Document rpOp3V41w4yem9X1RkQoJkq8G

1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE EASTERN DISTRICT OF WISCONSIN 3 GREEN BAY DIVISION 4 APPLETON PAPERS INC. and 5 NCR CORPORATION, 6 Plaintiffs, 7 vs. GEORGE A. WHITING PAPER COMPANY, et al., 9 Defendants. 10 Case No. 08-CV-16-WCG 11 NCR CORPORATION, 12 Plaintiff, 13 vs Case No. 08-CV-0895-WCG 14 KIMBERLY-CLARK CORPORATION, 15 et al., 16 Defendants. 17 18 Video Deposition of HERBERT A. VODDEN 19 Tuesday, August 25, 2009 20 9:43 a.m. 21 at 22 Chester Grosvenor Hotel Eastgate CHI 1LT 23 Chester, England 24 25 Reported by Julie A. Poenitsch, RPR/RDR/CRR Gramann Reporting, Ltd. (414) 272-7878 Video Deposition of HERBERT A. VODDEN, 8/25/09 Vodden, Herbert in APPLETON 1 2 TOWOLDMON0050067 1 Deposition of HERBERT A. VODDEN, a 2 witness in the above-entitled action, was taken at the 3 instance of the Defendants Georgia-Pacific Consumer 4 Products LP, Georgia-Pacific LLC, Fort James Operating 5 Company, and Fort James Corporation, under and pursuant 6 to the Federal Rules of Civil Procedure, and pursuant to 7 Notice, before me, JULIE A. POENITSCH, RPR/RDR, 8 Certified Realtime Reporter, and Notary Public in and 9 for the State of Wisconsin, at the Chester Grosvenor 10 Hotel, Eastgate CHI 1LT, Chester, England, on the 25th 11 day of August, 2009, commencing at 9:43 a.m. and 12 concluding at 12:39 p.m. 13 14 15 APPEARANCES 16 HERMES LAW, LTD., by Mr. Michael L. Hermes 17 333 Main Street, Suite 601 Green Bay, Wisconsin 54301 18 appeared on behalf of the Plaintiff Appleton Papers Inc. 19 SIDLEY AUSTIN LLP, by 20 Mr. Charles K. Schafer One South Dearborn 21 Chicago, Illinois 60603 appeared on behalf of the Plaintiff 22 NCR Corporation. 23 24 25 Gramann Reporting, Ltd. (414) 272-7878 Video Deposition of HERBERT A. VODDEN, 8/25/09 Vodden, Herbert in APPLETON 2 3 TOWOLDMON0050068 1 APPEARANCES CONTINUED 3 2 LATHAM & WATKINS LLP, by Mr. Karl S. Lytz 3 505 Montgomery Street, Suite 2000 San Francisco, California 94111-6538 4 appeared on behalf of the Defendants Georgia-Pacific Consumer Products LP, 5 Georgia-Pacific LLC, Fort James Operating Company, and Fort James 6 Corporation. 7 GEORGIA-PACIFIC, by Mr. John Burgess, Senior Counsel 133 Peachtree Street, N.E. Atlanta, Georgia 30303 9 appeared on behalf of the Defendants Georgia-Pacific Consumer Products LP, 10 Georgia-Pacific LLC, Fort James Operating Company, and Fort James 11 Corporation. 12 HUNSUCKER GOODSTEIN & NELSON, PC, by Mr. Erik S. Mroz 13 21800 Oxnard Street, Suite 780 Woodland Hills, California 91367 14 appeared telephonically on behalf of the Defendant and Third-Party Plaintiff 15 Menasha Corporation. 16 HUSCH BLACKWELL SANDERS LLP, by Mr. Thomas M. Carney 17 190 Carondelet Plaza, Suite 600 St. Louis, Missouri 63105 18 appeared on behalf of Monsanto and the Witness. 19 ALSO PRESENT: 20 Mr. Simon Addinsell, Videographer. 21 22 23 24 25 Vodden, Herbert in APPLETON TOWOLDMON0050069 EXAMINATION BY 3 Mr. Lytz 4 Mr. Hermes 5 Mr. Lytz 6 Mr. Hermes INDEX PAGE 9 69 113 116 4 9 10 EXHIBITS 11 NO. DESCRIPTION PAGE IDENTIFIED 12 No. 947 10/30/69 memo to a number of people 17 from J.W. Barrett (MONSFOX00097049 to 13 -050) No. 948 1/13/70 memo to a number of people 29 14 from J.D. Humphreye (MONSFOX00056852 to -856) 15 No. 949 Document entitled "Report of a 35 Meeting with NCR and Wiggins Teape in 16 London, 26th January, 1970" (PHGNCR-2001880 to -883) 17 No. 950 Document entitled "Report of Meeting 40 with Ministry of Agriculture, Fisheries 18 and Food, Fisheries Laboratory, Burnham-On-Crouch, in London on 27th 19 January, 1970" (MONSFOX00034541 to -543) No. 951 Document entitled "Report of Meeting 43 20 with NCR and Wiggins Teape in London, 19th February, 1970" (PHGNCR-2001875 to 21 -879) No. 952 Document entitled "Aroclors 22 Pollution - Visits to Wiggins Teape, 47 Treforest & Nivelles" (PHGNCR-2005015 to 23 -020) No. 953 Document entitled "Aroclor - 50 24 Environmental Contamination, Status Report of European Studies, 2nd March, 25 1970" (GPFOX00030966 to -968) Vodden, Herbert in APPLETON TOWOLDMON0050070 1 EXHIBITS CONTINUED 2 NO. DESCRIPTION PAGE IDENTIFIED 3 No. 954 Document entitled "Report of Meeting 53 with Ministry of Agriculture, Fisheries 4 and Food, at Monsanto House, London, 10th March, 1970" (MONSFOX00034524 to 5 -529) No. 955 Document entitled "Report of Meeting 55 6 with Wiggins Teape at Beaconsfield, Bucks on 16th April, 1970" 7 (MONSFOX00031834 to -836) No. 956 Document entitled "Report of Meeting 60 with the Ministry of Agriculture, Fisheries and Food, Fisheries 9 Laboratory, Remembrance Avenue, Burnham-On-Crouch, Essex, on 17th April, 10 1970" (MONSFOX00034522 to -523) No. 957 Document entitled "Report on 63 11 Telephone Conversation with C. Capps, Wiggins Teape, April 28th, 1970" 12 (MONSFOX00031837 to -838) No. 958 12/15/70 memo to H.A. Vodden from 64 13 W.B. Papageorge (PHGNCR-2001014) No. 959 5/11/70 progress report entitled 66 14 "Environmental Contamination by PCBs" (MONSFOX00059700 to -719) 15 No. 960 Document entitled "Monsanto 91 Chemicals Limited, Product Toxicology - 16 Aroclors" (GPFOX00037466 to -475) No. 961 12/2/69 telegram type message to 95 17 D.S. Cameron from D.A. Olson (PHGNCR-2001977) 18 No. 962 Customer letter dated February 1970 98 (NCR-FOX-51787 7 to -878) 19 No. 963 Monsanto Chemicals Limited Research 99 and Development Report dated February 20 1970 (GPFOX00054039 to -064) No. 964 7/17/70 memo by W.B. Papageorge 102 21 (GPFOX00034528 to -530) No. 965 3/1/71 monthly report to R.A. Baxter 104 22 and W.B. Papageorge from H.A. Vodden (PHGNCR-2 0 03 433) 23 No. 966 11/2/71 memo to W.R. Richard from 106 R.A. Baxter (PHGNCR-2003454 to -455) 24 No. 967 Paper entitled "PCBs - The 108 Environmental Problem" by R.A. Lidgett 25 and H.A. Vodden (GPFOX00039135 to -142) Vodden, Herbert in APPLETON 5 TOWOLDMON0050071 1 EXHIBITS CONTINUED 2 NO. DESCRIPTION PAGE IDENTIFIED 3 No. 968 10/6/71 memo to W.R. Richard from 111 H.A. Vodden (PHGNCR-2001738) 4 No. 969 2/10/67 correspondence to D. Wood 114 from R. Emmet Kelly (GPFOX00054149 to 5 -150) No. 970 2/27/67 letter to M.J. Thomas from 115 6 R. Emmet Kelly with attachments (NCR-FOX-5178 4 7 to -873) 7 (Original exhibits were attached to original transcript; 8 copies to transcript copies.) 9 (No previously marked exhibits referenced. 10 11 12 REQUESTS 13 (No requests were made. 14 15 16 17 18 19 20 21 22 23 24 25 Vodden, Herbert in APPLETON 6 TOWOLDMON0050072 1 TRANSCRIPT OF PROCEEDINGS 2 THE VIDEOGRAPHER: This is the beginning 3 of Tape 1 in Volume 1 of the deposition of Herbert 4 Vodden in the matter of Appleton Papers, 5 Incorporated, and NCR Corporation, plaintiffs, 6 versus George A. Whitney Paper Company, et al., 7 defendants. 8 This matter is before the United States 9 District Court for the Eastern District of 10 Wisconsin, Green Bay Division, and the case number 11 is 08-CV-16-WCG. 12 Today's date is the 25th of August, and 13 the time is 9:43 a.m. 14 And I've just noticed the recording 15 equipment says p.m. Are you -- can I leave that on 16 the -- or should I adjust it after the - 17 MR. LYTZ: You have p.m. instead of a.m. 18 for the time? That's fine. We'll figure it out. 19 THE VIDEOGRAPHER: I'll adjust that on 20 the first break. 21 The court reporter is Julie Poenitsch 22 from Gramann Reporting. The videographer is Simon 23 Addinsell on behalf of Gramann Reporting. 24 The deposition is taking place at the 25 Chester Grosvenor Hotel in Chester, England. Vodden, Herbert in APPLETON 7 TOWOLDMON0050073 1 Could counsel please first put themselves 2 on the record. 3 MR. LYTZ: Good morning, Dr. Vodden. My 4 name is Karl Lytz. I represent Georgia-Pacific in 5 this action. 6 7 MR. BURGESS: My name is John Burgess. I 8 also represent Georgia-Pacific. 9 MR. HERMES: I'm Mike Hermes. I 10 represent Appleton Papers. 11 MR. SCHAFER: And Charles Schafer on 12 behalf of the NCR Corporation. 13 MR. CARNEY: And Tom Carney. I represent 14 Monsanto and the witness. 15 THE VIDEOGRAPHER: Could the court 16 reporter please swear in the witness. 17 THE REPORTER: Raise your right hand. 18 HERBERT A. VODDEN, called as a witness 19 herein by the Defendants, Georgia-Pacific Consumer 20 Products LP, Georgia-Pacific LLC, Fort James 21 Operating Company, and Fort James Corporation, 22 after having been first duly sworn, was examined 23 and testified as follows: 24 THE VIDEOGRAPHER: It's 9:44. Please 25 begin. Vodden, Herbert in APPLETON 8 TOWOLDMON0050074 1 EXAMINATION 2 BY MR. LYTZ: 3 Q Good morning, Dr. Vodden. I appreciate your being 4 here today. And could I ask you to state your full 5 name for the record, please. 6 A Herbert Alfred Vodden. 7 Q And your current residence? 8 A 44 Elizabeth Crescent, Chester CH4 7AZ. 9 Q Are you represented here today by counsel? 10 A Yes. 11 Q By Mr. Carney, who's sitting to your right there? 12 A Right. 13 Q Okay. Thank you. 14 I think I heard you say at the outset 15 that this is the first lucky occasion of your life 16 in which you're going to have your deposition 17 taken. 18 A That's correct, yes. 19 Q I will not -- I'll give you just a few 20 instructions, if I may, about the process. You've 21 probably talked to Mr. Carney about them, so I will 22 try to be brief. 23 Despite the relative informality of the 24 situation, you have taken an oath to tell the 25 truth, the whole truth, so help you God. Vodden, Herbert in APPLETON 9 TOWOLDMON0050075 1 A Yes. 2 Q You understand that - 3 A Yes. 4 Q -- obligates you to give full and truthful answers 5 to my guestions. 6 A Yes, I do. 7 Q The second thing is we are making a record of everything that is being done in transcribed form, 9 and it will facilitate the clarity of that record 10 if you will let me finish asking a guestion before 11 you begin to answer it. And I'll do vice versa. 12 Do you understand that? 13 A Right. 14 Q Please be sure that you understand the guestions 15 that I ask. If there is any confusion in your mind 16 about any terms I use or you just don't understand 17 it, please just say so, and I'll try to ask a 18 guestion that you can understand and provide a 19 truthful answer to. Do you understand that? 20 A Right. 21 Q Objections may be posed by other attorneys during 22 the course of our examination. Typically those 23 will be to the style of the guestion or they're 24 preserving a record that they might ask a judge to 25 consider whether or not the testimony and the Vodden, Herbert in APPLETON 10 TOWOLDMON0050076 1 answer that you've given should be admitted. 2 For today's purposes, however, pay no 3 attention yourself to the objections unless your 4 counsel, Mr. Carney, instructs you not to answer a 5 question. If an objection is made and you 6 understand the question, you are to answer it. Do 7 you understand that, sir? 8 A Right. 9 Q Finally, it's not an endurance contest. I hope 10 that we're done here relatively quickly today. If 11 for any reason at any time you would like to take a 12 break, please don't hesitate to say so. 13 A Good. Um-hum. 14 Q What was the highest degree that you obtained? 15 A A first-class honors degree in physics. 16 Q Where did you get that from? 17 A The University College of Wales at Cardiff. 18 Q What year was that? 19 A 1947 . 20 Q When did you start -- you were formerly employed by 21 Monsanto, correct? 22 A That's right, yes. 23 Q When did you begin your employment? 24 A With Monsanto in 1947, September 1947. 25 Q You had been employed elsewhere before then? Vodden, Herbert in APPLETON 11 TOWOLDMON0050077 1 A Before that, I had worked for the Ministry of 2 Aircraft Production at Malvern on radar research. 3 Q What did you do when you first started to work for 4 Monsanto? 5 A I was employed as a research physicist, and my 6 initial work was concerned with working out tests 7 for chemicals used in the rubber industry. 8 Q And your job changed over time, I presume? 9 A Very much so, yes. 10 Q Was there a point in time that you became involved 11 in working with PCBs? 12 A Yes, there was a point in time. 13 Previous to my involvement with PCBs, I'd 14 been working on -- in the field of silicon -- in 15 silicon device development, including other 16 compounds of an electronic nature, similar to the 17 3-5 compounds are called. 18 Up until 1969, that was my main 19 preoccupation in the previous few years, but in 20 1969, I was made responsible for the electrical 21 applications of Aroclors from a PCB, and at that 22 time I was asked to include not only the electrical 23 applications, but also the environmental aspects of 24 PCBs, which were beginning to come to the fore. 25 This transfer of responsibility occurred in Vodden, Herbert in APPLETON 12 TOWOLDMON0050078 1 October, I think, 1969. 2 Q Where were you working at the time? 3 A This was at Monsanto Research Laboratories at 4 Ruabon in North Wales. 5 Q As part of your new duties in 1969, did you gain an 6 understanding about the chemical composition of 7 PCBs? A Right, yes, um-hum. 9 Q They're also referred to as Aroclors? Are those 10 interchangeable terms? 11 A Well, Aroclors were the Monsanto trade name for the 12 group of compounds which we now refer to as PCBs or 13 polychlorinated biphenyls. 14 Q If we use either term during the course of the day, 15 you'll understand that to mean PCBs? 16 A Exactly, yes, um-hum. 17 Q Did you become familiar as a part of those duties 18 with the composition of Aroclor 1242? 19 A I did through work which had been done by our 20 analytical department on assessing what the range 21 of PCB homologues with different chlorine levels 22 were included in the products, both for Aroclor 23 1242 and the higher Aroclors, like 1254 and 1260. 24 Q You used the word "homologues." What does that 25 mean? Vodden, Herbert in APPLETON 13 TOWOLDMON0050079 1 A Well, the homologue is an identical chemical 2 composition but a different arrangement of the 3 atoms in the molecule. 4 So that, for example, in PCB, you have 5 two -- two benzene rings linked together to form a 6 biphenyl, and then chlorines can be inserted in ten 7 different positions around the rings, so that you have, in effect, a number of combinations of 9 chlorines. 10 With one chlorine, you have three 11 different positions. With two chlorines, you have, 12 I think, six -- I forget the exact numbers now, but 13 as you go up in chlorines, so you raise the number 14 of homologues of that type. 15 Q What was Aroclor 1242 composed of? 16 A Aroclor 1242 was homed in on a trichlor or 17 three-chlorine homologue, but in point of fact, it 18 did contain all the homologues up to and including 19 the hexachlor and the six chlorine ones. 20 Now, altogether, in any of the Aroclors, 21 there were about 200 different components of 22 different chlorine levels, including not only the 23 level of chlorine, but also the different 24 arrangement of the chlorine atoms around the 25 molecule. Vodden, Herbert in APPLETON 14 TOWOLDMON0050080 1 Q So Aroclor 1242 was actually a mixture of varied - 2 A It was a mixture of all these different chlorine 3 compounds. 4 Q And included in that mixture would have been a 5 five-chlorine - 6 A Exactly, yes. Yes, it would. 7 Q -- and a six-chlorine ring? 8 A Yes, um-hum. 9 Q Those are penta and hexa? 10 A That's right, yes. 11 Q Referred to as that? 12 A Um-hum. 13 Q Are those sometimes referred to as Aroclor 1242, 14 Aroclor 1260, that type of terminology? 15 A That's right. The number refers to the percentage 16 of chlorine in the product. So 42 percent chlorine 17 is called Aroclor 1242; 54 percent is Aroclor 1254; 18 60 percent Aroclor is 1260. Now, that's how the 19 numerals came about. 20 But in point of fact, these were only 21 average levels. And in point of fact, you had a 22 whole range of the actual compounds existing in the 23 product. 24 Q So, for example, Aroclor 1242 would also contain 25 what could be called Aroclor 1254; is that correct? Vodden, Herbert in APPLETON 15 TOWOLDMON0050081 1 A It would certainly contain some of the components 2 that were in that product, yes. 3 Q And the same for Aroclor 1260? 4 A Right, yes. 5 Q Was there a fairly consistent formula for the 6 Aroclors over the years? 7 A I'm sorry. What was the question? 8 Q The 12 -- more specifically, did the composition of 9 Aroclor 1242 change in any material way over the 10 years? 11 Not very significantly. One point I might make 12 here is that there were some minor differences 13 between the product manufactured in Europe compared 14 with that manufactured in the States. 15 This was because of a slightly different 16 process used at the plant in Newport in the U.K. 17 compared with that at Anniston in United States. 18 The differences were not too significant 19 but -- in fact, I can't recall exactly what the 20 difference -- exact differences were. But I know 21 there was some difference because part of the 22 processing included some fractionation of the 23 product at the end, and this had to -- and as a 24 result of this, one needed to have slightly 25 different fractionating columns at the two plants Vodden, Herbert in APPLETON 16 TOWOLDMON0050082 1 concerned with the separations. 2 But the differences were relatively 3 insignificant. They had no function or 4 significance. And one might argue that they could 5 have an environmental significance, but it would be 6 very small and scarcely significant. 7 Q What types of arguments might one make about 8 environmental significance in the differences 9 between U.S. and U.K. Aroclors? 10 MR. SCHAFER: Objection to form. 11 THE WITNESS: Sorry. 12 BY MR. LYTZ: 13 Q You mentioned that there were -- there could have 14 been some argument about the environmental 15 significance that the changes -- that the 16 differences between U.S. and U.K. Aroclors had. 17 A Yes. Well, hypothetically, one might make an 18 argument there was a difference, but in practice, I 19 know of no significant different effect that this 20 would have. 21 (There was discussion off the record.) 22 (Exhibit 947 marked for identification.) 23 THE WITNESS: Is this for me? 24 MR. LYTZ: Yes, this is for you. 25 Q While you're getting your glasses on, let me state Vodden, Herbert in APPLETON 17 TOWOLDMON0050083 1 for the record, Dr. Vodden, that I've handed to you 2 what has been marked as Exhibit 947 to your 3 deposition, a two-page document appearing to be a 4 memorandum written by a J.W. Barrett, addressed to 5 a wide variety of people, among them yourself, 6 entitled "Polychlorinated Biphenyls," bearing the 7 Bates range numbers MONSFOX00097049 through -050. Could I ask you to take a moment to 9 examine this document and tell me if it's something 10 that you recognize. 11 A Yes, I certainly recognize the document. It was, 12 in fact, the time, which I had already mentioned, 13 that I was given responsibility for not only the 14 electrical applications of the Aroclors, but also 15 the environmental aspects. 16 This had been highlighted by the recent 17 paper of Jensen in Sweden which indicated that 18 polychlorinated biphenyls were accumulating in 19 wildlife. 20 This document refers in the first paragraph to 21 something called the "PCB content in dead birds in 22 the Irish Sea" -- accentuates, I think that is. 23 A Yes. 24 Q Do you see that? 25 A Right, yes. Vodden, Herbert in APPLETON 18 TOWOLDMON0050084 1 Q Do you know what is being referred to there? 2 A Yes. This was an incident in the Irish Sea where a 3 number of dead sea birds were found, and these were 4 analyzed and found to contain PCBs. 5 So there was at first an attempt to 6 correlate the existence of PCBs in the birds with 7 their deaths. In fact, in subsequent investigations, it 9 was found -- or at least it was hypothesized there 10 were a number of different explanations for the 11 deaths of these birds and that the PCBs may or may 12 not have had any significant contributing factor to 13 this . 14 But this was one of the number of 15 incidents that were occurring around about that 16 time, which tended to emphasize the results that 17 Jensen had found in Sweden, the fact that PCBs were 18 being found in wildlife. 19 Q Does it sound correct to you that Dr. Jensen's work 20 was done in late 1966? 21 A That's when the work was done, yes. And subsequent 22 to that, we, amongst a number of other 23 organizations, undertook work to verify and confirm 24 the results which Jensen had found. 25 And by the time we had confirmed this Vodden, Herbert in APPLETON 19 TOWOLDMON0050085 1 work, and a number of instances such as this Irish 2 Sea one, Monsanto began to recognize that there 3 could be a significant problem in relation to PCBs 4 in the environment. 5 Q You were tasked in this memo to undertake a number 6 of efforts in relationship to identifying the 7 issues associated with PCBs in the U.K. 8 environment. 9 A Right, yes, um-hum. 10 Q Item No. 1 on the first page indicates that you 11 would be responsible for coordinating all of the 12 work that was being done on biodegradation. 13 A Right, yes. 14 Q Did you, in fact, do that? 15 A Yes, um-hum. 16 Q What was the purpose of the biodegradation studies 17 that were being undertaken by Monsanto? 18 MR. SCHAFER: Objection to foundation. 19 BY MR. LYTZ: 20 Q You may answer. 21 A The purpose of this work was to establish to what 22 extent biodegradation could occur in the Aroclor 23 group of products. 24 When we started the work, we didn't know 25 whether we could find significant degradation, but Vodden, Herbert in APPLETON 20 TOWOLDMON0050086 1 in point of fact, we did find significant 2 degradation occurred through micro-organisms and 3 other types of biological activity. 4 Q Did degradation occur for all Aroclors? 5 A To some extent, although mostly in the lower 6 chlorinated species. 7 Q How about Aroclor 1242? 8 A With Aroclor 1242, it became very clear from the 9 work which we did at Ruabon that the lower 10 chlorinated components would degrade very 11 significantly, but the higher ones, above about 12 four chlorines, say the fives and the sixes, would 13 not degrade too very significantly with the 14 micro-organisms that we were using. 15 But, again, one has to look at the 16 different sequence of events when it occurs through 17 enzyme degradation in a particular animal, bird, or 18 whatever. 19 But we did find that all the lower 20 chlorinated species, up to the tetrachlor PCB, did 21 degrade almost completely in a relatively short 22 time span. 23 Q So those with the four chlorine rings - 24 A Right. 25 Q -- would not degrade as readily as the lower Vodden, Herbert in APPLETON 21 TOWOLDMON0050087 1 chlorinated. 2 A That's right. We did, in fact, do some work on 3 establishing what the rates of degradation would be 4 for the monochlor, the one chlorine, the two 5 chlorines, three, and the four chlorines. 6 And we did establish some rate 7 information there, which indicated that indeed, as you suggest, that the rate of degradation went up 9 as you declined the number of chlorine atoms, so 10 that the tetrachlor would degrade much less rapidly 11 than the monochlor, the dichlor, and the trichlor. 12 You're using the numbers for the rates of 13 degradation that we appeared to get from these. We 14 could then do a sort of simulation of what might 15 happen to a product like Aroclor 1242. 16 Indeed, if you do this, you find that you 17 end up with a product which looks very much like 18 Aroclor 1254, which was the product that people 19 were claiming that they had found in the 20 environment. 21 So this work seemed to indicate there was 22 a pattern here that although Aroclor 1254 could be 23 the source of contamination, there was no question 24 that Aroclor 1242 could also provide some of this 25 environmental contamination due to the residues of Vodden, Herbert in APPLETON 22 TOWOLDMON0050088 1 the higher homologues of PCBs that would occur 2 after the degradation. 3 Q And is that one of the conclusions that you 4 reached, that 1242 was, in fact, a substance that 5 had been released into the environment, that what 6 was being observed from environmental samples were 7 its residues? 8 A Right, yes. 9 MR. SCHAFER: Objection to form. 10 BY MR. LYTZ: 11 Q Your second task that is reflected here on 12 Exhibit 947 was a responsibility to collect 13 information about PC disposal of waste at the 14 Newport plant. 15 A Right, yes. 16 Q Now, is that referring -- what's the Newport plant? 17 That's a plant in the United Kingdom, isn't it? 18 A That's right. Newport in United Kingdom in South 19 Wales. And the plant that the -- manufacturing 20 Aroclor was sited at that plant, which is by the 21 Severn estuary, quite close to the coast, in fact, 22 of the -- what's called the tepted (phonetic) up 23 point. It's the Bristol Channel, but it is the 24 estuary of the river Severn. So that the plant is 25 right on the banks of that estuary. Vodden, Herbert in APPLETON 23 TOWOLDMON0050089 1 Q And did Monsanto, in fact, conduct investigations 2 at that plant for Aroclor releases? 3 A We did, yes. 4 Q Did you discover any? 5 A Yes. 6 Q Did you do anything about it? 7 A Yes. We tightened up the disposal of the -- of the 8 residues from the plant. Most of the contamination 9 occurred due to the release of what were called the 10 bottoms of the plant residues from the -- from the 11 process. 12 And these contain mainly of the 13 chlorinated terphenyls, and products of that sort, 14 to finally being three benzene rings rather than 15 two, as in biphenyl. 16 And part of the contamination arose from 17 the fact that this -- this was deposited at the 18 site in a -- in a landfill. But otherwise, there 19 were leakages due to poor housekeeping and that 20 sort of thing, so that we tightened up on the 21 housekeeping and tried to make sure there wouldn't 22 be -- certainly no unintentional leakage of 23 material from that point on. 24 And then the other -- when we -- we then 25 started to dispose of our residues through a waste Vodden, Herbert in APPLETON 24 TOWOLDMON0050090 1 disposal organization, who used a quarry at a place 2 called Brofyskin in South Wales, where they would 3 drum -- put this material into drums and then store 4 it in a dry quarry or a landfill with -- with no 5 watercourses going through it. 6 So in this way, we hoped that we would at 7 least contain the situation until such time as a different method of disposal could be worked out. 9 We then investigated incineration as 10 another method of dealing with the waste from the 11 plant, and this eventually was the process that we 12 adopted. 13 Q The third obligation that was assigned to you in 14 this Exhibit 947 was to collect information 15 relevant to PCB disposal to waste at major 16 customers. 17 A Right. 18 Q What did you do in that regard? 19 A Well, we made visits to all of -- most of our major 20 customers, which were mainly in numbers in the 21 electrical field, capacitor manufacturers and 22 transform -- transformer manufacturers, and advised 23 them of the problems relating to spillages and 24 unintentional disposal of the products. 25 We advised them to dispose of waste Vodden, Herbert in APPLETON 25 TOWOLDMON0050091 1 capacitors into landfill -- dry landfill, and 2 eventually we advised incineration, but that hadn't 3 yet been developed, of course, in that time. 4 Q Did you also contact anybody at NCR? 5 A We contacted Wiggins Teape and NCR at the same time 6 to advise them of our concerns about the use of 7 Aroclors in what we called open-ended applications. 8 Q And you contacted -- did you contact NCR in the 9 latter part of 1969? 10 A That's right, yes. 11 Q Who did you contact? 12 A Well, in Europe, it was Martin Kelly that I met. 13 Q Martin Kelly was an employee of NCR? 14 A That's right, NCR at Borehamwood. 15 Q And Borehamwood was what? 16 A That was the plant where the emulsion was 17 manufactured, which was then sold on to Wiggins 18 Teape for paper coating. 19 Q Did you meet with Mr. Kelly in 1969? 20 A As far as I can remember, I met him then, yes. 21 Q Did you talk to him about your concerns about the 22 releases of PCBs into the environment? 23 A I did, yes. 24 Q Did you talk to him about Aroclor 1242 in 25 particular? Vodden, Herbert in APPLETON 26 TOWOLDMON0050092 1 A Yes, um-hum. 2 Q Did you explain that Aroclor 1242, or components of 3 it, were a persistent substance that would 4 bioaccumulate? 5 A Yes. 6 MR. SCHAFER: Objection. Form. 7 MR. HERMES: Objection. Form. 8 THE WITNESS: We certainly pointed this 9 out, that even though Aroclor 1242 was not 10 identified as an environmental contaminate - 11 contaminant, there was no doubt that -- that 12 degradation of this product would eventually appear 13 as a residue in the environment. 14 BY MR. LYTZ: 15 Q And did you explain your concern that releases of 16 1242 posed those problems? 17 A Yes. 18 MR. HERMES: Object as to form. 19 BY MR. LYTZ: 20 Q Did you tell Mr. Kelly in the end of 1969 that 21 Monsanto was going to terminate its sales of 22 Aroclor 1242 to those applications that were opened 23 and uncontrolled? 24 A We had by then formulated this policy, and we would 25 have pointed that out to him, yes. Vodden, Herbert in APPLETON 27 TOWOLDMON0050093 1 Q So your recollection is is that you did tell 2 Mr. Kelly at the end of 1969 that you would be 3 terminating the sale of Aroclor 1242 for use in the 4 production of making NCR paper. 5 A Right, yes. 6 Q Was there anybody else present at your meeting with 7 Mr. Kelly? A I think -- I think it was a joint meeting with NCR 9 and Wiggins Teape, so I think the Wiggins Teape 10 representative was also there. I can't remember 11 exactly who that was. I've tried to recall the 12 name of this -- the Wiggins Teape person, but I 13 fail to remember his name. 14 But certainly we spoke to Wiggins Teape 15 and NCR jointly at that time because both were 16 involved in the problem. 17 Q Did you talk about -- do you know what broke is? 18 A Yes, um-hum. 19 Q What does that mean to you? 20 A Well, broke is the wastepaper which arises from the 21 production and the sort of things like off-cuts and 22 whatever that you've got from the process. 23 During your discussions with -- joint discussions 24 with NCR and Wiggins Teape, did you discuss 25 potential risk associated with the recycling of Vodden, Herbert in APPLETON 28 TOWOLDMON0050094 1 broke? 2 A Not at that time. I think this came up later when 3 we were finding that there was more evidence that 4 the -- that the recycling of carbonless paper was 5 posing a problem. 6 Q It did become an issue at some point. 7 A Yep. 8 MR. LYTZ: Next in sequence, please. 9 (Exhibit 948 marked for identification.) 10 BY MR. LYTZ: 11 Q Dr. Vodden, I've handed to you what's been marked 12 as Exhibit 949 to your deposition. 13 Let me state for the record - 14 Let me now hand to you what has been 15 marked as Exhibit 949. 16 MR. BURGESS: Is it 948? 17 THE REPORTER: It's 948. 18 MR. LYTZ: 948 to your -- 19 Thank you. Okay. Let's get back on page 20 here. 21 Q I have just handed to you, Dr. Vodden, what has 22 been marked as Exhibit 948 to your deposition, and 23 I'll note for the record that this may have been 24 previously marked as Exhibit 755-M. 25 This appears to be a January 13th, 1970, Vodden, Herbert in APPLETON 29 TOWOLDMON0050095 1 memorandum, multiple pages in length. It has the 2 subject matter of "Aroclor Effluent - Visit to NCR 3 Boreham Wood." 4 You appear as a recipient of this - 5 A Right, yes. 6 Q -- memorandum. Do you see that? 7 A Yes. 8 Q And let me state for the record that this has the 9 Bates Stamp Nos. MONSFOX00056852 through -56856, 10 inclusive. 11 Do you remember receiving a copy of this, 12 Dr. Vodden? 13 A I remember the incident. This was an incident of a 14 spillage of the Aroclor on arrival at Borehamwood, 15 which was somewhat different from the actual 16 product use. 17 And this was handled by the Newport plant 18 personnel, who visited Borehamwood to advise on how 19 to clean up the spillage and minimize the risks of 20 the Aroclor itself getting into the waterways. 21 Q Had NCR called -- excuse me. 22 Had NCR called Monsanto and requested 23 their assistance? 24 I assume they had. I don't know for certain. This 25 was something they would have dealt with with Vodden, Herbert in APPLETON 30 TOWOLDMON0050096 1 the -- through the -- one of the Newport plant 2 delivery systems. 3 Q Do you know a J.D. Humphreye? His name -- he 4 appears to be the author of this report. His name 5 appears on the second page. 6 Well, yes. He's one of the technical services 7 department people at Newport. 8 Q What was the technical services department? 9 A Technical services department at a plant were a 10 group of people who were there to handle any 11 technical problems which arise during plant 12 production. And part of their responsibility 13 included handling on -- on problems which arose 14 from product which left the plant and had been 15 delivered. 16 Q This document states that there was a visit made to 17 the plant on January -- or 8th January, 1970. 18 If you look in the middle of the first 19 page, there's a subheading "Summary." 20 A Um-hum. 21 Q And immediately below that in the first paragraph, 22 there is the statement that this visit was made on 23 8th January, 1970, in the company of a Mr. Dibbs, 24 marketing, and discussions were held with the NCR 25 plant manager, Mr. Powell, and the NCR chief Vodden, Herbert in APPLETON 31 TOWOLDMON0050097 1 chemist. 2 Do you see that? 3 A That's right, yep, um-hum. 4 Q Did you talk to Mr. Humphreye about the visit that 5 he made? 6 A I can't remember whether I talked to him 7 specifically about this, but I was certainly informed about it at the time, and I can't remember 9 exactly what conversations we had. 10 Q You were a recipient of this memo? 11 A That's right. 12 Q And you recognize this as a document you received? 13 A Yep. Yes, um-hum. 14 Q Let me ask you to turn to the second page. And if 15 you would, please - 16 Well, let me just read it. These are 17 sort of small. 18 At the top, there's a paragraph that 19 says, "A line of enquiry to be investigated further 20 was the report that, at the paper coating plant 21 where the NCR emulsion is used, up to 20 percent of 22 the paper, or 10,000 tons per annum, ends up as 23 off-cuts, which are sent for repulping in a South 24 Wales location, during which it is endeavored to 25 wash out the emulsion." Vodden, Herbert in APPLETON 32 TOWOLDMON0050098 1 Do you see that? 2 A Yes, um-hum. 3 Q Earlier, we were talking about recycling of broke, 4 and you were uncertain when that issue had first 5 been raised. 6 A Right, um-hum. 7 Q Does this refresh your recollection that at least by early January of 1970 - 9 A Right. I think this may well be the trigger point 10 that we knew about at the time. 11 As I say, I wouldn't say I remembered 12 exactly the timings of these events, but that 13 probably confirms that this is what happened. 14 Q It appears - 15 Let me ask you to turn to the fourth page 16 of the exhibit. It has at the bottom -- it's the 17 next-to-last page, and it has at the bottom the 18 Bates stamp number ending with -855. Yes, one more 19 page. 20 A Yeah, um-hum. 21 Q You will see in the middle of this page, there 22 looks to be a flow chart of Aroclor 1242, and then 23 at the bottom of the page, a series of samples and 24 some analysis percent PCBs. 25 Do you see that? Vodden, Herbert in APPLETON 33 TOWOLDMON0050099 1 A Right, yes, um-hum. Okay. Right, um-hum. 2 Q Do you know whether the samples that were reflected 3 there were work that was performed for NCR by 4 Monsanto? 5 MR. SCHAFER: Objection to form. 6 THE WITNESS: This was Monsanto work, 7 yes, this. 8 BY MR. LYTZ: 9 Q And just -- so this was Monsanto work, correct? 10 A I don't - 11 MR. HERMES: Object as to foundation. 12 THE WITNESS: Let me think about this. 13 No. The analysis would have been done by 14 Monsanto, but the actual calculations back toward 15 this were NCR's responsibility. 16 BY MR. LYTZ: 17 Q Did Monsanto report these analytic results to NCR? 18 MR. SCHAFER: Objection to foundation. 19 THE WITNESS: Well, we reported them so 20 they could then work out what was happening. 21 BY MR. LYTZ: 22 Q So you took -- they at NCR have taken samples at 23 various points in their manufacturing process; is 24 that correct, and provided them to Monsanto for 25 analysis ? 34 Vodden, Herbert in APPLETON TOWOLDMONOQ50100 1 A As far as I can remember, yes. 2 Q And then when Monsanto obtained an analytic result, 3 it would report that result back to NCR. 4 A Yes. 5 MR. SCHAFER: Objection to form and 6 foundation. 7 BY MR. LYTZ: 8 Q Is that "yes"? 9 A Yes. 10 (Exhibit 949 marked for identification.) 11 BY MR. LYTZ: 12 Q Dr. Vodden, I am handing to you what has been 13 marked as Exhibit 949 to your deposition. And this 14 is entitled a "Report of Meeting with Ministry of 15 Agriculture" - 16 Let's see. I'm sorry. May I see this? 17 Excuse me. I was the one confused. 18 This is a report entitled "Report of a 19 Meeting with NCR and Wiggins Teape in London, 26th 20 January, 1970." 21 It's a multiple-page memorandum that 22 bears the Bates stamp range of PHGNCR-2001880 23 through -1883. 24 Could I ask you to take a moment, examine 25 the exhibit, and tell me if you recognize it. 35 Vodden, Herbert in APPLETON TOWOLDMONOQ50101 1 A Yes, um-hum. Right, um-hum. 2 Q This appears to have been a joint meeting that you 3 attended in January in London with both NCR and 4 Wiggins Teape. 5 Do you remember that? 6 A I certainly remember meeting them. Whether I 7 remember this specific date and everything is another matter. I would imagine this is the one I 9 do remember, yes. 10 Q Let me ask you to look on the first page in the 11 summary of the meeting, where the author wrote, 12 "Both NCR and Wiggins Teape are very concerned 13 about the developing PCB residue situation, even 14 though it is the higher chlorinated compounds that 15 are currently being found in nature. They asked 16 that we did not identify NCR paper as a major 17 outlet for Aroclor at our forthcoming meeting with 18 the Ministry of Agriculture, although they realized 19 that this information would become knowledge 20 eventually and that we had our own interests and 21 integrity to protect. A few weeks of delay would 22 give them time to check" their own housekeeping - 23 "to check that their own housekeeping was as it 24 should be." 25 Do you see that? 36 Vodden, Herbert in APPLETON TOWOLDMONOQ50102 1 A Right, yes, um-hum. 2 Q Do you remember conversations to that effect during 3 this meeting on the 26th of January? 4 A I certainly remember this kind of discussion going 5 on. Whether it was at this meeting or at some 6 other, I'm not too sure, but certainly that would 7 have been about the right timing for it. 8 And you recall NCR and Wiggins Teape asking 9 Monsanto not to reveal to British governmental 10 authorities at this time - 11 A Right. 12 Q -- their use of Aroclor 1242. 13 A Yes, um-hum. 14 Q Could I ask you to turn to the third page of the 15 exhibit. It has the -- ends in the Bates Stamp 16 No. -1882, the ending numbers, and is labeled 17 page 3 up at the top. 18 A Yep. Got it. Yes, um-hum. 19 Q If you would for a moment read to yourself, if you 20 would, please, the paragraphs numbered 3 and 4. 21 A Right. Okay. 22 Q You discussed here in the presence of both Wiggins 23 Teape and NCR the fact that you would be 24 undertaking visits at Wiggins Teape's operations. 25 Do you see that in Paragraph 3? 37 Vodden, Herbert in APPLETON TOWOLDMONOQ50103 1 A Right, yes. 2 MR. HERMES: Object as to form. 3 BY MR. LYTZ: 4 Q Do you recall whether Monsanto in fact followed 5 through and visited the Treforest and -- is it 6 Nivelles, do you pronounce that? 7 A Nivelles, yes. It's in Belgium, yes. 8 This visit would have been made by the 9 representative to the technical services department 10 from Newport. Insofar as I am aware, they made 11 this visit. I can't recall whether I saw the 12 report on this, but I assume that at the time I 13 would have done. 14 Q The fourth paragraph, again, talks about 20 percent 15 of broke arising from production. And then there's 16 a discussion that Mr. Capps -- do you know 17 Mr. Capps? 18 A I knew of him, yes, at the time, yes. 19 Q Was he an employee at Wiggins Teape? 20 A He was the Wiggins -- he was the -- I think he was 21 the manager of one of their departments; I forget 22 which now. 23 Q Do you remember discussing with him the -- any 24 concerns about the recycling of broke? 25 A Well, this would have come up as a general concern 38 Vodden, Herbert in APPLETON TOWOLDMONOQ50104 1 in any case because we were concerned about the 2 disposal of PCBs in any form into the environment. 3 So this would have been a clear case of disposal 4 into the environment. 5 Q As a result of recycling. 6 A Right, yes. 7 Q The very last paragraph on this page -- or No. 7 down there, states that "Wiggins Teape and NCR want 9 to develop a story to support their position." 10 Do you see that? 11 A That's right, yes. 12 Q Do you know what that's about? 13 A I don't remember what happened at that time with 14 their story. I know they wanted to minimize the 15 damage that might be caused by -- by the concerns, 16 and they wanted to delay as far as they could the 17 widespread knowledge about this use in carbonless 18 paper until they could get their new -- the new 19 solvent into use, which at that time had been 20 agreed that they would do. 21 Again, this is almost at the time when 22 they were changing over to use HB-40 rather than 23 Aroclor as their solvent. 24 Q So in January of 1970, you were already in 25 discussion -- you Monsanto and you personally were 39 Vodden, Herbert in APPLETON TOWOLDMONOQ50105 1 already in discussions with Wiggins Teape and NCR 2 about a replacement for Aroclor 1242. 3 A Exactly, yes, because that was almost the first 4 thing we did in the discussions. 5 Q And the reason for the replacement of the product 6 was because of the environmental concerns - 7 A Exactly. 8 Q -- you had about 1242. 9 A Yes, um-hum. 10 (Exhibit 950 marked for identification.) 11 BY MR. LYTZ: 12 Q Dr. Vodden, I've handed to you what has been marked 13 as Exhibit 950 to your deposition. This is a 14 document entitled "Report of Meeting with the 15 Ministry of Agriculture, Fisheries and Food, 16 Fisheries Laboratory, Burnham-On-Crouch, in London, 17 27th January, 1970," a multiple-page document 18 bearing the Bates range MONSFOX00034541 through 19 -34543, inclusive. 20 And I ask you to take a moment to examine 21 the document and tell me if you recognize it. 22 A Yes, yes, um-hum. 23 Q This document reflects that you were a participant 24 in the meeting with this agency. This appears to 25 be the day after the meeting you just had with 40 Vodden, Herbert in APPLETON TOWOLDMONOQ50106 1 Monsanto and NCR. 2 A Right, yes, um-hum. 3 Q Was part of the purpose of your meeting the day 4 before with Monsanto and NCR to prepare for this 5 meeting with the government? 6 Not specifically. It was part of an ongoing series 7 of meetings we were having at the time. It's probably coincidental that the two meetings 9 occurred one day after the other, but probably 10 mainly for my convenience to shuffle down to London 11 to do both meetings one day after the other. 12 But we wanted to clear with Wiggins Teape 13 and NCR exactly what they would wish us to say to 14 any ministry meeting. So it worked out quite 15 fortuitous that that's the way round it was. 16 Q And they had asked you to make - 17 A To withhold -- 18 Q -- no mention -- 19 A -- any information at this meeting. 20 Q Could I ask you to turn to the last page of the 21 exhibit. 22 On the -- there's a Paragraph 6 there. 23 A Right. 24 Q Which I believe confirms what you just testified. 25 It states at the end of that paragraph 41 Vodden, Herbert in APPLETON TOWOLDMONOQ50107 1 that "No mention was made of NCR, but it will 2 become increasingly difficult to maintain this 3 position." 4 A Right. 5 Q Do you see that? 6 A Yes, um-hum. That's true, yes. 7 Q But you made no mention of NCR or Wiggins Teape's use - 9 A Not at that meeting, certainly not, no. 10 Q And that was at their request. 11 A At Wiggins Teape and NCR's request, yes. 12 Q Could I ask you to turn to the second page and 13 focus your attention on Paragraph 2 under the 14 section "Detail." It begins, "It is invariably the 15 higher chlorinated compounds." 16 Do you see that? 17 A Yes, um-hum. 18 Q Could I ask you to take a moment and read that to 19 yourself. 20 A Right, yeah, um-hum. 21 Q It's reported here that in 1969, Aroclor 1242 22 accounted for 70, or maybe 78 percent -- I can't 23 quite read the number - 24 A 78 percent, I think it is. 25 Q -- 78 percent of the total U.K. Aroclor sales. Vodden, Herbert in APPLETON 42 TOWOLDMONOQ50108 1 Was NCR the largest customer for PCBs 2 that Monsanto had in the United Kingdom? 3 A I'm sorry. I didn't quite get the question. 4 Q Was NCR the largest company -- customer that 5 Monsanto had for the sale of PCBs in the United 6 Kingdom? 7 MR. SCHAFER: Objection to foundation. 8 THE WITNESS: Right, yes, um-hum. Yes, 9 they -- Aroclor 1242 was sold for capacitors in the 10 electrical industry and for carbonless paper. 11 Those were the two applications. And they -- NCR 12 paper was certainly larger than the capacitor so - 13 (Exhibit 951 marked for identification.) 14 BY MR. LYTZ: 15 Q Dr. Vodden, I've handed to you what has been marked 16 as Exhibit 951 to your deposition. This is a 17 document entitled "Report of Meeting with NCR and 18 Wiggins Teape in London, 19th February, 1970." 19 It's a multiple-page document with a Bates range 20 PHGNCR-2001875 through 2001878 -- whoops, no, I 21 take it back -- through 2001879, inclusive. 22 Could I ask you to take a look at this 23 document and tell me if it's something that you 24 recognize. 25 A Yes, I recognize the document, yes, um-hum. 43 Vodden, Herbert in APPLETON TOWOLDMONOQ50109 1 Q You were indicated as being a recipient of it. 2 A Exactly, yes. 3 Q As you can see it in the first paragraph, the first 4 paragraph under the "Summary" section states that 5 this was a meeting called at the request of Wiggins 6 Teape, who wish to exchange views of the PCB 7 problem at a top management level. 8 A Yes, um-hum. 9 Q It appears that you were not personally in 10 attendance at this meeting. 11 A I wasn't at the meeting, no. No, this was a high 12 level meeting that included the -- from the 13 Monsanto side, the managing director of Monsanto 14 U.K., the -- 15 Q Was that Dahlstrom? 16 A No, that was Garrels. 17 Q Garrels ? 18 A And Dahlstrom was the business group director based 19 in Brussels. 20 Now, Cameron was the marketing man who 21 also visit -- who just attended as well. But 22 basically, it was a noticeably high level meeting. 23 Q You do remember this meeting having occurred? 24 A I remember the occasion, yes. 25 Q Did you talk to anybody who attended it about what Vodden, Herbert in APPLETON 44 TOWOLDMONOQ50110 1 happened at the meeting? 2 A I probably talked to Cameron, but I can't recall 3 exactly, you know, what the discussion would have 4 been at that time. 5 Q Could I ask you to turn to the next-to-last page of 6 the exhibit. This has the Bates No. 2001878 at the 7 bottom. 8 A Right, um-hum. 9 Q Up towards the top, there's a Paragraph 7. Could I 10 ask you to take a moment and read that to yourself. 11 A Right, um-hum. 12 Q Do you remember having received this report that 13 the -- that there were eight to ten board mills in 14 the United Kingdom that were handling NCR broke? 15 MR. HERMES: Object as to foundation. 16 THE WITNESS: I recall the sort of -- the 17 problem being raised. Whether I remember exactly 18 reading this paper, I can't be sure, but I'm sure I 19 did, and I would have been aware of this particular 20 thing. 21 BY MR. LYTZ: 22 Q The first sentence in that paragraph states that 23 "Wiggins Teape have calculated an Aroclor mass 24 balance, copy attached." 25 A Um-hum. 45 Vodden, Herbert in APPLETON TOWOLDMONOQ50111 1 Q Could I ask you to turn the page and -- to the last 2 page of the exhibit. 3 A Right. 4 Q This, to your knowledge, was a document that was 5 prepared by Wiggins Teape? 6 A That's right, yes. 7 Q And it traces out Wiggins Teape's estimate of the 8 fate of Aroclor 1242 that was delivered to its 9 Treforest and Nivelles plant. 10 MR. HERMES: Object as to form. 11 THE WITNESS: Nivelles plant. That's 12 right, yes. 13 Certainly I was aware that quite a high 14 proportion of the Aroclor would eventually end up 15 in rivers. That's one of the reasons why our 16 concerns were really high about the carbonless 17 paper application. 18 BY MR. LYTZ: 19 Q Right. Including the recycling of broke. 20 A That's right, yes, um-hum. 21 Q And this was a meeting that NCR attended, as well 22 as Wiggins Teape, correct? 23 A Yes, um-hum, that's right, yes. 24 Q Let me suggest we do one more document, take a 25 short break, and I'll also let you know that 46 Vodden, Herbert in APPLETON TOWOLDMONOQ50112 1 we' re -- I will be done in the not-too-distant 2 future here. 3 MR. HERMES: Famous last words. 4 MR. BURGESS: He may mean it. 5 (Exhibit 952 marked for identification.) 6 BY MR. LYTZ: 7 Q Dr. Vodden, I've handed what has been -- to you 8 what has been marked as Exhibit 952 to your 9 deposition. This is a multiple-page document, 10 progress report from the technical services 11 department dated 3rd March, 1970, entitled 12 "Aroclors Pollution - Visits to Wiggins Teape, 13 Treforest & Nivelles" plant. 14 A Yes. This was the TSD visit following the 15 recommendation to be made. 16 Q TSD, standing for technical services department? 17 A That's right, yes. 18 Q Let me just state for the record that this is a 19 multiple-page document bearing the Bates range 20 PHGNCR-2005015 through -5020, inclusive. 21 On the second page of the document, this 22 appears to address the details of the visits to - 23 the visit to Wiggins Teape Limited, Treforest. Is 24 it Treforest or Treforest? How do you pronounce 25 that? 47 Vodden, Herbert in APPLETON TOWOLDMONOQ50113 1 A Treforest. 2 Q The Treforest plant. 3 Underneath the attendance list, there's a 4 statement that -- as follows: "The problems of 5 water contamination by plant effluent were 6 discussed. Wiggins Teape management were very 7 aware of the seriousness of the problem and were 8 anxious to maintain tight security regarding its 9 nature so as not to cause unnecessary alarm among 10 their employees." 11 Do you see that? 12 A Yep, um-hum. 13 Q Was this a reference to effluents containing PCBs 14 coming out of the Treforest plant? 15 A That's right, yeah. 16 MR. HERMES: Object as to foundation. 17 BY MR. LYTZ: 18 Q This document reflects that Monsanto, in fact, 19 carried through on its commitment to do sampling 20 at - 21 A Yes. 22 Q -- Wiggins Teape's plants, correct? 23 A That's right, yes. 24 Q And so as was the case with the investigations done 25 at Borehamwood on behalf of NCR, so, too, did 48 Vodden, Herbert in APPLETON TOWOLDMONOQ50114 1 Monsanto do for Wiggins Teape and their operations. 2 A That's right, both with Treforest and at Nivelles. 3 Q You are reflected as a recipient of this meeting - 4 of this. You were still in constant 5 communications, were you not, with both Wiggins 6 Teape and NCR - 7 A Right. 8 Q -- about this investigation? 9 A Yes, um-hum. 10 MR. SCHAFER: Objection to form. 11 BY MR. LYTZ: 12 Q And did you share with one another the results of 13 the investigations? For example, did you share the 14 results of the investigation reported here of 15 Wiggins Teape's facility with NCR? 16 MR. HERMES: Object as to form. 17 THE WITNESS: I can't recall whether we 18 discussed this specifically with Kelly, but 19 certainly we discussed it with Wiggins Teape. 20 BY MR. LYTZ: 21 Q Was your typical pattern of conduct during the 22 course of this investigation to share information 23 equally with both Wiggins Teape and NCR? 24 MR. SCHAFER: Objection to form. 25 MR. HERMES: Objection to form. 49 Vodden, Herbert in APPLETON TOWOLDMONOQ50115 1 THE WITNESS: I think so, but clearly it 2 would depend to some extent on who one was speaking 3 to at the time. 4 MR. LYTZ: Let's take a ten-minute break 5 or so. 6 THE VIDEOGRAPHER: This is the end of 7 Tape 1 and Volume 1 of the deposition of Herbert 8 Vodden. 9 We're going off the record at 10:40, 10 which is time stamped as 10:40 p.m., which is, of 11 course, 10:40 a.m. 12 (A recess was taken.) 13 (Exhibit 953 marked for identification.) 14 THE VIDEOGRAPHER: This is the beginning 15 of Tape 2 in Volume 1 of the deposition of Herbert 16 Vodden. 17 We're back on the record at 10:55 a.m. 18 BY MR. LYTZ: 19 Q Dr. Vodden, I'm handing to you what has been marked 20 as Exhibit 953 to your deposition. This is a 21 document entitled "Monsanto Chemicals Limited 22 Research and Development Department." That's the 23 letterhead. I apologize. 24 The title of the document is "Aroclor 25 Environmental Contamination, Status Report of 50 Vodden, Herbert in APPLETON TOWOLDMONOQ50116 1 European Studies, 2nd March, 1970," a multiple-page 2 document with a Bates range GPFOX00030966 through 3 -30968, inclusive, apparently authored by you. 4 Could I ask you to take a moment, examine 5 the document, and tell me if you recognize it. 6 A Yes, um-hum. Right, um-hum. 7 Q Is this a document that you authored on or about - well, what date was this? 9 A 2nd of March. 10 Q 9th March I see. 11 A 2nd of March, 1970, yes. 12 Q So it looks like on the back page, it's the 9th of 13 March, 1970? Look to the -- do you see that? 14 A That's right, yeah. Why did it say the 2nd at 15 the -- on the front, I wonder. Never mind. I 16 suppose somebody new got it. Okay. Right, um-hum. 17 Q But this is a status report that you wrote, is it 18 not? 19 A That's right, yeah. 20 Q Let me ask you to turn your attention to the third 21 page -- the last page of the document. 22 A Right. 23 Q And up at the top, there's a Paragraph 5 entitled 24 "PCB Disposal at Customer Plants." 25 Please take a moment and read that to 51 Vodden, Herbert in APPLETON TOWOLDMONOQ50117 1 yourself. 2 A Right, um-hum. 3 Q You can see in the first paragraph there that 4 you're reporting the technical discussions with NCR 5 and Wiggins Teape - 6 A Right. 7 Q -- have resulted in some agreed-upon actions and 8 exchange of -- and exchange of information. 9 Do you see that? 10 A Yes, um-hum. 11 Q Does this refresh your recollection that the three 12 companies were working together, Monsanto, NCR, and 13 Wiggins Teape - 14 A That's right. 15 Q -- and exchanging the information that was being 16 developed? 17 A Yes, um-hum. 18 MR. SCHAFER: Objection to form. 19 MR. HERMES: Objection to form. 20 BY MR. LYTZ: 21 Q That's correct, yes? 22 A That's correct, yes. 23 (Exhibit 954 marked for identification.) 24 BY MR. LYTZ: 25 Q Dr. Vodden, I'm handing to you what has been marked 52 Vodden, Herbert in APPLETON TOWOLDMONOQ50118 1 as Exhibit 954. This is a multiple-page document 2 entitled "Report of Meeting with Ministry of 3 Agriculture, Fisheries and Food, at Monsanto House, 4 London, 10th March, 1970," a multiple-page document 5 with a Bates range MONSFOX00034524 through -34529, 6 inclusive. 7 Could I ask you to take a moment and examine the document and tell me if you recognize 9 it. 10 A Yes, um-hum. Right, um-hum. 11 Q This appears to be a report of a meeting with the 12 Ministry of Fisheries and Food that you attended. 13 A That's right, yes, um-hum. 14 Q Together with Mr. Cameron and Mr. Lidgett? 15 A That's correct, yes. 16 Q And present for the government were, among others, 17 a Mr. S. Bailey from Infestation Control 18 Laboratory. 19 A That's right, yes, um-hum. 20 Q If you could turn to the top of the second page, 21 the first full paragraph there begins, 22 "Accordingly, we did not name any customers, nor 23 did we disclose the NCR paper application." 24 Do you see that? 25 A That's right, yep, um-hum. 53 Vodden, Herbert in APPLETON TOWOLDMONOQ50119 1 Q Were you still doing this at this time at the 2 request of NCR and Wiggins Teape? 3 A Yes, um-hum. 4 Q Could I ask you to turn to the fourth -- well, the 5 Arabic No. 4. It's the -- has the Bates No. -34527 6 at the bottom. 7 Right, um-hum. 8 Q Are you with me? There's a Paragraph 7 in the 9 middle of the page talking about PCB residues being 10 found. 11 Could I ask you to take a moment and read 12 that to yourself, please. 13 A Right, yes, um-hum. Right, yes. 14 Okay. If I can just comment there on the 15 Bailey regarded Aroclor 1242 as trichlorodiphenyl 16 rather than calling it Aroclor 1242. 17 Q That's what I was -- my first question. 18 A It's not as simple as it sounds. Trichlorodiphenyl 19 wouldn't be a product that we would have available 20 anyway. It would have to be the mixture. 21 Do you think that -- so, in short, was Mr. Bailey 22 talking about 1242 -- Aroclor 1242 here? 23 MR. SCHAFER: Objection to foundation and 24 form. 25 THE WITNESS: Basically, yes, um-hum. 54 Vodden, Herbert in APPLETON TOWOLDMON0050120 1 BY MR. LYTZ: 2 Q Do you remember having discussions with Mr. Bailey 3 at this meeting concerning Aroclor 1242 as a 4 potential source for the - 5 A I do, yes, for the -- yes. 6 Q -- for the chemicals being observed in the 7 environment? 8 A Right, yes, um-hum. 9 Yes. We agreed with his explanation for 10 the presence of the -- of this product. 11 (Exhibit 955 marked for identification.) 12 BY MR. LYTZ: 13 Q Dr. Vodden, I'm now handing to you what has been 14 marked as Exhibit 955 to your deposition. This is 15 a multiple-page document entitled, "Report of 16 Meeting with Wiggins Teape at Beaconsfield, Bucks 17 on 16th April, 1970," a multiple-page document with 18 a Bates range MONSFOX00031834 through -31836, 19 inclusive. 20 A Right. 21 Q Would you please take a moment, examine the 22 document, and tell me if you recognize it. 23 A Yes, yes, um-hum, yep. 24 Q You are reflected as a recipient of this document. 25 Do you recall having received it sometime in April 55 Vodden, Herbert in APPLETON TOWOLDMONOQ50121 1 of 1970? 2 A Right, yes, um-hum. 3 Q On the first page in the first paragraph, under 4 "Summary," there is a statement that says, 5 "Following the detection of what seemed to be a 6 lower chlorinated PCB in a cardboard carton by 7 Bailey of the Ministry of Agriculture and Infestation Control Laboratory, Tolworth, Wiggins 9 Teape decided that, in their own self-defense, they 10 could remain silent no longer about their usage of 11 Aroclor 1242." 12 Do you see that? 13 A Yes. 14 MR. CARNEY: Objection. I think you said 15 "self-defense." I think it says "self-interest." 16 MR. LYTZ: Self-interest. Thank you, 17 Mr. Carney. 18 Q Do you recall this cardboard box incident? 19 A I do, yes. 20 Q Could you tell me what that was? 21 A Well, this -- Mr. Bailey was an analytical expert 22 at the ministry, and I forget the exact position 23 that he was going through, but he found he was 24 using -- there were Little John boxes, they were 25 called. These were packages for some -- some 56 Vodden, Herbert in APPLETON TOWOLDMONOQ50122 1 materials they were using in their analysis work. 2 And he found, because he was checking 3 back to see where contamination might come from, he 4 found that these boxes or packages did contain 5 traces of Aroclor 1242, rather than the higher 6 homologues that were normally found. And this, he 7 reckoned, was due to the fact that this cardboard was processed from recycled paper of some sort. 9 Q Could I ask you to turn to this -- I'm sorry. I 10 don't mean to interrupt. Please continue. 11 A No. Well, I was just going on to say, I don't 12 think he knew at that time that this would have 13 been carbonless paper, but he did realize that it 14 was due to recycled paper of some sort. 15 May I ask you to turn to the second page of the 16 exhibit and focus your attention on Paragraph 3, if 17 you would, please. 18 A Right. Well, now, that confirms what we were just 19 saying earlier, that that cardboard had been 20 manufactured using the broke from Treforest. 21 So does this refresh your recollection that, in 22 fact, at the time that this report was written, 23 that people had reached the con -- that Wiggins 24 Teape itself had reported that the Little John 25 carton was likely made from recycled broke? 57 Vodden, Herbert in APPLETON TOWOLDMONOQ50123 1 A Right, exactly. Yep, um-hum. 2 Q And what were Little John cartons used for? 3 A Well, they were - 4 Q Do you know? 5 A They were used for packaging -- I can't remember 6 exactly now, but they were packaging for equipment 7 of some sort that were used in analytical 8 procedures. 9 Q If you look at the rest of Paragraph 3, it states 10 that "These branded, quote, 'Little John,' close 11 quote, cartons are fairly widely used for various 12 foodstuffs" - 13 A That's right. 14 Q -- "spices, herbs, cheeses, medicines and pills, 15 salt and confectionery." 16 A Yes, they were used for a lot of things, but this 17 particular one that Bailey picked up was because he 18 was -- it was packaging things that he was checking 19 for to see if it could be a source of contamination 20 in his analytical work. 21 Q I see. Okay. So this was -- he was just picking 22 what was handy. 23 A Yep, um-hum. 24 Q Do you recall there being any episodes in the 25 United Kingdom where there were instances of PCB 58 Vodden, Herbert in APPLETON TOWOLDMONOQ50124 1 contamination of food as a result of exposure to 2 Little John packaging and Little John - 3 A As far as I'm aware, there were no reported cases. 4 Again, PCBs generally were fairly ubiquitous, of 5 course, but specifically Aroclor 1242 I don't think 6 was picked up in foodstuffs. 7 Q Apart from this one instance, do you recall any other instances of -- that were reported in the 9 press about food contamination by PCBs? 10 A I can't recall any in the U.K. 11 Q Do you remember -- let me -- do you remember an 12 article reporting the contamination of cashew nuts 13 as a result of packaging in Little John drums? 14 I think -- you reminded me. That is something I 15 probably remember, but I would like to think I 16 remember that without your reminding me. See what 17 I mean? 18 Let me ask you to take a look at Paragraph 4 of 19 Exhibit 955 and ask you, if you would, to read it 20 to yourself. 21 A Right, um-hum. 22 Q So you see, it sounds like Mr. Capps, a Wiggins 23 Teape employee, had gone out and purchased 24 different products from Little John containers in 25 a -- 59 Vodden, Herbert in APPLETON TOWOLDMONOQ50125 1 A That's right, yep, um-hum. 2 Q -- local supermarket. 3 A Yes, um-hum. 4 Q And that your laboratory was going to do some work 5 on those food articles. Do you see that? 6 A We were testing the containers. It's the 7 containers that were tested, not the articles of 8 food. Right, um-hum. 9 Q And did you complete that work? 10 A I think so, yes, um-hum. 11 Q Do you remember what the results were? 12 A Well, I'm pretty sure we confirmed that, yes, you 13 know, Little John packaging did contain PCBs. 14 Q And was that information you would have shared with 15 NCR as well? 16 MR. SCHAFER: Objection to form. 17 THE WITNESS: I can't remember whether we 18 shared it with NCR. We certainly shared it with 19 Wiggins Teape. 20 (Exhibit 956 marked for identification.) 21 BY MR. LYTZ: 22 Q Dr. Vodden, I have handed to you what has been 23 marked as Exhibit 956, a two-page document entitled 24 "Report of Meeting with the Ministry of 25 Agriculture, Fisheries and Food, Fisheries 60 Vodden, Herbert in APPLETON TOWOLDMONOQ50126 1 Laboratory, Remembrance Avenue, Burnham-On-Crouch, 2 Essex, on 17th April, 1970." Bates range of 3 MONSFOX00034522 through -34523. 4 Could you take a moment, examine the 5 document, and tell me if you recognize it. 6 A Right, yes, um-hum. 7 Q This is quite a -- quite an address, Remembrance Avenue. I must congratulate the British on the 9 naming of streets. 10 You can see in the first paragraph this 11 was a document that was written by D.S. Cameron. 12 A That's right, yep. 13 Q And he stated in the summary of his meeting with 14 this agency that, "I disclosed, in confidence, the 15 usage of Aroclor 1242 in NCR paper and explained 16 the relationship between NCR and Wiggins Teape and 17 their respective roles in the production of this 18 specialty paper." 19 A Right, um-hum. 20 Q Do you see that? 21 A Yep, um-hum, that's correct, yeah. 22 Q Do you know what Mr. Cameron meant when he says he 23 disclosed that usage in confidence? 24 MR. HERMES: Object as to form, 25 foundation. 61 Vodden, Herbert in APPLETON TOWOLDMONOQ50127 1 THE WITNESS: What's your question about, 2 the "in confidence" or the what - 3 BY MR. LYTZ: 4 Q Let me start with a foundational question first 5 then. 6 Did you discuss this meeting with 7 Mr. Cameron? 8 A I probably didn't discuss it in detail. I read his 9 report and took it -- 10 Q Did you have any understanding of what he meant 11 when he wrote that he disclosed this usage of 1242 12 by NCR and Wiggins Teape in confidence? 13 MR. HERMES: Same objections. 14 THE WITNESS: Well, it's the "in 15 confidence" that I think your query is. 16 BY MR. LYTZ: 17 Q That's correct. 18 A What he meant by that. 19 Q I was just wondering if you personally had any 20 understanding of what that meant. 21 MR. HERMES: Same objection. 22 THE WITNESS: No more than that he 23 probably asked them not to disclose it to anybody. 24 But why he should do that, I'm not too sure, 25 because that was really the -- if he's disclosing 62 Vodden, Herbert in APPLETON TOWOLDMONOQ50128 1 it to the ministry, was really what Wiggins Teape 2 were wanting him to do. 3 No, I don't know exactly what that means. 4 (Exhibit 957 marked for identification.) 5 BY MR. LYTZ: 6 Q Dr. Vodden, I'm handing to you what's been marked 7 as Exhibit 957, a two-page document entitled, 8 "Report on Telephone Conversation with C. Capps, 9 Wiggins Teape, April 28th, 1970, Bates range 10 MONSFOXO0031837 through -31838. 11 Would you please examine the document and 12 tell me if you recognize it. You appear to have 13 been a recipient. 14 A I was copied in, yes, um-hum, right, um-hum. 15 Q And can I ask you just to focus your attention on 16 the first page. The last full paragraph has three 17 enumerated items beneath it. 18 Could you take a moment and review that 19 paragraph to yourself, please. 20 A Right, um-hum. 21 Q Was it your understanding that Wiggins Teape had 22 ceased selling its broke forrecycling? 23 A Right, yes, um-hum. 24 MR. HERMES: Object as to foundation. 25 63 Vodden, Herbert in APPLETON TOWOLDMONOQ50129 1 BY MR. LYTZ: 2 Q Could you repeat your answer, please. 3 A Right, yes, um-hum. 4 Q Yes, it was your understanding that Wiggins Teape 5 had ceased by April of 1970 recycling - 6 A Yes, um-hum. 7 Q -- broke? 8 A Yes, um-hum. 9 Q Do you know if that information was made known to 10 NCR? 11 MR. SCHAFER: Objection to foundation. 12 THE WITNESS: I don't know about that. 13 (Exhibit 958 marked for identification.) 14 BY MR. LYTZ: 15 Q Dr. Vodden, I'm handing to you what's been marked 16 as Exhibit 958 to your deposition. This is a 17 single page, bearing the Bates Stamp No. 18 PHGNCR-2001014. This appears to be a 19 December 15th, 1970, memorandum from W.B. 20 Papageorge to you. 21 A Right, um-hum. 22 Q Could I ask you to take a moment and review this 23 document to yourself. And once you've had a chance 24 to do so, tell me if you recognize it. 25 A Right, um-hum. 64 Vodden, Herbert in APPLETON TOWOLDMONOQ50130 1 Q Do you remember receiving this? 2 A I remember being asked to see if we could persuade 3 Bailey to delay publication, but I think in the 4 event, that didn't prove to be very -- very easy to 5 do. 6 Q Did you try to do so? 7 A We did have sort of conversations with Bailey about it, but I don't remember him agreeing to delay 9 publication. 10 Q Do you know why Mr. Papageorge was asking you to do 11 that, to try - 12 A Well, to give them more time to get the new solvent 13 into -- into production in the States. 14 Q By this time, Wiggins Teape had already replaced 15 Aroclor 1242 with HB-40; is that correct? 16 A They were replacing certainly by then, yes. 17 Q But the same thing had not happened yet in the 18 United States? 19 A No. 20 Q And there was a desire to delay further publicity 21 so that the conversion in the United States could 22 occur before additional adverse publicity. 23 That's right, yes, um-hum. 24 (Exhibit 959 marked for identification.) 25 Vodden, Herbert in APPLETON 65 TOWOLDMONOQ50131 1 BY MR. LYTZ: 2 Q Dr. Vodden, I'm handing to you Exhibit 959 to your 3 deposition, a multiple-page progress report dated 4 11 May, 1970, entitled "Environmental Contamination 5 by PCBs," addressed to you, among others, bearing 6 the Bates range of MONSFOX00059700 through -59719. 7 Could I ask you to take a moment and 8 examine the contents of this document. 9 A Right, um-hum. 10 Q Do you recognize Exhibit 959? 11 A Right, yep, um-hum. 12 Q This appears to be reporting on a variety of things 13 that were presented at a meeting held in Newport on 14 the 4th of May, 1970. 15 A Yes, um-hum, right, yes. 16 Q Was this sort of a summing-up meeting? 17 MR. HERMES: Object to foundation. 18 BY MR. LYTZ: 19 Q Status of investigations to date? 20 A This was a meeting mainly organized by the 21 technical services department at Newport to 22 summarize what -- what their involvement had been 23 in the PCB environmental problem. 24 I was not at the meeting for some reason, 25 I can't remember why, although I was copied in, Vodden, Herbert in APPLETON 66 TOWOLDMONOQ50132 1 obviously, on the report. 2 But it was largely to do with TSD work 3 and getting samples, both of the environment close 4 to the Newport plant and also near to the plants of 5 Wiggins Teape and NCR in Europe. 6 Q Yes, correct. And those results are reported 7 towards - 8 A That's right, yes. 9 Q -- the end of this. 10 A Yes. 11 Q Dr. Vodden, did you ever withhold any information 12 from NCR about environmental contamination issues 13 associated with Aroclor 1242? 14 MR. SCHAFER: Objection to form. 15 MR. HERMES: Objection to form. 16 THE WITNESS: I certainly don't think we 17 did. I can't remember withholding any information 18 from them. I was concerned with passing on the 19 information to both Wiggins Teape and NCR as early 20 as possible. 21 BY MR. LYTZ: 22 Q And you believe you did so fully? 23 A Yes, um-hum. 24 Q Did you ever tell NCR that Aroclor 1242 wasn't a 25 potential problem for the environment? Vodden, Herbert in APPLETON 67 TOWOLDMONOQ50133 1 A Yes, um-hum. 2 MR. HERMES: Objection to form. 3 BY MR. LYTZ: 4 Q You did tell them that it was a potential problem? 5 A Right, yes. And that was the reason why we wanted 6 to change solvents. 7 Q Okay. I think we have some double negatives going 8 on there, so let me ask the question one more time. 9 Did you ever tell NCR that Aroclor 1242 10 was not a potential environmental problem? 11 A Oh, sorry. 12 MR. SCHAFER: Objection to form. 13 THE WITNESS: No, we didn't tell them 14 that, no. Sorry. I didn't -- I missed that, the 15 double. 16 BY MR. LYTZ: 17 Q Missed the "not." 18 Did you tell NCR that Monsanto was 19 stopping the sales of 1242 for open applications, 20 such as carbonless paper? 21 A Yes. 22 Q And did you tell them that the reason that you were 23 doing that was because of environmental concerns? 24 A Yes. 25 Q Did you ever tell them anything to the contrary? Vodden, Herbert in APPLETON 68 TOWOLDMONOQ50134 1 A No. 2 Q And you told them that the components of -- or at 3 least certain components of Aroclor 1242 were 4 persistent, nondegradable, and would accumulate in 5 the environment. 6 A That's right, yes, um-hum. 7 MR. SCHAFER: Object to form. 8 THE WITNESS: Yes, um-hum. 9 MR. LYTZ: I have no further questions 10 for you at this time. My colleagues might. We 11 should change positions. 12 THE VIDEOGRAPHER: Can we go off the 13 record? 14 MR. SCHAFER: Yes. 15 THE VIDEOGRAPHER: Going off the record 16 at 11:24. 17 (There was discussion off the record.) 18 THE VIDEOGRAPHER: We're back on the 19 record at 11:26. 20 21 BY MR. HERMES: EXAMINATION 22 Q And, Dr. Vodden, again, I'm Mike Hermes, counsel 23 for Appleton Papers in this case. I just have a 24 few questions to follow up on what you've been 25 asked earlier this morning, okay? Vodden, Herbert in APPLETON 69 TOWOLDMONOQ50135 1 A Right, yes, um-hum. 2 Q Okay. One of the questions that counsel asked you 3 was whether Aroclor 1242 contained Aroclors 1254 4 and Aroclors 1260. 5 Do you recall that question earlier this 6 morning? 7 A I remember a question of that sort, yes. 8 Q Yes. Aroclor is a trade name of Monsanto, correct? 9 A That's correct. 10 Q And the 42, the 54, and the 60 represent the 11 percent of chlorine in that particular mixture, 12 correct? 13 A That's right, yes, um-hum. 14 Q And so it wouldn't be correct to say that Aroclor 15 1242 contained Aroclor 1254. It would be more 16 correct to say it contained some of the homologues 17 that were contained in 1254. 18 A That's correct, yes, um-hum. 19 Q And what percent of the homologues in 1242 are 20 comprised of the five- and six-chlorine homologues? 21 A It's about 5 percent. 22 Q So the higher chlorinated, as we've been using that 23 term today - 24 A Yes. 25 Q -- higher chlorinated PCBs would be -- would Vodden, Herbert in APPLETON 70 TOWOLDMONOQ50136 1 comprise about 5 percent of 1242? 2 A That's correct, yes, um-hum. 3 Q Are these the exhibits from earlier? 4 A That's right, yes. 5 Q Sir, let's go back to Exhibit 947. And you were 6 asked some questions about that one this morning. 7 A Right, yes, um-hum. 8 Q And I'll draw your attention to the first 9 paragraph. 10 A Right, yes. 11 Q The second sentence reads, "Clearly it is important 12 that we establish all factual information relevant 13 to the problem and at the same time maintain full 14 control of distribution of all or part of this 15 information." 16 Did I read that correctly? 17 A Yes, um-hum. 18 Q And that was the intent of Monsanto at the time 19 this was drafted in October of 1969; is that 20 correct? 21 A That's right, yes, um-hum. 22 Q And then counsel asked you a question about whether 23 you were coordinating all of the work on 24 degradation of PCBs. And I'll draw your attention 25 then to Paragraph No. 1. Vodden, Herbert in APPLETON 71 TOWOLDMONOQ50137 1 A Right, yes, um-hum. 2 Q And it reads, "Coordination of all the Ruabon work 3 on degradation of PCBs including analytical work." 4 Did I read that correctly? 5 A That's correct, yes, um-hum. 6 Q Was there other degradation work occurring at 7 Monsanto in other locations? A I think there was a small amount of work being done 9 in the States, but I don't -- I'm not aware -- I 10 can't remember exactly what that was. So the main 11 work on this -- in this field was done at the 12 Ruabon works. 13 Q And you were coordinating just the Ruabon work, 14 correct? 15 A That's right, yes, at that time. 16 Q The work that you did regarding degradation, you 17 were asked if you communicated that to NCR and 18 Wiggins Teape. 19 Did you communicate that to any NCR 20 employees in the United States that you recall? 21 A I didn't myself pass this through to the NCR people 22 in the States. I had no dealings with them, in 23 fact. 24 And what we did discuss with NCR Europe 25 was the fact that Aroclor 1242 did contain Vodden, Herbert in APPLETON 72 TOWOLDMONOQ50138 1 components that would not degrade very readily. 2 That was a result of our work, actually. 3 In the United States, one of the companies used by 4 NCR to coat the paper was a company named Appleton 5 Coated Paper Company. 6 A Right. 7 Q Do you recognize that name at all? 8 A Yes, yes. 9 Did you ever have any communication with the 10 Appleton Coated Paper Company about your work on 11 PCB degradation? 12 A No. 13 Q Let's turn back to 948, please, sir. And I'll 14 direct your attention to page 2, where you were 15 asked some questions regarding the top paragraph. 16 And, again, this was a Monsanto technical 17 services department - 18 A That's right, yes. 19 Q -- report? This one, 948? 20 A Yes, um-hum. 21 Q And the top paragraph says, "A line of enquiry to 22 be investigated further was the report that," and 23 it goes on to state what it was. 24 This was a line of enquiry being done by 25 Monsanto, correct? Vodden, Herbert in APPLETON 73 TOWOLDMONOQ50139 1 A Yes, um-hum. 2 Q Do you know whether that line of enquiry was ever 3 communicated -- well, let me back up. 4 This report is dated January 1970, 5 correct? 6 A Yes, um-hum. 7 Q And so this line of enquiry was going to begin 8 sometime after January 1970, correct? 9 A That's right, yes, um-hum. 10 Q And do you know when the results of that enquiry 11 may have been communicated to anyone at NCR? 12 A Again, I can't remember specifically whether this 13 particular result was discussed with them. I think 14 this was a, if you like, a discussion enquiry 15 really as to how much broke and that sort of thing 16 was involved. And this was carried out with 17 Wiggins Teape at subsequent meetings. 18 I don't -- certainly don't recall 19 explaining to NC -- to NCR that this was a problem. 20 Q Okay. Then let's turn to Document 949. And you 21 were asked questions about this one earlier this 22 morning as well. 23 The date on here is 26th of January, 24 1970; is that correct? 25 A Right, yes, um-hum. Vodden, Herbert in APPLETON 74 TOWOLDMON0050140 1 Q And this is a report of a meeting with NCR and 2 Wiggins Teape; is that correct? 3 A Yes, um-hum. 4 Q And you were present on behalf of Monsanto, 5 correct? 6 A That's right, yes, um-hum. 7 Q And you recognize this document? 8 A Yes, um-hum. 9 Q The very first sentence states, "Both NCR and 10 Wiggins Teape are very concerned about the 11 developing PCB residue situation, even though it is 12 the higher chlorinated compounds that are currently 13 being found in nature." 14 Is that sentence consistent with your 15 understanding of events as they were occurring in 16 January 1970? 17 A That's right, yes, um-hum. 18 Q And you were discussing -- you testified earlier 19 this morning that when you communicated the 20 environmental contamination issue to NCR, you 21 believe you did so in 1969. 22 Could it have been at this meeting in 23 January of 1970 when you first discussed - 24 MR. LYTZ: Objection. Asked and 25 answered. Vodden, Herbert in APPLETON 75 TOWOLDMONOQ50141 1 BY MR. HERMES: 2 Q Could it be at this meeting in 1970, sir, where you 3 first discussed environmental contamination issues 4 with NCR? 5 A No, it was certainly before that. I would have - 6 I'm very certain that I first discussed this with 7 Wiggins Teape and NCR late in 1969. 8 Q Sometime between October, when you received - 9 A That's right, yes, um-hum. 10 Q -- this task and January of this meeting? 11 A That's right, yes, um-hum. 12 Q Turn to the top of page 2 then. And this is a 13 continuation of the summary. 14 A Um-hum. 15 Q It reads, "If, in the long run, NCR paper is 16 considered a pollution source, they foresee no 17 effective method for controlling disposal of used 18 paper. For this reason, they must find an 19 alternative to Aroclor which could be introduced if 20 the Aroclor system was deemed undesirable. They 21 intend to complete this contingency plan as quickly 22 as possible." 23 Is this paragraph consistent with your 24 understanding of the events as they occurred in 25 January 1970? Vodden, Herbert in APPLETON 76 TOWOLDMONOQ50142 1 A Right, yes, um-hum. 2 Q And at that time, is it true, sir, that it was not 3 definite that NCR paper was a pollution source? 4 A Well, it was -- it was fairly definite that NCR 5 could be -- potentially your paper could be a 6 pollution source because it was certainly the 7 largest use of Aroclor at that time, including in 8 capacitors and transformers. The amount used in 9 the carbonless paper industry was far greater. 10 Q And so your testimony is that it could have been, 11 but there was no definite research that it was a 12 pollution source at that time; is that true? 13 MR. LYTZ: Objection to form. 14 THE WITNESS: Well, the evidence is there 15 in that 5 percent of Aroclor 1242 contains the 16 homologues which are persistent; and, therefore, if 17 you have a very large output of Aroclor 1242 into 18 the environment, it's going to contain 5 percent of 19 the persistent components. So, therefore, it must 20 be considered as a source of environmental 21 contamination. And that was clear at the time. 22 BY MR. HERMES: 23 Q When you started your research -- well, when you 24 were given the task in October of 1969 - 25 A Right. Vodden, Herbert in APPLETON 77 TOWOLDMONOQ50143 1 Q -- to start this research project, how long did it 2 take for you to -- or your group to come up with 3 the analysis that the higher chlorinated homologues 4 present in 1242 were persistent in the environment? 5 A I can't remember the exact timetable for that, but 6 certainly by the middle of 1970, we had this 7 information available. 8 Q And it wasn't until you had that information 9 available that you would have communicated it to 10 anyone at NCR; is that correct? 11 That's right, um-hum. But we were -- we were 12 concerned about PCBs in general to advise them - 13 we wanted to change the solvent. And, in fact, 14 HB-40 was considered to be an acceptable solvent in 15 use in Europe fairly quite soon after that. 16 Q Was HB-40, to your knowledge, acceptable in the 17 United States application? 18 A No, it wasn't. 19 Q Do you know why? 20 A Partly because the active -- the paper coating for 21 the receiver sheet in the NCR system in the States 22 was a resin, whereas in Europe, it was an activated 23 clay. 24 Now, the activated clay was able to react 25 with the dye stuff fairly readily, whereas in the Vodden, Herbert in APPLETON 78 TOWOLDMONOQ50144 1 resin case, the resin had to be partially dissolved 2 before the reaction could take place. 3 And with HB-40, the solubility factor for 4 the resin in HB-40 was not good enough to give a 5 fairly immediate response. Whereas, in the 6 activated clay, it didn't have this problem. And 7 that's basically the reason why it didn't -- wasn't acceptable in the United States. 9 There were tricks to get around that 10 problem, but it involved using co-solvents, but 11 still, something needed to be developed. 12 Q And it took some time to research that, those 13 applications, correct? 14 A It took some time to get the new solvent available 15 for the American system. 16 Q And by taking some time to get available, do you 17 mean on the part of Monsanto? 18 A That's right, get the production up and running. 19 Q And why was that? 20 A Well, it was a new solvent, as far as this was 21 concerned. Monsanto had to organize a process and 22 develop the plan to do it and that sort of thing. 23 So it was likely to take several months to do that. 24 Whereas, HB-40 was available almost 25 immediately; admittedly, in not enough quantity to Vodden, Herbert in APPLETON 79 TOWOLDMONOQ50145 1 satisfy all the needs, but that was fairly 2 quickly -- the plan was fairly quickly expanded to 3 give -- to supply Wiggins Teape needs anyway. 4 Q Let's turn next to Document No. 950. 5 A Thank you. 6 Q And, again, Exhibit 950 is a report of a meeting 7 with the Ministry of Agriculture, Fisheries and Food on 27th January, 1970. 9 A Right, yes. 10 Q And you attended that meeting on behalf of 11 Monsanto, correct? 12 A That's right, yes, um-hum. 13 Q And you recognize this document as an accurate 14 summary of that meeting? 15 A Yes, um-hum. 16 Q Turn then to page 2, please. I'll draw your 17 attention to Paragraph 2. You were directed by 18 counsel to the second half of the paragraph, but 19 let's start in the first half of Paragraph 2 where 20 it reads, "It is invariably the higher chlorinated 21 compounds, 5 and 6 chlorines, that are found and 22 they therefore assume, incorrectly, that these are 23 the commercial grades most widely used." 24 That was the understanding of the 25 British -- Vodden, Herbert in APPLETON 80 TOWOLDMONOQ50146 1 A The ministry. 2 Q -- ministry at the time, correct? 3 A That's right, yep, um-hum. 4 Q And it was consistent with your understanding that 5 it was the higher chlorinated compounds being found 6 in the environment at the time, correct? 7 That's right, yep, um-hum. 8 Q And let's jump down then to Paragraph 4. 9 The first sentence reads, "They confirmed 10 there was apparently no acute toxicity problem." 11 Did I read that correctly? 12 A That's right, yes, um-hum. 13 Q And is that consistent with your understanding of 14 PCBs at the time? 15 A Yes, um-hum. 16 Q If there was no acute toxicity problem then, what 17 was the problem with PCBs in the environment? 18 A Basically, the fact that they were there and 19 accumulating. They showed a high degree of 20 bioaccumulation, which meant that you're starting 21 with a very low level indeed in, say, the marine 22 environment. You could build up to very 23 significant levels when you got to the higher 24 mammals, like birds and so on. 25 Now, again, although the evidence that Vodden, Herbert in APPLETON 81 TOWOLDMONOQ50147 1 these were harmful was quite low, the supposition 2 was that if we don't know what is likely to happen, 3 then we better play safe and try to withdraw from 4 that field. 5 It was not -- it wasn't driven by 6 toxicity so much as by uncertainty as to what might 7 happen if you allowed this to go unchecked. 8 Q And so is it consistent with your understanding at 9 the time, 1970, that whether PCBs would have a 10 harmful effect on humans or creatures in the 11 environment was uncertain? 12 MR. LYTZ: Objection to form. 13 THE WITNESS: That's right, um-hum. 14 BY MR. HERMES: 15 Q And so the decision on behalf of Monsanto to stop 16 selling PCBs in open-ended applications, including 17 Aroclor 1242, was not driven by toxicity as much as 18 just uncertainty about what would happen in the 19 environment. 20 A It was driven by persistence and bioaccumulation. 21 That was the -- that was the driving force. We 22 never accepted that toxicologically PCBs are a 23 hazard. It's simply the fact that they do 24 accumulate, and if you have a high accumulation, 25 you really don't know what can happen. Vodden, Herbert in APPLETON 82 TOWOLDMONOQ50148 1 One must bear in mind also that the -- by 2 this time, the various health authorities 3 throughout the world were beginning to set limits 4 on acceptable levels of PCBs, which again would 5 cause -- these environmental regulations would 6 cause a withdrawal in any case. 7 Q Let's turn then, sir, to Exhibit 951. You were asked questions about this 9 earlier. First, let's turn to the last page and 10 start there. 11 A This is a diagram on the back? 12 Q That's correct. 13 A Yep, um-hum. 14 Q And I believe you testified this was prepared, to 15 your knowledge, by Wiggins Teape, correct? 16 A That's right, yes, um-hum. 17 Q And did you ever undertake any verification as to 18 whether the information contained in here was 19 correct? 20 A Well, no. We wouldn't have had access to the 21 numbers they had for doing this flow chart. 22 Q Okay. Then let's turn back to what would be 23 page 3. And let me direct your attention to 24 Paragraph 5. 25 Right, um-hum. Vodden, Herbert in APPLETON 83 TOWOLDMONOQ50149 1 Q It states, "Both Wiggins Teape and NCR agreed we 2 should identify the NCR paper application for 3 Aroclor at our next meeting with the Ministry of 4 Agriculture as a constructive and positive step. 5 Parentheses, Orde subsequently re-checked with 6 Dayton to confirm this position, close paren. All 7 agreed cooperation with the Ministry was necessary and any attempt to hide this application would have 9 undesirable effects, even though the lower 10 chlorinated compounds are not presently indicated." 11 Did I read that correctly, sir? 12 A That's right, yep, um-hum. 13 Q And as of February 19, 1970, was this consistent 14 with your understanding of how both Wiggins Teape 15 and NCR were operating at the time? 16 A Yes, um-hum. 17 Q And was it also consistent with your understanding 18 as to whether the lower chlorinated compounds were 19 not indicated, as stated here in Paragraph 5? 20 A That's correct, yes, um-hum. 21 Q Let's skip ahead to Exhibit 954. 22 And, again, 954 is another report of a 23 meeting with the Ministry of Agriculture, Fisheries 24 and Food dated 10 March, 1970, correct? 25 A That's right, yes, um-hum. Vodden, Herbert in APPLETON 84 TOWOLDMONOQ50150 1 Q And you were present at this meeting on behalf of 2 Monsanto? 3 A That's correct, yep, um-hum. 4 Q And let's turn then to what would be page 4, 5 Paragraph No. 7. 6 A All right. 7 Q Paragraph 7 reads, "PCB residues being found still more closely resemble pentachlorodiphenyl than any 9 of the other commercially available grades. 10 However, Bailey observed that these residues may be 11 partially degraded trichlorodiphenyl rather than, 12 for example, a 1254 residue. Alternatively, they 13 may be penta residues arising from the greater use 14 of this grade by the electrical industry some years 15 ago than is the case today." 16 Did I read that correctly? 17 A That's right, yep, um-hum. 18 Q And does this Paragraph 7 accurately summarize the 19 discussion had with the British ministry during the 20 meeting March 10, 1970? 21 That's right, yes. I think the one -- one comment 22 perhaps to make here is that Bailey's use of the 23 term "trichlorodiphenyl," he really was referring 24 to Aroclor 1242 rather than the specific compound 25 that he mentions. Vodden, Herbert in APPLETON 85 TOWOLDMONOQ50151 1 Q And that was what you testified to earlier this 2 morning, correct? 3 A Yes, um-hum. 4 Q And so at this point, is it consistent with your 5 understanding that it wasn't yet determined whether 6 the presence of PCBs in the environment was the 7 result of degraded 1242 or residues arising from the greater use of the electrical PCB grades? 9 A By this time, we were convinced that it was due to 10 a mixture of both, that it was partly the use of 11 capacitors, transformers, but also because of the 12 large amount of Aroclor 1242 in use for other 13 applications, like the paper applications, then the 14 residues from that could be significant. 15 Q What percent of 1254 would contain homologues with 16 five or greater chlorines? 17 A Quite a high percentage. In the order of 80 to 18 90 percent. 19 Q And what about 1260? What percent would contain 5 20 or 6 chlorine homologues? 21 A Well, more than 90 percent of that, yes, um-hum. 22 Q And so is it fair to say that in terms of the 23 degradation analysis you did, those homologues 24 would not break down much at all in the 25 environment? Vodden, Herbert in APPLETON 86 TOWOLDMONOQ50152 1 A That's right. They were very resistant to 2 degradation biologically. 3 Q Does it make a difference whether the homologue is 4 part of a mixture, versus standing alone, as to 5 whether it will biodegrade? 6 It does make a difference in some cases. You can 7 certainly find some compounds which will not degrade very readily if they're on their own, but 9 do seem to degrade very readily when mixed in with 10 other compounds, with lesser or greater chlorine 11 levels. But even when you do that, the homologues 12 containing five or more chlorines are very 13 resistant to degradation. 14 Q Let's skip ahead then to Exhibit 958, please. 15 A Okay. 16 Q And I believe you were asked questions about this 17 earlier, but this was a communication from 18 Mr. Papageorge to you; is that correct? 19 A That's correct, yes, um-hum. 20 Q And this was dated December 15, 1970, correct? 21 A Right. 22 Q And who is Mr. Papageorge? 23 A Well, Mr. Papageorge was responsible for -- in 24 PCBs, particularly the environmental aspects of 25 PCBs in the United States. Vodden, Herbert in APPLETON 87 TOWOLDMONOQ50153 1 Q And he was working for Monsanto at the time. 2 A He was a Monsanto employee, yes. 3 Q And so let's turn your attention to the second 4 paragraph of this document. 5 A Right. Yep. 6 Q It states, "I am concerned that the resulting 7 widespread knowledge that Aroclor 1242 is involved 8 in significant quantities in this paper application 9 will seriously affect our situation with NCR-U.S." 10 A Right. 11 Q This was Mr. Papageorge's concern, correct? 12 A That's exactly right, yes. 13 Q And he was communicating that -- his concern to 14 you; is that correct? 15 A Yes, um-hum. 16 Q And then he was the one asking you to impose on 17 Bailey and Bunyan to delay publication, correct? 18 A That's the one, yes, um-hum. 19 Q Let's turn your attention then to the last 20 paragraph of this document. 21 A Yes, um-hum. 22 Q It states, "As you know, NCR-U.S. is seriously 23 considering monoisopropyl biphenyl as an 24 alternative to Aroclor 1242. Some technological 25 difficulties have caused delays, but it appears now Vodden, Herbert in APPLETON 88 TOWOLDMONOQ50154 1 that we can proceed more rapidly and should have 2 MIPB fully replacing Aroclor 1242 by the first 3 quarter 1971. " 4 Did I read that correctly? 5 A That's right, yes, um-hum. 6 Q And is it consistent with your understanding that 7 his discussion here refers to the problems that were surfacing with HB-40, as opposed to MIPB, in 9 the United States? 10 A That's right. The delay in the States was largely 11 due to the fact that HB-40 was not an acceptable 12 solvent on the system used by NCR in America. 13 But the -- so, you know, the development 14 of the MIPB process and so on obviously took time. 15 That's why it brought up to the first quarter of 16 '71 before that was ready for use. 17 But it was in Europe. We had HB-40 18 scaled up very much earlier than that. 19 Q Did -- did Monsanto have a business interest in not 20 having competitors of Monsanto learn of the use of 21 Aroclor 1242 in NCR paper applications? 22 Well, only to the extent that the other 23 manufacturers, if we withdrew from the market, then 24 they would come in. And, in point of fact, I'm 25 sure they did know about the application long Vodden, Herbert in APPLETON 89 TOWOLDMONOQ50155 1 before this. But we were anxious that they would 2 not start supplying the industry when we withdrew. 3 But I'm not sure that we were 4 particularly worried about our competitors finding 5 out. We were more concerned with the fact that 6 they might start supplying when we withdrew. 7 Q And you mean supplying PCBs. 8 A That's right, yeah, um-hum. 9 Q And so - 10 A Because HB-40 would not have been a competitive 11 product had PCBs still been allowed in the process. 12 Q And there were other manufacturers of PCBs besides 13 Monsanto at the time, correct? 14 A That's right. Bayer in German and Rhone-Poulenc in 15 France. In Japan there were manufacturers. I 16 don't think there are any others in the United 17 States other than Monsanto but - 18 Q Okay. 19 (Exhibit 960 marked for identification.) 20 MR. CARNEY: Do you have an extra copy? 21 MR. HERMES: Can you share with him? I'm 22 sorry. I don't have -- I didn't bring three; I 23 only brought two. 24 Q And, sir, I've just handed you what the court 25 reporter has marked as Exhibit 960. It's a Vodden, Herbert in APPLETON 90 TOWOLDMONOQ50156 1 document with the multiple pages Bates range 2 GPFOXO 0037 4 6 6 -- 3 A Right. 4 Q -- through -37475. I'll ask you to take a look at 5 this document and let me know if you recognize it. 6 A This is -- yes, I know the document, yes, um-hum. 7 Q If you turn to the very last page, it appears to be prepared by Mr. Hardy - 9 A That's right, yes. 10 Q -- and the date, if I'm reading that correctly, 11 would be May 6th, 1969? 12 A That's right, yes, um-hum. 13 Q And on the front page, you are listed as being a 14 recipient of this. 15 A Yes, um-hum. 16 Q Let's turn then to what is page 4, and there's a 17 summary. And if you could read to yourself 18 Paragraph 1 there under the summary. 19 A Right, um-hum. 20 Q And it refers to traces of PCBs being found in 21 wildlife, fish, and certain items in human diet, 22 correct? 23 A Yes. That's it, yep, um-hum. 24 Q Paragraph 2 states, "There is little evidence to 25 show how serious this minor contamination will Vodden, Herbert in APPLETON 91 TOWOLDMONOQ50157 1 prove to be, but what evidence there is is 2 reassuring." 3 Did I read that correctly? 4 A Yes, I think that's correct, yep, um-hum. 5 Q And is that consistent with your understanding of 6 Monsanto's view as of at least May 1969? 7 A Well, this was the view prior to our -- doing our own analytical work on the problem. We then did 9 quite a lot of analytical work to confirm -- this 10 was a follow-up from Jensen's paper in 1966, 11 basically. And we then more or less confirmed that 12 these results were basically correct. 13 And at that point, probably around about 14 this time, we began to think that this was a 15 significant problem for environmental 16 contamination. 17 Q Other than Jensen's work and some follow-up, are 18 you aware of any other reports that have been - 19 that were communicated to NCR or any of Monsanto's 20 customers regarding this problem? 21 A Certainly not prior to this, no. 22 Q And as far as the biodegradation research that you 23 did, are you aware of any published reports 24 regarding biodegradation of PCBs before the work 25 that you conducted? Vodden, Herbert in APPLETON 92 TOWOLDMONOQ50158 1 A No, uh-uh. 2 Q Did you ever publish the results of your work, sir? 3 A Yes. Yes, we did that. 4 Q Do you recall the title at all of the work as it 5 was published? 6 A Yes, I'm sorry, I meant to dig out this 7 publication, but I haven't found it in the -- my own files. No, I'm sorry, I can't recall that. 9 That's okay. I did some research, and I found a 10 publication titled "The Degradation of PCBs by 11 Micro-Organisms" published in - 12 A That would be it, yes. 13 Q Science of the Total Environment? 14 A That's it, yes. 15 Q And did you do the work with others, Baxter - 16 A Baxter, Lidgett, Mainprize, and one other, I think. 17 Q Is there a Guybert? 18 A Gilbert, G-I-L -- 19 Q Gilbert? 20 A Gilbert, that's right, Gilbert. 21 Q The date I found was 1975. Does that seem about 22 right? 23 A That's when it was published, I think, by the time 24 we got around to that. 25 Q And as far as you understand, was that the first Vodden, Herbert in APPLETON 93 TOWOLDMONOQ50159 1 work published regarding biodegradation of PCBs? 2 A There may have been some -- some other studies, but 3 I think that was the first more significant paper. 4 But, of course, internally we had the 5 results of that study much earlier than that. And 6 the preliminary results were coming through in the 7 early 1970s, which led us to our conclusion that the lower homologues would degrade readily, whereas 9 the higher ones didn't. 10 Okay. Then let's turn back to what was marked as 11 960. And go down to Paragraph 4 of that page that 12 we were on. 13 A Sorry. 14 Q I'm sorry. Yep, page 4. 15 "A considerable Monsanto effort will be 16 necessary to obtain the necessary analytical and 17 toxicological information for dealing with this 18 threat to our commercial operations." 19 Did I read that correctly? 20 A I'm not sure. I guess, um-hum. 21 Q And that accurately reflects Monsanto's position at 22 the time this was written in May of 1969? 23 A Yes, um-hum. 24 Q And that considerable effort that was undertaken, 25 that's partly your work, correct? Vodden, Herbert in APPLETON 94 TOWOLDMON0050160 1 A That's right, yes, because I was given the job of 2 coordinating this activity. 3 MR. HERMES: Now would be time to change? 4 THE VIDEOGRAPHER: Yep. 5 MR. HERMES: Okay. 6 THE VIDEOGRAPHER: I'm just going to -- 7 We're going off the record at one minute 8 past twelve. 9 (A recess was taken.) 10 (Exhibit 961 marked for identification.) 11 THE VIDEOGRAPHER: We're back on the 12 record at four minutes past twelve. 13 BY MR. HERMES: 14 Q All right, sir. The court reporter -- or excuse 15 me. I've just handed you what's been marked by the 16 court reporter as Exhibit 961. 17 A Right, um-hum. Yes, um-hum. 18 Q This appears to be a telegram-type message dated 19 December 2, 1969; is that correct? 20 A Yes, um-hum. 21 Q Do you recall receiving documents of this nature in 22 your capacity at the Ruabon facility? 23 A Yes, I remember a thing -- this type of message 24 arriving. Whether this specific one comes to mind, 25 I'm not too sure. But generally I remember the Vodden, Herbert in APPLETON 95 TOWOLDMONOQ50161 1 type of thing that's coming, yes. 2 Q And I see on the cc listed here, your name is 3 listed as a - 4 A That's right. 5 Q -- as a copy. 6 A Yes. Yes, I would have received a copy. 7 Q Do you recall receiving this specific communique? 8 A Yes. And one thing that this highlights is the 9 fact that the sale of Aroclors to the -- to NCR and 10 Wiggins Teape was part of the plasticizer division 11 and not the division that I was employed in. That 12 was a slight complication in the commercial 13 division. But it didn't affect the fact that we by 14 then had constant consultation with Wiggins Teape 15 and NCR. 16 Q And when you say the plasticizer division, you mean 17 the plasticizer division of Monsanto? 18 A That's right, yeah, um-hum. 19 Q And this particular communique is from a D.A. Olson 20 in St. Louis? 21 A I think he was the director of the plasticizer 22 division. 23 Q And it was to D.S. Cameron in Brussels? 24 A That's right. He was the marketing manager for - 25 for the Aroclors. Vodden, Herbert in APPLETON 96 TOWOLDMONOQ50162 1 Q And Mr. Cameron is the individual who accompanied 2 you, at least on one of the trips - 3 A He went on quite a number of visits with me, yes. 4 Q Visits to the Ministry of Agriculture? 5 A That's right, as well as -- yeah, um-hum. 6 Q Let's take a look at the first paragraph of this 7 communique. The second sentence says -- well, let's start with the first sentence. "If possible, 9 suggest you limit application disclosures to 10 Ministry of Agriculture to those listed in previous 11 releases." 12 This was coming from St. Louis, correct? 13 A That's right, yes, um-hum. 14 Q "Another approach would be to discuss only 15 applications for 1254 and 1260, since these are the 16 products being found." 17 Did I read that correctly? 18 A Well, that's what he was suggesting, yes. 19 Certainly he was suggesting that we only mention 20 the Aroclors in capacitors and transformers because 21 these would have been the Aroclor 1254 and so on. 22 Q And this was coming from Mr. Olson in St. Louis. 23 A That's right, um-hum. 24 Q And then the next paragraph down says, 25 "Plasticizers do not want you to disclose NCR Vodden, Herbert in APPLETON 97 TOWOLDMONOQ50163 1 application without prior discussion here with 2 NCR. " 3 A That's right. 4 Q Did I read that correctly? 5 A Yes, um-hum. 6 Q And this again is coming from Mr. Olson in 7 St. Louis. 8 A Yes, um-hum. 9 (Exhibit 962 marked for identification.) 10 MR. HERMES: My apologies. I only have 11 one extra copy of this particular document, which 12 we're going to mark as an exhibit, actually. 13 MR. LYTZ: Mike, what is the description 14 of it? Maybe we have it. 15 MR. HERMES: It is a Monsanto customer 16 letter, February 1970, NCR-FOX-51787 (sic) and 17 5178 -- I'm sorry, 517878. 18 BY MR. HERMES: 19 Q And, sir, I've just handed you what the court 20 reporter has just marked Exhibit 962. 21 Again, for the record, it has been 22 produced in this litigation. It is Bates labeled 23 NCR-FOX-517877 and 517878. And, again, my 24 apologies to counsel. I don't -- I only had one 25 copy of this this morning. Vodden, Herbert in APPLETON 98 TOWOLDMONOQ50164 1 Have you seen such a customer letter 2 before, sir? 3 A No, I must admit I have not seen this one. No, 4 this, again, was from the plasticizer division. 5 Q And all I want to do is just draw your attention to 6 the first page. 7 A Right. 8 Q Fourth paragraphdown, rightabove the numbers, it 9 states, "We would like to point out the following 10 additional facts." 11 And then Paragraph No. 2, "PCBs with a 12 chlorine content of less than 54 percent have not 13 been found in the environment and appear to present 14 no potential problem to the environment." 15 Did I read that correctly? 16 A Well, that's what they were saying at the time, 17 yes, um-hum. 18 Q Okay. 19 (Exhibit 963 marked foridentification.) 20 BY MR. HERMES: 21 Q Sir, if I can hand you now what's been marked as 22 963. And do you recognize this document as a 23 Monsanto Chemicals Limited - 24 A Right, yes. 25 Q -- Research and Development Report? Vodden, Herbert in APPLETON 99 TOWOLDMONOQ50165 1 A Yes, um-hum. 2 Q Multipage document GPFOX00054039 through -54064. I 3 see you listed here as being on the distribution 4 list - 5 A That's correct, yeah. 6 Q -- is that correct? 7 A That's right, yes. 8 Q Is this the type of document you would have 9 received in your capacity at the Ruabon facility? 10 A Yes, this was part of our biodegradation study. 11 Q Do you recognize this particular document? 12 A Yes, um-hum. 13 Q The date on the top is February 1970; is that 14 correct? 15 A Yes, um-hum. 16 Q I want to just direct your attention to the 17 introduction on page 2 to start. 18 A All right. 19 Q The last sentence of the first paragraph states, 20 "The failure to detect these lower isomers, of 21 which Aroclor 1242 is largely composed, suggests 22 that degradation may be occurring in nature either 23 by microbial action in the marine environment or by 24 metabolism within the animal." 25 Did I read that correctly? Vodden, Herbert in APPLETON 100 TOWOLDMONOQ50166 1 A That's correct, yes, um-hum. 2 Q And at least as of February 1970, is this statement 3 consistent with Monsanto's understanding at the 4 time? 5 A Right, um-hum. 6 Q Then turn to page -- I don't know what page of the 7 report it is, but on the bottom it will say GPFOX00054047. 9 A Right, um-hum. 10 Q About middle of the -- middle of the page, it 11 states, "Conclusions which can be drawn from these 12 results are." 13 Do you see that? 14 A Yes, um-hum. 15 Q And then I want to direct your attention to 16 Paragraph A there. It says, "PCBs represented by 17 Peakl in the" - 18 A Peak 1 it is. Peak 1 in the - 19 Q Oh, Peak 1. Okay. Thank you. 20 -- "in the 1242 chromatogram, see 21 Figure 10, is rapidly degraded almost certainly by 22 a biological process." 23 A Right, um-hum. 24 Q Did I read that correctly? 25 A Yes. Vodden, Herbert in APPLETON 101 TOWOLDMONOQ50167 1 Q And is that consistent with your understanding as 2 of February 1970? 3 A Yes, um-hum. 4 (Exhibit 964 marked for identification.) 5 BY MR. HERMES: 6 Q And, sir, I'll hand you what's been marked as 7 Exhibit 964. 8 A Thank you. 9 Q For the record, it's GPFOX00034528 through -34530. 10 Do you recognize this document at all? 11 A Yes, um-hum. 12 Q It states at the top, and at least on the last 13 page, it appears to be drafted by Mr. Papageorge; 14 is that correct? 15 A That's right, yes, um-hum. 16 Q Your name appears as one of the recipients of this 17 document - 18 A Correct. 19 Q -- is that correct? 20 A Yes, um-hum. 21 Q And do you believe you would have received a copy 22 of this document on or about July 17, 1970? 23 A Yes, um-hum. 24 Q I want to draw your attention then to Paragraph 3 25 on the first page. Vodden, Herbert in APPLETON 102 TOWOLDMONOQ50168 1 A Right. 2 Q It's titled "Environment Samples," and it states, 3 "Investigators in both Europe and USA find isomers 4 in wildlife that resemble those in Aroclor 1254. 5 Predominant homologues present in Aroclor 1242 are 6 usually not found except" those close -- "except 7 close to industrial plants. Since large quantities 8 of Aroclor 1242 are produced and released to the 9 environment, degradation must be occurring." 10 Did I read that, although chopped up, 11 correctly eventually? 12 A That's correct, yes, um-hum. 13 Q Okay. And is that consistent with the 14 understanding you had on or about July 17, 1970? 15 A Yes, um-hum. Right, um-hum. 16 (There was discussion off the record.) 17 (Exhibit 965 marked for identification.) 18 BY MR. HERMES: 19 Q Sir, I'll hand you what's just been marked as 20 Exhibit 965. 21 A Right, um-hum. 22 Q Do you recognize this document? 23 A Yes, um-hum. 24 Q It appears to be drafted by you; is that correct? 25 A Yes, um-hum. Vodden, Herbert in APPLETON 103 TOWOLDMONOQ50169 1 Q And the date at the top is 1st of March, 1971; is 2 that correct? 3 A Right, um-hum. 4 Q What does this relate to? 5 A Well, this is my monthly report. We just issue a 6 short report every month to cover major 7 investigations. 8 Q And to whom did this report go? 9 A Well, this was sent to Dr. Baxter, who was my boss 10 at the time, and to Mr. Papageorge in the States. 11 Q And I want to draw your attention then down under 12 the "Biodegradation" heading. 13 A Right, um-hum. 14 Q Second paragraph - 15 A Right. 16 Q -- states, "Using a 500-foot capillary column, we 17 have shown separation of practically all isomers in 18 Aroclor 1242 and MCS 1016, and we believe that 19 fairly accurate quantification of degradation 20 residues may now be possible." 21 Did I read that correctly? 22 A Yes, um-hum. 23 Q And that was occurring on or about the 1st of 24 March, 1971, correct? 25 A That's right. This was -- this followed up with Vodden, Herbert in APPLETON 104 TOWOLDMONOQ50170 1 the dimension of MCS 1016. 1016 was a modified 2 Aroclor 1242, which was developed primarily for the 3 capacitor industry, and that contained much less of 4 the homologues than Aroclor 1242. We just used a 5 separation process to do that. 6 In Europe we made a similar product, 7 which was called Aroclor 1241 for some reason. It was -- maybe it did contain 41 percent chlorine, 9 but it was a similar structure to the other one. 10 Q And then -- I'm sorry. 11 I want to draw your attention to the last 12 paragraph as well. It states, "It has been 13 confirmed that significant degradation of 14 4.4'dichlorobiphenyl has occurred with the biphenyl 15 active culture, C3." 16 Is that correct? 17 A That's right, yes. Because this was one of the 18 compounds I mentioned that you can't degrade on its 19 own, but we were able to degrade it using this 20 special culture, and it also degraded much more 21 readily in mixtures. 22 Q And this work was occurring for the first time 23 around March of 1971, correct? 24 A That's right, yep. 25 (Exhibit 966 marked for identification.) Vodden, Herbert in APPLETON 105 TOWOLDMONOQ50171 1 BY MR. HERMES: 2 Q Sir, let me hand you what's been marked as 3 Exhibit 966. It appears to be a Monsanto 4 memorandum drafted by Dr. Baxter; is that correct? 5 A That's right, yes, um-hum. 6 Q I see you as a copy recipient. 7 A Yes. That's right, yes. 8 Q Take a look at this memorandum for a second, and 9 let me know if you recognize that. 10 A Yes, um-hum. 11 Q This was to Mr. Richard in St. Louis? 12 A That's right. He was research manager at 13 St. Louis. 14 Q And the date here, 2nd November, 1971, correct? 15 A Yes, um-hum. 16 Q And I want to draw your attention to the very first 17 line. "The following are the major objectives of 18 H.A. Vodden's visit." Is that you? 19 A That's right, yes. 20 Q Were you planning a visit to St. Louis? 21 A Yes. 22 Q When did you go? Do you recall? 23 A I know I was there just before Christmas. I 24 remember getting back home almost on Christmas Eve. 25 Must have been late December, I think. Vodden, Herbert in APPLETON 106 TOWOLDMONOQ50172 1 Q And that would have been 1971. 2 A '71, yes. 3 Q Okay. One of the objectives, No. 1, was to "Write 4 total document on PCB biodegradability and 5 toxicity. Agree what parts should be published, 6 where and when." 7 A That's right. 8 Q Was anything -- any documents written or anything 9 published prior to that time by Monsanto? 10 A I don't think we published anything prior to that, 11 not in the scientific literature. This was -- I 12 know this was published as an internal report 13 fairly soon after I went and made my visit. In 14 1972 it would have been published internally. 15 But it was really a -- you know, it was 16 sort of a document which tried to pull together all 17 the information that we had at that time. 18 And then No. 2 here on 966 says, "Agree future 19 program on PCB biodegradability including Pond 20 experiment"; is that correct? 21 A That's right, yes. The Pond experiment was an 22 experiment using carp to see to what extent PCBs 23 did accumulate in fish. 24 And that had not been done by Monsanto prior to 25 your trip to the United States for this purpose? Vodden, Herbert in APPLETON 107 TOWOLDMONOQ50173 1 A We'd done a limited amount of work on it, but this 2 was -- we discussed when I visited what extra work 3 we should do to expand that. There were quite a 4 lot of technical difficulties in running the 5 experiment at the moment, catching the fish being 6 one of them. 7 MR. HERMES: Just a couple more. 8 (Exhibit 967 marked for identification.) 9 BY MR. HERMES: 10 Q Sir, I'll hand you what's been marked as 967. 11 Tom, I'm sorry, I don't have an extra 12 copy of this one. 13 Ask you to take a look at this document 14 and let me know if you recognize it. 15 A Yes, um-hum. 16 Q The title says, "PCBs - The Environmental Problem," 17 I believe. Is that correct? 18 A I think that's Richard, yes, um-hum. 19 Q And it says by R.A. Lidgett and H.A. Vodden. Is 20 that you? 21 A That's correct, yes, um-hum. 22 Q Do you believe this may have been the internal 23 memorandum to which you were referring in the -- or 24 to which was referred to in the previous exhibit as 25 being published within Monsanto in -- Vodden, Herbert in APPLETON 108 TOWOLDMONOQ50174 1 A That's right, yes. 2 Q -- 1972? 3 A Yes, um-hum. 4 Q And let me just draw your attention to the first - 5 first page, last paragraph. 6 It states, "Not all PCBs are found in 7 wildlife. The chromatograms usually reported suggest that homologues containing 5 or 6 chlorine 9 atoms are the most common. It is often claimed 10 that the closest match for the chromatograms of 11 wildlife extracts is that obtained from commercial 12 products corresponding to 50 to 54 percent 13 chlorine." 14 Did I read that correct? 15 A That's correct, yes. 16 Q And that was true at the time you authored this 17 document? 18 A Yes, um-hum. 19 Q Let me draw your attention then to page 2, the 20 bottom paragraph. 21 A Page 2. 22 Q Yes. The last two sentences of that paragraph 23 state, "Thus, although claims to have detected, in 24 wildlife, significant quantities of commercial 25 products containing 42 percent chlorine are rare, Vodden, Herbert in APPLETON 109 TOWOLDMONOQ50175 1 it is not prudent to assume that these products are 2 completely acceptable. 3 On the other hand, polychlorinated 4 biphenyls containing 5 or 6 chlorine atoms, such as 5 are present in transformer askarels, have 6 definitely been indicated (sic)as environmental 7 pollutants." 8 Did I read that correctly? 9 A That's correct, yes, um-hum. 10 Q And is that consistent with your understanding of 11 information available to you at the time? 12 A Yes, um-hum. 13 Yes, this is a reiteration of, you know, 14 the fact that Aroclor 1242, although it's not found 15 as such, does contain these homologues; and, 16 therefore, it would not be prudent to assume that 17 without a fact. 18 (Exhibit 968 marked for identification.) 19 MR. HERMES: I only have one extra copy 20 of 968. It's -- for the record -- I'm sorry. 968 21 is PHGNCR-2001738. 22 Q And, sir, I've just handed you what's been marked 23 as 968. Ask you to take a look at this particular 24 memorandum and advise if you've -- if you authored 25 this document. 110 Vodden, Herbert in APPLETON TOWOLDMONOQ50176 1 A That's right, yes, um-hum. 2 Q And is that your signature at the bottom? 3 A Yes, um-hum. 4 Q The date on here is October 6, 1971; is that 5 correct? 6 A Right, yes. 7 Q Do you recall this particular document regarding the Pond experiment? 9 A Yes, um-hum. 10 Q And is that the Pond experiment to which we were 11 referring a couple documents ago? 12 A It is, yes, um-hum. 13 Q Let me draw your attention to the last sentence of 14 the second paragraph. It states, "Work done since 15 this report, using equipment with more efficient 16 agitation than in the earlier shake-flask 17 apparatus, has indicated that the significant 18 isomers in Aroclor 1242 also degrade completely." 19 Did I read that correctly? 20 A Yes, um-hum. 21 Q And then let's skip down to the last sentence of - 22 or last two sentences of this particular 23 memorandum. 24 It states, "The Pond experiment, which 25 essentially takes into account the rates of Vodden, Herbert in APPLETON Ill TOWOLDMONOQ50177 1 degradation at many stages, will we hope 2 substantiate this belief. It may even show that 3 residues from Aroclor 1242 do not accumulate 4 significantly." 5 Did I read that correctly? 6 A That's right. That was the purpose of the Pond 7 experiment, to see if Aroclor 1242 would accumulate 8 in fish or and part of it accumulate in fish. 9 We -- the results of that study did 10 indicate that there was accumulation of the higher 11 homologues. 12 Q But at least as of October 6, 1971, Monsanto did 13 not have - 14 A We didn't have proof that this -- at that point. 15 MR. SCHAFER: If you give us just a 16 minute. 17 MR. LYTZ: Sure. 18 (There was discussion off the record.) 19 THE VIDEOGRAPHER: Going off the record 20 at 12:28. 21 (A recess was taken.) 22 THE VIDEOGRAPHER: Back on the record at 23 12:32. 24 BY MR. HERMES: 25 Q Sir, just one last set of questions here. There Vodden, Herbert in APPLETON 112 TOWOLDMONOQ50178 1 has been some comparisons made in our case between 2 PCBs and DDT. Are you familiar with DDT? 3 A Only through -- I'm not familiar with it in 4 chemical terms, no. I mean, I know of the uses of 5 insecticide and that sort of thing. 6 Q Are you aware of the degree of toxicity difference 7 between PCBs and DDT? 8 A Well, DDT is much more toxic than PCBs. What the 9 exact numbers are I couldn't say, but the -- but 10 PCBs, particularly Aroclor 1242, is relatively low 11 in toxicity, something about the order of castor 12 oil, something of that sort. So -- but DDT is much 13 more toxic. Again, I don't have a number for you. 14 MR. HERMES: Okay. Thank you. That's 15 all I have. 16 (There was discussion off the record.) 17 THE VIDEOGRAPHER: Going off the record 18 at 12:33. 19 (Exhibits 969 and 970 were marked for 20 identification.) 21 THE VIDEOGRAPHER: We're back on the 22 record at 25 to one. 23 EXAMINATION 24 BY MR. LYTZ: 25 Q Dr. Vodden, you first began working on PCBs in Vodden, Herbert in APPLETON 113 TOWOLDMONOQ50179 1 1969, correct? 2 A No. I started working on them earlier than that, 3 but only in the electrical applications. 4 Q You were not -- it was -- your responsibilities 5 changed substantially in October of 1969. 6 A That's correct, yes. 7 Q And whereas after 1969, October of 1969, you were in hands-on control of the discussions that were 9 occurring within the company, that was not true 10 before that time, was it? 11 A Not before that time, no. 12 Q I'm handing to you what's been marked as 13 Exhibit 969. This is a two-page document, a 14 February 10th, 1967, correspondence from R. Emmet 15 Kelly to Mr. D. Wood in London - 16 A Right. 17 Q -- with a Bates range GPFOX00054149 through 54150. 18 A Right. 19 Q Have you seen this document before? 20 A I don't remember seeing it, but I may have done. I 21 wasn't copied in on this, by the look of it. But I 22 probably knew about the -- well, I certainly knew 23 about the problems that Jensen's paper had 24 highlighted, but I didn't -- I didn't have much 25 involvement with it at that time. Vodden, Herbert in APPLETON 114 TOWOLDMONOQ50180 1 Q You were unaware then that a series of other 2 investigations into PCBs began in early -- began - 3 were begun by Monsanto in early 1967 in response to 4 the Jensen report; is that correct? 5 A Yes, I certainly wasn't aware of it at the time. 6 Q I'm handing to you what's been marked as 7 Exhibit 970 to your deposition. This is a copy of 8 a letter written by R. Emmet Kelly to - 9 A Kelly. Yes, he's the medical -- 10 Q Yes. Do you see it was written to Dr. M.J. 11 Thomas - 12 A That's right. 13 Q -- at NCR, and it's dated February 27th. It has 14 multiple -- a multiple document with the Bates 15 range NCR-FOX-517847 through 517873. 16 Have you seen this document before? 17 A I don't think so, no. 18 Q You were unaware of the fact that NCR had reguested 19 a copy of the Jensen report? 20 MR. SCHAFER: Objection to form and 21 foundation. 22 THE WITNESS: I was certainly unaware at 23 that time, yes, um-hum. 24 BY MR. LYTZ: 25 Q You were unaware of the fact that Mr. Kelly -- Vodden, Herbert in APPLETON 115 TOWOLDMONOQ50181 1 Dr. Kelly had sent a copy of the Jensen report to 2 Mr. Thomas in February of 1967; is that correct? 3 A That's correct, yeah. 4 Q In short, there were things going on in response to 5 the Jensen report in the early -- in early '67 that 6 you were unaware of - 7 A That's right. 8 Q -- isn't that true? 9 A Yes, um-hum. 10 MR. LYTZ: I have no further questions. 11 12 BY MR. HERMES: EXAMINATION 13 Q Sir, I just have one question about the first 14 document that counsel showed you, 969. 15 We've already established Mr. Kelly as 16 the medical director. He's for Monsanto, correct? 17 A That's right, yeah, um-hum. 18 Q And then this particular memorandum, 969, to Mr. D. 19 Wood in London, was he also a Monsanto employee; do 20 you know? 21 A Yes. This is Dr. Kelly sending the memo to 22 Mr. Wood. Mr. Wood was a research specialist in 23 St. Louis. 24 Q Oh, okay. So this document, 969, appears to be an 25 internal Monsanto document. Vodden, Herbert in APPLETON 116 TOWOLDMONOQ50182 1 A That's right, yeah, um-hum. 2 MR. HERMES: That's all I have. 3 MR. LYTZ: And, Dr. Vodden, we 4 collectively thank you for your presence here today 5 in appearing to talk to us. We promise not to 6 impose on you anymore, and we hope that you have a 7 great lunch with your family. 8 MR. HERMES: Yes. Thank you very much. 9 THE VIDEOGRAPHER: This is the end of 10 Tape 2, Volume 1 of the deposition of Herbert 11 Vodden. 12 We're going off the record at 12:39. 13 (Concluded at 12:39 p.m.) 14 (Original exhibits were attached to 15 original transcript; copies to transcript copies.) 16 17 18 19 20 21 22 23 24 25 Vodden, Herbert in APPLETON 117 TOWOLDMONOQ50183 1 STATE OF WISCONSIN ) ) SS 2 MILWAUKEE COUNTY ) 3 I, JULIE A. POENITSCH, RPR/RDR, Certified 4 Realtime Reporter, and Notary Public in and for the 5 State of Wisconsin, do hereby certify that the preceding 6 deposition was recorded by me and reduced to writing 7 under my personal direction. 8 I further certify that said deposition 9 was taken before me at the Chester Grosvenor Hotel, 10 Eastgate CHI 1LT, Chester, England, on the 25th day of 11 August, 2009, commencing at 9:43 a.m. and concluding at 12 12:39 p.m. 13 I further certify that I am not a 14 relative or employee or attorney or counsel of any of 15 the parties, or a relative or employee of such attorney 16 or counsel, or financially interested directly or 17 indirectly in this action. 18 In witness whereof, I have hereunto set 19 my hand and affixed my seal of office at Chester, 20 England, on this 25th day of August, 2009. 21 22 JULIE A. POENITSCH - Notary Public 23 In and for the State of Wisconsin 24 My commission expires February 13, 2011. 25 Vodden, Herbert in APPLETON 118 TOWOLDMONOQ50184 [& - 28th] Transcript Word Index & 113 150 1st 4:5 6:5 104:1,23_________________ & 3:2,12 4:22 47:13_________ 114 15th 2 6:4 64:19 0 115 020 6:5 4:23 116 050 4:6 4:13 18:7 12 064 16:8 5:20 12/15/70 08 5:12 1:7,13 7:11 12/2/69 0895 5:16 1:13_____________________ 12:28 1 112:20 16 1:7 7:11 16th 5:6 55:17 17 4:12 102:22 103:14 17th 5:9 61:2 1882 37:16 1883 35:23 2 1:25 42:13 50:15 73:14 76:12 80:16,17,19 91:24 95:19 99:11 100:17 107:18 109:19,21 117:10 2/10/67 6:4 2/27/67 6:5 20 32:21 38:14 200 14:21 1 12:32 19 2000 7:3,3 20:10 50:7,7,15 71:25 112:23 84:13 3:3 91:18 101:18,18,19 107:3 12:33 190 2001014 117:10 1/13/70 113:18 12:39 3:17 1947 5:1364:18 2001738 4:13 2:12 117:12,13 118:12 11:19,24,24 6:3 110:21 10 1241 1966 2001875 84:24 85:20 101:21 105:7 19:20 92:10 4:20 43:20 10,000 32:22 1242 1967 13:18,23 14:15,16 15:1,13 114:14 115:3 116:2 2001878 43:20 45:6 10/30/69 15:17,24 16:9 21:7,8 22:15 1969 2001879 4:12 22:24 23:4 26:24 27:2,9,16 12:18,20 13:1,5 26:9,19 43:21 10/6/71 27:22 28:3 33:22 37:12 27:20 28:2 42:21 71:19 2001880 6:3 10:40 40:2,8 42:21 43:9 46:8 54:15,16,22,22 55:3 56:11 75:21 76:7 77:24 91:11 92:6 94:22 95:19 114:1,5,7 4:16 35:22 2001977 50:9,10,11 57:5 59:5 61:15 62:11 114:7 5:17 10:55 65:15 67:13,24 68:9,19 1970 2003433 50:17 69:3 70:3,15,19 71:1 72:25 4:16,19,20,25 5:4,6,10,11 5:22 1016 104:18 105:1,1 77:15,17 78:4 82:17 85:24 86:7,12 88:7,24 89:2,21 5:18,20 29:25 31:17,23 33:8 35:20 39:24 40:17 2003454 5:23 102 100:21 101:20 103:5,8 43:1847:11 51:1,11,13 2005015 5:20 104:18 105:2,4 110:14 53:4 55:17 56:1 61:2 63:9 4:22 47:20 104 111:18 112:3,7 113:10 64:5,19 66:4,14 74:4,8,24 2009 5:21 106 1254 13:23 15:17,25 22:18,22 75:16,23 76:2,25 78:6 80:8 82:9 84:13,24 85:20 87:20 1:192:11 118:11,20 2011 5:23 70:3,15,17 85:12 86:15 98:16 100:13 101:2 102:2 118:24 108 97:15,21 103:4 102:22 103:14 21800 5:24 1260 1970s 3:13 10th 5:4 53:4 114:14 13:23 15:14,18 16:3 70:4 94:7 86:19 97:15 1971 25 1:19 113:22 11 13 89:3 104:1,24 105:23 25th 66:4 118:24 106:14 107:1 111:4 112:12 2:107:12 118:10,20 11/2/71 133 1972 26th 5:23 11:24 3:8 13th 107:14 109:2 1975 4:16 35:19 37:3 74:23 272-7878 69:16 29:25 93:21 1:25 2:25 11:26 142 19th 27th 69:19 5:25 4:20 43:18 4:1840:1780:8 115:13 111 15 lit 28th 6:3 87:20 1:22 2:10 118:10 5:11 63:9 Vodden, Herbert in APPLETON TOWOLDMONOQ50185 [29 - 954] 29 44 4:13 9:8 2nd 455 4:2451:1,9,11,14 106:14 5:23 3 3 2:25 37:17,20,25 57:16 58:9 83:23 102:24 3/1/71 5:21 30303 47 4:21 475 5:16 4th 66:14 5 3:8 5 30968 51:23 70:21 71:1 77:15,18 51:3 80:21 83:24 84:19 86:19 31836 109:8 110:4 55:18 5/11/70 31838 5:13 63:10 50 333 4:23 109:12 2:17 500 34523 104:16 61:3 5020 34527 47:20 54:5 505 34529 3:3 53:5 5178 34530 98:17 102:9 517847 34543 6:6 115:15 40:19 51787 35 98:16 4:15 517873 3-5 115:15 12:17 517877 37475 5:18 98:23 91:4 517878 3rd 98:17,23 47:11 523 4 5:10 4 37:20 54:5 59:18 81:8 85:4 529 5:5 91:1694:11,14 4.4'dichlorobiphenyl 105:14 53 5:3 530 40 4:17 39:22 65:15 78:14,16 5:21 54 79:3,4,24 89:8,11,17 90:10 41 105:8 15:17 70:10 99:12 109:12 54064 100:2 414 1:25 2:25 54150 114:17 42 15:16 70:10 109:25 543 4:19 43 54301 4:19 2:17 55 5:5 56856 30:9 59719 66:6 6 6 41:22 80:21 86:20 109:8 110:4 111:4 112:12 60 5:7 15:18 70:10 600 3:17 601 2:17 60603 2:21 63 5:10 63105 3:17 64 5:12 66 5:13 67 116:5 69 4:4 6th 91:11 7 7 39:7 45:9 54:8 85:5,7,18 7/17/70 5:20 70 42:22 71 89:16 107:2 719 5:14 755 29:24 78 42:22,24,25 780 3:13 7az 9:8 8 8/25/09 1:25 2:25 Vodden, Herbert in APPLETON 80 86:17 836 5:7 838 5:12 855 33:18 856 4:14 873 6:6 878 5:18 879 4:21 883 4:16 8th 31:17,23 9 9 4:3 9:43 1:20 2:11 7:13 118:11 9:44 8:24 90 86:18,21 91 5:15 91367 3:13 94111-6538 3:3 947 4:12 17:22 18:2 23:12 25:14 71:5 948 4:13 29:9,16,17,18,22 73:13,19 949 4:1529:12,1535:10,13 74:20 95 5:16 950 4:17 40:10,13 80:4,6 951 4:19 43:13,16 83:7 952 4:21 47:5,8 953 4:23 50:13,20 954 5:3 52:23 53:1 84:21,22 TOWOLDMONOQ50186 [955 - april] 955 account 5:5 55:11,14 59:19 111:25 956 accounted 5:7 60:20,23 42:22 957 accumulate 5:10 63:4,7 69:4 82:24 107:23 112:3,7 958 112:8 5:1264:13,16 87:14 accumulating 959 18:1881:19 5:13 65:24 66:2,10 accumulation 960 82:24 112:10 5:15 90:19,25 94:11 accurate 961 80:13 104:19 5:16 95:10,16 accurately 962 85:18 94:21 5:18 98:9,20 action 963 2:2 8:5 100:23 118:17 5:19 99:19,22 actions 964 52:7 5:20 102:4,7 activated 965 78:22,24 79:6 5:21 103:17,20 active 966 78:20 105:15 5:23 105:25 106:3 107:18 activity 967 21:3 95:2 5:24 108:8,10 actual 968 15:22 30:15 34:14 4:25 6:3 110:18,20,20,23 acute 969 81:10,16 6:4 113:19 114:13 116:14 addinsell 116:18,24 3:20 7:23 970 additional 6:5 113:19 115:7 65:22 99:10 98 address 5:18 47:22 61:7 99 addressed 5:19 18:4 66:5 9th adjust 51:10,12 7:16,19 a admit a.m. 99:3 1:20 2:11 7:13,17 50:11,17 admitted 11811 11:1 able admittedly 7824 10519 79:25 arrpnti ipfpc adopted 18:22 acceptable 78:14,16 79:8 83:4 89:11 1102 accepted 8222 access 83:20 accompanied 25:12 adverse 65:22 advise 26:6 30:18 78:12 110:24 advised 25:22,25 26:2 affect 88:9 96:13 97:1 affixed annum 118:19 32:22 agency answer 40:24 61:14 10:11,19 11:1,4,6 20:20 agitation 64:2 111:16 answered ago 75:25 85:15 111:11 answers agree 10:4 107:5,18 anxious agreed 48:8 90:1 39:20 52:7 55:9 84:1,7 anybody agreeing 26:4 28:6 44:25 62:23 65:8 anymore agriculture 117:6 4:17 5:3,8 35:15 36:18 anyway 40:15 53:3 56:7 60:25 80:7 54:20 80:3 84:4,23 97:4,10 apart ahead 59:7 84:21 87:14 apologies aircraft 98:10,24 12:2 apologize al 50:23 1:8,15 7:6 apparatus alarm 111:17 48:9 apparently alfred 51:3 81:10 9:6 appear allowed 27:12 30:4 63:12 99:13 82:7 90:11 appeared alternative 2:18,21 3:4,9,14,18 22:13 76:19 88:24 appearing alternatively 18:3 117:5 85:12 appears altogether 29:25 31:4,5 33:14 36:2 14:20 40:24 44:9 47:22 53:11 america 64:18 66:12 88:25 91:7 89:12 95:18 102:13,16 103:24 american 106:3 116:24 79:15 appleton amount 1:4 2:18 7:4 8:10 69:23 72:8 77:8 86:12 108:1 73:4,10 analysis application 33:24 34:13,25 57:1 78:3 46:17 53:23 78:17 84:2,8 86:23 88:8 89:25 97:9 98:1 analytic applications 34:17 35:2 12:21,23 18:14 26:7 27:22 analytical 43:11 68:19 79:13 82:16 13:20 56:21 58:7,20 72:3 86:13,13 89:21 97:15 114:3 92:8,9 94:16 appreciate analyzed 9:3 19:4 approach animal 97:14 21:17 100:24 april anniston 5:6,9,11 55:17,25 61:2 63:9 16:17 64:5 Vodden, Herbert in APPLETON TOWOLDMONOQ50187 [arabic - bottom] arabic aspects aware begun 54:5 12:23 18:15 87:24 38:10 45:19 46:13 48:7 115:3 argue assessing 59:3 72:9 92:18,23 113:6 behalf 17:4 13:20 115:5____________________ 2:18,21 3:4,9,14,18 7:23 argument assigned b 8:12 48:25 75:4 80:10 17:14,18 25:13 back 82:15 85:1 arguments assistance 29:19 34:14 35:3 43:21 belgium 17:7 arises 30:23 associated 50:1751:1257:3 69:18 71:5 73:13 74:3 83:11,22 38:7 belief 28:20 arising 38:15 85:13 86:7 aroclor 20:7 28:25 67:13 assume 30:24 38:12 80:22 atlanta 110:1,16 94:10 95:11 106:24 112:22 113:21 bailey 53:17 54:15,21 55:2 56:7 112:2 believe 41:24 67:22 75:21 83:14 87:16 102:21 104:18 4:23 13:18,22 14:15,16 15:1,13,14,17,17,18,24,25 16:3,9 20:22 21:7,8 22:15 22:18,22,24 23:20 24:2 3:8 atoms 14:3,24 22:9 109:9 110:4 attached 56:21 58:17 65:3,7 85:10 88:17 bailey's 85:22 108:17,22 beneath 63:17 benzene 26:24 27:2,9,22 28:3 30:2 6:7 45:24 117:14 balance 14:5 24:14 30:14,20 33:22 36:17 37:12 attachments 39:23 40:2 42:21,25 43:9 6:6 45:23 46:8,14 50:24 54:15 attempt 54:16,22 55:3 56:11 57:5 19:5 84:8 45:24 banks 23:25 barrett better 82:3 bioaccumulate 27:4 59:5 61:15 65:15 67:13,24 attendance 4:12 18:4 bioaccumulation 68:9 69:3 70:3,8,14,15 72:25 76:19,20 77:7,15,17 82:17 84:3 85:24 86:12 88:7,24 89:2,21 97:21 44:10 48:3 attended 36:3 44:21,25 46:21 53:12 80:10 based 44:18 basically 44:22 54:25 79:7 81:18 81:20 82:20 biodegradability 107:4,19 biodegradation 100:21 103:4,5,8 104:18 attention 105:2,4,7 110:14 111:18 11:3 42:13 51:20 57:16 112:3,7 113:10 63:15 71:8,24 73:14 80:17 aroclors 83:23 88:3,19 99:5 100:16 4:21 5:16 12:21 13:9,11,23 101:15 102:24 104:11 92:11,12 bates 18:7 30:9 33:18 35:22 37:15 40:18 43:19 45:6 47:19 51:2 53:5 54:5 55:18 20:12,16,22 92:22,24 94:1 100:10 104:12 biodegrade 87:5 biological 14:20 16:6 17:9,16 18:14 105:11 106:16 109:4,19 21:4 26:7 47:12 70:3,4 96:9 111:13 96:25 97:20 attorney arose 118:14,15 61:2 63:9 64:17 66:6 91:1 98:22 114:17 115:14 baxter 5:21,23 93:15,16 104:9 21:3 101:22 biologically 87:2 biphenyl 24:1631:13 attorneys 106:4 14:6 24:15 88:23 105:14 arrangement 14:2,24 arrival 30:14 arriving 95:24 10:21 august 1:192:11 7:12 118:11,20 austin 2:19 author bay 1:3 2:177:10 bayer 90:14 beaconsfield 5:6 55:16 biphenyls 13:13 18:6,18 110:4 bird 21:17 birds 18:21 19:3,6,11 81:24 article 59:12 articles 60:5,7 askarels 31:4 36:11 authored 51:3,7 109:16 110:24 authorities 37:10 83:2 bear 83:1 bearing 18:6 40:18 47:19 64:17 66:5 blackwell 3:16 board 45:13 boreham 110:5 asked 12:22 36:15 41:16 62:23 65:2 69:25 70:2 71:6,22 available 54:19 78:7,9 79:14,16,24 85:9 110:11 avenue bears 35:22 began 20:2 92:14 113:25 115:2,2 30:3 borehamwood 26:14,15 30:14,18 48:25 boss 72:17 73:15 74:21 75:24 5:961:1,8 beginning 104:9 83:8 87:16 asking 10:10 37:8 65:10 88:16 average 15:21 7:2 12:24 50:14 83:3 begins 42:14 53:21 bottom 33:16,17,23 45:7 54:6 101:7 109:20 111:2 Vodden, Herbert in APPLETON TOWOLDMONOQ50188 [bottoms - coating] bottoms cameron certainly chlorinated (cont.) 24:10 5:17 44:20 45:2 53:14 16:1 18:11 24:22 27:8 75:12 78:3 80:20 81:5 box 61:11,22 62:7 96:23 97:1 28:14 32:7 36:6 37:4,6 42:9 84:10,18 56:18 capacitor 43:12 46:13 49:19 60:18 chlorine boxes 25:21 43:12 105:3 65:16 67:16 74:18 76:5 13:21 14:10,17,19,22,23,24 56:24 57:4 capacitors 77:6 78:6 87:7 92:21 97:19 15:2,5,7,16,16 21:23 22:4,9 branded 26:1 43:9 77:8 86:11 97:20 101:21 114:22 115:5,22 70:11,20 86:20 87:10 99:12 58:10 capacity certified 105:8 109:8,13,25 110:4 break 95:22 100:9 2:8 118:3 chlorines 7:20 11:12 46:25 50:4 capillary certify 14:6,9,11,1321:1222:5,5 86:24 104:16 118:5,8,13 80:21 86:16 87:12 brief capps chi chopped 9:22 5:11 38:16,17 59:22 63:8 1:22 2:10 118:10 103:10 bring carbonless ch4 Christmas 90:22 29:4 39:17 43:10 46:16 9:8 106:23,24 bristol 57:13 68:20 77:9 chance chromatogram 23:23 cardboard 64:23 101:20 british 56:6,18 57:7,19 change chromatograms 37:9 61:8 80:25 85:19 Cardiff 16:9 68:6 69:11 78:13 95:3 109:7,10 brofyskin 11:17 changed civil 25:2 carney 12:8 114:5 2:6 broke 3:168:13,139:11,21 11:4 changes claimed 28:17,20 29:1 33:3 38:15 56:14,17 90:20 17:15 109:9 38:24 45:14 46:19 57:20,25 carondelet changing claiming 63:22 64:7 74:15 3:17 39:22 22:19 brought carp channel claims 89:15 90:23 107:22 23:23 109:23 brussels carried Charles clarity 44:19 96:23 48:19 74:16 2:20 8:11 10:9 bucks carton chart dark 5:6 55:16 56:6 57:25 33:22 83:21 1:14 build cartons check class 81:22 58:2,11 36:22,23 11:15 bunyan case checked clay 88:17 1:7,13 7:10 39:1,3 48:24 84:5 78:23,24 79:6 burgess 69:23 79:1 83:6 85:15 checking clean 3:7 8:7,7 29:16 47:4 113:1 57:2 58:18 30:19 burn ham cases cheeses clear 4:185:9 40:1661:1 59:3 87:6 58:14 21:8 39:3 41:12 77:21 business cashew chemical clearly 44:18 89:19 59:12 13:6 14:1 113:4 50:1 71:11 c c3 10515 calculated 45:23 calculations 34:14 California 3:3,13 called 8:18 12:17 15:17,25 18:21 23:22 24:9 25:2 26:7 30:21 30:22 44:5 56:25 105:7 calling 54:16 castor 113:11 catching 108:5 cause 48:9 83:5,6 caused 39:15 88:25 cc 96:2 ceased 63:22 64:5 certain 30:24 69:3 76:6 91:21 chemicals 5:15,19 12:7 50:21 55:6 99:23 chemist 32:1 Chester 1:22,23 2:9,10 7:25,25 9:8 118:9,10,19 Chicago 2:21 chief 31:25 chlorinated 21:6,10,20 22:1 24:13 36:14 42:15 56:6 70:22,25 close 23:21 58:10 67:3 84:6 103:6,7 closely 85:8 closest 109:10 coast 23:21 coat 73:4 coated 73:5,10 coating 26:18 32:20 78:20 Vodden, Herbert in APPLETON TOWOLDMONOQ50189 [coincidental - corporation] coincidental competitive confidence contaminate 41:8 90:10 61:14,23 62:2,12,15 27:10 colleagues competitors confirm contamination 69:10 89:20 90:4 19:23 84:6 92:9 4:24 5:14 22:23,25 24:8,16 collect complete confirmed 48:5 50:25 57:3 58:19 59:1 23:12 25:14 60:9 76:21 19:25 60:12 81:9 92:11 59:9,12 66:4 67:12 75:20 collectively completely 105:13 76:3 77:21 91:25 92:16 117:4 21:21 110:2 111:18 confirms content college complication 33:13 41:24 57:18 18:21 99:12 11:17 96:12 confused contents column components 35:17 66:8 104:16 14:21 16:1 21:10 27:2 69:2 confusion contest columns 69:3 73:1 77:19 10:15 11:9 16:25 composed congratulate contingency combinations 14:15 100:21 61:8 76:21 14:8 composition consider continuation coming 13:6,18 14:2 16:8 10:25 76:13 48:14 94:6 96:1 97:12,22 compound considerable continue 98:6 85:24 94:15,24 57:10 commencing compounds considered contrary 2:11 118:11 12:16,17 13:12 15:3,22 76:16 77:20 78:14 68:25 comment 36:14 42:15 75:12 80:21 considering contributing 54:14 85:21 81:5 84:10,18 87:7,10 88:23 19:12 commercial 105:18 consistent control 80:23 94:18 96:12 109:11 comprise 16:5 75:14 76:23 81:4,13 53:17 56:8 71:14 114:8 109:24 71:1 82:8 84:13,17 86:4 89:6 controlling commercially comprised 92:5 101:3 102:1 103:13 76:17 85:9 70:20 110:10 convenience commission con constant 41:10 118:24 57:23 49:4 96:14 conversation commitment concern constructive 5:11 63:8 48:19 27:15 38:25 88:11,13 84:4 conversations common concerned consultation 32:9 37:2 65:7 109:9 12:6 17:1 36:12 39:1 67:18 96:14 conversion communicate 75:10 78:12 79:21 88:6 consumer 65:21 72:19 90:5 2:3 3:4,9 8:19 convinced communicated concerning contact 86:9 72:17 74:3,11 75:19 78:9 55:3 26:4,8,11 cooperation 92:19 concerns contacted 84:7 communicating 26:6,21 38:24 39:15 40:6 26:5,8 coordinating 88:13 46:16 68:23 contain 20:11 71:23 72:13 95:2 communication concluded 14:18 15:24 16:1 19:4 coordination 73:9 87:17 117:13 24:12 25:7 57:4 60:13 72:2 communications concluding 72:25 77:18 86:15,19 105:8 copied 49:5 2:12 118:11 110:15 63:14 66:25 114:21 communique conclusion contained copies 96:7,19 97:7 94:7 70:3,15,16,17 83:18 105:3 6:8,8 117:15,15 companies conclusions containers copy 52:12 73:3 23:3 101:11 59:24 60:6,7 30:11 45:24 90:20 96:5,6 company conduct containing 98:11,25 102:21 106:6 1:8 2:5 3:5,10 7:6 8:21 24:1 49:21 48:13 87:12 109:8,25 110:4 108:12 110:19 115:7,19 31:23 43:4 73:4,5,10 114:9 conducted contains 116:1 compared 92:25 77:15 corporation 16:13,17 confectionery contaminant 1:5,11,142:5,223:6,11,15 comparisons 58:15 27:11 7:5 8:12,21 113:1 Vodden, Herbert in APPLETON TOWOLDMONOQ50190 [correct - directly] correct current deemed detail 9:18 11:21 15:25 19:19 9:7 76:20 42:14 62:8 34:9,24 46:22 48:22 52:21 currently defendant details 52:22 53:15 61:21 62:17 36:15 75:12 3:14 47:22 65:15 67:6 70:8,9,12,14,16 customer defendants detect 70:18 71:2,20 72:5,14 5:18 43:1,4 51:24 98:15 1:9,16 2:3 3:4,9 7:7 8:19 100:20 73:25 74:5,8,24 75:2,5 99:1 defense detected 78:10 79:13 80:11 81:2,6 customers 56:9,15 109:23 83:12,15,19 84:20,24 85:3 25:16,20 53:22 92:20 definite detection 86:2 87:18,19,20 88:11,14 cuts 77:3,4,11 56:5 88:17 90:13 91:22 92:4,12 28:21 32:23 definitely determined 94:25 95:19 97:12 100:5,6 cv 110:6 86:5 100:14 101:1 102:14,18,19 1:7,137:11_______________ degradation develop 103:12,24 104:2,24 105:16 d 20:25 21:2,4,17 22:3,8,13 39:9 79:22 105:23 106:4,14 107:20 108:17,21 109:14,15 110:9 111:5 114:1,6 115:4 116:2 d.a. 5:17 96:19 d.s. 23:2 27:12 71:24 72:3,6,16 developed 73:11 86:23 87:2,13 93:10 26:3 52:16 79:11 105:2 100:22 103:9 104:19 developing 116:3,16 5:1761:11 96:23 105:13 112:1 36:13 75:11 correctly 71:1672:481:11 84:11 85:16 89:4 91:10 92:3 94:19 97:17 98:4 99:15 dahlstrom 44:15,18 damage 39:15 degrade 21:10,13,21,25 22:1073:1 87:8,9 94:8 105:18,19 111:18 development 5:19 12:15 50:22 89:13 99:25 device 100:25 101:24 103:11 date degraded 12:15 104:21 110:8 111:19 112:5 correlate 19:6 correspondence 7:12 36:7 51:8 66:19 74:23 91:10 93:21 100:13 104:1 106:14 111:4 dated 85:11 86:7 101:21 105:20 degree 11:14,1581:19 113:6 delay diagram 83:11 dibbs 31:23 6:4 114:14 corresponding 109:12 counsel 3:7 8:1 9:9 11:4 69:22 70:2 5:18,19 47:11 66:3 74:4 84:24 87:20 95:18 115:13 day 2:11 13:1440:2541:3,9,11 118:10,20 36:21 39:16 65:3,8,20 88:17 89:10 delays 88:25 delivered dichlor 22:11 diet 91:21 difference 71:22 80:18 98:24 116:14 118:14,16 county 118:2 dayton 84:6 ddt 113:2,2,7,8,12 31:1546:8 delivery 31:2 department 16:20,21 17:18 87:3,6 113:6 differences 16:12,18,20 17:2,8,16 couple dead 13:20 31:7,8,9 38:9 47:11 different 108:7 111:11 course 10:22 13:14 26:3 49:22 50:11 59:5 94:4 court 1:1 7:9,21 8:15 90:24 95:14 18:21 19:3 dealing 25:10 94:17 dealings 72:22 dealt 47:16 50:22 66:21 73:17 departments 38:21 depend 50:2 deposited 13:21 14:2,7,11,21,22,23 15:2 16:15,25 17:19 19:10 21:16 25:8 30:15 59:24 difficult 42:2 difficulties 95:16 98:19 cover 104:6 creatures 82:10 30:25 dearborn 2:20 deaths 19:7,11 24:17 deposition 1:18,25 2:1,25 7:3,24 9:16 18:3 29:12,22 35:13 40:13 43:16 47:9 50:7,15,20 88:25 108:4 dig 93:6 dimension 105:1 crescent 9:8 crouch 4:185:9 40:1661:1 december 64:19 87:20 95:19 106:25 decided 56:9 55:14 64:16 66:3 115:7 117:10 118:6,8 description 4:11 5:2 6:2 98:13 direct 73:14 83:23 100:16 101:15 directed 80:17 err decision desire direction 1:25 culture 105:15,20 82:15 declined 22:9 65:20 despite 9:23 118:7 directly 118:16 Vodden, Herbert in APPLETON TOWOLDMONOQ50191 [director - europe] director document (cont.) eastern england 44:13,18 96:21 116:16 109:17 110:25 111:7 1:2 7:9 1:23 2:107:25 118:10,20 disclose 114:13,19 115:14,16 eastgate enquiry 53:23 62:23 97:25 116:14,24,25 1:22 2:10 118:10 32:19 73:21,24 74:2,7,10 disclosed documents easy 74:14 61:14,23 62:11 95:21 107:8 111:11 65:4 entitled disclosing doing effect 2:2 4:15,17,19,21,23 5:3,5 62:25 54:1 68:23 83:21 92:7 14:8 17:19 37:2 82:10 5:7,10,13,15,24 18:6 35:14 disclosures double effective 35:1840:1443:1747:11 97:9 68:7,15 76:17 50:21 51:23 53:2 55:15 discover doubt effects 60:23 63:7 66:4 24:4 27:11 84:9 enumerated discuss dr efficient 63:17 28:24 62:6,8 72:24 97:14 8:3 9:3 18:1 19:19 29:11,21 111:15 environment discussed 30:12 35:12 40:12 43:15 effluent 20:4,8 22:20 23:5 26:22 37:22 48:6 49:18,19 74:13 47:7 50:19 52:25 55:13 30:2 48:5 27:13 39:2,4 55:7 67:3,25 75:23 76:3,6 108:2 60:22 63:6 64:15 66:2 effluents 69:5 77:18 78:4 81:6,17,22 discussing 67:11 69:22 104:9 106:4 48:13 82:11,19 86:6,25 93:13 38:23 75:18 113:25 115:10 116:1,21 effort 99:13,14 100:23 103:2,9 discussion 117:3 94:15,24 environmental 17:21 37:4 38:16 39:25 drafted efforts 4:24 5:14,24 12:23 17:5,8 45:3 69:17 74:14 85:19 71:19 102:13 103:24 106:4 20:6 17:14 18:15 22:25 23:6 89:7 98:1 103:16 112:18 draw eight 27:10 40:6 50:25 66:4,23 113:16 71:8,24 80:16 99:5 102:24 45:13 67:12 68:10,23 75:20 76:3 discussions 104:11 105:11 106:16 either 77:20 83:5 87:24 92:15 28:23,23 31:24 40:1,4 52:4 109:4,19 111:13 13:14 100:22 108:16 110:6 55:2 114:8 drawn electrical enzyme disposal 101:11 12:20,22 18:14 25:21 43:10 21:17 23:13 24:7 25:1,8,15,24 driven 85:14 86:8 114:3 episodes 39:2,3 51:24 76:17 82:5,17,20 electronic 58:24 dispose driving 12:16 equally 24:25 25:25 82:21 elizabeth 49:23 dissolved drum 9:8 equipment 79:1 25:3 emmet 7:1558:6 111:15 distant drums 6:4,6 114:14 115:8 erik 47:1 25:3 59:13 emphasize 3:12 distribution dry 19:16 essentially 71:14 100:3 25:4 26:1 employed 111:25 district due 11:20,25 12:5 96:11 essex 1:1,2 7:9,9 22:25 24:9,19 57:7,14 86:9 employee 5:9 61:2 division 89:11 26:13 38:19 59:23 88:2 establish 1:3 7:1096:10,11,13,16,17 duly 116:19 118:14,15 20:21 22:6 71:12 96:22 99:4 8:22 employees established document duties 48:10 72:20 116:15 4:15,17,19,21,23 5:3,5,7,10 13:5,17 employment establishing 5:15 18:3,9,11,20 31:16 dye 11:23 22:3 32:12 40:14,17,21,23 43:17 78:25 emulsion estimate 43:19,23,25 46:4,24 47:9 e 26:16 32:21,25 47:19,21 48:18 50:21,24 51:2,5,7,21 53:1,4,8 55:15 55:17,22,24 60:23 61:5,11 63:7,11 64:23 66:8 74:20 earlier 33:3 57:19 69:25 70:5 71:3 74:21 75:18 83:9 86:1 87:17 89:18 94:5 111:16 endeavored 32:24 ended 26:7 82:16 75:7 80:4,13 88:4,20 91:1,5 114P ends 91:6 98:11 99:22 100:2,8 100:11 102:10,17,22 103:22 107:4,16 108:13 early 33:8 67:19 94:7 115:2,3 116:5,5 32:22 37:15 endurance 11:9 46:7 estuary 23:21,24,25 et 1:8,15 7:6 europe 16:13 26:12 67:5 72:24 78:15,22 89:17 103:3 105:6 Vodden, Herbert in APPLETON TOWOLDMONOQ50192 [european - fortuitous] european existing fair fisheries 4:24 51:1 15:22 86:22 4:17,185:3,8,8 40:15,16 eve expand fairly 53:3,12 60:25,25 80:7 106:24 108:3 16:5 58:11 59:4 77:4 78:15 84:23 event expanded 78:25 79:5 80:1,2 104:19 five 65:4 80:2 107:13 15:5 70:20 86:16 87:12 events experiment familiar fives 21:16 33:12 75:15 76:24 107:20,21,22 108:5 111:8 13:17 113:2,3 21:12 eventually 111:10,24 112:7 family flask 25:11 26:2 27:12 36:20 expert 117:7 111:16 46:14 103:11 56:21 famous flow evidence expires 47:3 33:22 83:21 29:3 77:14 81:25 91:24 118:24 far focus 92:1 explain 26:20 35:1 39:16 59:3 77:9 42:13 57:16 63:15 exact 27:2,15 79:20 92:22 93:25 follow 14:12 16:20 56:22 78:5 explained fate 69:24 92:10,17 113:9 61:15 46:8 followed exactly explaining february 38:4 104:25 13:16 15:6 16:1928:11 74:19 4:20 5:18,19 43:18 84:13 following 32:9 33:12 40:3,7 41:13 explanation 98:16 100:13 101:2 102:2 47:14 56:5 99:9 106:17 44:2 45:3,17 58:1,6 63:3 55:9 114:14 115:13 116:2 follows 72:10 88:12 explanations 118:24 8:23 48:4 examination 19:10 federal food 4:2 9:1 10:22 69:20 113:23 exposure 2:6 4:18 5:4,8 40:15 53:3,12 116:11 59:1 field 59:1,9 60:5,8,25 80:8 84:24 examine extent 12:14 25:21 72:11 82:4 foodstuffs 18:9 35:24 40:20 51:4 53:8 20:22 21:5 50:2 89:22 figure 58:12 59:6 55:21 61:4 63:11 66:8 107:22 7:18 101:21 foot examined extra files 104:16 8:22 90:20 98:11 108:2,11 93:8 force example 110:19 finally 82:21 14:4 15:24 49:13 85:12 extracts 11:9 24:14 fore exchange 109:11 financially 12:24 44:6 52:8,8 exchanging f 118:16 find foresee 76:16 52:15 m-Q 20:25 21:1,1922:1676:18 forget excuse facility 87:7 103:3 14:12 38:21 56:22 30:21 35:17 95:14 exhibit 17:22 18:2 23:12 25:14 29:9,12,15,22,24 33:16 35:10,13,25 37:15 40:10,13 41:21 43:13,16 45:6 46:2 49:15 95:22 100:9 fact 14:17 15:20,21 16:19 18:12 19:8,1720:1421:1 22:2 23:4,21 24:1,17 37:23 38:4 48:18 57:7,22 72:23,25 finding 29:3 90:4 fine 7:18 finish 10:10 form 10:8 14:5 17:10 23:9 27:6,7 27:18 34:5 35:5 38:2 39:2 46:10 49:10,16,24,25 52:18 52:19 54:24 60:16 61:24 67:14,15 68:2,12 69:7 47:5,8 50:13,20 52:23 53:1 55:11,14 57:16 59:19 60:20 60:23 63:4,7 64:13,16 65:24 66:2,10 71:5 80:6 83:7 84:21 87:14 90:19,25 78:13 81:18 82:23 89:11,24 90:5 96:9,13 110:14,17 115:18,25 factor 19:12 79:3 first 7:20 8:1,22 9:15 11:15 12:3 18:20 19:5 20:1031:18,21 33:4 36:10 40:3 44:3,3 45:22 52:3 53:21 54:17 77:13 82:12 formerly 11:20 formula 16:5 115:20 95:10,16 98:9,12,20 99:19 102:4,7 103:17,20 105:25 106:3 108:8,24 110:18 114:13 115:7 facts 99:10 factual 71:12 56:3,3 61:10 62:4 63:16 71:8 75:9,23 76:3,6 80:19 81:9 83:9 89:2,15 93:25 94:3 97:6,8 99:6 100:19 formulated 27:24 fort 2:4,5 3:5,5,10,10 8:20,21 exhibits 102:25 105:22 106:16 forthcoming 6:7,9 71:3 113:19 117:14 existence 19:6 28:13 failure 100:20 109:4,5 113:25 116:13 36:17 fish fortuitous 91:21 107:23 108:5 112:8,8 41:15 Vodden, Herbert in APPLETON TOWOLDMONOQ50193 [found - homologue] found getting green health 19:3,4,9,17,18,24 22:19 17:25 30:20 67:3 106:24 1:3 2:177:10 83:2 36:15 54:10 56:23 57:2,4,6 gilbert grosvenor heard 75:13 80:21 81:5 85:7 93:18,19,20,20 1:22 2:9 7:25 118:9 9:14 91:20 93:7,9,21 97:16 give group held 99:13 103:6 109:6 110:14 9:19 10:4 36:22 65:12 79:4 13:1220:2331:1044:18 31:24 66:13 foundation 80:3 112:15 78:2 help 20:18 34:11,18 35:6 43:7 given guess 9:25 45:15 48:16 54:23 61:25 11:1 18:13 77:24 95:1 94:20 herbert 63:24 64:11 66:17 115:21 glasses guybert 1:18,25 2:1,25 7:3 8:18 9:6 foundational 17:25 93:17____________________ 50:7,15 117:10 62:4 go h herbs four 14:1369:1271:5 82:7 h.a. 58:14 21:12,23 22:5 95:12 fourth 33:15 38:14 54:4 99:8 fox 94:11 104:8 106:22 god 9:25 goes 5:12,22,25 6:3 106:18 108:19 half 80:18,19 hereunto 118:18 hermes 2:16,16 4:4,6 8:9,9 27:7,18 5:186:6 98:16,23 115:15 73:23 hand 34:11 38:2 45:15 46:10 fractionating 16:25 fractionation 16:22 going 9:16 25:5 27:21 37:4 50:9 56:23 57:11 60:4 68:7 69:15 74:7 77:18 95:6,7 8:17 29:14 99:21 102:6 103:19 106:2 108:10 110:3 118:19 handed 47:3 48:16 49:16,25 52:19 61:24 62:13,21 63:24 66:17 67:15 68:2 69:21,22 76:1 77:22 82:14 90:21 95:3,5 france 98:12 112:19 113:17 116:4 18:1 29:11,21 40:1243:15 95:13 98:10,15,18 99:20 90:15 francisco 3:3 front 117:12 good 8:3 9:3 11:13 79:4 goodstein 47:7 60:22 90:24 95:15 98:19 110:22 handing 35:12 50:19 52:25 55:13 102:5 103:18 106:1 108:7,9 110:19 112:24 113:14 116:12 117:2,8 hesitate 51:1591:13 3:12 full government 9:4 10:4 53:21 63:16 71:13 41:5 53:16 fully governmental 67:22 89:2 37:9 63:6 64:15 66:2 114:12 115:6 handle 31:10 handled 11:12 hexa 15:9 hexachlor 14:19 function 17:3 further 32:19 65:20 69:9 73:22 gpfox00030966 4:25 51:2 gpfox00034528 5:21 102:9 30:17 handling 31:1345:14 hands hide 84:8 high 44:11,22 46:13,1681:19 116:10 118:8,13 gpfox00037466 114:8 82:24 86:17 future 47:2 107:18____________ g gain 13:5 garrels 5:1691:2 gpfox00039135 5:25 gpfox00054039 5:20 100:2 gpfox00054047 handy 58:22 happen 22:15 82:2,7,18,25 happened 33:13 39:13 45:1 65:17 higher 13:23 21:11 23:1 36:14 42:15 57:5 70:22,25 75:12 78:3 80:20 81:5,23 94:9 112:10 highest 44:16,17 general 38:25 78:12 generally 59:4 95:25 101:8 gpfox00054149 6:4 114:17 grade 85:14 happening 34:20 hardy 91:8 harmful 11:14 highlighted 18:16 114:24 highlights 96:8 george 1:8 7:6 georgia 2:3,4 3:4,5,7,8,9,10 8:4,8 grades 80:23 85:9 86:8 gramann 1:25 2:25 7:22,23 82:1,10 hazard 82:23 hb hills 3:13 home 106:24 8:19,20 great 39:22 65:15 78:14,16 79:3 homed german 90:14 117:7 greater 77:9 85:13 86:8,16 87:10 79:4,24 89:8,11,17 90:10 heading 104:12 14:16 homologue 14:1,1787:3 Vodden, Herbert in APPLETON TOWOLDMONOQ50194 [homologues -january] homolog ues hunsucker incorrectly interchangeable 13:21,24 14:14,18 23:1 3:12 80:22 13:10 57:6 70:16,19,20 77:16 husch increasingly interest 78:3 86:15,20,23 87:11 3:16 42:2 56:15,16 89:19 94:8 103:5 105:4 109:8 hypothesized indicate interested 110:15 112:11 19:9 22:21 112:10 118:16 honors hypothetically indicated interests 11:15 17:17 18:17 22:7 44:1 84:10,19 36:20 hope 110:6 111:17 internal 11:9 112:1 117:6 hoped 25:6 hotel identical 14:1 identification 17:22 29:9 35:10 40:10 indicates 20:10 indirectly 118:17 107:12 108:22 116:25 internally 94:4 107:14 interrupt 1:22 2:107:25 118:9 house 5:4 53:3 housekeeping 43:13 47:5 50:13 52:23 55:11 60:20 63:4 64:13 65:24 90:19 95:10 98:9 99:19 102:4 103:17 105:25 individual 97:1 industrial 103:7 57:10 introduced 76:19 introduction 24:19,21 36:22,23 108:8 110:18 113:20 industry 100:17 hum 11:13 13:8,16 15:8,1220:9 20:15 27:1 28:18 31:20 32:3,13 33:2,6,20 34:1,1 identified 4:11 5:2 6:2 27:10 identify 36:16 84:2 12:7 43:10 77:9 85:14 90:2 invariably 105:3 42:14 80:20 infestation investigated 53:17 56:8 25:9 32:19 73:22 36:1,1 37:1,13,18 40:9,22 identifying informality investigation 41:2 42:6,17,20 43:8,25 44:8 45:8,11,25 46:20,23 48:12 49:9 51:6,6,16 52:2 52:10,17 53:10,10,13,19,25 20:6 illinois 2:21 imagine 9:23 information 22:7 23:13 25:14 36:19 41:19 49:22 52:8,15 60:14 49:8,14,22 investigations 19:8 24:1 48:24 49:13 66:19 104:7 115:2 54:3,7,13,25 55:8,23 56:2 58:1,23 59:21 60:1,3,8,10 61:6,19,21 63:14,14,20,23 64:3,6,8,21,25 65:23 66:9 66:11,15 67:23 68:1 69:6,8 36:8 immediate 79:5 immediately 31:21 79:25 64:9 67:11,17,19 71:12,15 78:7,8 83:18 94:17 107:17 110:11 informed 32:8 investigators 103:3 involved 12:1028:1674:1679:10 88:7 70:1,13,18 71:2,7,17,21 72:1,5 73:20 74:1,6,9,25 75:3,6,8,17 76:9,11,14 77:1 78:11 80:12,15 81:3,7,12 important 71:11 impose 88:16 117:6 initial 12:6 insecticide 113:5 involvement 12:13 66:22 114:25 irish 18:22 19:2 20:1 81:15 82:13 83:13,16,25 incident inserted isomers 84:12,16,20,25 85:3,17 86:3,21 87:19 88:15,18,21 89:5 90:8 91:6,12,15,19,23 92:4 94:20,23 95:17,17,20 96:18 97:5,13,23 98:5,8 99:17 100:1,12,15 101:1,5 19:2 30:13,13 56:18 incidents 19:15 incineration 25:9 26:2 include 14:6 insignificant 17:3 insofar 38:10 instance 100:20 103:3 104:17 111:18 issue 29:6 33:4 75:20 104:5 issues 20:7 67:12 76:3 101:9,14,23 102:3,11,15,20 102:23 103:12,15,15,21,23 103:25 104:3,13,22 106:5 106:10,15 108:15,18,21 109:3,18 110:9,12 111:1,3 12:22 included 13:22 15:4 44:12 including 16:22 31:13 2:3 59:7 instances 20:1 58:25 59:8 instructions 9:20 item 20:10 items 63:17 91:21______________ j 111:9,12,20 115:23 116:9 116:17 117:1 human 91:21 12:15 14:18,22 46:19 72:3 77:7 82:16 107:19 inclusive 30:10 40:19 43:21 47:20 instructs 11:4 integrity 36:21 j.d. 4:1431:3 j.w. 4:12 18:4 humans 51:3 53:6 55:19 intend james 82:10 humphreye 4:14 31:3 32:4 incorporated 7:5 76:21 intent 71:18 2:4,5 3:5,5,10,10 8:20,21 january 4:16,19 29:25 31:17,17,23 Vodden, Herbert in APPLETON TOWOLDMONOQ50195 [January - manufacturing] january (cont.) knowledge 33:8 35:20 36:3 37:3 39:24 36:19 39:17 46:4 78:16 40:17 74:4,8,23 75:16,23 83:15 88:7 76:10,25 80:8 known japan 64:9 90:15 1 jensen labeled 18:17 19:17,24 115:4,19 116:1,5 37:16 98:22 laboratories jensen's 19:19 92:10,17 114:23 job 12:8 95:1 13:3 laboratory 4:18 5:9 40:16 53:18 56:8 60:4 61:1 john 3:7 8:7 56:24 57:24 58:2,10 59:2,2,13,24 60:13 joint landfill 24:18 25:4 26:1,1 large 77:17 86:12 103:7 28:8,23 36:2 largely jointly 28:15 judge 10:24 67:2 89:10 100:21 larger 43:12 largest julie 43:1,4 77:7 1:25 2:7 7:21 118:3,22 july 102:22 103:14 jump late 19:20 76:7 106:25 latham 3:2 81:8 law k 2:16 karl leakage 3:2 8:4 24:22 kelly leakages 6:4,6 26:12,13,19 27:20 24:19 28:2,7 49:18 114:15 115:8 learn 115:9,25 116:1,15,21 89:20 kimberly leave 1:14 7:15 kind led 37:4 94:7 kingdom left 23:17,18 43:2,6 45:14 31:14 58:25 length knew 30:1 33:10 38:18 57:12 114:22 lesser 114:22 87:10 know letter 16:20 17:19 19:1 20:24 5:18 6:5 98:16 99:1 115:8 28:17 30:24 31:3 34:2 letterhead 38:16 39:12,14 45:3 46:25 50:23 58:4 60:13 61:22 63:3 64:9 level 64:12 65:10 74:2,10 78:19 14:23 44:7,12,22 81:21 82:2,25 88:22 89:13,25 levels 91:5,6 101:6 106:9,23 13:21 14:22 15:21 81:23 107:12,15 108:14 110:13 83:4 87:11 113:4 116:20 lidgett 5:24 53:14 93:16 108:19 life low 9:15 81:21 82:1 113:10 limit lower 97:9 21:5,9,19,25 56:6 84:9,18 limited 94:8 100:20 5:15,19 47:23 50:21 99:23 Ip 108:1 2:4 3:4,9 8:20 limits lucky 83:3 9:15 line lunch 32:19 73:21,24 74:2,7 117:7 106:17 lytz linked 3:2 4:3,5 7:17 8:3,4 9:2 14:5 17:12,24 20:19 23:10 27:14 list 27:19 29:8,10,18 34:8,16 48:3 100:4 34:21 35:7,11 38:3 40:11 listed 43:14 45:21 46:18 47:6 91:13 96:2,3 97:10 100:3 48:17 49:11,20 50:4,18 literature 52:20,24 55:1,12 56:16 107:11 60:21 62:3,16 63:5 64:1,14 litigation 66:1,18 67:21 68:3,16 69:9 98:22 75:24 77:13 82:12 98:13 little 112:17 113:24 115:24 56:24 57:24 58:2,10 59:2,2 116:10 117:3_____________ 59:13,24 60:13 91:24 m lie 2:4 3:5,10 8:20 m.j. 6:5 115:10 Up 2:19 3:2,16 local 60:2 location main 2:17 12:1872:10 mainprize 93:16 maintain 32:24 locations 72:7 london 42:2 48:8 71:13 major 25:15,19 36:16 104:6 106:17 4:16,18,20 5:4 35:19 36:3 making 40:1641:1043:1853:4 114:15 116:19 long 76:15 78:1 89:25 longer 56:10 10:7 28:4 malvern 12:2 mammals 81:24 man look 21:1531:1836:1043:22 51:13 58:9 59:18 91:4 97:6 106:8 108:13 110:23 114:21 44:20 management 44:7 48:6 manager 31:25 38:21 96:24 106:12 looks 22:17 33:22 51:12 lot 58:16 92:9 108:4 managing 44:13 manufactured 16:13,14 26:17 57:20 louis manufacturers 3:17 96:20 97:12,22 98:7 106:11,13,20 116:23 25:21,22 89:23 90:12,15 manufacturing 23:19 34:23 Vodden, Herbert in APPLETON TOWOLDMONOQ50196 [march - ncr] march meeting (cont.) ministry (cont.) monsfox00034524 4:245:447:11 51:1,9,10,11 41:1942:9 43:1744:5,10 97:10 5:4 53:5 51:13 53:4 84:24 85:20 44:11,12,22,23 45:1 46:21 minor monsfox00034541 104:1,24 105:23 49:3 53:2,11 55:3,16 60:24 16:12 91:25 4:1940:18 marine 61:13 62:6 66:13,16,20,24 minute monsfox00056852 81:21 100:23 75:1,22 76:2,10 80:6,10,14 50:4 95:7 112:16 4:14 30:9 mark 84:3,23 85:1,20 minutes monsfox00059700 98:12 meetings 95:12 5:14 66:6 marked 41:7,8,11 74:17 mipb monsfox00097049 6:9 17:22 18:2 29:9,11,15 memo 89:2,8,14 4:12 18:7 29:22,24 35:10,13 40:10,12 4:12,13 5:12,20,23 6:3 20:5 missed montgomery 43:13,15 47:5,8 50:13,19 32:10 116:21 68:14,17 3:3 52:23,25 55:11,14 60:20,23 memorandum missouri month 63:4,6 64:13,15 65:24 18:4 30:1,6 35:21 64:19 3:17 104:6 90:19,25 94:10 95:10,15 106:4,8 108:23 110:24 mixed monthly 98:9,20 99:19,21 102:4,6 111:23 116:18 87:9 5:21 104:5 103:17,19 105:25 106:2 menasha mixture months 108:8,10 110:18,22 113:19 3:15 15:1,2,4 54:20 70:11 86:10 79:23 114:12 115:6 mention 87:4 morning market 41:1842:1,7 97:19 mixtures 8:3 9:3 69:25 70:6 71:6 89:23 mentioned 105:21 74:22 75:19 86:2 98:25 marketing 17:13 18:12 105:18 modified mroz 31:24 44:20 96:24 mentions 105:1 3:12 martin 85:25 molecule multipage 26:12,13 message 14:3,25 100:2 mass 5:16 95:18,23 moment multiple 45:23 met 18:8 35:24 37:19 40:20 30:1 35:21 40:17 43:19 match 26:12,20 42:18 45:10 51:4,25 53:7 47:9,19 51:1 53:1,4 55:15 109:10 metabolism 54:11 55:21 61:4 63:18 55:1766:3 91:1 115:14,14 material 16:9 24:23 25:3 materials 57:1 matter 7:4,8 30:2 36:8 mcs 104:18 105:1 mean 13:15,25 28:19 47:4 57:10 100:24 method 25:8,10 76:17 michael 2:16 micro 21:2,1493:11 microbial 100:23 middle 64:22 66:7 108:5 n monochlor 22:4,11 n.e. 3:8 monoisopropyl 88:23 monsanto 3:18 5:4,15,19 8:14 11:21 name 8:4,7 9:5 13:11 28:12,13 31:3,4 53:22 70:8 73:7 96:2 102:16 11:24 12:4 13:3,11 20:2,17 named 24:1 27:21 30:22 34:4,6,9 34:14,17,24 35:2 37:9 38:4 73:4 59:17 79:17 90:7 96:16 113:4 means 63:3 31:18 33:21 54:9 78:6 101:10,10 mike 8:9 69:22 98:13 39:25 41:1,4 43:2,5 44:13 44:13 48:18 49:1 50:21 52:12 53:3 68:18 70:8 71:18 72:7 73:16,25 75:4 61:9 nature 12:16 36:15 48:9 75:13 95:21 100:22 meant 61:22 62:10,18,20 81:20 93:6 medical 115:9 116:16 mills 45:13 milwaukee 118:2 mind 79:17,21 80:11 82:15 85:2 88:1,2 89:19,20 90:13,17 94:15 96:17 98:15 99:23 106:3 107:9,24 108:25 112:12 115:3 116:16,19,25 nc 74:19 ncr 1:5,11 2:22 4:15,20 5:18 6:6 7:5 8:12 26:4,5,8,13,14 medicines 58:14 meet 26:19 10:15 51:15 83:1 95:24 minimize 30:19 39:14 ministry monsanto's 92:6,19 94:21 101:3 monsfox00031834 5:7 55:18 28:4,8,15,24 30:2,21,22 31:24,25 32:21 34:3,17,22 35:3,19 36:3,12,16 37:8,23 39:8 40:1 41:1,4,13 42:1,7 meeting 4:17 5:3,8 12:1 35:14 36:18 monsfox00031837 43:1,4,11,1745:1446:21 4:15,17,19 5:3,5,7 28:6,8 35:14,19 36:2,6,11,17 37:3 37:5 40:14,24,25 41:3,5,14 40:15 41:14 53:2,12 56:7 5:12 63:10 56:22 60:24 63:1 80:7 81:1 monsfox00034522 81:2 84:3,7,23 85:19 97:4 5:1061:3 48:25 49:6,15,23 52:4,12 53:23 54:2 60:15,18 61:15 61:16 62:12 64:10 67:5,12 Vodden, Herbert in APPLETON TOWOLDMONOQ50197 [ncr - paragraph] ncr (cont.) numbered oh 67:19,24 68:9,18 72:17,19 37:20 68:11 101:19 116:24 72:21,24 73:4 74:11,19 numbers oil 75:1,9,20 76:4,7,15 77:3,4 14:12 18:7 22:12 25:20 113:12 78:10,21 84:1,2,15 88:9,22 37:16 83:21 99:8 113:9 okay 89:12,21 92:19 96:9,15 numerals 9:13 29:19 34:1 37:21 97:25 98:2,16,23 115:13,15 15:19 51:16 54:14 58:21 68:7 115:18 nuts 69:25 70:2 74:20 83:22 ncr's 59:12 87:15 90:18 93:9 94:10 34:15 42:11 o 95:5 99:18 101:19 103:13 near 67:4 necessary oath 9:24 object 107:3 113:14 116:24 olson 5:17 96:19 97:22 98:6 84:7 94:16,16 needed 16:24 79:11 needs 27:18 34:11 38:2 45:15 46:10 48:16 49:16 61:24 63:24 66:17 69:7 objection once 64:23 ones 14:1921:11 94:9 80:1,3 11:5 17:10 20:18 23:9 27:6 ongoing negatives 68:7 nelson 3:12 27:7 34:5,18 35:5 43:7 49:10,24,25 52:18,19 54:23 56:14 60:16 62:21 64:11 67:14,15 68:2,12 75:24 41:6 open 26:7 68:19 opened 82:16 new 77:13 82:12 115:20 27:22 13:5 39:18,18 51:1665:12 79:14,20 newport 16:1623:14,16,1830:17 objections 10:21 11:3 62:13 objectives 106:17 107:3 operating 2:4 3:5,10 8:21 84:15 operations 37:24 49:1 94:18 31:1,7 38:10 66:13,21 67:4 nivelles 4:22 38:6,7 46:9,11 47:13 49:2 nondegradable obligates 10:4 obligation 25:13 observed opposed 89:8 orde 84:5 order 69:4 normally 57:6 north 23:6 55:6 85:10 obtain 94:16 obtained 86:17 113:11 organisms 21:2,14 93:11 organization 13:4 11:1435:2 109:11 25:1 nos 30:9 notary 2:8 118:4,22 note 29:23 obviously 67:1 89:14 occasion 9:15 44:24 occur 20:22 21:4 23:1 65:22 organizations 19:23 organize 79:21 organized 66:20 notice 2:7 noticeably 44:22 noticed occurred 12:25 21:2 24:9 41:9 44:23 76:24 105:14 occurring 19:15 72:6 75:15 100:22 original 6:7,7 117:14,15 outlet 36:17 output 7:14 november 106:14 number 103:9 104:23 105:22 114:9 occurs 21:16 October 77:17 outset 9:14 oxnard 4:12,13 7:10 14:8,13 15:15 13:1 71:19 76:8 77:24 3:13 19:3,10,14,22 20:1,5 22:9 33:18 42:23 97:3 113:13 111:4 112:12 114:5,7 office 118:19 P p.m. 2:127:15,1750:10 117:13 118:12 pacific 2:3,4 3:4,5,7,9,10 8:4,8,19 8:20 packages 56:25 57:4 packaging 58:5,6,18 59:2,13 60:13 page 4:2,11 5:2 6:2 18:3 20:10 29:19 31:5,19 32:14 33:15 33:17,19,21,23 35:21 36:10 37:14,17 39:7 40:17 41:20 42:12 43:19 45:5 46:1,2 47:9,19,21 51:1,12,21,21 53:1,4,20 54:9 55:15,17 56:3 57:15 60:23 63:7,16 64:17 66:3 73:14 76:12 80:16 83:9,23 85:4 91:7,13 91:1694:11,1499:6 100:17 101:6,6,10 102:13,25 109:5 109:19,21 114:13 pages 30:1 91:1 papageorge 5:13,20,22 64:20 65:10 87:18,22,23 102:13 104:10 papageorge's 88:11 paper 1:8 5:24 7:6 18:17 26:18 28:4 29:4 32:20,22 36:16 39:1843:10,1245:1846:17 53:23 57:8,13,1461:15,18 68:20 73:4,5,10 76:15,18 77:3,5,9 78:20 84:2 86:13 88:8 89:21 92:10 94:3 114:23 papers 1:4 2:18 7:4 8:10 69:23 paragraph 18:20 31:21 32:18 37:25 38:14 39:7 41:22,25 42:13 44:3,4 45:9,22 51:23 52:3 53:21 54:8 56:3 57:16 58:9 59:1861:1063:16,1971:9 71:25 73:15,21 76:23 80:17 80:18,19 81:8 83:24 84:19 85:5,7,18 88:4,20 91:18,24 94:11 97:6,24 99:8,11 100:19 101:16 102:24 104:14 105:12 109:5,20,22 111:14 Vodden, Herbert in APPLETON TOWOLDMONOQ50198 [paragraphs - pretty] paragraphs pcbs (cont.) place poor 37:20 113:25 115:2 7:24 25:1 79:2 24:19 paren peachtree plaintiff posed 84:6 3:8 1:122:18,21 3:14 10:21 27:16 parentheses peak plaintiffs posing 84:5 101:18,18,19 1:6 7:5 29:5 part peakl plan position 13:5,17 16:21 24:16 26:9 101:17 76:21 79:22 80:2 39:9 42:3 56:22 84:6 94:21 31:1241:3,6 71:1479:17 penta planning positions 87:4 96:10 100:10 112:8 15:9 85:13 106:20 14:7,11 69:11 partially pentachlorodiphenyl plant positive 79:1 85:11 85:8 16:16 23:14,16,17,19,20,24 84:4 participant people 24:2,8,10 25:11 26:16 possible 40:23 4:12,13 18:5 22:1831:7,10 30:1731:1,9,11,14,17,25 67:20 76:22 97:8 104:20 particular 57:23 72:21 32:20 46:9,11 47:13 48:2,5 potential 21:17 26:25 45:19 58:17 percent 48:14 67:4 28:25 55:4 67:25 68:4,10 70:11 74:13 96:19 98:11 15:16,17,18 32:21 33:24 plants 99:14 100:11 110:23 111:7,22 38:14 42:22,24,25 70:11,19 16:25 48:22 51:24 67:4 potentially 116:18 70:21 71:1 77:15,18 86:15 103:7 77:5 particularly 86:18,19,21 99:12 105:8 plasticizer poulenc 87:24 90:4 113:10 109:12,25 96:10,16,17,21 99:4 90:14 parties percentage plasticizers powell 118:15 15:1586:17 97:25 31:25 partly performed play practically 78:20 86:10 94:25 34:3 82:3 104:17 parts persistence plaza practice 107:5 82:20 3:17 17:18 party persistent please preceding 3:14 27:3 69:4 77:16,19 78:4 8:1,16,24 9:5 10:14,17 118:5 pass person 11:12 29:8 32:15 37:20 predominant 72:21 28:12 51:25 54:12 55:21 57:10,17 103:5 passing personal 63:11,1964:2 73:1380:16 preliminary 67:18 118:7 87:14 94:6 pattern personally poenitsch preoccupation 22:22 49:21 39:25 44:9 62:19 1:25 2:7 7:21 118:3,22 12:19 pay personnel point prepare 11:2 30:18 12:10,12 14:17 15:20,21 41:4 pc persuade 16:11 21:1 23:23 24:23 prepared 3:1223:13 65:2 29:6 33:9 86:4 89:24 92:13 46:5 83:14 91:8 pcb phgncr 99:9 112:14 presence 12:21 13:21 14:4 18:21 4:16,20,22 5:13,17,22,23 pointed 37:22 55:10 86:6 117:4 21:20 25:15 36:13 44:6 6:3 35:22 43:20 47:20 27:8,25 present 51:24 54:9 56:6 58:25 64:18 110:21 points 3:19 28:6 53:16 75:4 78:4 66:23 73:11 75:11 85:7 phonetic 34:23 85:1 99:13 103:5 110:5 86:8 107:4,19 23:22 policy presented pcbs physicist 27:24 66:13 5:14,24 12:11,13,24 13:7 12:5 pollutants presently 13:12,15 19:4,6,11,1720:3 physics 110:7 84:10 20:7 23:1 26:22 33:24 39:2 11:15 pollution preserving 43:1,5 48:13 59:4,9 60:13 picked 4:22 47:12 76:16 77:3,6,12 10:24 66:5 70:25 71:24 72:3 58:17 59:6 polychlorinated press 78:12 81:14,17 82:9,16,22 picking 13:13 18:6,18 110:3 59:9 83:4 86:6 87:24,25 90:7,11 58:21 pond presume 90:12 91:20 92:24 93:10 pills 107:19,21 111:8,10,24 12:8 94:1 99:11 101:16 107:22 58:14 112:6 pretty 108:16 109:6 113:2,7,8,10 60:12 Vodden, Herbert in APPLETON TOWOLDMONOQ50199 [previous - recollection] previous promise question (cont.) readily (cont.) 12:13,19 97:10 108:24 117:5 22:23 43:3 54:17 62:1,4 94:8 105:21 previously pronounce 68:8 70:5,7 71:22 116:13 reading 6:9 29:24 38:6 47:24 questions 45:1891:10 primarily proof 10:5,14 69:9,24 70:2 71:6 reads 105:2 112:14 73:15 74:21 83:8 87:16 71:11 72:2 76:15 80:20 prior proportion 112:25 116:10 81:9 85:7 92:7,21 98:1 107:9,10,24 46:14 quickly ready probably protect 11:10 76:21 80:2,2 89:16 9:21 33:13 41:8,9 45:2 36:21 quite realize 59:15 62:8,23 92:13 114:22 prove 23:21 41:14 42:23 43:3 57:13 problem 65:4 92:1 46:13 61:7,7 78:15 82:1 realized 5:24 20:3 28:16 29:5 44:7 provide 86:17 92:9 97:3 108:3 36:18 45:17 48:7 66:23 67:25 10:18 22:24 quote really 68:4,10 71:13 74:19 79:6 provided 58:10,11______________ 46:16 62:25 63:1 74:15 79:10 81:10,16,17 92:8,15 92:20 99:14 108:16 problems 25:23 27:1631:11,1348:4 89:7 114:23 procedure 2:6 procedures 58:8 proceed 89:1 proceedings 7:1 process 9:20 16:1624:11 25:11 28:22 34:23 79:21 89:14 90:11 101:22 105:5 processed 57:8 processing 16:22 produced 98:22 103:8 product 5:15 15:16,23 16:2,13,23 22:15,17,1827:1230:16 31:1440:5 54:1955:10 90:11 105:6 production 12:2 28:4,21 31:12 38:15 61:1765:1379:18 products 2:4 3:4,9 8:20 13:22 20:23 24:13 25:24 59:24 97:16 109:12,25 110:1 program 107:19 progress 5:13 47:10 66:3 project 78:1 34:24 r 82:25 85:23 107:15 prudent r.a. realtime 110:1,16 5:21,23,24 108:19 2:8 118:4 public radar reason 2:8 118:4,22 12:2 11:11 40:5 66:24 68:5,22 publication raise 76:18 79:7 105:7 65:3,9 88:17 93:7,10 8:17 14:13 reasons publicity raised 46:15 65:20,22 33:5 45:17 reassuring publish 93:2 range 13:20 15:22 18:7 35:22 92:2 recall published 40:1843:1947:1951:2 16:19 28:11 37:8 38:4,11 92:23 93:5,11,23 94:1 107:5,9,10,12,14 108:25 53:5 55:18 61:2 63:9 66:6 91:1 114:17 115:15 45:2,16 49:17 55:25 56:18 58:24 59:7,10 70:5 72:20 pull 107:16 purchased rapidly 22:10 89:1 101:21 rare 74:18 93:4,8 95:21 96:7 106:22 111:7 received 59:23 109:25 32:12 45:12 55:25 76:8 purpose rate 96:6 100:9 102:21 20:16,21 purposes 41:3 107:25 112:6 22:6,8 rates receiver 78:21 11:2 22:3,12 111:25 receiving pursuant rdr 30:11 65:1 95:21 96:7 2:5,6 1:25 2:7 118:3 recess put 8:1 25:3__________________ reached 23:4 57:23 50:12 95:9 112:21 recipient q react 30:4 32:10 44:1 49:3 55:24 quantification 104:19 78:24 reaction 63:13 91:14 106:6 recipients quantities 88:8 103:7 109:24 quantity 79:2 read 32:16 37:19 42:18,23 45:10 102:16 reckoned 57:7 79:25 quarry 51:25 54:11 59:19 62:8 71:1672:481:11 84:11 recognize 18:10,11 20:2 32:12 35:25 25:1,4 quarter 89:3,15 85:16 89:4 91:17 92:3 94:19 97:17 98:4 99:15 100:25 101:24 103:10 40:21 43:24,25 51:5 53:8 55:22 61:5 63:12 64:24 66:10 73:7 75:7 80:13 91:5 query 104:21 109:14 110:8 99:22 100:11 102:10 62:15 111:19 112:5 103:22 106:9 108:14 question 10:10,18,23 11:5,6 16:7 readily 21:25 73:1 78:25 87:8,9 recollection 28:1 33:7 52:11 57:21 Vodden, Herbert in APPLETON TOWOLDMON0050200 [recommendation - risk] recommendation relationship reporter resulted 47:15 20:661:16 2:8 7:21 8:16,17 29:17 52:7 record relative 90:25 95:14,16 98:20 118:4 resulting 8:2 9:5 10:7,9,24 17:21 9:23 118:14,15 reporting 88:6 18:1 29:13,23 30:8 47:18 relatively 1:25 2:25 7:22,23 52:4 results 50:9,17 69:13,15,17,19 11:10 17:2 21:21 113:10 59:12 66:12 19:16,24 34:17 49:12,14 95:7,12 98:21 102:9 103:16 release reports 60:11 67:6 74:10 92:12 110:20 112:18,19,22 24:9 92:18,23 93:2 94:5,6 101:12 112:9 113:16,17,22 117:12 released represent reveal recorded 23:5 103:8 8:4,8,10,13 70:10 37:9 118:6 releases representative review recording 24:2 26:22 27:15 97:11 28:10 38:9 63:18 64:22 7:14 relevant represented rhone recycled 25:1571:12 9:9 101:16 90:14 57:8,14,25 remain repulping richard recycling 56:10 32:23 5:23 6:3 106:11 108:18 28:25 29:4 33:3 38:24 39:5 remember request right 46:19 63:22 64:5 26:20 28:10,1330:11,13 42:10,11 44:5 54:2 8:179:11,12 10:13,20 11:8 reduced 32:6,8 35:1 36:5,6,7,9 37:2 requested 11:22 13:8 15:10,15 16:4 118:6 37:4 38:23 39:13 44:23,24 30:22 115:18 18:25 20:9,13 21:24 22:2 refer 45:12,17 55:2 58:5 59:11 requests 23:8,15,18,25 25:17 26:10 13:12 59:11,15,1660:11,1765:1 6:13 26:14 28:5 30:5 32:3,11 reference 65:2,8 66:25 67:17 70:7 research 33:6,9 34:1,1 36:1 37:1,7 48:13 72:10 74:12 78:5 95:23,25 5:19 12:2,5 13:3 50:22 37:11,21 38:1 39:6,11 41:2 referenced 106:24 114:20 77:11,23 78:1 79:12 92:22 41:23 42:4,20 43:8 45:8,11 6:9 remembered 93:9 99:25 106:12 116:22 46:3,6,12,19,20,23 47:17 referred 33:11 resemble 48:15,23 49:2,7 51:6,14,16 13:9 15:11,13 19:1 108:24 remembrance 85:8 103:4 51:19,22 52:2,6,14 53:10 referring 5:961:1,7 residence 53:13,19,25 54:7,13,13 23:16 85:23 108:23 111:11 reminded 9:7 55:8,20 56:2 57:18 58:1,13 refers 59:14 residue 59:21 60:1,8 61:6,12,19 15:15 18:20 89:7 91:20 reminding 27:13 36:13 75:11 85:12 63:14,20,23 64:3,21,25 reflected 59:16 residues 65:23 66:9,11,15 67:8 68:5 23:11 34:2 49:3 55:24 repeat 22:25 23:7 24:8,10,25 54:9 69:6 70:1,13 71:4,7,10,21 reflects 64:2 85:7,10,13 86:7,14 104:20 72:1,15 73:6,18 74:9,25 40:23 48:18 94:21 replaced 112:3 75:6,17 76:9,11 77:1,25 refresh 65:14 resin 78:11 79:18 80:9,12 81:3,7 33:7 52:11 57:21 replacement 78:22 79:1,1,4 81:12 82:13 83:16,25 84:12 regard 40:2,5 resistant 84:25 85:6,17,21 87:1,21 25:18 replacing 87:1,13 88:5,10,12 89:5,10 90:8,14 regarded 65:16 89:2 respective 91:3,9,12,19 93:20,22 95:1 54:15 report 61:17 95:14,17 96:4,18,24 97:5 regarding 4:15,17,19,24 5:3,5,7,10,13 response 97:13,23 98:3 99:7,8,24 48:8 72:16 73:15 92:20,24 5:19,21 31:4 32:20 34:17 79:5 115:3 116:4 100:7,18 101:5,9,23 102:15 94:1 111:7 35:3,14,18,18 38:12 40:14 responsibilities 103:1,15,21 104:3,13,15,25 regulations 43:17 45:12 47:10 50:25 114:4 105:17,24 106:5,7,12,19 83:5 51:17 53:2,11 55:15 57:22 responsibility 107:7,21 109:1 111:1,6 reiteration 60:24 62:9 63:8 66:3 67:1 12:25 18:1323:1231:12 112:6 114:16,18 115:12 110:13 73:19,22 74:4 75:1 80:6 34:15 116:7,17 117:1 relate 84:22 99:25 101:7 104:5,6 responsible ring 104:4 104:8 107:12 111:15 115:4 12:20 20:11 87:23 15:7 relating 115:19 116:1,5 rest rings 25:23 reported 58:9 14:5,7 21:23 24:14 relation 1:25 34:19 42:21 49:14 result risk 20:3 57:24 59:3,8 67:6 109:7 16:24 35:2,3 39:5 59:1,13 28:25 73:2 74:13 86:7 Vodden, Herbert in APPLETON TOWOLDMON0050201 [risks - sort] risks schafer seriousness 30:19 2:208:11,11 17:1020:18 48:7 river 23:9 27:6 34:5,18 35:5 43:7 services 23:24 49:10,24 52:18 54:23 60:16 31:6,8,9 38:9 47:10,16 rivers 64:11 67:14 68:12 69:7,14 66:21 73:17 46:15 112:15 115:20 set roles science 83:3 112:25 118:18 61:17 93:13 Severn round scientific 23:21,24 41:15 107:11 shake rpr sea 111:16 1:25 2:7 118:3 18:22 19:2,3 20:2 share ruabon seal 49:12,13,22 90:21 13:4 21:9 72:2,12,13 95:22 118:19 shared 100:9 second 60:14,18,18 rubber 10:723:11 31:5 32:14 sheet 12:7 42:12 47:21 53:20 57:15 78:21 rules 71:11 80:18 88:3 97:7 short 2:6 104:14 106:8 111:14 21:21 46:25 54:21 104:6 run section 116:4 76:15 42:14 44:4 show running security 91:25 112:2 79:18 108:4 48:8 showed s safe 82:3 sale 28:3 43:5 96:9 sales 27:21 42:25 68:19 salt 58:15 samples 23:6 33:23 34:2,22 67:3 103:2 sampling 48:19 san 3:3 sanders 3:16 satisfy 80:1 saw 38:11 saying 57:19 99:16 says 7:15 32:19 56:4,15 61:22 73:21 97:7,24 101:16 107:18 108:16,19 scaled 89:18 scarcely 17:6 seeing 114:20 seen 99:1,3 114:19 115:16 self 56:9,15,15,16 selling 63:22 82:16 sending 116:21 senior 3:7 sent 32:23 104:9 116:1 sentence 45:22 71:11 75:9,14 81:9 97:7,8 100:19 111:13,21 sentences 109:22 111:22 separation 104:17 105:5 separations 17:1 September 11:24 sequence 21:16 29:8 series 33:23 41:6 115:1 serious 91:25 seriously 88:9,22 81:19 116:14 shown 104:17 shuffle 41:10 sic 98:16 110:6 side 44:13 sidley 2:19 signature 111:2 significance 17:4,5,8,15 significant 16:18 17:6,19 19:1220:3 20:25 21:1 81:23 86:14 88:8 92:15 94:3 105:13 109:24 111:17 significantly 16:11 21:11,13 112:4 silent 56:10 silicon 12:14,15 similar 12:16 105:6,9 simon 3:20 7:22 simple 54:18 simply 82:23 simulation 22:14 single 64:17 sir 11:7 71:5 73:13 76:2 77:2 83:7 84:11 90:24 93:2 95:14 98:19 99:2,21 102:6 103:19 106:2 108:10 110:22 112:25 116:13 site 24:18 sited 23:20 sitting 9:11 situation 9:24 25:7 36:13 75:11 88:9 six 14:12,19 15:7 70:20 sixes 21:12 skip 84:21 87:14 111:21 slight 96:12 slightly 16:15,24 small 17:6 32:17 72:8 sold 26:17 43:9 solubility 79:3 solvent 39:19,23 65:12 78:13,14 79:14,20 89:12 solvents 68:6 79:10 somebody 51:16 somewhat 30:15 soon 78:15 107:13 sorry 16:7 17:11 35:16 43:3 57:9 68:11,14 90:22 93:6,8 94:13,14 98:17 105:10 108:11 110:20 sort 22:14 24:13,20 28:21 32:17 45:16 57:8,14 58:7 65:7 66:16 70:7 74:15 79:22 Vodden, Herbert in APPLETON TOWOLDMON0050202 [sort - terminating] sort (cont.) 107:16 113:5,12 sound 19:19 sounds 54:18 59:22 source 22:23 55:4 58:19 76:16 77:3,6,12,20 south 2:20 23:18 25:2 32:23 span 21:22 speaking 50:2 special 105:20 specialist 116:22 specialty 61:18 species 21:6,20 specific 36:7 85:24 95:24 96:7 specifically 16:8 32:7 41:6 49:18 59:5 74:12 spices 58:14 spillage 30:14,19 spillages 25:23 spoke 28:14 ss 118:1 St 3:17 96:20 97:12,22 98:7 106:11,13,20 116:23 stages 112:1 stamp 30:9 33:18 35:22 37:15 64:17 stamped 50:10 standing 47:16 87:4 start 11:20 62:4 78:1 80:19 83:10 90:2,6 97:8 100:17 started 12:3 20:24 24:25 77:23 114:2 starting substantially talking 81:20 114:5 33:3 54:9,22 state substantiate talks 2:9 9:4 17:25 29:13 30:8 112:2 38:14 47:18 73:23 109:23 118:1,5 suggest tape 118:23 22:8 46:24 97:9 109:8 7:3 50:7,15 117:10 stated suggesting task 61:1384:19 97:18,19 23:11 76:10 77:24 statement suggests tasked 31:22 48:4 56:4 101:2 100:21 20:5 states suite teape 1:1 7:8 16:14,17 31:16 39:8 2:17 3:3,13,17 4:15,20,22 5:6,11 26:5,18 41:25 44:4 45:22 58:9 summarize 28:9,9,12,14,24 35:19 36:4 65:13,18,21 72:9,20,22 66:22 85:18 36:12 37:8,23 38:19 39:8 73:3 75:9 78:17,21 79:8 summary 40:1 41:1242:11 43:18 84:1 87:25 88:6,22 89:9,10 31:19 36:11 44:4 56:4 44:6 45:23 46:5,22 47:12 90:17 91:24 99:9 100:19 61:1376:1380:1491:17,18 47:23 48:6 49:1,6,19,23 101:11 102:12 103:2 summing 52:5,13 54:2 55:16 56:9 104:10,16 105:12 107:25 66:16 57:24 59:23 60:19 61:16 109:6 111:14,24 supermarket 62:12 63:1,9,21 64:4 65:14 status 60:2 67:5,19 72:18 74:17 75:2 4:24 50:25 51:17 66:19 supply 75:10 76:7 80:3 83:15 84:1 step 80:3 84:14 96:10,14 84:4 supplying teape's stop 90:2,6,7 37:24 42:7 46:7 48:22 82:15 support 49:15 stopping 39:9 technical 68:19 suppose 31:6,8,9,11 38:9 47:10,16 store 51:16 52:4 66:21 73:16 108:4 25:3 supposition technological story 82:1 88:24 39:9,14 sure telegram street 10:14 24:21 37:6 45:18,18 5:16 95:18 2:17 3:3,8,13 60:12 62:24 89:25 90:3 telephone streets 94:20 95:25 112:17 5:11 63:8 61:9 surfacing telephonically structure 89:8 3:14 105:9 swear tell studies 8:16 9:24 18:9 27:20 28:1 35:25 4:24 20:16 51:1 94:2 Sweden 40:21 43:23 51:5 53:8 study 18:17 19:17 55:22 56:20 61:5 63:12 94:5 100:10 112:9 sworn 64:24 67:24 68:4,9,13,18 stuff 8:22 68:22,25 78:25 system ten style 76:20 78:21 79:15 89:12 14:6 45:13 50:4 10:23 systems tended subheading 31:2 19:16 31:19 subject 30:2 subsequent 19:8,21 74:17 subsequently 84:5 substance 23:4 27:3 t taken 2 2 917 24 34 22 50 12 959 11221 118 9 talk 26:21,24 28:17 32:4 44:25 1175 talked 9:21 32:6 45:2 tepted 23:22 term 13:14 70:23 85:23 terminate 27:21 terminating 28:3 Vodden, Herbert in APPLETON TOWOLDMON0050203 [terminology - unchecked] terminology time (cont.) trade types 15:14 29:2 32:8 33:10 36:22 13:11 70:8 17:7 21:3 terms 37:10 38:12,18 39:13,19,21 transcribed typical 10:16 13:10 86:22 113:4 41:7 45:4 50:3,10 54:1 10:8 49:21 terphenyls 57:12,22 65:12,14 68:8 transcript typically 24:13 69:10 71:13,18 72:15 77:2 6:7,8 7:1 117:15,15 10:22____________________ tested 77:7,12,21 79:12,14,16 transfer u 60:7 testified 81:2,6,14 82:9 83:2 84:15 12:25 86:9 88:1 89:14 90:13 transform u.k. 16:16 17:9,16 20:7 42:25 8:23 41:24 75:18 83:14 86:1 testimony 10:25 77:10 92:14 93:23 94:22 95:3 25:22 99:16 101:4 104:10 105:22 transformer 107:9,17 109:16 110:11 25:22 110:5 114:10,11,25 115:5,23 transformers 44:14 59:10 u.s. 17:9,16 88:9,22 ubiquitous testing 60:6 tests 12:6 timetable 78:5 timing 37:7 77:8 86:11 97:20 treforest 4:22 38:5 46:9 47:13,23,24 47:24 48:1,2,14 49:2 57:20 59:4 uh 93:1,1 um tetrachlor timings trichlor 11:13 13:8,16 15:8,1220:9 21:20 22:10 33:12 thank title 9:13 29:19 56:16 80:5 50:24 93:4 108:16 101:19 102:8 113:14 117:4 titled 14:1622:11 trichlorodiphenyl 54:15,18 85:11,23 tricks 20:15 27:1 28:18 31:20 32:3,13 33:2,6,20 34:1,1 36:1,1 37:1,13,18 40:9,22 41:2 42:6,17,20 43:8,25 117:8 93:10 103:2 79:9 44:8 45:8,11,25 46:20,23 thing 10:7 24:20 40:4 45:20 65:17 74:15 79:22 95:23 96:1,8 113:5 today 9:4,9 11:10 70:23 85:15 117:4 today's tried 24:21 28:11 107:16 trigger 33:9 48:12 49:9 51:6,6,16 52:2 52:10,17 53:10,10,13,19,25 54:3,7,13,25 55:8,23 56:2 58:1,23 59:21 60:1,3,8,10 things 7:12 11:2 28:21 58:16,18 66:12 116:4 told think 69:2 9:14 13:1 14:12 18:22 28:8 tolworth 28:8,9 29:2 33:9 34:12 56:8 trip 107:25 trips 97:2 true 61:6,19,21 63:14,14,20,23 64:3,6,8,21,25 65:23 66:9 66:11,15 67:23 68:1 69:6,8 70:1,13,18 71:2,7,17,21 72:1,5 73:20 74:1,6,9,25 38:20 42:24 50:1 54:21 56:14,15 57:12 59:5,14,15 60:10 62:15 65:3 67:16 68:7 72:8 74:13 85:21 tom 8:13 108:11 tons 32:22 42:6 77:2,12 109:16 114:9 116:8 truth 9:25,25 75:3,6,8,17 76:9,11,14 77:1 78:11 80:12,15 81:3,7,12 81:15 82:13 83:13,16,25 84:12,16,20,25 85:3,17 90:16 92:4,14 93:16,23 top truthful 86:3,21 87:19 88:15,18,21 94:3 96:21 106:25 107:10 108:18 115:17 third 3:14 25:13 37:14 51:20 thomas 3:166:5 115:11 116:2 32:18 37:17 44:7 45:9 10:4,19 51:23 53:20 73:15,21 76:12 try 100:13 102:12 104:1 9:22 10:17 65:6,11 82:3 total tsd 42:25 93:13 107:4 47:14,16 67:2 toxic tuesday 89:5 90:8 91:6,12,15,19,23 92:4 94:20,23 95:17,17,20 96:18 97:5,13,23 98:5,8 99:17 100:1,12,15 101:1,5 101:9,14,23 102:3,11,15,20 102:23 103:12,15,15,21,23 threat 94:18 three 14:10,17 22:5 24:14 52:11 63:16 90:22 113:8,13 toxicity 81:10,16 82:6,17 107:5 113:6,11 toxicological 1:19 turn 32:14 33:15 37:14 41:20 42:12 45:5 46:1 51:20 53:20 54:4 57:9,15 73:13 103:25 104:3,13,22 106:5 106:10,15 108:15,18,21 109:3,18 110:9,12 111:1,3 111:9,12,20 115:23 116:9 116:17 117:1 tight 48:8 tightened 24:7,20 94:17 toxicologically 82:22 toxicology 74:20 76:12 80:4,16 83:7,9 83:22 85:4 88:3,19 91:7,16 94:10 101:6 twelve unaware 115:1,18,22,25 116:6 uncertain 33:4 82:11 time 5:15 95:8,12 uncertainty 7:13,18 11:11 12:8,10,12 traces 12:22 13:2 18:12 19:16,25 46:7 57:5 91:20 21:22 25:7 26:3,5 28:15 type 5:16 14:14 15:14 95:18,23 96:1 100:8 82:6,18 unchecked 82:7 Vodden, Herbert in APPLETON TOWOLDMON0050204 [uncontrolled - write] uncontrolled verify wanting Wisconsin 27:23 19:23 63:2 1:2 2:9,177:10 118:1,5,23 underneath versa wash wish 48:3 10:11 32:25 41:1344:6 understand versus waste withdraw 10:2,12,14,16,18,19 11:6,7 7:6 87:4 23:13 24:25 25:10,15,25 82:3 13:15 93:25 vice wastepaper withdrawal understanding 10:11 28:20 83:6 13:6 62:10,20 63:21 64:4 video water withdrew 75:15 76:24 80:24 81:4,13 1:18,25 2:25 48:5 89:23 90:2,6 82:8 84:14,17 86:5 89:6 videographer watercourses withhold 92:5 101:3 102:1 103:14 3:20 7:2,19,22 8:15,24 50:6 25:5 41:1767:11 110:10 50:14 69:12,15,18 95:4,6 waterways withholding undertake 95:11 112:19,22 113:17,21 30:20 67:17 20:5 83:17 117:9 watkins witness undertaken view 3:2 2:2 3:18 8:14,16,18 17:11 20:17 94:24 92:6,7 wcg 17:23 27:8 34:6,12,19 43:8 undertaking views 1:7,137:11 45:16 46:11 49:17 50:1 37:24 44:6 weeks 54:25 60:17 62:1,14,22 undertook visit 36:21 64:12 67:16 68:13 69:8 19:23 30:2 31:16,22 32:4 38:8,11 went 77:1482:13 115:22 118:18 undesirable 44:21 47:14,23 106:18,20 22:8 97:3 107:13 wonder 76:20 84:9 107:13 we've 51:15 unintentional visited 70:22 116:15 wondering 24:22 25:24 30:18 38:5 108:2 whereof 62:19 united visits 118:18 wood 1:1 7:8 16:17 23:17,18 43:2 4:22 25:19 37:24 47:12,22 whiting 6:4 30:3 114:15 116:19,22 43:5 45:14 58:25 65:18,21 97:3,4 1:8 116:22 72:20 73:3 78:17 79:8 vodden whitney woodland 87:25 89:9 90:16 107:25 1:18,25 2:1,25 5:12,22,25 7:6 3:13 university 6:3 7:4 8:3,18 9:3,6 18:1 whoops word 11:17 29:11,21 30:12 35:12 40:12 43:20 13:24 unnecessary 43:15 47:7 50:8,16,19 wide words 48:9 52:25 55:13 60:22 63:6 18:5 47:3 usa 64:15 66:2 67:11 69:22 widely work 103:3 108:19 113:25 117:3,11 58:11 80:23 12:3,6 13:19 19:19,21,23 usage vodden's widespread 20:1,12,21,24 21:9 22:2,21 56:1061:15,23 62:11 106:18 39:17 88:7 34:3,6,9,20 57:1 58:20 60:4 use volume wiggins 60:9 67:2 71:23 72:2,3,6,8 10:16 13:14 26:6 28:3 7:3 50:7,15 117:10 4:15,20,22 5:6,11 26:5,17 72:11,13,16 73:2,10 92:8,9 30:16 37:12 39:17,19,22 vs 28:9,9,12,14,24 35:19 36:4 92:17,24 93:2,4,15 94:1,25 42:8 77:7 78:15 85:13,22 1:7,13 36:12 37:8,22,24 38:19,20 105:22 108:1,2 111:14 86:8,10,12 89:16,20 uses w 39:8 40:1 41:12 42:7,11 worked 43:18 44:5 45:23 46:5,7,22 12:1 25:841:14 113:4 usually 5 13 20 22 64 19 47:12,23 48:6,22 49:1,5,15 working 49:19,23 52:5,13 54:2 12:6,11,14 13:2 52:12 88:1 103:6 109:7 V varied 151 variety 18:5 66:12 various 34:23 58:11 83:2 verification 5:23 6:3 11:17 13:4 23:1925:2 32-24 want 39:8 97:25 99:5 100:16 101:15 102:24 104:11 105:11 106:16 wanted 55:16 56:8 57:23 59:22 60:1961:1662:1263:1,9 63:21 64:4 65:14 67:5,19 72:18 74:17 75:2,10 76:7 80:3 83:15 84:1,14 96:10 96:14 wildlife 18:19 19:18 91:21 103:4 109:7,11,24 113:25 114:2 works 72:12 world 83:3 worried 90:4 write 107:3 83:17 39:14,1641:1268:5 78:13 Vodden, Herbert in APPLETON TOWOLDMON0050205 [writing - yep] writing 118:6 written 18:4 57:22 61:11 94:22 107:8 115:8,10 wrote 36:11 51:1762:11_________ y yeah 33:20 42:20 48:15 51:14,19 61:21 90:8 96:18 97:5 100:5 116:3,17 117:1 year 11:18 years 12:19 16:6,10 85:14 yep 29:7 32:3,13 37:18 48:12 53:25 55:23 58:1,23 60:1 61:12,21 66:11 81:3,7 83:13 84:12 85:3,17 88:5 91:23 92:4 94:14 95:4 105:24 Vodden, Herbert in APPLETON TOWOLDMON0050206