 12 Exhibit 667 marked for . 1 3 identification.) 14 (Witness peruses said 1 5 do cument. ) 1 6 THE WITNESS : Yes . 1 7 BY MR. TALLON: 1 8 Q: Can you identify this ex hibit, Mr. 1 9 Wood? 2 0 A: This is a memo that I used to 2 1 communicate to my colleagues in St. Louis 2 2 following a visit that I made to Sweden !n 2 3 January of 1967. As a part of that visit, I 2 4 took the opportunity to meet with Sorjen 2 5 Jensen, who had made some statements about Gore Reporting Co., Inc. St. Louis, Mo. (314) 241-6750 (800) 878-6750 WATER PCB-SD0000025052 ___________._________ ____________________.________________________ 57 1 his work in December of 19 6 6 which had led to 2 certain articles appearing in the Swedish 3 press. 4 Qs Are the statements you've just 5 referred to the statements which were 6 communicated to you in the Rising & Strand 7 letter? 8 A: These are they. 9 Q: Do you recall where Sorjen Jensen 1 0 was physically located when you visited with 1 1 him in Sweden in 196 7 ? 12 A: He was associated with a 1 3 technology institute in Sweden called the 1 4 earlia Canc^~Institute . 1 5 Q: And where, what location, in what 1 6 location was that institute? , 1 7 A: That was in Stockholm. 1 8 Q: Did you visit with Mr. Jensen or 19 Dr. Jensen in his office in Stockholm, then? 2 0 A: I visited with him in the 2 1 institute. I don't recall whether it was his 2 2 office, or in a conference room, or -- 2 3 Q: Were you accompanied by anyone on 2 4 your meeting with Sorjen Jensen? 2 5 A: I was accompanied by our local Gore Reporting Co., Inc. St. Louis, Mo. (314)241-6750 (800)878-6750 WATER PCB-SD0000025053 ________ _____________ ;____________ ___________ 1 representative. 58 2 Q: And who was that? . 3 A: OlaPalm. 4 Q: Ola Palm. And was Sorjen Jensen 5 accompanied by anyone? 6 A: I --there was communication with 7 two people in that area, both Dr. Jensen and 8 Dr. Widmark. I don't recall whether we met 9 Dr. Widmark at the same meeting or 1 0 s eparately. 11 Q: You are referring to Gunar 1 2 Widmark? 1 3 A: I believe his first name was 1 4 Gunar. . 15 Q: And did you make any handwritten 1 6 notes of your meeting with Sorjen Jensen? 1 7 A: I probably, I probably did. 1 8 Q: Do you recollect whether you saved 1 9 those in any file after your meeting? 2 0 A: Ididn't. 2 1 Q: You didn't? 2 2 A: Ididnot. I communicated based 2 3 on my notes at the meeting and then sort of 2 4 destroyed the -- normal practice, no use 2 5 keeping handwritten notes when you've Gore Reporting Co., Inc. St. Louis, Mo. (314)241-6750 (800)878-6750 WATER PCB-SD0000025054 _________;_______________________ :__________;___________ . .__________5_9 1 communicated the context of what you wanted 2 to - - 3 Q: Is Exhibit 667 a memorandum based 4 in part on your, the notes of your meeting 5 with Sorjen Jensen? . 6 A: Yes, it is. 7 Q: And did you draftthis memorandum 8 on or about 26 January 1967? 9 A: Yes. 1 0 Q: Was it part of your job 1 1 responsibilities to do so? 1 2 A: Yes. 1 3 Q: And did you intend for the 14 recipient, Mr. Buchanan, and the copyees, to 1 5 rely on the information which you included 1 6 within the memorandum? 1 7 A: I expected them to accept and rely 1 8 on this memo as my understanding of what I 1 9 had heard in Sweden and to come back to me 2 0 and give me guidance as to did this raise in 2 1 their mind any other questions, any other 2 2 issues that would need further, further- 2 3 investigation, further study. 2 4 Q: Did your discussions with Sorjen 2 5 Jensen eliminate in your mind any doubt that Gore Reporting Co., Inc. St. Louis, Mo. (314) 241-6750 (800) 878-6750 WATER PCB-SD0000025055 _________________ ______________________________ 1 the chemical which is the subject of his 60 2 investigation was chlorinated diphenyl? 3 A: It eliminated from my mind any 4 doubt that what Sorjen Jensen thought he was 5 dealing with was chlorinated biphenyl. 6 Q: Chlorinated biphenyl is an 7 Arochlor? 8 As Chlorinated biphenyl which various 9 types of chlorinated biphenyl were sold by 1 0 Monsanto under a trademark Aroclor. The term 1 1 "chlorinated biphenyl" as used by Sorjen 12 Jensen is not synonymous with Aroclor. 1 3 Q: In what way is it not synonymous? 14 A: First of all, there are many 1 5 producers of chlorinated biphenyls, so there 16 is not an automatic tie-in, chlorinated 1 7 biphenyl equals Aroclor. Secondly, there 1 8 were chlorinated biphenyls that we didn't 1 9 make that were made by other people that were 2 0 used in commerce. Secondly, there were other 2 1 chlorinated materials that had similar 2 2 fingerprints to chlorinated biphenyls, and 2 3 again, there is not an automatic synonymity 2 4 between chlorinated biphenyl and Aroclor. 2 5 Q: And you are using Aroclor in its Gore Reporting Co., Inc. St. Louis, Mo. (314)241-6750 (800) 878-6750 WATER PCB-SD0000025056 _____ _______________________________ , ______________________ __________________________ ___________________________ .. ________________________________ 1 sense as a trade name or trademark for a 61 2 Monsanto product; correct? 3 A: Aroclor was the trademark of 4 Monsanto's used for sales of various types of 5 chlorinated biphenyls. 6 Q: Did you, as a result of your visit 7 with Sorjen Jensen, come, to have some 8 confidence in his work? 9 MR. ZIMMER: I'm sorry, 1 0 "competent" or "confidence"? 1 1 MR. TALLON: Confidence. 1 2 THE WITNESS: Confidence in his 1 3 work . 1 4 MR. ZIMMER: I'm sure. 1 5 A: No, I came from my meeting with 1 6 Sorjen Jensen to understand what his work had 1 7 been about and from what was the origin of 1 8 his work program. I was not, not competent 1 9 or qualified to say that his work was 2 0 definitively correct. 2 1 BY MR. TALLON: 2 2 Q: Did you come away with your 2 3 meeting with Sorjen Jensen with the belief 2 4 that he had no special agenda to prosecute or 2 5 to follow, but that he was an analytical Gore Reporting Co., Inc. St. Louis, Mo. (314)241-6750 (800)878-6750 WATER PCB-SD0000025057 __ ________________ ;___________ ____________ __________ . __________ 6_2 1 chemist dedicated to his research work? 2 As I came away from that particular 3 meeting feeling that Sorjen Jensen had been 4 engaged in some, some analytical research 5 work; he was young; he was obviously seeking 6 to advance in the Swedish technological 7 community, he had made some statements about 8 his work and had been drawn into making 9 comments that took him beyond his area of 1 0 expertise, into speculation, which I came 11 away from (sic) the Sense from these meetings 12 that his own supervisors, Gunar Widmark, had 13 felt that he was not comfortable with the 1 4 extension of remarks that were attributed to 15 Sorjen Jensen as being remarks that Sorjen 1 6 Jensen was qualified to make. 1 7 Q: When you say Sorjen Jensen was 1 8 drawn into making remarks, you mean drawn by 19 themedia, the Swedish press? 2 0 A: I believe so. 2 1 Q: And did you talk with Jensen about 2 2 the, the care that he should - - with which he 2 3 should approach further media inquiries? 2 4 A: I did discuss with him the 2 5 unfortunate aspect that people were hanging, Gore Reporting Co., Inc. St. Louis, Mo. (314)241-6750 (800)878-6750 WATER PCB-SD0000025058 6 3- ___________________________ _____________________________________ _______________________________ ______ __________________________ 1 hanging onto his words things that his words 2 did not support. 3 Q: Did you encourage him to be 4 moderate in his further communications with 5 the press on the subject of his work? 6 A: I encouraged him not to be drawn 7 into areas that were not areas of his 8 specific expertise. 9 Q: Did you emphasize with him a need 1 0 for care in any further publication of his 1 1 work which was made? 12 A: I would like to say that I 13 encouraged him tobe more technically 14 responsible, if that is the connotation in 1 5 which you are using the word "care," yes. 1 6 Q: Actually, it's not a trick 1 7 question, Mr. Wood. I was looking at the 1 8 third paragraph on the second page of your 1 9 memorandum, dated 26 January 1967, which 2 0 states that, "The point that I have made to 2 1 Jensen is the need for care in any further 2 2 publication of his work which is made. " Did 2 3 you - - 24 A: Which paragraph are we talking 2 5 about? Gore Reporting Co., Inc. St. Louis, Mo. (314) 241-6750 (800) 878-6750 WATER PCB-SD0000025059 - . _______________ ;___________________ ___________ 1 Q: Excuse me; it's the fourth and 2 last paragraph. 64 3 A : Oh . 4 Q: Did you make that statement? 5 A: I wrote that.statement; that is my 6 statement. My intention at the time was that 7 related to responsibility, that he did not 8 appear to be speaking with an expertise that 9 he did not have. 1 0 Qs And I take it from your response 1 1 that your concern was to emphasize to Sorjen 12 Jensen the need to stick to what we knew 1 3 about in dealing with the press? 1 4 As Yes . 1 5 Q: In your communications on that 1 6 occasion with Sorjen Jensen, did you and he 1 7 discuss any issues related to the disposal of 18 PCB wastes? 1 9 A: I do n't recall. 2 0 Q: About how long would you say that 2 1 that initial meeting with Sorjen Jensen was? 2 2 A: It was more than an hour and less 23 than a day. I seem to recall it was either a 2 4 morning or an afternoonmeeting. 2 5 Q: And are you able to state how long Gore Reporting Co., Inc. St. Louis, Mo. (314)241-6750 (800) 878-6750 WATER PCB-SD0000025060 ___________ ;___________ , ____________________ ___________ 65 1 that particular trip to Sweden lasted in 2 totality? 3 As The trip to Sweden, I would 4 probably have visited two capacitor 5 manufacturers, a transformer manufacturer, 6 had some administration with Rising & Strand, 7 our agents, it would normally have been, 8 probably, about three days in Sweden. 9 Q: Do you recall when you arranged to 1 0 make that trip? 11 A: No, I don't. 12 Qs Do you recall from what source you 1 3 obtained a copy of the LKB press release 14 which is attached to Exhibit 667 and which is 1 5 referred to in the text of your memorandum? 1 6 As I would have got that either from 1 7 Ola Palm or from Sorjen Jensen. 1 8 Qs Mr. Wood, that is your signature 19 over the typed name, "D. Wood" on page 3 of 2 0 the memo? 2 1 As Yes, it is. 2 2 Qs Do you recognize the handwritten 2 3 marginalia that appear on the front first 2 4 page of the memo up in the upper right-hand 2 5 corner? Gore Reporting Co., Inc. St. Louis, Mo. (314) 241-6750 (800) 878-6750 WATER PCB-SD0000025061 66 1 As I'm sorry, which words are you 2 drawing my attention to? . 3 Q: In the upper right-hand corner, 4 there appears to be a name or some words 5 wh ich are crossed out, in effect. 6 A: I don't recognize that writing. 7 Q: By the way, Mr. Wood, did you ask 8 Sorjen Jensen to -- not at the particular 9 meeting that we've been discussing, but did 10 you ever ask Sorjen Jensen to write a letter 1 1 defining the true extent of his own research 12 work and placing his results in their proper 1 3 perspective as referred to on the bottom of 1 4 page 2 and the top of page 3 of this 1 5 memorandum? 16 A: The bottom of page - - 1 7 Q: 2 of the memo, if you see it 1 8 begins, "I am hopeful that we" and then goes 19 over to the top of page 3. 2 0 (Witness peruses said 2 1 document.) 2 2 A: I don't -- I'm not aware that 2 3 Jensen ever wrote such a letter. 24 Q: Are you aware, or rather, do you 2 5 having asked him to? Gore Reporting Co., Inc. St. Louis, Mo. (314) 241-6750 (800) 878-6750 WATER PCB-SD0000025062 _________________ ________ ;___________________ ;__________;______________ 1 A: Not directly. I mean,.it- was 67 2 suggested that if questions from the press 3 came up, that at some point in time he might 4 wish just.to make sure that people understood 5 that he was talking as an analytical chemist, 6 he was not talking as a, as a doctor of 7 medicine, he was not talking as an industrial 8 hygienist, he was not talking, you know, from 9 other -- I mean, he was making comments, . 1 0 Jensen's work was related to studying 1 1 environmental residues around the DDT 12 studies, and he came around some peaks which 1 3 he was t r ying to identify what were these, 14 and as I said, that was the beginning and end 15 of what Jensen's expertise was. It was 16 analysis of small parts of chlorinated 1 7 materials in the environment. 1 8 Q: Understood, but when you say it 19 was suggested that Jensen not speak as an 2 0 industrial safety expert or so forth, do you 2 1 mean you suggested? 2 2 A: I suggested it was unwise and 2 3 unprofessional for people to speak to the 2 4 press outside their areas of expertise. 2 5 Q: And just to be clear, do you Gore Reporting Co., Inc. St. Louis, Mo. (314)241-6750 (800)878-6750 WATER PCB-SD0000025063 _________ ;__________ ______________________________ 68 1 recall asking him to write a letter of the 2 type which is described on the bottom of page 3 2 and the top of page 3? 4 A: I don't think I ever directly 5 asked him to write such a letter, 6 Q: To your knowledge,did anyone else 7 askhimtodoso? 8 A: I don't know of anybody else 9 asking him to do so. 1 0 Q: Were you hopeful, Mr. Wood, in 11 obtaining Sorjen Jensen's cooperation and 12 support in dealing with the emerging issues 1 3 that, among other things, were the subject of 14 the Rising & Strand letter to you in 1 5 November, late November 1966? - 1 6 MR. ZIMMER: What do you mean by 17 cooperation and support? 1 8 BY MR. TALLON: 1 9 Q: What did you mean, Mr. Wood, when 2 0 you wrote,."It would certainly be helpful in 2 1 getting his further support if we were able 2 2 to take available to him any small quantities 2 3 of pure isomers"? What support were you 2 4 looking for? 2 5 A: His support in carrying out work Gore Reporting Co., Inc. St. Louis, Mo. (314)241-6750 (800)878-6750 WATER PCB-SD0000025064 _____________ ___ ______________ ____ __________________ ;__________ _________________ 69 1 to find out ultimately what was he seeing, 2 what was he measuring in Sweden. 3 Q: Wasn't it your understanding that 4 he was going to continue that work anyway? 5 A: He was to continue that work, but 6 he, his claim was that his work could proceed 7 faster if, indeed, there were available pure 8 is ome r s . 9 Q: Okay. 1 0 A: I did not know at that time 11 whether pure isomers existed, whether they 1 2 could be made or what. 13 Qs Understood. But what support were 14 you looking for from Sorjen Jensen? Support 1 5 in dealing appropriately with the media? 1 6 A: No. No, support in keeping us 1 7 informed of what, indeed, he was finding, 1 8 that he would be working collaboratively to 19 allow us to understand what the issues were 2 0 invo1ve d. 2 1 Q: Just one other thing. I had asked 2 2 you whether you recalled discussing with 2 3 Sorjen Jensen the issue of waste disposal, 24 and I'm just wondering if reading the last 2 5 paragraph of this memorandum on page 3 Gore Reporting Co., Inc. St. Louis, Mo. (314) 241-6750 (800) 878-6750 WATER PCB-SD0000025065 ___________ . _______________________________________ 70 1 refreshes your recollection of such a 2 discus si on. 3 A: Didn't discuss that so much 4 with -- no. As I state in this paragraph, 5 "As you will see from,the press release one 6 of the major points that is made" --. 7 parentheses, in the press release-- "in the 8 difficulty of disposing of waste materials," 9 and so no, that was hot part of my discussion 10 with Sorjen Jensen, it was part of my 11 reporting and sending the press release to 1 2 the United States . 13 Q: So the reference in the last 14 paragraph refers to the LKB press release 1 5 which was attached to this - 1 6 A: Which is attached and to which 1 7 this paragraph refers. 1 8 Q: All right,thank you. 19 Did you ever have any dealings in 2 0 the course of your career with Monsanto, Mr. 2 1 Wood, with NCR, National Cash Register 2 2 Company? 2 3 A: Yes, I did. 2 4 Q: And how so? What were your 2 5 dealings, in brief? Gore Reporting Co., Inc. St. Louis, Mo. (314)241-6750 (800) 878-6750 WATER PCB-SD0000025066 . .__________________________ ;___________________________ ______________7_1 1 A: I want to go back, if I may, to an 2 exhibit that we talked about a little bit 3 earlier, my curriculum vitae, which was 4 Exhibit 661. 5 Q: Yes. 6 A: And if you look through the 7 section on professional activities, on the 8 second page, from the period of January the 9 1st, '78* through December 31st of 1979, I 1 0 talked here about my position being Market 1 1 Manager, Heat Transfer andProcessChemicals. 1 2 The process chemicals mentioned there 1 3 included solvents used in the production of 1 4 carbonless copy paper, and one of the large 1 5 customers in the United States for those 1 6 materials were NCR, the National Cash 1 7 Register Company, so in that period between 1 8 January 1978 and December 1979, Ihad 1 9 extensive contact with NCR. 2 0 Q: When you were inthatposition, 2! did it come to your attention that Monsanto . 2 2 had sold a product to NCR for the manufacture 2 3 of its carbonless copy paper which had as a 2 4 constituent element or elements 2 5 polychlorinated byphenyls? Gore Reporting Co., Inc. St. Louis, Mo. (314) 241-6750 (800) 878-6750 WATER PCB-SD0000025067 _____________ ___________ ____________ ____________________ 72 1 A: Yes. 2 Q: And is it your recollection or did 3 you ever learn that the particular Aroclor 4 involved in the manufacture of carbonless 5 copy paper was Aroclor 1242? 6 A: As an historical fact, I was aware 7 in the period that I was dealing with NCR 8 that in the past, they had at one point in 9 time used Aroclor 1242-base fluids in the 10 production of carbonless copy paper. 1 1 HR. TALLON: Let me ask the court 12 reporter to mark as Exhibit 668 a two-page 13 memo dated February 10, 1967, from R. Emmett 14 Kelly to Mr. D. Wood, bearing production 1 5 numbers TRAN 056619 and 6620. 1 6 (Plaintiff's Deposition 1 7 Exhibit 668 marked for 1 8 identification.) 19 (Witness peruses said 2 0 document.) 21 THE WITNESS : Yes . .. 2 2 BY MR. TALLON: 2 3 Q: Do you recollect receiving a copy 2 4 of this memorandum from Dr.Kelly? 2 5 As Yes . Gore Reporting Co., Inc. St. Louis, Mo. (314) 241-6750 (800) 878-6750 WATER PCB-SD0000025068 73 1 Q: Do you recollect having any 2 communications with Dr. Kelly on the subjects 3 articulated in this memo? 4 A: I know that I was involved with 5 trying to fill the information gaps which he, 6 which he identified under the, under the 7 items 1 through 7. 8 Q: Do you recollect having any 9 telephone communications with Dr. Kelly about 1 0 this memorandum or the process of pulling 11 together the information called for in items 1 2 1 through 7? 1 3 A: No, I don't. 14 Q: Did you set about inquiring the 1 5 information called for on your own, or did 1 6 you enlist help? 1 7 A: I enlisted help. 1 8 Q: Who did you enlist? 19 A: I enlisted the help of Ola Palm on 2 0 the ground, in Sweden, in terms of getting 2 1 copies of some of the, some of the 22 Swedish-generated material. I enlisted the 2 3 help of Dr. Hardy in London in coming to some 2 4 of those areas where, where he had more 2 5 functional expertise thanlhad. Gore Reporting Co., Inc. St. Louis, Mo. (314) 241-6750 (800) 878-6750 WATER PCB-SD0000025069 _________ .___________ ;_____________________________________ ' ______________ 7 4 1 Q: Was the meeting that you have 2 testified to with Sorjen Jensen your first 3 meeting with - - is it Mr. Jensen- or Dr. . 4 Jensen? 5 A: I don't remember. I don't think 6 he had got his doctorate at that point. I 7 think he was still a "Mr."' At that point, in 8 time. But yes; that was my first meeting 9 with him. 1 0 Q: Did you have subsequent meetings 1 1 with Sorjen Jensen? 12 A: I may have met him once more, but 1 3 I did not have, I did not have many meetings 14 with Mr. Jensen. 1 5 Q: Do you recall any others? 1 6 A: No. 1 7 MR. TALLOW: Let's mark as the 1 8 next exhibit, 669, a one-page memo dated 19 February 4th, 1969, from D. Wood to E. Scott 2 0 Tucker. 2 1 (Plaintiff's Deposition 2 2 Exhibit 669 marked for 2 3 identification.) 2 4 (Witness peruses said 2 5 document.) Gore Reporting Co., Inc. St. Louis, Mo. (314)241-6750 (800)878-6750 WATER PCB-SD0000025070 _____________________________ __ ________ ___________________ __________ 1 THE WITNESS : Yes. - 75 2 BY MR. TALLON: 3 Q: Do you can you identify that 4 document, Mr. Wood? 5 A: This is a memo that I wrote to 6 Scott Tucker in early 1969, when I believe 7 that there was a later art icle in'a. Danish 8 newspaper discussing Jensen's work. 9 Q: By the time of this memo, February 1 0 4th, 1969, you were no longer Product 11 Supervisor for Dielectric Fluids? 12 A: If I go back tot he curriculum 13 vitae to be precise, the memo we are 14 referring to was dated in the 4th of February 1 5 of 19 6 9 and I was, from January the 7th, 16 T9 6 8 , in the position of Market Supervisor, 1 7 Food and Fine Chemicals. 1 8 Q: Do you recollect Mr. Tucker's 19 position at the time you wrote this 2 0 "memorandum to him? 2 1 A: He was involved in the research 2 2 and development laboratories in St. Louis, 2 3 and his main involvement had been and 2 4 continued to be in developing analytical 2 5 t e c hniqu e s . Gore Reporting Co., Inc. St. Louis, Mo. (314)241-6750 (800)878-6750 WATER PCB-SD0000025071 . ___________ ;_________________________ __________ 76 1 Q: Analytical techniques for 2 identifying, detecting PCBs? 3 A: Analytical techniques for wherever 4 Monsanto had need for developing methods for 5 chemical identification and quantification, 6 then those would be sent to the Applied 7 Sciences Section. They were experts in 8 analytical -- on development of analytical 9 technology. Scott happened to have been 1 0 involved in the development of techniques for 1 1 identification of measuring of PCBs. 12 Q: And in this memorandum, you were 1 3 replying to a memo that he wrote to. you? 1 4 A: Yes . 1 5 Q: And you wrote this memo on or 1 6 about February 4th, 1969? 1 7 A: Yes, I did, and this was something 1 8 where, because of my previous involvement, 1 9 something had occurred that, that I suspect 2 6 that Scott wanted to test my recollection of 2 1 previous events. 2 2 Q: And it was part of your job 2 3 responsibilities at Monsanto to respond to 2 4 Mr. Tucker's inquiry in this memo to him? 2 5 A: No, it wasn't part of my job Gore Reporting Co., Inc. St. Louis, Mo. (314) 241-6750 (800) 878-6750 WATER PCB-SD0000025072 ______________.____________________________________________ - ._________ij_ 1 responsibility, but good common sense says 2 that if somebody that you've worked with 3 previously asks that sort of question, you 4 respond. I mean, I was -- my responsibility 5 was for the marketing of Food and Fine 6 chemicals. 7 Q: Yes. You had moved out of the 8 dielectric area. 9 A: That's right. 1 0 Q: And you had no responsibility in 1 1 1969 for PCB-based products? 1 2 A : That is c o rre c t . 13 Q: But would you nothaveexpected 14 that it was anticipated by your superiors 1 5 that if you got a, an inquiry from a person 1 6 in another department at Monsanto, it was 17 part of your job responsibility to reply to 1 8 it? 19 As Yes. .. 2 0 Q: And you intended for Mr. Tucker to 2 1 rely on the information which was reflected 2 2 in your memorandum? 2 3 MR. ZIMMER: What do you mean by 2 4 "rely on," Counsel? 2 5 MR. TAIiliON: I don't -- is that a Gore Reporting Co., Inc. St. Louis, Mo. (314)241-6750 (800)878-6750 WATER PCB-SD0000025073 ______________ _____________ _______________ _________________ 7 8 1 mysterious word, "rely"? 2 MR. ZIMMER: Well, in this 3 context, it could be rely on to what, to do 4 what? ' 5 MR. TALLON: Well, in the process 6 of establishing a foundation to qualify the 7 document as a business"record. If you want 8 to stipulate to that, then we can withdraw 9 the question. 1 0 MR. ZIMMER: Well, my question to 11 you stands. I'm not sure what you mean by 12 "rely." I mean, you can rely on it for a 1 3 variety of different things. 14 MR. TALLON: The question stands. 15 I'm not going to have a dial ogu e with you, 1 6 Fritz, on what the word "rely" means. 1 7 MR. ZIMMER: Fine. Then we'll 1 8 have the uncertainty also stand. 19 BY MR. TALLON: 2 0 Q: You can answer. Do you understand 2 1 the word "rely"? 2 2 A: Would you read back the question? 23 THE COURT REPORTER: 2 4 " Q. And you intended for Mr. 2 5 Tucker to rely on the information which was Gore Reporting Co., Inc. St. Louis, Mo. (314) 241-6750 (800) 878-6750 WATER PCB-SD0000025074 . _________ __________________________ ' ____________ _______________ 79 1 reflected in your memorandum?" 2 A: No, I intended Mr. Tucker to rely 3 on my recollection of a previous event, of 4 what my understanding was of a previous 5 situation. 6 BY MR. TALLON: 7 Qs And was your recollection and 8 understanding of the previous situation 9 reflected in the memorandum you wrote to him 10 on February 4th,1969? 11 A: I try to accurately reflect what 12 my memory was about a previous event. 1 3 Q: Is there anything in this 1 4 memorandum that you see today that is -- that 1 5 you believe isincorrect? 1 6 A: Yes, 1 7 Q : What? 1 8 A: I f I w e n t back and, with 2 0/ 20 19 hindsight, I would not have said, "I don't 2 0 think that at that time we questioned" -- can 2 1 I start again? 2 2 Q : Mm-hmm. 2 3 A: In retrospect, I would not have 2 4 composed a memo which said, "I don't think at 2 5 that time we questioned that he had, in Gore Reporting Co., Inc. St. Louis, Mo. (314) 241-6750 (800) 878-6750 WATER PCB-SD0000025075  ________ _____________ . ,_________________________ 1 actual fact, found chlorinated biphenyl." 80 2 I've been involved with the PCB situation 3 later, and I think more accurately that there 4 was still, at that point in time, a question 5 in some more capable people in Monsanto's 6 minds as to what Jensen really was finding. 7 Q: What about what was in your mind? 8 A: I'm going to say, you know, I - 9 but I use the term, "I don't think at that 10 time we questioned." I mean, if I had 11 misinterpreted the situation and had sort of 12 said that I felt that it was fairly likely, 13 but I'm a salesman. I'm a marketing guy. 1 4 I've got some basic chemical training, but it 1 5 is not, in retrospect, I don't think that 1 6 this letter accurately reflects an 17 appropriate view put forward by me, as a 1 8 marketing guy, in terms of saying "Without 1 9 any doubt, there is no question in Monsanto's 2 0 corporate mind that what we were seeing was 2 1 chlorinated biphenyl . " 2 2 Q: Is it fair to say that at the time 2 3 that you did not question that he had, in 2 4 fact, found chlorinated biphenyl in the sea 2 5 eagle's livers? Gore Reporting Co., Inc. St. Louis, Mo. (314) 241-6750 (800) 878-6750 WATER PCB-SD0000025076 __ ________________ . ________________________ __ ________ T A: I didn't, butI probably should 81 2 have done. 3 Q: And what you are referring to is 4 that you don't know February 4, 19 69, whether 5 others in Monsanto shared your conclusion? 6 A: That is correct, and that's why I 7 have trouble: with "rely on. " 8 Q: Did it come to your attention at 9 any point that Mr. Tucker disagreed with the 1 0 information reflectedin yourmemorandum 1 1 dated February 4th, 1969? 12 A : No . 1 3 Q: Did you ever send him another memo 14 correcting the sentence to which you have 1 5 referred? 1 6 A: Nope. 1 7 Q: Is it a correct statement or is 1 8 the statement in the memorandum that, "Since 19 he had appreciated this point,we then let 2 0 the matter rest, not wanting to stir up 2 1 further agitation in other countries"? Isn't 2 2 that an accurate statement of your mental 2 3 state at thetime? 2 4 (Witness peruses said 2 5 document.) Gore Reporting Co., Inc. St. Louis, Mo. (314)241-6750 (800)878-6750 WATER PCB-SD0000025077 ____________ _______________ _______ ____ ________ . 1 THE WITNESS: Can I have that ________82 2 question back again? 3 THE COURT REPORTER: 4 "Q. Is it a correct statement or 5 is the Statement in the memorandum that, 6 'Since he had appreciated this point, we then 7 let the matter rest, not wanting to stir up 8 further agitation in other countries'? Isn't 9 that an accurate statement of your mental 1 0 state at the time?" 1 1 A: Accurate but incomplete. I was 12 referring, there, to our concerns that Sorjen 1 3 Jensen had been, his disclosures about his 1 4 analytical work had been extended into making 1 5 comments on, on toxicology issues which he 1 6 was not qualified to make, and there was a 1 7 question of did we need to, to reach out and 1 8 say to people, these, these claims, things 1 9 have been alleged in the media that we want 2 0 to set straight, and it was felt that it was 2 1 not appropriate for Monsanto to do that 2 2 whilst we were trying, from a good science 2 3 base, to find out exactly what it was that 2 4 was being said. 25 Q: Did you ever communicate with Gore Reporting Co., Inc. St. Louis, Mo. (314)241-6750 (800) 878-6750 WATER PCB-SD0000025078 1 2 3 4 5 6 7 8 9 10 11 12 13 14. 15 16 17 18 19 20 21 22 23 24 25 __________ _____________________;________________ ;___________ ____________ 8 3 Elmer Wheeler during the period, let's say, from 1968 through 1970? A: I don't recall specific communications. MR. TALL ON: Let me show you a memorandum which we'll mark as Exhibit 670. It's just a one-page memo, dated April 16th, 1969, bearing production number TRAN 058769. . (Plaintiff's Deposition Exhibit 670 marked for identification.) (Witness peruses said document.) THE WITNESS : Yes. BY MR. TALLON: Q: Do you recollect receiving this memorandum from Elmer Wheeler? A : No, I don't . Q: In 1969,, you were not in a -- you were not a Product Supervisor for Dielectric Fluids, but you were still in your Food and Fine chemicals position? A: Yes, I was, mm-hmm. Q: Do you recall the communication with Dr. Kelly which was referred to in the Gore Reporting Co., Inc. St. Louis, Mo. (314) 241-6750 (800) 878-6750 WATER PCB-SD0000025079 . ________ . ________________________ 84 1 last paragraph of Elmer Wheeler's memorandum 2 t o Mr. Soden? . 3 A: SEW-den (Phonetic) . 4 Q: SEW-den? 5 A: No, I don't. 6 Q: While you were in your Food and 7 Fine chemicals position did you have any 8 responsibility for dealing with Bayer? 9 A : No , I did not . 1 0 Wait a minute. Yes, I did. 1 1 Qs What was that responsibility? 12 A: One of the major products in our 1 3 product line in the Food and Fine area, as 1 4 aspirin. Bayer are a large manufacturer also 1 5 of aspirin. In terms of discussing what 1 6 other analgesics might ultimately around the 1 7 world replace aspirin, if at all, I did from 1 8 time to time have occasion in that job to 1 9 talk about other product areas, aspirin, with 2 0 Bayer.- 2 1 Q: Did you have any involvement, Mr. 2 2 Wood, in the phasing out of PCB sales by 2 3 Monsanto? 2 4 A: In the United States, at the time 2 5 that I had moved to the United States, I had .Gore Reporting Co., Inc St. Louis, Mo. (314) 241-6750 (800)878-6750 WATER PCB-SD0000025080 .__________________ ,_________ , ______________ 85 1 involvement in that part of my job when I was 2 involved with dielectric materials, I had 3 involvement in the phase-out, Monsanto's 4 phase-out on PCBs. 5 Q: What time period are you referring 6 to now ? 7 A: Post-1974. 8 Q: And what PCBs wereyou in - - what 9 invo 1 vement did you have with the phase-out 1 0 of what PCBs? 11 A: I was involved with the phasing 12 out of the dielectric products incorporating 1 3 PCBs. 14 Q: And when were - - when was that 15 phase-out accomplished? 1 6 A: In 1974 and 1978. 1 7 MR. TALLON: Let me show you a 1 8 one-page memo which has production number 1 9 BIR, looks like 007768, and we'll ask the 2 0 reporter to mark that as 671. 2 1 (Plaintiff's Deposition 2 2 Exhibit 671 m a r k e d f o r 2 3 identification.) 2 4 (Witness peruses document.) 2 5 A: Talking about a memo dated 1979? Gore Reporting Co., Inc. St. Louis, Mo. (314)241-6750 (800)878-6750 WATER PCB-SD0000025081 _________________' .___________________________________________________8_6 1 BY MR. TALLONs 2 Q: Yes, my question is, can you 3 identify this memorandum? 4 A: Let me first relate back one more 5 time to the curriculum vitae which I'm going 6 to leave out, here. 7 (Witness peruses documents.) 8 A: (Continuing) Yes. Yes, I have 9 now finished reading the memo. 1 0 BY MR. TALLON: 11 Q: Okay, I think the pending question 1 2 was, can you identify it. 1 3 A: This is a memo which relates to a 1 4 heat transfer incident in the 1979 time frame 1 5 when I was contacted for two reasons. 1 6 Firstly, I was at that stage the 1 7 product manager for heat transfer fluids, and 1 8 Therminol was the trademark under which 19 Monsanto sold heat transfer fluids. At that 2 0 time, we were selling heat transfer fluids 2 1 which did not incorporate PCBs, but I was a 2 2 natural person to speak to or to find out 2 3 from the record where there might be 2 4 information about what had happened in the 2 5 past with heat transfer fluids, and because I Gore Reporting Co., Inc. St. Louis, Mo. (314)241-6750 (800) 878-6750 WATER PCB-SD0000025082 _______________________________ . ___________ .___________________________________ 8 7 1 had been the person involved with phasing out 2 the dielectric fluids containing PCBs, I was 3 one of the people on the spot in 19 7 9 who 4 people would refer to and ask questions about 5 PCBs . 6 Q: Does this memorandum purport to 7 propose answers to questions, or to be a 8 transcript, in essence, of a conversation 9 that you had with a reporter from the "Rocky 1 0 Mountain Journal"? 1 i As I don't recall. 12 Q: And who is R. C. Isham? 1 3 A: Isham was involved in our public 14 relations organization, and as such, a press, 1 5 a media query would have come into his 1 6 office. 1 7 Q: Do you know where you acquired the 1 8 information that appears in the "A" or answer 1 9 portions of these Q and A memo? 2 0 As I'm sorry? 2 1 Qs The memo is in Q and A - 2 2 As Yeah. 2 3 Q s - - f o r ma t. 2 4 Question: "When did Monsanto 2 5 phase out PCBs? Gore Reporting Co., Inc. St. Louis, Mo. (314) 241-6750 (800) 878-6750 WATER PCB-SD0000025083 ______________________________ ;______________ __ _________________________ 88 1 Answer: "Started in '69-'70,"and 2 so on. I'm wondering if you recall where you 3 acquired the information which is furnished 4 in the "A's. " 5 A: Oh. This would have been 6 information which I had developed as I was 7 involved in the period 1974 through '78-' 79 8 in the dielectric area in the United States, 9 in terms of looking at the -- at what 10 Monsanto's program had been for withdrawal 1 1 from the various fluids with which I was 12 involved. 13 Q: When you say information you had 14 developed, you mean that which you had 15 discovered on your own, or that which you 1 6 learned from others, or both? 17 A : Both . 1 8 MR. TALLON: Let me show you a 19 document that we'll mark as Exhibit 672, 2 0 which bears production numbers BIR 001285 2 1 through 1306 and is titled "National 2 2 Conference On Polychlorinated Biphenyls, 23 David Wood, Chlorinated Biphenyl 2 4 Dielectrics - Their Utility and Potential 2 5 Substitutes." Gore Reporting Co., Inc. St. Louis, Mo. (314) 241-6750 (800) 878-6750 WATER PCB-SD0000025084 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 .18 19 20 21 22 23 24 25 _, __________ ________ ._____________ 89 (Plaintiff's Deposition Exhibit 672 marked for identification.) BY MR. TALLON: Qs Can you take a moment to review that, please, Mr, Wood? (Witness peruses said document.) A: I can take half an hour to refresh my memory on this. Q: I'm not going to ask you particular questions about all of the technical information.which is included here, but I do want you to at least know what the document is. A: I know what the document is. Q: Okay. A: Okay. Q: Can you identify it, then? As This is a presentation that I prepared for presentation at. a conference at the Pick Congress Hotel in Chicago on November 19th through 21st of 19 75 where I was asked to speak for Monsanto on the issue of chlorinated biphenyl dielectrics, their Gore Reporting Co., Inc. St. Louis, Mo. (314)241-6750 (800)878-6750 WATER PCB-SD0000025085 _________________________________________;___________ 90 1 utility, and where the search was going for 2 potential substitutes. 3 Q: Did you have assistance in 4 preparing this paper? 5 As Yes, I did. 6 Q: And who assisted you? 7 A: I was assisted by, certainly, Dr. ' 8 Munch, would have been my main technological 9 support in terms of making sure that what I, 1 0 as a Marketing Manager, was saying was 1 1 totally correct in terms of the applicational 12 technology. To the extent that I was 1 3 using -- I don't recall if this -- to the 1 4 extent that I was using any product safety 1 5 data, then it would have been reviewed with 1 6 my product safety colleagues. 1 7 Q: And how do you define a closed 1 8 system? 1 9 A: I define a closed system, I 2 0 defined a closed system then, as I do today, 2 1 as one that in its manufacture, you 2 2 essentially contain a fluid in a sealed 2 3 container, and that that fluid will then only 2 4 potentially see the light of day again in 2 5 failure, in maintenance, or in disposal. Gore Reporting Co., Inc. St. Louis, Mo. (314) 241-6750 (800) 878-6750 WATER PCB-SD0000025086 ________;___________________________________________________ ________ ________9JL . 1 Q: When you -- when did you move to 2 the United States? 3 As 1974. 4 Q s An d that was for the purpose of 5 taking on what position? 6 A: I took on the position as 7 international sales manager for the 8 Functional Fluids business. 9 Q: And at that point, the functional 1 0 fluids containing PCBs still being sold by 1 1 Monsanto were the dielectric fluids? 1 2 A: Yes. We were still sel1ing 1 3 dielectric fluids at that point in time 14 containing chlorinated biphenyls. 15 Q: Was there a project underway to 1 6 find a replacement product for the 1 7 polychlorinated biphenyls in dielectric 1 8 fluids ? 1 9 A: There was a program going on to 2 0 ultimately identify whether there was a 2 1 product which did not contain chlorinated 2 2 biphenyls which could offer equivalent 2 3 benefits to the electrical -- to the 2 4 electrical generation and distribution 2 5 industry. Gore Reporting Co., Inc. St. Louis, Mo. (314) 241-6750 (800) 878-6750 WATER PCB-SD0000025087 ________ ___________________ ___________ . ___________ 9_2 1 Q: To your knowledge, did Monsanto 2 manufacture or produce PCB-based products 3 outside the United States at any time? 4 As Yes, we produced them in Europe. 5 Q: In Ruabon ? 6 A: Ye s , we did. 7 Q: Elsewhere? 8 A: I can't recall if we produced them 9 in Japan or not. I think not. I don't 1 0 recall. I know we produced them in Europe. 11 Q: Do you recall when sales of 12 PCB-based products were terminated in Europe? 1 3 A: We terminated the sales of 14 chlorinated biphenyls in Europe 1 5 simultaneously with our discontinuing sales 1 6 in the United States. 1 7 Q: The.sales of all products were 1 8 terminated simultaneously? Does that mean 1 9 that dielectric fluids were - 2 0 A: We, when I was responsible for the 21 phase-out of dielectric fluids containing 2 2 chlorinated biphenyls, we discontinued the 2 3 sales of chlorinated biphenyls as dielectrics 2 4 world-wide at the same time. 2 5 Q: And eventually, the sales of PCBs Gore Reporting Co., Inc. St. Louis, Mo. (314)241-6750 (800)878-6750 WATER PCB-SD0000025088 ____________ ;___________ ;_____________ ______________ _________ _________ 93 1 in dielectric fluids were terminated? 2 Eventually, dielectric fluids containing PCBs 3 wereno longer sold by Monsanto? 4 A: This is t rue. 5 -Q: Do you know when that cessation 6 occurred? 7 A: 19 seventy -- '78 or '79. It was 8 either late '78 or -- I think, or finally '79 9 that we discontinued all sales, 1 0 simultaneously, around the world, of 11 c h1o rin a ted biphenyls, but the question you 12 asked was did sales of chlorinated biphenyls 1 3 as dielectrics cease around the world at the 1 4 sametime. 1 5 Q : Mm -hmm. 1 6 A: Other producers of chlorinated 1 7 biphenyls did not cease supply of chlorinated 1 8 biphenyls at the same time that Monsanto 19 choose to do so. 2 0 Q: I understand. 2 1 A: That's what I'm trying to make 2 2 sure. 2 3 Q: I was referring to Monsanto, but 2 4 thank you for clarifying that. Do you know 2 5 whether, before the termination of sales of Gore Reporting Co., Inc. St. Louis, Mo. (314)241-6750 (800) 878-6750 WATER PCB-SD0000025089 94 1 fluids by Monsanto in Europe, 2 other PCB-based products were being sold by 3 Monsanto? 4 As At various points in history, 5 Monsanto had sold PCB-containing fluids in 6 Europe as plasticizers, in thermostat 7 devices, as hydraulic fluids, in steam 8 generation, electrical steam generation 9 units, as heat transfer fluids, as 1 0 dielectrics, as dielectrics, as components of 11 carbonless copy, carbonless copy paper. 12 Q : 13 any of the product applications sold by 1 4 Monsanto in Europe after 1972, to your 1 5 knowledge ? 1 6 A: I don't know. I was outside of 1 7 chlorinated biphenyls and in a new and 1 8 different job, and I don't recall the exact 19 scenario and timetable of the, of the 2 0 discontinuity of PCBs in Europe. 2 1 Qs So from that, I would take it that 2 2 you don't know whether it was the same or 2 3 different than in the United States? 2 4 A: Idon'tknow. 2 5 MR. TALLON: Thank you. Gore Reporting Co., Inc. St. Louis, Mo. (314) 241-6750 (800) 878-6750 WATER PCB-SD0000025090 95 Gore Reporting Co., Inc. St. Louis, Mo. (314) 241-6750 (800) 878-6750 WATER PCB-SD0000025091 96 1 COMES NOW THE WITNESS, DAVID WOOD, 2 and having read the foregoing transcript of 3 the deposition taken on the 3rd day of 4 September, 1992, acknowledges by signature 5 hereto that it is a true and accurate 6 transcript of the testimony given on the date 7 hereinabove mentioned. 8 9 10 11 12 13 1 4 Subscribed and sworn to before me 1 5 this _$$_______day of 16 1 7 My Commission expires: , 1992. fUZMfCM. WCMP8CM mm public stats of rassoum 3T. CHARLES COWT7 W CGtfllSSO KP MAS.ig.tWJS 18 19 20 21 22 23 24 Gore Reporting Co., Inc. St. Louis, Mo. (314) 241-6750 (800) 878-6750 WATER PCB-SD0000025092 __________ ________ ;_____________________________ __ ______________ -________________ 9 7 1 STATE OF MISSOURI ) 2 SS : ) 3 CITY OF ST . LOUIS ) 4 I J. Bryan Jordan, notary public 5 in and for the State of Missouri, duly 6 commissioned, qualified and authorized to 7 administer oaths and to certify depositions, 8 do hereby certify that pursuant to agreement 9 in the civil cause now pending and 1 0 undetermined in the Superior Court of the 1 1 State of California, in and for the County of 12 Los Angeles, to be used in the trial of said 1 3 cause in said court, I was attended at the 14 offices of Bryan, Cave, McPheet'ers & 1 5 McRober.ts, in the City of St. Louis, State of 1 6 Missouri, by the aforesaid witness and by the 1 7 aforesaid attorneys, on the 3rd day of 18 September, 1992. 1 9 The said witness, being of sound 2 0 mind and being by me first carefully examined 2 1 and duly cautioned and sworn to testify the 2 2 truth, the whole truth, and nothing but the 2 3 truth in the case aforesaid, thereupon 2 4 testified as is shown in the foregoing 2 5 transcript, said testimony being by me Gore Reporting Co., Inc. St. Louis, Mo. (314) 241-6750 (800) 878-6750 WATER PCB-SD0000025093 ____________________________________________________________ ;_____________ ___________ 9 8 1 reported in shorthand and caused to be 2 transcribed into typewriting, and that the 3 foregoing pages correctly set forth the 4 testimony of the aforementioned witness, 5 together with the questions propounded by 6 counsel and remarks and objections thereto, 7 and is in all respects a full, true, correct 8 and complete transcript of the questions 9 propounded to and the answers given by said 1 0 witness; that signature of the deponent was 1 1 not waived by agreement of counsel. 12 I further certify that I am not of 1 3 counsel or attorney for either of the parties 1 4 to said suit, not related to nor interested 1 5 in any of the parties or their attorneys. 1 6 Witness my hand and notarial seal 1 7 at St. Louis, Missouri, this_______day of 1 8 ____________________, 19 9 2 . 1 9 My commission expires July 20, 2 0 19 9 4. 21 22 2 3 J. Bryan Jordan 2 4 Notary Public in and for the 2 5 State of Missouri Gore Reporting Co., Inc. St. Louis, Mo. (314)241-6750 (800)878-6750 WATER PCB-SD0000025094 DEPOSITION CORRECTION SHEET In Re: Upon reading the deposition and before subscribing thereto, the deponent indicated the following changes should be made: Page 5~'7 Line jif Should read: Reason assigned for change: Page Line Should read: Reason assigned for change: Page Line Should read: Reason assigned for change: Page Line Should read: Reason assigned for change: Page Line Should read: Reason assigned for change: Page Line Should read: Reason assigned for change: Page Line Should read: Reason assigned for change: Page Line Should read: Reason assigned for change: Page Line Should read: Reason assigned for change: Deponent WATER PCB-SD0000025095