Document p2vBBv0xb6ZdDevn87M7x9n66

In The Matter Of: Nevada Power Company v. Monsanto Company, et al. Gumming M. Paton March 18, 1993 Concannon & Jaeger General Court Reporters 705 Olive Street Suite 604 St. Louis, MO 63101 (314) 421-1000 Original Filepaton.dep, 136Pages Word Index included with this Min-U-Script WATER PCB-00053200 Nevada Power Company v. Monsanto Company, et al. Gumming M. Paton March 18, 1993 Page 2 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEVADA NEVADA POWER COMPANY, ) Plaintiff, ) -vs- ) # CV-89-555-LDG (URL) MONSANTO COMPANY, GENERAL) ELECTRIC CORPORATION, et al., ) Defendants.) INDEX WITNESS: Page: CUMMING M. PATON Direct Examination by Mr. Bradley 4 Cross-Examination by Mr. Featherstone 133 EXHIBITS Deposition Exhibit Number 1373 _____30 Deposition Exhibit Number 1575 _____81 Deposition Exhibit Number 1578 .... 85 Deposition Exhibit Number 336 .......... 96 Deposition Exhibit Number 1535 .... 104 Deposition Exhibit Numbers 1534 & 1570 106 Deposition Exhibit Number 420 .......... 112 Deposition Exhibit Number 422 .......... 113 Deposition Exhibit Number 1217 ____ 124 Deposition Exhibit Number 1552 .... 133 Page 3 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEVADA NEVADA POWER COMPANY, ) Plaintiff, ) -vs- ) # CV-89-555-LDG (URL) MONSANTO COMPANY, GENERAL) ELECTRIC CORPORATION, etal., ) Defendants.) DISCOVERY DEPOSITION OF WITNESS, to be used In an action pending In the District Court of the United States, for the District of Nevada, wherein NEVADA POWER COM PANY is Plaintiff, and MONSANTO COMPANY, et a), are Defendants, pursuant to Notice, under the provisions of Rule 26 of the Rules of Civil Procedure, taken on March 18, 1993, at the law offices of Messrs. Husch & Eppenberger, 100 North Broadway, St. Louis, Missouri, before John T. Concannon, a Notary Pubiic within and for the State of Missouri. APPEARANCES The Piaintiff was represented by Mr. Ralph A. Bradley, of the iaw firm of Bradiey & Merreii, c/o Jones, Jones, Close & Brown, 300 South Fourth Street, Ste. 700, Las Vegas, Nevada, 89101. The Defendant, Monsanto Company, was represented by Mr. Bruce A. Featherstone, of the iaw firm of Kirkland & Eiils, 1999 Broadway, Ste. 4000, Denver Colorado, 80202. The Defendant, Westinghouse Corporation, was represented by Ms. Laurie Basch, of the iaw firm of Weii, Gotshai & Manges, 767 Fifth Avenue, New York, New York, 10153. ID CUMMING M. PATON, Page 4 [2] of lawful age, being first duly sworn to tell the truth, [3] the whole truth, and nothing but the truth, deposes and [4] says on behalf ofthe Plaintiff,as follows: [5] DIRECT EXAMINATION [6] QUESTIONS BY MR. BRADLEY: [7j Q: Mr. Paton, my name is Ralph Brad iey and you [8] and I were introduced to one another just a minute or so (9] ago; is that correct? [io] A: Yes. [ill Q: You understand that I represent Nevada Power [i2] Company in a lawsuit they brought against Monsanto, General [13] Electric and Westinghouse? [14] A: So I understand. H5] Q: Have you had your deposition taken before? [i6] A: Yes. [17] Q: If, during the course of this deposition, I [is] ask a question that's not clear to you, will you tell me? [19] A: Yes. [20] Q: And if you give an answer to one of my [2i] questions, I'm going to assume you understood the question. [22] Fair enough? [23] A: Well, I think some clarification of that. I [24] think it depends how you word the question but if I've got [25] any doubt, I will ask. . _____ [i] Q: All right. And if, during the course of your [2] deposition, you ever want to take a break,you let us know [3] and we'll accommodate you. [4] A: Thank you. [5] Q: You're welcome. What is your present [6] residential address? [7] A: 13300 Fairfield Circle Drive, Chesterfield, [8] Missouri, 63017. [9] Q: Are you presently employed? [ioi A: I'm self-employed. [ill Q: What kind of work do you do? [12] A: International business consult ing. [13] Q: Do you own the business? U4] A: Yes. [15] Q: What's the name of it? [16] A: Paton Associates,Limited. U7] Q: Does it have an office in St. Louis? [18] A: Yes. U9] Q: How long have you been selfemployed with [20] international busi ness consulting? [21] A: Eighteen months. [22] Q: I want to ask you some questions now about [23] your educational back ground. Did you attend college? [24] A: Yes. [25] Q: Where? Page 6 [1] A: University of Aberdeen, in Scot land. [2] Q: Did you receive a degree from the University [3] ofAberdeen? [4] A: Yes. [5] Q: What degree did you receive? [6] A: I received two. I received a B.S.C. in [7] Chemistry. [8] Q: And what other degree? [9] A: Ph.D. [10] Q: In what? [11] A: Polmer Chemistry. [12] Q: Would you spell? [13] A: P-o-l-m-e-r. [14] Q: What is polmer chemistry? U5] A: It's chemistry into polymers, which are the [i6] type of chemicals that make up plastics. U7] Q: When did you receive your Ph.D.? [is] A: 1959. [19] Q: When did you receive your Bachelors? [20] A: I received both degrees at the University of [211 Aberdeen. [22] Q: When did you receive your bachelors? [23] A: Sorry. 1955. [24] Q: Have you taken any post-graduate courses [25] following completion of your Ph.D.? Page 7 [i] A: I started an MBA degree at Case Western [2] Reserve, oh, probably back '65, 1965, but I did not [3] complete it because I moved to St. Louis and didn't pursue [4] it anymore. [5] Q: Have you taken any post-graduate courses in [6] chemistry following receipt of your Ph.D.? m A: No. [8] Q: What work did you do following completion of [9] your doctoral pro gram? [io] A: I joined Monsanto Chemicals, Limited in South [ii] Wales. [12] Q: Was that in 1959? [13] A: Yes. [14] Q: Was Monsanto Chemicals in South Wales owned by [15] Monsanto Company here, in St. Louis? [16] A: Yes. U7] Q: What was yourjob title when you began working [is] with Monsanto Chemicals in South Wales? [19] A: I was known as a Research Chemist, I think. [20] Q: How long was your title Research Chemist? [21] A: Oh, I forget now. I was with them [22] three-and-a-half years, and I was in the research and then [23] I moved into a more, what we call application re search, [24] dealing with polymer products that Monsanto produced. [25] Q: During the three-and-a-half years that you Page 8 ID were with the Monsanto Chemicals in South Wales, was your [2] job title ever anything, other than Research Chemist? [3] A: It might have been. I can't remem ber. [4] Q: All right. And what kind of work did you do [5] as a research chemist? [6] A: I would have been involved in the processing, m the manufacture of products; looking at them from a pilot [8] Concannon & Jaeger (314) 421-1000 Min-U-Scrfpt Page 2 - Page 8 WATER PCB-00053201 Gumming M. Paton March 18,1993 Nevada Power Company v. Monsanto Company, et aL plant scale as to whether or not they could be translated [9] into manufactur ing. [io] Q: While you were at Monsanto Chemicals in South [in Wales, were you working with any chlorinated aromatic [12] hydrocarbons? [13] A: Not that I can recall. [14] Q: Do you know what a chlorinated aromatic [is] hydrocarbon is? [16] A: Yes. [17] Q: What did you do following the three-and-a-half [is] years you were at South Wales? [19] A: I then joined the Geigy Company. [20] Q: G-e-i-g-y? pi] A: That's right. Uh-huh. [22] Q: And where were they located? Where were you [23] working when you worked for the Geigy Company? [24] A: Manchester, England. [25] Q: Did that begin in 1962,1963? Page 9 [1] A: 1962. [2] Q: What work did you do for them? [3] A: I was head of one of their laboratories. [4] Q: How long were you with them? [5] A: Probably around two years, I think. [6] Q: What work did you do as head of one of their [7] laboratories? [8] A: This was a laboratory where we handled [9] customer service issues, tried to developed products to [10] suit customers' needs and I supervised the work of that [in laboratory. [12] Q: While you were at Geigy Com pany, did you work [13] with any products that contained chlorinated aromatic [14] hydrocarbons? [15] A: I don't think so. [16] Q: Where did you work next? [17] A: Then I moved to the United States. [is] Q: Where? [19] A: Banesville, Ohio. [20] Q: What did you do in Banesville, Ohio? [21] A: I worked for Diamond -1 think at the time, it [22] was Diamond Alkali Com pany, and I was responsible for [23] cus tomer technical service on the new products that they [24] were developing. [25] Q: I got die first name as Diamond. I didn't get Page 10 [1] the second name. [2] A: Alkali, A-l-k-a-l-i. 131 Q: What was the new product they were developing? [4] A: Oh, it was Polysulfide, I believe is what you [5] call it chemically. P-o-l-y-s-u1-f-i-d-e. [6] Q: Was Polysulfide a chlorinated aromatic [7] hydrocarbon? [8] A: No. [9] Q: How long did you work for Diamond Alkali? [10] A: Two years. [i 1] Q: What was your job tide there? [12] A: I think it was something like Senior [13] Development Chemist, or something like that. Again, time [14] pas ses. I've forgotten. [15] Q: Did your work with Diamond Alkali begin in [16] 1964? [17] A: Yes. [is] Q: And you left there in 1966? [19] A: That's right. [20] Q: Where did you go? [21] A: I came to Monsanto Company in St. Louis. [22] Q: Why did you go to Monsanto Company in St. [23] Louis? [24] A: Because I found that, although I enjoyed [25] living in the States very much and decided this is where I . Page 11 [i] wanted to stay, the job at Diamond Alkali was not very [2] satisfying. They had commercialized the product too early, [3] so it had many problems, a lot of issues. So I decided I [4] hadn't made a good move, although I felt I made the right [5] move in terms of my personal life, so I started to look [6] around and Monsanto was advertising a position in the [7] commercial area, which I wanted to get into, and so I [8] applied and got the job. [9] Q: What was your job title when you began working [io] for Monsanto Com pany? [ill A: When I came to Monsanto, I was called a [12] Product Specialist. [13] Q: What work did you do as a Product Specialist? [14] A: I would have assisted the sales force, giving [15] them some commercial direction, making customer visits with [16] them and in particular, trying to give product knowledge. [17] Help the sales men present to the customer what the benefits [is] of our particular product was and how it should be properly [19] used and all that sort of thing. [20] Q: How long were you a product specialist? [21] A: I think for just over a year. [22] Q: Were you working with chlorinated aromatic [23] hydrocarbons as a product specialist? __________ [24] A: No. The group I was in was called [25] Plasticizers, and they had a group of products that went by Page 12 [l] that name. I don't think, when I first started, that that [2] was the area that I was directly involved in, although I [3] began to learn a bit about them. [4] Q: What was your next job title? [5] A: I was then promoted to be a Market Manager for [6] Specialty Plas ticizers in the same group. [7] Q: What are plasticizers? [8] A: They are products that are often used to [9] modify plastics, to make them more flexible, maybe to give [10] them other benefits such as resistance to at tack or fire [in resistance or - you know, there's a variety of different [12] ways in which they can modify the properties of plastics. [13] Q: When you became market manager for [14] plasticizers, how many employees did you have? [15] A: I had one -- As best I remember, I had one [16] person, I think, directly reporting to me. [17] Q: And do you recall the name of that person? [is] A: Ken Wells, W-e-l-l-s. [19] Q: When you were market -- I'm sorry. How long poj were you Market Manager for Plasticizers? [21] A: About two years. [22] Q: Did you become market manager in 1967? [23] A: It would have been the beginning of 1968. [24] Q: And then in 1970, your job title changed? [25] A: Yes.Yes. Page 13 [1] Q: What was your job title in 1970? [2] A: It was Area Marketing Manager for the Organic [3] Division of Monsanto, and the area was Latin America. [4] Q: While you were Marketing Manager for [5] Plasticizers, were you working with any products that [6] con tained chlorinated aromatic hydrocar bons? [7] A: Yes. [8] Q: Which products? [9] A: They would have been known by the tradename [io] Aroclor. They would have included Aroclor 1242, 1254, 45, Hi] 60. It could have been any of them, but these were the [12] main ones, I believe. [13] Q: Do you know what the "12" ref erenced in the [14] Aroclor 1242? [15] A: Yes. That generally meant biphenyl._____________________________ Page 9 - Page 13 Min-U-Script Concannon & Jaeger (314) 421-1000 WATER PCB-00053202 Nevada Power Company v. Monsanto Company, et al. Gumming M. Patou March 18,1993 [16] Q: All right. And were the last two digits the [17] percent of chlorine in the product? [is] A: Yes. [19] Q: What work did you do with the Aroclors as [20] marketing manager for plasticizers? [21] A: Well, the role of Marketing Manager was to be, [22] if you like, the mini-business manager commercially for the [23] products. He would develop the commercial strategies, pass [24] these on to the sales force, have the normal interchange to [25] make sure they were developed correcdy. He would give Page 14 [i] guidance to the sales force; he'd be the focal point for [2] the sales force, or the customer queries, and just [3] coor dinate along with the other functions of the company - [4] manufacturing, R&D; watched to be sure that everything [5] moved smoothly and in a coordinated fashion towards the [6] budgets and forecasts we developed. m MR. FEATHERSTONE: Are we talk ing Marketing [8] Manager or Product Manager? [9] MR. BRADLEY: Marketing Manager for [io] Plasticizers before he became -- [in MR. FEATHERSTONE: I have it down here - maybe (12] I got it wrong. I have down here Product Manager and 1970, [13] became Marketing Manager. [14] A: Sorry. It was Market Manager. 1968/1970 [15] would have been Market Manager. [16] MR. FEATHERSTONE: All right. [17] Q: (By Mr. Bradley) What products were you [is] involved with as market manager for plasticizers that [19] con tained Aroclor? [20] A: Well, we would have sold the Aroclor products, [21] as such. There might have been some plasticizer blends [22] using them, but I - Now, I just cannot remember ifthat [23] was the case or not. [24] Q: As market manager for plas ticizers, were you [25] involved in the sale of Aroclors to the manufacturers of Page 15 [1] electric transformers and capacitors? [2] A: Not as a market manager, no. 13] Q: When you were market manager for plasticizers, [4] to whom did you report? [5] A: I reported to a product manager, whose name [6] was Walt Waychoff. [7] Q: During die time you were market manager for [8] plasticizers, did you have any conversations with Dr. Emmet [9] Kelly? [ioj A: Yes. [11] Q: And what was the nature of those [12] conversations? [13] A: They would have covered many things, because [14] he was responsible for, I guess, the industrial hygiene, [15] safety handling of products, and so it would have been ti6] normal that, over the course of time, you would converse [17] with him if you wanted to learn something, and so that [is] would have happened in the case of Aroclor. [19] Q: Prior to becoming market manager for [20] plasticizers, were you given any training in the toxic [21] makeup ofAroclors? [22] MR. FEATHERSTONE: Object to the form. [23] Q: (By Mr. Bradley) Okay. Actually, I'm going [24] to re-ask it. Prior to you becoming market manager for [25] plas ticizers, were you given any training in the chemical Page 16 [1] makeup of Aroclors? [2] A: There wouldn't have been formal training but I [3) picked that up as I went along in my job, and there would [4] have been some sort ofa briefing when I took over the [5] position as to what the product line was. I would have, [6] you know, met with the different experts in the company m that handled different phases and through that, I would [8j have picked up what I needed to know to start doing the [9] job, and then I added to that as I got more experience, [ioj went on. HU Q: And did you have a briefing when you became [12] market manager regard ing Aroclor? [13] A: I can't specifically recall one now, but I [14] would have had to have sat down with someone, probably my [15] predecessor, and found out what was happening. There would [16] have been files and literature and so on, and I would have [i7] absorbed that and learned that, which is standard for [is] whatever position I moved through. [19] Q: And what would the files and literature that [20] you would have reviewed have covered? [21] A: It would have covered many, many things. It [22] would have been customer call reports, probably bul letins, [23] pricing, applications. You know, a whole slew of things. [24] Q: When you became market manager for [25] plasticizers, were you given any documents that discussed Page 17 [1] the toxicity of Aroclors? [2] A: As I recall, in some of ourbulletins, there [3] was reference to precautions to be taken in using them. [4] That's normal with most products. They have to be used [5] properly and caution has to be taken around any chemical. [6] Q: When you became market manager for m plasticizers, did anybody tell you that Aroclor was [8] polychlorinated biphenyl? [9] A: Well, a certain type of Aroclor is a [ioj polychlorinated biphenyl, yes. [ii] Q: Are there Aroclors that are not [12] polychlorinated biphenyls? [13] A: Yes. [14] Q: And are those polychlorinated diphenyls? [15] A: Yes. [16] Q: Is 1242 a polychlorinated biphenyl? [17] A: 1242 is a polychlorinated biphenyl. [is] Q: And is 1254 a biphenyl or triphenyl? [19] A: 1254 is a biphenyl. [20] Q: What is 1260? [21] A: Also a biphenyl. [22] Q: Why don't you tell me what the polychlorinated [23] diphenyls are? [24] A: One that I can recall is 5460. [25] Q: When you became market manager for Page 18 [1] plasticizers, had you heard of PCBs? [2] A: No. I might have heard about them, as I said, [3] when I joined Monsan to in the plasticizer group. It would [4] have been difficult not to have heard the term, but when I [5] became aware of them and how they were used, that would [6] have been certainly when I became marketing manager. [7] Q: All right. And do you recall what type of [8] bulletins you would have read as marketing manager which [9] described or referenced the precau tions to be taken when [ 10] working with PCBs? Hi] A: There would have been bulletins on the use of [12] Aroclor as plasticizers. I might even have seen bulletins [13] on the use of Aroclors in other areas, non plasticizer [14] areas. [15] Q: And were these bulletins that were prepared by [16] Monsanto? [17] A: Yes, they would have been prepared by [is] Monsanto. [19] Q: And were they bulletins intended for Monsanto [20] employees? [21] THE WITNESS: You mean for inter nal use only? [22] MR. BRADLEY: No, I don't. Regard less of the [23] intended use, were they written to be reviewed just by [24] Mon santo employees? [25] THE WITNESS: I'm not sure I quite understand. Concannon & Jaeger (314) 421-1000 Miji-XJ-S aript Page 14 - Page 18 WATER PCB-00053203 Cumming M. Patou March 18,1993 Nevada Power Company v. Monsanto Company, et al. Page 19 m Written just to be reviewed by Mon santo employees? [2j Q: Let me ask it a different way. Do you know [3] whether the bulletins were intended to be given to Monsanto [4j customers buying products that con tained PCBs? [5] A: Yes. [6] Q: And were, in fact, the bulletins given to [7] Monsanto customers that were purchasing Monsanto products [8] containing PCBs? [9] A: Yes.Ifthey requested it, some.Per haps [io] some didn't have it, but they were certainly readily [ii] available.They were an information tool and most [i2] customers would probably have one. U31Q: How would a customer know to ask for it? [14] A: I think just, you know, normal matter of us] business practice. U6] Q: All right. Do you recall what the title of [i7] those bulletins were? [ is] A: Not exactly anymore. [19] Q: Were they yearly bulletins? [20] A: No. They would be revised if new information pi] came along but they weren't automatically revised every [22] year. [23] Q: Were they called a bulletin? [24] A: I think that was the general ter minology. [25] Now, I'm sure, you know, like everything else, if I went to Page 20 [i] tell, some would probably have a different title but the [2] name we used among ourselves, our customers, our sales [3] force would have been "bul letin." [4] Q: If you had one of those bulletins here with [5] you today, would the cover sheet of it say "Bulletin?" [6] A: lean think ofone that could.There might be [7] others that didn't. [8] Q: Did the bulletins that you reviewed when you [9] were a market manager for plasticizers indicate that PCBs [io] enter the body through the skin? [ii] A: I recall that one of the precau tions had to do [12] with being sure that you, if you got into contact with the [13] skin, you ought to take precautions to, you know, wipe it [i4] off, and I can't remember now what other things to do, but [15] you should take precautions if it got on your skin. [i6] Q: My question was, though, do you recall whether [17] the bulletins in formed the intended readers of the bul letin [is] that PCBs enter the body through the skin? [19] A: Well, I don't know about entering the body, po] You're sort of somewhat putting words in my mouth. pi] MR. BRADLEY: I don't mean to do that. [22] THE WITNESS: Okay. [23] Q: (By Mr. Bradley) What I want to know is [24] whether any of the bulletins that you reviewed as market [25] manager informed readers that PCBs enter the body through Page 21 [1] the skin? [2] A: I have not been involved in PCBs for about [3] sixteen or seventeen years, so for me to remember what's in [4] a bulletin today is extremely difficult but certainly, [5] there would have been ways in which people would have been, [61 indicated what prescriptions they should take, or where [7] they should go to get advice and things like that. As I [8] recall, the labels on our drums, for ex ample, would have [9] indicated any precautions and, you know, go and seek [10] assistance. [11] Q: All right. Are you represented by a lawyer [12] here, today? [i3i A: Yes. [14] Q: Mr. Featherstone is your lawyer? [15] A: Yes. [16] Q: And did you review any docu ments in [i7] preparation for today's deposition? [is] A: I met this morning and was told a little bit [19] about the background ofthe particular case. [20] Q: My question was, did you review any documents? pi] A: I saw some documents, yes. [22] Q: Which documents did you review this morning? [23] A: I think they were documents, I believe, that [24] had been furnished to you. [25] Q: What were they? Page 22 [i] A: There was a pile of them. I cannot remember [2] them all. [3] Q: I just want you to remember as many as you [4] can. [5] A: I find -- I mean, I glanced at them. [6] Q: You can't recall the name of even one document [7] you reviewed this morning? [8] A: I remember one that had to do with a [9] presentation I gave to a task force somewhere. [io] Q: Do you remember any other documents you [ii] reviewed this morn ing? [12] A: I remember the nature of them. U3] Q: And what was the nature? [14] A: There were some letters that went to [15] customers. [16] Q: Letters written by you? [17] A: Maybe one or two cases, and let ters written by [is] others. [19] Q: Did you review any letters writ ten by Monsanto [20] employees that went to an electrical utility company? [21] A: I can't recall now if I did or didn't. [22] Q: Did you review any letters writ ten by Monsanto [23] employees regard ing PCBs that were given to General [24] Electric? [25] A: Yes. I think so. Page 23 [i] Q: Did you review any letters that were written [2] by Monsanto employees regarding PCBs that were given to [3] Westinghouse? [4] A: Yes. [5] Q: Did the letters that went to GE and [6] Westinghouse referto PCBs that were to be used with [7] electrical trans formers or capacitors? [8] A: I think there were letters that may have [9] referred to both in different letters. [io] Q: When you became marketing manager for [in plasticizers, were you told that in 1937, GE, General [12] Electric, had in the neighborhood of fifty to sixty men [13] afflicted with various degrees of acne as a result of their [14] exposure to a combination of chlorinated biphenyl and [15] chlorinated Naphthalene. Were you told that? [16] A: I cannot remember. [17] Q: Were you told that in 1936, GE reported that [iaj eight or ten employees exposed to a combination of [19] chlorinated biphenyl and chlorinated Naphthalene were very [20] severely af flicted? Horrible specimens, as far as their [21] skin conditions were con cerned? [22] A: I cannot remember. [23] Q: When you took that position, were you informed [24] that GE reported in 1937 that one man died, one of their [25] workers died, and the diagnosis may have attributed his Page 24 [l] death to exposure to a combination of chlorinated [2] Naphthalene and chlorinated biphenyl? [3] A: I cannot recall that, anything about that. [4] Q: Is chlorinated biphenyl the same as PCBs? [5] A: PCB means polychlorinated biphenyl. [6] Q: Is chlorinated diphenyl the same as [7] chlorinated biphenyl? Page 19 - Page 24 Min-U-Scrip4 Concannon & Jaeger (314) 421-1000 1 WATER PCB-00053204 Nevada Power Company v. Monsanto Company, et al. Gumming M. Paton March 18, 1993 [8] A: Yes, I think it is. [91 Q: When you took this job as market ing manager [ioi for plasticizers, were you told that back in 1937, Dr. mi Lewis Schwartz informed Emmet Kelly, as medical director of [121 Monsanto, and General Electric, through its medical [13] director, and one other employee, that if there are any [i4] cases of acne or of dermatitis occurring in a plant where [i5] Halowax or the chlorinated Naph thalene or chlorinated [16] diphenyls are used, then that shows that there is [i7i sufficient concentration of these sub stances in the air to [isj cause plugging of tlie follicles and to cause a skin [191 condition, and if there is a sufficient concentration to do [20] that, there may be sufficient concentrations to cause [211 systemic poisoning in the few people who are hypersensitive [221 to the action of these hydrocarbons? [231 MR. FEATHERSTONE: Object to the form of the [24] question. You can answer. [25) A: I cannot ever recall having gone through that, Page 25 HI but at the same time, you've men tioned two products that I [21 don't think - certainly weren't in file product line that I [31 had anything to do with. [4] Q: (By Mr. Bradley) When you be came marketing [5] manager for plas ticizers, did anybody indicate to you that [6] a product named Halowax had been manufactured in the '30s m and '4Os? [8] A: I can't remember if they did or didn't. [9] Q: As you sit here today, do you have information [101 about a product called Halowax? [ill A: No. [121 Q: Ever heard of it before today? [13] A: I think the term sounds like some thing I may [14] have heard of during my career but trying the pinpoint in [15] what connection, I'm hardpressed to do it. [16] Q: When you became marketing manager for [171 plasticizers, did anyone tell you that it had been known us] since 1937 that if any worker exposed to chlorinated [19] diphenyl developed a skin or - skin rash or acne - that [201 that could be an indication that they were being [211 systemically poisoned? [22] MR. FEATHERSTONE: Object to the form of die [23] question, and the form of tlie questioning. [24] A: I honestly don't know how to answer that. [25] It's not very clear. I think tlie question, systemically Page 26 [11 poisoned, seems to be putting ah em phasis - which I'm sure [21 you have a purpose in doing - but to me, kind of taints the [31 form of the question. [4i Q: (By Mr.Bradley) Well, I don't mean to taint [5i the form of the question. As a chemist, do you know what [6] systemic poisoning means? [7] A: I would regard that as being some thing [8] extremely serious but I don't know the exact medical [9] terminology that would be used for it. [101 Q: Well, did Dr. Emmet Kelly, or anyone else at [in Monsanto, indicate to you when you became marketing manager [121 for plasticizers that there was such a thing as systemic [131 poison ing possible for those folks exposed to PCBs? [i4i A: You know, there are poisonings and potential [i5i poisoning, potential problems with any chemicals. When I [16] entered the chemical industry to make my career, which I [17] decided on very early, I knew I was dealing with materials [is] that had to be handled carefully but, you know, the extent [191 of that potential danger is, you know, is something that [201 can be dealt with rationally. [2ii Q: My question is whether Dr. Kelly, or anyone [221 else within Monsanto, had a discussion with you about that [231 topic when you became marketing manager for plasticizers? [24] A: I don't -- During the time I was market [251 manager, I had discussions over a period of years about the Page 27 Ul potential toxicity of products, but I cannot recall that we [21 sat down specifically on that one. It would have -- [3] You know, I wouldn't have ex pected there would have been a hi need to, from my personal experience as a chemist. [5] Q: And why wouldn't there have been a need to, [6] based upon your personal experience as a chemist? [7] A: Because I don't think that PCBs are that [8] particularly toxic. [91 Q: As marketing manager for plas ticizers, do you [ioi know whether Mon santo ever informed its customers that HU workers exposed to chlorinated diphenyls could be suffering [121 sys temic poisoning if they developed an acne like condition [13] from exposure to PCB? [Hi MR. FEATHERSTONE: Object to the form of the [15] question. [16] A: I can't recall whether we did, but I think, as [17] I've indicated earlier, my recollection is that we [isj mentioned the need to, if contact with the skin occurred, [191 that steps should be taken to, presumably to wash it out. [2011 can't remember what we might have said about how to deal 1211 with it. That should have been known to those using it. [22] Q: (By Mr. Bradley) As marketing manager for [23] plasticizers, did you in form Monsanto customers purchasing [24] products containing PCBs from your group that PCB's effects [251 on the liver were studied as early as 1936? Page 28 HI A: I don't know if I would have done that. [21 Personally, if I had received calls from customers who [31 might have asked questions about that, I would have Hi probably referred them to our medi cal department. [5] Q: Well, do you know whether any of these [61 bulletins that you talked about that went out to Monsanto [7] customers indicated that PCB effects on the liver were [si studied as early as 1936? [91 A: I can't recall if we did that in there or not. [ioi Q: Do you recall whether any of these bulletins [ii] that you gave to Mon santo customers when you were marketing [121 manager for plasticizers indicated that there were [131 mor phological changes in the livers of rats resulting from [14] exposure to PCBs and that that was reported as early as [15] 1938? [16] MR. FEATHERSTONE: Object to the form of the [171 questioning. [18] A: I can't recall. U9i Q: (By Mr. Bradley) Do you recall whether these [20] bulletins that went out to Monsanto customers when you were [211 marketing manager of plas ticizers, the bulletins that you [22] were responsible for, contained any mention at all of PCBs' [23] effects on tlie liver? [24] A: I can't recall. [25] Q: Do you recall whether any of these bulletins Page 29 [i] that you gave to Monsanto customers indicated that there [21 were pathologic changes in animals exposed to commer cial [3] PCBs reported back in tlie '40s? [41 A: I can't recall. [51 Q: Do you recall whether these bul letins that you [6] gave to Monsanto cus tomers indicated that back in the '50s, [7i the toxicity of the vapors of Aroclor 1242 and 1254 were [8] documented? [9] MR. FEATHERSTONE: Object to the form of the [ioi question. HU A: First, there's tlie assumption that I was the [12] only one handing out bul letins. I cannot recall nowifi [13] actually revised one in the two years I was in file position [i4i but,you know, other people could have given this out but I [15] can not recall specificlly if that was in there or not. I [161 would have to look and see. Concannon & Jaeger (314) 421-1000 Min-U-Script Page 25 - Page 29 WATER PCB-00053205 Cumming M. Patou March 18,1993 Nevada Power Company v. Monsanto Company, et al. [17] Q: (By Mr. Bradley) Do you recall if there was [is] any information in the bulletins that you gave out as [19] market ing manager for plasticizerss regarding the toxicity [20] of the vapors of Aroclor 1242 and 1254? pi] A: I cannot recall. 122] Q: Have you ever heard the term polychlorinated [23] dibenzylfuran? [24] A: Yes. 125] Q: What is it? Page 30 [i] A: I really am not too sure. It's some thing that [2] I heard, I think, maybe only after I ceased to work with [3] the products, or if I did, it was in the later stages of [4] working.Itwas not aproduct that I recall. [5] Q: Did anybody from Monsanto's medical department [6] indicate to you what the toxicity of polychlorinated [7] dibenzylfurans are? [8] A: I cannot recall. I seem to remem ber there [9] being discussion about that. [io]Q: Do you know whether polychlorinated [ii] dibenzylfurans were present in the PCBs manufactured by [12] Monsanto? [13] A: As best as I know, they weren't. [14] Q: And do you know whether -- [15] MR. FEATHERSTONE: I'm sorry. They weren't? [id A: They were not. As best I know, there were no [i7] polybenzylfurans in Monsanto PCBs. [is] Q: (By Mr. Bradley) Do you know whether the [19] bulletins that went out to Monsanto customers while you [20] were marketing manager for plasticizers talked at all about [21] polychlorinated dibenzylfurans? 122] A: I cannot recall. [23] Q: When you became marketing manager for [24] plasticizers, were you shown what is Plaintiff's Exhibit [25] 1373, which is criteria for recom mended exposure for Page 31 Hi polychlorinated -- 12) A: This is dated September, 1977 and I became [3] marketing manager in 1968. So I think the answer to that [4] is no. [5] MR. BRADLEY: I apologize for the question. [6] Q: (By Mr. Bradley) Were you told when you [7] became marketing manager for plasticizers about a Swedish [8] researcher whose last name was Jensen? [9] A: Not when I became market manager. [10] Q: Diuring the two years that you were marketing [ii] manager for plas ticizers, did somebody tell you about the [12] work of a Swedish researcher whose last name was Jensen? [13] A: Yes. And I cannot now remember if someone [14] told me about it or ifI saw something in the literature [15] about it, but it came to my attention during those two [16] years. [17] Q: Do you know whether the bul letins that went [is] out to Monsanto customers while you were marketing manager [19] for plasticizers described the results of the studies of [20] the Swedish researcher whose last name wasJensen? [21] A: I cannot recall. I think it's unlikely [22] because initially, it was difficult to determine just [23] exactly what the Swedish researchers had found. [24] Q: Do you know whether, while you were marketing [25] manager for plas ticizers, whether bulletins went out to Page 32 [i] Monsanto customers that reported back in 1936, men working [2] with PCBs reported digestive disturbances, burn ing of the [3] eyes and impotence? [4] MR. FEATHERSTONE: Object to the form of the [5] question. [6] A: I cannot remember. [7] Q: (By Mr. Bradley) Do you know whether the [8] bulletins that went out while you were marketing manager [9] for plasticizers indicated that PCBs might cause impotence [ioj in people exposed to PCBs? [ii] A: I cannot recall that, no. [12] Q: Do you recall whether the bul letins indicated [13] whether exposure to PCBs might cause digestive [14] distur bances? [is] A: I cannot recall that. [16] Q: Did the bulletins that went out while you were [17] marketing manager for plasticizers indicate that exposure [18] to PCBs might cause teratogenic ef fects? [19] A: I can't recall that. [20] Q: Do you know what a teratogenic effect is? [21] A: I think it has something to do with tumors and [22] carcinogenicity,Ibelieve, but I could stand corrected. [23] Q: Do you know what the term embryotoxic means? [24] A: I have a general idea but I'm not not [25] specialized knowledge. Page 33 [i] Q: What is your general under standing of the [2] meaning of the words embryotoxic? [3] A: Well, I would think it would be a potential [4] problem. What specific medical sense, I'm not an expert in [5] that area. [6] Q: Do you know whether the bul letins that you [7] sent out, or Monsanto sent out to Monsanto's customers [8] while you were marketing manager for plasticizers indicated [9] that PCBs my be embryotoxic? [ioj A: I can't recall. [ii] Q: You indicated when you became market manager [12] for plasticizers, you reviewed some material that your [13] predecessor had, correct? U4] A: Yes. [15] Q: Did any of that material include studies [16] regarding the toxicity of PCBs? U7] A: I can't recall at the moment that would be the [isj case but, you know, like several questions you've asked [19] pre viously, the question of toxicity, to judge whether [20] something is toxic or can cause problems needs to be very [21] specific. You know, many products can cause problems if [22] used in excessive dosages or incorrectly handled. I mean, [23] I can think if I, you know, took too much salt, I probably [24] would have a major problem, but in small doses is a very [25] essential part of my health. I think that is true of the Page 34 [i] chemical industry. To say does some thing cause a problem, [2] I think you have to quantify in what range you're talking [3] about. [4] Q: You're not suggesting that if you had salt, [5] that it would cause some kind of systemic poisoning, are [6] you? [7] A: I think if you took two pounds of salt a day, [8] I would be in pretty dire shape, I would think. [9] Q: Was it your understanding that in order for [io] PCBs to be harmful to Monsanto's customers, that somebody [ii] would have to consume a couple of pounds a day of it? [12] A: I don't think you can draw an exact parallel [13] between the analogy I made and this particular parallel. [14] Q: How much PCBs would some body have to ingest in [15] order to have some kind of health problems? [16] A: I'm not an expert at all in that field. [17] Q: Ifyou're not an expert in the field, then how [isj was it determined what information would be given to [19] Monsanto's customers regarding the toxicity of the PCBs [20] that they were purchasing from Monsanto? [21] A: Because when a product bulletin gets put [22] together, at least when I was employed in that sort of [23] capacity, it would be circulated to people that would have [24] the expertise to decide what should go in and how to write [25] Page 30 - Page 34 Min-U-Scrljjt Concannon & Jaeger (314) 421-1000 WATER PCB-00053206 Nevada Power Company v. Monsanto Company, et al. Gumming M. Paton March 18, 1993 it and I would, in general, defer to that expertise. Page 35 [i] Q: And when the bulletin was written for PCB [2i products while you were market manager for plasticizers, [31 were the bulletins reviewed by anyone with experience in [4] the toxicity of PCBs? [5] A: I cannot say now because I cannot recall that [6] any had to be revised and re-issued when I was market [7] manager. [8i Q: You don't know whether any of them were [9] reviewed by even one toxicologist, do you? [10] A-. I cannot recall today if I was responsible for [in saying there needs to be a new bulletin written, and having [12] done it. I cannot remember. [13] Q: Can you remember for me whether any of the [i4i bulletins regard ing PCBs intended for Monsanto cus tomers [i5i were ever reviewed by a toxicologist? [161 A: I cannot answer that because I only was 1171 responsible for one group of PCBs in a particular area. [is] Q: But you told us that the bulletins were sent [191 out and reviewed by dif ferent people with expertise in [201 dif ferent areas? [2i] A: If a bulletin was revised or rewrit ten, that [221 would have been the proce dure. I cannot remember if that [23] hap pened on my watch as a market manager or not. [24] Q: Ail right. Do you know, during your watch as [25] a market manager, whether the bulletins Monsanto was Page 36 in sending out to its customers were ever reviewed by a [21 medical doctor? 131 A: That's a very general question. I can only [4] speak about the products that I had responsibility for and [51 I've told you, I cannot remember. [6] Q; And I meant that to be just for the products [7] you were responsible for. [8] A: Okay. 19] Q: For those products, do you know whether the [ioj bulletins were ever reviewed by a medical doctor? HU A: I cannot remember -- As I say, I cannot [12] remember if I re-issued one. If it was one that had been [13] written before I became market manager, and the same [i4] procedures were in place then, someone would have reviewed [15] it but I cannot recall if I did any newones and therefore, [161 would have no reason to go and have them review it. 117] Q; I take it, you don't know what procedures were [isi in effect for the development ofthe bulletins prior to U9j your becoming market manager forplas ticizers? [20] A: No, I don't. I mean, after all, I only joined [21] Monsanto in 1966. [22] Q: So that I understand what you're saying - [231 A: Sure. [24] Q: You don't recall whether any of the bulletins [251 were changed while you were market manager for plas ticizers Page 37 HI regarding any of the products you were responsible for that [21 contained PCBs? [31 A: I cannot recall but we're now going back [4] twenty-five years in time. It's a long time. 151 Q: When you were market manager for plasticizers, [6] you were selling PCB products to manufacturers who were m manufacturing plastics; is that correct? 18] A: They would have been using plas tics and they [91 would have been using the Aroclor, in general, as part of a no] formulation. [111Q: And when you were market manager for [121 plasticizers, were you selling - your group - was your [13] group selling products - or PCBs, excuse me to General [i4] Electric? U5i A: I think not. [i6i Q: Westinghouse? [17] A; I don't think so. [is] Q: Who were you selling them to? [19] A: We would have been selling them to certain [201 coatings manufacturers who would have very specialized [211 coatings, resistant coatings; and the recommendation on the [221 formulas might have come from the producer of the resin [231 that goes into the coatings. I seem to recall companies [24] that produced rubber-type materials that could be used in [25] coatings recom mending to their customers a formula tion with Page 38 ID Aroclor in it would give a series of benefits. Therefore, [2] a lot of the busi ness came as a result of that. That would 13] have been one group. Another ap plication which fell into [4] my area - it doesn't fall into the definition of [5] plas ticizers I gave you before - would have been NCR, (61 National Cash Register, as they were at the time. They m used the product in what was known as carbon less copy [8i paper, as a solvent. [91 Q: Were you selling products for use in the no] dental industry? HU A: I seem to vaguely remember this coming to my [i2j attention, but it was a minute, minute application. In [131 fact, it might have been discontinued. [14] Q: Do you know whether PCBs were put into the [i5] things that fillings are made out of? [16] A: I can't recall that. As I said, many of the [i7i applications were developed by our customers and sometimes, [isi we wouldn't really know what they were using them for. I [19] think later, it might have - later, we discovered that [20] there was some but as I say, I think it was a minute area [211 and it might have been more of an academic specialty than [22] an actual commercial product. I cannot recall. [231 Q: Other than NCR, do you recall the names of any [24] businesses that Mon santo sold products to under your [251 authority as market manager for plas ticizers? Page 39 HI A: There would have been people that would have [21 been in the coatings business. [31 Q: Do you remember the names of any businesses, [4] though? [5] A: Let me think. I draw a blank. I think the [61 name H.B. Fowler is one that rings a bell. I think that [7] was hot melt ad hesives. [8i Q: Do you know where they were located? 19] A: I think they were going -- I'm going to say [ioj Minneapolis area but I may be wrong. [in Q: All right. Do you remember the name of any (12] other businesses? [13] A: I'm going to say we might have sold to [14] Hercules. They developed some of the marine coatings. I [151 don't know if we would have sold to them or sold to some of [16] their customers. [17] Q: Where was Hercules located? [isi A: They're in Delaware. We also sold products [19] through our distributors. So again, I wouldn't have known [201 what the distributors, I wouldn't necessarily have known [2ij what they were -- [221Q: Who were your distributors when you were [231 manager of plas ticizers? [24] A: I think there was a company called Plastic [251 Solvents. I don't know if they're in business. Page 40 HI Q: Where were they located? [2] A: They were pretty much a national distributor [31 organization. I think they were in Chicago. [4] Q: Do you recall any other dis tributors that you [5] sold to? [6i A: I know there were others. I can't recall their [71 names now. [8j Q: When you left -- Let me ask it this way. [9] When you began work as market manager for plasticizers, did [101 you Concaimon & Jaeger (314) 421-1000 Min-U-Script Page 35 - Page 40 WATER PCB-00053207 Gumming M. Paton March 18,1993 Nevada Power Company v. Monsanto Company, et aL review all of the bulletins that had ever been written [in by Monsanto regarding Aroclor, or PCBs? [12) A: I doubt that. [131 Q: Do you know whether there was a file that [i4j contained all of the pre viously written bulletins on PCBs? [15] A: I don't know. I can't recall. [16] Q: When you left as market manager of the [17] plasticizers, did you develop a file that contained all the [is] bulletins that had come through you regarding PCBs? [19] A: I'd have left files behind so they would have [20] been available some where in the department when I left. [21] Q: Well, did the files that you main tained [22] include the bulletins? [23] A: There would have been bulletins in the files. [24] Q: All right.Are you familiarwith the term [25] biomagnification? Page 41 [1] A: I've heard it. It was used when I was around [2] a particular group of products but I can't recall now. No, [3] I can't recall specifically how it would be used in a [4] strictly scientific sense, with some of my research [5] colleagues. I would rather not define that. [6] Q: Do you recall ever learning that m biomagnification operates with PCBs in the human food [8] chain? [9] A: I've heard that concept discussed, yes. [10] Q: Do you recall whether any of the bulletins [ii] that went out to Monsanto customers while you were market [12] manager for plasticizers mentioned the fact that PCBs [13] biomagnify in the human food chain? [14] A: I cannot recall. My recollection is that at [15] the time, at that point in time, the first indication of [i6] so-called per sistence, if you will, in the environment for [i7] certain products came around this Jensen/Widmark paper. I [is] seem to remember it was sort of the first of that sort, you [19] know, that went into that. [20] Q: And the Jensen/Widmark paper was written in pi] '66, published in '66? [22] A: Could be. I can't remember. [23] Q: Did you review the Jensen/Wid mark paper in [24] '66? [25] A: I would have no reason. No, sir, I didn't. I Page 42 ID would have had no reason to. [2] Q: Do you recall whether you reviewed it in '68? [3] A: Yes. I think I do recall it probably was in [4] '68 when I did see it. Page 41 - Page 45 [5] (Whereupon, a discussion was held between Counsel, off the [6] record.) [7] Q: (By Mr. Bradley) What were your job [8] responsibilities as marketing manager for the organic [9] section of Monsanto with an area ofLatin America? [10] A: I would have been responsible for traveling [ii] throughout Latin America and Central America and Mexico - [12] well, all of Latin America visiting our agents in certain [13] countries, visiting the branch offices where we had our own [14] salespeople and working with them to train them, if need [15] be; visit key customers with them, explain our products, [16] giving them commercial guidance; being the person that they [i7j would come to if they had commercial or product ap plication [is] questions; and then I would work with them to set budgets [19] and review performance and things like that. [20] Q: Were PCBs considered to be part of the organic [21] section of Monsanto? [22] A: Yes, they would have been. [23] Q: How long were you the market ing manager for [24] the organic section of Monsanto for Latin America? [25] A: Almost two years. Page 43 [1] Q: To whom did you report? [2] A: I reported to a man called Frank Bushong, [3] B-u-s-h-o-n-g. [4] Q: And what was his job title? [5] A: He was Director of Marketing for Latin [6] America. [7] Q: During the time you were market ing manager for [8] the organic section of Monsanto in Latin America, was there [9] a group within Monsanto known as a business group that was [io] assigned to work with PCBs? [11] A: I cannot recall that. [12] Q: During the time that you were employed with [13] Monsanto, was there ever a group called the business group [14] that was assigned to work with PCBs? [15] A: The terminology "business group" was used. I [16] don't think there was a business group which was specific [17] on PCBs. It would have been a business group on, I think, [is] function al products. I mean, we went through various name 119] changes and various organizational changes. [20] Q: Was there a business group -- During the time 121] that you were employed at Monsanto, was there a busi ness [22] group that was responsible for products containing PCBs? [23] A: The group -- I think at some point, all the [24] PCB products came under one group but the group had other [25] products besides PCBs. Page 44 [l] Q: What was the -- Was the business group known [2] as the business group? [3] A: It would have been like the, I'm going to say [4] the fluids business group or the functional products [5] business group or -- You know, every two years, it would [6] probably change. [7] Q: When there was a functional products business [8] group, who, by job title, would have been a member of that [9] group? [10] A: At some point,I would have been part of that, [nj myself. The head of it at one time, I think, was - might [12] have been Howard Bergen, or he might have been functional [13] fluids business group. You know, I -- [14] Q: I'm interested in knowing the job titles of [15] those people who were members of the business group under [16] which PCBs fell. [17] MR. FEATHERSTONE: At point in time? what [18] MR. BRADLEY: Well, I take it, it changed over [19] the course of time. [20] A: It did. [21] Q: (By Mr. Bradley) Let's start with the first [22] time you were aware of the business group having to do with [23] P under which PCBs fell. What year was it and what kind [24] of job titles were involved in the group? [25] A: I think the best time to put you in, from my Page 45 [l] prospective, would have been probably the latter part of [2] 1971. [3] Q: All right. And which business group was [4] responsible for PCBs in the latter part of '71? [5] A: I think it was the functional products group [6] but I cannot be ab solutely sure of that now. [7] Q: Okay. And who were - not by name but by job [8] title - who were the mem bers of the functional products [9] group? [io] A: You would have had market managers; product [in managers; a re search director; a marketing director; sales [12] manager. You would have had a business director or a [13] business group director, something like that. [14] Q: All right. And was there ever a point in time [15] where the business group responsible for PCBs changed [16] following the latter part of 1971? [17] A: As I say, I don't think there was ever a [is] business group just devoted to PCBs alone. They were [19] devoted to product groups that contained PCBs, and that 120] changed because over the years from, I think about early 121] '70 on through mid '73 or so, there was a phas- Min-U-Script Concannon & Jaeger (314) 421-1000 WATER PCB-00053208 Nevada Power Company v. Monsanto Company, et al Cumming M. Paton March 18,1993 ing out of [22] certain of those particular products. [231 Q: Following the latter part of 1971, was there a [24] change in the group, the business group, responsible for [251 PCBs? Page 46 Ul A: Well, if you say a change at the product [2i manager level, yes. I became -- I was brought in as [31 product manager for a certain number of these groups. [4] Q: Well, you indicated that the func tional [51 products group was the busi ness group umbrella under which [6] PCBs fell in the latter part of 1971 ? m A: Yes. That's right. [8] Q: Was there ever a time when the umbrella [9] business group for PCBs was not the functional products no] group? [ill A: I don't think so. It may have changed names [121 and products may have been rearranged and some moved here [131 and there, but after '71, the phaseout, they stayed in the [Hi same general management area. [15] Q: All right. [161 THE WITNESS: Excuse me. Can I take a break [171 and get the glass of water? [is] MR. BRADLEY: Yes. Of course. [19J (Whereupon, a ten minute recess was taken.) [20] Q: (By Mr. Bradley) Did the function al products [2i] group prepare reports regarding products containing PCBs [22] beginning with the latter part of 1971? [23] A: Well, that's a very general ques tion. Reports [24] would have been prepared on the activities ofproduct [25] groups and ifthey had PCBs in them and there were PCB Page 47 11] issues, they would have been brought forward, but reports [2] in any business group are written - say a monthly sales [3] manager report - then I would get from my market manager a [4] report of what they had been doing and I'd con densed and [5] summarized that, send it on; research would write a report [6] and they would all wind their way to the business group [7] director who would then probably send out an executive [8] style report that would be read by the higher management [9] levels of, say - in those days, I think we probably had an [io] organic division, or whatever entity it was within [11] Monsanto. [12] Q: You referred to a business group director. [13] Would that have been the director of the functional [14] products group? [15] A: There would have been a director for that [16] group, yes. [17] Q: And the functional products group is what you [is] referred to as the business group? [19] A: Yes. [20] Q: All right. During the time that you were [21] marketing manager for the or ganic section of Monsanto for [22] Latin America, did you distribute to Monsanto customers [231 bulletins regarding products containing PCBs? [24] A: Probably. I can't remember specifics but I [251 personally probably wouldn't have done it. It would have Page 48 [1] been more like our agents or salespeople. [2] Q: All right. [3] A: Because they would have been, in all [4] likelihood, I think, written in Spanish but I can't say for [5] sure. [6] Q: Did you ever see any bulletins written in [7] Spanish that were dis tributed throughout Latin America [8] while you were head of the organic section? [9] A: I can't recall. It might have been in [10] English, or it may have been in Spanish, depending normally [in on how the market was for the product at that time. [12] Q: You were the marketing manager for the organic [131 section from '70 to '72? [14] A: The early part of 1970 until, I think, the [15] latter part of 1971.1 can't recall the months but it was [16] very early 1970 until the latter part of 1971.1 may be [17] off by a few months. I don't know actually. [is] Q: While you were marketing manager for the [19] organic section of Monsanto, did you review any bulletins [20] that were written in English that were intended for [211 Monsanto cus tomers within the United States regard ing PCBs? [221 A: I don't think so. [23] Q: When you were marketing manager for the [24] organic section, did you have any discussions with [25] Monsanto's medical department regard ing the toxicity of Page 49 [1] PCBs? [2] A: I can't recall that. [31 MR. FEATHERSTONE: Whenyouuse the phrase [4] "marketing manager for the organic section," the organic [5] sec tion, I think, covered a more broader geographic area [6] than Latin America. [7] MR. BRADLEY: Well, whenever I referred to you [8] as marketing manager for the organic section, it was [9] under stood that was just for Latin America,and that's how [io] I'll understand your answer in the transcript. HU THE WITNESS: That's how I have been answering [121 the question. [13] MR. FEATHERSTONE: Fine. [14] MR. BRADLEY: It's just too long a sentence to [i5] have to repeat all that, so I abbreviated it a little. [16] THE WITNESS: Maybe say market ing manager, [17] Latin America. That could be unambiguous. [is] MR. BRADLEY: All right. [19] Q: (By Mr. Bradley) As marketing manager for [20] Latin America, did you did Monsanto prepare documents [21] that informed Monsanto customers within Latin America [22] regarding the toxicity of PCBs? [23] A: I cannot recall whether they did or not, but [24] that's simply -- I cannot remember the specifics. It's [251 not to say they didn't. Page 50 [1] Q: What job did you have, move to, at the end of [2] 1971? [3] A: I became product manager for three groups of [4] fluids, as I recall - heat transfer fluid, dielectric [5] fluids and I think process solvents, I think was the third [6] group. [7] Q: In that job, were you the head of the [8] functional fluids group? [9] A: No. Because there was another -- I had a [ioj counterpart at the same level who dealt with aviation [U] fluids and hydraulic fluids. [12] Q: At least at the end of'71, you were the head [131 of the fluids group for dielectric fluids? [14] A: For dielectric fluids, heat transfer fluids [15] and for what we call process solvents, yes. [16] Q: And Monsanto manufactured PCBs to be used as [17] dielectric fluids? [18] A: That's right. [19] Q: Those were Aroclors? [20] A: Some were sold as Aroclors. They were sold [211 under different trademarks. [22] Q: Such as? [23] A: The names, I think, ofPyranol and Inerteen [24] ring a bell. [25] Q: Does it ring a bell that Inerteen was a Page 51 Ul product name for Westinghouse? [2] A: Yes. [3] Q: And Pyranol was a product name for GE? [4] A: That's right. [5] Q: And Monsanto mixed those products and shipped [6] them off to GE and Westinghouse?___________________ Concannon & Jaeger (314) 421-1000 Min-U-Script Page 46 - Page 51 WATER PCB-00053209 Cumming M. Patou March 18,1993 Nevada Power Company v,, Monsanto Company, et aL [7] A: They would have been manufac tured to their [8] specification, their for mulations. [9] Q: Going back to your being market ing manager for [ioi Latin America, where was your office? mi A: It was here, in St. Louis, but I traveled [121 expansively. [131 Q: When you -- Help me here with a short way of [i4] referring to the job you had at the latter part of 71 as [i5i marketing manager for three groups of fluids. [i6i A: Well, the title was Product Manager, and [i7i reporting to me would have been three market managers, one [i8i for dielectric fluids, one for heat transfer fluids and one [19] for process solvents. [201 Q: All right. So if I refer to your job position [2ii as product manager, you'll understand that we're referring [22] to the position you held regarding those three groups of [231 fluids? [24i A: That's right. [251Q: All right. When you became product manager, Page 52 m did you review any documents on the toxicity of PCBs? [2i A: When you say review documents, I would have [31 had discussions with some of my colleagues about the issues [4i that were evolving surrounding PCBs having to do with their [5] alleged per sistence in the environment and, you know, [6] questions about, you know, are they toxic, how toxic are m they. [8i Q: All right. In addition to the discus sions you [91 had with your colleagues, did you review any written [101 docu ments regarding those topics? (in A: I would have seen copies of sum maries or work [121 that was going on within Monsanto, trying to understand the [131 nature of the research reports that were being published, [i4] research done by others; I would have seen reports and [i5i heard about the work that Monsanto was doing internally, as [161 well as with other groups outside, to try to get a better [17] understanding of this whole issue, and then what to do [is] about it. (191 Q: And when you indicate that you would have seen [201 copies of sum maries of work going on, who wrote those [2i] summaries? [221 A: Well, okay. When I say summary, they might [23] have been actual reports but there might have also have [24] been a condensed version. The people that I would have [25] interfaced with on those areas would have been Dr. Emmet Page 52 - Page 56 Page 53 HI Kelly or probably -- Primarily, Dr. Kelly; Dr. Bill [21 Richard, who was Direc tor of Research; there would have [31 been a man called Bob Keller, as I recall, who was in the [4j research but in the analytical area; and probably I also [5] would have interfaced with Bill Papageorge. [6] Q: What does it mean to interface with Dr. Kelly? [7] A: Well, sorry. I'll let you finish your [8] question. [9] Q: That was my question. What does it mean? [to] A: Well, it means that as product manager, you're [ii] sort of - one of your roles is a coordinating role. You're [12] the focal point for that particular group of products, [13] businesswise, but clear ly, you rely on other people to do, [i4] that have specialized expertise to do jobs. So Kelly had [15] the responsibility for toxicological, medical, industrial [ 16] hygiene functions within Monsanto; Richards had the [17] responsibilities for the research and development work that [is] went on on fluids, then some in manufacturing; Bill [19] Papageorge had a role of-1 forget what his title was now, [20] but it was basically one of making sure -1 would call it [21] -- Maybe today we might call it product stewardship, but I [22] think it was something different then, because this was an [23] evolving subject back twenty-five years ago, twenty years [24] ago, and Bill Papageorge would have been - you know, he [25] would have had contacts with the various Government Page 54 [1] agencies who were beginning to study the problem and to p] sort of coordinate that whole - you know, everyone was [3] looking at that in some sort of menial fashion and he would [4] have come to me and kept me informed. I would have gone to [5] him if I saw, heard something that I thought, you know, [6] they ought to be aware of and looking into. So it was -- [7] You know, it was a lot of, obviously, discussion and [8] keeping each other informed. [9] Q: As product manager, did Dr. Emmet Kelly write [10] any reports for you to review regarding the medical or [11] toxicological concerns relating to PCBs? [12] MR. FEATHERSTONE: Object to the form. [13] A: I -- U4] MR. BRADLEY: Well, let me re-askit. - ' [15] A: Yes. [16] Q: (By Mr. Bradley) During the time you were [17] product manager, did Dr. Emmet Kelly give you any reports [is] written by him regarding the toxicology of PCBs? [19] A: I don't think he would have writ ten reports [20] specifically to me. He might have put together a report of [21] what was being done in that area,and myself, as well as [22] others in the busi ness group, would have seen them. [23] Q: Was he required to make peri odic reports to [24] you? [25] A: No. But frankly, the subject, the whole Page 55 [i] question of PCBs at that time was getting a great deal of [2] management attention. Time and effort was being spent, [3] resources were being spent, to understand the problem and [4] to try to decide how to act responsibly, not only towards [5] the environment but the cus tomers, and a whole lot of other [6] things. So it was a group that felt a great sense of, you [7] know, we need to work on this actively as a group. So we [8] didn't think of it as gee, having a meeting every week was [9] a must. It was when something had to been done, it would no] be done. [ii] Q: As part of this attention being given to this [12] group to the issue of PCBs, I take it Dr. Kelly prepared [13] some written reports for your review regarding the [14] toxicology of PCBs? [15] A: And I recall in the course of my work [16] involving fluids seeing reports that were not only prepared [17] by Dr. Kelly, they might have involved - Dr. Keller, I [is] think his name was, if it had to do with the analytical [19] methodologies and the capabilities of detecting materials [20] and research. I would have seen that and I would have been [21] able to sit down with any of these people and understand [22] what the implications were and what needed to be done next. [23] Q: When you became product manager, had you [24] already heard of the Jensen and Widmark study? [25] A: Yes. Page 56 [i] MR. BRADLEY: This would be a good time to [2] take a break. Are you ready for a break? [3] THE WITNESS: That's fine. [4] (Whereupon, a twenty minute recess was taken.) [5] Q: (By Mr Bradley) Did the functional product [6] group maintain records on the dielectric fluids when you [7] were head of - when you were product manager? [8] THE WITNESS: What kind of records are you [9] thinking about? Min-U-Script Concannon & Jaeger (314) 421-1000 WATER PCB-00053210 Nevada Power Company v. Monsanto Company, et al. Gumming M. Paton March 18,1993 [io] MR. BRADLEY: Records regarding [5] Q: Well, during the first year you Page 60 tire [ii] dielectrics that were sold by Monsanto. Anything about [12] them. [13] THE WITNESS: You mean sales records or -- [14] Q: (By Mr. Bradley) Well, did you maintain sales [is] records? [16] A: We would have maintained sales records, for [17] example. "Records" is a very broad term. [is] Q: Did -- As product manager, did you review [19] prior sales of dielectrics manufactured by Monsanto? [20] A: Yes. Up to a point. were product [6] manager, were there any Aroclor formulations that increased [7] in sales volume compared to the year before? [8] A: There might have been, but that might have [9] been partly due to sub stitution of one Aroclor for another [io] one, for example, but I think the --' In the dielectric [ii] area, I think the trend might have been to stay level for a [12] while and then later began to decline until finally, I [13] think at some point in the mid to late '70s, they were [i4] dis continued totally. [1] rephrase it. In late 1971, had you heard of a Congressman [2] whose last name was Ryan? [3] A: Vaguely. I mean, you've refreshed my memory, [4] so vaguely it sounds familiar but I can't remember in what [5] connection. [6] Q: When you were product manager, did you learn [7] whether Congressman Ryan was attempting to introduce [8] legislation into the United States Con gress that would ban [9] the use of PCBs? [10] A: I can't recall that. [21] Q: And the purpose of that was [15] Q: Do you know whether the sales [11] Q: Do you recall Monsanto ever in probably to have a [22] - to determine level stayed at [16] the same level for PCB forming its [12] customers who were pur whether there was growth in the sales products manufactured by Monsanto [17] chasing dielectric fluids that there [13] of the [23] products? between the end of '71 and 1974? had been Congressional action to stop [24] A: To get a benchmark of where [is] A: In total, the PCBs manufactured the sale of PCBs? / we'd been, yes. [25] That was part of it. by Monsanto [19] went down, is my recol [14] MR. FEATHERSTONE: Object to the Page 57 lection. form of the [is] question. [1] Q: Do you know whether Monsanto, following 1966, [2] had a corporate goal of increasing its sales of [3] dielectrics? [4] A: I can't speak for 1966 through 1971. 15] Q: All right. And how about from 1971 on? [20] Q: Do you know whether, in review ing whatever [21] documents you reviewed both before and after you be came [22] porduct manager, do you know whether Monsanto ever [23] generated a document that indicated that they had a goal of [24] increasing sales of products containing PCBs in the late [25] 1960s? [16] A: I cannot remember, at the end of the 1971 time [17] frame, any Congres sional activity to stop the sale of PCBs. [ 18] I know that the Federal Register con tained information on [19] PCBs but I can't recall that they ever, at that point, came [20] out with any kind of a ban, or intended ban. [6] A: I think from 1971, our first order [21] Q: (By Mr. Bradley) All right. You've ofbusiness [7] was to understand the full Page 59 heard of [22] the Toxic Substances Con .i implications of the reports that [8] were being circulated concerning the quote, "persistence of [9] PCB in the environ ment and allegations of toxicity," and [to] [l] A: I can't recall any document in the late 1960s [2] saying they had a goal to increase. trol Act? [23] A: Yes. [24] Q: And did Monsanto -- Strike that. Monsanto was trying to understand [31 Q: Who was the product manager As product [25] manager, when did you I what the extent ofthat (11] was and what before you became [4] product manager? first learn of the Toxic Substances action should be taken once we knew [5] A: I think they had a product Page 61 ' what the [12] situation was. So, they were probably more focused on [13] address manager for heat [6] transfer, and his name was John. I think it was John m ID Control Act? ing those issues than they were, you O'Fallon. O'Fallon, I think, was the last [2] A: My recollection is that the Toxic know, coming up [14] and saying, "Gee, name Jack [8] O'Fallon. Substances [3] Control Act is something I've got to grow the volumn ten percent [15] every year." In fact, I cannot recall that that would have [16] been one of my goals. 19] Q: Who was the product manager for dielectrics [io] prior to you taking that position? that came in the latter part of [4] the '70s, rather than the early part of the '70s, but I may [5] be wrong. [6] Q: Over what period of time were [17] Q: Let's talk about the first year that you were [is] product manager. During any part of that year, was there a [19] goal to increase the sale of PCBs manufac tured by Monsanto? [20] A: I doubt it very much. [21] Q: And was there -- I take it, then, there was (22] no goal to increase sales dining any subsequent years when [23] you were product manager? [24] A: No. I mean, we wanted to know [i i] A: Well, I think that might have been -- [12] O'Fallon might have been a product manager. In [13] dielectrics, they had Paul Benignus in as a product [14] manager, and he then reported to me when I became product [15] manager. I don't know who he reported to before. I can't [16] remember. [17] Q: Do you know, for example, who was the product [is] manager for dielectrics immediately preceding you having [19] that position? you product [7] manager? [8] A: I was product manager from the end of '71, and [9] then sometime in, might have been '72 or 74,1 forget [io] which. I then had aviation fluids and hydraulic fluids [in added to my respon sibility, which then they said that any [12] products that had PCBs in them fell into my responsibility, [13] and I think that position then lasted until, I'm going to [14] say sometime in 1976.That's the best of my recollection. -- For [25] planning purposes, we wanted to know what our customers [20] A: I don't know if there was a title, "Product [2i] Manager." As I said, I think [15] Q: Prior to the end of your job as product [16] manager in or around 76, Page 58 it might have been a market [22] manager had you heard of any [17] Congressional [l] required, said they required, over title and then it reported into me and I action that would limit or ban the sale those years but we were [2] beginning to don't know [23] where it reported of [is] PCBs? i \ discontinue some lines of products. So before. Well, I would have known. I [24] [i9] A: That doesn't ring a bell, them talk in [3] fact, the indications were the total just can't remember. ing about [20] banning them. In fact, I volume would probably m turn [25] Q: In late 1971, did Monsanto know think the -- As I recall, the [21] EPA and donewards rather than upwards. -- Let me various government agencies were - you j Concannon & Jaeger (314) 421-1000 Min-U-Scrlpt Page 57 - Page 6l WATER PCB-00053211 Gumming M. Patou March 18,1993 Nevada Power Company v. Monsanto Company, et al. know, took [22] note of what the industry's position was, and what the uses [23] for dielectrics were.There were no viable replacements [24] and there fore, they just said continue. So, I cannot [25] recall any, you know, Congressional action. That's not to Page 62 HI say there wasn't. It just doesn't stand out in my mind. [2] Q: Do you know whether, between the end of 1971 [3] and in 1976 when you left your job as product manager, if [4] Monsanto informed its customers pur chasing dielectric [5] fluids regarding any Congressional action at all involving [6] PCBs? [7] A: I can't recall. I can't recall anything [8] specifically on Congressional action. [9] Q: All right. Do you recall, between 1971 and [to] 1976, Monsanto telling its customers of dielectric fluids ui] that if someone suffers chloracne as a result of exposure [12] to PCBs, that it could be a sign of a more serious systemic [13] poisoning? [14] A: I cannot recall us dealing with that specific 115] issue in the way you worded it, but certainly in the period [16] 1971, and I think it had started earlier, and the period [17] 1976, a great deal of communication went out to the [is] cus tomers of Monsanto's dielectric fluids. We solicited [19] the assistance of in dustry associations to help in that [20] dissemination of that knowledge; and so no one should have [21] been in any doubt as to what all the various allega tions [22] and possibilities were regard ing PCBs. [23] Q: So between '71 and '76, any Mon santo customer [24] of dielectric fluid should have known, for example, that [25] PCBs get absorbed through the skin? Page 63 [1] A: I would have been very surprised if they [2] didn't. [3] Q: All right.And all ofthose Monsanto [4] customers of dielectric fluids be tween '71 and '76 should [5] have know that PCBs were associated with liver damage? [6] MR. FEATHERSTONE: Object to the form. [7] A: I think saying "associated with liver damage," [8] that's a very general ized statement. [9] MR. BRADLEY: Let me rephrase it then. [10] Q: (By Mr. Bradley) So that all of these [in customers of Monsanto's dielectric fluid between '71 and [12] '76 should have known that there were pre vious studies that [13] showed exposure to PCBs caused liver damage? [14] MR. FEATHERSTONE: Object to the form. [15] A: If that information was out there, the [16] equipment manufacturers, I think, the customers that we [17] sold to, the associations, would then have -- There's a [is] whole history of PCBs out there that was sort of being [19] scrutinized and debated and studied and so on and so forth. [20] Q: (By Mr. Bradley) And the cus tomers of [2i] Monsanto purchasing dielectric fluid between '71 and 76 [22] would have known that exposure to PCBs might cause systemic [23] poison ing? [24] A: I don't know ifthat is what -- You know, the [25] specific language was used. Certainly, they should have Page 64 ID been aware of all of the allegations surrounding PCBs [2] because it was in the Federal Register and we were mail ing [3] out things; there were task forces organized, Government [4] interagency task forces; there were groups within the [5] electrical industry, including, you know, equipment [6] manufacturers, utilities and whatnot, all studying the [7] problem. I think there was one for trans formers and one [8] for capacitors. So it was not an area that was - that was [9] just merely going its own way and nobody knew what was [10] going on, if that gets at what you're trying to get at. Ui] Q: So I take it from your testimony that there 112] was a lot of publicly avail able information on the toxicity [13] of PCBs, and you took the position that your customers must [14] have known about it? [15] A: Well, we were responsible for in forming our [16] customers of what was going on. Now, at that time, you've [17] got - there was an emerging, you know, capability in terms [is] of analytical abilities to detect things which had not been [19] true previously. So, you know, people were able at that [20] period of time to start detecting things at levels much [21] lower than they had been before. The whole concept of [22] en vironmental persistence, and I think that phrase you [23] used, biomagnification, was something that was coming under [24] scrutiny. So I think it was a learning situation. It was [25] an evolving situation, and at least Monsanto and the Page 65 [i] colleagues I worked with were deter mined to try to handle [2] this as respon sibly as we could, and we worked with our, [3] with the customers that we dealt with primarily to try to [4] bring this to their attention and to give them what [5] information we had available and to seek means of how we [6] could, you know, control the situation and decide how best [7] to proceed. [8] MR. BRADLEY: Wouldyoureadback the [9] question? [io] (Whereupon, the reporter propounded the previous question.) Ui] MR. BRADLEY: I move to strike the answer as [12] nonresponsive. [13] Q: (By Mr. Bradley) Monsanto knew when it sold [14] dielectrics to General Electric, that General Electric [15] would put those dielectric fluids in electrical [16] transformers and capacitors and sell those products to [17] utility companies, did they not? [is] THE WITNESS: I'm sorry. Could you repeat the [19] question? [20] Q: (By Mr. Bradley) Monsanto knew when it sold [21] dielectric fluid to General Electric and Westinghouse while [22] you were an employee ofMon santo, that GE and Westinghouse [23] would put that dielectric fluid in electri cal transformers [24] and capacitors and sell those to electric utilities, didn't [25] it? Page 66 [i] A: Yes. [2] Q: What did Monsanto do,ifanything, to make [3] certain that those electric utility companies would know [4] about the toxicity of the dielectric fluid manufactured by [5] Monsanto? [6] A: As I recall, one forum was an ANSI, A-N-S-I, m Committee -1 can't remember its designation. It had a [8] number, as I recall - was formed. It had two parts to it, [9] I believe, one transformers and one capacitors, and it had [10] representatives of the electrical utilities, the various [11] trade associations in that area, and I think it had EPA, [12] FDA; you know, Corp of Engineers, various government [13] agencies all involved in it, and cer tainly a great deal of [14] the discussion, I think, at those groups had to do with, [15] you know, the aspects of toxicityand the aspects of [16] environmental persist ence. [17] Q: And when was the ANSI commit tee formed? [is] A: I can't remember now. U9] Q: And what did you do, if anything, as product [20] manager to inform electric utility companies about the ANSI [2i] committee? [22] A: I cannot recall specifically what I did.I [23] know that Paul Benignus would have been the one that was [24] most involved in that, and so would Bill Papageorge. [25] Q: Well, did they report to you what they were Page 62 - Page 66 Mim-U-Scrlpt Concannon & Jaeger (314) 421-1000 WATER PCB-00053212 Nevada Power Company v. Monsanto Company, et al. Gumming M. Paton March 18, 1993 Page 67 m doing to inform electric utility com panies about the ANSI [2] committee? [3] A: Yes, they probably would have done that. 14] Q: And what did they tell you Mon santo was doing [5] to inform electric utilities companies about the ANSI [6] committee? [7] A: I can't recall because after all, we didn't -- [8] In most cases, I don't think we sold directly to the [9] utility com panies. We were selling to transformer no] manufacturers, to capacitor manufacturers and, in turn, ui] they sold to the utilities; and in the case of trans former [12] fluids, the products that were being sold to the equipment U3] manufacturers were products that they were requesting us to [i4] manufacture for them. [15] Q: And the products that they were selling [i6] contained products manufac tured by Monsanto? [17] A: Yes. [is] Q: And products that Monsanto knew were the [19] subject of tremen dous environmental concern? [20] A: Yes. [21] Q: And Monsanto -- Other than the ANSI [22] committee, what, if anything, did Monsanto do to describe [23] to the ultimate purchasers of Monsanto's dielectric fluid [24] what the environ mental concerns were regarding the product [25] that Monsanto was manufac turing? Page 68 [i] MR. FEATHERSTONE: Object to the form of the [2] question. [3] A: The Federal Register published certain [4] guidelines, you know, on that subject. [5] Q: (By Mr. Bradley) Well, Monsanto didn't get [6] that notice published in the Federal Register, did it? m A: No. [8] Q: So my question is, what did Mon santo do, if [9] anything, to inform electric utility companies about what [io] it was learning about the products that it was [in manufacturing containing PCBs? [12] A: We were going out through two avenues, as I [13] recall. One -- And there might have been communication [14] direct with the utilities, I cannot recall that. That's [is] not to say there wasn't. I cannot recall it. The one was [16] certain ly die people that we sold the dielectric to, die [17] fluid to, were told as much as we knew about what was going [is] on; and the other mechanism was once that committee was U9] formed, then they, representatives of the electrical [20] in dustry participated in that committee and in fact, I pi] think they helped to get information out. [22] Q: Do you have any documents that would show that [23] Monsanto asked the ANSI committee to get information out to [24] the electric utility companies? [25] A: I don't have a document today, no. Page 69 UI Q: Have you ever reviewed one where it indicates [2] Monsanto asked the ANSI committee to communicate [3] information to electric utilities? [4] A: I seem to recall that. We also -- Monsanto, [5] of courses, was not the only producer of PCBs. [6] Q: Well, Monsanto was the only producer of PCBs [7] in die United States for electrical transformers and [8] capacitors; isn't that true? [9] A: The only producer in the U.S., yes. Not the [io] only producer in the world. [in MR. BRADLEY: That's right. [12] Q: (By Mr. Bradley) Well, let me ask you this. [13] Do you know of any electri cal transformer and capacitor [14] manufacturer in the United States that ever bought a [15] dielectrics fluid con taining PCBs from anyone, other than [16] Monsanto? [17] A: I have no way of knowing that. [is] Q: All right. Well, what did Monsanto do to [19] inform electric utility com panies that PCBs might be [20] manufac tured elsewhere, outside the United States? [21] THE WITNESS: I'm sorry? [22] Q: (By Mr. Bradley) What did Mon santo -- [23] MR. FEATHERSTONE: What's the point of asking [24] that question? [25] MR. BRADLEY: Well, I'll move to the point. Page 70 [1] I'm not asking it for no reason. [2] MR. FEATHERSTONE: Okay. [3] Q: (By Mr. Bradley) What did Monsan to do, if [4] anything, to inform electric utility companies that PCBs in [5] electri cal transformers -- Let me ask it again. What did [6j Monsanto do, if anything, to inform electric utility [7] companies that PCBs were being manufactured outside the [8] United States? [9] MR. FEATHERSTONE: Object to the form of the [10] question, mi A: I don't know if we did anything about that. [12] Q: (By Mr. Bradley) Is it true that it was [13] claimed that PCBs manufactured outside tiie United States [i4] contained greater concentrations of polychlorinated [15] biphenyls than PCBs manufactured within the United States? [16] A: I'm not sure that I can -- I'm not sure if I [ 17] remember that. [is] Q: Did you communicate directly with any [19] electrical utility company regarding what Monsanto knew [20] about the environmental concerns Mon santo had about its own [21] dielectric fluid? [22] A: I don't -- I can't recollect visiting any [23] electrical utilities myself. [24] Q: Do you recall talking with anybody from an [25] electrical utility on the telephone where you described for Page 71 [l] them Monsanto's concerns about its own products that [2] contained PCBs? [3] A: I recollect -- I cannot recollect if they [4] were utilities. I do recollect talk ing to customers who [5] would call up and asked - particularly when we an nounced [6] that we were going to dis continue the heat transfer fluids [7] - why we were doing that. Now, we sent them letters [8] explaining what the situation was and why we were doing it, [9] and I explained, you know, the reasons why we were doing it [to] and indicated that, you know, allegations had been made but [ii] at the time, I am not too sure that we had any definite [12] proof that, in deed, the products were - how toxic the [13] products really were. [14] Q: Did Monsanto ever tell General Electric that [15] Monsanto would not be telling electric utility companies [16] about the hazards of PCBs but instead, wanted GE to tell [17] those companies about those hazards? [is] A: I don't know if that's -- I don't think -- [19] I can't remember that hap pening. [20] Q: Did Monsanto ever tell Westinghouse that [21] because the dielectric fluid was such a small part of the [22] transformers and capacitors that Westinghouse was [23] manufacturing, that Monsanto was not going to tell [24] electrical utility companies about the hazards of PCBs but [25] instead, ex pected Westinghouse to tell them? Page 72 [1] A: I can't remember anything like that. [2] Q: You've said here, today, that your customers [3] knew as much as you did about the concerns that existed [4] regarding the PCBs. What makes you say that? [5] A: Because there was a great deal of [6] communication that went out to the industry.There were [7] Federal Register reports on the issue, there were articles [8] written in the press and in journals. So I think there [9] was, you know, quite Concatmon & Jaeger (314) 421-1000 Miit-U-Script Page 67 - Page 72 WATER PCB-00053213 Gumming M. Patou March 18,1993 Nevada Power Company v. Monsanto Company, et aL a bit of awareness going on as to what [io] happened, and we tried to deal with bodies that would help [it] in that dis semination effort. [12] Q: Between 19 -- Between the time you became [13] employed with Monsan to - was that '66? [14] A: Yes, sir. [i5i Q: Between 1966 and the time that you left as [i6] product manager in 1976, do you know whether General [17] Electric had any medical people on their staff? [is] A: I can't say specifically that they had. [19] Q: Do you know whether they had any toxicologist [20] pi] MR. FEATHERSTONE: Wait a minute. Are you [22] interrupting his answer, Mr. Bradley? [23] MR. BRADLEY: I don't know. Am I interrupting [24] your answer? I don't mean to. Were you done? [25] Q: (By Mr.Bradley) My question was, do you know Page 73 [i] whether they had any medical people on their staff. You [2] want to answer that again? [3] A: I'm not the right person to ask that question [4] of.There would be others in Monsanto that would probably [5] have, could give you a much better answer than I could. [6] Q: During the time, the five year period of time [7] you were product manager for the dielectrics selling to GE [8] and Westinghouse, do you know whether GE and Westinghouse [9] had medical people on their staffs? [io] A: I'm pretty certain they did. [ii] Q: All right. And do you know whether GE and [12] Westinghouse, while you were product manager, had [13] toxicologists on their staffs? [14] A: That, I don't know. My instincts would be [is] they did, but I cannot say a hundred percent certain. [i6] Q: During the time you were product manager, [17] would you expect an electrical utility company to have a [is] medical doctor on their staff? [19] A: Yes, I would think so. [20] Q: While you were product manager, do you know of ]2i] one electric utility company anywhere in the United States [22] that had a medical doctor on their staff? [23] A: I don't know if I could answer that. [24] Q: Well, during the time you were product [25] manager, do you know of any electrical utility company that Page 73 - Page 77 Page 74 [1] had a toxicologist on their staff? [2] A: I can't recall. [3] Q: You wouldn't have expected electrical utility [4] companies to have the degree of sophistication on [5] toxicology issues while you were product manager, at least [6] in com parison to Monsanto, would you? [7] A: I don't know because it depends a great deal [8] on the electrical utility. [9] Q: Have you ever spoken with anyone from Nevada [io] Power Com pany? [11] A: No. [12] Q: Have you ever spoken with anyone whose told [13] you that they've spoken with anyone from Nevada Power [14] Company? [is] A: Not that I recall. [16] Q: Have you seen any documents written by [17] Monsanto employees directed to Nevada Power Company? [is] A: Not that I recall. [19] Q: Have you seen any documents from the ANSI [20] committee directed to Nevada Power Company? [21] A: Not that I recall. [22] Q: Have you seen any documents from the ANSI [23] committee directed to any electric utility company? [24] A: No. But that doesn't mean that it wasn't [25] done. Page 75 [i] Q: Nor does it mean that it was done; is that [2] fair to say? [3] MR. FEATHERSTONE: Well, we're not getting [4] anywhere with this, Mr. Bradley.Just ask the question. [5] Q: (By Mr. Bradley) Is that fair to say? [6] MR. FEATHERSTONE: Ask the ques tion. [7] MR. BRADLEY: I asked the question. [8] MR. FEATHERSTONE: Utilities had [9] representatives on the ANSI commit tee. [10] MR. BRADLEY: I asked the question. I don't [in want to argue would with you. It was a fair question. [12] A: There are others that could give you a better [13] answer than I can. [14] Q: (By Mr. Bradley) But the point was, you [15] didn't see any? [16] A: I can't recall that I did or didn't. [17] Q: Did Monsanto enter into an in demnity agreement [is] with GE regard ing the sale of PCBs? [19] A: I believe they did. [20] Q: As part of that indemnity agree ment, was GE [21] required to indemnify Monsanto if any claims were made that [22] somebody had lost money or had become injured because of [23] exposure to PCBs? [24] MR. FEATHERSTONE: Object to the form of the [25] question. Page 76 [i] A: I cannot recall the details of that letter [2] now. I remember the letter. [3] Q: (By Mr. Bradley) Tell me what you know about [4] the indemnity agree ment? What did it purport to do? [5] MR. FEATHERSTONE: Object to the form of the [6] question. Compound. [7] Q: (By Mr. Bradley) What did the in demnity [8] agreement purport to do? [9] A: As I recall, it drew attention to the issue of uo] the report, saying that PCBs were persistant in the [in environment, and I can't remember all the legalese. I was [12] not a party to the, you know, the legal points of that [13] document. As a product manager, there was a very prac tical [14] side to having such a document, and -- [15] Q: What was the practical side? [16] A: The practical side was that we were - we had [17] gotton out of the heat transfer fluid business. There were [is] people that still wanted to use PCBs because of the [19] benefits that they confer, the safety benefits, the fire [20] resistance, which were very important to many applications. [21] The products had been - were used because they didn't break [22] down readily. That was the safety fire resistent advantage [23] they had. They got various industrial ratings, as far as [24] insurance, et cetera, and the safety of employees was [25] involved, but we got out of that business and we were Page 77 [1] determined that we would not sell to, what we thought were [2] closed sys tems but found there could be leaks and could be [3] inadvertent spills and so forth. But the industry, the [4] users in the dielectric industry, the capacitor and [5] transformer manufacturers and users claimed they did not [6] have any re placements. The work done by these interagency [7] committees and the Government recommended that the use in is] dielectrics continue. So as a product manager, I had to [9] satisfy my management that I wasn't selling into [10] applications that were considered, you know, no longer -- un You know, we no longer can supply and could only sell to [12] quote, "The Dielectric Users." So from a practical matter, [13] having this sort of letter was useful to me, leaving aside [14] any of the other ramifications, because then it meant we [15] would only sell to those people who had signed the letter [16] and, as I recall, at one time we used to sell to [17] transformer repair shops, for example, maybe even to ns) Mm-U-Script Concannon & Jaeger (314) 421-1000 WATER PCB-00053214 Nevada Power Company v. Monsanto Company, et aL Gumming M. Paton March 18, 1993 utilities that did their own transformer repairs, I cannot [19] recollect now,today, but we gradually narrowed it down po] that it only went to the manufacturer or his designated pi] locations for which he took responsibility. So then we [22] were able to do the absolute best we can to make sure that [23] we looked after that industry as they struggled to find [24] replacements and yet, we didn't break what we publicly [25] stated was our goal in getting us out of other Page 78 [1] applications. [2] Q: After Monsanto entered into the indemnity [3] agreements with GE and Monsanto - excuse me, GE and [4] Westinghouse, thank you - what was your understanding of [5] what would happen if somebody sued claiming an injury from [6] exposure to PCBs? [7] A: I know I probably thought ofthat, but I can't [8] recall what I thought at the time. [9] Q: What did you think the indemnity agreements uo] did, if anything, regard ing that situation? [ii] A: As I say, I did not look at this through the [12] eyes of a lawyer looking at what it meant. I was looking [13] at the feet that it was one means of having responsible [14] customers take - you know, knew what all the issues [15] sur rounding PCBs were, and then I had a means of being able [16] to say okay, if you signed this letter, then okay, we can, [17] in feet, sell you, and it needed to be substantial. [is] Q: Are you saying that you didn't give any [19] thought whatsoever to what would happen if somebody alleged po] an injury from exposure from PCBs fol lowing entering into pi] these indemnity agreements? [22] A: No, I didn't mean that. I mean I was not [23] looking at this from the legal standpoint. [24] Q: All right. Let me ask it again.What was [25] your understanding of what would happen following the Page 79 [i] signing of this indemnification agree ment between Monsanto [2] and GE and Westinghouse if somebody sued alleg ing injury [3] from exposure to PCBs? [4] A: That would be a matter that would be taken up [5] within Monsanto by people, other than me. [6] Q: Did you have any understanding of whether [7] Monsanto would have to pay if there were any damages proven [8] because of exposure to PCBs? [9] MR. FEATHERSTONE: Object to the form. [10] A: That's something that I -- You're asking me [lij'to go back almost twenty years in time and say what did I [12] think on a certain issue, and I cannot recall what I [13] thought at that time. U4] Q: (By Mr. Bradley) All right. Fair enough. [15] And how did Monsanto, either through the Federal Register [16] or the ANSI committee or publications in the Wall Street [17] Journal, how did Monsanto inform the world that it had [is] entered into these indemnification agreements between GE [19] and Westin ghouse? po] MR. FEATHERSTONE: Object to the form. [21] A: I can't recall how that was done. [22] Q: (By Mr. Bradley) Do you recall whether [23] Monsanto informed anyone that it had entered into [24] indemnifica tion agreements with GE and Westin ghouse? [25] A: What I do know, if people came to us and Page 80 HI wanted to buy PCBs and we asked, "Have you signed?" In [2] feet, we had a list. If they weren't on that list, we [3] would then probably send them a letter or I would call and [4] explain to them on the phone that this needed to be done, [5] and we would then send them a copy and the, how to go about [6] it if they did. [7] Q: My question -- Maybe my ques tion wasn't [8] clear. My question was, how did Monsanto tell, let's say [9] electric utility companies, that it had entered into [10] indemnification agree ments with GE and Westinghouse [in regarding the sale of PCBs? [12] A: I can't -- Today, I can't remember what was [13] done in that area. I just can't remember. There are [14] probably people that could answer your question. U5] Q: Including people who might say nothing was [16] done and people who might say a lot was done? ini MR. FEATHERSTONE: You don't need to answer [is] that. [19] A: I can't speculate on that. I think there were [20] people that would have been more involved in that part of [21] it than I was. [22] Q: (By Mr. Bradley) And what people would that [23] be? [24] A: I can suggest for starters people like [25] possibly Bill Papageorge; possib ly Paul Benignus. Page 81 HI Q: And if neither of those gentlemen know whether [2] Monsanto told electric utility companies about the [3] indem nity agreements, what other people might have that [4] information? [5] A: Might be the people that were in marketing - [6] director, business group director - or maybe even some of [7] the legal positions in the company. [8] Q: And who were the marketing and business [9] directors after the indem nification agreement was signed [io] who might know how Monsanto told electric utility companies [in about the existence of those agreements? [12] THE WITNESS: Are you asking the names of the [13] people? [14] MR. BRADLEY: Yes. [15] A: Okay. The marketing director, as I recall, [16] was a Tom Gossach, Thomas Gossach. [17] Q: Anyone else? [is] A: The other one is Howard Bergen, B-e-r-g-e-n. [19] Q: I'm going to show you Plaintiff's Exhibit 1575 [20] and ask you to review that. Exhibit 1575 is a May 13th, p u 1969 internal memorandum from W.R. Richard to the file and [22] you are listed as one of the people that received a copy of [23] it; is that correct? [24] Q: Yes. [25] Q: Do you recall seeing this docu ment? Page 82 [1] A: I don't recall. I do not recall. [2] Q: Do you recall learning about Professor Widmark [3] and his studies, at least by May 13th, 1969? [4] A: I am pretty certain that I had heard about him [5] before May 13th, 1969, yes. [6] Q: What, ifanything, did Monsanto do to inform [7] electric utility companies about Professor Widmark's [8] studies in volving PCBs? [9] A: I don't know because at that point in time, I [ioj had nothing to do with dielectrics. [ii] Q: All right. Well, in 1971 when you became [12] product manager, what was Monsanto doing to inform electric [13] utility companies about the findings of Professor Widmark [14] regarding his studies involving PCBs? [is] A: I cannot recall specifically but I seem to [16] recall that letters had already gone out to groups of [17] companies in the dielectric area and I cannot now recall [is] specifically what the composi tion of that group was, but [ 19] there were many letters that went out to specific groups in po] that time frame and, as best I can recall, records of that [21] would have been kept. [22] Q: And the letters that went out were going to [23] manufacturers of transformers and capacitors using [24] dielectrics? [25] A: Certainly, to those, and I don't know -1 Concannon & Jaeger (314) 421-1000 Min-U-Script Page 78 - Page 82 WATER PCB-00053215 Gumming M. Paton March 18, 1993 Nevada Power Company v. Monsanto Company, et al. Page 83 HI cannot recall now whether they went beyond that, to the [2] next phase, be cause the utilities would have been generally [3] customers of customers. [4] Q: Did Monsanto require manufac turers of [5] transformers and capacitors containing PCB products made by [6] Monsanto to carry a label warning which described the [7] results of the Widmark studies regarding PCBs? [8] MR. FEATHERSTONE: Object to the form of the [9] question. no] THE WITNESS: Could you repeat the question? [ii] MR. BRADLEY: I'll break it down a little bit. [12] Yes. [13] Q: (By Mr. Bradley) Did Monsanto require General [i4] Electric to place on electrical transformers a warning that [15] notified the purchaser of the electri cal transformer of the [i6] results of the studies performed by Professor Wid mark? [17] A: I cannot recall if we did that or not. [is] Q: Did Monsanto require--Actually, let me stop [i9] for a moment. [20] MR. BRADLEY: Would you read the question pi] back? [22] (Whereupon, the reporter propounded the previous question.) [23] Q: (By Mr. Bradley) Did Monsanto require that [24] Westinghouse place on its electrical transformers a warning [25] that described the results of the studies of Professor Page 84 [l] Widmark? [2] A: I cannot recall and I -- You know, I cannot [3] -- There would be a time element there too, I would think. [4] If we did do so, it would have been - time would have [5] entered into it because some studies would have been done [6] to see whether or not we better under stood what Widmark was [7] finding. [8] Q: You had indicated earlier that equipment was [9] not developed until a certain period of time to assist in [io] determining lower levels of PCBs in the environment; is [ii] that correct? [i2] A: Yes. What I meant was, that this was an [i3] evolving technology. [i4] Q: And the technology had evolved by the end of [15] the 1960s to do those analyses; isn't that true? [16] MR. FEATHERSTONE: Object to the form. [17] Q: (By Mr. Bradley) Is it true by the end of the [is] 1960s, the technology existed to determine the presence in [19] the environment down to parts per bil lion? [20] A: I'm not sure if it could go down to parts per pi] billion at that time, be cause I think there was still some [22] controversy over the techniques, the methodologies and [23] accuracy. So it was an area in -- You should address that [24] to an analytical chemist. [25] Q: Doyouknowwhether,bvthelate '60s, the Page 85 [1] technology existed to determine the presence of PCBs in the [2] environment down to parts per million? [3] A: I would be guessing if I gave you an answer. [4] Again, the analytical re search chemists are the best people [5] to give you answers to that. [6] Q: Do you know whether, during the late '50s, [7] 1950's and 1960s increased interest in the presence and [8] effects on the environment of chlorinated hydrocarbon [9] pesticides resulted in the development of sophisticated [10] analytical methodologies and capabilities of detecting PCBs [ii] at ex tremely low levels of concentration? [12] MR. FEATHERSTONE: Could you maybe repeat that [13] a little more slow ly for me? [14] Q: (By Mr. Bradley) Do you know whether, during [15] the late 1950s and '60s increased interest in the presence [16] and the effects in the environment of chlorinated [17] hydrocarbon pes ticides resulted in the development of [is] sophisticated analytical methodologies with capabilities of [19] detecting PCBs at extremely low levels of concentration? [20] A: In the late '50s and early 60s, I would not [21] have been following that particular specialty closely [22] enough to come to a definite conclusion, to give you a [23] definite answer. [24] Q: I'm going to now show you Plaintiffs Exhibit [25] 1578. Page 86 [i] MR. FEATHERSTONE: Off the record. [2] (Whereupon, a discussion was held between Counsel, off the [3] record.) [4] THE WITNESS: What do you want me to do? Do [5] you want me to read this? [6] MR. BRADLEY: I'd like you to review it. [7] MR. FEATHERSTONE: WeU, let's go off the [8] record. [9] (Whereupon, a twenty minute recess was taken.) [10] A: I think this would be an example [in MR. FEATHERSTONE: He asked a question. hasn't [12] Q: (By Mr. Bradley) My first question is, have [13] you had a chance to review the document? [14] A: Well, again, I mean I can scan this quickly, [15] if that would help, or if you want me to.Ifyou're going [16] to get into questions in every paragraph, then I would have [17] to go through every one very carefully. I can go through [is] and see. [19] MR. FEATHERSTONE: I think he wants you to [20) review the document, just so that you know basically what [21] it is. If he asks you a specific question about a specific [22] paragraph, then we'll read it. Off the record. [23] (Whereupon, a discussion was held between Counsel, off the [24] record.) [25] THE WITNESS: Okay. Page 87 [l] Q: (By Mr. Bradley) This is a docu ment entided [2] "Polychlorinated Biphenyls, A presentation to the Ontario [3] Hydro Electric Commission, Canadian Interdepartmental [4] Wotking Party of PCBs, Canadian Capacitor and Trans former [5] Manufacturers," dated November, 1972 by Monsanto Canada, [6i Limited; is that correct? [7] A: Yes. [8] Q: And the next page is a, "Historical Summary of [9] PCB Environmental Issue," by W.B. Papageorge; is that [io] correct? ml A: Yes. [12] Q: Mr. Papageorge was a Monsanto employee? [13] A: Yes. [14] Q: And when you became project manager, what [15] position did Mr. Papageorge have? [16] MR. FEATHERSTONE: Product. [17] MR. BRADLEY: Product.Thank you. [is] A: I cannot recall his exact title, but it had to [19] deal with -- He was the focal point for external [20] communica tions, if you will, contacts with agencies, [2i] industry associations and so on, regarding anything to do [22] with toxicological or environmental or in dustrial hygiene [23] questions regarding our products. [24] Q: (By Mr. Bradley) All right. On the 5th [25] paragraph of the Historical Sum mary prepared by W.B. Paga 88 [i] Papageorge, it says, "In late 1966, Drs Jensen and Widmark, [2] Analytical Chemistry Laboratories, University of Stockholm, [3] identified those peaks as polychlorinated biphenyls and [4] claimed to have found these materials in many foods, human [5] milk, infant hair, pine needles and in feathers from a [6] mounted eagle in a museum. The results Page 83 - Page 88 Min-U-Script Concaimon & Jaeger (314) 421-1000 vI I ( ) WATER PCB-00053216 Nevada Power Company v. Monsanto Company, et aL Gumming M. Paton March 18,1993 of this study were m published in 1967." Do you know whether Monsanto [8] communicated that information to electrical utility [9] companies purchas ing transformers and capacitors contain ing [io] PCBs manufactured by Monsan to? [11] THE WITNESS: At what point in time? [12] MR. BRADLEY: At any point in time while you [13] were a Monsanto employee. [14] A: Well, I cannot specifically recall. I [ 15] certainly would not have been aware of anything in the '66 [16] through '67 time frame, that's for sure. in] Q: (By Mr. Bradley) Well, following '67, do you [is] know whether Monsanto communicated that information to any [19] of the electrical utility companies purchasing transformers poj and capacitors containing PCBs manufac tured by Monsanto? [2i] A: What I cannot recall is whether or not there [22] were mailings that went out specifically to the electrical [23] utilities, or whether that was put together, you know, [24] through other means, and I just really cannot recall. [25] Q: How about -- Page 89 ID MR. FEATHERSTONE: Before you go on, may I [2] hear the question, please? [3] (Whereupon, the reporter propounded the previous question.) [4] Q: (By Mr. Bradley) How about after the time [5] when you became product manager? Did Monsanto ever inform [6] electric utility companies purchasing transformers and [7] capacitors that con tained PCBs manufactured by Monsanto of [8] the information that I read from the 5th paragraph of the [9] first page of this Exhibit, second page of this Exhibit? [io] A: It would have been communi cated to our direct [in customers - that I feel fairly certain. It would have been [12] communicated through the ANSI-type committees that were set [13] up, and an example of this is the thing that was done in [14] Canada. [15] MR. FEATHERSTONE: What thing are you [16] referring to? [17] THE WITNESS: The 1578 Exhibit that I have in [is] front of me. [19] MR. FEATHERSTONE: Okay. [20] A: I personally would have delegated, left a lot pi] of that respon sibility to Paul Benignus, who had been in [22] the dielectric industry for many, many, many years, with a [23] very good reputation in the industry, and was a very [24] capable manager. I had three particular groups reporting [25] to me at the time. I was focusing my own atten tion Page 90 [i] probably more in the area of heat transfer fluids and the [2] process solvent area, although I would have been in weekly, [3] and sometime daily, contact with both Papageorge and [4] Benignus as to what was going on. I would have looked to [5] them to have Carried the ball, in terms of communication. utility companies purchasing trans formers [19] and capacitors with PCBs manufactured by Monsanto that [20] Monsanto had launched a multipoint program to obtain more [21] information about PCBs and their presence and im pact on the [22] environment? [23] A: Well, in 1967/1968, I had no responsibilities [24] for dielectric fluids. [6] Q: The next paragraph says, "During 1967, other [7] investigators using Jensen's method established the [8] presence of polychlorinated biphenyls in samples from the [9] environment. By late 1967 and early 1968, presence in the [io] environment was fairly well estab lished but in many [in instances, could not be explained. All of the early [12] reports indicated that the polychlorinated biphenyls being [13] identified represented mixtures of the higher chlorinated [14] isomers." So my question now is what, if anything, did [15] Monsanto do to give that information to electric utility [16] companies purchas ing transformers and capacitors that [17] contained PCBs manufactured by Mon santo? [is] A: In the time frame 1966 to 1968,1 don't know [19] because I didn't have responsibility then. [20] Q: And following '68? [21] A: Well, following '68, Monsanto launched a -1 [22] think before, in early '68, we launched a very full scale [23] program as indicated in Mr. Papageorge's presentation to [24] the On tario Commission, to obtain more infor mation and what [25] the impact on the environment was. [25] Q: And following '68, would your answer be the Page 92 [i] same, I should direct my question to these two other [2] gentlemen? [3] A: I think from the people -- Yes. I think all [4] the way through. Certainly, I did not have responsibility [5] for developing these programs because they were developed, [6] obviously, by people other than me in the '67/'68 period. [7] I had some involvement be cause of tlie plasticizer aspect, [8] and was aware; and then I was again, as you know, for two [9] years. When I came back, there were those like Papageorge [io] and Benignus that had been there for a period of time, with [in us for many, many years, who have as much -- I don't know [12] about his recollection, but cer tainly he would have been [13] the one that had the most continuity in all this. [14] Q: In file corporate scheme offilings within [15] Monsanto at file end of 1971, weren't you file person [16] responsible for making certain that -- [17] A: Yes. [18] MR. FEATHERSTONE: Just minute. [19] THE WITNESS: Sorry. a Page 91 ID Q: Well, my question, though, was how did [2] Monsanto communicate the information contained in the 6th [3] para graph of page two of this Exhibit to electrical utility [4] companies that were purchasing transformers and capacitors [5] with PCBs manufactured by Monsan to? [20] Q: (By Mr. Bradley) Weren't you the person pi] responsible for making cer tain that Monsanto informed the [22] pur chasers of products manufactured by Monsanto containing [23] PCBs about any concerns Monsanto had regarding those [24] products? [25] A: Yes. And if the utilities were, in fact, [6] A: And I think, as I've indicated Page 93 several times [7] earlier, the two people that I would refer you to there [8] would be either Mr. Papageorge or Mr. Benig nus or both, [9] because they have a continuity that I do not have. [i] purchasers, they would have been, I'm certain. I can't p] absolutely swear to it today, it's so many years later, but [3] I'm certain they would have been. If they were not [4] customers of ours, [io] Q: All right.The next paragraph says, there's a question of who - you know, [5] "At this [ii] point..." which I assume how do we know who they are. means in 1968. Are you following? [12] [6] Q: Well, did you ask GE who file Down at the bottom. electrical [7] companies were that were [13] A: Yes. purchasing electrical transformers [8] [14] Q: "At this point, Monsanto and capacitors that contained PCBs launched a multipoint [15] program manufactured by [9] Monsanto? aimed at obtaining more information [io] A: There are other ways of going about [ 16] polychlorinated biphenyls and about it. You [ii] furnish the information their presence and impact on [17] the to them and they could go forward [12] environment." What, if anything, did and explain to the people that they sold Monsanto do to [is] inform electric I the equipment to [13] what it is that's in :oncannon & Jaeger (314) 421-1000 Min-U-Scrlpt Poop 80 - Pavp WATER PCB-00053217 Camming M. Paton March 18,1993 Nevada Power Company v,, Monsanto Company, et al. there and so on, because they were [14] putting it, they were putting in fluid that they requested. [15] We did not in any way tell them what to put into those [16] transformers or into those capacitors. [17] Q: My question was, though, that after you became us] product manager, did Monsanto ask GE what electrical [19] utility companies were purchasing from GE electrical po] transformers and capacitors that had PCBs manufactured by [2i] Monsanto? [22] A: I can't recall if we did or didn't. That's [23] not to say we didn't. I cannot remember. [24] Q: Did you seek that information from [25] Westinghouse? Hi A: I cannot remember. Page 94 [2] Q: Did you seek it from any of your customers? [3] A: I personally cannot remember. [4] Q: In 1968 -- Let me rephrase this. After you [5] became product manager, what, if anything, did Monsanto do [6] to tell the electric utility companies pur chasing [7] transformers and capacitors that contained PCBs [8] manufactured by Monsanto that Monsanto, as part ofan [9] effort to determine the presence and impact of PCBs on the [10] environment, decided to conduct animal toxicity studies? [11] THE WITNESS: I'm sorry. I'm having [12] difficulty hearing you. Can you repeat that again, please? [13] MR. BRADLEY: Actually, how about if he reads [14] it back? [15] (Whereupon, the reporter propounded the previous question.) [161 MR. FEATHERSTONE: Objection. Repetitive. [17] Mr. Bradley, he's already told you of the ways that [is] Monsanto approached, he's already referred you to [191 Papageorge and Benignus. What more is to be gained on this [2oj subject? [2i] A: You know, we are looking back twenty years and [22] I cannot recall. I also think there's a situation that, in [23] many cases, we did not sell to utilities. Now, there was [24] some we probably did sell to. I cannot remember now. If [25] we sold to them, I'm fairly certain that we did communicate Page 95 [l] with them, but there were certainly vehicles set up through [2] this ANSI Committee that I have read about, in which the [3] electrical utility industry nominated people to be there, [4] and that was documented, and there was a great deal of [5] effort and communica tion that went to that. Now, I think [6] that, as I said several times, there are two people within m Monsanto that may have a better recollection than I have, [8] and probably would have, because they have been on the [9] front line on this issue. [10] Q: Let me see if I can do this in a more [i 1] abbreviated fashion.Would you read carefully, if you [12] haven't already, the page that is, that has at the top the U3] number two as part of Plaintiff's Exhibit 1578? Then if [14] your counsel will allow me to ask a multiple, com pound [is] question, I might be able to save us all some time. On [16] page two, at the top of the page, there are the numbers 3 [n] through 7, and then fol lowing that, it says, "Studies [is] per formed throughout the world have resulted in the [19] following findings," and there is one through ten, and at [20] the end of that, I think it says, "Because of its presence [21] in the environment and indicated effects on some species of [22] wild life, coupled with the concern regarding the effect on [23] humans of low level, long-term exposure, Monsan to [24] voluntarily instituted a worldwide program for terminating [251 the sale of polychlorinated biphenyls to those uses in Page 96 [i] which control of escape to the en vironment was [2] impractical." So my question is,ifI ask you what [31 Monsanto did to relay the information contained on page two [4] and going into page three to electrical utility companies [5] who purchased transformers and capacitors with PCBs [6] manufactured by Monsanto, would your answerbe that you [7] hadn't participated in the ANSI study and Mr. Benignus and [8] Mr. Papageorge would know better what Monsanto did to relay [9] that informa tion? [io] A: Yes. [ii] Q: Okay. [12] THE WITNESS: Are we finished with 1578 now? [13] MR. BRADLEY: Yes. [14] Q: (By Mr. Bradley) I'm going to now show you [15] Plaintiff's Exhibit 336? [16] THE WITNESS: Thank you. [i7j MR. BRADLEY: Have you had a chance to review [isj that? [19] THE WITNESS: Yes. [20] Q: (By Mr. Bradley) When you were product [2i] manager, were PCBs being used in other parts of the world? [22] A: Yes. [23] Q: Were PCBs being used in England when you were [24] product manager? [25] A: I'm pretty certain they were. @ Page 97 in Q: Were PCBs being used in Japan when you were [2] product manager? [3] A: Yes. [4] Q: Was there a point in time when you became [5] product manager that you learned thatJapan was no longer [6] going to allow the manufacture of electrical machinery and [7] equipment containing PCBs? [8] A: This would refresh my memory. If you had [9] asked me, I wouldn't have remembered it. [10] Q: And do you know whether there was a point in [ii] time when you were product manager that England made a [12] decision that they would no longer allow the manufacture of [133 electrical machinery and equipment that con tained PCBs? [14] A: I cannot recall that, no. [15] Q: Do you recall whether Monsanto told electrical [16] utility companies pur chasing electrical transformers and [17] capacitors with PCBs manufactured by Monsanto that Japan [is] had passed a law that would prohibit the manufac ture of [19] electrical machinery and equipment which contains PCBs [20] after September of 1972? [21] MR. FEATHERSTONE: Object to the form. [22] A: I cannot recollect that Japan passed a law. [231 All I can go on is this memo from one of our people in a [24] joint venture we had in Japan and, you know, this seems to [25] -- This seemed to have led, as I read this memo, lead to Page 98 [ii the producers in Japan deciding to close down, but it [2] didn't seem to stop PCBs being used, and it seemed to allow [3] mechanisms whereby PCBs could still come into Japan. [4] Possibly there were two things happening in Japan. They [5] were concerned about the contamina tion near some plants and m they were using that to try to get production stopped, but m they seemed to be also aware of the essential needs in some [8] areas. [9] Q: And is Plaintiff's Exhibit 336, a March 22nd, [10] 1972 letter from T. Katayama, with the Mitsubisi/Monsanto [11] Chemical Company to Paul Benignus in the St. Louis Monsanto [123 Company? [13] A: I have no reasonto believe it isn't. [14] Q: You're listed as someone who received a carbon [15] copy; is that cor rect? [16] A: Yes. [17] Q: And the second paragraph ofthat letter, going [isj down to A, through A, says "The Ministry of International [i9] Trade and Industry (MITI) issued notice yesterday to almost [20] every industrial association concerned, as summarized in [2i] the following: A, No electrical machinery and equipment [22] which contained PCBs must be manufactured Page 94 - Page 98 Min-U-Script Concannon & Jaeger (314) 421-1000 WATER PCB-00053218 Nevada Power Company v. Monsanto Company, et al. Gumming M. Paton March 18, 1993 after September [23] 1, 1972." Is that what it says? [24] A: Yes. [25] Q: Was it your understanding that in 1972, the Page 99 [i] Ministry of International Trade and Industry for Japan [2] issued notice that prohibited the manufacture of PCBs in [3] electrical machinery and equipment? [4] A: All I have to go on today is what I see in [5] this memo. [6] Q: Okay. And you recall having seen this memo? [7] A: I don't recall. Again, I'm not deny ing. I [8] just can't recall it. [9] Q: Twenty-one years ago? [10] A: Yes. [ii] Q: When you became product manager, did you know [12] that re searchers were finding PCBs in human mother's milk? [13] A: No. I can't recall that. [14] Q; While you were product manager, did you ever [15] learn that researchers were finding PCBs in human mother's [16] milk? [17] A: I can't recall. The only thing is what I saw [is] in this one. I don't recall that being something that was [19] very prevalent. Maybe I did see it. [20] Q: Do you know whether Monsanto ever informed pi] electrical utility com panies that PCBs were being found in [22] human mother's milk? [23] A: My answer to this would be the same answer [24] I've given on the others. [25] MR. FEATHERSTONE: Let's go off the record. Page 100 [i] (Whereupon, a discussion was held between counsel, off the [2] record.) [3] Q: (By Mr. Bradley) During the time that you were [4] product manager, would Mr. Papageorge and Mr. Benignus have [5] been the ones, if there was anyone, who would have [6] communi cated to electrical utility companies the [7] information that Monsanto had regarding the effects of [8] PCBs? [9] A: They would have been in the dielectric area. [10] They would have been the prime instigators. [11] Q: Who else within Monsanto, if anyone, would [12] have communicated to electrical utility companies [13] pur chasing transformers and capacitors with PCBs [14] manufactured by Monsan to regarding the information Monsanto U5] had on PCBs? [16] A: If there was a general mailing to groups of [17] customers, one of two people might have signed such a [is] letter. One would have been Howard Bergen, who was the [19] business group director at the time; the other was Tom [20] Gossach, who was the director of marketing. pi] Q: And if the electrical utility was not a direct [22] customer of Monsanto, then they would not have received a [23] letter from one of those two gentlemen? [24] A: That's where I have this blank. I don't know [25] if they did or didn't get a letter. If it had been a Page 101 [i] general mailing, I think either Gos sach or Bergen would [2] have signed it. If it was one of a more -- Since these [3] are customers of customers, it would be changed from the [4] the letter or the communication that might have gone out [5] from Papageorge and Benignus through the network that they [6] had set up. [7] Q: But you don't know whether in formation went [8] out to electrical utility companies and if it did go out, [9] you don't know what it said; is that fair to say? [io] A: No. Well, I cannot remember. If anything had [ii] gone out as a general letter, then I would have, in the [12] time that I was product manager with respon sibility for [13] fluids or dielectrics, or any other product containing [14] PCBs, I cer tainly would have participated in the [15] discussion. Ifthey had come and recom mended to me it be [16] done, to the best of my recollection, I wouldn't have said [17] no. My motis opperandi would have been to do, you know, [is] more com munication rather than less. That would have been [19] my style at that particular time. [20] Q: You just don't recall? [21] A; I just do not recall. [22] Q: All right. [23] THE WITNESS: Can we take a break for a minute [24] or two? [25] MR. BRADLEY: Yes. Page 102 [1] (Whereupon, a ten minute recess was taken.) [2] Q: (By Mr. Bradley) I'm going to show you now [3] Plaintiff's exhibit 1536 and ask you to review that [4] document. I want you to review it with enough [5] particularity to tell me whetheryou ever recall seeing it [6] before. [7] A: I can't recall this particular article. [8] Q: All right. When you became product manager, [9] was there a file of materials that were intended for you as [10] product manager? [11] A: There would have been, you know, all the files [12] that I wanted, and clearly it would have been impossible to [13] go through every file and go through everything. My style [14] would have been to have gotten the people that reported to [15] me together and brief me on what was going on, what the key [16] issues were, what were they doing about it, what did I need [17] to focus on fairly quickly, and then I would have then set [is] up times for them to come in and brief me about the the [19] applica tions, so that I got up to speed. And they would - [20] I would have asked them, or they would have come in where pi] they would have given me documents that they would have [22] thought particular ly relevant. It's unlikely -- Either [23] they would have summarized -- They might have shown me [24] this first sheet. I would not have sat down at waded [25] through this because I would have looked to Emmet Kelly and Page 103 [l] Elmer Wheeler, a Bill Richard or a Scott Tucker and so on [2] to have, you know, addressed and told me what all this [3] meant or didn't mean. [4] Q: Did you have an index ofthe docu ments within [5] yourfile when you were product manager? [6] A: My secretary would have probably kept, you [7] know, filing lists. I would have looked to her to be [8] up-to-date and to know where thinks were. In those days, [9] more luxury, you just tell them to do it. Now I would [io] probably have to go out and do it myself. [ii] Q: Do you know whether, when you left in 1976, [12] whatever index your secretary had was kept at Monsanto? [13] A: She would, I think, still have been around, so [14] you know, she would have complied with whatever the record [15] retention policy was within Monsanto, I'm sure of that. [16] Q: What work did you do when your position of [17] product manager ended in 1976? [is] A: I'm trying to think. There was a period when [19] I was kind of manager of markets and products, because they [20] added a lot of other things, and so I might have been -- pi] At that time, a David Wood, who had replaced Benig nus, who [22] had retired, and I can't recall if -1 think he reported to [23] me for some point, but whether this was pre 1976 or a short [24] time later, I cannot recall. Then I went to the ps] plasticizer division as a director of commercial Page 104 [i] development, but by then plasticizers didn't have any PCBs, [2] and I was look ing at totally other product applications; [3] and after two years, I think, there, I went to Brazil and I [4] lived in Brazil for almost six years.______________________ Concannon & Jaeger (314) 421-1000 Mln-U-Script Page 99 - Page 104 WATER PCB-00053219 Gamming M. Patou March 18,1993 Nevada Power Company v. Monsanto Company, et aL [5] Q: And when you lived in Brazil, were you still a [6] Monsanto employee? [7] Q: Yes. [8] Q: What were you doing in Brazil? [91 A: Initially, I was the commercial director for [io] Monsanto's chemical business in Brazil, and that was three [in years; and then I was asked to stay on and head up a [i2] business develop ment/business investment function be cause U31 they -- Monsanto wanted to increase its investment in [14] Brazil, and so I did that for probably another three years [is] and I came back to the U.S. toward the end of 1984. [i6] Q: And when you came back to the U.S., did you [17] remain a Monsanto employee? [mi A: Yes. [191 Q: And what work did you do then? [20] A: Then I was, had the title, I think, of [2ii Director of International Develop ment and Administration [221 for Monsanto's corporate international operations, and I [23] reported to the managing director, who was the senior [24i person responsible for Monsanto's international business. [25] Q: All right. What work did you do next? Page 105 [il A: I then got involved in negotiating a joint [21 venture in Korea because the chemical company wanted to get [31 into Korea, and so I spent almost eight or nine months as a [4] second person on the team, in terms of negotiations.When [5] the decision was made to go ahead, I was asked to go to [6] Korea to co manage the product, projects, along with a [71 Korean and I spent almost three-and-a-half years and came [8] back at the end of 1990. So I have been back just around [91 two years. [101Q: And you were a Monsanto employee? [in A: All through that time. So from '66 through [121 the end of 19 - until Septem ber, 1991, which is twenty-five [i3iyears. Twenty-five years a Monsanto employee, plus [14] three-and-a-half before but there was a gap in-between. [151 Q: You've been retired since 1991? [i6] A: I retired in September of 1991. [171 Q: All right. I'm now going so show you [is] Plaintiff's Exhibit 1535 and I'd like you to review that to [19] see if you recall it. Do you recall seeing this docu ment? [20] First of all, this is a June 23, 1972 letter from Paul Gann [21] to Mr. C.R.Jordan; is that correct? [221 A: Yes. [231 Q: And it has your name at the top? [24] A: Yes. [25] Q: Have you seen this document before? Page 106 HI A: Not this document, but I recollect many such [21 letters like this going out. [3] Q: Did Monsanto at some point in cinerate [4i dielectric fluids that were brought to it by General [5] Electric and Westinghouse? [6] A: Yes. We offered the service to do that. [7i Q: And you charged for that? [8i A: We charged for that. [91Q: I'm not going to show you Plaintiff's Exhibit [10] 1534, and I want you to review that again for the purpose [ill of determining whether you recall ever seeing the exhibit. [121 A: I can't recall this specific one but again, [13] this is along the lines of what was, had become policy [i4] within the group at that time. [15] Q: All right. I'm now going to show you [16] Plaintiff's Exhibit 1570 and it has a date on it of [17] November 17th, 1969. I'm interested in your informing me [is] whether you've seen that document before. [19] MR. FEATHERSTONE: Sorry. It has what date on [20] it? [2i] MR. BRADLEY: It says at the top, it says, "On [22] November 17th, 1969 we discussed... " And that's, as far as [23] I can tell, the only dates on the document. [24] Q: (By Mr. Bradley) Have you reviewed that [25] document? [2] Q: Have you seen that document before? [31 A: It doesn't trigger any recollection, no. [4] Q: Do you -- From your work with dielectric [5] fluids at Monsanto, do you know whether, in 1969, [6] Monsanto's worldwide business in PCBs involved gross [7] profits of ten million dollars? [8] A: I don't know because in 1969, I didn't really [9] have responsibility for any dielectric product. So I've [io] got no reason to say these numbers are wrong but I can't mi confirm they're right either. [12] Q: Do you know whether, in -- Ex cuse me. What [13] was your job respon sibility in November of '69? [14] A: That is when I was the Market Manager for [15] Specialty Plasticizers and my involvement would have been [16] the plasticizers plus the carbonless copy paper application [17] of the products. [is] Q: And those used sometimes Aroclor 1254 and [19] 1260? [20] A: Yes. I think primarily 1254, as I recall. pi] Q: In November of 1969, did you review any [221 documents within Mon santo that referred to Aroclor 1254 and [23] 1260 and the growing of pollution hysteria regarding those [24] chemicals? [25] A: You know, I don't know who wrote this, so you Page 108 HI know, I cannot recollect participating and preparing this [2] document, but that wouldn't be that important because at [3] the level I was at then, in my some what limited [4] responsibility in the PCB area, it would have been, more [5] than likely, the initiative would have been taken by other [6] people. [7] Q: I'm now looking at page two, in the middle. [8] There's a reference to Congressman Ryan's press conference. [9] A: Yes. [10] Q: Were you informed about Con gressman Ryan's [in press conference while you were a Monsanto employee? [12] A: I think the odds are that I would have heard [13] about it in my normal day-to-day contacts, or might have [14] had something come to me at some point in it. I cannot [15] recall now. I think the odds are I probably would have [i6] been aware of it at the time. [17] Q: And in 1969, would Thomas Gossage, Howard [is] Bergen or Bill Papageorge have been the people responsible [19] for communicating to electric utility companies purchasing [20] transformers and capacitors contain ing PCBs manufactured by [21] Monsanto of the studies that were appearing, showing the [22] presence of PCBs in samples of human milk? [23] MR. FEATHERSTONE: Object to the form of the [24] question. [251 MR. BRADLEY: All right. Then I'll ask it in Page 109 [1] a way that's going to take us awhile. [2] MR. FEATHERSTONE: You don't have to ask it in [3] a way that's going to take us awhile. You're question is [4] objectionable because it implies there was a responsibility [5] on Monsanto's part to do that. If you want to ask the [6] question of whether, if it was done, whether they did it, [7] or would know whether it was done, you can ask that. [8] Q: (By Mr. Bradley) Did anyone within Monsanto [9] in 19 - November of 1969 have responsibility for reporting [io] to electrical utility companies who purchased electrical [in transformers and capacitors containing PCBs manufactured by [12] Monsanto that studies on or about 1969 were showing Page 105 - Page 109 Min-U-Script Concannon & Jaeger (314) 421-1000 WATER PCB-00053220 Nevada Power Company v. Monsanto Company, et al. Gumming M. Paton March 18, 1993 the [i3] presence of PCBs in samples of human milk? [H] A: I don't know because in '69, I didn't have [15] really any responsibilities for dielectric products. [i6] Q: When you became project manager, were you [17] informed that in 1969, November of 1969, Monsanto had [is] determined that absolute identifica tion of PCBs and its [19] effects on the environment were identified as requir ing [20] considerable research? [21] A: I cannot recall being told that in exactly [22] those words, but I certainly would have been briefed and [23] had discussions on where we stood in this whole [24] investigation. [25] Q: When you became project manager, were you Page 110 [1] informed that in 1969, studies had found PCBs in mothers' [2] milk? [3] A: I can't recall being told anything [4] specifically about mothers' milk. [5] Q: Do you recall, when you became project [6] manager, being informed -- m MR. FEATHERSTONE: It's product. [8] MR. BRADLEY: Product manager. that a [9] laboratory had found PCBs in cows' milk on or about 1969? no] MR. FEATHERSTONE: Object to the form. [ii] Q: (By Mr. Bradley) When you be came product [12] manager, were you informed that PCBs were being found in [13] milk from cows? [14] A: I cannot recall, you know, this study says in [15] cows and human milk and so on. I was aware that there were [16] studies that were finding what were alleged to be PCBs in (173 different places, and that what wasn't clear was just [18] exactly what PCBs it was. Was it the higher ones that [19] didn't break down and all of that? So that was still, you [20] know, a subject of a great deal of research within and (213 outside Monsan to. [22] Q: All right. [23] A: But it wouldn't have been be cause anyone was [24] trying to keep information from me. I just can't recall it [25] being brought up specifically. I never had any problem Page 111 m finding out what was going on. [2] Q: When you became product manager, were you [3] informed that PCBs were in the coating on the insides of [4] silos and that the PCBs were getting into the feed stored [5] in the silos? [6] A: That was something that I think I was aware of [7] just before I left the plasticizer group. I think there [8] had been one or two instances of that; or maybe I learned [9] it later, but I can associate that with my plasticizer days [io] because, indeed, of the coatings that were used, but I [ii] think it was -- I can't recall if they just used Aroclor [12] 5460, which was a terphenyl, or whetherthey also used [13] 1260. I can't remember that. That was something I was [ 14] aware of. [15] Q: When you became product manager, did you [16] review any memos from Emmet Kelly, who posed the ques tion [17] in a memo, "When are we going to tell customers not to use tis] any Aroclor in any paint formulation that contacts food, [19] feed or water for animals or humans?" [20] A: Idon't--I mean, I don't know the date of [21] Emmet Kelly's memo. Does he have a date when he posed that [22] question? [23] MR. BRADLEY: March 30th, 1970. [24] A: My recollection is at sometime, I think before [25] I became the product manager, I think there had been some Page 112 [i] mailing indicating that the Aroclor should not be used [2] where they could come into contact with foodstuff and so [3] on. My memory is a bit sketchy, but I think there were [4] some, and I think there was some action taken as a result [5] of that question. [6] Q: Do you know what steps were taken after Dr. [7] Kelly's March 30th, 1970 memo? [8] A: I cannot now recall if there was anything [9] before that or after that. I honestly don't know. Again, [io] there would be other people. Dr. Kelly, him self, Mr. [ 11] Papageorge, again, would be maybe a source of information. [12] THE WITNESS: Are we finished now with 1570? [13] MR. BRADLEY: Yes. [14] Q: (By Mr. Bradley) I'm now going to show you [15] Plaintiff's Exhibit 420, which is a March 30th, 1970 letter ti6j from R. Emmet Kelly, M.D., to W.B. Papageorge, and ask [17] whether you've ever seen that document before? [is] A: No. I can't recall seeing it because at that [19] time, I probably was no longer - in fact, almost certainly [20] wasn't in the plasticizer job. I would have been in the [21] Latin America job. [22] MR. BRADLEY: Would you read that answer back? [23] MR. FEATHERSTONE: He said he was in the Latin [24] America job. [25] Q: (By Mr. Bradley) Well, you didn't see this Page 113 [i] document apparently in 1970, but when you became product [2] manager, did you see this document? [3] A: I can't recall, but I also think by the time I [4] got into the product manager job, I think they had [5] discontinued many ofthe plasticizer sales, I believe. [6] Again, that's my recollection. My memory on dates may be a [7] little bit faulty. [8] Q: When you became product manager, did you ever [9] review a docu ment dated November 10th, 1969 as a rough [io] draft, entitled "Outlining PCB Environmental Pollution [ii] Abatement Plan?" [12] A: Doesn't ring a bell. [13] Q: I'm going to show you Plaintiff's Exhibit 422 [14] and ask you to review that document for me. Have you [15] finished your review? [16] A: Yes. [17] Q: Have you seen that document before? [is] A: Again, I can't recall but it is, you know, [19] possible I have, I did see it. [20] Q: Could you turn to page five for me? [21] THE WITNESS: Is that the chart? [22] MR. BRADLEY: No. No [23] THEWIT NESS: Okay. Uh-huh. [24] Q: (By Mr. Bradley) When you be came project [25] manager- Page 114 [1] A: Product manager. [2] Q: Product manager. - were you in formed that in [3] 1969, someone within Monsanto had indicated that direct [4] lawsuits are possible regarding Monsanto's legal liability [5] with respect to PCBs? [6] MR. FEATHERSTONE: Object to the form of the [7] question. [8] A: I would want to put this document somewhat in [9] context. [io] Q: (By Mr. Bradley) Before you do that, you [ii] should answer my question. [12] A: Did somebody -- I can't recall if they did or [13] didn't. [14] Q: When you became project manager, did anyone [15] within Monsan to tell you that PCBs are present in na ture [i6] already, having done theirquote, "alleged damage," [17] unquote? [is] MR. FEATHERSTONE: Object to the form of the [19] questioning. [20] A: Again, I don't think anyone used these same [21] words. I was aware that there were these reports out [22] there; I was aware that Monsanto was evaluat ing it and I [23] think by the end of 1971, I would have known that Monsanto [24] was saying yes, we have confirmed that Concannon & Jaeger (314) 421-1000 Min-U-Script Page 110 - Page 114 WATER PCB-00053221 Gumming M. Paton March 18, 1993 they are out there, [25] but when I be came product manager in late '71, that's two Page 115 HI years after this particular document, and action had [2] already been taken and was proceeding. I think what you [31 have in this document is a group, from looking at it, [4] primarily technical, had got together, formed their kind of [51 own sort ofad hoc committee to address it, and they threw [6] out options and so on, and that's what it was, but they may [7] not have had all the facts on any particular issue.Where [8] they were ob viously very strong was in the technical area, [9] which was their expertise.That's how we get this. [io] Q: (By Mr. Bradley) You don't know who authored [in this statement? [121 A: I really don't know. [131 Q: It could have been authored by Emmet Kelly, as [14] far as you know? [15] A: Exactly. I don't know who. [161Q: When you became product manager, did anyone [i7i inform you that Monsanto's customers using PCB products [is] have not been officially notified about known effects, nor [19] do Monsanto labels carry information about known effects of [201 PCBs? [211 MR. FEATHERSTONE: Wait a minute. Let me hear [22] the beginning of the question, please. [231 (Whereupon, the reporter propounded the previous question.) [24] MR. FEATHERSTONE: Object to the form of the [251 questioning. Page 116 HI MR. BRADLEY: To the form of ques tioning? [2] MR. FEATHERSTONE: Yes, the form of [31 questioning. You're showing him a 1969 document, reading a [4] statement there, saying did anyone tell him that in 1971 [5] when you know, in fact, it was not true in 1971. [61 A: I think that's the point. I have a hard time, m you know, jumping from this document to 1971 because quite [8] a number of things had happened and I know that -1 think [91 I'm pretty certain - by then, there had been a phaseout of [101 the plasticizer area entirely. Maybe I'm wrong on dates [in but I think there is a phaseout on this. There had been [12] notification to customers. I cannot today recollect when [131 they had been. I do know I was brought in with a mandate [i4i to get on and keep moving in that direction. [i5i Q: (By Mr. Bradley) Let me ask this question [16] this way.When you became product manager, were you [17] in formed by anyone within Monsanto that as of November 10, [is] 1969, Monsanto Page 115 - Page 120 Nevada Power Company v. Monsanto Company, et al. customers using PCB products manufac tured by [19] Monsanto had not been officially notified about the known [201 effects of PCBs, nor did Monsanto's labels carry that [211 information? [22] MR. FEATHERSTONE: Object to the form. [23] A: When I came in, I would have been -- In fact, [241 when I would have been interviewed for the position, people [25] would have given me some information as to what the job Page 117 [1] entailed. When I accepted, they would have sat down and [21 explained to me what was expected of me. I think - and [31 again, I cannot remember the specifics - but they would [4] have first briefed me on what the situation was at that [5] moment in time, which was late 1971, and they probably [6] would have briefed me as to what had been done and what m they intended me to do; and so I would not have necessarily [8] gone back to this particular document two years earlier and [9] used that as mybase. I'd have gone from where we were, [10] and what had been done and then thought out and worked out, [in not in isolation but with the other people in the whole [121 business group, as to where we were going. [13] Q: When you became product manager, did anyone [14] inform you that between November, '69 and the time you [15] became product manager that Monsanto had, in fact, informed [16] its customers using PCB products manufac tured by Monsanto [17] about the known effects of PCBs? [is] A: I cannot today recall how many groups of [19] customers had been in formed, but there would be others, [20] again, with continuity that would be able to answer that. [2i] Q: Did anyone tell you when you became product [22] manager, or did you learn it by reading documents, that in [23] November of 1969, Monsanto developed three courses of [24] action for handling the PCB situation? [251 MR. FEATHERSTONE: Object to the form of the Page 118 HI question. [2] A: I cannot -- No, I don't think anybody told me [3] that but again, I see this as, you know, a document that, [4] taken in isolation, could be interpreted in many different [5] ways. I would see this as a document that the group of [6] people involved in one particular aspect of the problem [7] wrote but out of it, I think there came a management plan [8] and so on,and I don't have to, you know, to know how this [9] evolved. I need to see a set of other documents, which you [10] haven't shown me. [11] Q: (By Mr. Bradley) Do you know whether, in [12] 1969, Monsanto deter mined that it was probably responsible [13] for the U.S. contamination of PCBs and jointly responsible [14] with MCL for the PCB problem in the United Kingdom? [15] A: I can't recall being told that but again, I [16] think this is an opinion of one writer. I would not [17] necessarily have subscribed to that point of view. [18] Q: Well, you don't know whether this was one [19] writer or a group of people? [20] A: Okay. [21] MR. FEATHERSTONE: That's the problem about [22] asking him questions, Mr. Bradley, about a document he [23] wasn't involved in. 124] MR. BRADLEY: I can ask him whether he was [25] told certain informa tion. Page 119 HI MR. FEATHERSTONE: WeU, but then don't get in [2] a quarrel with him when he speculates about his answer. [3] You're asking him to speculate. [4] MR. BRADLEY: I'm not asking him to speculate. [5] I'masking him what he was told when he became product [6] manager. There should be no specula tion about that. [7] A: I cannot remember being told about this [8] particular document, and if I wasn't told, I wouldn't think [9] that was any sign of omission or deliberate with holding of [io] information on the part of my superiors, and if I was told, [in I cannot remember. [12] Q: (By Mr. Bradley) Would you look at page twelve [13] of this document. Under Roman Numeral Twelve, LetterA, [14] Sub 1 talks about implementation of the recommended course [15] of action immediate by 12-1-69. "1. Set up a task force [16] under a project manager or the equivalent responsible for [17] initiating, directing and implementing all action that [is] Monsanto decides to take; this includes sufficient budget [19] necessary to cope with the immediate problems. This task [20] force should include repre sentatives from medical, legal, [21] re search and the two involved marketing groups and public [22] relations and must conduct liason with MCL and other [23] locations involved in the problem." First, did I read that [24] correctly? All right. [25] A: Yes. Page 120 [i] Q: Do you know whether a task force under a [2] project manager was in- Mm-U-Sc*ip4 Concatunon. & Jaeger (314) 421-1000 WATER PCB-00053222 Nevada Power Company v. Monsanto Company, et al Gumming M. Paton March 18, 1993 stituted as discussed in that [3] para graph? [4] A: I cannot recall. I don't think one might have [5] been set up exactly as they indicate. 16] Q: Do you know whether a task force was [7] instituted that may have been similar to what was discussed [8] in this paragraph? 191 A: I cannot recall now if there was a task force [io] or a committee, or that the people that had [it] responsibilities in those areas just worked together as [i2] they would normally have done, and I cannot recall when [13] Bill Papageorge came aboard. Possibly he was brought on [14] about that time. I cannot remem ber now. Part of his job [15] would have been some of what - not all, but some of what [16] they're suggesting there. I can't recall when he came [17] aboard. [is] Q: You don't know whether a task force was [19] developed, then? [20] A: I cannot recall specifically, no. pi] Q: All right. [22] A: But if the implication is because there wasn't [23] a task force, Monsanto wasn't taking it seriously, then I [24] would dispute that because we were taking it very, very [25] seriously. Page 121 [i] Q: Would you look at page thirteen now, under [2] item four at the bottom of the page? It says, "Legally [3] define our present position, recommend reasonable action [4] that will not unduly alarm the market but reduce the [5] ex posure in terms of liability." Do you know whether [6] Monsanto, after November of 1969, had its legal depart ment [7] define the present position and recommend reasonable action [8] that was intended to not unduly alarm the market but would [9] reduce exposure in terms of liability? [io] A: I don't know. [ii] Q: Do you knowwhether the indem nity agreements [12] that Monsanto entered between Westinghouse and General [13] Electric reduced Monsanto's exposure, in terms of liability [14] regard ing PCBs? [is] MR. FEATHERSTONE: Objection. Cummulative. [16] A: I'm not the best one to answer that. [17] Q: (By Mr. Bradley) Would you now turn to the [is] charts at the end of the document? The one that has at the [19] top, "Profit And Liabilities Versus Time." Do you see the [20] chart there? pi] A: Yes. [22] Q: The page has three separate charts, one saying [23] "Do Nothing," one saying "Discontinue Manufacture of PCB," [24] and one that says "Responsible Appraoch." Is that correct? [25] A: Yes. Page 122 [i] Q: The one that says responsible ap praoch was the [2] recommended ap proach, at least according to this docu ment; [3] is that true? Hi A: As I recall, I think that's what they did. [5] I'm certain that's what they would recommend. [6] Q: And the responsible approach, at least if you [7] look at the graph, has Monsanto's profits going up over [8] time; is that correct? [9] A: Yes. [10] Q: And the graph that shows discon tinue [ii] manufacture of PCBs shows profits going directly down to [12] zip; isn't that true? [13] A: Yes. [14] Q: After you became product manager, did anyone [15] indicate to you that Monsanto's approach to PCBs was [16]governed by profits that it intended to make on the [i7] continued sale of PCBs? [is] A: No. I would say that that was something that [19] was way down on the list of priorities. Yes, we were [20] ob viously looking at the cost and what all ofthe cost [2ij might be, but we were not driven. We were trying to do 122] what we thought was right for all involved. [23] Q: And by doing what was right, it also increased [24] yourprofits overtime? [25] A: Well, no. I'm not ready to sub scribe to that Page 123 [i] because this is, you know, a docu ment. I don't know who [2] put it together. I don't know the premise is behind it. I [3] would somehow -- I've looked at that and there is some [4] ques tion about that, I think. In fact, in hindsight, yes, [5] we did. We did what was considered responsible. We got [6] out of manufacturing, so we didn't -- I think we acted [7] responsibly, but we certainly didn't increase our profits [8] with Aroclor. That's for sure. [9] Q: Do you see the dates down there at the bottom [ioj of the draft, '70, '71, '72, '73,74? [11] A: Yes. [12] Q: All right.You didn't stop manufac turing PCBs [13] until what year? [Hi A: Well, we didn't stop manufactur ing the [15] Aroclor, I believe, until 76 or 77,1 think. [16] Q: I'd like you to look at the last graph on this [17] Exhibit. At the the top, it says, "Probability of [is] Success." Do you see that? [19] A: Yes. [20] Q: And on the left, it says "Profits," and [21] underneath that, it has a dollar sign? [22] A: Yes. [23] Q: And the graph shows resultant profits and it [24] shows it going up over time? [25] A: Yes. Page 124 [1] Q: And it shows it going up until 75? [2] MR. FEATHERSTONE: You mean projects it doing [3] that? The document is 1969. [4] MR. BRADLEY: That's what the graph shows. [5] A: The difficulty with that, Mr. Brad ley, is I [6] have no idea what the premises were. I couldn't buy into [7] something that says - you know, that takes all of this and [8] says this is, you know, absolutely correct figures. I [9] would doubt it and I certainly know from my involvement [io] with the com pany on this whole issue that we were not [ii] driven by a policy that said we've got the make, you know, [12] profits in creasing at all costs and so on. That is not [13] what we were driven by. [14] MR. BRADLEY: I move to strike the answer as [15] nonresponsive. My ques tion was simply what the graph |i6j showed. [17] MR. FEATHERSTONE: I object to the absence of [is] foundation. The wit ness has never seen the document [19] before, he wasn't involved in the preparation, has told you 1201 he didn't know what assumptions are on the line. And [21] furthermore, you misstated what the graph shows. [22] Q: (By Mr. Bradley) I'm now going to show you [23] what's marked for iden tification as Plaintiff's Exhibit [24] 1217. Have you reviewed that? [25] A: Yes. : Page 125 [1] Q: This is a letter from C.F.Seger, Sales [2] Representative, Specialty Products Group of Monsanto, dated [3] October 9, 1973 to Mr. Harold Wolf, Plant Engineer with [4] Westinghouse Corporation in Ohio? [5] A: Yes. [6] Q: And it shows you having received a blind copy? [7] A: Yes. [8] Q: Have you seen this document prior to today? [9] A: I can't recall but I don't deny that I got a [io] copy. I would have seen it. [ii] Q: Is it fair to say that because you don't know, 112] I don't recall whether you have reviewed this before, you [13] ;oncaimon & Jaeger (314) 421-1000 M3n-U-Script Pave 121 - Pace 125 WATER PCB-00053223 Gumming M. Paton March 18,1993 Nevada Power Company v. Monsanto Company, et aL don't know, then, whether it was in your files while you [i4j were at Monsanto? [15] A: I'm -- I certainly wouldn't deny that it [i6] wasn't in my files or that I haven't seen it. It's the [17] kind of thing I would expect to get just by my normal job. [is] Q: I'm now going to show you Plaintiff's Exhibit [19] 1552 and ask you to review it just long enough to tell me [20] whether you've ever seen the docu ment before. [21] A: I cannot recall that document,but I see I was [22] supposed to be at the meeting and I have no reason to [23] believe I wasn't there, and I seem to remember vaguely [24] there was a meet ing, fairly large meeting in St. Louis. [25] This, in fact, may have been the one. Page 126 HI Q: Do you recall attending a meeting where, [2] around February 28th, 1974 in St. Louis, attended by Dr. [3] Tucker from Monsanto, Mr. Sheppard from Westinghouse and [4] the other people listed on pages one and two of this [5] document? [6] A: I remember a meeting being held in St. Louis. [7] I would have been unable to remember correctly the date [8] without having seen this document. [9] Q: Do you recollect minutes being developed of a [ioj meeting that hap pened on or about February 28th, 1974 [11] involving those people? [12] A: I don't recollect but this docu ment refreshes. [13] Q: It refreshes your recollection? [14] A: Yes. [15] Q: All right. And do you recall from reviewing [16] the document whether it accurately reports the discussions [17] held at that meeting? Ii8] A: Given this span -- You know, given the span [19] oftime, I have no way of recollecting whether it did or it [20] didn't, but in my experience, you know, normally if there [21] was a meeting like this and Monsanto took minutes, they [22] would be accurate. [23] Q: Is this the sort of document that Monsanto [24] would typically generate following one of their meetings? 125] A: It would depend a great deal. I think in this Page 127 [i] one, given the fact that we had a lot of non-Monsanto [2] participants, we would have gone to a great deal of, you 13] know, attention to make sure that we were very formal and [4] had everything down so that they could get copies and so on [5] and on forth. If we were meet ing within Monsanto, we might [6] be more informal. We could get the point across without [7] doing it so formally. [8] Q: Is this the sort of document that Monsanto [9] would keep in its files, the minutes ofan important [to] meeting like this? [ii] MR. FEATHERSTONE: I object to the [12] characterization. [13] MR. BRADLEY: A meeting of this na ture. [14] A: Whoever wrote it would probab ly have kept a [15] file copy and would have then been bound by whatever our [16] records retention policy would have been at that time. [17] Q: (By Mr. Bradley) Ail right. Now, you had [is] indicated when we first started your depositionthat you [19] have given your deposition on other oc casions? [20] A: Yes. [21] Q: How many other occasions have you had your [22] deposition taken? [23] A: I'm going to say three or four. [24] Q: Tell me what you recall about those? When did [25] they occur? Page 128 HI A: One occurred sometime in San Francisco. [2] Q: Was that regarding One Market Plaza? 13] A: I think that's right. Yes. Another had to do [4] with some -- I think they were a utility, if I'm not [5] mistaken, or an energy company, in Kentucky. That was [6] somewhere towards the end of last year; and then there was [7] one maybe about the middle of the year, shall we say. Had [8] to do with Transwestern or Transeastern pipeline. That's [9] how many, three? I think I recall one having to do with tioj some thing in Jacksonville at some point. [11] Q: Jacksonville, Florida? [12] A: Yes. U3] Q: Do you recall what the subject matter of your [i4j deposition was regarding the deposition you gave in [15] Kentucky last year? [16] A: Somewhat vaguely. As I recall, I don't think [17] I was really in a manage ment position involving these [is] products for a great period of time that was under [19] question, so it was, again [20] Q: What products were under ques tion in that [21] case? [22] A: God. I'm losing my memory fast. It must have [23] been some sort of a compressor lubricant or a turbo [24] lubricant. I really cannot recall. [25] Q: Was it a lubricant that contained PCBs? Page 129 [l] A: I'm sure it would have been. Otherwise, I [2] wouldn't have been in volved, but I'm fuzzy. I gave it and [3] that was that. I don't go home and sleep with the thing, [4] think about it. [5] Q: Do you recall what your testimony was when you [6] gave a deposition in the middle of the year with m Transwestern or Transeastern pipeline? [8] A: That had to do with a turbine lubricant. [9] Q: That contained PCBs? [10] A: Yes. [11] Q: And was the allegation that some one was [12] injured as a result of ex posure to the PCB? [13] A: No. As I recall, I don't think in any of [14] these cases anyone ever was in jured. [15] Q: Was there an allegation that someone was more [16] suseptible to in jury as a result of exposure to PCB? [17] A: I don't recall that at all. [is] Q: And when you said that you gave that in the [19] middle ofthe year, did you mean the middle of last year? [20] A: Yes. [21] Q: And the one having to do with Jacksonville, [22] Florida, do you recall what the subject matter of that one [23] was? [24] A: I think it had to do with a trans former but [25] don't hold me to it be cause that's a number of years ago. Page 130 HI I think that was maybe before I went to Korea. So that's [2] going back to what, 1986, '87,1 think. But again, I'm a [3] bit fuzzy on dates. [4] Q: Do you have copies of the transcripts of your [5] depositions? [6] A: No. [7] Q: Do you know if anyone does? [8] A: I would have turned them back to whichever [9] lawyer contacted me from Monsanto and, you know, after the [10] court reporter came in with a transcript, I would have been [ii] sent a copy, checked it, signed the pages on changes and [12] turned it back in to Monsanto. [13] Q: Do you know a gentleman named Paul Wright? [14] A: Paul Wright? [15] MR. BRADLEY: Yes. [16] A: The name is somewhat familiar, yes. [17] Q: Do you know whether he was a Monsanto [is] employee? [19] A: I believe at one time he was [20] Q: And was he a Monsanto employee in the 1970s? [21] A: He could have been. I can't remember. Page 126 - Page 130 Min-U-Script Concannon & Jaeger (314) 421-1000 !/ 'X I i WATER PCB-00053224 Nevada Power Company v. Monsanto Company, et al. Cumming M. Paton March 18, 1993 1221 Q: Do you recall whether Dr. Wright ever worked 123] for Industrial Biotest Laboratory? 1241 A: I seem to recollect -- Well, I'm not sure. 125] I can't recall now whether I knew that or didn't. Page 131 ID Q: Do you know whether Monsanto ever paid for any [2] legal assistance for Dr. Wright? 131 A: I don't know that. 14] Q: Do you know whether Dr. Wright was ever [5] charged with a crime? [6] A: I vaguely remember reading some thing in the [7] newspaper, I think it might have been the Wall Street [8] Jour nal, about a case involving him. [9] Q: Do you recall whether you learned that the [101 case involving him had to do with studies he performed at [in IBT labs? [12] A: I seem to recollect that was die gist of diat [13] article. [14] Q: As product manager, do you know whether any [15] Monsanto materials containing PCBs were studied at IBT [16] labs? [17] A: I recall that -- I dtink IBT was used to do [is] some toxicological study type work for Monsanto. [19] Q: Did you ever learn whether other IBT employees [20] were charged with crimes about the same time Dr. Wright was [2i] charged with a crime? [22] A: I have a feeling that other IBT employees 123] were, and I'm diinking again in terms of that newspaper [24] article, but I cannot say for sure. [25] Q: Do you knowagendeman named Dr. Calandra? Page 132 [1] A: That name rings a bell. [2] Q: Do you recall ever meeting Dr. Calandra? 13] A: I don't recall but I might have met him. I [4] would have been a participant in meetings when he was [5] there, but I did not deal with Industrial Biotest orDr. [6] Calandra or anyone else there on a direct basis. [7] Q: Did you deal with him on an in direct basis? [8] A: No. [9] Q: Do you know whether Dr. Wright was a Monsanto [io] employee before he worked for IBT? Hi] A: I don't know the -- I don't know anything 112] about his career history at all. [13] Q: Do you know whether he was a Monsanto employee [i4] after he worked for IBT? [15] A: I don't know. It just never came up and I had 116] no reason to find out about it. [17] Q: After you read about IBT employees from the us] Wall StreetJour nal, did you do anything to determine [ 19] whether any tests involving Monsanto porducts that had been po] sent to IBT were valid? [2i] A: No, I didn't. As I recall, when I read the [22] article, I think I was in Brazil. I was in Brazil from [23] early 1979 until late 1984.1 think it was in that time [24] period, but I cannot -- You know, I cannot recall. [25] Q: During the time that you were a Monsanto Page 133 ID employee, did you talk with anyone within Monsanto [2] regarding the amount of payments given to Dr. Wright's [3] lawyers to defend him? [4] A: No. I had no idea of anything like that and [5] certainly no discussions about it. [6] MR. BRADLEY: Those are all the questions that [7] I have. [8] CROSS-EXAMINATION [9] QUESTIONS BY MR. FEATHERSTONE: [10] Q: Mr. Paton, in your years as product manager [ii] involving dielectric fluids from approximately which you [12] testified lasted from ap proximately late 1971 until [13] some time in 1976, did General Electric ever ask Monsanto, [14] to your knowledge, to give warnings directly to General [15] Electric customers? [16] A: I can't recall that. in] Q: For the same time period, did Westinghouse, to [is] your knowledge, ever ask Monsanto to give any warnings U9] regarding PCB dielectric oils directly to Westinghouse po] customers? [21] A: I can't recall that. [22] Q: To your knowledge, did eitherGE or [23] Westinghouse, or any other manufacturer of transformers or [24] capacitors, ever tell Monsanto that it could not or would [25] not pass along to their customers information that Mon santo Page 134 [1] had given to them? [2] MR. BRADLEY: Objection. pound. Com 131 A: I can't recall anything along those lines. [4] MR. FEATHERSTONE: No further questions. [5] Thank you. [6] MR. BRADLEY: Nothing. m [8] CUMMING PATON 19] Subscribed and sworn to before me this _ day of [io], A.D., 19 . [11] [12] Notary Public [13] Notary Public within and for the State of Missouri. [14] [15] MY COMMISSION EXPIRES THE _ DAY OF [16], A.D., 19. [17] [18] [19] [20] PH [22] [23] [24] P5]^ Page 135 [i] STATE OF MISSOURI) )SS p] COUNTY OF ST. LOUIS) [3] I,John T. Concannon, a Notary Public within and for [4] the State of Missouri, duly commissioned, qualified and [5] authorized to administer oaths and to take and certify to [6] depositions, do hereby certify that pursuant to Notice in [7] the civil cause now pending and un determined in the [8] District Court of the United States, within and for die [9] District of Nevada, entided NEVADA POWER COMPANY [10] Plaintiff, -vsMONSANTO COMPANY, et al., Defen dants, to be [in used in die trial of said cause in said Court, I was [121 attended at the law offices of Messrs. Husch & Eppenberger, [13] 100 N. Broadway, Suite 1300, in the City of St. Louis, [14] State of Missouri, by Ralph A. Bradley, attorney for the [15] Plaintiff; by Bruce A. Featherstone,attorney fordie 116] Defen dant, Monsanto Company; by Laurie Basch, attorney for 117] the Defendant, Westinghouse; and by CUMMING PATON witness, [is] in said office on March 18,1993. [19] The said witness, CUMMING PATON, being of sound mind po] and being by me first carefully examined and duly cautioned pi] and sworn to testify die truth, the whole truth and nothing [22] but the truth in the case aforesaid, there upon testified as 123] is shown in the foregoing transcript, said testimony being [24] by me reported in shorthand and caused to be transcribed [25] into typewriting, and that the foregoing pages correctly Page 136 set out the testimony of the aforementioned witness, CUMMING PATON, together with the questions propounded by counsel and the remarks and objections of counsel thereto, and is in all respects a full, true and complete transcript of the questions propounded to and the answers given by Concannon & Jaeger (314) 421-1000 Min-U-Scrlpt Page 131 - Page 136 WATER PCB-00053225 Cumming M. Patou March 18, 1993 said witness; and that said testimony, so transcribed, was subscribed to by the witness on theday of , A. D,, 1993. i FURTHER CERTIFY that I am not of counsel nor attorney for any of the parties to said suit, nor related, nor interested in any of the parties or their attorneys. WITNESS MY HAND and Notarial Seai, given this _ day of __, A. D., 1993, at St. Louis, Missouri. MY COMMISSION EXPIRES SEPTEMBER 12, 1994 JOHN T. CONCANNON, Notary Pubiic, within and for the State of Missouri Page 137 May 4, 1993 Bruce A. Featherstone, Esq. Kirkiand & Eiiis 1999 Broadway - Ste. 4000 Denver, Colorado 80202 Re: Nevada Power Company -vMonsanto Company, et ai. Dear Mr. Featherstone: This letter, Incorporated as the last page of Mr. Paton's deposition, taken on March 18,1993, will serve as notice to you that his testimony is now ready for reading and signing of same. You will recall you indicated a preference for him reading his deposition, rather than waiving signature. Enclosed please find the originai signature page of Mr. Paton's deposition, along with an eratta sheet. Please have Mr. Paton read and sign his deposition and return the original signature page to me. i wiii then return the signature page to the originai transcript, and notify Mr. Bradley of any corrections the witness may have made. Thank you for your cooperation in this regard. Sincerely, JOHN T. CONCANNON Shorthand Reporter Concannon & Jaeger General Court Reporters 705 Oiive Street - Ste. 604 St. Louis, Missouri 63101 JTC:md Nevada Power Company v. Monsanto Company, et al. \ Page 137 - Page 137 j Min-U-Script Concannon & Jaeger (314) 421-1000 WATER PCB-00053226 Nevada Power Company v. Monsanto Company, et al. Gumming M. Paton March 18,1993 '30s 25:6 '40s 25:7; 29:3 '50s 29:6; 85:6, 20 '60s 84:25; 85:15, 20 '65 7:2 '66 41:21,21,24; 72:13; 88:15; 105:11 '6788:16,17 '67/'68 92:6 '68 42:2,4; 90:20, 21,22; 91:25 '69 107:13:109:14; 117:14 70 45:21;48:13; 123:10 '70s 58:13; 61:4,4 '71 45:4; 46:13; 50:12; 51:14; 58:17; 61:8; 62:23; 63:4,11, 21; 114:25; 123:10 '72 48:13; 61:9; 123:10 '73 45:21; 123:10 '74 61:9; 123:10 '75 124:1 '76 61:16; 62:23,' 63:4,12, 21; 123:15 '77 123:15 '87 130:2 1 1 98:23; 119:14,15 10 116:17 100 135:13 10th 113:9 12 13:13 12-1-69 119:15 1217124:24 1242 13:10,14; 17:16,17; 29:7, 20 125413:10; 17:18, 19; 29:7, 20; 107:18, 20, 22 1260 17:20; 107:19, 23; 111:13 1300 135:13 13300 5:7 1373 30:25 13th 81:20; 82:3,5 1534 106:10 1535 105:18 1536 102:3 1552 125:19 1570 106:16; 112:12 1575 81:19,20 1578 85:25; 89:17; 95:13; 96:12 17th 106:17, 22 18 135:18 19 72:12; 105:12; 109:9; 134:10, 16 28th 126:2, 10 1936 23:17; 27:25; 28:8; 32:1 3 1937 23:11,24; 24:10; 25:18 1938 28:15 1950's 85:7 1950s 85:15 3 95:16 30th 111:23; 112:7, 15 336 96:15:98:9 1955 6:23 1959 6:18; 7:12 4: 1960s 58:25; 59:1; 84:15,18; 85:7 1962 8:25; 9:1 1963 8:25 1964 10:16 1965 7:2 420 112:15 422 113:13 45 13:10 5 1966 10:18;36:21; 57:1,4; 72:15; 88:1; 90:18 5460 17:24; 111:12 5th 87:24; 89:8 1967 12:22; 88:7; 90:6, 9 6 1967/1968 91:23 1968 12:23; 31:3; 90:9,18; 91:11; 94:4 1968/1970 14:14 60 13:11 63017 5:8 6th 91:2 1969 81:21;82:3,5; 106:17, 22; 107:5,8, 21; 108:17; 109:9, 12,17,17; 110:1,9; 113:9; 114:3; 116:3, 18; 117:23; 118:12; 121:6; 124:3 1970 12:24; 13:1; 14:12; 48:14,16; 111:23; 112:7,15; 113:1 1970s 130:20 7 95:17 9 9 125:3 A 1971 45:2,16,23; 46:6, 22; 48:15,16; 50:2; 57:4, 5, 6; 59:25; 60:1,16; 62:2, 9,16; 82:11;92:15; 114:23; 116:4,5,7; 117:5;133:12 1972 87:5; 97:20; 98:10, 23, 25; 105:20 1973 125:3 1974 58:17; 126:2,10 1976 61:14; 62:3,10, 17; 72:16; 103:11, 17, 23; 133:13 1977 31:2 1979132:23 1984 104:15:132:23 1986 130:2 1990 105:8 1991 105:12,15,16 A-l-k-a-l-i 10:2 A-N-S-l 66:6 A.D 134:10,16 Abatement 113:11 abbreviated 49:15; 95:11 Aberdeen 6:1,3, 21 abilities 64:18 able 55:21;64:19; 77:22; 78:15; 95:15; 117:20 aboard 120:13,17 absence 124:17 absolute 77:22; 109:18 absolutely 45:6; 93:2; 124:8 absorbed 16:17; 62:25 1993 135:18 academic 38:21 accepted 117:1 2 accommodate 5:3 according 122:2 22nd 98:9 23 105:20 accuracy 84:23 accurate 126:22 accurately 126:16 acne 23:13;24:14; 25:19; 27:12 across 127:6 act 55:4; 60:22; 61:1, 3 acted 123:6 action 24:22; 57:11; 60:13:61:17,25; 62:5,8; 112:4; 115:1; 117:24; 119:15,17; 121:3,7 actively 55:7 activities 46:24 activity 60:17 actual 38:22; 52:23 Actually 15:23; 29:13; 48:17; 83:18; 94:13 ad 115:5 added 16:9; 61:11; 103:20 addition 52:8 address 5:6; 84:23; 115:5 addressed 103:2 addressing 57:13 adhesives 39:7 administer 135:5 Administration 104:21 advantage 76:22 advertising 11:6 advice 21:7 afflicted 23:13, 20 aforesaid 135:22 Again 10:13; 39:19; 70:5; 73:2; 78:24; 85:4; 86:14; 92:8; 94:12; 99:7; 106:10, 12; 112:9,11; 113:6, 18; 114:20; 117:3, 20; 118:3,15; 128:19; 130:2; 131:23 against 4:12 age 4:2 agencies 54:1; 61:21; 66:13; 87:20 agents 42:12; 48:1 ago 4:9; 53:23,24; 99:9; 129:25 agreement 75:17, 20; 76:4, 8; 79:1; 81:9 agreements 78:3,9, 21; 79:18, 24; 80:10; 81:3,11; 121:11 ahead 105:5 aimed 91:15 air 24:17 al 135:10 alarm 121:4,8 Alkali 9:22; 10:2,9, 15; 11:1 allegation 129:11,15 allegations 57:9; 62:21; 64:1; 71:10 alleged 52:5;78:19; 110:16; 114:16 alleging 79:2 allow 95:14; 97:6, 12; 98:2 Almost 42:25;79:11; 98:19; 104:4; 105:3, 7; 112:19 alone 45:18 along 14:3; 16:3; 19:21; 105:6; 106:13; 133:25; 134:3 already 55:24; 82:16; 94:17,18; 95:12; 114:16; 115:2 although 10:24; 11:4; 12:2; 90:2 America 13:3; 42:9, 11,11,12,24; 43:6, 8; 47:22; 48:7; 49:6, 9,17,20, 21; 51:10; 112:21,24 among 20:2 amount 133:2 analogy 34:13 analyses 84:15 analytical 53:4; 55:18; 64:18; 84:24; 85:4,10, 18; 88:2 animal 94:10 animals 29:2; 111:19 announced 71:5 ANSI 66:6,17,20; 67:1, 5, 21; 68:23; 69:2; 74:19,22; 75:9; 79:16; 95:2; 96:7 ANSI-type 89:12 answering 49:11 anybody 17:7;25:5; 30:5; 70:24; 118:2 anymore 7:4; 19:18 anyone 25:17; 26:10,21; 35:3; 69:15; 74:9,12,13; 79:23; 81:17; 100:5, 11; 109:8; 110:23; 114:14,20; 115:16; 116:4,17; 117:13, 21; 122:14; 129:14; 130:7; 132:6; 133:1 anywhere 73:21; 75:4 apologize 31:5 apparently 113:1 appearing 108:21 application 7:23; 38:3,12; 42:17; 107:16 applications 16:23; 38:17; 76:20; 77:10; 78:1; 102:19; 104:2 applied 11:8 Appraoch 121:24; 122:1 approach 122:2,6, 15 approached 94:18 approximately 133:11, 12 area 11:7; 12:2; 13:2, 3; 33:5; 35:17; 38:4, 20; 39:10; 42:9; 46:14; 49:5; 53:4; 58:11; 64:8; 66:11; 80:13; 82:17; 84:23; 90:1,2; 100:9; 108:4; 115:8; 116:10 area,and 54:21 areas 18:13,14; 35:20; 52:25; 98:8; 120:11 argue 75:11 Aroclor 13:10,10, 14; 14:19, 20; 15:18; 16:12; 17:7,9; 18:12; 29:7, 20; 37:9; 38:1; 40:11;58:6,9; 107:18, 22; 111:11, 18; 112:1; 123:8,15 Aroclors 13:19; 14:25; 15:21; 16:1;---' 17:1,11; 18:13; 50:19, 20 aromatic 8:11,14; 9:13; 10:6; 11:22; 13:6 around 9:5; 11:6; 17:5; 41:1,17; 61:16; 103:13; 105:8; 126:2 article 102:7; 131:13, 24; 132:22 articles 72:7 aside 77:13 aspect 92:7; 118:6 aspects 66:15,15 assigned 43:10,14 assist 84:9 assistance 21:10; 62:19; 131:2 assisted 11:14 associate lll:9 associated 63:5,7 Associates 5:16 association 98:20 associations 62:19; 63:17; 66:11; 87:21 assume 4:21; 91:11 assumption 29:11 assumptions 124:20 attack 12:10 attempting 60:7 attend 5:23 attended 126:2; 135:12 attending 126:1 Concaimon & Jaeger (314) 421-1000 Mlm-U-Script '30s - attending WATER PCB-00053227 Gumming M. Paton March 18,1993 Nevada Power Company v. Monsanto Company, et aL attention 31:15; 38:12; 55:2,11; 65:4; 76:9; 89:25; 127:3 attorney 135:14,15, 16 attributed 23:25 authored 115:10,13 authority 38:25 authorized 135:5 automatically 19:21 available 19:11; 40:20; 64:12; 65:5 avenues 68:12 aviation 50:10; 61:10 aware 18:5; 44:22; 54:6; 64:1; 88:15; 92:8; 98:7; 108:16; 110:15:111:6,14; 114:21,22 awareness 72:9 awhile 109:1,3 B B-e-r-g-e-n 81:18 B-u-s-h-o-n-g 43:3 B.S.C 6:6 Bachelors 6:19, 22 back7:2; 24:10; 29:3,6; 32:1; 37:3; 51:9; 53:23; 65:8; 79:11; 83:21; 92:9; 94:14,21; 104:15, 16; 105:8,8; 112:22; 117:8; 130:2, 8,12 background 5:23; 21:19 ball 90:5 ban 60:8,20,20; 61:17 Banesville 9:19, 20 banning 61:20 Basch 135:16 base 117:9 based 27:6 basically 53:20; 86:20 basis 132:6,7 became 12:13; 14:10,13; 16:11,24; 17:6,25; 18:5,6; 23:10; 25:4,16; 26:11,23; 30:23; 31:2,7,9:33:11; 36:13; 46:2; 50:3; 51:25; 55:23; 58:21; 59:3,14;72:12; 82:11; 87:14; 89:5; 93:17; 94:5; 97:4; 99:11; 102:8; 109:16, 25; 110:5,11; 111:2, 15, 25; 113:1,8, 24; 114:14,25; 115:16; 116:16; 117:13,15, 21; 19:5; 122:14 become 12:22; 75:22; 106:13 becoming 15:19, 24; 36:19 began 7:17; 11:9; 12:3; 40:9; 58:12 begin 8:25; 10:15 beginning 12:23; 46:22; 54:1; 58:2; 115:22 behalf 4:4 behind 40:19; 123:2 believe 10:4; 13:12; 21:23; 32:22; 66:9; 75:19; 98:13; 113:5; 123:15; 125:23; 130:19 bell 39:6; 50:24,25; 61:19; 113:12; 132:1 benchmark 56:24 benefits 11:17; 12:10; 38:1; 76:19,19 Benignus 59:13; 66:23; 80:25; 89:21; 90:4; 91:8; 92:10; 94:19; 96:7; 98:11; 100:4; 101:5; 103:21 Bergen 44:12; 81:18; 100:18; 101:1; 108:18 besides 43:25 best 12:15; 30:13, 16; 44:25; 61:14; 65:6; 77:22; 82:20; 85:4; 101:16; 121:16 better 52:16; 73:5; 75:12; 84:6; 95:7; 96:8 beyond 83:1 Bill 53:1, 5,18,24; 66:24; 80:25; 103:1; 108:18; 120:13 billion 84:19,21 bio magnification 40:25; 41:7; 64:23 biomagnify 41:13 Biotest 130:23; 132:5 biphenyl 13:15; 17:8,10,16,17,18, 19, 21; 23:14,19; 24:2, 4, 5,7 biphenyls 17:12; 70:15; 87:2; 88:3; 90:8,12; 91:16; 95:25 bit 12:3; 21:18; 72:9; 83:11; 112:3; 113:7; 130:3 blank 39:5; 100:24 blends 14:21 blind 125:6 Bob 53:3 bodies 72:10 body 20:10,18,19, 25 both 6:20; 23:9; 58:21; 90:3; 91:8 bottom 91:12; 121:2; 123:9 bought 69:14 bound 127:15 BRADLEY 4:6,7; 14:9,17; 15:23; 18:22; 20:21, 23; 25:4; 26:4; 27:22; 28:19; 29:17; 30:18; 31:5,6; 32:7; 42:7; 44:18, 21; 46:18,20; 49:7,14,18,19; 54:14,16; 56:1, 5,10, 14; 60:21; 63:9,10, 20; 65:8,11,13, 20; 68:5; 69:11,12,22, 25; 70:3,12; 72:22, 23, 25; 75:4, 5,7,10, 14; 76:3,7; 79:14, 22; 80:22; 1:14; 83:11, 13,20,23; 84:17; 85:14; 86:6,12; 87:1, 17,24; 88:12,17; 89:4; 92:20; 94:13, 17; 96:13,14,17,20; 100:3; 101:25; 102:2; 106:21, 24; 108:25; 109:8; 110:8,11; 111:23; 112:13,14, 22, 25; 113:22,24; 114:10; 115:10; 116:1,15; 118:11, 22, 24; 119:4,12; 121:17; 124:4, 5,14, 22; 127:13,17; 30:15; 133:6; 134:2, 6; 135:14 branch 42:13 Brazil 104:3,4,5,8, 10,14; 132:22, 22 break 5:2; 46:16; 56:2,2; 76:21; 77:24; 83:11; 101:23; 110:19 brief 102:15,18 briefed 109:22; 117:4,6 briefing 16:4,11 bring 65:4 broad 56:17 broader 49:5 Broadway 135:13 brought 4:12; 46:2; 47:1; 106:4; 110:25; 116:13; 120:13 Brute 135:15 budget 119:18 budgets 14:6; 42:18 bulletin 19:23; 20:3, 5,17; 21:4; 34:21; 35:1,11,21 bulletins 16:22; 17:2,18:8,11,12,15, 19; 19:3,6,17,19; 20:4, 8,17, 24; 28:6, 10, 20,21,25; 29:5, 12,18; 30:19; 31:17, 25; 32:8,12,16; 33:6; 35:3,14,18,25; 36:10,18, 24; 40:10, 14,18, 22, 23; 41:10; 47:23; 48:6,19 burning 32:2 Bushong 43:2 business 5:12,13, 20; 19:15; 38:2; 39:2, 25; 43:9,13,15,16, 17,20, 21; 44:1,2,4, 5,7,13,15,22; 45:3, 12,13,15,18,24; 46:5,9; 47:2,6,12, 18; 54:22; 57:6; 76:17, 25; 81:6,8; 100:19; 104:10,12, 24; 107:6; 117:12 businesses 38:24; 39:3,12 businesswise 53:13 buy 80:1; 124:6 buying 19:4 c C.F 125:1 C.R 105:21 Calandra 131:25; 132:2,6 call 7:23; 10:5; 16:22; 50:15; 53:20, 21; 71:5; 80:3 called 11:11,24; 19:23; 25:10; 39:24; 43:2,13; 53:3 calls 28:2 came 10:21;11:11; 19:21; 31:15; 38:2; 41:17; 43:24;60:19; 61:3; 79:25; 92:9; 104:15,16; 105:7; 116:23; 118:7; 120:13,16; 130:10; 132:15 can 8:13; 12:12; 17:24; 20:6; 22:4; 24:24; 26:20; 33:20, 21, 23; 34:12; 35:13; 36:3; 46:16; 70:16; 75:13; 77:11,22; 78:16; 80:24; 82:20; 86:14,17; 94:12; 95:10; 97:23; 101:23; 106:23; 109:7; 111:9; 118:24 Canada 87:5; 89:14 Canadian 87:3,4 capabilities 55:19; 85:10,18 capability 64:17 capable 89:24 capacitor 67:10; 69:13; 77:4; 87:4 capacitors 15:1; 23:7; 64:8; 65:16,24; 66:9; 69:8; 71:22; 82:23; 83:5; 88:9, 20; 89:7; 90:16; 91:4,19; 93:8,16,20:94:7; 96:5; 97:17; 100:13; 108:20; 109:11; 133:24 capacity 34:23 carbon 98:14 carbonless 38:7; 107:16 carcinogenicity 32:22 career 25:14; 26:16; 132:12 carefully 26:18; 86:17; 95:11; 135:20 carried 90:5 carry 83:6; 115:19; 116:20 Case 7:1; 14:23; 15:18; 21:19; 33:18; 67:11; 128:21; 131:8, 10; 135:22 cases 22:17; 24:14; 67:8; 94:23; 129:14 Cash 38:6 cause 24:18,18,20; 32:9,13,18; 33:20, 21; 34:1, 5; 63:22; 135:7,11 caused 63:13; 135:24 caution 17:5 cautioned 135:20 ceased 30:2 Central 42:11 certain 17:9; 37:19; 41:17; 42:12; 45:22; 46:3; 66:3; 68:3; 73:10,15; 79:12; 82:4; 84:9; 89:11; 92:16,21; 93:1,3; 94:25; 96:25; 116:9; 118:25; 122:5 certainly 18:6; 19:10; 21:4; 25:2; 62:15; 63:25; 66:13; 68:16; 82:25; 88:15; 92:4,12; 95:1; 101:14; 109:22; 112:19; 123:7; 124:9; 125:15; 133:5 certify 135:5,6 cetera 76:24 chain 41:8,13 chance 86:13; 96:17 change 44:6; 45:24; 46:1 changed 12:24; 36:25; 44:18;45:15, 20; 46:11; 101:3 changes 28:13; 29:2; 43:19,19; 130:11 characterization 127:12 charged 106:7,8; 131:5, 20, 21 chart 113:21; 121:20 charts 121:18,22 checked 130:11 chemical 15:25; 17:5; 26:16; 34:1; 98:11; 104:10; 105:2 chemically 10:5 chemicals 6:16; 7:10,14,18; 8:1,10; 26:15; 107:24 Chemist 7:19,20; 8:2, 5,10:13; 26:5; 27:4, 6; 84:24 Chemistry 6:7,11, 14,15; 7:6; 88:2 chemists 85:4 Chesterfield 5:7 Chicago 40:3 chloracne 62:11 chlorinated 8:11, 14; 9:13; 10:6; 11:22; 13:6; 23:14,15,19, 19; 24:1,2,4,6,7, 15,15; 25:18; 27:11; 85:8, 16; 90:13 chlorine 13:17 Circle 5:7 circulated 34:23; 57:8 City 135:13 civil 135:7 claimed 70:13;77:5; 88:4 claiming 78:5 claims 75:21 clarification 4:23 clear 4:18; 25:25; 80:8; 110:17 clearly 53:13; 102:12 close 98:1 closed 77:2 closely 85:21 co-manage 105:6 coating 111:3 coatings 37:20,21, 21, 23,25; 39:2,14; 111:10 colleagues 41:5; 52:3,9; 65:1 college 5:23 combination 23:14, 18; 24:1 coming 38:11; 57:13; 64:23 commercial 11:7, 15; 13:23; 29:2; attention - commercial Min-U-Script Concannon & Jaeger (314) 421-1000 ! i WATER PCB-00053228 Nevada Power Company v. Monsanto Company, et al. Gumming M. Paton March 18, 1993 38:22; 42:16,17; 103:25; 104:9 commercialized 11:2 commercially 13:22 Commission 87:3; 90:24; 134:15 commissioned 135:4 Committee 66:7,17, 21; 67:2, 6, 22; 68:18, 20,23; 69:2; 74:20, 23; 75:9; 79:16; 95:2; 115:5; 120:10 committees 77:7; 89:12 communicate 69:2; 70:18; 91:2; 94:25 communicated 88:8,18; 89:10,12; 100:6,12 communicating 108:19 communication 62:17; 68:13; 72:6; 90:5; 95:5; 101:4,18 communications 87:20 companies 37:23; 65:17; 66:3,20; 67:1, 5,9; 68:9,24; 69:19; 70:4,7; 71:15,17, 24; 74:4; 80:9; 81:2,10; 82:7,13,17; 88:9,19; 89:6; 90:16; 91:4,18; 93:7,19; 94:6; 96:4; 97:16; 99:21; 100:6, 12; 101:8; 108:19; 109:10 Company 4:12; 7:15; 8:19,23; 9:12, 22; 10:21,22; 11:10; 14:3; 16:6; 22:20; 39:24; 70:19; 73:17, 21,25;74:10,14,17, 20, 23; 81:7; 98:11, 12; 105:2; 124:10; 128:5; 135:9,10,16 compared 58:7 comparison 74:6 complete 7:3 completion 6:25; 7:8 complied 103:14 composition 82:18 Compound 76:6; 95:14; 134:2 compressor 128:23 Concannon 135:3 concentration 24:17,19; 85:11,19 concentrations 24:20; 70:14 concept 41:9; 64:21 concern 67:19; 95:22 concerned 23:21; conversations 15:8, 98:5, 20 12 concerning 57:8 converse 15:16 concerns 54:11; 67:24; 70:20; 71:1; coordinate 14:3; 54:2 72:3; 92:23 coordinated 14:5 conclusion 85:22 coordinating 53:11 condensed 47:4; 52:24 cope 119:19 copies 52:11,20; condition 24:19; 27:12 127:4; 130:4 copy 38:7; 80:5; conditions 23:21 81:22; 98:15; 107:16; conduct 94:10; 119:22 125:6,10; 127:15; 130:11 confer 76:19 Corp 66:12 conference 108:8, 11 confirm 107:11 confirmed 114:24 Congress 60:8 Congressional 60:13,17; 61:17,25; 62:5, 8 Congressman 60:1, 7; 108:8, 10 connection 25:15; 60:5 corporate 57:2; 92:14; 104:22 Corporation 125:4 corrected 32:22 correctly 13:25; 119:24; 126:7; 135:25 cost 122:20, 20 costs 124:12 couldn't 124:6 Counsel 42:5; 86:2, 23; 95:14; 100:1 counterpart 50:10 considerable 109:20 countries 42:13 considered 42:20; COUNTY 135:2 77:10; 123:5 couple 34:11 consulting 5:12,20 coupled 95:22 consume 34:11 contact 20:12; 27:18; 90:3; 112:2 contacted 130:9 course 4:17; 5:1; 15:16; 44:19; 46:18; 55:15; 119:14 courses 6:24;7:5; 69:5;117:23 contacts 53:25; court 130:10; 135:8, 87:20; 108:13; 111:18 11 contained 9:13; 13:6; 14:19; 19:4; 28:22; 37:2; 40:14, 17; 45:19; 60:18; 67:16; 70:14; 71:2; cover 20:5 covered 15:13; 16:20, 21; 49:5 cows 110:9,13,15 89:7; 90:17; 91:2; crime 131:5,21 93:8; 94:7; 96:3; crimes 131:20 97:13; 98:22; 128:25; 129:9 containing 19:8; 27:24; 43:22; 46:21; 47:23; 58:24; 68:11; 69:15; 83:5; 88:9,20; 92:22; 97:7; 101:13; 108:20; 109:11; 131:15 contains 97:19 contamination 98:5; 118:13 context 114:9 criteria 30:25 CROSS-EXAMINAT ION 133:8 CUMMING 4:1; 134:8; 135:17,19 Cummulative 121:15 customer 9:9,23; 11:15,17; 14:2; 16:22; 19:13; 62:23; 100:22 customers 9:10; 19:4,7,12; 20:2; continue 61:24; 77:8 continued 122:17 continuity 91:9; 92:13; 117:20 Control 60:22; 61:1, 3; 65:6; 96:1 22:15;27:10,23; 28:2,7,11,20; 29:1, 6; 30:19; 31:18; 32:1; 33:7; 34:10,19; 35:14; 36:1; 37:25; 38:17; 39:16; 41:11; 42:15; 47:22; 48:21; controversy 84:22 49:21; 55:5; 57:25; 60:12; 62:4,10,18; 63:4,11,16,20; 64:13,16; 65:3; 71:4; 72:2; 78:14; 83:3,3; 89:11; 93:4; 94:2; 100:17; 01:3,3; 111:17; 115:17; 116:12,18; 117:16, 19; 133:15, 20,25 D daily 90:3 damage 63:5,7,13; 114:16 damages 79:7 danger 26:19 date 106:16,19; 111:20, 21; 126:7 dated 31:2; 87:5; 113:9; 125:2 dates 106:23:113:6; 116:10; 123:9; 130:3 David 103:21 day 34:7,11; 134:9, 15 day-to-day 108:13 days 47:9; 103:8; 111:9 deal 27:20; 55:1; 62:17; 66:13; 72:5, 10; 74:7; 87:19; 95:4; 110:20; 126:25; 127:2; 132:5, 7 dealing 7:24; 26:17; 62:14 dealt 26:20; 50:10; 65:3 death 24:1 debated 63:19 decide 34:24; 55:4; 65:6 decided 10:25; 11:3; 26:17; 94:10 decides 119:18 deciding 98:1 decision 97:12; 105:5 decline 58:12 defend 133:3 Defendant 135:16, 17 Defendants 135:10 defer 34:25 define 41:5; 121:3,7 definite 71:11; 85:22, 23 definition 38:4 degree 6:2, 5,8; 7:1; 74:4 degrees 6:20; 23:13 Delaware 39:18 delegated 89:20 deliberate 119:9 dental 38:10 deny 125:9,15 denying 99:7 department 28:4; 30:5; 40:20; 48:25; 121:6 depend 126:25 depending 48:10 depends 4:24; 74:7 deposes 4:3 deposition 4:15,17; 5:2; 21:17; 127:18, 19, 22; 128:14,14; 129:6 depositions 130:5; 135:6 dermatitis 24:14 describe 67:22 described 18:9; 31:19; 70:25; 83:6,25 designated 77:20 designation 66:7 details 76:1 detect 64:18 detecting 55:19; 64:20; 85:10,19 determine 31:22; 56:22; 84:18; 85:1; 94:9; 132:18 determined 34:18; 65:1;77:1; 109:18; 118:12 determining 84:10; 106:11 develop 13:23; 40:17 developed 9:9; 13:25; 14:6; 25:19; 27:12; 38:17; 39:14; 84:9; 92:5; 117:23; 120:19; 126:9 developing 9:24; 10:3; 92:5 Development 10:13:36:18; 53:17; 85:9,17; 104:1, 21 development/busi ness 104:12 devoted 45:18,19 diagnosis 23:25 Diamond 9:21,22, 25; 10:9,15; 11:1 dibenzylfuran 29:23 dibenzylfurans 30:7,11,21 died 23:24, 25 dielectric 50:4,13, 14,17; 51:18; 56:6; 58:10; 60:12; 62:4, 10,18,24; 63:4,11, 21; 65:15,21,23; 66:4; 67:23; 68:16; 70:21; 71:21; 77:4, 12; 82:17; 89:22; 91:24; 100:9; 106:4; 107:4,9; 109:15; 133:11,19 dielectrics 56:11, 19; 57:3; 59:9,13,18; 61:23; 65:14; 69:15; 73:7; 77:8; 82:10,24; 101:13 different 12:11; 16:6,7; 19:2; 20:1; 23:9; 35:19,20; 50:21; 53:22; 110:17; 118:4 difficult 18:4; 21:4; 31:22 difficulty 94:12; 124:5 digestive 32:2,13 digits 13:16 diphenyl 24:6; 25:19 diphenyls 17:14,23; 24:16; 27:11 dire 34:8 DIRECT 4:5; 68:14; 89:10; 92:1; 100:21; 114:3; 132:6 directed 74:17,20, 23 directing 119:17 direction 11:15; 116:14 directly 12:2,16; 67:8; 70:18; 122:11; 133:14,19 director 24:11,13; 43:5; 45:11,11,12, 13; 47:7,12,13,15; 53:2; 81:6,6,15; 100:19,20; 103:25; 104:9,21,23 directors 81:9 discontinue 58:2; 71:6; 121:23; 122:10 discontinued 38:13; 58:14; 113:5 discovered 38:19 discussed 16:25; 41:9; 106:22; 120:2, 7 discussion 26:22; 30:9; 42:5; 54:7; 66:14; 86:2,23; 100:1; 101:15 discussions 26:25; 48:24; 52:3,8; 109:23; 126:16; 133:5 dispute 120:24 dissemination 62:20; 72:11 distribute 47:22 distributed 48:7 distributor 40:2 distributors 39:19, 20, 22; 40:4 District 135:8,9 disturbances 32:2, 14 Concannon & Jaeger (314) 421-1000 Mln-U-Script commercialized - disturbances WATER PCB-00053229 Gumming M. Paton March 18, 1993 Nevada Power Company v. Monsanto Company, et al. Division 13:3;47:10; 103:25 doctor 36:2,10; 73:18, 22 doctoral 7:9 document 22:6; 58:23; 59:1; 68:25; 76:13,14; 81:25; 86:13,20; 87:1; 102:4; 105:19,25; 106:1,18, 23,25; 107:2; 108:2; 112:17; 113:1,2,9,14,17; 114:8; 115:1,3; 116:3,7; 117:8; 118:3, 5, 22; 119:8, 13; 121:18; 122:2; 123:1; 124:3,18; 125:8, 20, 21; 126:5, 8,12,16, 23; 127:8 documented 29:8; 95:4 documents 16:25; 21:16, 20,21,22, 23; 22:10; 49:20; 52:1,2, 10; 58:21; 68:22; 74:16,19,22; 102:21; 103:4; 107:22; 117:22; 118:9 dollar 123:21 dollars 107:7 done 28:1; 35:12; 47:25; 52:14; 54:21; 55:9,10,22; 67:3; 72:24; 74:25; 75:1; 77:6; 79:21; 80:4,13, 16,16; 84:5; 89:13; 101:16; 109:6,7; 114:16; 117:6,10; 120:12 donewards 58:4 dosages 33:22 doses 33:24 doubt 4:25; 40:12; 57:20; 62:21; 124:9 down 14:11,12; 16:14; 27:2; 55:21; 58:19; 76:22; 77:19; 83:11; 84:19,20; 85:2; 91:12; 98:1,18; 102:24; 110:19; 117:1; 122:11,19; 123:9; 127:4 Dr 15:8; 24:10; 26:10, 21; 52:25; 53:1,1, 6; 54:9,17; 55:12,17,17; 112:6, 10; 126:2; 130:22; 131:2,4, 20,25; 132:2, 5, 9,133:2 draft 113:10; 123:10 draw 34:12; 39:5 drew 76:9 Drive 5:7 driven 122:21; 124:11,13 Drs 88:1 drums 21:8 due 58:9 duly 4:2; 135:4, 20 during 4:17; 5:1; 7:25; 15:7; 25:14; 26:24; 31:10,15; 35:24; 43:7,12,20; 47:20; 54:16; 57:18, 22; 58:5; 73:6,16, 24; 85:6,14; 90:6; 100:3; 132:25 E each 54:8 eagle 88:6 earlier 27:17; 62:16; 84:8; 91:7; 117:8 early 11:2; 26:17; 27:25; 28:8,14; 45:20; 48:14,16; 61:4; 85:20; 90:9,11, 22; 132:23 educational 5:23 effect 32:20; 36:18; 95:22 effects 27:24; 28:7, 23; 32:18; 85:8,16; 95:21; 100:7; 109:19; 115:18,19; 116:20; 117:17 effort 55:2; 72:11; 94:9; 95:5 eight 23:18; 105:3 Eighteen 5:21 either 79:15; 91:8; 101:1; 102:22; 107:11; 133:22 Electric 4:13; 15:1; 22:24; 23:12; 24:12; 37:14; 65:14,14,21, 24; 66:3,20; 67:1, 5; 68:9,24; 69:3,19; 70:4,6; 71:14,15; 72:17; 73:21; 74:23; 80:9; 81:2,10; 82:7, 12; 83:14; 87:3; 89:6; 90:15; 91:18; 94:6; 106:5; 108:19; 121:13; 133:13,15 electrical 22:20; 23:7; 64:5; 65:15,23; 66:10; 68:19; 69:7, 13; 70:5,19,23,25; 71:24; 73:17,25; 74:3,8; 83:14,15, 24; 88:8,19, 22; 91:3; 93:6,7,18,19; 95:3; 96:4; 97:6,13,15,16, 19; 98:21; 99:3,21; 100:6,12, 21; 101:8; 109:10,10 element 84:3 Elmer 103:1 else 19:25; 26:10, 22; 81:17; 100:11; 132:6 elsewhere 69:20 embryotoxic 32:23; 33:2, 9 emerging 64:17 Emmet 15:8; 24:11; 26:10;52:25; 54:9, 17; 102:25:111:16, 21; 112:16; 115:13 emphasis 26:1 employed 5:9; 34:22; 43:12,21; 72:13 employee 24:13; 65:22; 87:12; 88:13; 104:6,17; 105:10, 13; 108:11; 130:18, 20; 132:10, 13; 133:1 employees 12:14; 18:20,24; 19:1; 22:20, 23; 23:2,18; 74:17; 76:24; 131:19, 22; 132:17 end 50:1,12; 58:17; 60:l6;6l:8,15; 62:2; 84:14,17; 92:15; 95:20; 104:15; 105:8, 12; 114:23; 121:18; 128:6 ended 103:17 energy 128:5 Engineer 125:3 Engineers 66:12 England 8:24; 96:23; 97:11 English 48:10,20 enjoyed 10:24 enough 4:22;79:14; 85:22; 102:4; 125:19 entailed 117:1 enter 20:10,18,25; 75:17 entered 26:l6;78:2; 79:18, 23; 80:9; 84:5; 121:12 entering 20:19; 78:20 entirely 116:10 entitled 87:1; 113:10; 135:9 entity 47:10 environment 41:16; 52:5; 55:5; 57:9; 76:11; 84:10,19; 85:2,8,16; 90:9,10, 25; 91:17, 22; 94:10; 95:21; 96:1; 109:19 environmental 64:22; 66:16; 67:19, 24; 70:20; 87:9,22; 113:10 EPA 61:21; 66:11 Eppenberger 135:12 equipment 63:16; 64:5; 67:12; 84:8; 93:12; 97:7,13,19; 98:21; 99:3 equivalent 119:16 escape 96:1 essential 33:25; 98:7 established 90:7,10 et 76:24; 135:10 evaluating 114:22 even 18:12; 22:6; 35:9; 77:17; 81:6 every 19:21; 44:5; 55:8; 57:15; 86:16, 17; 98:20; 102:13 everyone 54:2 everything 14:4; 19:25; 102:13; 127:4 evolved 84:14; 118:9 evolving 52:4; 53:23; 64:25; 84:13 exact 26:8; 34:12; 87:18 exactly 19:18; 31:23:109:21; 110:18; 115:15; 120:5 EXAMINATION 4:5 examined 135:20 example 21:8; 56:17; 58:10; 59:17; 62:24; 77:17; 86:10; ` 89:13 excessive 33:22 excuse 37:13; 46:16; 78:3; 107:12 executive 47:7 Exhibit 30:24;81:19, 20; 85:24; 89:9,9,17; 91:3; 95:13; 96:15; 98:9; 102:3; 105:18; 106:9,11,16; 112:15; 113:13; 123:17; 124:23; 125:18 existed 72:3; 84:18; 85:1 existence 81:11 expansively 51:12 expect 73:17; 125:17 expected 27:3; 71:25; 74:3; 117:2 experience 16:9; 27:4, 6; 35:3; 126:20 expert 33:4; 34:16, 17 expertise 34:24,25; 35:19; 53:14; 115:9 experts 16:6 EXPIRES 134:15 explain 42:15; 80:4; 93:12 explained 71:9; 90:11; 117:2 explaining 71:8 exposed 23:18; 25:18; 26:13; 27:11; 29:2; 32:10 exposure 23:14; 24:1; 27:13; 28:14; 30:25; 32:13,17; 62:11; 63:13, 22; 75:23; 78:6, 20; 79:3, 8; 95:23; 121:5,9,13; 129:12,16 extent 26:18; 57:10 external 87:19 extremely 21:4; 26:8; 85:11, 19 eyes 32:3; 78:12 F fact 19:6; 38:13; 41:12; 57:15; 58:3; 61:20; 68:20; 78:13, 17; 80:2; 92:25; 112:19; 116:5,23; 117:15; 123:4; 125:25; 127:1 facts 115:7 Fair 4:22; 75:2, 5,11; 79:14; 101:9; 125:11 Fairfield 5:7 fairly 89:11;90:10; 94:25; 102:17; 125:24 fall 38:4 familiar 40:24; 60:4; 130:16 far 23:20; 76:23; 106:22; 115:14 fashion 14:5; 54:3; 95:11 fast 128:22 faulty 113:7 FDA 66:12 feathers 88:5 FEATHERSTONE 14:7,11,16; 15:22; 21:14; 24:23; 25:22; 27:14; 28:16; 29:9; 30:15; 32:4; 44:17; 49:3,13; 54:12; 60:14; 63:6,14; 68:1; 69:23;70:2,9; 72:21; 75:3,6,8,24; 76:5; 79:9, 20; 80:17; 83:8; 84:16; 85:12; 86:1,7, 11,19; 87:16; 89:1, 15,19; 92:18; 94:16; 97:21; 99:25; 106:19; 108:23; 109:2; 10:7, 10; 112:23; 114:6, 18;115:21,24; 116:2,22; 117:25; 118:21; 119:1; 121:15;124:2,17; 127:11; 133:9; 134:4; 135:15 February 126:2,10 Federal 60:18; 64:2; 68:3, 6; 72:7; 79:15 feed 111:4,19 feel 89:11 feeling 131:22 fell 38:3; 44:16,23; 46:6; 61:12 felt 11:4; 55:6 few 24:21; 48:17 field 34:16,17 fifty 23:12 figures 124:8 file 40:13,17; 81:21; 102:9,13; 103:5; 127:15 files 16:16,19; 40:19,21,23; 102:11; 125:13,16; 127:9 filing 103:7 fillings 38:15 finally 58:12 find 22:5;77:23; 132:16 finding 84:7;99:12, 15; 110:16; 111:1 findings 82:13; 95:19 Fine 49:13; 56:3 finish 53:7 finished 96:12; 112:12; 113:15 fire 12:10; 76:19,22 first 4:2; 9:25,12:1; 29:ll;4l:15,18; 44:21; 57:6,17; 58:5; 60:25; 86:12; 89:9; 102:24; 105:20; 117:4; 119:23; 127:18; 135:20 five 73:6; 113:20 flexible 12:9 Florida 128:11; 129:22 fluid 50:4;62:24; 63:11, 21; 65:21, 23; 66:4; 67:23; 68:17; 69:15; 70:21; 71:21; 76:17; 93:14 fluids 44:4,13; 50:4, 5,8,11,11,13,13, 14,14,17; 51:15,18, 18, 23; 53:18; 55:16; 56:6; 60:12; 61:10, 10; 62:5,10,18; 63:4; 65:15; 67:12; 71:6; 90:1; 91:24; 101:13; 106:4; 107:5; 133:11 focal 14:1; 53:12; 87:19 focus 102:17 focused 57:12 focusing 89:25 folks 26:13 follicles 24:18 Division - follicles Min-U-Script Concannon & Jaeger (314) 421-1000 WATER PCB-00053230 Nevada Power Company v. Monsanto Company, et al. Gumming M. Paton March 18,1993 following 6:25; 7:6, 8; 8:17; 45:16,23; 57:1; 78:20,25; 85:21; 88:17; 90:20, 21; 91:11,25; 95:17, 19; 98:21; 126:24 furnished 21:24 further 134:4 furthermore 124:21 fuzzy 129:2; 130:3 follows 4:4 food 41:7,13; 111:18 foods 88:4 G-e-i-g-y 8:20 foodstuff 112:2 force 11:14; 13:24; 14:1,2; 20:3; 22:9; 119:15,20;120:1,6, 9, 18, 23 forces 64:3, 4 forecasts 14:6 foregoing 135:23,25 forget 7:21; 53:19; 61:9 forgotten 10:14 form 15:22; 24:23; 25:22, 23; 26:3,5; 27:14; 28:16; 29:9; 32:4; 54:12; 60:14; 63:6,14; 68:1; 70:9; 75:24; 76:5; 79:9,20; 83:8; 84:16; 97:21; 108:23:110:10; 114:6,18; 115:24; 116:1, 2, 22; 117:25 formal 16:2; 127:3 formally 127:7 formed 66:8,17; 68:19; 115:4 formulas 37:22 formulation 37:10, 25; 111:18 formulations 51:8; 58:6 forth 63:19; 77:3; 127:5 forum 66:6 forward 47:1; 93:11 found 10:24; 16:15; 31:23; 77:2; 88:4; 99:21;110:1,9,12 foundation 124:18 four 121:2; 127:23 Fowler 39:6 frame 60:17; 82:20; 88:16;90:18 gained 94:19 Gann 105:20 gap 105:14 gave 22:9; 28:11; 29:1,6,18; 38:5; 85:3; 128:14; 129:2, 6,18 GE 23:5,11,17,24; 51:3,6; 65:22; 71:16; 73:7,8,11;75:18,20; 78:3,3; 79:2,18,24; 80:10; 93:6,18,19; 133:22 gee 55:8; 57:14 Geigy 8:19, 23; 9:12 General 4:12; 19:24; 22:23; 23:11; 24:12; 32:24; 33:1; 34:25; 36:3; 37:9,13; 46:14, 23; 65:14,14,21; 71:14; 72:16; 83:13; 100:16; 101:1,11; 106:4; 121:12; 133:13,14 generalized 63:8 generally 13:15; 83:2 generate 126:24 generated 58:23 gentleman 130:13; 131:25 gentlemen 81:1; 92:2; 100:23 geographic 49:5 gets 34:21; 64:10 gist 131:12 given 15:20,25; 16:25; 19:3,6; 22:23; 23:2; 29:14; 34:18; 55:11; 99:24; 102:21; 116:25; 126:18,18; 127:1,19; 133:2; 134:1 Francisco 128:1 giving 11:14; 42:16 Frank 43:2 glanced 22:5 frankly 54:25 front 89:18; 95:9 full 57:7; 90:22 function 104:12 functional 43:18; 44:4,7,12; 45:5,8; 46:4,9,20;47:13,17; 50:8; 56:5 glass 46:17 goal 57:2,19,22; 58:23; 59:2; 77:25 goals 57:16 God 128:22 goes 37:23 good 11:4; 56:1; 89:23 functions 14:3; 53:16 Gossach 81:16,16; 100:20; 101:1 furnish 93:11 Gossage 108:17 gotton 76:17 governed 122:16 Government 53:25; 61:21; 64:3; 66:12; 77:7 gradually 77:19 graph 122:7,10; 123:16,23; 124:4, 15,21 great 55:1,6; 62:17; 66:13;72:5;74:7; 95:4; 110:20; 126:25; 127:2; 128:18 greater 70:14 gross 107:6 group 11:24,25; 12:6; 18:3; 27:24; 35:17:37:12,13; 38:3; 41:2; 43:9,9, 13,13,15,16,17,20, 22, 23, 24, 24; 44:1, 2,4, 5,8,9,13,15, 22,24; 45:3, 5,9,13, 15,18,24,24; 46:5, 5,9,10,21; 47:2,6, 12,14,16,17,18; 50:6,8,13; 53:12; 54:22; 55:6,7,12; 56:6; 81:6; 82:18; 100:19; 106:14; 111:7;115:3; 17:12; 118:5,19; 125:2 groups 45:19; 46:3, 25; 50:3:51:15,22; 52:16; 64:4; 66:14; 82:16,19; 89:24; 100:16; 117:18; 119:21 grow 57:14 growing 107:23 growth 56:22 guess 15:14 guessing 85:3 guidance 14:1; 42:16 guidelines 68:4 H H.B 39:6 hadn't 11:4; 96:7 hair 88:5 Halowax 24:15; 25:6, 10 handing 29:12 handle 65:1 handled 9:8; 16:7; 26:18; 33:22 handling 15:15; 117:24 happen 78:5,19, 25 happened 15:18; 35:23;72:10; 116:8; 126:10 happening 16:15; 71:19:98:4 hard 116:6 hardpressed 25:15 harmful 34:10 Harold 125:3 hasn't 86:11 haven't 95:12; 118:10; 125:16 hazards 71:16,17, 24 head 9:3,6; 44:11; 48:8; 50:7,12; 56:7; 104:11 health 33:25; 34:15 hear 89:2; 115:21 heard 18:1,2,4; 25:12,14; 29:22; 30:2; 41:1,9; 52:15; 54:5; 55:24; 60:1,21; 61:16; 82:4; 108:12 hearing 94:12 heat 50:4,14; 51:18; 59:5; 71:6; 76:17; 90:1 held 42:5; 51:22; 86:2,23; 100:1; 126:6,17 Help 11:17; 51:13; 62:19; 72:10; 86:15 helped 68:21 Hercules 39:14,17 hereby 135:6 higher 47:8;90:13; 110:18 himself 112:10 hindsight 123:4 Historical 87:8, 25 history 63:18; 132:12 hoc 115:5 hold 129:25 home 129:3 honestly 25:24; 112:9 Horrible 23:20 hot 39:7 Howard 44:12; 81:18; 100:18; 108:17 human 41:7,13; 88:4; 99:12,15,22; 108:22; 109:13; 110:15 humans 95:23; 111:19 hundred 73:15 Husch 135:12 hydraulic 50:11; 61:10 Hydro 87:3 hydrocarbon 8:15; 10:7; 85:8,17 hydrocarbons 8:12; 9:14; 11:23; 13:6; 24:22 hygiene 15:14; 53:16; 87:22 hypersensitive 24:21 hysteria 107:23 I IBT 131:11,15,17, 19, 22; 132:10,14, 17, 20 idea 32:24; 124:6; 133:4 identification 109:18; 124:23 identified 88:3; 90:13; 109:19 immediate 119:15, 19 immediately 59:18 impact 90:25;91:16, 21; 94:9 implementation 119:14 implementing 119:17 implication 120:22 implications 55:22; 57:7 implies 109:4 important 76:20; 108:2; 127:9 impossible 102:12 impotence 32:3,9 impractical 96:2 in-between 105:14 inadvertent 77:3 incinerate 106:3 include 33:15; 40:22;119:20 included 13:10 includes 119:18 including 64:5; 80:15 incorrectly 33:22 increase 57:19,22; 59:2; 104:13; 123:7 increased 58:6; 85:7,15; 122:23 increasing 57:2; 58:24; 124:12 indeed 71:12; 111:10 indemnification 79:1,18, 24; 80:10; 81:9 indemnify 75:21 indemnity 75:17,20; 76:4,7; 78:2,9,21; 81:3; 121:11 index 103:4,12 indicate 20:9; 25:5; 26:11; 30:6; 32:17; 52:19; 120:5; 122:15 indicated 21:6,9; 27:17; 28:7,12; 29:1, 6; 32:9,12; 33:8,11; 46:4; 58:23;71:10; 84:8; 90:12, 23; 91:6; 95:21; 114:3; 127:18 indicates69:l indicating 112:1 indication 25:20; 41:15 indications 58:3 indirect 132:7 industrial 15:14; 53:15; 76:23; 87:22; 98:20; 130:23; 132:5 industry 26:16; 34:1; 38:10; 62:19; 64:5; 68:20; 72:6; 77:3,4, 23; 87:21; 89:22,23; 95:3; 98:19; 99:1 industry's 61:22 Inerteen 50:23, 25 infant 88:5 inform 27:23; 66:20; 67:1,5; 68:9; 69:19; 70:4,6; 79:17; 82:6, 12; 89:5; 91:18; 115:17; 117:14 informal 127:6 information 19:11, 20; 25:9; 29:18; 34:18; 60:18; 63:15; 64:12; 65:5; 68:21, 23; 69:3; 81:4; 88:8, 18; 89:8; 90:15, 24; 91:2,15, 21; 93:11, 24; 96:3,9; 100:7,14; 101:7;110:24; 112:11; 115:19; 116:21, 25; 118:25; 119:10; 133:25 informed 20:17,25; 23:23; 24:11; 27:10; 49:21; 54:4,8; 62:4; 79:23; 92:21; 99:20; 108:10; 109:17; 110:1,6,12; 111:3; 114:2; 116:17; 117:15,19 informing 60:11; 64:15; 106:17 ingest 34:14 initially 31:22; 104:9 initiating 119:17 initiative 108:5 injured 75:22; 129:12, 14 injury 78:5,20; 79:2; 129:16 insides 111:3 instances 90:11; 111:8 Concannon & Jaeger (314) 421-1000 Min-U-Script following - instances WATER PCB-00053231 Cumming M. Patou March 18,1993 Nevada Power Company v. Monsanto Company, et aL instead 71:16, 25 instigators 100:10 instincts 73:14 instituted 95:24; 120:2, 7 insurance 76:24 intended 18:19,23; 19:3; 20:17;35:14; 48:20; 60:20; 102:9; 117:7; 121:8; 122:16 interagency 64:4; 77:6 interchange 13:24 Interdepartmental 87:3 interest 85:7,15 interested 44:14; 106:17 interface 53:6 interfaced 52:25; 53:5 internal 18:21; 81:21 internally 52:15 International 5:12, 20; 98:18; 99:1; 104:21, 22, 24 interpreted 118:4 interrupting 72:22, 23 . interviewed 116:24 into 6:15; 7:23; 8:9; 11:7; 20:12; 37:23; 38:3,4,14; 41:19; 54:6; 59:22; 60:8; 61:12; 75:17; 77:9; 78:2, 20; 79:18, 23; 80:9; 84:5; 86:16; 93:15,16; 96:4; 98:3; 105:3; 111:4; 112:2; 113:4; 124:6; 135:25 introduce 60:7 introduced 4:8 investigation 109:24 investigators 90:7 investment 104:12, 13 involved 8:6; 12:2; 14:18,25; 21:2; 44:24; 55:17; 66:13, 24; 76:25; 80:20; 105:1; 107:6; 118:6, 23; 119:21,23; 122:22; 124:19; 129:2 involvement 92:7; 107:15; 124:9 involving 55:16; 62:5; 82:8,14; 126:11;128:17; 131:8,10; 132:19; 133:11 isolation 117:11; 118:4 isomers 90:14 issue 52:17; 55:12; 62:15; 72:7; 76:9; 79:12; 87:9; 95:9; 115:7; 124:10 issued 98:19; 99:2 issues 9:9; 11:3; 47:1; 52:3; 57:13; 74:5; 78:14; 102:16 item 121:2 J Jack 59:7 Jacksonville 128:10,11; 129:21 Japan 97:1,5,17, 22, 24; 98:1,3,4; 99:1 Jensen 31:8,12,20; 55:24; 88:1 Jensen's 90:7 Jensen/Widmark 41:17, 20, 23 job 7:17; 8:2; 10:11; 11:1,8,9; 12:4, 24; 13:1; 16:3,9; 24:9; 42:7; 43:4; 44:8,14, 24; 45:7; 50:1,7; 51:14,20; 61:15; 62:3; 107:13; 112:20, 21,24; 113:4; 116:25; 120:14; 125:17 jobs 53:14 John 59:6, 6; 135:3 joined 7:10;8:19; 18:3; 36:20 joint 97:24; 105:1 jointly 118:13 Jordan 105:21 Journal 79:17; 131:8; 132:18 journals 72:8 judge 33:19 jumping 116:7 June 105:20 Katayama 98:10 keep 110:24; 116:14; 127:9 keeping 54:8 Keller 53:3; 55:17 Kelly 15:9;24:11; 26:10,21;53:1,1,6, 14; 54:9,17; 55:12, 17; 102:25; 111:16; 112:10,16; 115:13 Kelly's 111:21; 112:7 Ken 12:18 Kentucky 128:5,15 kept 54:4; 82:21; 103:6,12; 127:14 key 42:15; 102:15 kind 5:11; 8:4; 26:2; 34:5,15; 44:23; 56:8; 60:20; 103:19; 115:4; 125:17 Kingdom 118:14 knew 26:17; 57:11; 64:9; 65:13,20; 67:18; 68:17; 70:19; 72:3; 78:14; 130:25 knowing 44:14; 69:17 knowledge 11:16; 32:25; 62:20; 133:14, 18, 22 known 7:19; 13:9; 25:17; 27:21; 38:7; 39:19,20; 43:9; 44:1; 59:23; 62:24; 63:12, 22; 64:14; 114:23; 115:18,19; 116:19; 117:17 Korea 105:2,3,6; 130:1 Korean 105:7 L label 83:6 labels 21:8; 115:19; 116:20 laboratories 9:3,7; 88:2 laboratory 9:8,11; 110:9; 130:23 labs 131:11,16 language 63:25 large 125:24 last 13:16; 31:8,12, 20; 59:7; 60:2; 123:16; 128:6,15; 129:19 lasted 61:13; 133:12 late 58:13,24; 59:1, 25; 60:1; 84:25; 85:6, 15,20; 88:1; 90:9; 114:25; 117:5; 132:23; 133:12 later 30:3; 38:19,19; 58:12; 93:2; 103:24; 111:9 Latin 13:3; 42:9,11, 12, 24; 43:5,8; 47:22; 48:7; 49:6,9,17,20, 21; 51:10; 112:21, 23 latter 45:1,4,16,23; 46:6,22; 48:15,16; 51:14; 61:3 launched 90:21,22; 91:14,20 Laurie 135:16 law 97:18, 22; 135:12 lawful 4:2 lawsuit 4:12 lawsuits 114:4 lawyer 21:11,14; 78:12; 130:9 lawyers 133:3 lead 97:25 leaks 77:2 learn 12:3; 15:17; 60:6,25; 99:15; 117:22; 131:19 learned 16:17; 97:5; 111:8; 131:9 learning 41:6; 64:24; 68:10; 82:2 least 34:22; 50:12; 64:25; 74:5; 82:3; 122:2, 6 leaving 77:13 led 97:25 left 10:18; 40:8,16, 19,20; 62:3; 72:15; 89:20; 103:11; 111:7; 123:20 legal 76:12; 78:23; 81:7; 114:4; 119:20; 121:6; 131:2 legalese 76:11 Legally 121:2 legislation 60:8 less 101:18 letter 76:1,2; 77:13, 15; 78:16; 80:3; 98:10,17; 100:18, 23,25; 101:4,11; 105:20; 112:15; 119:13; 125:1 letters 22:14,16,17, 19, 22; 23:1,5,8, 9; 71:7; 82:16,19, 22; 106:2 level 46:2; 50:10; 58:11,15,16; 95:23; 108:3 levels 47:9; 64:20; 84:10; 85:11,19 Lewis 24:11 Liabilities 121:19 liability 114:4; 121:5,9,13 liason 119:22 life 11:5; 95:22 likelihood 48:4 likely 108:5 limit 61:17 Limited 5:16; 7:10; 87:6; 108:3 line 16:5; 25:2; 95:9; 124:20 lines 58:2; 106:13; 134:3 list 80:2, 2; 122:19 listed 81:22; 98:14; 126:4 lists 103:7 literature 16:16,19; 31:14 little 21:18; 49:15; 83:11; 85:13; 113:7 lived 104:4, 5 liver 27:25; 28:7,23; 63:5,7,13 livers 28:13 living 10:25 located 8:22; 39:8, 17; 40:1 locations 77:21; 119:23 long 5:19; 7:20; 9:4; 10:9; 11:20; 12:19; 37:4; 42:23; 49:14; 125:19 long-term 95:23 longer 77:10,11; 97:5,12; 112:19 look 11:5; 29:16; 78:11; 119:12; 121:1; 122:7; 123:16 looked 77:23; 90:4; 102:25; 103:7; 123:3 looking 8:7; 54:3,6; 78:12,12, 23; 94:21; 104:2; 108:7; 115:3; 122:20 losing 128:22 lost 75:22 lot 11:3; 38:2; 54:7; 55:5; 64:12; 80:16; 89:20; 103:20; 127:1 Louis 5:17; 7:3,15; 10:21,23:51:11; 98:11; 125:24; 126:2, 6; 135:2,13 low 85:11,19; 95:23 lower 64:21; 84:10 lubricant 128:23, 24, 25; 129:8 luxury 103:9 M M 4:1 M.D 112:16 machinery 97:6,13, 19; 98:21; 99:3 mailing 64:2; 100:16; 101:1; 112:1 mailings 88:22 main 13:12 maintain 56:6,14 maintained 40:21; 56:16 major 33:24 makes 72:4 makeup 15:21; 16:1 making 11:15; 53:20; 92:16, 21 man 23:24;43:2; 53:3 management 46:14; 47:8; 55:2; 77:9; 118:7; 128:17 Manager 12:5,13, 20, 22; 13:2,4, 20, 21, 22; 14:8, 8, 9,12, 13.14.15.18, 24; 15:2, 3, 5,7,19,24; 16:12, 24; 17:6,25; 18:6,8; 20:9,25; 23:10; 24:9; 25:5,16; 26:11,23, 25; 27:9, 22; 28:12, 21; 29:19; 30:20, 23; 31:3, 7, 9, 11,18,25; 32:8,17; 33:8,11; 35:2,7,23, 25; 36:13,19,25; 37:5,11; 38:25; 39:23; 0:9,16; 41:12; 42:8, 23; 43:7; 45:12; 46:2, 3; 47:3, 3,21; 48:12,18, 23; 49:4,8, 16,19; 50:3; 51:9,15, 16,21,25; 53:10; 54:9,17; 55:23; 56:7, 18; 57:18, 23; 58:6, 22; 59:3,4, 5,9,12, 14.15.18, 21,22; 60:6, 25; 61:7,8,16; 62:3; 66:20; 72:16; 73:7,12,16,20, 25; 74:5; 76:13; 77:8; 82:12; 87:14; 89:5, 24; 3:18; 94:5; 96:21, 24; 97:2, 5,11; 99:11, 14; 100:4; 101:12; 102:8,10; 103:5,17, 19; 107:14; 109:16, 25; 110:6,8,12; 111:2,15, 25; 113:2, 4,8, 25; 114:1,2,14, 25; 115:16; 116:16; 117:13,15,22; 119:6,16; 120:2; 122:14; 131:14; 133:10 managers 45:10, 11; 51:17 managing 104:23 Manchester 8:24 mandate 116:13 manufacture 8:7; 67:14; 97:6,12,18; 99:2; 121:23; 122:11 manufactured 25:6; 30:11; 50:16; 51:7; 56:19; 57:19; 58:16, 18; 66:4; 67:16; 69:20; 70:7,13,15; 88:10,20; 89:7; 90:17; 91:5,19; 92:22; 93:8, 20; 94:8; 96:6; 97:17; 98:22; 100:14; 108:20; 109:11; 116:18; 117:16 manufacturer 69:14; 77:20; 133:23 manufacturers 14:25; 37:6,20; 63:16; 64:6; 67:10, 10,13; 77:5; 82:23; 83:4; 87:5 instead - manufacturers Min-TJ-Script Concannon & Jaeger (314) 421-1000 WATER PCB-00053232 Nevada Power Company v. Monsanto Company, et al. Gumming M. Paton March 18, 1993 manufacturing 8:9; 14:4; 37:7; 53:18; 67:25; 68:11;71:23; 123:6,12,14 many 11:3; 12:14; 15:13:16:21,21; 22:3; 33:21; 38:16; 76:20; 82:19; 88:4; 89:22, 22, 22; 90:10; 92:11,11;93:2; 94:23; 106:1; 113:5; 117:18; 118:4; 127:21; 128:9 March 98:9; 111:23; 112:7,15; 135:18 marine 39:14 marked 124:23 Market 12:5,13,19, 20, 22; 14:14,15,18, 24; 15:2, 3,7,19,24; 16:12, 24; 17:6,25; 20:9, 24; 26:24; 31:9; 33:11;35:2,6,23, 25; 36:13,19, 25;37:5, 11; 38:25; 40:9,16; 41:11; 45:10; 47:3; 48:11; 51:17; 59:21; 107:14; 121:4,8; 128:2 Marketing 13:2,4, 20, 21; 14:7, 9,13; 18:6,8; 23:10; 24:9; 25:4,16; 26:11,23; 27:9, 22; 28:11,21; 29:19; 30:20,23; 31:3,7,10,18,24; 32:8,17; 33:8; 42:8, 23; 43:5,7; 45:11; 47:21; 48:12,18,23; 49:4,8,16,19; 51:9, 15; 81:5,8,15; 100:20; 119:21 markets 103:19 material 33:12,15 materials 26:17; 37:24; 55:19; 88:4; 102:9; 131:15 matter 19:14; 77:12; 79:4; 128:13; 129:22 may 23:8,25; 24:20; 25:13;39:10; 46:11, 12; 48:10, l6;6l:4; 81:20; 82:3, 5; 89:1; 95:7; 113:6; 115:6; 120:7; 125:25 maybe 12:9; 14:11; 22:17; 30:2; 49:16; 53:21; 77:17; 80:7; 81:6; 85:12; 99:19; 111:8; 112:11; 116:10; 128:7; 130:1 MBA 7:1 MCL 118:14; 119:22 mean 18:21; 20:21; 22:5; 26:4; 33:22; 36:20; 43:18; 53:6,9; 56:13; 57:24; 60:3; 72:24; 74:24; 75:1; 78:22, 22; 86:14; 103:3; 111:20; 124:2; 129:19 meaning 33:2 means 24:5; 26:6; 32:23; 53:10; 65:5; . 78:13,15:88:24; 91:11 meant 13:15; 36:6; 77:14; 78:12; 84:12; 103:3 mechanism 68:18 mechanisms 98:3 medical 24:11,12; 26:8; 28:4; 30:5; 33:4; 36:2,10; 48:25; 53:15; 54:10; 72:17; 73:1,9,18,22; 119:20 meeting 55:8; 125:22, 24, 24; 126:1,6,10,17,21; 127:5,10,13; 132:2 meetings 126:24; 132:4 J melt 39:7 member 44:8 members 44:15; 45:8 memo 97:23,25; 99:5,6; 111:17,21; 112:7 memorandum 81:21 memory 60:3; 97:8; 112:3; 113:6; 128:22 memos lll:i6 men 23:12; 32:1 menial 54:3 mention 28:22 mentioned 25:1; 27:18; 41:12 merely 64:9 Messrs 135:12 met 16:6; 21:18; 132:3 method 90:7 methodologies 55:19; 84:22; 85:10, 18 Mexico 42:11 mid 45:21; 58:13 middle 108:7; 128:7; 129:6,19,19 might 8:3;14:21; 18:2,12; 20:6; 27:20; 28:3; 32:9,13,18; 37:22; 38:13,19,21; 39:13; 44:11,12; 4 48:9; 52:22,23; 53:21; 54:20; 55:17; 58:8,8,11;59:11,12, 21; 61:9; 63:22; 68:13; 69:19; 80:15, 16; 81:3, 5,10; 95:15; 100:17; 101:4; 102:23; 103:20; 108:13; 120:4; 122:21; 127:5; 131:7; 132:3 milk 88:5; 99:12,16, 22; 108:22; 109:13; 110:2, 4,9,13,15 million 85:2; 107:7 mind 62:1; 135:19 mini-business 13:22 Ministry 98:18; 99:1 Minneapolis 39:10 minute 4:8; 38:12, 12, 20; 46:19; 56:4; 72:21; 86:9; 92:18; 101:23; 102:1; 115:21 minutes 126:9,21; 127:9 Missouri 5:8; 134:13; 135:1,4,14 misstated 124:21 mistaken 128:5 MITI 98:19 Mitsubisi/Monsanto 98:10 mixed 51:5 mixtures 90:13 modify 12:9,12 moment 33:17; 83:19; 117:5 money 75:22 Monsanto 4:12; 7:10,14,15,18, 24; 8:1,10; 10:21,22; 11:6,10,11; 13:3; 18:3,16,18,19, 24; 19:1, 3,7,7; 22:19, 22; 23:2; 24:12; 26:11,22; 27:10,23; 28:6,11, 20; 29:1,6; 30:12,17,19; 31:18; 32:1; 33:7; 34:20; 35:14,25; 36:21; 38:24; 40:11; 41:11; 42:9,21,24; 43:8,9, 13,21; 47:11,21,22; 48:19,21; 9:20,21; 50:16; 51:5; 52:12, 15; 53:16; 56:11,19; 57:1,10,19; 58:16, 18, 22; 59:25; 60:11, 24; 62:4,10,23; 63:3, 21; 64:25; 65:13,20, 22; 66:2,5; 67:4,16, 18,21,22,25; 68:5, 8, 23; 69:2,4,6,16, 18,22; 70:3,6,19, 20; 71:14,15,20,23; 72:13; 73:4; 74:6,17; 75:17,21; 78:2,3; 79:1,5,7,15,17,23; 0:8; 81:2,10; 82:6, 12; 83:4,6,13,18, 23; 87:5,12; 88:7,10, 13,18, 20; 89:5,7; 90:15,17, 21; 91:2, 5, 14,17,19,20; 92:15, 21,22,23; 93:9,18, 21; 94:5,8,8,18; 95:7,23; 96:3,6,8; 97:15,17; 98:11; 99:20; 100:7,11,14, 14,22; 103:12,15; 104:6,13,17; 105:10,13; 106:3; 107:5,22; 108:11, 21; 109:8,12,17; 10:21; 114:3,15, 22, 23; 115:19; 116:17, 18,19; 117:15,16, 23; 118:12; 119:18; 120:23; 121:6,12; 125:2,14; 126:3,21, 23; 127:5,8; 130:9, 12,17,20; 131:1,15, 18; 132:9,13,19, 25; 133:1,13,18,24,25; 135:10, 16 Monsanto's 30:5; 33:7; 34:10,19; 48:25; 62:18; 63:11; 67:23;71:1; 104:10, 22,24; 107:6; 109:5; 114:4; 115:17; 116:20; 121:13; 122:7,15 monthly 47:2 months 5:21;48:15, 17; 105:3 more 7:23; 12:9; 16:9; 38:21; 48:1; 49:5; 57:12; 62:12; 80:20; 85:13; 90:1, 24; 91:15, 20; 94:19; 95:10; 101:2,18; 103:9; 108:4; 127:6; 129:15 morning 21:18,22; 22:7, 11 morphological 28:13 most 17:4; 19:11; 66:24; 67:8; 92:13 mother's 99:12,15, 22 mothers 110:1,4 motis 101:17 mounted 88:6 mouth 20:20 move 11:4, 5; 50:1; 65:11; 69:25; 124:14 moved 7:3,23; 9:17; 14:5; 16:18; 46:12 moving 116:14 much 10:25;33:23; 34:14; 40:2; 57:20; 64:20; 68:17; 72:3; 73:5; 92:11 multiple 95:14 multipoint 91:14,20 museum 88:6 must 55:9;64:13; 98:22; 119:22; 128:22 myself 44:11;54:21; 70:23; 103:10 N 135:13 name 4:7; 5:15; 9:25; 10:1; 12:1,17; 15:5; 20:2; 22:6; 31:8,12, 20; 39:6,11; 43:18; 45:7; 51:1, 3; 55:18; 59:6,7; 60:2; 105:23; 130:16; 132:1 named 25:6; 130:13; 131:25 names 38:23:39:3; 40:7; 46:11;50:23; 81:12 Naphthalene 23:15, 19; 24:2,15 narrowed 77:19 National 38:6; 40:2 nature 15:11;22:12, 13; 52:13; 114:15; 127:13 NCR 38:5, 23 near 98:5 necessarily 39:20; 117:7; 118:17 necessary 119:19 need 27:4,5,18; 42:14; 55:7; 80:17; 102:16; 118:9 needed 16:8; 55:22; 78:17; 80:4 needles 88:5 needs 9:10; 33:20; 35:11; 98:7 negotiating 105:1 negotiations 105:4 neighborhood 23:12 neither 81:1 network 101:5 Nevada 4:11;74:9, 13,17, 20; 135:9,9 new 9:23; 10:3; 19:20; 35:11; 36:15 newspaper 131:7, 23 next 9:16; 12:4; 55:22; 83:2; 87:8; 90:6; 91:10; 104:25 nine 105:3 nobody 64:9 nominated 95:3 non-Monsanto 127:1 non-plasticizer 18:13 nonresponsive 65:12; 124:15 Nor 75:1; 115:18; 116:20 normal 13:24; 15:16; 17:4; 19:14; 108:13; 125:17 normally 48:10; 120:12; 126:20 Notary 134:12,13; 135:3 note 61:22 nothing 4:3;80:15; 82:10; 121:23; 134:6; 135:21 notice 68:6; 98:19; 99:2; 135:6 notification 116:12 notified 83:15; 115:18; 116:19 November 87:5; 106:17, 22; 107:13, 21; 109:9,17; 113:9; 116:17:117:14,23; 121:6 number 46:3; 66:8; 95:13; 116:8; 129:25 numbers 95:16; 107:10 Numeral 119:13 o O'Fallon 59:7,7,8, 12 oaths 135:5 Object 15:22; 24:23; 25:22; 27:14; 28:16; 29:9; 32:4; 54:12; 60:14;63:6,14; 68:1; 70:9; 75:24; 76:5; 79:9, 20; 83:8; 84:16; 97:21; 108:23; 110:10; 114:6,18; 115:24; 116:22; 117:25; 124:17; 127:11 Objection 94:16; 121:15; 134:2 objectionable 109:4 obtain 90:24; 91:20 obtaining 91:15 obviously 54:7; 92:6; 115:8; 122:20 occasions 127:19, 21 occur 127:25 occurred 27:18; 128:1 occurring 24:14 October 125:3 odds 108:12,15 off 20:14; 42:5; 48:17; 51:6; 86:1,2, 7,22, 23; 99:25; 100:1 offered 106:6 office 5:17; 51:10; 135:18 offices 42:13; 135:12 officially 115:18; 116:19 Concaimon & Jaeger (314) 421-1000 Min-U-Scxipt manufacturing - officially WATER PCB-00053233 Gumming M. Paton March 18,1993 Nevada Power Company v. Monsanto Company, et al often 12:8 Ohio 9:19, 20; 125:4 oils 133:19 omission 119:9 once 57:11; 68:18 one 4:8,20; 9:3,6; 12:15,15; 16:13; 17:24; 19:12; 20:4,6, 11; 22:6,8,17; 23:24, 24; 24:13; 27:2; 29:12,13; 35:9,17; 36:12,12; 38:3; 39:6; 43:24; 44:11; 51:17, 18,18; 53:11,20; 57:16; 58:9,10; 62:20; 64:7,7; 66:6, 9,9,23; 68:13,15; 69:1; 73:21; 77:16; 78:13; 81:18,22; 86:17; 92:13; 95:19; 97:23; 9:18; 100:17, 18,23; 101:2; 106:12; 111:8; 118:6, 16,18; 120:4; 121:16,18,22, 23, 24; 122:1; 125:25; 126:4,24; 127:1; 128:1,2,7,9; 129:21, 22; 130:19 ones 13:12; 36:15; 100:5; 110:18 only 18:21; 29:12; 30:2; 35:16; 36:3,20; 55:4,16; 69:5, 6,9, 10; 77:11,15,20; 99:17; 106:23 Ontario 87:2; 90:24 operates 41:7 operations 104:22 opinion 118:16 opperandi 101:17 options 115:6 order 34:9,15; 57:6 Organic 13:2; 42:8, 20, 24; 43:8; 47:10, 21; 48:8,12,19,24; 49:4,4,8 organization 40:3 organizational 43:19 organized 64:3 others 20:7; 22:18; 40:6; 52:14; 54:22; 73:4; 75:12; 99:24; 117:19 Otherwise 129:1 ought 20:13; 54:6 ours 93:4 ourselves 20:2 out 16:15; 27:19; 28:6, 20; 29:12,14, 18; 30:19; 31:18,25; 32:8,16; 33:7,7; 35:19; 36:1; 38:15; 41:11; 45:21; 47:7; 60:20; 62:1,17; 63:15,18;64:3; 68:12,21,23:72:6; 76:17,25:77:25; 82:16,19,22;88:22; 101:4,8,8,11; 103:10; 106:2; 111:1; 114:21,24;115:6; 117:10,10; 118:7; 123:6; 132:16 Outlining 113:10 outside 52:16; 69:20; 70:7,13; 110:21 over 11:21; 15:16; 16:4; 26:25; 44:18; 45:20; 58:1; 61:6; 84:22; 122:7,24; 123:24 own 5:13;42:13; 64:9; 70:20; 71:1; 77:18; 89:25; 115:5 owned 7:14 P P 44:23 P-o-l-m-e-r 6:13 P-o-l-y-s-u-l-f-i-d-e 10:5 page 87:8; 89:9,9; 91:3; 95:12,16,16; 96:3,4; 108:7; 113:20; 119:12; 121:1,2, 22 pages 126:4; 130:11; 135:25 paid 131:1 paint 111:18 Papageorge 53:5, 19,24; 66:24; 80:25; 87:9,12,15; 88:1; 90:3; 91:8; 92:9; 94:19; 96:8; 100:4; 101:5; 108:18; 112:11,16; 120:13 Papageorge's 90:23 paper 38:8;4l:17, 20, 23; 107:16 paragraph 86:16, 22; 87:25; 89:8; 90:6; 91:3,10; 98:17; 120:3, 8 parallel 34:12,13 part 33:25; 37:9; 42:20; 44:10;45:1,4, 16,23; 46:6,22; 48:14,15,16; 51:14; 55:11; 56:25; 57:18; 61:3,4; 71:21; 75:20; 80:20; 94:8; 95:13; 109:5; 119:10; 120:14 participant 132:4 participants 127:2 participated 68:20; 96:7; 101:14 participating 108:1 particular 11:16,18; 21:19; 34:13; 35:17; 41:2; 45:22; 53:12; 85:21; 89:24; 101:19; 102:7; 115:1,7; 117:8; 118:6; 119:8 particularity 102:5 particularly 27:8; 71:5; 102:22 partly 58:9 parts 66:8; 84:19, 20; 85:2; 96:21 party 76:12; 87:4 pass 13:23; 133:25 passed 97:18, 22 passes 10:14 pathologic 29:2 PATON 4:1,7;5:16; 133:10; 134:8; 135:17,19 Paul 59:13; 66:23; 80:25; 89:21; 98:11; 105:20; 130:13,14 pay 79:7 payments 133:2 PCB 24:5; 27:13; 28:7; 35:1; 37:6; 43:24; 46:25; 57:9; 58:16; 83:5; 87:9; 108:4; 113:10; 115:17; 116:18; 117:16,24; 118:14; 121:23; 129:12,16; 133:19 PCB's 27:24 PCBs 18:1,10; 19:4, 8; 20:9,18,25:21:2; 22:23; 23:2,6; 24:4; 26:13; 27:7,24; 28:14,22; 29:3; 30:11,17; 32:2,9,10, 13,18; 33:9,16; 34:10,14,19; 35:4, 14,17:37:2,13; 38:14; 40:11,14,18; 41:7,12; 42:20; 43:10,14,17,22,25; 44:16, 23; 45:4,15, 18,19, 25; 46:6,9, 21, 25; 47:23; 48:21; 49:1,22; 0:16; 52:1, 4; 54:11,18; 55:1,12, 14; 57:19; 58:18,24; 60:9,13,17,19; 61:12,18; 62:6,12, 22, 25; 63:5,13,18, 22; 64:1,13:68:11; 69:5,6,15,19; 70:4, 7,13,15:71:2,16, 24; 72:4; 75:18,23; 76:10,18; 78:6,15, 20; 79:3,8; 80:1,11; 82:8,14; 83:7; 84:10; 85:1,10,19; 87:4; 88:10,20; 89:7; 90:17; 1:5,19,21; 92:23; 93:8,20; 94:7, 9; 96:5, 21,23:97:1, 7,13,17,19; 98:2,3, 22; 99:2,12,15,21; 100:8,13,15; 101:14; 104:1; 107:6; 108:20,22; 109:11, 13,18;110:1,9,12, 16,18; 111:3,4; 114:5,15;115:20; 116:20; 117:17; 118:13; 121:14; 122:11,15,17; 123:12; 128:25; 129:9; 131:15 peaks 88:3 pending 135:7 people 21:5; 24:21; 29:14; 32:10; 34:23; 35:19; 39:1; 44:15; 52:24; 53:13; 55:21; 64:19; 68:16; 72:17; 73:1,9; 76:18; 77:15; 79:5,25; 80:14,15, 16, 20, 22, 24; 81:3, 5,13, 22; 85:4; 91:7; 92:3,6; 93:12; 95:3, 6; 97:23; 100:17; 102:14; 108:6,18; 112:10; 116:24; 117:11; 118:6,19; 120:10; 126:4,11 per 84:19, 20; 85:2 percent 13:17; 57:14; 73:15 performance 42:19 performed 83:16; 95:18; 131:10 Perhaps 19:9 period 26:25; 61:6; 62:15,16; 64:20; 73:6; 84:9; 92:6,10; 103:18; 128:18; 132:24; 133:17 periodic 54:23 persistant 76:10 persistence 41:16; 52:5; 57:8; 64:22; 66:16 person 12:16,17; 42:16; 73:3; 92:15, 20; 104:24; 105:4 personal 11:5; 27:4, 6 Personally 28:2; 47:25; 89:20; 94:3 pesticides 85:9,17 Ph.D 6:9,17, 25; 7:6 phase 83:2 phaseout 46:13; 116:9,11 phases 16:7 phasing 45:21 phone 80:4 phrase 49:3; 64:22 picked 16:3,8 pile 22:1 pilot 8:7 pine 88:5 pinpoint 25:14 pipeline 128:8; 129:7 place 36:14; 83:14, 24 places 110:17 Plaintiff 4:4; 135:10, 15 Plaintiff's 30:24; 81:19; 85:24; 95:13; 96:15; 98:9; 102:3; 105:18; 106:9,16; 112:15; 113:13; 124:23; 125:18 Plan 113:11; 118:7 planning 57:25 plant 8:8; 24:14; 125:3 plants 98:5 Plastic 39:24 plasticizer 14:21; 18:3; 92:7; 103:25; 111:7,9:112:20; 113:5; 116:10 Plasticizers 11:25; 12:6,7,14,20; 13:5, 20; 14:10,18,24; 15:3,8,20,25; 16:25; 17:7; 18:1,12; 20:9; 23:11; 24:10; 25:5, 17; 26:12,23; 27:9, 23; 28:12,21:30:20, 24;31:7,11,19,25; 32:9,17; 33:8,12; 35:2; 36:19, 25; 37:5, 12; 38:5, 25; 39:23; 40:9,17; 41:12; 104:1;107:15,16 plasticizerss 29:19 plastics 6:16; 12:9, 12; 37:7,8 Plaza 128:2 please 89:2;94:12; 115:22 plugging 24:18 plus 105:13; 107:16 point I4:l;4l:15; 43:23:44:10,17; 45:14; 53:12; 56:20; 58:13; 60:19; 69:23, 25; 75:14; 82:9; 87:19;88:11,12; 91:11,14; 97:4,10; 103:23; 106:3; 108:14; 116:6; 118:17; 127:6; 128:10 points 76:12 poisoned 25:21; 26:1 poisoning 24:21; 26:6,13,15; 27:12; 34:5; 62:13; 63:23 poisonings 26:14 policy 103:15; 106:13; 124:11; 127:16 pollution 107:23; 113:10 Polmer 6:11,14 polybenzylfurans 30:17 polychlorinated 17:8,10,12,14,16, 17, 22; 24:5; 29:22; 30:6,10, 21; 31:1; 70:14; 87:2; 88:3; 90:8,12; 91:16; 95:25 polymer 7:24 polymers 6:15 Polysulfide 10:4,6 porduct 58:22 porducts 132:19 posed 111:16, 21 position 11:6,16:5, 18; 23:23; 29:13; 51:20, 22; 59:10,19; 61:13,22; 64:13; 87:15; 103:16; 116:24; 121:3,7; 128:17 positions 81:7 possibilities 62:22 possible 26:13; 113:19; 114:4 possibly 80:25,25; 98:4; 120:13 post-graduate 6:24; 7:5 potential 26:14,15, 19; 27:1; 33:3 pounds 34:7,11 Power 4:11;74:10, 13,17, 20; 135:9 practical 76:13,15, 16; 77:12 practice 19:15 pre 103:23 precautions 17:3; 18:9; 20:11,13,15; 21:9 preceding 59:18 predecessor 16:15; 33:13 premise 123:2 premises 124:6 preparation 21:17; 124:19 prepare 46:21; 49:20 prepared 18:15,17; 46:24;55:12,16; 87:25 preparing 108:1 prescriptions 21:6 presence 84:18; 85:1,7,15;90:8,9; 91:16,21;94:9; 95:20; 108:22; 109:13 present 5:5; 11:17; 30:11; 114:15; 121:3, 7__________________ often - present Min-U-Script Concannon & Jaeger (314) 421-1000 ) \ } WATER PCB-00053234 Nevada Power Company v. Monsanto Company, et al. Gumming M. Paton March 18, 1993 presentation 22:9; 87:2; 90:23 presently 5:9 press 72:8; 108:8,11 presumably 27:19 pretty 34:8; 40:2; 73:10; 82:4; 96:25; 116:9 prevalent 99:19 previous 63:12; 65:10; 83:22; 89:3; 94:15; 115:23 previously 33:19; 40:14; 64:19 pricing 16:23 Primarily 53:1;65:3; 107:20; 115:4 prime 100:10 Prior 15:19,24; 36:18; 56:19; 59:10; 61:15; 125:8 priorities 122:19 Probability 123:17 probably 7:2; 9:5; 16:14,22; 19:12; 20:1; 28:4; 33:23; 42:3; 44:6; 45:1; 47:7,9, 24, 25; 53:1, 4; 56:21; 57:12; 58:3; 67:3; 73:4; 78:7; 80:3, 14; 90:1; 94:24; 95:8; 103:6,10; 104:14; 108:15; 112:19; 117:5; 118:12; 127:14 problem 33:4,24; 34:1; 54:1; 55:3; 64:7; 110:25; 118:6, 14, 21; 119:23 problems 11:3; 26:15; 33:20,21; 34:15; 119:19 procedure 35:22 procedures 36:14, 17 proceed 65:7 proceeding 115:2 process 50:5,15; 51:19; 90:2 processing 8:6 produced 7:24; 37:24 producer 37:22; 69:5,6,9,10 producers 98:1 product 10:3; 11:2, 12,13,16,18,20,23; 13:17; 14:8,12; 15:5; 16:5; 25:2,6,10; 30:4; 34:21; 38:7,22; 42:17; 45:10,19; 46:1,3, 24; 48:11; 50:3; 51:1,3,16,21, 25; 53:10,21; 54:9, 17; 55:23; 56:5,7,18; 57:18, 23; 58:5; 59:3, 4, 5,9,12,13,14,17, 20; 60:6,24; 6l:6,8, 15; 62:3; 66:19; 67:24; 72:16; 3:7,12, 16, 20,24; 74:5; 76:13; 77:8; 82:12; 87:16,17; 89:5; 93:18; 94:5; 96:20, 24; 97:2, 5,11; 99:11, 14; 100:4; 101:12, 13; 102:8,10; 103:5, 17; 104:2; 105:6; 107:9; 110:7,8,11; 111:2,15, 25; 113:1, 4, 8; 114:1, 2, 25; 115:16; 116:16; 117:13,15,21; 119:5; 122:14; 131:14; 133:10 production 98:6 products 7:24; 8:7; 9:9,13,23; 11:25; 12:8; 13:5,8,23; 14:17,20; 15:15; 17:4; 19:4,7; 25:1; 27:1,24; 30:3; 33:21; 35:2; 36:4,6,9; 37:1, 6,13; 38:9, 24; 39:18; 41:2,17; 42:15; 43:18,22, 24,25; 44:4,7; 45:5,8, 22; 46:5,9,12,20,21; 47:14,17, 23; 51:5; 53:12; 56:23; 58:2, 16, 24; 61:12; 65:16; 7:12,13,15,16,18; 68:10; 71:1,12,13; 76:21; 83:5; 87:23; 92:22, 24; 103:19; 107:17; 109:15; 115:17; 116:18; 117:16; 125:2; 128:18, 20 Professor 82:2,7, 13; 83:16, 25 Profit 121:19 profits 107:7; 122:7, 11,16,24; 123:7,20, 23; 124:12 program 7:9; 90:23; 91:15, 20; 95:24 programs 92:5 prohibit 97:18 prohibited 99:2 project 87:14; 109:16, 25,110:5; 113:24; 114:14; 119:16; 120:2 projects 105:6; 124:2 promoted 12:5 proof 71:12 properly 11:18; 17:5 properties 12:12 propounded 65:10; 83:22; 89:3; 94:15; 115:23 prospective 45:1 proven 79:7 public 119:21; 134:12,13; 135:3 publications 79:16 publicly 64:12; 77:24 published 41:21; 52:13; 68:3,6; 88:7 purchased 96:5; 109:10 purchaser 83:15 purchasers 67:23; 92:22; 93:1 purchasing 19:7; 27:23; 34:20; 60:12; 62:4; 63:21; 88:9,19; 89:6; 90:16; 91:4,18; 93:7,19; 94:6; 97:16; 100:13; 108:19 purport 76:4,8 purpose 26:2; 56:21; 106:10 purposes 57:25 pursuant 135:6 pursue 7:3 put 34:21;38:14; 44:25; 54:20; 65:15, 23; 88:23; 93:15; 114:8; 123:2 putting 20:20; 26:1; 93:14,14 Pyranol 50:23; 51:3 Q qualified 135:4 quantify 34:2 quarrel 119:2 queries 14:2 questioning 25:23; 28:17:114:19; 115:25; 116:1,3 quickly 86:14; 102:17 quite 18:25; 72:9; 116:7 quote 57:8; 77:12; 114:16 R R 112:16 R&D 14:4 Ralph 4:7; 135:14 ramifications 77:14 range 34:2 rash 25:19 rather 41:5; 58:4; 61:4; 101:18 ratings 76:23 rationally 26:20 rats 28:13 re-ask 15:24; 54:14 re-issued 35:6; 36:12 read 18:8; 47:8; 65:8; 83:20; 86:5, 22; 89:8; 95:2,11; 97:25; 112:22; 119:23; 132:17,21 readers 20:17, 25 readily 19:10; 76:22 reading 116:3; 117:22; 131:6 reads 94:13 ready 56:2; 122:25 really 30:1;38:18; 71:13; 88:24; 107:8; 109:15; 115:12; 128:17, 24 rearranged 46:12 reason 36:l6;41:25; 42:1; 70:1; 98:13; 107:10; 125:22; 132:16 reasonable 121:3,7 reasons 71:9 recall 8:13; 12:17; 16:13; 17:2,24; 18:7; 19:16; 20:11,16; 21:8; 22:6, 21; 24:3, 25; 27:1,16; 28:9,10, 18,19, 24,25; 29:4, 5,12,15,17,21; 30:4,8,22; 31:21; 32:11,12,15,19; 33:10,17; 35:5,10; 36:15,24; 37:3,23; 38:16,22, 23; 40:4,6, 15; 41:2, 3,6,10,14; 42:2,3; 43:11; 48:9, 15; 49:2, 23; 50:4; 3:3; 55:15; 57:15; 59:1; 60:10,11,19; 61:20,25; 62:7,7,9, 14; 66:6,8, 22; 67:7; 68:13,14,15; 69:4; 70:24; 74:2,15,18, 21; 75:16; 76:1,9; 77:16; 78:8; 79:12, 21,22; 81:15,25; 82:1,1,2,15,16,17, 20; 83:1,17; 84:2; 87:18; 88:14,21,24; 93:22; 94:22; 97:14, 15; 99:6,7,8,13,17, 18; 101:20, 21; 02:5, 7; 103:22,24; 105:19,19; 106:11, 12; 107:20; 108:15; 109:21; 110:3, 5,14, 24; 111:11; 112:8, 18,113:3,18; 114:12; 117:18; 118:15; 120:4,9,12, 16, 20; 122:4; 125:9, 12,21; 126:1,15; 127:24; 128:9,13, 16,24; 129:5,13,17, 22; 130:22,25; 131:9,17; 132:2,3, 21,24; 133:16,21; 134:3 receipt 7:6 receive 6:2, 5,17, 19, 22 received 6:6,6,20; 28:2; 81:22; 98:14; 100:22; 125:6 recess 46:19; 56:4; 86:9; 102:1 recollect 70:22; 71:3,3,4; 77:19; 97:22; 106:1; 108:1; 116:12; 126:9,12; 130:24; 131:12 recollecting 126:19 recollection 27:17; 41:14; 58:19; 61:2, 14; 92:12; 95:7; 101:16; 107:3; 111:24; 113:6; 126:13 recommend 121:3, 7; 122:5 recommendation 37:21 recommended 30:25; 77:7; 101:15; 119:14; 122:2 recommending 37:25 record 42:6; 86:1,3, 8,22,24; 99:25; 100:2; 103:14 records 56:6,8,10, 13,15,16,17; 82:20; 127:16 reduce 121:4,9 reduced 121:13 refer 23:6; 51:20; 91:7 reference 17:3; 108:8 referenced 13:13; 18:9 referred 23:9; 28:4; 47:12,18; 49:7; 94:18; 107:22 referring 51:14,21; 89:16 refresh 97:8 refreshed 60:3 refreshes 126:12,13 regard 26:7 regarding 16:12; 22:23; 23:2; 29:19; 33:16; 34:19; 35:14; 37:1; 40:11,18; 46:21; 47:23; 48:21, 25; 49:22; 51:22; 52:10; 54:10,18; 55:13; 56:10; 62:5, 22; 67:24; 70:19; 72:4; 75:18; 78:10; 80:11; 82:14; 83:7; 87:21,23; 92:23; 95:22; 100:7,14; 107:23; 114:4; 121:14; 128:2,14; 133:2,19 Regardless 18:22 Register 38:6; 60:18; 64:2; 68:3,6; 72:7; 79:15 relating 54:11 relations 119:22 relay 96:3,8 relevant 102:22 rely 53:13 remain 104:17 remember8:3; 12:15; 14:22; 20:14; 21:3; 22:1,3,8,10, 12; 23:16, 22; 25:8; 27:20; 30:8; 31:13; 32:6; 35:12,13,22; 36:5,11,12; 38:11; 39:3,11; 41:18,22; 47:24; 49:24; 59:16, 24; 60:4,16; 66:7,18; 70:17; 71:19; 72:1; 76:2,11; 80:12,13; 93:23; 94:1,3,24; 101:10; 111:13; 117:3; 119:7,11; 120:14; 25:23; 126:6, 7; 130:21; 131:6 remembered 97:9 repair 77:17 repairs 77:18 repeat 49:15; 65:18; 83:10; 85:12; 94:12 Repetitive 94:16 rephrase 60:1; 63:9; 94:4 replaced 103:21 replacements 61:23; 77:6, 24 report 15:4; 43:1; 47:3,4, 5,8; 54:20; 66:25; 76:10 reported 15:5; 23:17, 24; 28:14; 29:3; 32:1, 2; 43:2; 59:14,15, 22,23; 102:14; 103:22; 104:23; 135:24 reporter 65:10; 83:22; 89:3,'94:15; 115:23; 130:10 reporting 12:16; 51:17; 89:24; 109:9 reports 16:22; 46:21,23; 47:1; 52:13,14,23; 54:10, 17,19,23; 55:13,16; 57:7; 72:7; 90:12; 114:21; 126:16 represent 4:11 Representative 125:2 Concannon & Jaeger (314) 421-1000 Min-U-Script presentation - Representative WATER PCB-00053235 Gumming M. Paton March 18,1993 Nevada Power Company v. Monsanto Company, et al. representatives 66:10; 68:19; 75:9; 119:20 represented 21:11; 90:13 reputation 89:23 requested 19:9; 93:14 requesting 67:13 require 83:4,13,18, 23 required 54:23; 58:1, 1; 75:21 requiring 109:19 Research 7:19,20, 22,23; 8:2, 5; 41:4; 45:11; 47:5; 52:13, 14; 53:2,4,17; 55:20; 85:4; 109:20; 110:20; 119:21 researcher 31:8,12, 20 researchers 31:23; 99:12,15 Reserve 7:2 residential 5:6 resin 37:22 resistance 12:10, 11; 76:20 resistant 37:21 resistent 76:22 resources 55:3 respect 114:5 responsibilities 42:8; 53:17; 91:23; 109:15; 120:11 responsibility 36:4; 53:15; 61:11,12; 77:21; 89:21; 90:19,' 92:4; 101:12; 107:9, 13; 108:4; 109:4,9 responsible 9:22; 15:14; 28:22; 35:10, 17; 36:7; 37:1; 42:10; 43:22; 45:4,15,24; 64:15; 78:13; 92:16, 21; 104:24; 108:18; 118:12,13; 119:16; 121:24; 122:1,6; 123:5 responsibly 55:4; 65:2; 123:7 result 23:13; 38:2; 62:11; 112:4; 129:12, 16 resultant 123:23 resulted 85:9,17; 95:18 resulting 28:13 results 31:19; 83:7, 16, 25; 88:6 retention 103:15; 127:16 retired 103:22; 105:15,16 review 21:16,20,22; 22:19,22; 23:1; 36:16; 40:10; 41:23; 42:19; 48:19; 52:1,2, 9; 54:10; 55:13; 56:18; 81:20; 86:6, 13,20; 96:17; 102:3, 4; 105:18; 106:10; 107:21; 111:16; 113:9,14,15; 125:19 reviewed 16:20; 18:23; 19:1; 20:8,24; 22:7,11; 33:12; 35:3, 9,15,19; 36:1,10, 14; 42:2; 58:21; 69:1; 106:24; 124:24; 125:12 reviewing 58:20; 126:15 revised 19:20,21; 29:13; 35:6, 21 rewritten 35:21 Richard 53:2; 81:21; 103:1 Richards 53:16 right 5:1; 8:4,21; 10:19; 11:4; 13:16; 14:16; 18:7; 19:16; 21:11; 35:24; 39:11; 40:24; 45:3,14; 46:7, 15; 47:20; 48:2; 49:18; 50:18; 51:4, 20, 24, 25; 52:8; 57:5; 60:21; 62:9; 63:3; 69:11,18; 73:3,11; 78:24; 79:14; 82:11; 87:24; 91:10; 101:22; 102:8; 104:25; 105:17;106:15; 107:11; 108:25; 110:22; 19:24; 120:21; 122:22,23; 123:12; 126:15; 127:17; 128:3 ring 50:24,25; 61:19; 113:12 rings 39:6; 132:1 role 13:21; 53:11,19 roles 53:11 Roman 119:13 rough 113:9 rubber-type 37:24 Ryan 60:2,7 Ryan's 108:8,10 s safety 15:15; 76:19, 22, 24 sale 14:25; 57:19; 60:13,17; 61:17; 75:18; 80:11;95:25; 122:17 sales 11:14; 13:24; 14:1,2; 20:2; 45:11; 47:2; 56:13,14,16, 19, 22; 57:2, 22; 58:7, 15, 24; 113:5; 125:1 salesmen 11:17 salespeople 42:14; 48:1 salt 33:23; 34:4,7 same 12:6; 24:4,6; 25:1;36:13; 46:14; 50:10; 58:16; 92:1; 99:23:114:20; 131:20; 133:17 samples 90:8; 108:22; 109:13 San 128:1 sat 16:14; 27:2; 102:24; 117:1 satisfy 77:9 satisfying 11:2 save 95:15 saw 21:21;31:14; 54:5; 99:17 saying 35:11:36:22; 57:14; 59:2; 63:7; 76:10; 78:18; 114:24; 116:4; 121:22, 23 scale 8:8; 90:22 scan 86:14 scheme 92:14 Schwartz 24:11 scientific 41:4 Scotland 6:1 Scott 103:1 scrutinized 63:19 scrutiny 64:24 second 10:1; 89:9; 98:17; 105:4 secretary 103:6,12 section 42:9,21,24; 43:8; 47:21; 48:8,13, 19, 24; 49:4, 5, 8 seeing 55:16; 81:25; 102:5; 105:19; 106:11; 112:18 seek 21:9; 65:5; 93:24; 94:2 seem 30:8; 37:23; 38:11; 41:18; 69:4; 82:15:98:2; 125:23; 130:24; 131:12 seemed 97:25; 98:2, 7 seems 26:1; 97:24 Seger 125:1 self-employed 5:10, 19 sell 65:16,24; 77:1, 11,15,16; 78:17; 94:23, 24 selling 37:6,12,13, 18,19; 38:9; 67:9,15; 73:7; 77:9 send 47:5,7; 80:3, 5 sending 36:1 Senior 10:12; 104:23 sense 33:4; 41:4; 55:6 sent 33:7,7; 35:18; 71:7; 130:11; 132:20 sentence 49:14 separate 121:22 September 31:2; 97:20;98:22; 105:12, 16 series 38:1 serious 26:8; 62:12 seriously 120:23,25 service 9:9,23; 106:6 set 42:18; 89:12; 95:1; 101:6; 102:17; 118:9; 119:15; 120:5 seventeen 21:3 several 33:18; 91:6; 95:6 severely 23:20 shall 128:7 shape 34:8 sheet 20:5; 102:24 Sheppard 126:3 shipped 51:5 shops 77:17 short 51:13; 103:23 shorthand 135:24 show 68:22;81:19; 85:24; 96:14; 102:2; 105:17; 106:9,15; 112:14; 113:13; 124:22; 125:18 showed 63:13; 124:16 showing 108:21; 109:12; 116:3 shown 30:24; 102:23; 118:10; 135:23 shows 24:16; 122:10,11; 123:23, 24; 124:1,4,21; 125:6 side 76:14,15,16 sign 62:12; 119:9; 123:21 signed 77:15; 78:16; 80:1,-81:9; 100:17; 101:2; 130:11 signing 79:1 silos 111:4, 5 similar 120:7 simply 49:24; 124:15 sit 25:9; 55:21 situation 57:12; 64:24,25; 65:6; 71:8; 78:10; 94:22; 117:4, 24 six 104:4 sixteen 21:3 sixty 23:12 sketchy 112:3 skin 20:10,13,15, 18; 21:1; 23:21; 24:18; 25:19,19; 27:18; 62:25 sleep 129:3 slew 16:23 slowly 85:13 small 33:24; 71:21 smoothly 14:5 so-called 41:16 sold 14:20; 38:24; 39:13,15,15,18; 40:5; 50:20,20; 56:11; 63:17; 65:13, 20; 67:8,11,12; 68:16; 93:12; 94:25 solicited 62:18 solvent 38:8; 90:2 Solvents 39:25; 50:5,15; 51:19 somebody 31:11; 34:10,14; 75:22; 78:5,19; 79:2; 114:12 somehow 123:3 someone 16:14; 31:13; 36:14; 62:11; 98:14; 114:3; 129:11, 15 something 10:12, 13; 15:17; 25:13; 26:7,19; 30:1; 31:14; 32:21; 33:20; 34:1; 45:13; 53:22; 54:5; 55:9; 61:3; 64:23; 79:10; 99:18; 108:14; 111:6,13; 122:18; 124:7; 128:10; 131:6 sometime 61:9,14; 90:3; 111:24; 128:1; 133:13 sometimes 38:17; 107:18 somewhat 20:20; 108:3; 114:8; 128:16; 130:16 somewhere 22:9; 40:20; 128:6 sophisticated 85:9, 18 sophistication 74:4 Sorry 6:23; 12:19; 14:14;30:15; 53:7; 65:18; 69:21; 92:19; 94:11; 106:19 sort 11:19; 16:4; 20:20; 34:22; 41:18, 18; 53:11; 54:2,3; 63:18; 77:13; 115:5; 126:23; 127:8; 128:23 sound 135:19 sounds 25:13; 60:4 source 112:11 South 7:10,14,18; 8:1,10, 18 span 126:18,18 Spanish 48:4,7,10 speak 36:4; 57:4 Specialist 11:12,13, 20, 23 specialized 32:25; 37:20; 53:14 Specialty 12:6; 38:21; 85:21; 107:15; 125:2 species 95:21 specific 33:4,21; 43:16; 62:14; 63:25; 82:19; 86:21,21; 106:12 specifically 16:13; 27:2; 41:3; 54:20; 62:8; 66:22; 72:18; 82:15,18; 88:14,22; 110:4, 25; 120:20 specification 51:8 specificily 29:15 specifics 47:24; 49:24; 117:3 specimens 23:20 speculate 80:19; 119:3,4 speculates 119:2 speculation 119:6 speed 102:19 spell 6:12 spent 55:2,3; 105:3, 7 spills 77:3 spoken 74:9,12,13 SS 135:1 St 5:17; 7:3,15; 10:21, 22; 51:11; 98:11; 125:24; 126:2, 6; 135:2, 13 staff 72:17; 73:1,18, 22; 74:1 staffs 73:9,13 stages 30:3 stand 32:22; 62:1 standard 16:17 standpoint 78:23 start 16:8; 44:21; 64:20 started 7:1; 11:5; 12:1; 62:16; 127:18 starters 80:24 State 134:13; 135:1, 4,14 stated 77:25 statement 63:8; 115:11; 116:4 States 9:17; 10:25; 48:21; 60:8; 69:7,14, 20; 70:8,13,15; 73:21; 135:8 stay 11:1; 58:11; 104:11 stayed 46:13; 58:15 steps 27:19; 112:6 stewardship 53:21 representatives- stewardship Min-U-Script Concannon & Jaeger (314)421-1000 i WATER PCB-00053236 Nevada Power Company v. Monsanto Company, et al Gumming M. Patou March 18, 1993 still 76:18; 84:21; 98:3; 103:13; 104:5; 110:19 Stockholm 88:2 stood 109:23 stop 60:13,17; 83:18; 98:2; 123:12, 14 stopped 98:6 stored 111:4 strategies 13:23 Street 79:16; 131:7; 132:18 strictly 41:4 Strike 60:24; 65:11; 124:14 strong 115:8 struggled 77:23 studied 27:25; 28:8; 63:19; 131:15 studies 31:19; 33:15; 63:12; 82:3,8, 14; 83:7,16,25; 84:5; 94:10; 95:17; 108:21; 109:12; 110:1,16; 131:10 study 54:1; 55:24; 88:6; 96:7; 110:14; 131:18 studying 64:6 style 47:8; 101:19; 102:13 Sub 119:14 subject 53:23; 54:25;67:19; 68:4; 94:20; 110:20; 128:13; 129:22 subscribe 122:25 subscribed 118:17; 134:9 subsequent 57:22 substances 24:17; 60:22, 25; 61:2 substantial 78:17 substitution 58:9 Success 123:18 sued 78:5; 79:2 suffering 27:11 suffers 62:11 sufficient 24:17,19, 20; 119:18 suggest 80:24 suggesting 34:4; 120:16 suit 9:10 Suite 135:13 summaries 52:11, 20, 21 summarized 47:5; 98:20; 102:23 summary 52:22; 87:8, 25 superiors 119:10 supervised 9:10 supply 77:11 supposed 125:22 sure 13:25; 14:4; 18:25; 19:25; 20:12; 26:1; 30:1; 36:23; 45:6; 48:5; 53:20; 70:16,16; 71:11; 77:22; 84:20; 88:16; 103:15; 123:8; 127:3; 129:1; 130:24; 131:24 surprised 63:1 surrounding 52:4; 64:1; 78:15 suseptible 129:16 swear 93:2 Swedish 31:7,12, 20, 23 sworn 4:2,134:9; 135:21 systemic 24:21; 26:6,12; 27:12; 34:5; 62:12; 63:22 systemicaiiy 25:21, 25 systems 77:2 T T 98:10; 135:3 taint 26:4 taints 26:2 talk 57:17; 133:1 talked 28:6; 30:20 talking 14:7; 34:2; 61:19; 70:24; 71:4 talks 119:14 task 22:9; 64:3,4; 119:15,19; 120:1,6, 9,18, 23 team 105:4 technical 9:23; 115:4,8 techniques 84:22 technology 84:13, 14, 18; 85:1 telephone 70:25 telling 62:10; 71:15 ten 23:18; 46:19; 57:14;95:19; 102:1; 107:7 teratogenic 32:18, 20 term 18:4; 25:13; 29:22; 32:23; 40:24; 56:17 terminating 95:24 terminology 19:24; 26:9; 43:15 terms 11:5;64:17; 90:5; 105:4; 121:5,9, 13; 131:23 terphenyl 111:12 testified 133:12; 135:22 testify 135:21 testimony 64:11; 129:5; 135:23 tests 132:19 therefore 36:15; 38:1; 61:24 thereupon 135:22 They're 39:18,25; 107:11; 120:16 they've 74:13 thinking 56:9; 131:23 third 50:5 thirteen 121:1 Thomas 81:16; 108:17 though 20:16; 39:4; 91:1; 93:17 thought 54:5;77:1; 78:7,8,19; 79:13; 102:22; 117:10; 122:22 three 50:3; 51:15, 17, 22; 89:24; 96:4; 104:10,14; 117:23; 121:22; 127:23; 128:9 three-and-a-half 7:22,25; 8:17; 105:7, 14 threw 115:5 throughout 42:11; 48:7; 95:18 times 91:6; 95:6; 102:18 title 7:17,20; 8:2; 10:11; 11:9; 12:4,24; 13:1; 19:16; 20:1; 43:4; 44:8; 45:8; 51:16; 53:19; 59:20, 22; 87:18; 104:20 titles 44:14, 24 today 20:5; 21:4,12; 25:9,12; 35:10; 53:21; 68:25; 72:2; 77:19; 80:12; 93:2; 99:4; 116:12; 117:18; 125:8 today's 21:17 together 34:22; 54:20; 88:23; 102:15; 115:4; 120:11; 123:2 told 21:18; 23:11,15, 17; 24:10; 31:6,14; 35:18; 36:5; 68:17; 74:12; 81:2,10; 94:17; 97:15; 103:2; 109:21; 110:3; 118:2, 15, 25; 119:5,7,8, 10; 124:19 Tom 81:16; 100:19 took 16:4; 23:23; 24:9; 33:23; 34:7; 61:21; 64:13; 77:21; 126:21 tool 19:11 top 95:12,16; 105:23; 106:21; 121:19; 123:17 topic 26:23 topics 52:10 total 58:3,18 totally 58:14; 104:2 toward 104:15 towards 14:5; 55:4; 128:6 toxic 15:20; 27:8; 33:20; 52:6,6; 60:22, 25; 61:2; 71:12 toxicity 17:1; 27:1; 29:7,19; 30:6; 33:16, 19; 34:19; 35:4; 48:25; 49:22; 52:1; 57:9; 64:12; 66:4,15; 94:10 toxicological 53:15; 54:11; 87:22; 131:18 toxicologist 35:9, 15; 72:19; 74:1 toxicologists 73:13 toxicology 54:18; 55:14; 74:5 trade 66:11;98:19; 99:1 trademarks 50:21 tradename 13:9 train 42:14 training 15:20,25; 16:2 transcribed 135:24 transcript 49:10; 130:10; 135:23 transcripts 130:4 Transeastern 128:8; 129:7 transfer 50:4,14; 51:18; 59:6; 71:6; 76:17:90:1 transformer 67:9, 11; 69:13; 77:5,17, 18; 83:15;87:4; 129:24 transformers 15:1; 23:7; 64:7; 65:16,23; 66:9; 69:7; 70:5; 71:22; 82:23; 83:5, 14, 24; 88:9,19; 89:6; 90:16; 91:4,18; 93:7, 16, 20; 94:7; 96:5; 97:16; 100:13; 108:20; 109:11; 133:23 translated 8:8 Transwestern 128:8; 129:7 traveled 51:11 traveling 42:10 tremendous 67:19 trend 58:11 trial 135:11 tried 9:9; 72:10 trigger 107:3 triphenyl 17:18 true 33:25; 64:19; 69:8; 70:12; 84:15, 17; 116:5; 122:3,12 truth 4:2,3,3; 135:21, 21, 22 try 52:16; 55:4; 65:1, 3; 98:6 trying 11:16; 25:14; 52:12; 57:10; 64:10; 103:18; 110:24; 122:21 Tucker 103:1; 126:3 tumors 32:21 turbine 129:8 turbo 128:23 turn 58:4,-67:10; 113:20; 121:17 turned 130:8,12 twelve 119:12,13 twenty 53:23; 56:4; 79:11; 86:9; 94:21 twenty-five 37:4; 53:23; 105:12,13 Twenty-one 99:9 two 6:6; 9:5; 10:10; 12:21; 13:16; 22:17; 25:1; 29:13; 31:10, 15; 34:7; 42:25; 44:5; 66:8; 68:12; 91:3,7; 92:1, 8; 95:6,13,16; 96:3; 98:4; 100:17, 23; 101:24; 104:3; 105:9; 108:7; 111:8; 114:25; 117:8; 119:21; 126:4 type 6:16; 17:9; 18:7; 131:18 typewriting 135:25 typically 126:24 u U.S 69:9; 104:15,16; 118:13 ultimate 67:23 umbrella 46:5,8 unable 126:7 unambiguous 49:17 under 38:24; 43:24; 44:15,23; 46:5; 50:21;64:23; 119:13, 16; 120:1; 121:1; 128.18, 20 underneath 123:21 understood 4:21; 49:9; 84:6 undetermined 135:7 unduly 121:4,8 United 9:17; 48:21; 60:8; 69:7,14,20; 70:8,13,15; 73:21; 118:14; 135:8 University 6:1,2, 20; 88:2 unlikely 31:21; 102:22 unquote 114:17 up 6:16; 16:3,8; 56:20; 57:13; 71:5; 79:4; 89:13; 95:1; 101:6; 102:18,19; 104:11; 110:25; 119:15; 120:5; 122:7; 123:24; 124:1; 132:15 up-to-date 103:8 upon 27:6 upwards 58:4 use 18:11,13,21, 23; 38:9; 49:3; 60:9; 76:18; 77:7; 111:17 used 11:19; 12:8; 17:4; 18:5; 20:2; 23:6; 24:16; 26:9; 33:22; 37:24; 38:7; 41:1,3; 43:15; 50:16; 63:25; 64:23; 76:21; 77:16; 96:21,23; 97:1; 98:2; 107:18; 111:10,11,12; 112:1; 114:20; 117:9; 131:17; 135:11 useful 77:13 users 77:4, 5,12 uses 61:22; 95:25 using 14:22; 17:3; 27:21; 37:8, 9; 38:18; 82:23; 90:7; 98:6; 115:17; 116:18; 117:16 utilities 64:6; 65:24; 66:10; 67:5,11; 68:14; 69:3; 70:23; 71:4; 75:8; 77:18; 83:2; 88:23; 92:25; 94:23 utility 22:20; 65:17; 66:3,20;67:1,9; 68:9,24; 69:19; 70:4, 6,19, 25; 71:15, 24; 73:17,21,25:74:3,8, 23; 80:9; 81:2,10; 82:7,13; 88:8,19; 89:6; 90:15; 91:3,18; 93:19; 94:6; 95:3; 96:4; 97:16; 99:21; 100:6,12, 21; 101:8; 108:19; 109:10; 128:4 V vaguely 38:11; 60:3, 4; 125:23; 128:16; 131:6 valid 132:20 vapors 29:7, 20 variety 12:11 various 23:13; 43:18,19; 53:25; Concaimon & Jaeger (314) 421-1000 Min-U-S cript still - various WATER PCB-00053237 Gumming M. Paton March 18,1993 61:21; 62:21; 66:10, 12; 76:23 vehicles 95:1 venture 97:24; 105:2 version 52:24 Versus 121:19 viable 61:23 view 118:17 Visit 42:15 visiting 42:12,13; 70:22 Visits 11:15 volume 58:3,7 volumn 57:14 voluntarily 95:24 vs 135:10 w W-e-l-l-s 12:18 W.B 87:9, 25; 112:16 W.R 81:21 waded 102:24 Wait 72:21; 115:21 Wales 7:11,14,18; 8:1,11,18 Wall 79:16; 131:7; 132:18 Walt 15:6 wants 86:19 warning 83:6,14,24 warnings 133:14,18 wash 27:19 watch 35:23,24 watched 14:4 water 46:17; 111:19 way 19:2; 40:8; 47:6; 51:13; 62:15; 64:9; 69:17; 92:4; 93:15; 109:1,3; 116:16; 122:19; 126:19 Waychoff 15:6 ways 12:12; 21:5; 93:10; 94:17; 118:5 week 55:8 weekly 90:2 welcome 5:5 Wells 12:18 weren't 19:21; 25:2; 30:13,15; 80:2; 92:15, 20 Western 7:1 Westinghouse 4:13; 23:3, 6; 37:16; 51:1,6; 65:21,22; 71:20, 22,25; 73:8,8, 12; 78:4; 79:2,19,24; 80:10; 83:24; 93:25; 106:5; 121:12; 125:4; 126:3; 133:17,19, 23; 135:17 What's 5:15; 21:3; 69:23; 124:23 whatnot 64:6 whatsoever 78:19 Wheeler 103:1 whenever 49:7 whereby 98:3 Whereupon 42:5; 46:19; 56:4; 65:10; 83:22; 86:2, 9,23; 89:3; 94:15; 100:1; 102:1; 115:23 whichever 130:8 whole 4:3; 16:23; 52:17; 54:2, 25; 55:5; 63:18; 64:21; 109:23; 117:11;124:10; 135:21 whose 15:5/31:8, 12, 20; 60:2; 74:12 Widmark 55:24; 82:2,13; 83:7,16; 84:1, 6; 88:1 Widmark's 82:7 wild 95:22 wind 47:6 wipe 20:13 withholding 119:9 within 26:22; 43:9; 47:10; 48:21; 49:21; 52:12; 53:16; 64:4; 70:15; 79:5; 92:14; 95:6; 100:11; 103:4, 15; 106:14; 107:22; 109:8; 110:20; 114:3, 15; 116:17; 127:5; 133:1; 134:13; 135:3, 8 without 126:8; 127:6 WITNESS 18:21,25; 20:22; 46:16; 49:11, 16; 56:3,8,13; 65:18; 69:21; 81:12; 83:10; 86:4,25; 88:11; 89:17; 92:19; 94:11; 96:12,16,19; 101:23; 112:12; 113:21,23; 124:18; 135:17,19 Wolf 125:3 Wood 103:21 word 4:24 worded 62:15 words 20:20; 33:2; 109:22; 114:21 work 5:11; 7:8; 8:4; 9:2, 6,10,12,16; 10:9,15; 11:13; 13:19; 30:2; 31:12; 40:9; 42:18; 43:10, 14; 52:11,15,20; 53:17; 55:7,15; 77:6; 103:16; 104:19,25; 107:4; 131:18 worked 8:23;9:21; 65:1,2; 117:10; 120:11; 130:22; 132:10,14 worker 25:18 workers 23:25; 27:11 working 7:17;8:ll, 23; 11:9, 22; 13:5; 18:10; 30:4; 32:1; 42:14; 87:4 world 69:10; 79:17; 95:18; 96:21 worldwide 95:24; 107:6 Wright 130:13,14, 22; 131:2,4,20; 132:9 Wright's 133:2 write 34:24; 47:5; 54:9 writer 118:16,19 written 18:23; 19:1; 22:16,17,19,22; 23:1; 35:1,11:36:13; 40:10,14; 41:20; 47:2; 48:4, 6,20; 52:9:54:18,19; 55:13; 72:8; 74:16 wrong 14:12;39:10; 61:5; 107:10; 116:10 wrote 52:20; 107:25; 118:7; 127:14 Y year 11:21; 19:22; 44:23; 57:15,17,18; 58:5,7; 73:6; 123:13; 128:6,7,15; 129:6, 19,19 yearly 19:19 years 7:22,25; 8:18; 9:5; 10:10; 12:21; 21:3; 26:25; 29:13; 31:10,16; 37:4; 42:25; 44:5; 45:20; 53:23,23; 57:22; 58:1;79:11;89:22; 92:9,11; 93:2; 94:21; 99:9,104:3,4,11,14; 105:7/9,13,13; 115:1; 117:8; 129:25; 133:10 yesterday 98:19 zip 122:12 vehicles - zip Min-U-Script Nevada Power Company v. Monsanto Company, et aL \ ! I i "v Concannon & Jaeger (314) 421-1000 WATER PCB-00053238