Alisa L Rich - Deposition Dated January 18 2011.

Job No.
9626 Commission Called Hearing

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1 2 3 4 5 6 7 8 9 10 ORAL AND VIDEOTAPED DEPOSITION OF 11 ALISA LARRAINE RICH 12 13 14 15 16 17 18 19 20 21 22 23 24 25 January 18, 2011 Afternoon Session - Volume 2 (Pages 96 - 276) _____________________________________________________ VOLUME 2 OF THE ORAL DEPOSITION OF ALISA LARRAINE RICH, produced as a witness at the instance of the, and duly sworn, taken in the above-styled and numbered cause on January 18, 2011, from 1:21 p.m. to 5:41 p.m., before Joseph D. Hendrick, Certified Shorthand Reporter No. 947 in and for the State of Texas, reported by machine shorthand, at the offices of Law Offices of Taylor, Olson, Adkins, Sralla & Elam, 6000 Western Place, Suite 200, Fort Worth, Texas, pursuant to Notice and the Texas Rules of Civil Procedure and any provisions stated on the record or attached hereto. Job No. 9626 DOCKET NO. 7B-0268629 COMMISSION CALLED HEARING BEFORE THE TO CONSIDER WHETHER OPERATION OF THE RANGE PRODUCTION COMPANY BUTLER UNIT, WELL NO. 1H(RRC NO. 253732) AND THE TEAL UNIT, WELL NO. 1H(RRC NO. RAILROAD COMMISSION 253729), NEWARK, EAST (BARNETT SHALE) FIELD, HOOD COUNTY, TEXAS, ARE CAUSING OR CONTRIBUTING TO CONTAMINATION OF CERTAIN DOMESTIC WATER WELLS IN PARKER COUNTY, TEXAS OF TEXAS _____________________________________________________
Alisa Rich January 18, 2011 1 (Pages 96 to 99)

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INDEX Appearances (Vol. 2) .......................... 97 ALISA LARRAINE RICH Examination by Mr. Sims (Continued) ....... 101 Signature and Changes .........................271 Reporter's Certification ......................273 EXHIBITS NO. DESCRIPTION PAGE 7 Lipsky well water laboratory test 167 results - surfactants MBAs and CTAs sample collection date August 10, 2010 8 Lipsky well water laboratory test 203 results - surfactants MBAs and CTAs sample collection date August 14, 2010 9 Lipsky air monitoring study August 14, 235 2010 10 Air monitoring summary - cannister 240 comparison 11 Lipsky well water laboratory test 244 results - surfactants MBAs and CTAs sample collection date August 14, 2010 12 Lipsky well water laboratory test 244 results - methane, ethane, ethene sample collection date August 10, 2010 13 Photograph depicting flare 245 14 Wolf Eagle Environmental Comprehensive 247 Well Water Analysis September 2010 Final 15 August 31, 2010 letter from Armstrong 247 Laboratory to Alisa Rich, re: Environmental testing, Hayley Well, Weatherford, Texas
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APPEARANCES FOR THE PLAINTIFF: David T. Ritter, Esq. TAYLOR, OLSON, ADKINS, SRALLA, ELAM 6000 Western Place, Suite 200 I-30 at Bryant-Irvin Road Fort Worth, Texas 76107 817-332-25780 dritter@toase.com FOR THE DEFENDANT: Andrew D. Sims, ESQ. Troy Okruhlik, ESQ. HARRIS, FINLEY & BOGLE, P.C. 777 Main Street, Suite 3600 Fort Worth, Texas 76102 817-870-8700 asims@hfblaw.com John Riley, Esq. VINSON & ELKINS LLP 2801 Via Fortuna, Suite 100 Austin, Texas 787746-7568 512-542-8400 VIDEOGRAPHER: Greg Simons MERIT COURT REPORTERS, LLC 307 W. 7th Street, Suite 1350 Fort Worth, Texas 76102 Phone 817-336-3042 Fax 817-335-1203 video@merittexas.com
16 September 2, 2010 Anachem Analytical Report; re: Hayley 17 September 3, 2010 Xenco Analytical Report; re: Hayley 18 Photograph depicting flare, observer with camera and greenhouse in background 19 Photograph depicting green hose connected to well 20 August 12, 2010 e-mail from Rich to Lipsky; Subject: Gas fired microturbine
248 248 249
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21 August 27, 2010 e-mail from Ritter to 252 Rich; Subject: Re: ("Hi Alisa - please give me a call today when you get a chance") (with redactions) 22 August 27, 2010 e-mail from Mary-Ellen 253 McComb to Lipsky; Subject: [Fwd: Gas fired microturbine] 23 September 9, 2010 e-mail from Rich to 258 Lipsky; subject: BTEX results along with RCRA12 24 January 7, 2011 e-mail from Rich to 264 Lipsky; subject: Invoices and dates of testing
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Job No. 9626 Commission Called Hearing

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indoor as well as the outdoor. They will not be combined on one results. I would have to double-check for the Dallas Lab, and if you would like I can do that real quick, just because I -- I think we did on 10/10 because we were having problems with the Dallas Lab -we did. We -- we submitted it for the Dallas Lab on 10/10 for the indoor as well as outdoor, for sure. Q. Did you get results from the Dallas Lab on both of those? A. Yes, sir. Q. And where are those located in your book? A. They are under section 14. Q. Okay. And what are the results from the Dallas Lab for both the indoor tests and the outdoor tests for the methylene blue active surfactant? A. Mm-hmm. The Dallas Lab reported negative on MBAS, and I believe I ran CTAS as well for the outdoor, and Dallas Lab recorded a negative on the indoor 10/10 -- I'm sorry, 8/10, for the MBAS and CTAS as well. Q. So the Dallas Laboratory found no surfactants in any of the water, either the outdoor or the indoor samples? A. Yes, that's correct. Q. After you took the water and air samples on
REQUESTED DOCUMENTS/INFORMATION NO. DESCRIPTION PAGE 1 Produce a printout of everything in the 169 Lipsky cloud
1 2 3 4 2 Provide or make a copy of all the 198 5 documents you provided to Mr. Tashima 6 as a part of your deposition in this 7 case 8 9 CERTIFIED QUESTIONS/INSTRUCTIONS NOT TO ANSWER 10 11 NO. PAGE/LINE 12 None 13 14 15 16 17 18 19 20 21 22 23 24 25
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VIDEOGRAPHER: Back on the record. 1:21 p.m. Q. (BY MR. SIMS) Ms. Rich, have you now told me about all of the water and air sampling that you did on August 10, 2010? A. For August 10th, yes. Q. In connection with that water sampling that you did, did you have all the same tests run on both the outdoor samples and the indoor samples? A. You know, the one exception that I don't know about is whether we ran NORM on both of them. If you want to take a minute, we can look. Q. When you say "NORM," what are you referring to? A. The -- it would be the lab that we used, would have been the ARS lab, and it's the naturally occurring radioactive material, which basically identifies beta and gamma radioactivity. Q. Okay. So should there be, in connection with the water sampling that was done, should there be -- for example on the MBAS test, will there be two MBAS test results from the Armstrong Laboratory and two MBAS test results from the Dallas Laboratory? A. Again, I would have to double-check on the Dallas. Yes, there would be separate results for the
August 10, 2010, what did you next do in relation to your work with Mr. Lipsky? A. August 11th, we came back and picked up the canister for the air because it's a 24-hour, so we would have to had to retrieve the canister the following day. Q. Okay. When you say "we," who is "we"? A. My technician and I. And then the 26th was the next time that we did any testing at the property, and that would have been again a water test on the 26th of August. Q. When you picked up the sample on August 11, 2010, did you have any conversations with Mr. Lipsky or anyone else on that date? A. Oh, yes. Mr. Lipsky. Q. What were the nature of your conversations with Mr. Lipsky on August 11, 2010? A. Very similar to the day before, his concerns for whether or not it was safe to bring the family back. I believe he was staying in -- I -- I believe I advised him to stay -- they actually have a pool house instead of the main house, and his -- and we had discussed the fact whether or not he should stay in the main house. Since the -- Shyla wasn't there, my suggestion was that he -- the pool house might be a
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good alternative since it had better airflow and I was very concerned of the airflow in that house given the fact of its -- how large it is and the fact it was August, of course, and the air conditioning was going and the doors were shut. So, pollutants have a tendency to increase concentration. Q. Did you have any conversations with Mr. Lipsky or Mrs. Lipsky between August 11, 2010, and August 26, 2010? A. Yes, we've had several conversations. They would call and ask if the results were back. They were very, very concerned about when -- again, Mr. Lipsky, I don't recall speaking with Ms. Lipsky until the 26th of August, I don't recall speaking to her at all. Q. Did Mrs. Lipsky call and want to know when the results were back, or did she -- did she call ever -A. No. Q. -- asking about that? A. No. Ms. Lipsky, again, I have not spoken to her on the phone that I recall except for one time when she asked me to send the results directly to her, but that was after the results had already come back. So she gave me her cell -- her e-mail address so she could be copied at all times. She asked if I would
I was very concerned over the fact that they had lost a hamster because high -- high VOCs can actually cause asphyxiation. He -- he informed me of -- I informed him that little rodents like that were a good indicator to issues, so I made the statement that it's a good idea to keep the family away until we had results. That hamster died sometime after -- I believe it was after the 14th of August. Q. Did you tell him you were going to get the hamster, get some kind of autopsy done on the hamster? A. I -- yes, I have an exciting life. Yes, I actually asked him to keep the -- keep the hamster in the refrigerator until I could pick it up. I believe sometime -- I actually called Armstrong Laboratory to ask if they could -- they could autopsy the hamster, and it's very difficult to autopsy the animals and protract any VOCs from them, especially after you froze it. And he actually put it in the freezer, and then I told him, "Take it out of the freezer and put it in the refrigerator," and I believe Ms. Lipsky said, "You get out here and pick this thing up now or it's going in the garbage." So I didn't have an opportunity to retrieve -- retrieve the hamster. So it never had an autopsy performed.
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please copy her at all times for all e-mails, especially the -- obviously the test results. And the only thing -- I -- he just called oftentimes and said, "Are the results back? Are the results back?" And it takes two full weeks, it takes 10 -- it takes literally 10 working days, which equates to two full business weeks, to get the results back. So he was very, very concerned about how quickly he could assure his family's safety. Q. So from the time you first took samples on August 10, 2010, it was about two weeks before you had any results back? A. Yes, sir. Q. Other than Mr. Lipsky calling wanting to know when the results would be back, do you recall any other specific content of conversations with him between August 11, 2010, and when you were back out at the house on August 26, 2010? A. Yes, I do remember one conversation. He called to tell me that their hamster had died, and that was very concerning because the hamster was actually in the -- in between two bedrooms of their house, the children's bedrooms, and the hamster was a -- an average -- the hamster was a young hamster, it wasn't an old hamster, but it had just died in its sleep. So
Q. So you don't know why the hamster died? A. No, sir. Mr. Lipsky, I believe, did go to the -- either Ms. Lipsky or Mr. Lipsky, I do not remember which, actually went to the pet store to ask, because it wasn't a very old hamster, and they did confirm that it wasn't very old. But, no, I did not autopsy the creature. Q. Between August 11, 2010, and August 26, 2010, do you recall any other specific conversations with Mr. Lipsky or Mrs. Lipsky? A. Well, we actually did a test on August 14th of 2010, and that would have been an outdoor air test, I believe. So I would have had a conversation -- no. I'm sorry. My tech actually did that test. I was not there. And I know that he had a conversation with Mr. Lipsky, obviously, because he was on premises with him. Q. Okay. So your son did an outdoor air test on August 14, 2010? A. I believe so. Q. And what did he -- what did he test for on August 14, 2010? A. Volatile organic compounds. It was an air test, a 24-hour air test. Yes. It was the 14th. Q. Where were -- where was the canister placed
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for the outdoor air test? A. The canister was placed due north of the well, of the water well. Not the -- not the well house, but the water well, exterior of the water barn, the water house, approximately 20 feet. Q. Twenty feet from what? A. The well. Q. And his test was done on August 14, 2010? A. Yes, sir. Q. Were there any GPS locations or anything taken of where the canister was placed? A. Yes, sir. Q. And are those -A. I can -Q. Are those in the notebook? A. I actually don't believe they are in the notebook, and I -- I know -- I don't know where they are. I just flipped through the notebook during the break and I didn't see them in here, and they're not on -- we -- I can get -- I can get you the location of them. I believe they are on the pictures, the ones that we're having problems downloading. So he probably has the GPS locations. Q. So do you have actually, do you have photographs in and around the house as well?
Wolf Eagle is the only one that we actually communicate on. Q. Has your son relayed to you any specifics of any conversation he had with Mr. Lipsky on August 14, 2010? A. No, not particularly. The only thing that they obviously were doing was setting the canister. Mr. Lipsky had put together a hose that was attached to the main part of the -- the wellhead, gas well -- or, sorry. Water well. Well, it could be called a gas well. But water well. So he had attached a hose to the main wellhead for us to obtain samples easier. He had mentioned that he wanted to take a few more samples after he had done something with the well or something, I don't recall exactly what, but nonetheless he made it a lot easier for us to facilitate any kind of sampling that we needed to do in the future instead of crawling on top of the barrel and nearly falling in. Q. Okay. But on August 14th was the date that you did air -- he went out to do air sampling that day. A. Yes, sir, that is correct. Q. Okay. And on August 14th, did the water well have a hose hooked up to it? A. Yes, sir. Yes, sir. Q. Okay. Is that --
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A. Well, we have -- we have a few photographs. We do not have a lot of photographs of the property. That is with the video that we're having difficulty with. So he's trying to download those current -today, as a matter of fact. So they will be submitted on the thumb drive that we agreed to send you. Q. Have you checked your computer to see if you produced all the e-mails and everything -A. Yes, sir. Q. -- that are called for by the subpoena? A. Yes, sir. Both computers. Q. What -- you have two computers? A. That's correct. We have two computers that we work with. The documents are primarily on my laptop. I -- I have gone through both computers to make sure that you have all the documents that we have, as well obviously the e-mails are -- it's irrelevant which computer you use. Q. What are your e-mail accounts? A. Just Wolf Eagle Environmental. Q. Is that the only e-mail address you have? A. We have -- we have a gmail account but it's -- it's a push account. We don't actually send anything out on it, it's just an automatic push for any kind of search that you put out on the Internet. So
A. A green hose. Q. A green hose? A. Yes, sir. Q. Okay. And was that a green hose that water would come out of? A. Well, primarily the only thing that came out of that was gas. There was a -- the -- there was very little water coming out of -- by then he was having a lot of difficulty with any kind of pressure in the well, and he had literally gas flowing out of it. Q. Did water ever come out of the green hose that was hooked up to the wellhead on Mr. Lipsky's water well? A. It would spit. Again, it depended on the pressure of the well, of course. Q. When did Mr. Lipsky hook up the green garden hose to the water well? A. I'm sorry. I -- sometime between the 11th and the 14th. I don't know exactly when. Q. Do you know where he hooked up this green garden hose, to what portion of the wellhead? A. No, I don't actually. I don't know how to describe it. But it would be the very top portion. No, sir, I -- I can't really say. Q. Do you know if Mr. Lipsky hooked up this
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green garden hose to a portion of the water wellhead where water would normally come out? A. Oh, yes. Oh, yes. Now, again, I don't know if he actually hooked it up or if he had somebody hook it up. There is a difference, and I honestly don't know which. He might have had his well service hook it up. Q. You just don't know? A. I don't know which -- I don't know exactly who did it, no, I do not, but sometime between the 11th and the 14th we did -- we were able to access the well, the water from the well a lot easier. Q. The water, or gas coming off the well? A. Well, very good question. At the time that -- I believe the 14th when he was out there, I believe it was very heavy in gas. I do not know the -I don't know if there was any water that came out at all during that time. I would have to go back to the video. We do have a video at that time that that's the one I am trying to produce for you. So we -Q. Your son wasn't out there collecting water samples on the 14th? A. No, sir, we were doing -Q. He was collecting an air sample. A. That's correct. We were sampling air at
already a -- gas flowing out of the well even with the hose hooked up. It was leaking. So even with the hose off we had -- we had plenty of emissions; I certainly didn't need any more coming out of the hose. So he was instructed not to turn the hose on while the -- while the monitor was actually working. Q. So -A. So do I have an e-mail? No, I don't recall an e-mail of any -- of any kind saying do or do not do anything. I don't have one, I could find one, no. Q. I'm not asking you whether you found one. I'm asking you did you ever write him an e-mail? A. I do not recall ever writing in an e-mail anything about that. I remember having a conversation with him, as I have a conversation with all my clients, "Please, we're going to remove the candles. If we are going to do an indoor air test, I want nothing confounding." It would have been the same thing with -- with the hose and the water. Again, you know, "Don't run the hose, don't run the water." We set the canister I believe about 3 o'clock in the afternoon, so it was later on during the day. Q. Did you ever write Mr. Lipsky an e-mail advising him of a strategy to get the EPA involved in his case?
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the time. Q. And how close was the green garden hose placed to the air canister on the date of sampling? A. Well, again, they would be about 20 feet apart, but they -- the hose wasn't on. Q. Where was the end of the garden hose in relation to the canister on the date that the air sampling was done? A. The hose is only 3 feet long. Maybe a little bit longer than that. Not much. It wasn't a full size hose. It was a ... a partial piece of hose. Q. Did you ever write or communicate with Mr. Lipsky about placing or getting an air sample in close proximity to the garden hose? A. Did I ever write to him about that? Q. Yes, ma'am. A. No, he -- I do recall a conversation he said -- he had about that, and I said, "No, no, no, no, no, no. We" -- "we want enough room that" -- "I don't want the" -- "I don't want the well on at any time, I don't want this hose on at any time." And of course, you know, the -- the monitor was far enough away that it fair -- it was fairly irrelevant at that point whether or not there would not have been -- well, how do you say this. There was
A. Mr. Lipsky -- I don't recall an e-mail, no. Mr. Lipsky actually asked me a question about the EPA. I don't recall ever saying, "Hey, you need to call the EPA," no. Did he ask me about that? Yes. Did he ask my opinion? He probably asked my opinion about it. But I don't recall ever producing an e-mail -- well, I know I don't have an e-mail, I will tell you that. I did not find any e-mail other than the ones that I submitted, and I don't recall any -- in the e-mail anything about the EPA, but we did have a conversation about the EPA, yes. Q. And what day did you have a conversation about the EPA? A. I don't recall exactly when. I can tell you I had high concerns for imminent danger. In any situation where you have an imminent danger, standard operating protocol is to contact the local authorities, which I believe he contacted the Fire Department at one time, Parker County -- I believe it would be Parker County Fire Department. I know that he notified the EPA emergency, which would be -- again, which is in a situation of imminent danger, which I believe he and his family were in. He most -- I don't know when he contacted the EPA, so I'm assuming he did, I believe he did, given the action of the EPA. But it was nothing
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on my initiation of, "Hey, you need to call the EPA," "Hey, you need to call this and this." Q. You never advised Mr. Lipsky of a strategy of how to get the EPA involved in his case? A. I don't recall ever advising him of a strategy, no. What I have said to him, "EPA emergency number is this," or if he has asked, "Who do I call at EPA," I would say, "Call EPA emergency number." That's all I would know to call. Q. Did you ever advise Mr. Lipsky of a strategy to take air samples, and how to take them, to get the EPA involved in his case? A. Q. No, sir. No, sir. After the air samples were taken on August
14th, is the next sampling that was done was on August the 26th? A. Q. A. Q. 26th? A. I believe I repeated the same indoor test on the 26th. So that would have been in the -- indoor. Indoor water sample. And I'm pretty confident that it was at the bar, as well. That's correct. And what sampling was done on August 26th? That would be water sampling. And what water sampling was taken on August
I may have had the air back. I know that would have been pretty close on the water. The date on one of the reports for the water is the 24th, so I doubt that I would have had that. It would have been very close. Q. Do you recall any specific conversations with Mr. Lipsky on August 26th? A. I believe Ms. Shyla -- that was the first time I met Ms. Shyla, I believe. Q. Is that Mr. Lipsky's wife? A. Yes, Ms. Lipsky. Q. Do you recall any specific conversations with Mrs. Lipsky on the 26th? A. She -- she did ask several questions in regards to the findings. Again, you know, they're -they come in -- every lab, it comes in different as far as the return date. So I don't recall if I had -- I just don't recall how much I had to share with her. They did not get a copy of those for quite some time after that week, I can tell you that. Q. Do you recall any other conversations with Mrs. Lipsky on the 26th? A. I remember her asking a lot about whether or not it was safe to bring the kids back. Of course, they were starting school. Yes. We talked about
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Was -- were any -Let me confirm that just a moment. Yes. It was at the bar water. Q. Were any outdoor samples taken on the 26th? A. No, sir, I don't recall any outdoor samples at all on the 26th. Q. Why was the in -- why was the indoor samples repeated on the 26th? A. Because he -- I believe he had done something, he had had the well guy out in between the date that we did the sampling on the 10th and the 26th. I believe the well guy came out, but I'm not absolutely sure about that. So he wanted it retested to see if it was -- if it was cleaner, if it was better. The children were starting school shortly and he wanted to bring the kids back if it was safe. Q. By the time you did the indoor water sampling on August 26th, had you received the results back at that point in time from the other sampling? A. I would have to check the date on that. From the air testing you are -Q. Air testing and water testing that was done on the 10th and the 14th. A. That was pretty close. Let me double-check the air. It's easier to ascertain.
Q. A.
opening the house up a lot. I had them open the doors absolutely wide open. The house has been built to be very solid. So I told them that what I wanted to see, because, again, this house is large and it is in what I would have -- I would use the term it has "wings," extended areas where maybe the airflow wasn't as great. I advised them to open the house up and to get the blowers going, and that means the air conditioning running with -- with the doors open, with the windows open to get circulation through the house, because in the win -- in the middle of summertime, as within the middle of wintertime, if you have a concern for stagnant air, we can have volatile organic compounds build up in that environment, and I wanted air flowing. So they had the doors wide open, they had the windows open and they were running the air conditioning, and that was my advice to them until we were absolutely confident of what was going on. Q. So it was your understanding that as of August 26th, they were -- they were back in the house at that point and -A. You know -Q. -- opening up the windows and -A. Ms. -- Mrs. Lipsky was at her parents' house for quite a while, so again, we've got a lag
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time. I don't recall exactly when she came back. I remember the time being appropriate to the time the children were going to school and she had a concern that she wanted -- obviously, she needed the kids to start on time. So, you know, when exactly she came back, I don't know the date on that. I do remember having conversation with her on that. Q. You believe she came back to live in the house sometime on or about coextensive with the start of school? A. I don't know that they were actually living in the house at that time. They may have been again in the pool house. Q. You just don't know one way or the other? A. I don't know the date, no, sir. Q. Do you recall any specific conversations with Mr. Lipsky on August 26th, 2010? A. I think that's when we actually looked at the -- the -- the Railroad Commission. Again, he showed me the Railroad Commission or the data that you can get off the Railroad Commission, the -- the maps and things like that. I would -- I asked him a lot of questions about the water quality, if it was still there, I was -- you know, that -- I don't recall anything more than basically what we have covered
at 6 o'clock for ... for the effect. Q. Why didn't you think it should be aired on the nightly news for the effect of it? A. I don't believe in -- I don't believe in the -- well, I think the media does a great job, but there are times that a situation is not necessary and not warranted to be put on public news. I think this is one of the cases that is a very serious concern and it was one that warranted a lot of proper discussion and observation and having all the test results back before anybody made any kind of assumption. And he was getting a lot of encouragement to air the test results from different entities, all -many different entities in Fort Worth. He was calling me and saying channel so-and-so just called, channel so-and-so just called, you know, "What do I tell them?" And I said, "Absolutely nothing." In fact, we prevented many of the test results getting out until he calmed down a little bit and was able to really think about the ramifications of this. Q. What all testing did you have done on the interior water on August 26th? What different labs did you send it to? A. On the 26th we sent it to Anachem. We sent it to Xenco. And again, we would have tested for the
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before. It would have been the same conversation of what are the test results, what are the test results, what did they show, what did they show. And I don't recall anything else other than obtaining an attorney, I probably told him that, because he was very, very upset, and it's always a good idea to have an attorney. So we probably had several conversations about retaining an attorney. Q. Did you give him some names of attorneys to contact? A. I don't believe I gave him any names. I -I believe somewhere along the line Mr. Ritter was introduced to him and it might have been through the association that I talked about before. I don't know. I don't recall. But Mr. Ritter was obviously part of the conversation. I believe there was -- there was a couple of other attorneys, I don't know, I believe they might have been in Houston. I don't know their names. But he said that he was talking with counsel and I had advised him to stay away from the media, to not share any test results when they came in. Q. Why is that? A. Well, because it was really none of the media's business. This was a serious situation, it's not one that needs to be aired on channel-whatever news
same things that we did on the 10th. The laboratories are specific. Armstrong. I think those are the three that we did on that one. Q. Did you send the interior water to Dallas Lab on August 26th? A. No, sir, I stopped using Dallas Lab. The Lipskys' case, I believe, was the last case I ever submitted to Dallas Lab for any work. Q. Is there anything else about any conversations you recall with Mr. or Mrs. Lipsky on August 26th that you haven't told me about? A. I can't think of a thing, no, sir. Q. Following your conversation with the Lipskys on August 26th, 2010, what is the next time you had any conversation with the Lipskys? A. Again, they would have called, you know, "Is" -- "Are the test results back? Are the test results back?" I was -- I can tell you when the next time. I was at the Haileys on -- I have to look the date up on the Haileys because I don't recall. August 26th. And I had a conversation -- I saw Mr. and Mrs. Lipsky at that time, and the EPA arrived or people from the EPA arrived, I believe they were from the Water Division, and I don't think that -I don't think he had necessarily called them for that
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date, it's just that I happened to -- I was testing the Haileys' property at the time and I swung by the Lipskys' property, which is literally just right up the street, to try to get a hoe because there was a rattlesnake in my way. Q. So the -A. Well, preferably a gun, but he didn't have one. Q. So the Haileys that you mentioned are neighbors of the Lipskys? A. They are. Q. And you had been to the Haileys' house on August -A. August 26th. Q. Of 2010? A. That is correct. Q. And you were at the Lipskys' house on August 24th of 2010? A. I was testing on the 24th, but I also went there on the 26th. Q. Had you called the EPA to come out -A. No, sir. Q. -- to the Lipskys' house -A. No, sir. Q. -- on August 26th?
Q. Did they do any sort of testing -A. No, sir. Q. -- or anything? A. No, sir. Q. Did you talk to them? A. I was sitting around and they en -- they engaged me in conversation just to -- you know, general "Who are you" type conversation, "What are you doing here," and I had to explain to them that I was actually not really there for work, I was up the street for work. Q. Did they ask you about any of your test results or what you had determined? A. They asked me what I test for. They did not test -- ask me what my test results were, and at the time I'm not sure I had all of the test results back. Generally, unless you have the whole bank of test results back, you don't know -- I don't share the results with my clients until they are all back, because of course I can't -- I can't make a determination until I see all the tests, what they actually are confirming or not confirming. Q. Would it be improper and imprudent to reach conclusions and opinions before all the test results are back?
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A. No, sir. Q. Who contacted the EPA to ask them to come out to the Lipskys' house? A. Well, I'm not sure that Mr. Lipsky had asked them to come out to the house. When I was there, I was actually -- I mean, again, I'm present on the property during a conversation that of course they were having. They -- and several of the Water -- the guys from the Water Division, EPA, said that they were at another location and thought they would -- they would stop by. So I don't recall that Ms. -- I don't believe Mr. Lipsky had called them to come out on that date. I think it was just happenstance that they were out on another call not too far from there and they decided to swing by on their way back into headquarters. Q. Who -- who with the EPA came by the Lipskys' house on August 26th of 2010? A. I'm sorry, I'm not going to remember their names. They are from the Water Division, I can tell you that, but I don't recall anybody's name right off the top of my head. Q. How many people from the EPA were there? A. I believe four.
A. I would not reach conclusions. I would have an opinion on a preliminary basis, but I would not reach, I would not make an opinion of -- statement of fact or not fact about all the -- all the results back. And I would never share the results with the EPA. That's Mr. Lipsky's and Mrs. Lipsky's opinion to share or not share their test results. That's not my place to make that call. Q. As of August 24th or August 26th of 2010, had you developed any preliminary opinions about the Lipskys' property? A. By two thousand -- by twen -- by the 24th, I had the air results back. It would have been pretty close whether I had the air results back or not. And we were starting to get the test results back. And so, yes, I would have -- I would have started to -- yeah. Again, I don't re -- I don't recall the exact date that I got test results back. Q. Prior to getting any test results back, had you reached any preliminary opinions or conclusions about what was going on at the Lipskys' property? A. Oh, no, not until the test results come back, no. Q. And the first test results didn't come back until about two weeks after August 10, 2010?
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A. Yeah, as I flip through, I'm noticing, you know, dates again when a -- when the lab sent -- puts a date on it, that may be a five-day differential from the time I actually get it. So I look at it and it says -- oh, well, it says August 13th, but did I get it on the 13th, absolutely not. If the report says the 13th, it could be five to seven days before I actually get it from the time they actually sign off on it. So I'm looking at this and I'm saying, you know, it's -- I probably had test -- oh. I had test results that came in by the 26th of August, and the test results were very bad. And what I mean by very bad was there's some extreme concern for the property, for imminent danger, et cetera, and exposure to the children. Ms. Lipsky had asked for the results and that was a conversation -- she's a delightful lady, but again, we were -- we were dealing with -- we were dealing with a very strong interest of the media and my opinion was absolutely not, do not share it with anybody until you get counsel and get the advice of counsel on what to do. It's their results, they can do whatever they want with it, but I will give them my opinion, and that's what I said. They were receiving calls four and five times a day from certain people wanting the
days to 60 days, depending on all the test results or depending on how many tests I did and how many times I've had to or how many -- how in-depth the actual report is. So it can be a -- it's at least a two-week lag, and oftentimes it's more like a month or 45 days. Q. Who did Mrs. Lipsky want you to submit the report to in addition to herself? A. She just wanted the report, herself. Q. And you refused to give it to her? A. I told her that until I could have an assurance that the report, that I could -- until I had an assurance that they would not deliver this immediately to anybody but an attorney and take counsel of an attorney, I had to hold tight on not giving them the actual final results. Although they knew, I had informed them the type of results, but I would not hand them something physically, because I was -- I was very concerned that given the -- the heightened energy of the situation, that they would go to the wrong people and it would become an outrageously -- it would become a horrible show in the media. And I believe shortly after that they did both talk with several attorneys and I think finally contracted with Mr. Ritter, but I don't know the exact date of that.
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results and pressuring them to submit the results, and I stood firm and refused to provide the test results to them. Mrs. Lipsky and I, despite the fact she's an absolutely lovely lady, she basically took me to task over refusing to submit the results and I basically told her that it was more important to me that she protect herself than it was to advertise the results all over the evening news, and until they could assure me that they had met with counsel and had opinion of counsel and at least talked with counsel, I would not submit them the results. It was not a comfortable position for me. Q. And who did she want you to submit these results to? A. She wanted a copy of the results and Mr. Lipsky wanted a copy of the results. And I had given them a verbal of the type of results that we were getting; however, at that time, on the 26th of August, they did not have physically anything in their hands that they would or could submit to any interested parties other than themselves. And I had not developed a report, which generally that's what happens. We get the test results back, we develop a report and then we submit it to the client. So from the time I actually get the test results back, it could be anywhere from 30
Q. Was Mr. and Mrs. Lipsky at odds with each other about what they wanted to do with the report? A. I think that they were -- I don't know that. I think that they were discussing all sorts of options. But again, you've got a lot of media interest, they had numerous phone calls every single day urging them to turn over the test results, and I felt that that was a very inappropriate thing to do at the time. Q. What were the news media outlets that were contacting them during this time period asking them to turn over the results? A. I think it was every -- I think it was every possible media in town. I think it was Channel 8, Channel 11, Channel 5. It was newspapers, it was -gosh, it was everybody, every -- and they were contacting me as well. Q. And who -- who first informed all these media outlets that you were doing any testing on the property? A. I don't know that, sir. Q. Have you ever had any conversation with any media outlet related to any of your work you did for Mr. Lipsky? A. I believe I had -- I had Channel 11 -- oh,
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gosh. No. I'm wrong. Channel 8. I believe I had Channel 8 call several times. Again, you know -you'll understand when I say they called several times a day, and I finally left a message for one of them that basically said, "This is not my data. I cannot give you this data. This is information" -"Mr. Lipsky's information, and when he chooses to make it public, if he so chooses to make it public, that's his informa" -- "that's" -- "that's his choice." It is not my choice to submit any information to them at all. And they understand that. I mean, they've -- I have worked with them before and they understand the situation. Q. Other than leaving that voicemail at Channel 8, have you ever had any other conversation with anyone at any media outlet? A. No, sir. Q. Have you ever talked to anyone other than what you have told me about on August the 26th of 2010, related to the EPA? A. No, I don't believe so. Not on the Lipsky case. Q. Have you ever talked to anyone at the EPA related to the Hailey matter? A. No, sir.
the EPA related to the Hailey matter? A. No, sir. Q. Did you ever send any letters or other forms of written communication to anyone at the EPA related to the Lipsky matter? A. Not that I'm aware of, no. Q. Did you ever send any letters or other forms of communication to the EPA related to the Hailey matter? A. No, sir. Q. When did you give the Lipskys the reports of the results of the testing at their home? A. I'm not aware of the exact date. I can tell you that it was shortly after the conversation that Mrs. Lipsky and I had. She was very compelling. I don't recall the exact date, though. Q. Did she -A. And I would not have had the 26th results, again, for another two weeks. Q. Did Mrs. Lipsky threaten you in any way? A. Oh, gosh, no. No. Q. Did you hand-deliver the reports to them? A. No, sir, I don't believe so. I believe they were loaded into the cloud. I believe my assistant loaded them into the cloud and they were
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Q. You have never spoken with Mr. Armenderez about the Lipsky matter? A. No, sir, absolutely not. Q. Have you ever spoken to a Mr. Chris Lyster related to the Lipsky matter? A. No, sir. Q. Have you ever spoken to Mr. Armenderez related to the Hailey matter? A. No, sir. Q. Have you ever spoken to a Mr. Chris Lyster related to the Hailey matter? A. No, sir. Q. To your -A. Not that I'm aware of. Q. To your knowledge, have you ever spoken with anyone at the EPA related to either the Lipsky or Hailey matter? A. I don't recall ever having a conversation with anybody except for the EPA people that were at his house on the 26th in regards to the Lipsky matter at all. Q. Did you ever send any e-mails to anyone at the EPA related to the Lipsky matter? A. Not that I recall, no. Q. Did you ever send any e-mails to anyone at
linked to their cloud. Q. How does that work? A. My assistant scans their documents into -scans it into the computer and uploads it into a cloud, where the Lipskys or any of my clients are then notified that they have access to that link at all times. That prevents -- that -- that allows them complete access to all their files at any time at any location no matter where they are on the face of the earth, and they don't have to worry about did I get all the documents or did I get -- or, "I can't find an e-mail in which you e-mailed me the document." It's just in a -- in a cloud for their access. Q. What's the address or how do you access this cloud? A. You have to call my assistant and find out. There -- there is a way. There is a way. You go to a -- a link. You go to a website link, and at the website link there is a protected file that is their account only. I have access to all of the accounts. They do not have access to any of the accounts except their account, and they literally -- they literally -it's -- it's a web link. It's just like popping into a web page, and the web page is all their documents. Q. And your son is the one that sets all this
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up? A. My assistant actually uploads, my assistant that was working there actually uploads everything. My technician is a technician. He doesn't do work like that. He's out in the field. So, no, it would be the assistant that uploads the data. Q. When do you think you uploaded the Lipskys' data for them to review? A. I would have -- I have no -- no idea. It would have to be -- I would have to check the link. I -- I didn't do it, so I wouldn't know. It would be sometime in September, I'm sure, but I -- I honestly can't tell you a date. Q. After August 26th, 2010, when is the next time you recall any conversation with either Mr. or Mrs. Lipsky? A. I'm -- I'm sure we have had conversations. We haven't had a lot since the results were delivered. I believe shortly after that, they started working with Mr. Ritter. So much of the conversation would have been between him and them. Once the results were in, I don't even recall talking with them very much except, "Here are the results," you know, "This" -- "this is what they mean." And he already understood, obviously, from having some of the results come in, what -- what
well from one or more gas wells in the area? A. I don't believe I said any -- which gas well or -- or what gas well. I said that there was a compromise of their water well, obviously from an incredibly high volume of natural gas, probably from one of the wells emanating directly beneath their house given the -- given the quantity of gas in which it was. However, I did not state that it was or was not the Butler or the Teal. I would have no way of knowing. Q. And when you say "the quantity of gas," what are you referring to? A. Well, when we do water tests and we do -we do air tests, we actually quantify how much -- how much contaminants are actually in a certain given volume of water and air, and in that case we actually identified that they had an astronomically high concentration of compounds directly related to unrefined natural gas, including methane, present in their -- in their air within their house as well as outside of their house, and within their water matrix as well, both in -- in their house and exterior to their house. Q. And that's what you told them verbally? A. That would have been a summary of what I told them, yes, of course.
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it was, and that I think we've only had very few conversations since the time they actually got their results. Q. What did you tell the Lipskys that the results meant? A. It was my opinion based on the facts that a natural gas well had compromised their water well sometime between January 2010 and August 2010 and that the matter that was flowing out of their well was unrefined natural gas directly from a natural gas well. Whether it was the Beale -- the Butler or the Beale, I had no idea. I could not make that -- I could not ascertain the location of it. Q. What did you say, "the Butler or the Beale"? A. Yeah, it's the Butler or the -- which wells are these? The Butler or the -- whichever wells these are. Q. Are you talking about the Butler or the Teal? A. Teal. Yeah. The Teal. Q. Let me make sure I understand this. It was you -- you told them that based on the results of your testing at their property, that it was your opinion that unrefined natural gas was getting into their water
Q. And that the cause -- you told them that the cause of this natural gas that you had detected in your testing was likely due to one or more of the gas wells that the laterals of which went under or near their property? A. Well -MR. RITTER: Objection, form. A. -- I would not have said that it's from their -- one of the wells that goes under their property. I would have no way of knowing that. I would tell them that given the presence of the well under their property - again, you call it the laterals - given the laterals of the -- of the well, it is a potential source, yes, and that they obviously would have to notify the Railroad Commission, notify Range, get some pressure testing done to see what the pressure on the wells were to find out if the wells were actually compromised. But I have no knowledge of any of that, the test results of that; if the test results were done, what the test results have. Q. (BY MR. SIMS) As you sit here today, do you -- do you know a cause of any methane in the Lipskys' water well? A. Do I know the cause?
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Q. Yes. A. I know -- I believe that a probable cause is a natural gas well, yes. Q. And do you know which natural gas well you believe to be the probable cause of any methane in the Lipskys' water well? A. I think it's highly probable that it will be either the Butler or the Teal. And my opinion is based on not only the timing of the drilling of the well, but also the timing that their personal water well went out. Q. When was the Butler drilled? A. It was drilled, I believe, in 2009. Q. When in 2009? A. Sir, I don't know. Mr. Lipsky I know showed me some papers at one time, but I never got a copy of them so I -- I can't remember the exact date that it was drilled. Q. When was the Teal drilled? A. I don't know, sir. Q. When did the Butler go on production? A. I don't know, sir. Q. When did the Teal go on production? A. I don't know that, sir. Q. Would that timing matter to you in any way
A. Yes, sir. Q. What did they -- what did you talk about? A. Specific to the Lipsky property, they were noncommittal as far as what they thought was going on. They weren't real happy about Mr. Lipsky lighting the -- the well, when he could light the well, he wasn't -- they weren't really happy about that. They said there could be a downdraft and the whole place could go up, and I believe that was one of the primary conversations. Bubba mentioned that this happened all the time across West Texas and that there was some technology that we could hook up to the well and run our own little turbine based on natural gas, and he said a lot of guy -- a lot of people are -- out in West Texas he said it's, you know, free util -- free -- free energy and for a 10,000 square foot house you could save a lot of money. And he said it happens all the time in West Texas and that we could -- he explain -he explained these were called microturbines and that we could look into hooking a microturbine up to his water well. And I don't know -- I don't know that well how these work, although I looked into it. This was quite a while ago and I don't have anything that I
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related to your opinions? A. He actually informed me of the time and the date that they went on my -- my prob -- again, I don't recall when he told me. It was within a very short time that they started having, according to Ms. Lipsky, that they started having problems, and I'm going to say it's within a six-month period of time. But when exactly they went on and when exactly they were drilled, I don't have any data to support any date or month of -- I -- month of when they actually came online. Q. Have you ever had any conversations with anyone at the Railroad -- Texas Railroad Commission about the Lipsky matter? A. Yes, sir. Q. Who have you talked to? A. Oh. Let's see. I was out there one day and I can't remember which date it was, but Bubba was there from the Abilene office. I believe Bubba is out of the Abilene office. And -- I can't remember his name right off, the -- one of the head guys over at the Abilene office. I'm sorry. His name just escaped me. Anyway, they were both there. Q. Do you remember any specific conversations with either one of them?
could bring to -- I didn't download anything accessible or anything. But basically there's some way of draining off the natural gas, the unrefined natural gas, using it in the -- in the turbine, and -- and being able to purify the water well enough that it could be useable for at least support of wash, washing and irrigation of the property. Q. Do you remember Bubba talking to you about anything else while he was out there? A. Well, we were out there quite a while, but I don't recall anything specific conversation. Q. Did you ever provide Mr. Lipsky any information about microturbines? A. I don't recall if I ever provided him information at -- about microturbines. I know I looked them up, but I wasn't really happy with that concept. So I don't really know how those work. Again, those are outside my expertise. And I did advise him to get his well guy out there and see what he could do, but -interesting concept. Q. Other than that conversation with the Texas Railroad Commission, have you ever had any other conversations with anyone at the Texas Railroad Commission? A. No, sir, that was the only day.
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Q. Have you ever had anybody -- any conversations with anyone at the Texas Railroad Commission related to the Hailey matter? A. No, sir. Q. Have you ever had any conversations with County Judge Mark Riley related to the Lipsky matter or the Hailey matter? A. No, sir, I have not. Q. Have you ever told Mr. Lipsky that the County Judge Mark Riley is furious? A. Yes, sir, I think I did. But I don't remember if he told me that or if I told him that. But I do remember hearing that he was ... that might have been what Mr. Lipsky told me, because I believe Judge Riley came out with his assistant, and again, I wasn't out -- I wasn't -- I wasn't there so I don't know, but I remember him saying his assistant got sick, and my comment is -- was that, "Some people are more sensitive than other people." And I believe he told me that. Q. So Mr. Lipsky told you that County Judge Riley was furious? A. Well, again, I wouldn't have had a conversation with Mr. -- with -- I'm sorry, with Judge Riley, so I don't know how I would initiate the fact that Judge Riley was furious. But again, it could have
furious about something, although we certainly could have bantered that around at some time given the conversation, but who initiated it, I don't know. Q. At some point in time, did you become aware that a water well about 800 feet away from Mr. Lipsky's water well had flared natural gas? A. No, sir. Q. You've never heard that? A. When you say "800 feet away," I'm not sure in which direction you are -- you are talking about. I believe that there was a water -- there was a -- a well, a natural gas well at the arena that went -Q. Okay, we'll talk about that in a minute. I'm talking about water wells. A. Okay. Q. As you sit here today, are you aware of any water wells in the Silverado addition, other than Mr. Lipskys', that have flared natural gas? A. That has flared natural gas? No, I have no knowledge of Mr. Hailey ever trying to flare his well, so I would tell you no, I don't know anything about any other well. Q. Has anyone throughout all your work and testing for Mr. Lipsky and Mr. Hailey, have any -- have any of those people or anyone associated with them ever
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been he told me and ... I don't recall. Q. Have you ever told anyone that County Judge Riley was furious? A. No, although I do believe we had a conversation with the Parker County -- I think we had a conversation in regards to Judge Riley with the Parker County fire individuals, I believe they were fire -again, I apologize, Fire Chiefs or whatever their exact titles are, and the fact that the Aledo well had been blown out by, I think -- I think it was Chesapeake, the Aledo municipal well had been blown out, one of their newest wells had been blown out by Chesapeake and they had to shut that down, and Judge Riley was not happy about that. I do remember that conversation. Q. And that was a conversation between you and Mr. Lipsky? A. I think -- no, I think that was a conversation when -- when the Parker County Fire Chief -- fire personnel were out there and, boy, I don't even remember when that was. I don't remember the date that that was. But we had a conversation. I work a lot in Aledo and that was one of the things that came up and I believe that was the conversation. So who said what when, I don't recall. I don't recall initiating the fact that Judge Riley was
told you about any water wells in the Silverado addition that have flared natural gas? A. I don't recall a conversation about another well other than the Haileys and the Lipskys of -- in the Silverado having issues, other than the arena. So no. Q. If you assume with me that other wells in the Silverado addition have flared natural gas, would you also conclude that the Butler or Teal wells were the cause of methane being in those water wells? MR. RITTER: Objection, form. A. I would not make that assumption. It would depend on the quantity of the concentration. Again, the concentration that was underneath Mr. Lipsky's and in Mr. Lipsky's water was astronomical. So, therefore, the close association to a geologic formation with an incredible volume of pressure related to natural gas had to be there. As we look at the Haileys', their volume was not astronomical. It was present. So it would depend, once again, on location of what it was and what the volume was. Until I saw any results is it significant or insignificant, I would know -- I would not know. Q. (BY MR. SIMS) Did the Haileys have methane
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in their well water? A. Yes, sir, they did. Q. Do you have an opinion as to the cause of any methane in the Haileys' well water? A. I think it's highly probable that the same source that contaminated the Lipsky well also contaminated the Hailey well, given the location of the Hailey well and the distance from the Lipsky property. Their concentration is nowhere near the concentration of the Lipskys', but it was still present. Q. And in your investigation, have you looked at any publicly available information about other water wells in the area as to whether they have any methane in them? A. Are you talking about residential water wells? Q. Any water wells in the area. A. So drilled wells of residences. I -- I don't know of any. I have not investigated any. I wasn't hired to do a full investigation of the Silverado and I -- and find out exactly which wells, whose wells, and how many wells are contaminated. Q. If other -- if other water wells in the area have experienced natural gas in them that can be proven, what if any effect will that have on any of
well aware of biogenic sources. I'm also well aware that in that area there's probably 25 to 30 non-producing wells that people have pushed through and probably broken through the Ellenberger on. So that's a good question. I don't know. Q. (BY MR. SIMS) And how is it when -- when wells have broken through and pushed through the Ellenberger, how does that affect the natural gas content in the water wells? A. Well, it can cause, depending on of course where -- where it happens, it actually can cause migrational pollution. But once again, when we are looking at concentration, when you are looking at the Lipskys' property and they have concentrations into the hundreds of thousands of parts per billion, what we have to look at is the fact that if they have a concentration like that, they have literally plugged into -- a natural gas stream has literally pulled -plugged into their water well. In this case, according to the Chesapeake's chairman, you can't -- that doesn't happen naturally unless you frac some rock. So if you frac some rock, there would -- the indication would be that there would have been a natural gas production at some time that fracced that rock, which led to the contamination of
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your opinions or conclusions? MR. RITTER: Objection, form. A. It probably won't have a whole lot. I don't think it would sway me very much at all. I would look at the well that you are talking about, or wells, plural, at the concentration of the wells, and then once again the location of how many verticals or horizontals happen to be drilled in the area. I would also look at how many -- how many natural gas wells were -- were producing near that one location that you are talking about. But I -- I'm not swayed in my opinion of the Lipskys' property, given the volume of natural gas that I am seeing here, I'm not swayed at all. Even if I saw other properties, I doubt seriously they would have the problem that he has, although I would be more than happy to look at that data. Q. (BY MR. SIMS) Would it make any difference to you in your opinions and conclusions if it could be proved that there have been multiple water wells that have experienced gas, natural gas that pre-date any Barnett Shale drilling in this area of Parker County? MR. RITTER: Objection, form. A. Oh, I know that there is biogenic sources, but you don't have biogenic sources big enough to blow a hole in the middle of the earth like this. So I am
that well. Q. So it's your opinion that the frac'ing of the Barnett Shale in connection with either the Butler or the Teal wells is what caused the source of methane in the Lipskys' water well? A. No, I couldn't actually tell you whether it was the actual frac'ing of the well or whether the casing of the well has gone bad or whether an -- the pressure on the annulus got so high that it blew the well. I cannot tell you what happened in order to integrate the two wells. I have no knowledge of that. I would not speculate as to that. I only have a knowledge that something happened that caused the integration of those two, the water well and the gas well. But I don't know which one of the two. I could make an assumption, but that would not be particularly worthwhile. Q. Have there been any water wells in the Silverado addition that have -- that -- that as soon as they were drilled that the gas literally pushed, without a pump or anything, literally pushed the water out of the well and flared gas in a large flame? A. Stream? I have no knowledge of that, no. Q. Would it make any difference to you if -if there are facts that irrefutably prove that?
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A. I would of course look at the facts and I would of course consider the facts, but I don't have any knowledge of those facts, no. Q. If you had knowledge of those facts, would that certainly be something you would want to take into account and consider in formulating your opinions? A. Yes, but I don't think it would sway my opinion of the Lipskys' situation in any way, shape or form. Once again, when you are looking at a volume that is consistent and con -- and -- and persistent at this level, you have to -- you have to realize that there has been an integration of a natural gas well and unfortunately his water well to -- to have that; otherwise, the whole area would have the same situation. We would have the Haileys with the same concentration as the Lipskys, with the same concentration as the people that I can't remember - I was at their house just down the road - to the south of the Haileys, as well as the whole subdivision would have that same consistency. But we do not see -- well, at least I'm not seeing this through the two that I have -- I have actually studied. Q. You're not seeing -- you're not seeing methane in multiple water wells across the entire subdivision; is that right?
the Silverado subdivision. Q. (BY MR. SIMS) It's your testimony as you sit here today that Mr. Lipsky never mentioned to you or told you at any time about a water well a few hundred feet away from his water well that had experienced large amounts of gas in it? MR. RITTER: Objection, form. A. The only well that I remember talking about was the arena well, and again, I don't know if it's a water well or a natural gas well. Oftentimes those -you know, people don't define. They say, "A well blew up." Well, I don't know if it's a water well and I don't know if it's a natural gas well. It was my understanding, and I believe this was actually from the Haileys, not the Lipskys, I believe the Haileys mentioned that there was something at the arena that had to be closed and I think that was in 2009. Q. (BY MR. SIMS) Okay. So -- so you think there may have been a water well located close to the horse barn arena or the horse arena in the Silverado addition that -- that had to be plugged? A. No. MR. RITTER: Objection, form. A. No, I -- not a water well. That it was my understanding from the conversation that I had with
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A. Well, sir, all I can talk about is the two that they have contracted me to look at. I haven't seen any other test results, nobody has supplied me with any other test results, and they haven't asked me to actually do any other test results. Q. So if you are going to really talk about, with any sort of expertise, about what's really going on in the area, you'd really need to test all those water wells in the area and find out what -- what those results are; is that right? MR. RITTER: Objection, form. A. If Range would like me to -- hire me to test all the wells in that area, I'd be more than happy to do that. MR. SIMS: That doesn't respond to my question. Q. (BY MR. SIMS) In order to come up with valid conclusions about what's going on in the area, you'd need to conduct all that testing, wouldn't you? MR. RITTER: Objection, form. A. If Range would like to hire me to conduct all that testing, I would be more than happy to. I doubt that that would change my opinion in any way, shape or form, but I would be happy to test everybody's water well and give you a very, very concise opinion of
her, my recollection of the conversation was that a gas well had somehow gotten blown and there was emergency vehicles all over the place and this was in 2009 sometime, could have -- you know, again, that's just my recollection of what was stated, and that the well had actually been closed. Q. (BY MR. SIMS) And when you say that this -- this gas well by the horse arena in the Silverado addition had been "blown," what does that mean? A. It means that natural gas was coming out of the -- I'm sorry. It means that natural gas was coming out of the well uncontrollably and they had to do a forced closure on it. Why, I don't know. I was never told a reason why there was a compromise. Is it possible that there was a structure incompetence of the well? Yes. Is it possible somebody didn't put the gas well -- I'm sorry, the wellhead on correctly? Well, yes. Possibly somebody just blew the pressure on -- on the well that they weren't maintaining it correctly. I don't know. I was never told. I was given no reason at all for why it blew. Q. Do you even know if gas did come uncontrollably out of the well? A. It was only a statement that somebody told
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me that it was -- that the well blew. By that terminology, one would anticipate something of extreme force and probably fire, but I don't know of anything particular. I've never seen a picture or any document that supports that evidence. Q. When someone told you that the -- that this gas well over by the horse arena in the Silverado addition blew, did you ask them what they meant by that? A. I don't recall that I specifically said, "Do you know why?" I don't recall that I did. They said that it was a force -- it was a closure, that they actually closed it. Q. Did you ask them if fire was coming out of the well? A. No, I don't think I -- one would assume if you say the well blows that something bad like fire is happening, but I don't recall ever actually saying, "Was fire coming out of the well," no, sir. Q. So all that testimony you've just given us about fire coming out of the well and all that, that's just your assumption? A. That would be my assumption of what happened. I do not have any data to support that and don't recall the conversation, them saying that there
A. It goes for miles. Q. Hundreds of thousands of acres? A. I don't know, sir. Q. Thousands of acres? A. I don't know, sir. Q. Hundreds of acres? A. Well, because the lease properties are checkerboarded, oftentimes it's very difficult to know where one starts, where one stops. I know Chesapeake is a big area -- I'm sorry, a big producer in that area. I know that Range is a big producer. But I don't know exactly where you are checkerboarded and where you are not. Q. Do you know how many acres Range Resources holds under lease in Parker County? A. No, sir. Total acreage, no, I do not. Q. Do you know if it's hundreds of acres or thousands of acres? A. I would make an assumption, as large as your -- as the Range company is, that it would be thousands of acres. But again, that would strictly be an assumption and whether or not -- it's very difficult, because oftentimes the mineral right and the surface right owners are not the same, it would be very difficult to even know that. Silverado is unique in
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was a stream of fire 35 feet tall doing anything, no. Q. Or a stream of fire 2 inches? A. Yeah, exactly. Q. You just don't know. A. No. If somebody says, "The well has blown," generally that indicates a very high pressure, and that is not -- never a good thing. Q. Who drilled that well? A. I would have to make an assumption of who drilled it, but I do not know for sure. Q. What assumption would you make? A. Well, I would make the assumption that since you have a lot of lease holdings in that area it would be Range. But once again, I don't have any facts on that and I would -- that would just strictly be an assumption on the volume of leaseholdings that you have at -- that Range has in that area. Q. How many -- what's the amount of acreage that Range holds in -- in leasehold in -- in this area of Parker County that we are talking about? A. I don't know the amount of acreage. It certainly is a large portion. Q. And how do you define "large"? A. It goes for miles. Q. Goes for miles.
that they don't actually allow a lot of drillings on the Silverado properties. So therefore it's very difficult to ascertain whether even you have mineral right ownership and whether you have drilled underneath that property. But I believe that is your property, or you are the primary mineral production in -- in the Silverado area. I could be wrong. Q. What -- what do you base that belief on? A. Well, generally it has to do with the negotiation that the land -- excuse me, the mineral right owner has with the production company, and in this case nobody in the Silverado, to my knowledge, Silverado On The Brazos, the subdivision, the homeowners subdivision, I don't believe any of them are actually surface right owners. So it would be my assumption that the landowner who actually sold off everything into a subdivision retained the mineral rights and therefore probably negotiated with one individual for the mineral rights. Q. Is this horse arena you are talking about in the Silverado addition? A. I believe it is, yes. Q. Could that -- could that gas well be a -the cause of any -- of any problems in connection with the methane that you have found in the Lipsky well and
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the Hailey well? A. I doubt that very seriously, given the volume that's underneath the Lipsky house. Q. And when you say "the volume," what are you talking about? A. Once again it's the volume that we calculate per -- in this case we -- we look at the parts per billion, or cubic -- how many micrograms per cubic meter or micrograms per liter that we happen to -- or milligrams per liter that we happen to investigate and determine how much concentration is in one area. When you have an extremely high concentration in one area, you would then not necessarily anticipate that it flowed under everybody's houses, and nobody has a complaint except may -basically the Haileys, and even the Haileys' concentration is incredibly low. So it makes geologic sense that it would have been stimulated subsurface directly under or close to under the Lipsky property. MR. SIMS: Why don't we take a five-minute break if we can. VIDEOGRAPHER: Off the record. 2:43 p.m. (Break from 2:43 p.m. to 3:01 p.m.) VIDEOGRAPHER: Back on the record. 3:01 p.m.
the cloud, so they might not have received that. That's actually on their book. And when I say "their book," I maintain their records in a book, in a 3-ring binder in the office, and that would have been on the front of the binder, on the front interior page of the binder, in front of their results. Q. When you prepared the results originally, did you have other cover pages on the results other than what you are showing and what you brought today? A. No, generally all the lab results are uploaded to the cloud directly from the lab. So a cover -- a cover page like that may not be given to the Lipskys, but it is in my possession in the front of their book as identification of exactly what I did for them on that date. Q. Why did you never prepare a written report for the Lipskys in this matter? A. Actually none was ever requested of me, and generally what I do is wait for the acknowledgment that they are ready to have a report done and I pull together a report. In this case, they did not tell me that they wanted a report; in fact, they said, "Just hold off until we tell you to develop a report." Q. The third page behind the cover page looks to be some sort of map that you, I guess, printed off
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Q. (BY MR. SIMS) Ms. Rich, have you had any conversations with anyone at the TCEQ related to the Lipsky matter? A. No, sir. Q. Have you had any conversations with anyone at the TCEQ related to the Hailey matter? A. No, sir. Q. Have you had any conversations with anyone at the TCEQ related to any of your work in the Silverado addition of the -- of Parker County? A. No, sir. Q. If you would, please, flip over to tab 14 in your notebook, but look at the second page of tab 14. Is this the cover page for your August 10 water test? A. Yes, sir. Q. And the cover page says Mr. and Mrs. Stephen Lipsky, 127 River Oak Court, Weatherford, Texas, 76087, Water Lab Results, August 2010, Wolf Eagle Environmental, LLC. Correct? A. That is correct. Q. Is this -- is this the exact cover page that was used on the test initially presented to the Lipskys? A. Again, the test would have been uploaded to
from the North Central Texas Council of Governments? A. That is correct. Q. And was this in the original report that you provided to the Lipskys? A. No, sir. That would be in my documents. That would probably not have been put into their documents. It's just our identifier of their location, an aerial map of their location. Q. When was this document printed off? A. This would be at the time that we actually went out, so sometime in August of 2010. Generally we do those before we ever go out to the location so we can find the location easily in a rural community. Q. On this aerial photograph, are you able to identify generally where the Lipskys' property is located? A. Yes. There's two maps. Are you referring to one in particular, the first one or the second one? Q. On the first one, do you have -- can you identify where the Lipskys' property is located? A. It's a little red dot. Q. On mine -A. Okay. Q. -- is black and white. It doesn't -A. Okay.
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Q. -- have any red dots. So -A. Okay. Q. You do have a red dot where the Lipskys' property is located? A. I do. Q. All right. And on the next map, what do you have on that? A. The -- again, you put their location in, and the NCT Council of Governments actually identifies it with a circle. So you may have -Q. So both maps show the approximate location of the Lipskys' property? A. It's supposed to -- it's supposed to show the exact location of the Lipskys' property as far as their address. Q. On either one of these aerial maps that you printed off, can you identify the site where the Butler and Teal wells are located? A. I can identify the pad site, yes. Q. And where is that? A. Directly south of the -- River Oak. Q. Okay. Can you hold that up to the camera and point to us where the pad site is located? A. The pad site is located right there (indicating).
A. As the crow flies, yes, sir. This property is pretty big. It could be more than that. Q. Could it be less than a thousand feet? A. Possibly, sir. I honestly don't know until I measured it. I would be happy to do that if you would like that done. Q. You have never done that before today? A. I have not put an exact footage on how far that is away, no, sir. I can estimate it by giving the map below. The legend below. Q. The next -- that's all right. The next page in Exhibit 14 is another cover page that says Outside Water Sample Lipsky L8-100 August 10, 2010, Original Report. Do you see that? A. Yes, sir. Q. That's -- is this a document that you provided to the Lipskys? A. Yes, sir, they should have that document. Q. This cover page that says Outside Water Sample? A. Oh. I can't actually answer that. I have not looked in their cloud to see how the -- how my assistant uploaded it. She should have uploaded it with a cover page on, but sometimes they are retrieved directly from what we call our lab book, and a cover
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Q. And that's a line that runs through the middle of the page, two white lines? A. I'm sorry, yeah, that was a -- I -- there's something that came off of the NCTC. It could be that two maps are put together at this location. So approximately due south of River Oak and approximately where this road takes a turn is the actual pad site. Q. Now, on the second map, it says Lake Country Drive there; do you see that? It's a road running -A. Oh, yes, yes. Q. -- east and west? A. Yes. Q. As I understand it from your testimony, is the pad site then north or south of Lake Country Drive? A. South of Lake Country Drive. That's my understanding. Q. How far away is the pad site for the Butler and Teal wells from the Lipsky property? A. I have never measured it exactly how many feet it is away, sir. Q. Do you have an approximation? A. Oh, I could approximate it somewhere around 1,000 to 2,000 feet as the crow flies. Q. 1,000 to 2,000?
page may or may not be on that. So I can't answer that question. Q. What is the next page of Exhibit 14? A. I have the analytical report from Anachem, totaling 17 pages. Q. And is this the water samples that were taken outside in the 5,000-gallon tank you told us about? A. This one should be outside. Yes. This is the outside. Q. And is this the VOC -A. Yes. Q. -- and ion chromagraph? A. Yes, this is the VOC. Q. pH EPA 9040? A. (Nods head up and down.) Q. Yes? A. Yes. Q. Does it also include the ICPMS metals? A. Yes, these are all the metals, all the VOCs, but not methane, ethane and ethene. This is pH, chloride sulfates and mercury. Q. Let me show you what I have marked as Exhibit 7 to your deposition. (Marked Deposition Ex. 7)
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Q. (BY MR. SIMS) Have you ever seen that cover page before? A. That looks like something that would come from our office. Q. Can you explain why this document with this cover page is not included in the documents you have produced here today? A. Okay, this -- again, identified this cover page here, Exhibit 7? Q. Yes. A. No reason. I just don't have it in the book. So this maybe has -- this may have been what was uploaded at -- up to the cloud, but this is not what is in the Lipskys' 3-ring binder that I keep as their data, in which is a complete set of data. So it's just a cover sheet. Q. Did you print off everything that was uploaded to the cloud to produce today in accordance with the subpoena? A. No, I re -- I printed off everything that was submitted to the lab -- or that came from the laboratory, everything that was in their 3-ring binder, everything that was of any -- I don't even have this in a hard copy, so I didn't print off anything from the cloud necessarily. They would have printed off from
A. Well, it's multiple samples but it's one sample event. So the submission actually can't be in the same bottle because VOCs have to have a special container. So when we look at sulfite -- sulfates and chlorides, they are in a different container than VOCs, and the RCRA, which is all the metals, have to be in a different container. The VOCs have a preservative in them that would have destroyed some of the other compounds, so they are actually in one sample but there are multiple vials in that sample for different testing. Q. How many -- how many bottles did you send Anachem to test for magnesium? A. They would have been sent in a 6-liter bottle, and I wouldn't have sent it just for magnesium. It would have been for all -- I'm sorry, for all the RCRAs, it's not a 6-liter, it's in a -- I believe it's a 1-liter bottle for the RCRA, and it has a preservative in it so you can do all of the chemicals with that bottle. Q. So Anachem's statement that it received one sample is accurate in connection with each test that it did? A. I'm sorry. Say that again. Q. Anachem's statement in its document --
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the cloud and submitted it to you. Q. Will you agree to print off everything that is on the cloud and submit it as a part of this -A. Oh, of course. Q. -- deposition? A. Of course. I'd be happy to. THE WITNESS: Can I have a pen real quick, make myself a note? Q. (BY MR. SIMS) Ms. Rich, what is the next page of Exhibit 14? A. It would start with page 1 of 1, Anachem. It's called the Case Narrative. Q. And what does that say there on the Case Narrative? A. The C -- the CCD for magnesium in QC batch R61376 exceeded accepted limits with a recovery of 115 percent. Q. What does that mean? A. That means that they received a sample that was out of balance for what they would have presumed magnesium should have been. Q. As I understand it, if we look on the preceding page, Anachem only received one sample for all the analyses presented in the report. Is that correct?
A. It received one -Q. -- that says it received one sample on August 11, 2010, for the analysis presented in the following report is an accurate statement? A. That they received one sample, yes. Q. Anywhere in any of your reporting to the Lipskys in Exhibit 7 did you ever inform them that the magnesium exceeded the acceptable limits for an accurate test? A. I don't believe I -- I'm not sure I would have told them that the magnesium exceeded acceptable limits because, once again, I didn't present to them necessarily where they were. I -- I would have identified the fact that the presence of boron, magnesium, manganese and strontium are highly correlated to fractured or specifically from natural gas. So would I have addressed the actual concentrations? I don't recall addressing the concentrations as being highly upsetting or irregular, but that the presence was an indicator. MR. SIMS: Object to the responsiveness of your answer. Q. (BY MR. SIMS) Did you tell them that there was a problem with the testing related to magnesium in Exhibit 7, which I understand is the document they
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received? A. Mm-hmm. Mm-hmm. I just don't recall telling them that there was a problem. Q. In Exhibit 14, beginning with the first page, as I read -- read down the line, everything you tested for there came back as a non -- nondetect except the boron, magnesium, manganese and strontium, benzene and chloride. Is that accurate? A. The manganese actually came back with a nondetect, sir. The boron, magnesium, strontium, benzene and toluene came back with detects. Q. Okay. A. You had mentioned magnesium before. It was not -- or, I'm sorry, manganese. Manganese was a nondetect. Q. Isn't it true that boron, magnesium, manganese and strontium occur naturally in groundwater all over the United States? A. No, sir, that's not correct. Q. It's not correct? A. No, sir. Q. Do you know what ATSDR stands for? A. Yes. Agency for Toxic Disease -- I'm sorry. We always get this long one. Agency for Toxic Disease -- ATS -- no. The exact acronym I can't ever
begins with Drinking Water From Household Wells, and that is a publication by the United States Environmental Protection Agency. It's towards the back. In fact, I think it's the second-to-the-last paper. And it says, "Reasons to test your well. Chloride, sodium, barium and strontium, conditions or nearby activities, page 11, gas drilling operations nearby." Q. I'm still having trouble finding it. A. Okay. It's at the very, very -- it's at the very back of 19. If you go to literally the last little quarter-inch, and it has a little boy on the front cover. And then in the article right before that done by Cabot Gas Wells, it has a table 3 where it says Water Analysis of Flowback and it clearly has barium and strontium, sodium and out -- excuse me, chloride as -- sulfite, as well, as properties of flowback. So -- I'm sorry. It's -Q. Okay. Now the one with the boy on -- on the front picture -A. Page 11. Q. -- why does this say test for chloride, sodium, barium, strontium, when there are gas drilling operations nearby?
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remember. It's our toxicology acronym, though. Q. Who -- who publishes the AT -- ASTDR (sic)? A. I don't recall if it's the EPA or not. Q. Is that a reliable publication? A. It's a -- it's one of the publications we do address, yes, and look at, absolutely. Q. If the ASTDR (sic) says that boron, magnesium, manganese and strontium naturally occur in groundwater, you don't have any trouble with that, do you? A. I do have a problem with that, because actually EPA has several papers that actually indicate that the pressure -- the presence of natural gas fracturing actually causes the compounds of strontium, boron, sodium and chloride to be present in their water as well. I submitted that actually under section 19, and another port -- another paper was submitted as well in that same section that supports my position on the presence of strontium. I don't find the presence of strontium in areas in which we do not have fracturing within the Barnett Shale. I have strong presence of strontium in areas in which we have shown fracturing. Q. What paper are you talking about? A. I'm sorry. It is under section 19 and it
A. Because those are chemicals that are indicative or indicators of fractured earth and the presence in natural gas operations. They are highly correlated to the presence of natural gas operations. Q. Don't these things naturally occur in the earth's crust? A. They are not in loose form, sir, in the earth's crust. So they are naturally occurring. However, they are not loose in an aquifer, they are not loose to impact areas until they have been shaken from the earth by some kind of fracturing or disruptive. Q. Do these elements occur in groundwater where there is no natural gas drilling? A. I don't have those elements as much as I have some boron that would be more indicative. Barium and strontium and magnesium and manganese are highly correlated with fractured earth from natural gas operations. Or oil. Q. Are any of the levels that you found in your tests, do they exceed any protective concentration levels? A. The benzene did and the -Q. No, I'm talking about -- I'm talking about the boron and the -- all that. Strontium. A. The barium and the magnesium?
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Q. Yeah. A. I don't believe they did. Q. Did you report that to the Lipskys that the boron, magnesium, manganese and strontium didn't -didn't exceed any protective concentration levels and didn't pose any health risks? A. Well, I can't say that, no, sir, because the strontium doesn't actually have a level. So I cannot determine whether it's health protective or not health protective until the EPA actually sets either a primary or secondary standard on the strontium. I believe the magnesium in this case did not exceed -- let me go back. There we go. The magnesium did not exceed levels, and the boron did not exceed levels either on that. Q. Did boron, magnesium, manganese and strontium exist in well water in this area before Range began its drilling activities? A. Boron does not have a primary or secondary, so I couldn't -- I would not have addressed the fact that they had either -- manganese actually does, but again, they had a nondetect in manganese. To answer your question, I would say from my testing that I had done around the Barnett Shale, the areas that have -- have natural gas drilling or --
only area that I find strontium, an area that has been fractured rock. So the aquifer in my opinion would not contain strontium. Q. But you've done no testing prior to Barnett Shale drilling in the area to know that one way or the other? A. I have done a lot of testing in the Barnett Shale and I have not come up with strontium. Again, these are areas that do not have natural gas drilling near them. Q. What are -- what areas have you -- have you tested for that don't have natural gas drilling near them? A. There are several areas that actually do not have natural gas drilling near them. They have been in the -- which -- in counties that basically are known to have natural gas, but again, it hasn't been near them. So we have had testing done in -- oh, my goodness, Wise County, in Montague County, in Parker County, in Tarrant County, in Johnson County, and I have not come up with strontium because they do not have natural gas drilling near them. Q. And how -- and when you say "near," how close is "near"? A. Well, it's dependent, of course.
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again, oil or natural gas drilling in the areas have higher concentrations. In many areas I have absolutely no concentrations of strontium and no concentrations of the other chemicals. MR. SIMS: Objection, nonresponsive. Q. (BY MR. SIMS) Did boron, magnesium manganese or strontium exist in the water aquifer in this area of Parker County before there was any Barnett Shale drilling? A. From my tests that I have performed, I do not find strontium, I do not find manganese, and I do not find manganese, magnesium, strontium and boron present in areas, together, that have not had fracturing. MR. SIMS: Objection, non-responsive. Q. (BY MR. SIMS) In the Silverado addition of Parker County, did any of the wells that existed before any Barnett Shale drilling in that area contain boron, magnesium, manganese or strontium? A. I would not anticipate them to contain any of them. I have not tested any of them before natural gas drilling occurred. Q. So your answer is you just don't know. A. Based on our studies, I would be very confident to say that they did not exist, because the
Just depends on what you say it is? No. MR. RITTER: Objection, form. A. It would -- it would depend on the particular water sample and how far away that property was from the closest drilling. That's what it's dependent upon. So there is time that -- these are a time-weighted element. We -- we see strontium loose in areas that have natural gas drilling and then it will go back toward -- again, it will -- it will dissipate out, however you want to say. It doesn't actually dissolve but it will actually settle out by sedimentation into the clay layer below because it actually likes clay, that's where it prefers to be. It's not a chemical like a surfactant that wants to be loose. It wants to adhere to some type of -- because of its chemical reaction, actually wants to adhere. So it will -- it will dissipate out, but I do not mean dissolve out. Q. (BY MR. SIMS) How long does it take to dissipate out? A. I don't have an exact on that, sir. I have seen different studies state different things, but I don't have -- I wouldn't even know an average to state. I believe it would be directly related to its
Q. A.
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concentration presence in the water, obviously. Q. In this particular area of Parker County, where does the strontium come from to begin with? A. Well, it would come from -- it's -- it primarily comes from fractured rock. Q. Now, I -A. It comes from the rock bed. Q. Okay. So the rock has to be fractured before it can be loosed? A. Yes. Yes. Q. Okay. A. Well, I'm not going to say always has to be fractured before it's loosed, but I will say that in areas in which we have high fracture, we say -- we see higher concentrations of strontium. Is there ever an event where it could be loose? I don't know of one, but it's possible. Q. Okay. And so in areas where you see high fracture, define what you mean by "high fracture." A. Well, activity related to natural gas where somebody is actually -- I find that the horizontals have a tendency to have higher fracture rate than the verticals, obviously. Methane is the same way. It -- it does not leave the -- the shale operation until it's actually
you. Q. Now, you said benzene, you found some 3.1. Now, that's micrograms per liter; is that right? A. Yes, sir. Q. And that's parts per billion, correct? A. Yes, that's correct. Q. Okay. So if we wanted to find a parts per million equivalent, we'd have to divide 3.1 by 1,000, wouldn't we? A. Yes. Q. And when we do that and come up with that number, .0031 -A. Mm-hmm. Q. -- that does not exceed any protective concentration level, does it? A. Well, I'm going to have to look that up right off the top of my head. Benzene would be .00 -- .005 milligrams per liter for -- .005 milligrams per liter for an exceedence, and that would put -- milligrams per liter. Okay. So that would put us at .0031, I believe the rate milligrams per liter. Q. So it's below the protective limit? A. I would say that it is below the national primary drinking water regulations, is how I would put
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fractured and stimulated to leave; at least that's according to Chesapeake's CEO. Q. When you -- when you say "high fracture," what are you -- what are you talking about? I mean, how high the fracture goes under -- in the surface of the earth -A. No. Q. -- under the surface of the earth, or what? A. Pressure. Q. Pressure? A. Yeah. Q. So how much pressure does it require before this strontium can be loosed in the fractured rock? A. I don't know that. That probably would be a better question to ask your client since they have a lot of the studies that we're not actually able to get hold of. Q. Where -- where under the sur -- earth's surface does this strontium exist? What layer or formation under the earth's surface does it exist? A. Well, I'm not sure I know exactly what layer it exists. I know it's associated with natural gas -- excuse me -- in this case, shale. So I would presume somewhere along the line it's associated with a shale. Is it within the shale? I honestly can't tell
it. When you say it is below protective limits, no, because the public goal -- the public health goal is zero, according to the EPA. This is in the back of 19, if you want to follow along. So benzene, being a carcinogen, a known carcinogen for over 60 years, has no level at which exceeding zero can be health protective. The goal is always to maintain zero. Q. But at levels as low as you found here, the EPA has -- has indicated that at that -- at those low levels, the water is safe to drink? A. No, sir, they never say it's safe to drink. What they -Q. So no -- no water is safe to drink with any amount of benzene in it? A. Well, yes, sir, that's exactly what I would say, that no water with any benzene in it is safe. And again, these are -- these are based on -- National Drinking Water Standards are based on the average individual. They're not really based on children. So that's why I say I don't believe that a known carcinogen, any concentration is safe, nor does that -nor is that supported by the National -- obviously EPA National Drinking Water Standards. Q. Did you tell the Lipskys that the level of benzene that you found in the water was below the EPA
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promulgated standard? A. I probably told them that it was below the standard. What I would have stated was that it was present. If it was in a concentration, again, given the fact that they have an 18-month-old, if there was any present I would encourage them to drink -- or to have the child drink bottled water. I most certainly would not have jumped up and down and screamed hysterically over the concentrations, but I would have advised them that the presence of benzene and methylbenzene is not preferable in their water. Q. You wouldn't have told them that these levels that you found were astronomically high. A. Oh, no, sir, I would not have said that they're astronomically high. Q. If -- if you said a little while ago in your deposition that you told them or that you found that these levels were astronomically high, that was just a misstatement on your part. Right? A. No, no, no. MR. RITTER: Objection, form. A. Their air levels were astronomically high. Q. (BY MR. SIMS) Okay. A. And their benz -- I'm sorry. And the methane in their water was a grave concern. But these
test? Is that under tab 14, too? A. That would be under -- yes, and that would be directly after it and it's under Xenco. If you have a sheet that says Xenco, it's much easier. That's why these sheets were put in. You will have a sheet that says Xenco. It's more -- it's quite -- it's about an inch back. It's quite a ways back. It's after Anachem outside water. Q. All right. It says Outside Sample Water Lipsky L8-100, August 10, 2010, Xenco? A. That's correct. Q. And if we flip over to about the third page, is this the -- is this the test result where it says Certificate of Analysis Summary 385227? A. Yes, sir. Q. What does it mean over here where it says Head Space Analysis by RSKSOP 157? A. It's actually a test. It's a laboratory test. It's called a head space. Q. And what does it -- what does it test for? A. Methane, ethane and ethene. Q. And reading across the page it says ethane 1580 mic -- this is micrograms per liter? A. That's correct. Q. And so to put this in parts per million, it
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chemicals were not preferable and I would not want to see their children drinking them. These are benzenes. These are carcinogens. At no level are they safe. However, I would not have gone into hysterics over a level like this, no. Q. The toluene that you found is also below the protective concentration level, isn't it? A. I believe so. Q. So, in fact, everything you tested for in the water on your August 10th test on the outside test was you either didn't detect it or it was below the protective concentration level, correct? A. Well, if we have a level at all, and again, strontium has no level, so we don't know if the level that what this chemical is at is protective or not protective, just because I don't -- there hasn't been a standard actually established. So for what we are able to detect from the standards that have been established, I would state that nothing had exceeded the standards to my knowledge, according to the National Drinking Water Regulations or secondary -primary -- excuse me, national primary drinking water regulations, or secondary. Q. Now, that's the outside water test. Now, where -- where is the meth -- where is the methane
would be 1.58 mic -- parts per million? A. Yes, but water is always reported in micrograms per liter. Changing it to milligrams per liter is only appropriate for heavy metals. Q. And ethene is below -- was below the reporting limit? A. That is correct, of 1440. Q. And methane is -- you reported at 7,810 micrograms per liter? A. That is correct. Q. Are you aware that the Department of Interior has established a safe level for methane dissolved in drinking water? A. The Department of Interior? Q. Yes, ma'am. A. I have not seen a documentation that supports that, no. Q. Have you ever seen any sort of protective concentration level for methane dissolved in drinking water? A. We have -- we have no national standard or secondary standard for methane in water because it's not usually a chemical that's found in water. Q. Methane dissolved in drinking water is non-toxic, isn't it?
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A. No, sir, I wouldn't say that at all. It causes tremendously bad stomachaches, and there is no confirmation of whether or not it causes any other adverse health effects, but that's something that's very common; it can cause instantaneal (sic) vomiting in children as well as adults. Q. By drinking water that has methane dissolved in it? A. Yes, sir. Q. At what level does it cause vomiting in children? A. It depends on the individual and it depends on the concentration and it depends on -Q. Have you seen any studies about this? A. I have not actually seen too many studies with volume associated with it, but we have had indicators of where there has been a well that's been tested and obviously the response. In this case, the Lipskys were not drinking any water, to my knowledge, so they did not have that effect. However, the Haileys did have the effect, and they -- their dogs had the effect. Their -- I don't believe the Haileys were drinking the water, but I can't remember right off the top. And again, it depend -- it's dependent on whether the chemicals are actually combined with other
it, but I don't know the dates that they -- if they stopped drinking it, what date that they stopped drinking it. Q. Lipskys never reported to you any -- any vomiting or any of that stuff, did they? A. Well, I don't recall that they ever stated anything about vomiting, although Mr. Lipsky had had some adverse health effects that I believe directly -was directly related to the methane because he was at the house more than Ms. Lipsky and the children throughout the summer, but I don't know if he was drinking the water. Q. Did you ever do any kind of a physical exam of Mr. Lipsky to try to diagnose what -- what adverse health effect he may have had or not had or what the cause of it was? A. No, sir, I am not a doctor and I would not do that. Q. And any -- anything you might provide on that would be just pure speculation, wouldn't it? A. No, sir, it's not speculation. It is educated understanding of what chemicals can do to -adverse health effects of chemicals to the body. Q. Well, at 7.8 parts per million, methane dissolved in water, at least according to the
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chemicals. So in this case you don't have just methane; you have methane and ethane as well. Q. You don't -- you don't know if the Lipskys ever drank any of their well water? A. I do know that they were actually -- yes, I do know that they were actually eating it. The children were eating it throughout the summer in slushies, and I advised them immediately not to use the water until we were actually able to confirm that it was okay to -- to drink. I don't recall if they told me that they were drinking the water, but the children had been eating icees all summer long made with the water. Q. What's your understanding of when the Lipskys ceased using their well water to drink? A. I'm sorry. I just don't recall a specific date that they told me that they had stopped drinking the wa -- the water. Q. You think it was after you came along? A. Well, I would hope that they stopped using the water when I came along. I would anticipate, given my concern for their family, that they would have heeded my suggestion that until we actually confirmed whether the water was good or not or safe for the children to drink that they would have stopped drinking
government, is a safe -- safe level, isn't it? MR. RITTER: Objection, form. A. No, sir, I would not consider it a safe level in any way, shape or form, nor is it appropriate to look at water results in micrograms per cubic liter when it comes to VOCs and methane. It's appropriate to look at in micrograms per cubic liter. So no, I would not consider that a safe level. I'm sorry, I would have to disagree with them if they actually stated that, and that's based on the fact that I find that when people -- when people drink this level of contaminants, they wind up with adverse health effect. Q. (BY MR. SIMS) And who -- who have you known that has drunk water at 7,810 micrograms per liter of dissolved methane that has gotten sick? A. Well, I'm not sure I know of anybody specifically at 7800 micrograms per cubic liter. However, the -- the Haileys' animals were drinking their water and the methane levels were considerably lower than that, and experiencing vomiting and hair loss. So that would be a direct correlation to the potentiality of exposure to methane. Q. Are you a veterinarian? A. No, sir. Q. Did you do any kind of testing on the
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Haileys' dogs to try to determine what was causing the dogs to vomit and have hair loss? A. No, but that is actually two of the issues that are commonly associated with volatile organic compounds. The hair loss on animals specifically, and the vomiting, that's very common. So there would be a correlation in my mind. If she said, you know, "This is unusual, my animals are experiencing this syndrome and my husband has horrible, horrible stomachaches," my first comment would be, "Why don't you wait to drink the water until after I test it to make sure that it's okay." Q. And when you tested the Haileys' water, everything came back below the protective concentration levels, didn't it? A. I believe everything came back nondetected except for methane. Oh. No, no, no. They had -- they had boron, magnesium, manganese and strontium and barium present above levels of detect, but then the only other chemical that they had as falls -- as far as a volatile organic compound would have been methane. They did have a detection of methane. Q. On that boron and magnesium and all that, is it your conclusion that they have cracked rock underneath their house?
reasonable scientific data that we have accumulated so far. Q. Did you ever communicate any of that to the EPA? A. I don't believe I have ever talked to the EPA except for the Department of Justice, sir. Q. And when did you talk to the Department of Justice? A. I spoke with them a week ago -- I apologize -- two weeks ago this coming Thursday. Q. And who did you talk to at the Department of Justice? A. I believe his name is Keith Tashima. Tashima. Q. And what does Mr. Tashima do with the Department of Justice? A. I believe he is an attorney. Q. Who else was present when you talked to Mr. Tashima? A. He had two other counsel with him. I apologize. I did not get their name nor did they offer it. Three other. Three other counsel. Q. And where did you -- where did you meet with Mr. Tashima? A. Yes. We met at Region 6 headquarters.
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A. It would be my conclusion based on the fact that they have the presence of methane, boron, magnesium, manganese, strontium and barium, that there has been some event in which their water well has absorbed some natural gas to some concentration. Q. You don't know what that event was? A. No, sir. Q. Do you know what the event was that caused the Lipskys' water well to contain methane? A. Well, based on our results, I would say that it was what I had stated before, that there was a nat -- there has been at one time a natural gas well that has blown into their producing water well which supports their residence, and when you see concentrations in the -- sorry. When you see results like this, it's -- it's a foregone conclusion that they have had some impact. Q. Some impact from a -- an existing natural gas well? A. From a gas well; given the time that they've stated that they did not have issues versus the time they had issues, I would say a recent gas well. That would be how I would state it. Q. And it's a foregone conclusion? A. It's my scientific opinion based on
Q. And where is that? A. Dallas, Texas. Q. And how long was your meeting with Mr. Tashima? A. Fifty minutes. Q. And what all did you and Mr. Tashima talk about or discuss? A. Very quickly, he wanted to know what -- how many -- obviously, much like you are asking, how many times I had met Mr. Lipsky, or when I tested at his property what I found and what I didn't find. It was a very quick, succinct meeting. Q. Did he ask you what your conclusions were? A. He asked me my opinion, yes. He actually didn't ask me my conclusions. Q. What did you tell him your opinion was? A. My opinion was the fact that Mr. Lipsky's house specifically had a severe impact to their water well directly related to a natural gas well of some sort in the area and it had to have been something very close in the area for the volume of con -- volume of product to be present in his well at that concentration. Q. And when you say "the volume of product to be present in his well," what product are you talking
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about? A. Well, the -- the thumbprint that we actually have established through air testing is that of natural gas, isobutanes, pentanes, et cetera. So that would lead us to believe that it was from raw natural gas. Q. Okay. Back up. The thumbprint that you have established through air testing -A. Mm-hmm. Q. -- you are applying that to water testing? A. Well, yes, sir. Q. And -- and what thumb -- what thumbprint have you established in air testing? A. Well, we have discussed this before. Basically what we are looking for with natural gas is the primary product of methane. Then you look at your primary products associated with methane. In this case, it is much the elementary compounds of isopentane, butanes, many of the what we call the primary products, which are the -- the primary volatile organic compounds that we see prior to any kind of processing, as well as benzene, toluene -- as well as benzene, ethylbenzene, methylbenzenes, xylenes, and many of the other compounds associated with them. Q. So any time you find any of that stuff, you
methylbenzene. Q. Did you provide the -- Mr. Tashima at the Department of Justice with any documents when you met with him? A. I provided him with similar documents that you have. I did not provide him with all the documents that you have. The re -- the laboratory results that Mr. Lipsky and Mr. Hailey have were provided to him. Only the laboratory results. Q. So, for example, he didn't -- Mr. Tashima didn't get the Dallas Lab results about these surfactants, correct? A. I believe he did. Q. Well -A. I may be wrong. I may be wrong. If he did not get them, I -- we -- I pulled documents for him. He did not ask for any documents, he just asked for my opinions, but I did submit a document -- documents that supported my opinions. Q. Can you -- can you provide or make a copy of all the documents you provided to Mr. Tashima as a part of your deposition in this case? A. Well, no, sir, I can't. And the reason why I can't is because the documents that I provided him were -- were the same documents that I provided you,
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just chalk it up to it's due to natural gas production? MR. RITTER: Objection, form. Q. (BY MR. SIMS) Is that -- is that fair? A. No, sir. I wish it was that easy. No, sir it's not. The -- any time that we are looking at concentrations of compounds in an area that have methane at 2,240 parts per billion, ethane at 169, propane at 46, butane at 10, methylhexane at 11,274, and isopentane at 177,000 parts per billion, along with numerous other C5, C6, C7, C8, 9, 10 compounds, methyl -- or benzene, ethylbenzene, methylbenzene, xylenes and their associated compounds, I would say that there is a very strong scientific correlation that that is directly from natural gas. MR. SIMS: Objection, non-responsive. Q. (BY MR. SIMS) You were just looking at your air testing data, right? A. This is specific to the air testing data. Q. Not the water testing data? A. Well, the water testing actually confirms the presence in the air of methane which we got in both instances, ethane which we got in both instances, and then of course the cracked rock aspect of boron, barium, strontium, magnesium, manganese, chlorides and sulfates, and benzene and tolu -- or benzene and
but -- but I don't have a copy of exactly what I provided him, but he -- you have more documents that he received. So he would have only gotten the laboratory results for the Lipskys and then Ms. Hailey's -Mr. and Mrs. Hailey's report with the supporting data, but he would not have gotten anything else. So I don't really have a copy of my own except for just the laboratory results which you have now. Q. Did any of the other lawyers in the meeting or the other participants in the meeting ask you any questions? A. Very few. Q. Did you take any notes of the meeting? A. Oh, no, sir. Q. Was the meeting recorded? A. No, sir. Q. Did Mr. Tashima take notes during the meeting? A. I didn't see him take any notes, no, sir. Q. Had you ever met him before that day? A. No, sir. Q. How did the meeting get arranged? A. I received a phone call from them. Q. Who did you receive the phone call from? A. I believe it was Mr. Tashima. Yes, it was.
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It was Mr. Tashima directly. Q. Now, you -- you -- when is the last time you did work for the EPA? A. I don't recall. Q. It's been within the last six months? A. I don't believe so. I just don't recall. Q. What about the last year? A. I don't recall doing any work for them in the past year. Q. What about the past two years? A. I'm sorry. I just don't recall. I'd have to really think about that. Q. Are you a member of any organizations that Mr. Armenderez is a member of? A. I would not know what associations Mr. Armenderez is a member of. It's very possible we could be, but I would have no idea of knowing that. Q. When is the last time you talked to Mr. Armenderez? A. It would be at a City of -- no. A Dallas Chamber meeting, Dallas City Chamber meeting, Dallas Chamber of Commerce meeting in the Petroleum Club. It would have been a year ago, February 2010. Q. Are there any other third parties that you have talked to about either the Lipsky matter or the
Q. Did you ever -A. So -Q. Did you ever tell Mr. Ritter what your opinions were in this matter? A. Oh, I'm sure I've told him my opinions in the matter. Q. And when -- when would you have first done that? A. Probably close to the -- at the time of the test results -- well, excuse me. It would be -- it would be after he was retained as far as counsel, so I don't know the exact date of that but it would be somewhere around the time that Mr. Lipsky and Mr. Ritter were having conversation as far as counsel, and then obviously the test results. MR. SIMS: Okay. Let's take about a five-minute break. THE WITNESS: Okay. VIDEOGRAPHER: Off the record. 4:00 p.m. (Break from 4:00 p.m. until 4:06 p.m.) VIDEOGRAPHER: One moment, please. On the record. 4:06 p.m. Q. (BY MR. SIMS) Ms. Rich, in connection with the methylene blue test that was done by the Armstrong Laboratory, do you see the first page of their report
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Hailey matter that you haven't told me about today? A. Obviously other than counsel, Mr. Lipsky's counsel. Q. Okay. And who did you -A. Mr. Hailey has never -- I have not spoken to Mr. Hailey since delivering the report. Mr. Ritter I've spoken to. Q. Okay. Do you ever talk to a Mr. Stewart? A. I have spoken to Mr. Stewart only one time, but I don't believe it was related to this case. I don't believe it was. So, no, sir. Q. How many conversations have you had with Mr. Ritter about the Lipsky matter or the Hailey matter? A. We actually haven't had a lot of conversations in the past four months. We -- it's been a little busy. We've discussed the -- obviously the test results and -- but I would say probably conversations, two at the most in the last few months and most of them have been in regards to Mr. Lipsky either needing something or a phone call I received with Mr. Lipsky and verifying that I provided Mr. Lipsky with what he needed, and counsel would have called me and said Mr. Lipsky called him and needed something, "Did you handle it," and I would say, "Yes."
that's dated August 20, 2010? A. One moment, please. And I'm assuming August 10? Q. It says August 20. Their letter -- their letter to you is dated August 20, 2010. A. Yes, sir. Q. Does this -- does this report show the results of the methylene blue active substance test on the water that you collected on August 10, 2010? A. Yes, it does. Second page. (Marked Deposition Ex. 8) Q. (BY MR. SIMS) Let me show you what I have marked as Deposition Exhibit 8 and ask you if you can identify that, please. A. This is on the 14th on the well water, and it is from Armstrong Laboratory. Q. Okay. Was water sample -- was water collected on August 14, 2010, that was sent to Armstrong Laboratories? A. I would have to double-check this, sir. I am not absolutely sure why it's dated the 14th. Q. You told us earlier that your son went out there and took some air samples on August 14th; is that right? A. Yes.
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Q. Did he take any water samples on August 14, 2010? A. Well, I'm not aware of it, but the report appears to say that the sample date was August 14th. So, why I don't have it in my book, I don't know. Q. Well, if we look at your book, the cover page says Outside Water Sample August 10, 2010, but then when we actually look at the report behind that page -A. Oh. Thank you. Q. -- the sample date says August 14 -A. Yes. Q. -- 2010; doesn't it? A. That's absolutely true. Q. So is the sample date actually August 14, 2010? A. Excuse me. If it says August 14th, the sample date, then it would be consistent with August 14th. Q. So your son must have grabbed some water samples out there on August 14 when you weren't there, correct? A. My technician must have picked up surfactants, but nothing else was run to my knowledge on that date, unless something else is coded
confirm with -- confirm with him that we did additional water testing, or he did additional water testing on the 14th, because I was not present on the 14th. Q. Where was this sample taken from that is dated August 14, 2010? A. I would -- okay. Let me look. It's the well. Q. Just says well water, right? A. It -- yes, it does. Q. Did he climb back up there on top of that 5,000-gallon tank and dip down in there with his hand and all that -A. No, sir. Q. -- and grab a sample? A. No, sir. He would have been instructed not to do that. By the 14th we would have had the hose that I told you about that was connected to the actual wellhead -Q. The green -A. -- water well. Q. The green hose? A. The green hose. Q. Is that where he collected this sample, out of the green hose? A. I would assure you -- that would be my
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incorrectly. So I would have to confirm that. It appears that on the 14th -- it appears that on the 14th something was run, yes. Q. And there is a chain of custody report here that is -A. The 14th. Q. Dated August 14th of 2010? A. Mm-hmm. Q. Is that yes? A. Yes. Yes. I'm sorry. Yes, it was dated August 14th. Q. When you -- when you testified earlier about taking water samples to get the surfactants tested on August 10th, 2010, did you in fact take samples for that on August 10, 2010? A. Well, there's no question that we took samples for MBAS on August 10th. There's no question about that. Those were submitted to Dallas Laboratories, because we had so much problem with Dallas Laboratories, it is very -- and again, because we had samples that got lost and didn't get turned around in time, it is very possible that I had him take additional samples on the 14th but we only took them for MBAS. I don't know of any other samples that we took for VOCs or anything else. So I would have to
assumption. I would assure you he would not have crawled back up on the tank. He was -- would not have done that without me being present. He wouldn't have done it, period. So that date on the outside is absolutely wrong. It should be August 14th, 2010, for the outside water samples but that's the only one that should -that should be a 14. Q. This methylene blue test, does it -- does it describe or say what surfactants were found, if any, with any specificity? A. Methylene blue is a category of surfactant, sir. Q. Well, what are you looking for as a surfactant? I mean, what -- what were you looking for by doing this test? A. Surfactants are not naturally occurring materials. They are a created substance that is used in what we call slick water high volume fracturing, and they are a slippery substance that keeps the drill bit from getting stuck and broken off and enables the extraction of materials easier. So what we are looking for is another aspect or confirmation of presence of, in this case, drilling compounds directly related to natural gas. They are not used in water wells.
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Q. So did you conclude from this test that there were drilling compounds in the water? A. No, sir. I confirmed with this test that there's MBAS in the water. Q. Did you tell Mr. Lipsky that the results of this test indicated that there were drilling fluids or drilling compounds that were in his well water? A. I would have told to him that this is evidence to support the fact that on previous tests, and obviously future tests, that we had a confirmation of compounds that were directly related to natural gas drilling, which surfactants are, and these are just a category of surfactants. Q. Does this water nat -- naturally have a lot of sulfur in it? A. The water does have a high concentration of sulfur, yes, sir. Q. Do -- do sulfurs and sulfates naturally react with methylene blue? A. Do they react with methylene blue? Q. Yeah; do they -- do they cause a positive result from methylene blue? A. Only in the presence of methylene blue. If there are no methylene blue, they would not react with anything.
Q. -- when in fact there may not be any, anything else there? A. Again, that question does not make sense to me and I would have to defer back to the same response I just gave you, is that if MBAS are present, it is irrelevant whether chlorides or sulfites are present. You are still going to have MBAS reactive based on sheer presence. Q. Why does Armstrong get a positive result and Dallas Laboratory concludes that the water does not contain surfactants? I mean, that's their statement, isn't it? A. That is correct, that is their statement. The primary reason that I believe we had issues with Dallas Lab was the fact that Mr. Jones, who is the manager of the Dallas Lab or owner - I'm not sure which at this point - informed me in a conversation that 99.9 percent of his business is with the geologic and natural gas/oil companies, and that my report stating the fact that -- that a report with his name -- not with his name in it, with the company name in it, was not really good for his business. So shortly after that, slippery water, which I can tell very clearly on my hands has surfactant in it, not the concentration but the
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I'm not sure I understand your question. I'm sorry. Q. Well, how is this test performed? Can you describe that; do you know? A. No, sir. Q. You don't know? A. Oh, no, it's a laboratory test. You would have to ask Mr. Armstrong how it's specifically performed. Q. Well, if you get a positive result from the test -- what is the result, point 1 -A. 0.157. Q. And will the presence of sulfates in the water cause a positive result from this methylene blue active substance test? A. Will the presence of sulfates? Q. Yes. A. The presence of sulfates or the lack of sulfates is not specific to the presence of MBAS. MBAS appears where MBAS is at, irrespective of the other compounds that it's with. Q. What about chlorides? Will they cause the results of the methylene blue active substance test to show positive results -A. I'm --
presence, shortly after that most of my lab results came back negative despite the fact they were extremely slippery to the point that you have to be very careful holding onto a glass in this type of water. So at that point I understood that Mr. -- Mr. Jones' concern that he eloquently and very carefully stated, and I thanked him for his business and I changed labs. Q. So you think that Mr. Jones at Dallas Laboratories created fraudulent reports -MR. RITTER: Objection, form. Q. (BY MR. SIMS) -- to provide you? A. No, sir, I do not believe that they created fraudulent reports in any way, shape or form. I believe that oftentimes our holding time was outside of what normal holding time would be, which could possibly result, despite the fact you perform extremely proper laboratory results, possibly have -- were not performed on a timely basis and therefore our results were -were negative. Q. What is the appropriate holding time for this sort of test? A. You would have to ask him -- or you would have to ask a laboratory the exact holding time. I have been told by Armstrong Laboratory that if I do not get the results in to them -- excuse me -- if I do not
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get the samples in to them in 48 hours, that they are not going to rely on the results. So is it a 48-hour hold or is it sooner than that? I don't know. Or, excuse me. Later than that. I don't know. That's the Armstrong's policy, is my point. Q. Did Mr. Armstrong provide any sublation in connection with his testing? A. Define "sublation," please, sir. Q. What they say on the Dallas Laboratories report is, is that sublation was required due to excessive chloride content in this sample. A. Well, that just confirms the fact that there was probably a problem. I don't know, sir. Q. You are aware that chlorides in the water can cause a false reading on this methylene blue active test, aren't you? MR. RITTER: Objection, form. A. No, sir, you'd have to ask that specific question to Mr. Armstrong in his procedures. I'm sure that he would be aware of any issue related to that. Q. (BY MR. SIMS) And the .157 that was found even under the Armstrong report, again is below any aesthetic protective limit, isn't it? A. It's below the national secondary drinking water limits of point zero -- excuse me. .5 for
side of the page. A. Mm-hmm. Q. Do you see that? A. I'm sorry. Q. It's in 14. It's on back from where we were. A. Okay. I am aware of that, yes. Q. What is this -A. Yeah, it would be easier if I just tell you what it is. I'm hunting for it. It's not there. That is actually a spectrum that Anachem did to identify some of the chemicals that were present, and again they -- they aren't certified to do that, so basically what they -- what I asked them to do was, "Hey, take a look at your gas chromatograph and tell me if anything is popping out or not popping out at you," and that was one of the spectrums that -- that they took a look at, and I can't find my spectrum but I know I've seen it. Q. Did they report, did Anachem report these on their report? A. No, sir, because they're not certified to do so, so I did not ask them to do so. But they were in my possession, so that's why I submitted them today. Q. Who prepared this handwritten chart with
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foaming agents, and surfactants are considered a foaming agent; so yes -Q. And secondary -A. -- in answer to your question. Q. The secondary limits are -- the secondary level is -- they're just aesthetic qualities to the water; they're not health issues, correct? A. No, I would disagree with that. Q. Well, what are the secondary levels for? A. What are they for? Q. Yeah. What are they -- I mean, why do they differentiate between a first level and a secondary level? A. Well, I think your term "aesthetic" is probably what I am -- what I am disagreeing with more than anything, is I don't consider them aesthetic or not aesthetic. The national and secondary drinking water regulations are guidelines regarding contaminants. They are not aesthetics in something. I don't call -- I don't consider them aesthetics, sir, no. I consider them, just like anything, they are a contaminant. Q. Flipping on over in Exhibit 14, there is a piece of paper that looks like this that's got "propane" at the top and it comes down on the left-hand
all these graph -- these graphs and things on it? A. Right. That would be actually one of the laboratory managers or one of the laboratory people. This is why I ran the Xenco. Q. On the Lipskys' inside water report, it looks like everything came back as a nondetect except for the boron, magnesium, manganese and strontium and -A. Barium. Q. -- barium. A. That's correct. Q. And all those levels are below any protective health limits, aren't they? A. That's correct. Q. And even though on the inside water, after the water had been processed through their filtration system and even though there's nothing detected of any protective health concern, you still advised them not to use the water? MR. RITTER: Objection, form. A. Well, that's only one test that was performed, sir. Q. (BY MR. SIMS) That's the August 10th report. A. Yes. But Xenco -- I'm sorry. Xenco had a
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result of 234 for methane, and that was on the inside. Q. Okay. Where is that? A. Directly after. Directly after the one that you just mentioned. And the ARS had -- I'm sorry. That was a well water. Never mind. Or maybe it was -it was before -- no. It was after. Q. Is this -- is this the ethane, ethene and methane by Xenco? A. Yes, sir. Q. It says "BS/BSD Recoveries"? At the top. A. I think I'm on the same page as you, yes? Q. Does it say "BS/BSD Recoveries" at the top, "Project name Lipsky"? A. I think you -- you're on -- you're on the -- you're on the QA/QC. You are on the QC -- the QA/QC report if you go forward. There you go. Yeah. Now, that's the results. Q. All right. So on this, on the inside, the ethane and ethene were below the reporting limits? A. That's correct. Q. So there was no detection there. A. That's correct. Q. And methane was at 234 micrograms per liter. A. That's correct. With a reporting limit of
in this area of Parker County, Hood County, prior to Barnett Shale drilling? A. It is known to have biogenic sources at times, but it most certainly would not produce this level under this condition along with the other compounds. Q. Have you ever done any testing of any natural gas in well water prior to drilling of Barnett Shale wells to determine whether that was biogenic or thermogenic gas? A. The Barnett Shale has been, according to industry, been around since 1940. So I guess I would have to state that no, I was not born in nine -- before 1940, so I have not had any testing done that would preface the original Barnett Shale drilling. Q. Well, let's just ask it this way, Ms. Rich: Have you ever tested any gas anywhere any time as -- to determine whether it is thermogenic or biogenic? A. That would actually be done by an ion spectrum, and I actually don't perform ion spectrums. I believe EPA does. Q. So your answer is no, you have never --you have never made that kind of test? A. I would -- I actually have never done that
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10. Q. So that would be .234 parts per million? Correct? A. Well, sir, if you'd want to put it that way. We report in micrograms per liter or parts per billion. Q. And you are not aware of the Department of Interior's level of 10 parts per million for dissolved methane in drinking water? A. I am -- I am not aware of that report. I would certainly embrace reading that report, whether or not I agree with it or not. Q. Was this an astronomically high number that you talked to the Lipskys about? A. I don't want to see any methane in their water. There's no reason to see any methane in anybody's water. That should be a below reading, or BRL or a nondetect. Q. Methane occurs naturally in drinking water in many parts of the United States, doesn't it? A. No, sir, I would disagree with that. And it does not exist in the -- in our area loose without having any fracturing or stimulation of the soil -- of the underground matrix. Q. It's never existed in any of the well water
kind of test, although I would love to, but that's not what we do. Q. Are there any -- are there any geological formations between the Barnett Shale and the surface of the earth that are naturally bearing -- that bear natural gas -A. I -Q. -- in this area of Parker County? A. When you say "natural gas," are you talking about biogenic? Q. I'm talking about methane. A. Once again, are you talking about biogenic? Q. I'm just asking you are there any formations between the surface of the earth and the Barnett Shale that are naturally occurring methane-producing formations? A. There are -MR. RITTER: Objection, form. A. -- many shales layered on top and below the Barnett Shale. So. Q. (BY MR. SIMS) Do they produce natural gas? A. They cannot produce -MR. RITTER: Objection, form. A. -- natural gas unless they are stimulated. Q. (BY MR. SIMS) Are there any -- are there
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any gas wells in this area of Parker County where -- by Silverado On The Brazos that produce gas in formations above the Barnett Shale? MR. RITTER: Objection, form. A. Well, sir, I'm afraid Range would have a better idea than I would of that because much of that is private information and proprietary information, so I would not have data available to either support or deny that. Q. (BY MR. SIMS) Do you know, if methane exists in geological formations below the surface of the earth and above the Barnett Shale, what the source of that methane is? MR. RITTER: Objection, form. A. I would make the assumption it was very similar material as far as plant material, but that's as close as I could come up with an assumption. Q. (BY MR. SIMS) Is there an MBA test from Armstrong Laboratories on the inside water? A. On any date? Q. From the August 10th date. A. No, I don't believe so. Q. So your testimony earlier about taking samples to send off for the MBAS testing at both Armstrong and Dallas Laboratories from both outside
like detergent. And for just -- I'm going to say probably a two-month period prior to the Lipskys, I had had reports that the water did not contain MBAS despite the fact I -- it appeared to foam, despite the fact it became incredibly slippery -- or it was. Excuse me. At the time of actually getting hold of it, it was extremely slippery to the point that we had to be very, very, very careful not to drop the sample, and yet the sample came back negative. At that time, right around the time Lipsky occurred, I made the -- I made the decision, after a conversation, to no longer use Dallas Labs. However, we had already submitted samples to the Dallas Labs. So that's fine. Q. Where were these other samples taken from that you have told -- that you just told us about? A. It was in the Argyle/Bartonville area. Q. From one property owner or multiple property owners? A. Several property owners. Q. Did you then turn around and send those, get more water samples and then send those to Armstrong? A. Actually, the clients sent water samples directly to Armstrong at my advice to see if their
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samples and inside samples was incorrect? A. Yes, I would have to correct myself on that. At this point, what it -- what it appears, that the August 10th was submitted to Dallas Laboratories for inside as well as outside. I believe my conversation -- or I believe my decision to -- I believe our decision no longer to use the lab came shortly after the fact that we got back several results that were inconsistent with the submitted sample, and obviously that's when the -- when my technician went ahead and picked up another sample on his way out. Q. Let me explore that, then. So you, in and around this time period of August 10, you had received some other sample results on other matters that you had submitted to Dallas Laboratories? A. That is correct. Q. And -A. And -- I apologize. Q. And the results of those tests were different than what you thought they should be. Is that -- is that fair? A. That is fair, on several clients. We had tested their water and it was -- again, it's as slippery as a pig. It's extremely slippery. It foams
samples came back. Again, these were consistent times, et cetera. And they -- they actually sent samples to Armstrong and they got a positive back, despite the fact we had a negative result. And these are side-by-side houses so they're at exactly the same well depth, so there's -- there's not a variation of miles between or periods between that would make sense to have a negative or a positive result. Sometimes we get a negative, sometimes we had a positive, simultaneously, with us taking samples at side-by-side houses. So there was inconsistency in the laboratory. At that point, you cannot use the laboratory; you have to change. Q. So you didn't get the results you wanted from Dallas Labs and that's when you decided to change to Armstrong Laboratories? MR. RITTER: Objection, form. A. Well, that would be a good idea. The problem was I wouldn't have gotten the test results back by 10 -- by -- excuse me. August 14th. I would have gone ahead and sampled water on August 14th and August 10th. I would not have even seen a test result on Dallas Labs until a minimum of 14 days, which they were more like three weeks to a month by the time I got
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a report. So I wouldn't have known the test result to begin with. What I -Q. (BY MR. SIMS) But you knew them from these other property owners as of August -A. Well, again, we got -- we got variable results that were inconsistent with our -- with our submission of samples. So the point is we went ahead and collected an additional sample because of our concern for the inconsistency of the reports. I didn't say that Dallas Labs produced all negative reports. I said that they were highly inconsistent. Q. Did you provide the Lipskys copies of the Dallas Laboratory reports on the surfactant? A. I would presume that they had the samples. Once again, I would have to look at the cloud to make sure that they were in the cloud, and I don't know that answer to begin with. I mean, I don't know the answer absolutely for sure. They should have received the results. Q. But you're going to produce, give us a copy of everything that's in the cloud? A. Yes. And it is possible that a sample might not have been in the cloud, but they are supposed to be uploaded to the cloud. Q. This ARS report, American Radiation
Q. And everything came back below the detection limit except for K-40? A. That's correct. Q. What is K-40? A. Potassium. Q. And is the result shown a high level or a level that's of a concern of any kind? A. Well, we look at two things. First of all, we look at the individual chemical. And in this case, potassium came in very high. The other thing that we look at is the NORM activity, which gives us not only the -- the gamma, but also the beta rays. So in this case, we looked at the fact that we had a total activity of 685, which is very high. That -- that does not -- if you add up the analysis results of the chemicals that are stated in the column, it will not add up to 685 because what we are looking at is a combined beta and gamma instead of just the gamma in this case. So 685 is -- is high, there's no question, which indicates that there was radioactive -- there are activities, naturally occurring radioactive material present in the water matrix. Q. There's naturally occurring radioactive material? A. NORM, correct. And again, naturally
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Services report, does it -- does it reveal or show any negative results? A. Well, it doesn't actually show any negative results. What it shows is results that were under detection limits. It also shows a result that was above detection limits. So I wouldn't say negative results. Q. Is everything that was tested for -- what does the "U" stand for over here? A. "Under." Under detection limits. And if there is not a "U," then that is -- that is a chemical that came up above detection limits. And that, again, is only for the gamma. Q. What -- what is being tested for here by ARS? A. Radioactive material. Q. Was this done on inside water or outside water? A. This is done on outside water. Q. Is this the only radioactive material test that was performed? A. I believe so. Off the top of my head, I believe that was the only one performed, but I will verify that in just a moment. Yes.
occurring indicates the fact that there is radioactive material locked inside rock that is very happy to stay inside rock at low -- low numbers. When we fracture rock, we have a tendency to have higher numbers of NORM because it is now loosed into an aqueous or water solution. Q. In what portion of the earth is -- are these radioactive materials located? A. Rock. Q. And where below the surface of the earth is this rock located? A. Q. Shale. Only in the shale?
A. Well, it's -- it's present -- it's -- it's highly correlated to shale. It's highly correlated to the presence of methane may be a better way of saying it. Q. So these radioactive materials are highly correlated to the presence of methane? A. Those are very present in rock, period. But again, their quantities are relevant, not just the presence of them. Sometimes I get extremely low concentrations. In this case it is not a low NORM activity. It's actually a very present active NORM activity, which indicates that somebody has crushed or
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pounded rock in order to loosen this material into an active state. Q. What does this mean where it says, "MDCs high due to nature of sample matrix"? A. That's correct. Aqueous -- if you will notice on the analysis results, there is a very high error analysis. And the error analysis then therefore gives us a negative or gives us, even though it has a really high number -- well, I won't say it has a super high number, but like 66 is a fairly high number but it is still underneath the un -- it's un -- under quantity, and that's because it has a very high error. So aqueous compounds have a higher error rate in analysis in the laboratory than a solid soil matrix because, here again, naturally organic -- I apologize -- naturally occurring radioactive material wants to be locked in rock. It doesn't want to be in water. Q. So with this high error rate, can you really glean anything from any of this? A. Well, with the high -- higher error rate, you look at the lack of the U's rather than looking at the U's is the best way I can explain it, and the U's indicated undetect or below level. So. Q. What did you advise the Lipskys about this
Q. Do they have any -- did they have any storage -A. No, no, no. Q. -- tanks anywhere where they store any sort of carbon compounds to use for any purposes around their home? A. Mm-hmm. MR. RITTER: Objection, form. A. They have a propane tank that is located in the acreage to the north, but I honestly don't know what -- I don't think they use it. In answer to the other question that you asked me, the answer is no. I apologize. But they do not have any access of natural gas pipe to their house, to my knowledge. Q. (BY MR. SIMS) Is propane a form of naturally occurring gas? A. Propane is one of the compounds in natural gas, yes. I'm sorry. Q. And do they store propane on their property? A. They have a propane tank on their property. Q. And how big is that tank? A. I do not know, sir. Q. Is it -- does it sit above the ground or --
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ARS sample? A. I would have advised them that this was another supporting evidence to the fact that we are seeing the result of cracked rock underneath the earth and the fact that there is very active NORM material going on. Q. And is that what you told the Department of Justice? A. I would tell the -- I don't recall specifically talking about ARS or individual reports of -- of these -- of these reports. I would have told them that I got a positive, and, once again, what we have been discussing, the presence of VOCs, the presence of methane, the presence of boron, strontium, magnesium, manganese, the presence of surfactants, the presence of NORM activity, active NORM activity that supports the conclusion that this is -- the activity in the well water as well as in the air is directly related to natural gas operations. Q. Did the Lipskys use any -- any forms of natural gas in and around their house? A. Oh, you will have to ask them that question. I am not aware of them using any kind of -any form of natural gas. I do not believe -- I -- I don't recall that they have.
A. It's above the ground. Q. Okay. And is it one of those, kind of those silver-looking things that you see? A. Yes, sir. Q. Okay. And you saw it -A. Yes, sir. Q. -- out there? A. Yes, sir. Q. Okay. And where was it located? A. To the north property. They have acreage to the north. So that would be -- that would be on the property directly below the Haileys' property. The Haileys' property is elevated above the Lipsky property. Q. Do they have any other storage facilities where they store butane or propane or any -- anything like that? A. Not to my knowledge, no. Q. Do any of these readings on this ARS report cause any health concerns? A. Any naturally occurring radioactive material has a radioactive element to it. The radioactivity is related to two aspects. It's related to the individual chemical, in this case the potassium was in very high concentrations, but it's also related
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to the overall activity in the -- in the -- in the aqueous material which has not been separated out. Radioactive material has side effects, the concentration at which is -- is variable depending on the different type of ray. Q. And my question is, ma'am, is based on these reports, at whatever rate they -- they decay and all that, is it any health concern? A. Well, yes. I would say yes, absolutely. Q. Have you compared those to any sort of protective health levels promulgated by any agency or anything like that? A. Right. Radioactive material, basically the premise is that it's not health protective for you, so the limits specific to this total activity has not necessarily been compared to any -- any levels because it's a combined activity. Instead of having a beta or gamma separate, we don't have that capability of comparing it. Q. Flipping on over from that, it looks like the boron detection was out of acceptance limits with a recovery of 124 percent, on the Case Narrative dated September 2, 2010, with respect to Lipsky Project L8-200. Do you see that? A. I'm sorry, Mr. Sims, would you say that
there was a recovery of 124 percent, you would have to then address to them, well, what is our air factor on that one chemical? And on the one chemical, you know, we may have an air factor or it may just be that it is high and they were questioning why it came up so high. But it's outside the normal limits. Q. And so there's a problem with this report with respect to the reporting of mercury and boron in the report? A. Well, not necessarily a problem with it. It could be that it came up high and they were saying, "Hey, guys, it's really high. We don't know why it's high, but you might know why it's high." And many of my samples do come up high for boron because we don't normally see boron in very high -- well, excuse me. The laboratory does not normally see boron in very high concentrations. Q. I want to ask you about, in connection with your air testing, I noticed you had some -- you've got a color chart in your -- your book, correct? A. I do have a color chart. Do you have a color chart? Q. I don't. And -A. Would you like to copy it? Q. No, that's okay.
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again? Q. Yes. I am looking at the Case Narrative by Anachem with respect to Lipsky Project L8-200. A. Okay. Recovery for mercury? Q. Right. A. And boron? Q. Right. A. Correct. Q. And those -- those results for mercury and boron are inaccurate, correct? A. I think mercury was negative, wasn't it? Mercury was a nondetect. When we have a situation of it's out of acceptance limits, we will have an error factor. The concern that we have, and you will have -this is a question that you would address the lab directly because, again, we try to not -- we try to not get -- assume what they are saying, let them tell you directly. If a boron is supposed to be a certain limit and it comes up high, the -- the lab will then identify it with a CB recovery identifying that it came up higher than what was anticipated to be. So in this case the boron did come up high. Whether or not they would say that there is an air factor of 124 percent, which they didn't, they said
A. Okay. Q. Actually we do have. We do have some color charts here -A. Okay. Q. -- that we did get copies of. And we might go ahead and make a copy of that. (Marked Deposition Ex. 9) Q. (BY MR. SIMS) And Exhibit 9 to your deposition is a copy of the color chart? A. Yes, sir, I believe it is. Q. And this -- this shows what you found to be in exceedance of a short term ESL in the air testing? A. Yes, sir, it is. Q. In connection with both the inside and outside? A. Yes, sir, they are compared side-by-side. Q. And the only thing that was identified within the lab certification was ethylbenzene in connection with saying that it exceeds a short-term ESL, correct? A. I believe that's hexachlorobutadiene. Q. Excuse me. Hexachlorobutadiene. Right. These other things on the chart are tentatively identified compounds, right? A. The test that was ascertained for the other
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compounds are light hydrocarbons and tentatively identified compounds, and those -- that is a con -that is a methodology in order to ascertain something outside of a TO-14, which this first page represents the compounds present in TO-14. Q. And the TCEQ has stated in writing that tentatively identified compounds cannot be accurately identified both as to the identity or the quantity, haven't they? A. I don't know if they have actually stated that, but they are absolutely incorrect in that statement if they have stated it, because an AutoGC, gas chromatograph, can get up to a hundred percent accuracy with an ion spectrum, which I have requested from the laboratory at this point. So I can give you every single chemical and its identity of -- what you are looking at right now is above 70 percent, but that does not mean these chemicals are above -- excuse me. That does not mean these chemicals are at 70 percent. It means that they are no less than 70 percent. And the light hydrocarbons are a test that have no error factor in that regards and so they are a very solid test and not controversial in any way, shape or form, nor have they been something that TCEQ has maligned as an inaccurate test.
compounds in your chart -A. Mm-hmm. Q. -- is not within the scope of NELAC accreditation, correct? A. Well, that's correct. Q. Okay. And it goes on to say, "Instrument calibration not performed for this analyte." A. Right. Q. And that's what the lab said. A. That's correct. Q. Is that accurate? A. Well, that's accurate, but what your statement is -- making is not accurate. First of all, NELAC accreditation has no accreditation for anything other than a TO-14 or a TO-15. So right there that's a true fact, that NELAC doesn't approve -- or, excuse me, there is no accreditation policies for anything other than TO-14, TO-15. However, that does not mean that an AutoGC mass spectrometer has any error factor at all related to it. We can actually identify each and every compound by the percentage in which we have identified them because it is done by a computer based on its ion fingerprint. MR. SIMS: Object to the responsiveness of your -- that portion of your answer.
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MR. SIMS: Object to the responsiveness of your answer. Q. (BY MR. SIMS) The -- the reports that -that you provided to the Lipskys specifically say that the -- the instruments were not calibrated to determine these tentatively identified compounds, don't they? A. No, that's incorrect. They are calibrated. Q. Let's look at table or tab 13. This is your air lab results, correct? A. Mm-hmm. Q. Okay. Let's flip back to the -- about the eighth page where you've got GD air testing and it says "Revised Report of Analytical Results." Do you see that? A. Okay, yes. Q. And all these tentatively identified compounds have an "N" out beside them, right? A. That is correct. Q. And over -- down in the bottom in the footnote where it says "N," it says, "Not in the scope of NELAC accreditation." A. Mm-hmm. Q. Right? A. Right. Q. Every one of these tentatively identified
Q. (BY MR. SIMS) I mean, the lab said the instrument wasn't calibrated for that at -- for this -for these analytes that are tentatively identified. Isn't that what the lab said? A. The lab states that the instrument calibration is not performed for this analyte based on the fact that it is outside the scope of the NELAC -NELAC accreditation. Q. Thank you. A. However -Q. Now -A. -- it is not an error at all. Q. Well, you don't know that because they say that it's only reported within a 70 percent accuracy figure. A. No, sir. That's not correct. It is no less than 70 percent. That is the factor, that it is not presented to me in -- under any -- any circumstances it is less than 70 percent. What I -- I identified is every single one of these compounds we will identify with an ion spectrum and you will know the exact results on how high they are. Sometimes I get 90 percent confidence. Sometimes we get 87. But they are no less than 70. Q. So for any of these tentatively identified
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compounds, we -- we don't know, but we could have as much as a 30 percent rate of error? A. You have no more than a 30 percent rate of error. Q. Okay. And as far -- as far as identifying the quantity that are reported, we don't know what that rate of error is, do we? A. No, we do know that that is a rate of -what rate of error because it is directly related to the ion spectrum of what is there. So there is a direct correlation. (Marked Deposition Ex. 10) Q. (BY MR. SIMS) Let me show you what I have marked as Exhibit 10 to your deposition. Do you recognize that chart? A. Yes, I do. Q. Did you prepare that in connection with your reports for the Lipskys? A. I prepared this just for the -- well, not -- not in relation to their report. I actually prepared this in -- just so that they can see the comparison. Q. This is what -A. This was easier. Q. This is what you provided them, right?
Therefore, that is why I call them estimated exceedences at the top of the page. I have estimated, without any problem at all, that benzene at the level presented here is going to exceed long term ESL. Q. Is that what you have told the Lipskys? A. What part of that, sir? The long term part of it? Q. Sure. A. Absolutely. I would have told them that with dispersion modeling, I would confirm exactly which of these compounds will exceed. We do have -- styrene is one compound that does have a variable, and that is one compound that I didn't identify as a yes, nor was it close enough. Q. Why did you take the long term ESLs off of the chart that you prepared and brought with you today? A. Well, because the chart that I brought with me today is actually the modification of -- it's not -it is the calculation of our 24-hour canister reading recalculated to a 1-hour comparison of the short term 1-hour ESLs. The TCEQ ESLs. This is a 24-hour not recalculated. This is a 24-hour recalculated, so we have an exact comparison to the TCEQ ESLs for 1-hour short term.
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A. I did. I did send this to them originally so that they could take a look at the short term, long term, and what the inside and outside results are, yes, sir. Q. Did you ever provide them a copy of what you have given us today, which is this color chart? A. You know, I don't know if they ever got a copy of that one or not. Q. On -- on the one that we have just marked as an exhibit, what is the number there? A. 10. Q. On number 10, you've got the long term ESLs on here, right? A. That is correct. Q. And you know the TCEQ has stated that you cannot compare the type of testing you did to long term ESLs? A. Well, the TCEQ says that without doing air modeling, which we do perform, it is very difficult to compare a 1-hour concentration to any type of long term. However, with my experience that I have in the field and my experience with dispersion modeling, it's not that difficult to figure out exactly how these chemicals are going to perform.
So I eliminated the long term so we don't have confusion on any comparison to any long term. Q. So, for example, on benzene on the inside canister you've got 4.88 on what you gave to the Lipskys, and today you are producing and it says 1.53. A. No, sir, the 1-hour would be 7.5. Q. And how do you get that? A. It's a formula. Q. And what is the formula? A. It's much easier to write the formula than it is to actually state the formula. It's a concentration short equals concentration long over -- I apologize. Multiplied times the time-one over time-two by a point-5. It's a standard -- it's a standardized concentration calculation formula where you extrapolate any period of time - be it 72 hours, be it 24 hours, be it 4 hours - to a 1-hour comparison to the TCEQ ESL comparison. Q. Don't you have to know the concentration levels at any given point in time to be able to do that? A. You take the concentration levels in which you have tested based on your time period in calculating it. So, it's a way of comparing apples to
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apples instead of apples to oranges. MR. SIMS: Let me go on and mark these right quick just to get them as part of the record. (Marked Deposition Ex. 11) Q. (BY MR. SIMS) Is Exhibit 11 one of your reports in this case? A. Yes, that's the -- isn't that already marked? Or did we not mark this one? Q. Is that one of the reports that you gave to the Lipskys? A. Yes, but I believe it is the same as your exhibit 8. Q. Okay. It may be. A. Okay. (Marked Deposition Ex. 12) Q. (BY MR. SIMS) What about Exhibit 12? Is that one of the reports that you gave to the Lipskys? MR. RITTER: 11, or 12 you are asking? MR. SIMS: 12. A. Again, I would have to -- I would have to go back to the cloud to make sure. I mean, it looks like one of our reports, of course. MR. RITTER: Could I get a copy of the 11 also? Do you have one? I just got 12. THE WITNESS: 11 appears to be exactly the
A. Yes, sir. Q. No one ever showed you any copies of these pictures or has talked to you about that at all? A. No, sir. Q. Have you ever heard of a public water supply district called Lake Country Acres? A. No, sir. Q. Have you ever looked at any of their publicly available water well reports? A. No, sir. Q. Do you know if any of the Lake Country Acres wells have had methane in them? A. I am not aware of that. Q. Do you know if they ever had methane in them before there was any drilling in the Barnett Shale? A. I know nothing about Lake Country Acres. Q. Do you know anything about a water well that was drilled in 1995 in the Silverado Addition that flared natural gas? A. No, sir. Q. Do you know anything about any water wells on the west side of the Brazos that contain natural gas? A. The only knowledge I have of that is Bubba
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same as 8. MR. OKRUHLIK: I'll get it for you after. MR. RITTER: Okay. If it's the same as 8, I'm okay. If we've established that. So. THE WITNESS: This report is really poor quality. Is this what's coming out of the cloud? (Marked Deposition Ex. 13) BY MR. SIMS: Q. Let me show you what has been marked as Exhibit 13. Have you ever seen that before? A. No, sir. Q. Do you know where this picture was taken? A. No, sir, I don't. Q. Do you see in Exhibit 13 the water coming out of the spigot with the fire coming out of the top? A. I do see that. Q. And do you know when this water well was drilled? A. I don't -MR. RITTER: Objection, form. A. I am not aware of when or where this water well was drilled, no, sir. Q. (BY MR. SIMS) Do you see the large house in the background?
saying that that happens a lot in west Texas, and he mentioned -- he pointed over and mentioned about something blowing up on the west side, but I didn't understand what he was talking about. Q. Do you equate "west Texas" with property just on the west side of the Brazos from where Mr. Lipsky's property is located? A. No, I don't. I would not equate it that way. What he was referring to, I don't honestly know. (Marked Deposition Ex. 14) Q. (BY MR. SIMS) Can you identify Exhibit 14, please? A. Sure. This is the report that I made for the Haileys. (Marked Deposition Ex. 15) Q. (BY MR. SIMS) Can you identify Exhibit 15, please? A. This is the Hailey wells -- sorry. It's the -- it's the house water. And it is an Armstrong report for their house water. Q. Did you use Dallas Laboratories to do any testing on the Haileys' property? A. No, I stopped using Dallas by then, I believe. (Marked Deposition Ex. 16)
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Q. (BY MR. SIMS) Can you identify Exhibit 16, please? A. This is the Haileys' water, and this would be, again, their house water. Q. Is this the Anachem report? A. It is the Anachem report. I apologize, yes, sir. (Marked Deposition Ex. 17) Q. (BY MR. SIMS) Can you identify Exhibit 17, please? A. This is the Haileys' Xenco Laboratory report, and it is the results of the Haileys' house water again. Q. Based on Exhibit 13, does that water well appear to have a significant amount of natural gas in it to you? MR. RITTER: Objection, form. A. I would not know exactly what it has in it unless I tested it. It is obviously burning something, but I would not know exactly what it is unless we tested it. Q. (BY MR. SIMS) Is that a much larger flame than anything you have ever seen out of the Lipskys' well? A. No, sir. The Lipskys' well is -- was
No, sir, I know it did when I was present. And that was coming off the green hose? That was coming off the hose at the time. (Marked Deposition Ex. 19) Q. (BY MR. SIMS) Does Exhibit 19 reflect the green hose that you are talking about on the Lipsky water well? A. It looks something like that, yes. Q. Does that look like where it is attached, from your memory? A. It was attached at the top to some part of the top of it, yes. Specifically, I do not know. But that looks approximately correct. Q. And -- and that's where the -- you saw water coming out of the green hose right there? A. I saw flame coming out of the green hose. Q. Okay. But I believe you testified earlier that you have also seen water coming out of the green hose? A. It -- it would spit water, yes, sir. Q. Okay. A. Not to this level as in Exhibit 18. At the time that I saw it, it did not exhibit -- it did not produce water like this at all. (Marked Deposition Ex. 20)
A. Q. A.
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profoundly larger. Q. Than this flame -A. Yes, sir. Q. -- shown in this picture? A. Yes, sir. Q. When you say "profoundly larger," how -how large was it? A. Well, it would have gone considerably farther than what he -- flame, had we not been uncomfortable with the potential of downdrafts. So it was easily that or larger. And I would state that at the time that I saw him light it, it was considerably larger than that. (Marked Deposition Ex. 18) Q. (BY MR. SIMS) Have you ever seen Exhibit 18 before? A. No, I have never seen this exhibit, no. Q. Whose water well is this? A. Well, I don't know whose water well that is, although it looks like Ms. Lip -- Ms. Lipsky's greenhouse in the background. But that would just be my assumption. Q. So you think that the Lipsky water well flared significantly more than the water well that is shown in Exhibit 13?
Q. (BY MR. SIMS) Can you identify Exhibit 20, please? A. This is an e-mail from me to Lipsky -- oh. In regard to the gas fired microturbines. Excellent. Q. Do you know why you didn't -A. I do not have this. Q. Do you know why you didn't produce that as a part of your records today? A. Very simply, I do not have it. Q. Where -- why wouldn't you have it? A. Well, for several reasons. When we do a search on our -- on our e-mail, it brings up all possible e-mails. In this case, it didn't bring up this e-mail. We also have an automatic fall-off or -in -- in you're your e-mail server, it just drops off. So I don't have this. I would have been happy to produce this if I didn't have it (sic). Q. But is that your e-mail -A. Or, "if I had it." Q. You did -- you did draft it? A. This talks about the gas fired microturbines, exactly. Q. Yeah, and that's your e-mail and you drafted it to Mr. Lipsky on August the 12th. A. Yeah.
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Q. Of 2010. A. Yes. Q. And everything in there is true and correct to the best of your knowledge? A. To the best of my knowledge, that is exactly, yep. (Marked Deposition Ex. 21) Q. (BY MR. SIMS) Okay. Can you identify Exhibit 21, please? A. Absolutely. This is an e-mail to Mr. Ritter. And it clearly identifies the fact that Mr. Lipsky is a wonderful man but he's extremely high maintenance, and I believe I warned Mr. Ritter of that as an attorney, and I also identified the fact that the County Judge is furious, and that, I believe, is directly related to our -- a conversation that we had with the -- between Mr. Lipsky, I, and the Parker County -- the -- Parker County Fire Marshals. Q. Why is Mr. Lipsky extremely high maintenance? A. Because an -- he's an extremely intelligent, extremely high-energy individual that is a mover and a shaker and he is, as would most people under the consider -- under the situation, extremely concerned about his family.
A. Yes. Q. -- you say in here that you are strongly recommending that you take an air sample 5 feet away from the hose that is hooked up to the wellhead. Do you see that? A. I do. Q. Okay. And that's what you did when you sent your son out there two days later on August 14th to take that air sample, correct? A. No, we did not do that. We actually sent -- we actually put it quite a few feet away from the hose. There's no reason to turn it -- I mean, there's no reason to put it by the hose unless -- quite honestly, there's no real -- real reason in thinking either way. It's just we didn't do that, we didn't put it 5 feet away from the hose. We put it about 20 feet away. Q. Well, why would you tell him that you are recommending to do it that way if you didn't mean it? A. Well, it's not that. It's that the gas -sorry. The well, actual well top was bubbling methane. Hissing methane. Not the hose. Irrespective of the hose. He had hooked the hose up later. The -- the -the metal connector at the very top was hissing methane. For it to hiss methane when the hose is
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(Marked Deposition Ex. 22) Q. (BY MR. SIMS) Let me show you what I have marked as Exhibit 22. Can you identify that, please? A. It's from my assistant that says I am re-sending the e-mail regarding the fire -- my gas fired microturbines, that he didn't get that. Q. When you say "he didn't get that," I mean, what -- what does that mean? It says he's re-sending it, right? A. Right. So if she is re-sending it, then you would make the assumption that he didn't get it, to begin with. That's why he's re-sending. Q. You don't know whether he did or didn't, correct? A. No, I can't confirm whether he got it or not. I would make the assumption that my assistant at the time would not have re-sent an e-mail if he hadn't called and asked for it to be re-sent. That would be highly irregular. But no, I don't know whether he got it or didn't get it. Q. Well, let's talk about that, then. What exhibit is that? 22? A. 22. Q. In the e-mail below on August 12 that you sent to Mr. Lipsky --
turned off is a very, very concerning thing. So my concern was, let's get a concentration close to the wellhead in this case -- I apologize. The water wellhead. What we actually did was move it out further because I felt that there would be a confounding factor of it being too close and somebody would say, "Well, you stuck the hose right in front of the monitor, didn't you, when you turned it on?" So in actuality we -- we put it a ways out. Q. Well, that's exactly what you recommended to him on August 12th. A. Well, that's not what we did. Q. And you recommended doing that, taking that air sample -A. Mm-hmm. Q. -- right away -A. Mm-hmm. Q. -- based on your strategy to get the EPA involved, right? MR. RITTER: Objection, form. A. No, it's to get the TCEQ involved. The TCEQ has authority over the air. My point was the TCEQ would be more aggressive, given the fact that they are in the middle
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of the sunset review, and might actually do something instead of sitting on their laurels for two or three years and coming out and taking samples. In an explosive imminent health, imminent danger situation, you have to be very aggressive at getting people involved. In this case, the only reason that -- well, the only aggressiveness that we needed to do was take the sample and show to it the TCEQ and the EPA, because the sample is high enough to be extremely concerning. Q. (BY MR. SIMS) Well, let's read on down in your e-mail. A. Q. Okay. You're still talking about this air test
that you are recommending, to take an air sample 5 feet away from the hose that is hooked up to the wellhead, right? And you go on to say it's worth every penny if we can get jurisdiction to the EPA -A. Q. A. Q. A. Absolutely. -- who oversees TCEQ. Absolutely. And that was your recommendation to It is worth every penny to have the EPA
Mr. Lipsky. oversee TCEQ because TCEQ is not aggressive in a
his hose on fire by the 14th which was extremely concerning, although this was the 12th. MR. RITTER: Could ge go off record for just a second? I just wanted to get a time check. VIDEOGRAPHER: Off the record at 5:22 p.m. (Break from 5:22:36 until 5:22:38) (Marked Deposition Ex. 23) Q. (BY MR. SIMS) Can you identify Exhibit 23, please, ma'am? A. "Waiting on lab" -- "call from lab for methane results." "I will be in meeting the rest of the day." Excuse me. I apologize. "As soon as I get the results I will call you. I will be in meeting the rest of the day ... if you will send me a quick e-mail confirming your approval that I send David Ritter all the information, we will begin copying him on all the e-mails." Q. Have you sent David Ritter copies of all your e-mails from September 9th, 2010 through the present? A. I don't know that I have had any e-mails to copy him on. He was copied on the cloud for all the test results. Q. And when was he done -- when was he copied on the cloud for the test results?
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situation where there's imminent danger. Q. No, ma'am, you -- you told him it's worth every penny to get the EPA to oversee this situation, to get it jurisdiction over this situation. A. I believe -- I absolutely -MR. RITTER: Objection, form. A. -- in a -- in a consideration of imminent danger with the potential of adverse human impact health, that the EPA has the prominent -- the prominent position, not the TCEQ. The TCEQ has not been nor will they ever be an aggressor when it comes to that. It is directly related to the EPA's ability to -- to initiate an emergency response. Q. (BY MR. SIMS) And on -A. The TCEQ has no emergency response. Q. And on August 12, 2010, you didn't have one single result back from any of the testing you had done, did you? A. I -- that's exactly right. We did not have it back by August 12th. However, given the fact that we had adverse health effects experienced by our technician and by myself, there was absolutely no question in either one of our minds that there was a very, very concerning situation. And, at the time, Mr. Lipsky was lighting
A.
I will have to look. That's actually done
through the cloud and it is identified on the cloud. I do not know when he had them. Q. When you talked to the Department of Justice two weeks ago, did you tell them about this e-mail where you came up with a strategy to get the EPA jurisdiction over this matter? A. that. Again, Mr. Lipsky and I had had numerous conversations and in this case he -- he would not get any results from TCEQ, or the results from the Railroad Commission - excuse me, it's not the TCEQ, it's the Railroad Commission - because, as I told him, the Railroad Commission -- the TCEQ does not have any jurisdiction in his area. So, in this case, he needed to have jurisdiction. TCEQ cannot come in and usurp the jurisdiction of the Railroad Commission. It is not within their power. The Railroad Commission can only address water issues. The TCEQ can only address air issues. And the memorandum of understanding prevents them from stepping on each other's -- on -- on each other's presence. I didn't come up with a strategy to do
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So in this case when you are looking at a situation where you have a water impact - and, from my understanding, Mr. Lipsky was not getting the results that he needed from the Railroad Commission - again, if you have the -- the TCEQ, the Texas Commission on Environmental Quality -- Quality notified as well that there is not only a water issue but there is an air issue, then you can have better jurisdiction and better action in this place because you have a dual migrational pollution issue. Not a singular. The EPA comes in when there is imminent danger. TCEQ is not capable of handling an imminent danger situation. When you have concentrations of hydrocarbons that if somebody lights a -- lights a hose or lights a fire anywhere in the house, the whole house and the whole neighbor could -- neighborhood could explode, the EPA should be notified. There's no question. The TCEQ during its period of sunset review will act more quickly. There's no question about that. But he didn't have a factor to bring the TCEQ in without an air report, without some data to notify the EP -- or excuse me -- the TCEQ. Q. And so you created the strategy that's
your 19-year-old son to go out there and put a canister 5 feet away from the water hose - as you say in that e-mail there - and get an air sample and then get that disseminated to get the EPA to have jurisdiction over this; that was your strategy in that e-mail, isn't it? MR. RITTER: Objection, form. A. No, I disagree with that completely. The part that I agree with is the fact that what -- we had a situation here, it was imminent danger. When you can go into a individual's house and you can see methane and feel methane flowing out of a -- a -- a tube - in this case, it was into his barrel - when you have a situation where a technician goes down with severe respiratory failure to the point that he is near hospitalized, then you have a situation where the occupants of that facility are in jeopardy, in danger. When you are talking about an 18-month-old, that extrapolates to an extremely high level of danger. And that's not -- I'm not ignoring the 5-year-old and the 8-year-old at the time, either. I'm just saying they have an 18-month-old child that could easily wind up dead exposed to these high levels of hydrocarbons. If you can drop a healthy 19-year-old technician to the ground, turning blue, gasping for
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shown in Exhibit 20 to your deposition in order to help him get the EPA involved in this situation? MR. RITTER: Objection, form. A. No, sir. I disagree with that statement altogether. What I told him was what he and I had discussed several times: "Who do we get motivated?" "Who can we get this done?" "I'm going to call the EPA." "No, I am going to call the news media, that's how I'm going to get Range to do something. That's how I'm going to get the Railroad Commission to get off their laurels." That is not, in my opinion, a very logical scientific move. It is the proper protocol to in -- in -inform the regulatory authorities. Q. Well, on August the 12th in your e-mail, don't you say, "I would like to get my tech out there tomorrow if you approve of this strategy. Please advise." Those are your words. A. That is what I said. Q. And your strategy was to get your tech,
air, I doubt an 18-month-old has much help in surviving that condition. Q. (BY MR. SIMS) So your 19-year-old son -A. So once again -Q. Your 19-year-old son dropped to the ground, turned blue and was gasping for air? A. Yes, sir, my technician had a respiratory failure when we took a -- the water samples from the top of the barrel, and he turned into respiratory distress. Q. And what did you do in connection with that? Did you call an ambulance? A. The ambulance is 25 minutes out. By the time we called the ambulance, it probably wouldn't have done much good. So what we do is, under an emergency situation like that - I know it sounds very, very strange - but the best ramification for that is to stick somebody's head into a freezer if possible and constrict or cause -- cause a -- a dilation of the trachea and bronchial tubes so that they can start to breathe again, and that's what we did. Q. Does he have asthma? A. No, sir he doesn't. He's never had an episode like that before or since. Q. Who -- who ran up -- who got up there and
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jumped the 6 feet you talked about and pulled him out of there? A. He jumped the 6 feet to get out of there when he started coughing profusely. Q. Was this after he turned blue? A. He turned -- no, that was before he turned blue. Q. He turned blue after he had gotten out of there? A. Yes, that's correct. (Marked Deposition Ex. 24) Q. (BY MR. SIMS) What's Exhibit 24? A. "Attached please find the invoices still outstanding for water and air testing at your residence. Please remit payment as soon as possible. It is my understanding I am to be -- I am to be deposed on the 18th of January. Invoices and received payments are required for discovery." Q. Did Mr. Peck -- I mean -- excuse me -Mr. Lipsky Fed Ex you your payment? A. Yes, he did. Q. Why did he Fed Ex the payment to you? A. Well, I would anticipate the fact that he wanted to have his payment acknowledged by the time of deposition.
had already charged him for the Dallas Labs. It would be not preferable to double charge a client for incompetence on -- well, inconsistency in, in a lab. So, I would have eaten that. Q. When you told me earlier under oath that you never talked to or communicated with Mr. Lipsky about coming up with a strategy or getting the EPA jurisdiction over this matter, that just wasn't true, was it? MR. RITTER: Objection, form. A. No, I disagree. I think it was true. I -- he and I -- he had wanted to get the EPA involved, and my point was that if you don't have any results, you can't ask the EPA to jump in over something that you have no results. And his results were only with the Railroad Commission. And the test results from the water are not going to be compelling enough nor are they going to be high enough to cause an imminent -- imminent danger. Q. (BY MR. SIMS) In response to your August 14th e-mail where you strongly recommended sending your tech out there to take these water sample -- or take these air samples 5 feet away from the hose, your tech went out there on -- two days later on August 14th to do that, correct?
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Q. Did you tell him you weren't going to be deposed if he didn't get the money to you? A. I did not tell him I was not going to be deposed if I didn't get the money. Q. What did you tell him? A. I specifically told him that please remit payment as soon as possible, I understand that I am to be deposed, and the invoices and payments are re -- are required -- does it say "required" or "requested"? Required before discovery. Q. Did you have any telephone conversations with him about this e-mail? A. You know, I don't even think he had that e-mail -- well, excuse me. I don't know if he actually saw the e-mail because he told me he had not gotten an invoice and he was very concerned that he had not gotten the invoice. And he asked me for an invoice and I was not capable of actually sending him the invoice because I was -- I've been out of town for over a week. Q. On your invoice, you don't have anything about the sampling that was done on August 14th, do you? A. I don't believe I put any sampling on the 14th. That was a sample that we took because he was already out there anyway and the Dallas Labs were -- I
A. He went out there. He did not put it 5 feet from the hose. That's an exaggeration, that's just -- that's just a comment. I apologize if it looks like we would actually do something like that. But it's just a comment that you make to your client, "Hey, calm down, we'll put it close to the wellhead, don't worry, we'll take care of it." No, we put it 20 feet away. Q. If you actually would put the canister 5 feet away from the hose -A. Wouldn't matter. Q. -- that's just -- that would just be flat out misleading, wouldn't it? A. No, sir. MR. RITTER: Objection, form. A. No, sir, I could put it on top of that well and it wouldn't be misleading. There was so much methane flowing out of there, it wouldn't matter. I wouldn't get a variation in the reading but 1 percent, and 1 percent doesn't do anything with these results. One percent doesn't drop these levels hardly at all. Q. (BY MR. SIMS) So there's no problem with putting it 5 feet away from the hose? A. Well, I could put it 5 feet; I could have put it a quarter of a mile away.
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Q. So you stand by your e-mail; it was a good e-mail, you meant it, you meant what you said, there's no problem with it? A. I'm saying it's an exaggeration. I could put it right on top, but in actuality I moved it away. I did not put it 5 feet. I didn't instruct him to put it 5 feet. He put it far enough away that it was a -what we would consider a logical place. I instructed Mr. Lipsky to not turn the hose on at any time during the testing. That's not a problem. You still had plenty of methane flowing out of that well from the couplings at the top of the well to cause a response that was consistent with the inside of the house and still proved to be imminent danger. MR. SIMS: Let's take a quick break. VIDEOGRAPHER: Off the record. 5:34 p.m. (Break from 5:34 p.m. until 5:38 p.m.) VIDEOGRAPHER: Back on the record. 5:38 p.m. Q. (BY MR. SIMS) Ms. Rich, this video that you have told us about, who took that video? A. I believe my technician did. Q. And did your son take that on August 14th? A. I don't know the exact date. I believe it was on August 14th that he took that video.
Hailey or the Lipsky matter. Q. A. Other than what you have told us about? Other than the people that we talked to
today. I've spoken to no media. I have spoken to no associations. I've spoken to no other attorneys. I don't recall speaking to EPA except for the Department of Justice -- oh, well, except for the EPA when they were on site. I don't recall any conversation. Definitely not Dr. Armandarez. I haven't spoken to anybody from Range, anybody from TCEQ. We have had no conversation at all with -- with anybody from the Railroad Commission, other than the individuals that were on site. Q. Has anyone at the EPA or the Department of Justice shared any documents that they have in their possession with you? A. No, sir. MR. SIMS: Pass the witness. MR. RITTER: No questions. Thank you. VIDEOGRAPHER: Off the record. MR. SIMS: Thank you. VIDEOGRAPHER: 5:41 p.m. -o0o-
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Q. When did you see the well flare? A. The well -- Mr. Lipsky had flared the well several times, including the first time, and the second time we were there, which I believe it was the 11th, that he had hooked up the hose to it by then. We saw it on several occasions. When the Fire Department was there, they asked us not to flare it. He was flaring at first, and then they asked us not to flare it. I believe that was when Bubba was there and -Q. How many times have you seen the well flare? A. At least two, and possibly more. Q. But you only have one video of it? A. Well, Mr. Lipsky had the video. He took a lot of video of it. I didn't have -- I -- I don't recall taking any video of it other than when my technician took the video. Q. Is that the video you have on your hard drive? A. Yes. Q. Other than what you have told us about today, are there any other people you have talked to about the Lipsky matter or the Hailey matter? A. I don't recall talking to anybody about the
CHANGES AND SIGNATURE WITNESS: ALISA LARRAINE RICH (Volume 2) DATE: January 18, 2011 Page/Line Change Reason ______________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________
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I, ALISA LARRAINE RICH, have read the foregoing deposition (volume 2) and hereby affix my signature that same is true and correct, except as noted above. _____________________________ ALISA LARRAINE RICH STATE OF __________) COUNTY OF __________) Before me __________________ on this day personally appeared ALISA LARRAINE RICH, known to me (or proved to me on the oath of _________________ or through _________________ (description of identity card or other document)) to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this ______ day of _____________, _______. _____________________________ Notary Public in and for the State of ___________
FOR THE PLAINTIFF: David T. Ritter, Esq. TAYLOR, OLSON, ADKINS, SRALLA, ELAM 6000 Western Place, Suite 200 I-30 at Bryant-Irvin Road Fort Worth, Texas 76107 817-332-25780 dritter@toase.com FOR THE DEFENDANT: Andrew D. Sims, ESQ. Troy Okruhlik, ESQ. HARRIS, FINLEY & BOGLE, P.C. 777 Main Street, Suite 3600 Fort Worth, Texas 76102 817-870-8700 asims@hfblaw.com John Riley, Esq. VINSON & ELKINS LLP 2801 Via Fortuna, Suite 100 Austin, Texas 787746-7568 512-542-8400 I further certify that I am neither counsel for, related to, nor employed by any of the parties in the action in which this proceeding was taken, and further that I am not financially or otherwise interested in the outcome of the action. Further certification requirements pursuant to Rule 203 of TRCP will be certified to after they have occurred. Certified this date: January 19, 2011. _______________________________ Joseph D. Hendrick, CSR #947 Expiration Date: 12/31/12 Firm Registration #133 307 West 7th Street, Suite 1350 Fort Worth, Texas 76102 817/336-3042, Fax 817/335-1203 1-800-336-4000
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DOCKET NO. 7B-0268629 COMMISSION CALLED HEARING BEFORE THE TO CONSIDER WHETHER OPERATION OF THE RANGE PRODUCTION COMPANY BUTLER UNIT, WELL NO. 1H(RRC NO. 253732) AND THE TEAL UNIT, WELL NO. 1H(RRC NO. RAILROAD COMMISSION 253729), NEWARK, EAST (BARNETT SHALE) FIELD, HOOD COUNTY, TEXAS, ARE CAUSING OR CONTRIBUTING TO CONTAMINATION OF CERTAIN DOMESTIC WATER WELLS IN PARKER COUNTY, TEXAS OF TEXAS _____________________________________________________ REPORTER'S CERTIFICATION DEPOSITION OF ALISA LARRAINE RICH January 18, 2011 Afternoon Session - Volume 2 I, Joseph D. Hendrick, Certified Shorthand Reporter in the State of Texas, do hereby certify to the following: That the witness, ALISA LARRAINE RICH, was duly sworn by the officer and that the transcript of the oral deposition is a true record of the testimony given by the witness; That the deposition transcript was submitted on January 19, 2011, to the witness, or to the attorney for ALISA LARRAINE RICH, for examination, signature, and return to me by February 14, 2011; That the amount of time used by each party at the deposition is as follows: Andrew D. Sims - 3 hours, 52 minutes (vol. 2); David T. Ritter - zero (vol. 2); That pursuant to information given to the deposition officer at the time said testimony was taken, the following includes counsel for all parties of record:
DOCKET NO. 7B-0268629 COMMISSION CALLED HEARING BEFORE THE TO CONSIDER WHETHER OPERATION OF THE RANGE PRODUCTION COMPANY BUTLER UNIT, WELL NO. 1H(RRC NO. 253732) AND THE TEAL UNIT, WELL NO. 1H(RRC NO. RAILROAD COMMISSION 253729), NEWARK, EAST (BARNETT SHALE) FIELD, HOOD COUNTY, TEXAS, ARE CAUSING OR CONTRIBUTING TO CONTAMINATION OF CERTAIN DOMESTIC WATER WELLS IN PARKER COUNTY, TEXAS OF TEXAS _____________________________________________________ FURTHER CERTIFICATION UNDER RULE 203 TRCP
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The original deposition was / was not returned to the deposition officer on ________________; If returned, the attached Changes and Signature page contains any changes and the reasons therefor; If returned, the original deposition was delivered to Andrew D. Sims, Custodial Attorney; That $__________ is the deposition officer's charges to the DEFENDANT for preparing the original deposition transcript and any copies of exhibits; That the deposition was delivered in accordance with Rule 203.3, and that a copy of this certificate was served on all parties shown herein and filed with the Clerk.
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Alisa Rich January 18, 2011 46 (Page 276)
Certified to by me this ______ day of ____________, _________. BY: ______________________________ FOR: Joseph D. Hendrick, CSR #947 Expiration Date: 12/31/12 Firm Registration #133 307 West 7th Street, Suite 1350 Fort Worth, Texas 76102 817/336-3042, Fax 817/335-1203 1-800-336-4000 Job No. 9626
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Alisa Rich January 18, 2011

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A Abilene 141:19,20,22 ability 257:12 able 112:11 122:19 143:5 163:14 181:16 185:17 189:9 243:21 above-styled 96:18 absolutely 117:12 119:2,18 122:17 128:6,19 129:4 133:3 173:6 177:2 203:21 204:14 207:5 224:18 232:9 236:11 242:10 252:10 256:19,21 257:5,23 absorbed 193:5 acceptable 171:8,11 acceptance 232:21 233:14 accepted 169:16 access 112:11 135:6,8,13,14,20,21 230:14 accessible 143:1 account 109:22,23 135:20,22 152:6 accounts 109:19 135:20,21 accreditation 237:21 238:4,14,14,17 239:8 accumulated 194:1 accuracy 236:14 239:14 accurate 170:22 171:4,9 172:8 238:11,12,13 accurately 236:7 acknowledged 264:24 272:16 acknowledgment 162:19 acreage 157:18,21 158:16 230:10 231:10 acres 158:2,4,6,14,17,18,21 246:6,12,17 acronym 172:25 173:1 act 260:21 action 115:25 260:9 274:14,15 active 102:15 203:8 209:15,23 212:15 227:24 228:2 229:5,16 activities 174:7 176:18 226:21 activity 180:20 226:11,14 227:24,25 229:16 229:16,17 232:1,15,17 actual 130:3,15 151:7 165:7 171:17 206:17 254:21 actuality 255:10 268:5 add 226:15,17 addition 130:7 146:17 147:2,8 151:19 154:21 155:9 156:8 159:21 161:10 177:16 246:19 additional 205:23 206:1,2 224:8 address 104:24 109:21 135:14 164:15 173:6 233:16 234:2 259:21,22 addressed 171:17 176:20
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altogether 261:5 ambulance 263:12,13,14 American 224:25 amount 157:18,21 183:14 248:15 273:20 amounts 154:6 Anachem 99:1 122:24 167:4 169:11,23 170:13 186:8 214:11,20 233:4 248:5,6 Anachem's 170:21,25 analyses 169:24 analysis 98:21 171:3 174:16 186:14,17 226:15 228:6,7,7,14 analyte 238:7 239:6 analytes 239:3 analytical 99:1,2 167:4 237:13 Andrew 97:7 273:21 274:6 275:15 animals 106:17 191:18 192:5,8 annulus 151:9 answer 100:8 166:21 167:1 171:22 176:23 177:23 213:4 218:23 224:17,17 230:12,13 237:2 238:25 anticipate 156:2 160:14 177:20 189:21 264:23 anticipated 233:22 anybody 122:11 128:20 130:13 133:19 144:1 191:16 269:25 270:10,10,11 anybody's 125:22 217:17 anyway 141:23 265:25 apart 113:5 apologize 145:8 194:10,21 221:19 228:16 230:13 243:13 248:6 255:3 258:12 267:3 appear 248:15 Appearances 98:2 appeared 222:4 272:12 appears 204:4 205:2,2 209:20 221:3 244:25 apples 243:25 244:1,1 applying 196:10 appropriate 120:2 187:4 191:4,6 211:20 approval 258:16 approve 238:16 261:21 approximate 164:11 165:23 approximately 108:5 165:6,6 250:13 approximation 165:22 aqueous 227:5 228:5,13 232:2 aquifer 175:9 177:7 178:2 area 138:1 148:13,17,24 149:8,21 150:2
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ASTDR 173:2,7 asthma 263:22 astronomical 147:15,20 astronomically 138:16 184:13,15,18,22 217:13 ATS 172:25 ATSDR 172:22 attached 96:22 110:8,11 250:9,11 264:13 275:13 attorney 121:5,7,8 130:13,14 194:17 252:14 273:18 275:15 attorneys 121:9,17 130:23 270:5 August 98:10,12,13,17,19,23 99:7,9,12 101:5 101:6 103:1,3,11,12,17 104:4,8,9,14 105:11 105:17,18 106:9 107:8,8,11,19,22 108:8 110:4,19,22 116:14,15,18,20 117:18 118:7 119:20 120:17 122:22 123:5,11,14,21 124:13,14,18,25 125:19 127:9,9,25 128:5,11 129:18 132:19 136:14 137:8 161:14,19 163:11 166:14 171:3 185:10 186:10 203:1,3 203:4,5,9,18,23 204:1,4,7,11,15,17,18,21 205:7,11,14,15,17 206:5 207:6 215:23 220:21 221:4,14 223:21,22,23 224:4 251:24 253:24 254:8 255:12 257:16,20 261:19 265:21 266:20,24 268:23,25 Austin 97:12 274:11 authorities 115:17 261:18 authority 255:23 AutoGC 236:12 238:19 automatic 109:24 251:14 autopsy 106:11,16,17,25 107:7 available 148:12 220:8 246:9 average 105:24 179:24 183:18 aware 133:14 134:6,13 146:4,16 150:1,1 187:11 204:3 212:14,20 214:7 217:7,10 229:23 245:22 246:13
215:6 221:8 222:9 223:1,3,21 226:1 237:11 244:21 257:17,20 268:18 background 99:5 245:25 249:21 bad 128:12,13 151:8 156:17 188:2 balance 169:20 bank 126:17 bantered 146:2 bar 116:25 117:3 barium 174:6,16,24 175:15,25 192:19 193:3 197:24 215:9,10 barn 108:4 154:20 Barnett 96:6 149:21 151:3 173:22 176:24 177:8,18 178:4,7 218:2,8,11,15 219:4,15,20 220:3,12 246:15 273:6 275:6 barrel 110:18 262:12 263:9 base 159:8 based 137:6,23 140:9 142:14 177:24 183:17 183:18,19 191:10 193:1,10,25 210:7 232:6 238:22 239:6 243:24 248:14 255:19 basically 101:17 120:25 129:4,5 132:5 143:2 160:16 178:16 196:15 214:14 232:13 basis 127:2 211:18 batch 169:15 Beale 137:11,11,15 bear 219:5 bearing 219:5 bed 180:7 bedrooms 105:22,23 began 176:18 beginning 172:4 begins 174:1 belief 159:8 believe 102:17 103:20,21 106:8,14,21 107:2 107:13,20 108:16,21 112:15,16 114:21 115:18,19,22,24 116:22 117:9,12 118:8,9 120:8 121:11,12,16,17 122:4,4 123:7,23 125:13,25 130:22 131:25 132:1,21 134:23 B 134:23,24 136:19 138:2 140:2,5,13 141:19 back 101:1 103:3,20 104:11,16,23 105:4,5,7 142:9 144:14,19 145:4,7,23 146:11 154:14 105:12,15,17 112:18 117:16,19 118:1,24 154:15 159:5,14,22 170:17 171:10 176:2,12 119:20 120:1,6,8 122:10 123:17,18 125:16 179:25 182:21 183:20 185:8 188:22 190:8 126:17,18,19,25 127:4,13,14,15,18,19,23,24 192:16 194:5,13,17 196:5 198:13 199:25 129:23,25 160:24 172:6,9,11 174:4,11 200:6 201:10,11 210:14 211:12,14 218:22 176:13 179:10 183:3 186:7,7 192:14,16 220:22 221:5,6,7 225:22,23 229:24 235:10 196:7 206:10 207:2 210:4 211:2 214:5 235:21 244:11 247:24 250:17 252:13,15 Merit Court Reporters depos@merittexas.com
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257:5 265:23 268:22,24 269:4,9 beneath 138:6 benz 184:24 benzene 172:7,11 175:22 182:2,18 183:4,14 183:16,25 184:10 196:22,23 197:11,25,25 242:3 243:3 benzenes 185:2 best 228:23 252:4,5 263:17 beta 101:18 226:12,18 232:17 better 104:1 117:14 181:15 220:6 227:16 260:8,8 big 149:24 158:10,10,11 166:2 230:23 billion 150:15 160:8 182:5 197:7,9 217:6 binder 162:4,5,6 168:14,22 biogenic 149:23,24 150:1 218:3,9,19 219:10 219:12 bit 113:10 122:19 207:20 black 163:24 blew 151:9 154:11 155:19,22 156:1,8 blow 149:24 blowers 119:8 blowing 247:3 blown 145:10,11,12 155:2,9 157:6 193:13 blows 156:17 blue 102:15 202:24 203:8 207:9,12 208:19,20 208:22,23,24 209:14,23 212:15 262:25 263:6 264:5,7,8 body 190:23 BOGLE 97:8 274:7 book 102:11 162:2,3,3,14 166:25 168:12 204:5,6 234:20 born 218:13 boron 171:14 172:7,10,16 173:7,15 175:15,24 176:4,14,16,19 177:6,12,18 192:18,23 193:2 197:23 215:7 229:14 232:21 233:7,11,19,23 234:8,14,15,16 bottle 170:3,15,18,20 bottled 184:7 bottles 170:12 bottom 237:19 boy 145:19 174:12,20 Brazos 159:13 220:2 246:23 247:6 break 108:19 160:21,23 202:17,20 258:6 268:15,17 breathe 263:21
bring 103:19 117:16 118:24 143:1 251:13 260:22 brings 251:12 BRL 217:18 broken 150:4,7 207:21 bronchial 263:20 brought 162:9 242:17,18 Bryant-Irvin 97:4 274:3 BS/BSD 216:10,12 BTEX 99:14 Bubba 141:18,19 142:11 143:8 246:25 269:9 bubbling 254:21 build 119:14 built 119:2 burning 248:19 business 105:7 121:24 210:18,22 211:7 busy 201:17 butane 197:8 231:16 butanes 196:19 Butler 96:3 137:11,14,16,17,19 138:9 140:8 140:12,21 147:9 151:3 164:17 165:18 273:3 275:3 C C 97:1 169:15 Cabot 174:15 calculate 160:7 calculating 243:25 calculation 242:20 243:16 calibrated 237:5,7 239:2 calibration 238:7 239:6 call 99:10 104:11,15,16 115:3 116:1,2,7,8,9 125:15 127:8 132:2 135:16 139:12 166:25 196:19 199:23,24 201:21 207:19 213:20 242:1 258:10,13 261:10,11 263:12 called 96:2 105:3,20 106:15 109:10 110:10 122:15,16 123:16,25 124:21 125:13 132:3 142:20 169:12 186:19 201:24,24 246:6 253:18 263:14 273:2 275:2 calling 105:14 122:14 calls 128:24 131:6 calm 267:6 calmed 122:19 camera 99:4 164:22 candles 114:16
Phone:
817-336-3042
Fax:
817-335-1203

5
canister 103:4,5 107:25 108:2,11 110:7 113:3 113:7 114:21 242:20 243:4 262:1 267:9 cannister 98:14 capability 232:18 capable 260:12 265:18 carbon 230:5 carcinogen 183:5,5,21 carcinogens 185:3 card 272:14 care 267:7 careful 211:3 222:8 carefully 211:6 case 100:6 114:25 116:4,12 123:7,7 132:22 138:15 150:20 159:12 160:7 162:21 169:12 169:13 176:12 181:23 188:18 189:1 196:18 198:22 201:10 207:24 226:9,13,19 227:23 231:24 232:22 233:3,23 244:6 251:13 255:3 256:7 259:11,17 260:1 262:12 cases 122:8 casing 151:8 category 207:12 208:13 cause 96:18 106:2 139:1,2,23,25 140:2,5 147:10 148:3 150:10,11 159:24 188:5,10 190:16 208:21 209:14,22 212:15 231:20 263:19,19 266:18 268:12 caused 151:4,13 193:8 causes 173:14 188:2,3 causing 96:7 192:1 273:7 275:7 CB 233:21 CCD 169:15 ceased 189:15 cell 104:24 Central 163:1 CEO 181:2 certain 96:8 128:25 138:14 233:19 273:8 275:8 certainly 114:3 146:1 152:5 157:22 184:7 217:11 218:4 certificate 186:14 275:18 certification 98:6 235:18 273:10 274:16 275:10 certified 96:19 100:8 214:13,22 273:13 274:16,18 276:1 certify 273:13 274:13 cetera 128:14 196:4 223:2
chain 205:4 chairman 150:21 chalk 197:1 Chamber 200:21,21,22 chance 99:11 change 153:23 223:14,16 271:4 changed 211:7 changes 98:5 271:1 275:13,13 Changing 187:3 channel 122:15,15 131:14,15,15,25 132:1,2 132:15 channel-whatever 121:25 charge 266:2 charged 266:1 charges 275:16 chart 214:25 234:20,21,22 235:9,23 238:1 240:15 241:6 242:17,18 charts 235:3 check 117:20 136:10 258:4 checked 109:7 checkerboarded 158:8,12 chemical 179:15,17 185:15 187:23 192:20 225:11 226:9 231:24 234:3,3 236:16 chemicals 170:19 175:1 177:4 185:1 188:25 189:1 190:22,23 214:12 226:16 236:18,19 241:25 Chesapeake 145:10,12 158:9 Chesapeake's 150:20 181:2 Chief 145:19 Chiefs 145:8 child 184:7 262:22 children 117:15 120:3 128:15 183:19 185:2 188:6,11 189:7,11,25 190:10 children's 105:23 chloride 167:22 172:8 173:15 174:6,17,23 212:11 chlorides 170:5 197:24 209:22 210:6 212:14 choice 132:9,10 chooses 132:7,8 Chris 133:4,10 chromagraph 167:13 chromatograph 214:15 236:13 circle 164:10 circulation 119:10 circumstances 239:19
Phone:
817-336-3042
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6
City 200:20,21 Civil 96:21 clay 179:13,14 cleaner 117:14 clearly 174:16 210:24 252:11 Clerk 275:19 client 129:24 181:15 266:2 267:5 clients 114:15 126:19 135:5 221:23 222:24 climb 206:10 close 113:2,14 117:24 118:2,5 127:14 147:16 154:19 160:19 178:24 195:21 202:9 220:17 242:15 255:2,7 267:6 closed 154:17 155:6 156:13 closest 179:6 closure 155:14 156:12 cloud 100:3 134:24,25 135:1,4,13,15 162:1,11 166:22 168:13,18,25 169:1,3 224:15,16,21 224:23,24 244:21 245:6 258:22,25 259:2,2 Club 200:22 coded 204:25 coextensive 120:9 collected 203:9,18 206:23 224:8 collecting 112:21,24 collection 98:10,12,17,19 color 234:20,21,22 235:2,9 241:6 column 226:16 combined 102:2 188:25 226:18 232:17 come 104:23 111:5,11 112:2 118:16 124:21 125:2,5,13 127:22,24 136:25 153:17 155:23 168:3 178:8,21 180:3,4 182:11 220:17 233:23 234:14 259:8,18 comes 118:16 180:5,7 191:6 213:25 233:20 257:11 260:11 comfortable 129:11 coming 111:8 112:13 114:4 155:11,12 156:14 156:19,21 194:10 245:6,15,16 250:2,3,15,16 250:18 256:3 266:7 comment 144:18 192:10 267:3,5 Commerce 200:22 Commission 96:2,5 120:19,20,21 139:15 141:13 143:22,24 144:3 259:13,14,15,19,21 260:4,5 261:13 266:16 270:12 273:2,5 275:2,5 common 188:5 192:6 commonly 192:4
communicate 110:1 113:12 194:3 communicated 266:6 communication 134:4,8 community 163:13 companies 210:19 company 96:3 158:20 159:11 210:21 273:3 275:3 compare 241:16,20 compared 232:10,16 235:16 comparing 232:19 243:25 comparison 98:15 240:22 242:21,24 243:2,18 243:19 compelling 134:15 266:17 complaint 160:15 complete 135:8 168:15 completely 262:7 compound 192:21 238:21 242:13,14 compounds 107:23 119:13 138:17 170:9 173:14 192:5 196:18,21,24 197:6,10,12 207:24 208:2,7,11 209:21 218:6 228:13 230:5,18 235:24 236:1,2,5,7 237:6,17 238:1 239:21 240:1 242:12 Comprehensive 98:21 compromise 138:4 155:15 compromised 137:7 139:18 computer 109:7,18 135:4 238:22 computers 109:11,12,13,15 con 152:10 195:21 236:2 concentration 104:6 138:17 147:13,14 148:9 148:9 149:6 150:13,17 152:16,17 160:11,13 160:17 175:20 176:5 180:1 182:15 183:21 184:4 185:7,12 187:19 188:13 192:14 193:5 195:23 208:16 210:25 232:4 241:20 243:12 243:12,16,20,23 255:2 concentrations 150:14 171:18,19 177:2,3,3 180:15 184:9 193:15 197:6 227:23 231:25 234:17 260:14 concept 143:16,20 concern 119:12 120:3 122:8 128:13 184:25 189:22 211:5 215:18 224:9 226:7 232:8 233:15 255:2 concerned 104:2,12 105:8 106:1 130:18 252:25 265:16 concerning 105:21 255:1 256:10 257:24 258:2
Phone:
817-336-3042
Fax:
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7
concerns 103:19 115:15 231:20 concise 153:25 conclude 147:9 208:1 concludes 210:10 conclusion 192:24 193:1,16,24 229:17 conclusions 126:24 127:1,20 149:1,18 153:18 195:13,15 condition 218:5 263:2 conditioning 104:4 119:8,17 conditions 174:7 conduct 153:19,21 confidence 239:23 confident 116:24 119:18 177:25 confirm 107:6 117:2 189:9 205:1 206:1,1 242:11 253:15 confirmation 188:3 207:23 208:10 confirmed 189:23 208:3 confirming 126:22,22 258:15 confirms 197:20 212:12 confounding 114:18 255:7 confusion 243:2 connected 99:6 206:17 connection 101:7,19 151:3 159:24 170:22 202:23 212:7 234:18 235:14,19 240:17 263:11 connector 254:24 consider 96:2 152:2,6 191:3,8 213:16,20,21 252:24 268:8 273:2 275:2 considerably 191:19 249:8,12 consideration 257:7 272:18 considered 213:1 consistency 152:20 consistent 152:10 204:18 223:1 268:13 constrict 263:19 contact 115:17 121:10 contacted 115:18,24 125:2 contacting 131:11,17 contain 177:18,20 178:3 193:9 210:11 222:3 246:23 container 170:4,5,7 contains 275:13 contaminant 213:22 contaminants 138:14 191:12 213:19 contaminated 148:6,7,22 contamination 96:7 150:25 273:7 275:7
content 105:16 150:9 212:11 Continued 98:4 contracted 130:24 153:2 CONTRIBUTING 96:7 273:7 275:7 controversial 236:23 conversation 105:19 107:13,15 110:4 113:17 114:14,15 115:10,12 120:7 121:1,16 123:13 123:15,21 125:7 126:7,8 128:16 131:22 132:15 133:18 134:14 136:15,20 143:11,21 144:23 145:5,6,14,15,18,21,23 146:3 147:3 154:25 155:1 156:25 202:14 210:18 221:6 222:12 252:16 270:8,11 conversations 103:13,16 104:7,10 105:16 107:9 118:6,12,21 120:16 121:8 123:10 136:17 137:2 141:12,24 142:10 143:23 144:2,5 161:2,5,8 201:12,16,19 259:11 265:11 copied 104:25 258:22,24 copies 224:12 235:5 246:2 258:18 275:17 copy 100:4 105:1 118:19 129:15,16 140:17 168:24 198:20 199:1,7 224:20 234:24 235:6 235:9 241:5,8 244:23 258:22 275:18 copying 258:17 correct 102:24 109:13 110:21 112:25 116:17 124:16 161:20,21 163:2 169:25 172:19,20 182:5,6 185:12 186:11,24 187:7,10 198:12 204:22 210:13 213:7 215:11,14 216:20,22 216:25 217:3 221:2,17 226:3,25 228:5 233:9,11 234:20 235:20 237:9,18 238:4,5 238:10 239:16 241:14 250:13 252:3 253:14 254:9 264:10 266:25 272:3 correctly 155:18,20 correlated 171:16 175:4,17 227:15,15,19 correlation 191:21 192:7 197:13 240:11 coughing 264:4 Council 163:1 164:9 counsel 121:19 128:20,21 129:9,10,10 130:13 194:20,22 201:2,3,23 202:11,14 273:24 274:13 counties 178:16 Country 165:9,15,16 246:6,11,17 County 96:6,8 115:19,20 144:6,10,20 145:2,5 145:7,18 149:21 157:20 158:15 161:10 177:8,17 178:19,19,20,20,20 180:2 218:1,1 219:8 220:1 252:15,18,18 272:9 273:6,8
Phone:
817-336-3042
Fax:
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8
275:6,8 couple 121:17 couplings 268:12 course 104:4 111:15 113:22 118:24 125:7 126:20 138:25 150:10 152:1,2 169:4,6 178:25 197:23 244:22 Court 97:15 161:18 cover 161:14,17,22 162:8,12,12,24 166:13,19 166:24,25 168:2,6,8,16 174:13 204:6 covered 120:25 cracked 192:24 197:23 229:4 crawled 207:2 crawling 110:17 created 207:18 211:9,12 260:25 creature 107:7 crow 165:24 166:1 crushed 227:25 crust 175:6,8 CSR 274:20 276:3 CTAs 98:9,11,16 102:17,19 cubic 160:8,9 191:5,7,17 current 109:4 Custodial 275:15 custody 205:4 C5 197:10 C6 197:10 C7 197:10 C8 197:10 D D 96:19 97:7 273:13,21 274:6,20 275:15 276:3 Dallas 101:23,25 102:3,5,6,8,14,16,18,21 123:4,6,8 195:2 198:11 200:20,21,21 205:18,20 210:10,15,16 211:8 212:9 220:25 221:4,15 222:12,13 223:16,24 224:10,13 247:21,23 265:25 266:1 danger 115:15,16,22 128:14 256:5 257:1,8 260:12,13 262:10,17,19 266:19 268:14 data 120:20 132:5,6 136:6,8 141:9 149:16 156:24 168:15,15 194:1 197:17,18,19 199:5 220:8 260:23 date 98:10,12,17,19 103:14 110:19 113:3,7 117:11,20 118:2,17 120:6,15 123:20 124:1 125:14 127:17 128:3 130:25 134:13,16
136:13 140:17 141:3,9,18 145:21 162:15 189:17 190:2 202:12 204:4,11,15,18,25 207:5 220:20,21 268:24 271:3 274:18,21 276:4 dated 203:1,5,21 205:7,10 206:5 232:22 dates 99:16 128:2 190:1 David 97:2 258:16,18 273:22 274:1 day 103:6,18 110:20 114:22 115:12 128:25 131:7 132:4 141:17 143:25 199:20 258:12 258:14 272:11,20 276:1 days 105:6 128:7 130:1,1,5 223:24 254:8 266:24 dead 262:23 dealing 128:17,18 decay 232:7 decided 125:16 223:16 decision 221:6,7 222:11 DEFENDANT 97:6 274:5 275:16 defer 210:4 define 154:11 157:23 180:19 212:8 Definitely 270:9 delightful 128:16 deliver 130:12 delivered 136:18 275:15,18 delivering 201:6 deny 220:9 Department 115:18,20 187:11,14 194:6,7,11 194:16 198:3 217:7 229:7 259:4 269:7 270:6,14 depend 147:13,21 179:4 188:24 depended 111:14 dependent 178:25 179:7 188:24 depending 130:1,2 150:10 232:4 depends 179:1 188:12,12,13 depicting 98:20 99:4,6 deposed 264:16 265:2,4,8 deposition 96:10,17 100:5 167:24,25 169:5 184:17 198:22 203:11,13 235:7,9 240:12,14 244:4,15 245:7 247:10,15,25 248:8 249:14 250:4,25 252:7 253:1 258:7 261:1 264:11 264:25 272:2 273:11,16,17,20,23 275:11,12 275:14,16,17,18 depth 223:6 describe 111:23 207:10 209:4 description 98:8 100:2 272:14
Phone:
817-336-3042
Fax:
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9
despite 129:3 211:2,16 222:3,4 223:3 destroyed 170:8 detect 185:11,18 192:19 detected 139:2 215:17 detection 192:22 216:21 225:5,6,10,12 226:2 232:21 detects 172:11 detergent 222:1 determination 126:21 determine 160:11 176:9 192:1 218:9,18 237:5 determined 126:13 develop 129:23 162:23 developed 127:10 129:21 diagnose 190:14 died 105:20,25 106:8 107:1 difference 112:5 149:17 151:24 different 118:16 122:13,14,22 170:5,7,10 179:23,23 221:21 232:5 differential 128:3 differentiate 213:12 difficult 106:17 158:8,23,25 159:3 241:19,24 difficulty 109:3 111:9 dilation 263:19 dip 206:11 direct 191:21 240:11 direction 146:10 directly 104:22 137:10 138:6,17 160:19 162:11 164:21 166:25 179:25 186:3 190:8,9 195:19 197:14 200:1 207:24 208:11 216:3,3 222:25 229:18 231:12 233:17,19 240:9 252:16 257:12 disagree 191:9 213:8 217:21 261:4 262:7 266:11 disagreeing 213:15 discovery 264:18 265:10 discuss 195:7 discussed 103:23 196:14 201:17 261:7 discussing 131:4 229:13 discussion 122:9 Disease 172:23,25 dispersion 241:23 242:11 disruptive 175:11 disseminated 262:4 dissipate 179:10,18,21 dissolve 179:12,19
dissolved 187:13,19,24 188:8 190:25 191:15 217:8 distance 148:8 distress 263:10 district 246:6 divide 182:8 Division 123:24 125:9,21 DOCKET 96:1 273:1 275:1 doctor 190:17 document 135:12 156:4 163:9 166:16,18 168:5 170:25 171:25 198:18 272:15 documentation 187:16 documents 100:5 109:14,16 135:3,11,24 163:5,7 168:6 198:3,5,6,16,17,18,21,24,25 199:2 270:15 DOCUMENTS/INFORMATION 100:1 dogs 188:21 192:1,2 doing 110:7 112:23 126:8 131:19 157:1 200:8 207:16 241:18 255:14 DOMESTIC 96:8 273:8 275:8 doors 104:5 119:1,9,15 dot 163:21 164:3 dots 164:1 double 266:2 double-check 101:24 102:2 117:24 203:20 doubt 118:4 149:14 153:23 160:2 263:1 downdraft 142:8 downdrafts 249:10 download 109:4 143:1 downloading 108:22 Dr 270:9 draft 251:20 drafted 251:24 draining 143:3 drank 189:4 drill 207:20 drilled 140:12,13,18,19 141:9 148:18 149:8 151:20 157:8,10 159:4 245:19,23 246:19 drilling 140:9 149:21 174:8,24 175:13 176:18 176:25 177:1,9,18,22 178:5,9,12,15,22 179:6,9 207:24 208:2,6,7,12 218:2,8,15 246:15 drillings 159:1 drink 183:10,11,13 184:6,7 189:10,15,25 191:11 192:10
Phone:
817-336-3042
Fax:
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10
drinking 174:1 182:25 183:18,23 185:2,21,22 187:13,19,24 188:7,19,23 189:11,17,25 190:2,3,12 191:18 212:24 213:17 217:9,19 dritter@toase.com 97:5 274:4 drive 109:6 165:9,15,16 269:20 drop 222:8 262:24 267:21 dropped 263:5 drops 251:15 drunk 191:14 dual 260:9 due 108:2 139:3 165:6 197:1 212:10 228:4 duly 96:18 273:15 E E 97:1,1 Eagle 98:21 109:20 110:1 161:20 earlier 203:22 205:12 220:23 250:17 266:5 earth 135:10 149:25 175:2,11,17 181:6,8 219:5,14 220:12 227:7,10 229:4 earth's 175:6,8 181:18,20 easier 110:12,16 112:12 117:25 186:4 207:22 214:9 240:24 243:10 easily 163:13 249:11 262:22 east 96:5 165:12 273:5 275:5 easy 197:4 eaten 266:4 eating 189:6,7,12 educated 190:22 effect 122:1,3 148:25 188:20,21,22 190:15 191:12 effects 188:4 190:8,23 232:3 257:22 eighth 237:12 either 102:22 107:3 133:16 136:15 140:8 141:25 151:3 164:16 176:10,15,21 185:11 200:25 201:21 220:8 254:15 257:23 262:21 Elam 96:20 97:3 274:2 element 179:8 231:22 elementary 196:18 elements 175:12,14 elevated 231:13 eliminated 243:1 ELKINS 97:11 274:10 Ellenberger 150:4,8 eloquently 211:6 emanating 138:6
embrace 217:11 emergency 115:21 116:6,8 155:2 257:13,15 263:15 emissions 114:3 employed 274:13 en 126:6 enables 207:21 encourage 184:6 encouragement 122:12 energy 130:18 142:17 engaged 126:7 entire 152:24 entities 122:13,14 environment 119:14 Environmental 98:21,24 109:20 161:20 174:3 260:6 EP 260:24 EPA 114:24 115:2,4,10,11,13,21,24,25 116:1 116:4,6,8,8,12 123:22,23 124:21 125:2,9,18 125:24 127:5 132:20,23 133:16,19,23 134:1 134:4,8 167:15 173:3,12 176:10 183:3,9,22 183:25 194:4,6 200:3 218:22 255:19 256:9 256:18,24 257:3,9 259:6 260:11,18 261:2 261:10 262:4 266:7,13,14 270:6,7,14 EPA's 257:12 episode 263:24 equals 243:12 equate 247:5,8 equates 105:6 equivalent 182:8 error 228:7,7,12,13,19,21 233:14 236:21 238:19 239:12 240:2,4,7,9 escaped 141:22 ESL 235:12,20 242:5 243:18 ESLs 241:12,17 242:16,22,22,24 especially 105:2 106:18 Esq 97:2,7,7,11 274:1,6,6,10 established 185:17,19 187:12 196:3,8,13 245:4 estimate 166:9 estimated 242:2,3 et 128:14 196:4 223:2 ethane 98:18 167:21 186:21,22 189:2 197:7 197:22 216:7,19 ethene 98:18 167:21 186:21 187:5 216:7,19
Phone:
817-336-3042
Fax:
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11
ethylbenzene 196:23 197:11 235:18 evening 129:8 event 170:2 180:16 193:4,6,8 everybody 131:16 everybody's 153:24 160:14 evidence 156:5 208:9 229:3 Ex 167:25 203:11 235:7 240:12 244:4,15 245:7 247:10,15,25 248:8 249:14 250:4,25 252:7 253:1 258:7 264:11,20,22 exact 127:17 130:24 134:13,16 140:17 145:8 161:22 164:14 166:8 172:25 179:22 202:12 211:23 239:22 242:24 268:24 exactly 110:15 111:19 112:9 115:14 120:1,5 141:8,8 148:21 157:3 158:12 162:14 165:20 181:21 183:15 199:1 223:5 241:24 242:11 244:25 248:18,20 251:22 252:6 255:11 257:19 exaggeration 267:2 268:4 exam 190:13 examination 98:4 273:18 example 101:21 198:10 243:3 exceed 175:20 176:5,13,14,15 182:14 242:4 242:12 exceedance 235:12 exceeded 169:16 171:8,11 185:19 exceedence 182:20 exceedences 242:2 exceeding 183:6 exceeds 235:19 Excellent 251:4 exception 101:10 excessive 212:11 exciting 106:12 excuse 159:10 174:17 181:23 185:22 202:10 204:17 211:25 212:4,25 222:5 223:21 234:15 235:22 236:18 238:16 258:12 259:13 260:24 264:19 265:14 executed 272:17 exhibit 166:12 167:3,24 168:9 169:10 171:7 171:25 172:4 203:13 213:23 235:8 240:14 241:10 244:5,12,16 245:10,15 247:11,16 248:1,9,14 249:16,17,25 250:5,22,23 251:1 252:9 253:3,22 258:8 261:1 264:12 exhibits 98:7 275:17 exist 176:17 177:7,25 181:19,20 217:22
existed 177:17 217:25 existing 193:18 exists 181:22 220:11 experience 241:22,23 experienced 148:24 149:20 154:6 257:22 experiencing 191:20 192:8 expertise 143:18 153:7 Expiration 274:21 276:4 explain 126:9 142:19 168:5 228:23 explained 142:20 explode 260:18 explore 221:12 explosive 256:4 exposed 262:23 exposure 128:14 191:22 expressed 272:18 extended 119:6 exterior 108:4 138:21 extraction 207:22 extrapolate 243:16 extrapolates 262:19 extreme 128:13 156:2 extremely 160:12 211:2,16 221:25 222:7 227:22 252:12,19,21,22,24 256:10 258:1 262:19 e-mail 99:7,9,12,14,16 104:24 109:19,21 114:8,9,12,13,23 115:1,6,7,8,9 135:12 251:3 251:12,14,15,18,23 252:10 253:5,17,24 256:12 258:15 259:6 261:19 262:3,5 265:12 265:14,15 266:21 268:1,2 e-mailed 135:12 e-mails 105:1 109:8,17 133:22,25 251:13 258:17,19,21 F face 135:9 facilitate 110:16 facilities 231:15 facility 262:16 fact 103:23 104:3,3 106:1 109:5 122:17 127:4 127:4 129:3 144:24 145:9,25 150:16 162:22 171:14 174:4 176:20 184:5 185:9 191:10 193:1 195:17 205:14 208:9 210:1,15,20 211:2,16 212:12 221:8 222:4,4 223:4 226:13 227:1 229:3,5 238:16 239:7 252:11
Phone:
817-336-3042
Fax:
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12
252:14 255:25 257:21 262:8 264:23 factor 233:15,25 234:2,4 236:22 238:19 239:17 255:7 260:22 facts 137:6 151:25 152:1,2,3,4 157:14 failure 262:14 263:8 fair 113:23 197:3 221:22,23 fairly 113:23 228:10 falling 110:18 falls 192:20 fall-off 251:14 false 212:15 family 103:20 106:7 115:23 189:22 252:25 family's 105:9 far 113:23 118:16 125:15 142:4 164:14 165:18 166:8 179:5 192:20 194:2 202:11,14 220:16 240:5,5 268:7 farther 249:9 Fax 97:17 274:23 276:6 February 200:23 273:19 Fed 264:20,22 feel 262:11 feet 108:5,6 113:4,9 146:5,9 154:5 157:1 165:21,24 166:3 254:3,11,16,16 256:15 262:2 264:1,3 266:23 267:2,7,10,23,24 268:6,7 felt 131:8 255:6 field 96:6 136:5 241:23 273:6 275:6 Fifty 195:5 figure 239:15 241:24 file 135:19 filed 275:19 files 135:8 filtration 215:16 final 98:22 130:15 finally 130:23 132:4 financially 274:14 find 114:10 115:8 135:11,16 139:17 148:21 153:9 163:13 173:20 177:11,11,12 178:1 180:21 182:7 191:10 195:11 196:25 214:18 264:13 finding 174:9 findings 118:15 fine 222:14 fingerprint 238:23 FINLEY 97:8 274:7
fire 115:18,20 145:7,7,8,18,19 156:3,14,17,19 156:21 157:1,2 245:16 252:18 253:5 258:1 260:16 269:7 fired 99:8,13 251:4,21 253:6 firm 129:2 274:21 276:4 first 105:10 118:8 127:24 131:18 163:18,19 172:4 192:10 202:7,25 213:12 226:8 236:4 238:13 269:3,8 five 128:7,25 five-day 128:3 five-minute 160:20 202:17 flame 151:22 248:22 249:2,9 250:16 flare 98:20 99:4 146:20 269:1,7,9,12 flared 146:6,18,19 147:2,8 151:22 246:20 249:24 269:2 flaring 269:8 flat 267:12 flies 165:24 166:1 flip 128:1 161:12 186:12 237:11 flipped 108:18 Flipping 213:23 232:20 flowback 174:16,18 flowed 160:14 flowing 111:10 114:1 119:14 137:9 262:11 267:18 268:11 fluids 208:6 foam 222:4 foaming 213:1,2 foams 221:25 follow 183:4 following 103:6 123:13 171:4 273:14,24 follows 273:20 foot 142:17 footage 166:8 footnote 237:20 force 156:3,12 forced 155:14 foregoing 272:2,16 foregone 193:16,24 form 139:7 147:11 149:2,22 152:9 153:11,20 153:24 154:7,23 175:7 179:3 184:21 191:2 191:4 197:2 211:10,13 212:17 215:20 219:18,23 220:4,14 223:18 229:24 230:8,16 236:23 245:21 248:17 255:21 257:6 261:3 262:6 266:10 267:15
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formation 147:16 181:20 formations 219:4,14,16 220:2,11 forms 134:4,8 229:20 formula 243:8,9,10,11,16 formulating 152:6 Fort 96:21 97:4,9,16 122:14 274:3,8,22 276:5 Fortuna 97:12 274:11 forward 216:16 found 102:21 114:11 159:25 175:19 182:2 183:8,25 184:13,17 185:6 187:23 195:11 207:10 212:21 235:11 four 125:25 128:24 201:16 frac 150:22,22 fracced 150:25 fracture 180:14,19,19,22 181:3,5 227:3 fractured 171:16 175:2,17 178:2 180:5,8,13 181:1,13 fracturing 173:14,21,23 175:11 177:14 207:19 217:23 frac'ing 151:2,7 fraudulent 211:9,13 free 142:16,16,16 freezer 106:19,20 263:18 front 162:5,5,6,13 174:13,21 255:8 froze 106:18 full 105:5,7 113:11 148:20 furious 144:10,21,25 145:3 146:1 252:15 further 255:6 274:13,14,16 275:10 future 110:17 208:10 Fwd 99:12 G gamma 101:18 225:13 226:12,18,18 232:18 garbage 106:23 garden 111:17,21 112:1 113:2,6,14 gas 99:8,12 110:9,10 111:7,10 112:13,16 114:1 137:7,10,10,25 138:1,2,3,5,7,10,18 139:2,3 140:3,4 142:14 143:3,4 146:6,12,18 146:19 147:2,8,17 148:24 149:9,13,20,20 150:8,18,24 151:14,20,22 152:12 154:6,10 154:13 155:1,8,11,12,17,23 156:7 159:23 171:17 173:13 174:8,15,24 175:3,4,13,17 176:25 177:1,22 178:9,12,15,17,22 179:9 180:20 181:23 193:5,12,19,20,22 195:19 196:4,6,15 197:1,14 207:25 208:11 214:15
218:8,10,17 219:6,9,21,24 220:1,2 229:19 229:21,24 230:14,17,19 236:13 246:20,24 248:15 251:4,21 253:5 254:20 gasping 262:25 263:6 gas/oil 210:19 GD 237:12 ge 258:3 general 126:7 generally 126:17 129:22 157:6 159:9 162:10 162:19 163:11,15 geologic 147:16 160:17 210:19 geological 219:3 220:11 getting 113:13 122:12,18 127:19 129:18 137:25 207:21 222:6 256:6 260:3 266:7 give 99:10 121:9 128:23 130:9 132:6 134:11 153:25 224:20 236:15 given 104:2 115:25 129:17 130:18 138:7,7,14 139:11,13 146:2 148:7 149:12 155:21 156:20 160:2 162:12 184:4 189:21 193:20 241:6 243:21 255:25 257:21 272:19 273:16 273:23 gives 226:11 228:8,8 giving 130:14 166:9 glass 211:4 glean 228:20 gmail 109:22 go 107:2 112:18 130:19 135:17,18 140:21,23 142:9 163:12 174:11 176:13,13 179:10 216:16,16 235:6 244:2,21 256:17 258:3 262:1,10 goal 183:2,2,7 goes 139:9 157:24,25 158:1 181:5 238:6 262:13 going 104:4 106:10,22 114:16,17 119:8,18 120:3 125:20 127:21 141:6 142:4 153:6,7 153:18 180:12 182:16 210:7 212:2 222:1 224:20 229:6 241:25 242:4 261:10,11,12,13 265:1,3 266:17,18 good 104:1 106:5,6 112:14 121:6 150:5 157:7 189:24 210:22 223:19 263:15 268:1 goodness 178:19 gosh 131:16 132:1 134:21 gotten 155:2 191:15 199:3,6 223:20 264:8 265:15,17 government 191:1
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Governments 163:1 164:9 GPS 108:10,23 grab 206:14 grabbed 204:20 graph 215:1 graphs 215:1 grave 184:25 great 119:6 122:5 green 99:6 111:1,2,4,11,16,20 112:1 113:2 206:19,21,22,24 250:2,6,15,16,18 greenhouse 99:4 249:21 Greg 97:14 ground 230:25 231:1 262:25 263:5 groundwater 172:17 173:9 175:12 guess 162:25 218:12 guidelines 213:18 gun 124:7 guy 117:10,12 142:15 143:19 guys 125:8 141:21 234:12
hard 168:24 269:19 HARRIS 97:8 274:7 Hayley 98:24 99:1,3 head 125:23 141:21 167:16 182:17 186:17,19 225:22 263:18 headquarters 125:17 194:25 health 176:6,9,10 183:2,6 188:4 190:8,15,23 191:12 213:7 215:13,18 231:20 232:8,11,14 256:4 257:9,22 healthy 262:24 heard 146:8 246:5 hearing 96:2 144:13 273:2 275:2 heavy 112:16 187:4 heeded 189:23 heightened 130:18 help 261:1 263:1 Hendrick 96:19 273:13 274:20 276:3 hereto 96:22 hexachlorobutadiene 235:21,22 Hey 115:3 116:1,2 214:15 234:12 267:5 H Hi 99:10 Hailey 132:24 133:8,11,17 134:1,8 144:3,7 high 106:2,2 115:15 138:5,16 151:9 157:6 146:20,24 148:7,8 160:1 161:6 198:8 201:1 160:12 180:14,18,19 181:3,5 184:13,15,18 201:5,6,13 247:18 269:24 270:1 184:22 207:19 208:16 217:13 226:6,10,14 Haileys 123:19,20 124:2,9,12 147:4,19,25 226:19 228:4,6,9,10,10,12,19,21 231:25 148:4 152:15,19 154:15,15 160:16,16 233:20,23 234:5,5,11,12,13,13,14,15,16 188:20,22 191:18 192:1,13 231:12,13 239:23 252:12,19 256:10 262:19,23 266:18 247:14,22 248:3,11,12 higher 177:2 180:15,22 227:4 228:13,21 Hailey's 199:4,5 233:22 hair 191:20 192:2,5 highly 140:7 148:5 171:15,19 175:3,16 hamster 105:20,21,23,24,24,25 106:2,8,11,11 224:11 227:15,15,18 253:19 106:13,16,24 107:1,5 high-energy 252:22 hand 130:16 206:11 272:19 hire 153:12,21 handle 201:25 hired 148:20 handling 260:12 hiss 254:25 hands 129:19 210:24 hissing 254:22,24 handwritten 214:25 hoe 124:4 hand-deliver 134:22 hold 130:14 162:23 164:22 181:17 212:3 happen 149:8 150:21 160:9,10 222:6 happened 124:1 142:11 151:10,13 156:24 holding 211:4,14,15,20,23 happening 156:18 holdings 157:13 happens 129:22 142:18 150:11 247:1 holds 157:19 158:15 happenstance 125:14 hole 149:25 happy 142:5,7 143:16 145:13 149:16 153:13 home 134:12 230:6 153:22,24 166:5 169:6 227:2 251:16 homeowners 159:14 Merit Court Reporters depos@merittexas.com
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honestly 112:5 136:12 166:4 181:25 230:10 247:9 254:14 Hood 96:6 218:1 273:6 275:6 hook 111:16 112:5,7 142:13 hooked 110:23 111:12,20,25 112:4 114:2 254:4,23 256:16 269:5 hooking 142:21 hope 189:20 horizontals 149:8 180:21 horrible 130:21 192:9,9 horse 154:20,20 155:8 156:7 159:20 hose 99:6 110:8,11,23 111:1,2,4,11,17,21 112:1 113:2,5,6,9,11,11,14,21 114:2,2,4,5 114:19,20 206:16,21,22,24 250:2,3,6,15,16 250:19 254:4,12,13,16,22,23,23,25 255:8 256:16 258:1 260:15 262:2 266:23 267:2,10 267:23 268:9 269:5 hospitalized 262:15 hours 212:1 243:17,17,18 273:21 house 103:22,22,24,25 104:2 105:18,22 108:4 108:5,25 119:1,2,4,7,10,20,25 120:9,12,13 124:12,17,23 125:3,5,19 133:20 138:6,19,20 138:21,22 142:17 152:18 160:3 190:10 192:25 195:18 229:21 230:14 245:24 247:19,20 248:4,12 260:16,16 262:10 268:13 Household 174:1 houses 160:15 223:5,11 Houston 121:18 human 257:8 hundred 154:5 236:13 hundreds 150:15 158:2,6,17 hunting 214:10 husband 192:9 hydrocarbons 236:1,21 260:15 262:23 hysterically 184:9 hysterics 185:4 I icees 189:12 ICPMS 167:19 idea 106:6 121:7 136:9 137:12 200:17 220:6 223:19 identification 162:14 identified 138:16 168:8 171:14 235:17,24
236:2,7,8 237:6,16,25 238:21 239:3,20,25 252:14 259:2 identifier 163:7 identifies 101:18 164:9 252:11 identify 163:15,20 164:17,19 203:14 214:12 233:20 238:20 239:21 242:15 247:11,16 248:1,9 251:1 252:8 253:3 258:8 identifying 233:21 240:5 identity 236:8,16 272:14 ignoring 262:20 immediately 130:13 189:8 imminent 115:15,16,22 128:14 256:4,4 257:1 257:7 260:11,12 262:9 266:19,19 268:14 impact 175:10 193:17,18 195:18 257:8 260:2 important 129:6 improper 126:23 imprudent 126:23 inaccurate 233:11 236:25 inappropriate 131:8 inch 186:7 inches 157:2 include 167:19 included 168:6 includes 273:24 including 138:18 269:3 incompetence 155:16 266:3 inconsistency 223:12 224:9 266:3 inconsistent 221:9 224:6,11 incorrect 221:1 236:11 237:7 incorrectly 205:1 increase 104:6 incredible 147:17 incredibly 138:5 160:17 222:5 INDEX 98:1 indicate 173:12 indicated 183:9 208:6 228:24 indicates 157:6 226:20 227:1,25 indicating 164:25 indication 150:23 indicative 175:2,15 indicator 106:5 171:20 indicators 175:2 188:17 individual 159:19 183:19 188:12 226:9 229:10 231:24 252:22 individuals 145:7 270:12
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individual's 262:10 indoor 101:9 102:1,7,14,19,23 114:17 116:22 116:23,24 117:7,17 industry 218:12 inform 171:7 261:18 informa 132:9 information 132:6,7,11 143:13,15 148:12 220:7,7 258:16 273:23 informed 106:4,4 130:16 131:18 141:2 210:17 initially 161:23 initiate 144:24 257:12 initiated 146:3 initiating 145:25 initiation 116:1 inside 215:5,15 216:1,18 220:19 221:1,5 225:17 227:2,3 235:14 241:3 243:3 268:13 insignificant 147:23 instance 96:17 instances 197:22,22 instantaneal 188:5 instruct 268:6 instructed 114:5 206:15 268:8 instrument 238:6 239:2,5 272:16 instruments 237:5 integrate 151:11 integration 151:14 152:12 intelligent 252:22 interest 128:18 131:6 interested 129:20 274:14 interesting 143:20 interior 122:22 123:4 162:5 187:12,14 Interior's 217:8 Internet 109:25 introduced 121:13 investigate 160:11 investigated 148:19 investigation 148:11,20 invoice 265:16,17,17,18,20 invoices 99:16 264:13,17 265:8 involved 114:24 116:4,12 255:20,22 256:6 261:2 266:13 in-depth 130:3 ion 167:13 218:20,21 236:14 238:22 239:21 240:10
irrefutably 151:25 irregular 171:19 253:19 irrelevant 109:17 113:24 210:6 irrespective 209:20 254:22 irrigation 143:7 isobutanes 196:4 isopentane 196:19 197:9 issue 212:20 260:7,8,10 issues 106:6 147:5 192:3 193:21,22 210:15 213:7 259:22,22 I-30 97:4 274:3 J January 96:12,18 99:16 137:8 264:17 271:3 273:11,18 274:18 jeopardy 262:16 job 96:24 122:5 276:8 John 97:11 274:10 Johnson 178:20 Jones 210:15 211:5,8 Joseph 96:19 273:13 274:20 276:3 Judge 144:6,10,14,20,23,25 145:2,6,13,25 252:15 jump 266:14 jumped 184:8 264:1,3 jurisdiction 256:18 257:4 259:7,16,18,19 260:8 262:4 266:8 Justice 194:6,8,12,16 198:3 229:8 259:5 270:7,15 K keep 106:7,13,13 168:14 keeps 207:20 Keith 194:13 kids 117:16 118:24 120:4 kind 106:11 109:25 110:16 111:9 114:9 122:11 175:11 190:13 191:25 196:21 218:24 219:1 226:7 229:23 231:2 knew 130:15 224:3 know 101:10,11 104:15 105:15 107:1,15 108:17,17 111:19,20,22,25 112:4,6,8,9,9,16 112:17 113:22 114:19 115:7,20,23 116:9 118:1,15 119:22 120:5,6,11,14,15,24 121:14 121:17,18 122:16 123:16 126:7,18 128:2,10 130:24 131:3,21 132:2 136:11,23 139:23,25
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140:2,4,15,15,20,22,24 142:16,23,23 143:15 143:17 144:16,24 146:3,21 147:23,24 148:19 149:23 150:5 151:15 154:9,11,12,13 155:4,14,21,23 156:3,11 157:4,10,21 158:3 158:5,8,9,11,12,14,17,25 166:4 172:22 177:23 178:5 179:24 180:16 181:14,21,22 185:14 189:3,5,6 190:1,11 191:16 192:7 193:6,8 195:8 200:15 202:12 204:5 205:24 209:4,6 212:3,4,13 214:19 220:10 224:16 224:17 230:10,24 234:3,12,13 236:10 239:13,22 240:1,6,8 241:7,7,15 243:20 245:13,18 246:11,14,17,18,22 247:9 248:18 248:20 249:19 250:1,12 251:5,7 253:13,19 258:21 259:3 263:16 265:13,14 268:24 knowing 138:9 139:10 200:17 knowledge 133:15 139:19 146:20 151:11,13 151:23 152:3,4 159:12 185:20 188:19 204:24 230:15 231:18 246:25 252:4,5 known 178:17 183:5,20 191:14 218:3 224:1 272:12 K-40 226:2,4 L lab 101:15,16 102:3,5,6,8,14,16,18 118:16 123:5,6,8 128:2 161:19 162:10,11 166:25 168:21 198:11 210:15,16 211:1 221:7 233:16,20 235:18 237:9 238:9 239:1,4,5 258:10,10 266:3 laboratories 123:1 203:19 205:19,20 211:9 212:9 220:19,25 221:4,16 223:17 247:21 laboratory 98:9,11,16,18,23 101:22,23 102:21 106:15 168:22 186:18 198:7,9 199:3 199:8 202:25 203:16 209:7 210:10 211:17 211:23,24 215:3,3 223:13,14 224:13 228:14 234:16 236:15 248:11 labs 122:22 211:7 222:12,13 223:16,24 224:10 265:25 266:1 lack 209:18 228:22 lady 128:16 129:4 lag 119:25 130:5 Lake 165:8,15,16 246:6,11,17 land 159:10 landowner 159:16 laptop 109:15 large 104:3 119:4 151:22 154:6 157:22,23
158:19 245:24 249:7 larger 248:22 249:1,6,11,13 LARRAINE 96:11,17 98:3 271:2 272:1,6,12 273:11,15,18 laterals 139:4,13,13 laurels 256:2 261:14 Law 96:20 lawyers 199:9 layer 179:13 181:19,22 layered 219:19 lead 196:5 leaking 114:2 lease 157:13 158:7,15 leasehold 157:19 leaseholdings 157:16 leave 180:25 181:1 leaving 132:14 led 150:25 left 132:4 left-hand 213:25 legend 166:10 letter 98:23 203:4,5 letters 134:3,7 let's 141:17 202:16 218:16 237:8,11 253:21 255:2 256:11 268:15 level 152:11 176:8 182:15 183:6,24 185:3,5,7 185:12,13,14,14 187:12,19 188:10 191:1,4,8 191:11 213:6,12,13 217:8 218:5 226:6,7 228:24 242:4 250:22 262:19 levels 175:19,21 176:5,14,15 183:8,10 184:13 184:18,22 191:19 192:15,19 213:9 215:12 232:11,16 243:21,23 262:23 267:21 life 106:12 light 142:6 236:1,21 249:12 lighting 142:5 257:25 lights 260:15,15,16 likes 179:14 limit 182:23 187:6 212:23 216:25 226:2 233:19 limits 169:16 171:8,12 183:1 212:25 213:5 215:13 216:19 225:5,6,10,12 232:15,21 233:14 234:6 line 121:12 165:1 172:5 181:24 lines 165:2 link 135:6,18,18,19,23 136:10
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linked 135:1 Lip 249:20 Lipsky 98:9,11,13,16,18 99:8,12,14,16 100:3 103:2,13,15,17 104:8,8,12,13,15,20 105:14 106:21 107:2,3,3,10,10,16 110:4,8 111:16 111:25 113:13 114:23 115:1,2 116:3,10 118:7,11,13,22 119:24 120:17 123:10,22 125:4,13 128:15 129:3,16 130:6 131:1,24 132:21 133:2,5,16,20,23 134:5,15,20 136:16 140:15 141:5,14 142:3,5 143:12 144:6,9,14 144:20 145:16 146:24 148:6,8 154:3 159:25 160:3,19 161:3,18 165:19 166:13 186:10 190:7,10,14 195:10 198:8 200:25 201:13,20 201:22,23,24 202:13 208:5 216:13 222:10 231:13 232:23 233:4 249:23 250:6 251:3,24 252:12,17,19 253:25 256:23 257:25 259:10 260:3 264:20 266:6 268:9 269:2,15,24 270:1 Lipskys 123:7,14,15 124:3,10,17,23 125:3,19 127:11,21 134:11 135:5 136:7 137:4 139:24 140:6 146:18 147:4 148:10 149:12 150:14 151:5 152:8,16 154:15 161:24 162:13,17 163:4,15,20 164:3,12,14 166:17 168:14 171:7 176:3 183:24 188:19 189:3,15 190:4 193:9 199:4 215:5 217:14 222:2 224:12 228:25 229:20 237:4 240:18 242:6 243:5 244:10,17 248:23,25 Lipsky's 111:12 118:10 127:6,6 132:7 146:5 147:14,15 195:17 201:2 247:7 249:20 liter 160:9,10 182:3,19,19,20,22 186:23 187:3 187:4,9 191:5,7,15,17 216:24 217:5 literally 105:6 111:10 124:3 135:22,22 150:17,18 151:20,21 174:11 little 106:5 111:8 113:10 122:19 142:14 163:21 174:12,12 184:16 201:17 live 120:8 living 120:11 LLC 97:15 161:20 LLP 97:11 274:10 loaded 134:24,25 local 115:17 located 102:11 154:19 163:16,20 164:4,18,23 164:24 227:8,11 230:9 231:9 247:7 location 108:20 125:10 135:9 137:13 147:21 148:7 149:7,10 163:7,8,12,13 164:8,11,14
165:5 locations 108:10,23 locked 227:2 228:17 logical 261:15 268:8 long 113:9 172:24 179:20 189:12 195:3 241:2 241:12,16,20 242:4,7,16 243:1,2,12 longer 113:10 221:7 222:12 look 101:12 123:19 128:4 142:21 147:19 149:5,9,16 150:16 152:1 153:2 160:7 161:13 169:22 170:4 173:6 182:16 191:5,7 196:16 204:6,8 206:6 214:15,18 224:15 226:8,9,11 228:22 237:8 241:2 250:9 259:1 looked 120:18 142:24 143:15 148:11 166:22 226:13 246:8 looking 128:9 150:13,13 152:9 196:15 197:5 197:16 207:14,15,22 226:17 228:22 233:3 236:17 260:1 looks 162:24 168:3 213:24 215:6 232:20 244:21 249:20 250:8,13 267:3 loose 175:7,9,10 179:8,16 180:16 217:22 loosed 180:9,13 181:13 227:5 loosen 228:1 loss 191:21 192:2,5 lost 106:1 205:21 lot 109:2 110:16 111:9 112:12 118:23 119:1 120:22 122:9,12 131:5 136:18 142:15,15,18 145:22 149:3 157:13 159:1 178:7 181:16 201:15 208:14 247:1 269:16 love 219:1 lovely 129:4 low 160:17 183:8,9 227:3,3,22,23 lower 191:20 Lyster 133:4,10 L8-100 166:13 186:10 L8-200 232:24 233:4 M machine 96:20 magnesium 169:15,21 170:13,15 171:8,11,15 171:24 172:7,10,13,16 173:8 175:16,25 176:4,12,14,16 177:6,12,19 192:18,23 193:3 197:24 215:7 229:15 main 97:8 103:22,24 110:9,12 274:7 maintain 162:3 183:7 maintaining 155:20
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19
maintenance 252:13,20 making 238:13 maligned 236:24 man 252:12 manager 210:16 managers 215:3 manganese 171:15 172:7,9,14,14,17 173:8 175:16 176:4,16,21,22 177:7,11,12,19 192:18 193:3 197:24 215:7 229:15 map 162:25 163:8 164:6 165:8 166:10 maps 120:21 163:17 164:11,16 165:5 mark 144:6,10 244:2,8 marked 167:23,25 203:11,13 235:7 240:12,14 241:9 244:4,8,15 245:7,9 247:10,15,25 248:8 249:14 250:4,25 252:7 253:1,3 258:7 264:11 Marshals 252:18 Mary-Ellen 99:12 mass 238:19 material 101:17 220:16,16 225:16,20 226:21 226:24 227:2 228:1,16 229:5 231:22 232:2 232:3,13 materials 207:18,22 227:8,18 matrix 138:20 217:24 226:22 228:4,14 matter 109:5 132:24 133:2,5,8,11,17,20,23 134:1,5,9 135:9 137:9 140:25 141:14 144:3 144:6,7 161:3,6 162:17 200:25 201:1,13,14 202:4,6 259:7 266:8 267:11,18 269:24,24 270:1 matters 221:15 ma'am 113:16 187:15 232:6 257:2 258:9 MBA 220:18 MBAs 98:9,11,16 101:21,22,23 102:17,19 205:17,24 208:4 209:19,19,20 210:5,7 220:24 222:3 McComb 99:12 MDCs 228:3 mean 125:6 128:12 132:12 136:24 155:10 169:18 179:18 180:19 181:4 186:16 207:15 210:11 213:11 224:17 228:3 236:18,19 238:18 239:1 244:21 253:7,8 254:12,19 264:19 means 119:8 155:11,12 169:19 236:20 meant 137:5 156:8 268:2,2 measured 165:20 166:5
media 121:20 122:5 128:18 130:21 131:5,10 131:14,19,23 132:16 261:11 270:4 media's 121:24 meet 194:23 meeting 195:3,12 199:9,10,13,15,18,22 200:21,21,22 258:11,14 member 200:13,14,16 memorandum 259:23 memory 250:10 mentioned 110:13 124:9 142:11 154:3,16 172:13 216:4 247:2,2 mercury 167:22 233:5,10,12,13 234:8 MERIT 97:15 message 132:4 met 118:9 129:9 194:25 195:10 198:3 199:20 metal 254:24 metals 167:19,20 170:6 187:4 meter 160:9 meth 185:25 methane 98:18 138:18 139:23 140:5 147:10 147:25 148:4,13 151:4 152:24 159:25 167:21 180:24 184:25 185:25 186:21 187:8 187:12,19,22,24 188:7 189:2,2 190:9,24 191:6,15,19,22 192:17,21,22 193:2,9 196:16 196:17 197:7,21 216:1,8,23 217:9,15,16,19 219:11 220:10,13 227:16,19 229:14 246:12 246:14 254:21,22,25,25 258:11 262:11,11 267:18 268:11 methane-producing 219:16 methodology 236:3 methyl 197:11 methylbenzene 184:11 197:11 198:1 methylbenzenes 196:23 methylene 102:15 202:24 203:8 207:9,12 208:19,20,22,23,24 209:14,23 212:15 methylhexane 197:8 mic 186:23 187:1 micrograms 160:8,9 182:3 186:23 187:3,9 191:5,7,14,17 216:23 217:5 microturbine 99:8,13 142:21 microturbines 142:20 143:13,15 251:4,22 253:6 middle 119:11,12 149:25 165:2 255:25 migrational 150:12 260:10 mile 267:25
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miles 157:24,25 158:1 223:6 milligrams 160:10 182:18,19,20,22 187:3 million 182:8 186:25 187:1 190:24 217:2,8 mind 192:7 216:5 minds 257:24 mine 163:22 mineral 158:23 159:3,6,10,17,19 minimum 223:24 minute 101:12 146:13 minutes 195:5 263:13 273:21 misleading 267:13,17 misstatement 184:19 Mm-hmm 102:16 172:2,2 182:13 196:9 205:8 214:2 230:7 237:10,22 238:2 255:16,18 modeling 241:19,23 242:11 modification 242:19 moment 117:2 202:21 203:2 225:24 money 142:18 265:2,4 monitor 113:22 114:6 255:9 monitoring 98:13,14 Montague 178:19 month 130:5 141:10,10 223:25 months 200:5 201:16,19 motivated 261:8 move 255:5 261:16 moved 268:5 mover 252:23 multiple 149:19 152:24 170:1,10 222:18 Multiplied 243:13 municipal 145:11 N N 97:1 237:17,20 name 125:22 141:21,22 194:13,21 210:21,21 210:21 216:13 272:15 names 121:9,11,18 125:21 Narrative 169:12,14 232:22 233:3 nat 193:12 208:14 national 182:24 183:17,22,23 185:21,22 187:21 212:24 213:17 natural 137:7,10,10,25 138:5,18 139:2 140:3 140:4 142:14 143:3,3 146:6,12,18,19 147:2 147:8,17 148:24 149:9,13,20 150:8,18,24 152:12 154:10,13 155:11,12 171:16 173:13 175:3,4,13,17 176:25 177:1,21 178:9,12,15
178:17,22 179:9 180:20 181:22 193:5,12,18 195:19 196:4,6,15 197:1,14 207:25 208:11 210:19 218:8 219:6,9,21,24 229:19,21,24 230:14,18 246:20,23 248:15 naturally 101:16 150:21 172:17 173:8 175:5 175:8 207:17 208:14,18 217:19 219:5,15 226:21,23,25 228:15,16 230:17 231:21 nature 103:16 228:4 NCT 164:9 NCTC 165:4 near 139:4 148:9 149:10 178:10,12,15,18,22 178:23,24 262:15 nearby 174:7,8,25 nearly 110:18 necessarily 123:25 160:14 168:25 171:13 232:16 234:10 necessary 122:6 need 114:4 115:3 116:1,2 153:8,19 needed 110:17 120:4 201:23,24 256:8 259:17 260:4 needing 201:21 needs 121:25 negative 102:16,18 211:2,19 222:9 223:4,8,9 224:10 225:2,3,6 228:8 233:12 negotiated 159:18 negotiation 159:10 neighbor 260:17 neighborhood 260:17 neighbors 124:10 neither 274:13 NELAC 237:21 238:3,14,16 239:7,8 never 106:24 116:3 127:5 133:1 140:16 146:8 154:3 155:14,21 156:4 157:7 162:16 165:20 166:7 183:11 190:4 201:5 216:5 217:25 218:23,24,25 249:17 263:23 266:6 NEWARK 96:5 273:5 275:5 newest 145:12 news 121:25 122:3,7 129:8 131:10 261:11 newspapers 131:15 nightly 122:3 nine 218:13 Nods 167:16 non 172:6 noncommittal 142:4 nondetect 172:6,10,15 176:22 215:6 217:18
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233:13 nondetected 192:16 nonresponsive 177:5 non-producing 150:3 non-responsive 177:15 197:15 non-toxic 187:25 NORM 101:11,13 226:11,25 227:4,23,24 229:5,16,16 normal 211:15 234:6 normally 112:2 234:15,16 north 108:2 163:1 165:15 230:10 231:10,11 Notary 272:22 note 169:8 notebook 108:15,17,18 161:13 noted 272:4 notes 199:13,17,19 notice 96:21 228:6 noticed 234:19 noticing 128:1 notified 115:20 135:6 260:6,18 notify 139:15,15 260:23 number 116:7,8 182:12 217:13 228:9,10,10 241:10,12 numbered 96:18 numbers 227:3,4 numerous 131:6 197:10 259:10 O Oak 161:18 164:21 165:6 oath 266:5 272:13 Object 171:21 237:1 238:24 Objection 139:7 147:11 149:2,22 153:11,20 154:7,23 177:5,15 179:3 184:21 191:2 197:2,15 211:10 212:17 215:20 219:18,23 220:4,14 223:18 230:8 245:21 248:17 255:21 257:6 261:3 262:6 266:10 267:15 observation 122:10 observer 99:4 obtain 110:12 obtaining 121:5 obviously 105:2 107:16 109:17 110:7 120:4 121:15 136:24 138:4 139:14 180:1,23 183:22 188:18 195:9 201:2,17 202:15 208:10 221:10 248:19 occasions 269:6
occupants 262:16 occur 172:17 173:8 175:5,12 occurred 177:22 222:11 274:17 occurring 101:17 175:8 207:17 219:15 226:21,23 227:1 228:16 230:17 231:21 occurs 217:19 odds 131:1 offer 194:21 office 141:19,20,22 162:4 168:4 272:19 officer 273:15,23 275:12 officer's 275:16 offices 96:20,20 oftentimes 105:4 130:5 154:10 158:8,23 211:14 oh 103:15 112:3,3 127:22 128:5,10 131:25 134:21 141:17 149:23 165:11,23 166:21 169:4 178:18 184:14 192:17 199:14 202:5 204:10 209:7 229:22 251:3 270:7 oil 175:18 177:1 okay 101:19 102:13 103:7 107:18 110:19,22 110:25 111:4 146:13,15 154:18 163:23,25 164:2,22 168:8 172:12 174:10,20 180:8,11 180:18 182:7,21 184:23 189:10 192:12 196:7 201:4,8 202:16,18 203:17 206:6 214:7 216:2 231:2,5,9 233:5 234:25 235:1,4 237:11,15 238:6 240:5 244:13,14 245:3,4 250:17,21 252:8 254:7 256:13 Okruhlik 97:7 245:2 274:6 old 105:25 107:5,6 Olson 96:20 97:3 274:2 once 136:21 147:21 149:7 150:12 152:9 157:14 160:6 171:12 219:12 224:15 229:12 263:4 ones 108:21 115:8 online 141:11 open 119:1,2,7,9,10,15,16 opening 119:1,23 operating 115:17 operation 96:3 180:25 273:3 275:3 operations 174:8,25 175:3,4,18 229:19 opinion 115:5,5 127:2,3,6 128:19,23 129:9 137:6,24 140:8 148:3 149:12 151:2 152:8 153:23,25 178:2 193:25 195:14,16,17 261:15 opinions 126:24 127:10,20 141:1 149:1,18
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152:6 198:18,19 202:4,5 opportunity 106:23 options 131:5 oral 96:10,17 273:16 oranges 244:1 order 151:10 153:17 228:1 236:3 261:1 organic 107:23 119:13 192:4,21 196:21 228:15 organizations 200:13 original 163:3 166:14 218:15 275:11,14,16 originally 162:7 241:1 other's 259:24,24 outcome 274:15 outdoor 101:9 102:1,7,14,18,22 107:12,18 108:1 117:4,5 outlet 131:23 132:16 outlets 131:10,19 outrageously 130:20 outside 138:20 143:18 166:13,19 167:7,9,10 185:10,24 186:8,9 204:7 207:5,6 211:14 220:25 221:5 225:17,19 234:6 235:15 236:4 239:7 241:3 outstanding 264:14 overall 232:1 oversee 256:25 257:3 oversees 256:20 owner 159:11 210:16 222:18 owners 158:24 159:15 222:19,20 224:4 ownership 159:4 o'clock 114:21 122:1 o0o 270:23
Parker 96:8 115:19,19 145:5,6,18 149:21 157:20 158:15 161:10 177:8,17 178:19 180:2 218:1 219:8 220:1 252:17,18 273:8 275:8 part 100:5 110:9 121:15 169:3 184:19 198:22 242:7,7 244:3 250:11 251:8 262:8 partial 113:11 participants 199:10 particular 156:4 163:18 179:5 180:2 particularly 110:6 151:16 parties 129:21 200:24 273:24 274:13 275:19 parts 150:15 160:8 182:5,7 186:25 187:1 190:24 197:7,9 217:2,5,8,20 party 273:20 Pass 270:18 payment 264:15,20,22,24 265:7 payments 264:17 265:8 Peck 264:19 pen 169:7 penny 256:17,24 257:3 pentanes 196:4 people 123:23 125:24 128:25 130:19 133:19 142:15 144:18,19 146:25 150:3 152:17 154:11 191:11,11 215:3 252:23 256:6 269:23 270:3 percent 169:17 210:18 232:22 233:25 234:1 236:13,17,19,20 239:14,17,19,23 240:2,3 267:19,20,21 percentage 238:21 perform 211:16 218:21 241:19,25 performed 106:25 177:10 209:3,9 211:17 215:22 225:21,23 238:7 239:6 P period 131:11 141:7 207:4 221:13 222:2 P 97:1,1 227:20 243:17,24 260:20 pad 164:19,23,24 165:7,15,18 periods 223:7 page 98:8 100:2 135:24,24 161:13,14,17,22 persistent 152:10 162:5,12,24,24 165:2 166:12,13,19,24 167:1 person 272:15 167:3 168:2,6,9 169:10,11,23 172:5 174:7 personal 140:10 174:22 186:13,22 202:25 203:10 204:7,9 personally 272:12 214:1 216:11 236:4 237:12 242:2 275:13 personnel 145:19 pages 96:13 162:8 167:5 pet 107:4 Page/Line 100:9 271:4 Petroleum 200:22 paper 173:17,24 174:5 213:24 pH 167:15,21 papers 140:16 173:12 phone 97:16 104:21 131:6 199:23,24 201:21 parents 119:24 photograph 98:20 99:4,6 163:14 Merit Court Reporters depos@merittexas.com
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photographs 108:25 109:1,2 physical 190:13 physically 129:19 130:17 pick 106:14,22 picked 103:3,12 204:23 221:11 picture 156:4 174:21 245:13 249:4 pictures 108:21 246:3 piece 113:11 213:24 pig 221:25 pipe 230:14 place 96:21 97:3 127:7 142:8 155:3 260:9 268:8 274:2 placed 107:25 108:2,11 113:3 placing 113:13 PLAINTIFF 97:2 274:1 plant 220:16 please 99:10 105:1 114:16 161:12 202:21 203:2,14 212:8 247:12,17 248:2,10 251:2 252:9 253:3 258:9 261:21 264:13,15 265:6 plenty 114:3 268:11 plugged 150:17,19 154:21 plural 149:6 point 113:24 117:19 119:21 146:4 164:23 209:11 210:17 211:3,5 212:5,25 221:3 222:7 223:13 224:7 236:15 243:21 255:24 262:14 266:13 pointed 247:2 point-5 243:14 policies 238:17 policy 212:5 pollutants 104:5 pollution 150:12 260:10 pool 103:22,25 120:13 poor 245:5 popping 135:23 214:16,16 port 173:17 portion 111:21,23 112:1 157:22 227:7 238:25 pose 176:6 position 129:12 173:18 257:10 positive 208:21 209:10,14,24 210:9 223:3,8,9 229:12 possession 162:13 214:24 270:16 possible 131:14 155:16,17 180:17 200:16 205:22 224:22 251:13 263:18 264:15 265:7 possibly 155:19 166:4 211:15,17 269:13
potassium 226:5,10 231:24 potential 139:14 249:10 257:8 potentiality 191:22 pounded 228:1 power 259:20 preceding 169:23 preface 218:15 preferable 184:11 185:1 266:2 preferably 124:7 prefers 179:14 preliminary 127:2,10,20 premise 232:14 premises 107:16 prepare 162:16 240:17 prepared 162:7 214:25 240:19,21 242:17 preparing 275:16 presence 139:11 171:14,20 173:13,19,20,22 175:3,4 180:1 184:10 193:2 197:21 207:23 208:23 209:13,16,18,19 210:8 211:1 227:16 227:19,22 229:13,14,14,15,16 259:25 present 125:6 138:18 147:20 148:10 171:12 173:15 177:13 184:4,6 192:19 194:18 195:22,25 206:3 207:3 210:5,6 214:13 226:22 227:14,20,24 236:5 250:1 258:20 presented 161:23 169:24 171:3 239:18 242:4 preservative 170:7,19 pressure 111:9,15 139:16,17 147:17 151:9 155:19 157:6 173:13 181:9,10,12 pressuring 129:1 presume 181:24 224:14 presumed 169:20 pretty 116:24 117:24 118:2 127:13 166:2 prevented 122:18 prevents 135:7 259:23 previous 208:9 pre-date 149:20 primarily 109:14 111:6 180:5 primary 142:9 159:6 176:11,19 182:25 185:22,22 196:16,17,20,20 210:14 print 168:17,24 169:2 printed 162:25 163:9 164:17 168:20,25 printout 100:3 prior 127:19 178:4 196:21 218:1,8 222:2 private 220:7 prob 141:3
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probable 140:2,5,7 148:5 probably 108:22 115:5 121:5,7 128:10 138:5 149:3 150:2,4 156:3 159:18 163:6 181:14 184:2 201:18 202:9 212:13 213:15 222:2 263:14 problem 149:15 171:24 172:3 173:11 205:19 212:13 223:20 234:7,10 242:3 267:22 268:3 268:10 problems 102:5 108:22 141:6 159:24 Procedure 96:21 procedures 212:19 proceeding 274:14 processed 215:16 processing 196:22 produce 100:3 112:20 168:18 218:4 219:21 219:22 220:2 224:20 250:24 251:7,17 produced 96:17 109:8 168:7 224:10 producer 158:10,11 producing 115:6 149:10 193:13 243:5 product 195:22,24,25 196:16 production 96:3 140:21,23 150:24 159:6,11 197:1 273:3 275:3 products 196:17,20 profoundly 249:1,6 profusely 264:4 Project 216:13 232:23 233:4 prominent 257:9,9 promulgated 184:1 232:11 propane 197:8 213:25 230:9,16,18,20,22 231:16 proper 122:9 211:16 261:17 properties 149:14 158:7 159:2 174:18 property 103:10 109:2 124:2,3 125:7 127:11 127:21 128:13 131:20 137:24 139:5,10,12 142:3 143:7 148:8 149:12 150:14 159:5,5 160:19 163:15,20 164:4,12,14 165:19 166:1 179:5 195:11 222:18,19,20 224:4 230:21,22 231:10,12,12,13,14 247:5,7,22 proprietary 220:7 protect 129:7 protected 135:19 Protection 174:3 protective 175:20 176:5,9,10 182:14,23 183:1 183:7 185:7,12,15,16 187:18 192:14 212:23 215:13,18 232:11,14
protocol 115:17 261:17 protract 106:18 prove 151:25 proved 149:19 268:14 272:13 proven 148:25 provide 100:4 129:2 143:12 190:19 198:2,6 198:20 211:11 212:6 224:12 241:5 provided 100:5 143:14 163:4 166:17 198:5,8 198:21,24,25 199:2 201:22 237:4 240:25 provisions 96:22 proximity 113:14 public 122:7 132:8,8 183:2,2 246:5 272:22 publication 173:4 174:2 publications 173:5 publicly 148:12 246:9 publishes 173:2 pull 162:20 pulled 150:18 198:16 264:1 pump 151:21 pure 190:20 purify 143:5 purposes 230:5 272:17 pursuant 96:21 273:23 274:16 push 109:23,24 pushed 150:3,7 151:20,21 put 106:19,20 109:25 110:8 122:7 155:17 163:6 164:8 165:5 166:8 182:20,21,25 186:5,25 217:4 254:11,13,15,16 255:10 262:1 265:23 267:1,6,7,9,16,24,25 268:5,6,6 268:7 puts 128:2 putting 267:23 P.C 97:8 274:7 p.m 96:18,18 101:2 160:22,23,23,25 202:19 202:20,20,22 258:5 268:16,17,17,19 270:22 Q QA/QC 216:15,16 QC 169:15 216:15 qualities 213:6 quality 120:23 245:6 260:6,6 quantify 138:13 quantities 227:21 quantity 138:7,10 147:13 228:12 236:8 240:6 quarter 267:25
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quarter-inch 174:12 question 112:14 115:2 150:5 153:16 167:2 176:23 181:15 205:16,17 209:1 210:3 212:19 213:4 226:19 229:23 230:12 232:6 233:16 257:23 260:19,21 questioning 234:5 questions 118:14 120:23 199:11 270:19 QUESTIONS/INSTRUCTIONS 100:8 quick 102:4 169:7 195:12 244:3 258:15 268:15 quickly 105:8 195:8 260:21 quite 118:19 119:25 142:25 143:10 186:6,7 254:11,13
267:19 readings 231:19 ready 162:20 real 102:4 142:5 169:7 254:14,14 realize 152:11 really 111:24 121:23 122:19 126:10 142:7 143:16,17 153:6,7,8 183:19 199:7 200:12 210:22 228:9,20 234:12 245:5 reason 155:15,21 168:11 198:23 210:14 217:16 254:12,13,14 256:7 271:4 reasonable 194:1 reasons 174:6 251:11 275:13 recalculated 242:21,23,23 recall 104:13,14,21 105:15 107:9 110:15 R 113:17 114:8,13 115:1,3,6,9,14 116:5 117:5 R 97:1 118:6,12,17,18,21 120:1,16,24 121:4,15 Radiation 224:25 123:10,20 125:12,22 127:17 133:18,24 radioactive 101:17 225:16,20 226:20,21,23 134:16 136:15,22 141:4 143:11,14 145:1,24 227:1,8,18 228:16 231:21,22 232:3,13 145:25 147:3 156:10,11,18,25 171:18 172:2 radioactivity 101:18 231:23 173:3 189:10,16 190:6 200:4,6,8,11 229:9 Railroad 96:5 120:19,20,21 139:15 141:13,13 229:25 269:17,25 270:6,8 143:22,23 144:2 259:12,14,15,19,21 260:4 receive 199:24 261:13 266:16 270:12 273:5 275:5 received 117:18 162:1 169:19,23 170:21 ramification 263:17 171:1,2,5 172:1 199:3,23 201:21 221:14 ramifications 122:20 224:18 264:17 ran 101:11 102:17 215:4 263:25 receiving 128:24 Range 96:3 139:16 153:12,21 157:14,17,19 recognize 240:15 158:11,14,20 176:17 220:5 261:12 270:10 recollection 155:1,5 273:3 275:3 recommendation 256:22 rate 180:22 182:22 228:13,19,21 232:7 240:2 recommended 255:11,14 266:21 240:3,7,8,9 recommending 254:3,19 256:15 rattlesnake 124:5 record 96:22 101:1 160:22,24 202:19,22 raw 196:5 244:3 258:3,5 268:16,18 270:20 273:16,24 ray 232:5 recorded 102:18 199:15 rays 226:12 records 162:3 251:8 RCRA 170:6,18 Recoveries 216:10,12 RCRAs 170:17 recovery 169:16 232:22 233:5,21 234:1 RCRA12 99:15 red 163:21 164:1,3 reach 126:23 127:1,3 redactions 99:11 reached 127:20 referring 101:13 138:11 163:17 247:9 react 208:19,20,24 reflect 250:5 reaction 179:17 refrigerator 106:14,21 reactive 210:7 refused 129:2 130:9 read 172:5,5 256:11 272:1 refusing 129:5 reading 186:22 212:15 217:11,17 242:20 regard 251:4 Merit Court Reporters depos@merittexas.com
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regarding 213:18 253:5 regards 118:15 133:20 145:6 201:20 236:22 Region 194:25 Registration 274:21 276:4 regulations 182:25 185:21,23 213:18 regulatory 261:18 related 131:23 132:20,24 133:5,8,11,16,23 134:1,5,8 138:17 141:1 144:3,6 147:17 161:2,6,9 171:24 179:25 180:20 190:9 195:19 201:10 207:24 208:11 212:20 229:19 231:23,23,25 238:20 240:9 252:16 257:12 274:13 relation 103:1 113:7 240:20 relayed 110:3 relevant 227:21 reliable 173:4 rely 212:2 remember 105:19 107:4 114:14 118:23 120:2 120:6 125:20 140:17 141:18,20,24 143:8 144:12,13,17 145:14,20,20 152:17 154:8 173:1 188:23 remit 264:15 265:6 remove 114:16 repeated 116:22 117:8 report 99:1,3 128:6 129:22,23 130:4,7,8,11 131:2 162:16,20,21,22,23 163:3 166:14 167:4 169:24 171:4 176:3 199:5 201:6 202:25 203:7 204:3,8 205:4 210:20,20 212:10,22 214:20,20,21 215:5,24 216:16 217:5,10,11 224:1,25 225:1 231:19 234:7,9 237:13 240:20 245:5 247:13,20 248:5,6,12 260:23 reported 96:19 102:16 187:2,8 190:4 239:14 240:6 Reporter 96:19 273:13 REPORTERS 97:15 Reporter's 98:6 273:10 reporting 171:6 187:6 216:19,25 234:8 reports 118:3 134:11,22 211:9,13 222:3 224:9,10,13 229:10,11 232:7 237:3 240:18 244:6,9,17,22 246:9 represents 236:4 requested 100:1 162:18 236:14 265:9 require 181:12 required 212:10 264:18 265:9,9,10
requirements 274:16 residence 193:14 264:15 residences 148:18 residential 148:15 Resources 158:14 respect 232:23 233:4 234:8 respiratory 262:14 263:7,9 respond 153:15 response 188:18 210:4 257:13,15 266:20 268:12 responsiveness 171:21 237:1 238:24 rest 258:11,14 result 186:13 208:22 209:10,11,14 210:9 211:16 216:1 223:4,8,23 224:1 225:5 226:6 229:4 257:17 results 98:9,11,16,18 99:14 101:22,23,25 102:2,8,13 104:11,16,22,23 105:2,4,5,7,12 105:15 106:7 117:18 121:2,2,21 122:10,13 122:18 123:17,18 126:13,15,16,18,19,24 127:4,5,7,13,14,15,18,19,22,24 128:11,12 128:15,22 129:1,1,2,5,7,11,14,15,16,17,23 129:25 130:1,15,16 131:7,12 134:12,18 136:18,21,23,25 137:3,5,23 139:20,20,21 147:22 153:3,4,5,10 161:19 162:6,7,8,10 191:5 193:10,15 198:7,9,11 199:4,8 201:18 202:10,15 203:8 208:5 209:23,24 211:1,17 211:18,25 212:2 216:17 221:8,14,20 223:15 223:20 224:6,19 225:2,4,4,7 226:15 228:6 233:10 237:9,13 239:22 241:3 248:12 258:11,13,23,25 259:12,12 260:3 266:14,15 266:15,17 267:20 retained 159:17 202:11 retaining 121:8 retested 117:13 retrieve 103:5 106:24,24 retrieved 166:24 return 118:17 273:19 returned 275:11,13,14 reveal 225:1 review 136:8 256:1 260:20 Revised 237:13 re-sending 253:5,8,10,12 re-sent 253:17,18 Rich 96:11,17 98:3,23 99:7,10,14,16 101:3 161:1 169:9 202:23 218:16 268:20 271:2
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27
272:1,6,12 273:11,15,18 right 124:3 125:22 141:21 152:25 153:10 158:23,24 159:4,11,15 164:6,24 166:11 174:14 182:3,17 184:19 186:9 188:23 197:17 203:24 206:8 215:2 216:18 222:10 232:13 233:6,8 235:22,24 236:17 237:17,23 237:24 238:8,15 240:25 241:13 244:3 250:15 253:9,10 255:8,17,20 256:17 257:19 268:5 rights 159:18,19 Riley 97:11 144:6,10,15,21,24,25 145:3,6,13 145:25 274:10 risks 176:6 Ritter 97:2 99:9 121:12,15 130:24 136:20 139:7 147:11 149:2,22 153:11,20 154:7,23 179:3 184:21 191:2 197:2 201:6,13 202:3 202:14 211:10 212:17 215:20 219:18,23 220:4,14 223:18 230:8 244:18,23 245:3,21 248:17 252:11,13 255:21 257:6 258:3,16,18 261:3 262:6 266:10 267:15 270:19 273:22 274:1 River 161:18 164:21 165:6 road 97:4 152:18 165:7,9 274:3 rock 150:22,22,25 178:2 180:5,7,8 181:13 192:24 197:23 227:2,3,4,9,11,20 228:1,17 229:4 rodents 106:5 room 113:19 RSKSOP 186:17 Rule 274:16 275:10,18 Rules 96:21 run 101:8 114:20,20 142:13 204:24 205:3 running 119:9,16 165:10 runs 165:1 rural 163:13 R61376 169:16 S S 97:1 safe 103:19 117:16 118:24 183:10,11,13,16 183:21 185:3 187:12 189:24 191:1,1,3,8 safety 105:9 sample 98:10,12,17,19 103:12 112:24 113:13 116:24 166:13,20 169:19,23 170:2,9,10,22 171:2,5 179:5 186:9 203:17 204:4,7,11,15
204:18 206:4,14,23 212:11 221:9,11,14 222:8,9 224:8,22 228:4 229:1 254:3,9 255:15 256:9,10,15 262:3 265:24 266:22 sampled 223:22 samples 101:9,9 102:23,25 105:10 110:12,13 112:22 116:11,14 117:4,5,8 167:6 170:1 203:23 204:1,21 205:13,15,17,21,23,24 207:7 212:1 220:24 221:1,1 222:13,15,22 222:24 223:1,2,10 224:7,14 234:14 256:3 263:8 266:23 sampling 101:4,7,20 110:16,20 112:25 113:3 113:8 116:15,18,19,20 117:11,18,19 265:21 265:23 save 142:18 saw 123:22 147:22 149:14 231:5 249:12 250:14,16,23 265:15 269:6 saying 114:9 115:3 122:15 128:9 144:17 156:18,25 227:16 233:18 234:11 235:19 247:1 262:21 268:4 says 128:5,5,6 157:5 161:17 165:8 166:13,19 171:2 173:7 174:5,15 186:4,6,9,14,16,22 203:4 204:7,11,17 206:8 216:10 228:3 237:12,20,20 241:18 243:5 253:4,8 scans 135:3,4 school 117:15 118:25 120:3,10 scientific 193:25 194:1 197:13 261:16 scope 237:20 238:3 239:7 screamed 184:8 seal 272:19 search 109:25 251:12 second 161:13 163:18 165:8 203:10 258:4 269:3 secondary 176:11,19 185:21,23 187:22 212:24 213:3,5,5,9,12,17 second-to-the-last 174:5 section 102:12 173:16,18,25 sedimentation 179:13 see 108:19 109:7 117:13 119:3 126:21 139:16 141:17 143:19 152:20 165:9 166:14,22 179:8 180:14,18 185:2 193:14,15 196:21 199:19 202:25 214:3 217:15,16 222:25 231:3 232:24 234:15,16 237:13 240:21 245:15,17,24 254:5 262:11 269:1 seeing 149:13 152:21,23,23 229:4 seen 153:3 156:4 168:1 179:23 187:16,18
Phone:
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188:14,15 214:19 223:23 245:11 248:23 249:15,17 250:18 269:11 send 104:22 109:6,23 122:23 123:4 133:22,25 134:3,7 170:12 220:24 222:21,22 241:1 258:15,16 sending 265:18 266:21 sense 160:18 210:3 223:7 sensitive 144:18 sent 122:24,24 128:2 170:14,15 203:18 222:24 223:2 253:25 254:8,11 258:18 separate 101:25 232:18 separated 232:2 September 98:21 99:1,2,14 136:12 232:23 258:19 serious 121:24 122:8 seriously 149:14 160:2 served 275:19 server 251:15 service 112:6 Services 225:1 Session 96:13 273:12 set 114:20 168:15 sets 135:25 176:10 setting 110:7 settle 179:12 seven 128:7 severe 195:18 262:14 shaken 175:10 shaker 252:23 shale 96:6 149:21 151:3 173:22 176:24 177:9 177:18 178:5,8 180:25 181:23,25,25 218:2 218:9,11,15 219:4,15,20 220:3,12 227:12,13 227:15 246:16 273:6 275:6 shales 219:19 shape 152:8 153:24 191:4 211:13 236:23 share 118:18 121:20 126:18 127:5,6,7 128:19 shared 270:15 sheer 210:8 sheet 168:16 186:4,5 sheets 186:5 short 141:4 235:12 241:2 242:21,25 243:12 shorthand 96:19,20 273:13 shortly 117:15 130:22 134:14 136:19 210:23 211:1 221:8 short-term 235:19
show 121:3,3 130:21 164:11,13 167:23 203:7 203:12 209:24 225:1,3 240:13 245:9 253:2 256:9 showed 120:20 140:16 246:2 showing 162:9 shown 173:23 226:6 249:4,25 261:1 275:19 shows 225:4,5 235:11 shut 104:5 145:13 Shyla 103:24 118:8,9 sic 173:2,7 188:5 251:17 sick 144:17 191:15 side 214:1 232:3 246:23 247:3,6 side-by-side 223:5,10 235:16 sign 128:8 signature 98:5 271:1 272:3 273:18 275:13 significant 147:23 248:15 significantly 249:24 Silverado 146:17 147:1,5,8 148:21 151:19 154:1,20 155:9 156:7 158:25 159:2,7,12,13 159:21 161:10 177:16 220:2 246:19 silver-looking 231:3 similar 103:18 198:5 220:16 Simons 97:14 simply 251:9 Sims 97:7 98:4 101:3 139:22 147:25 149:17 150:6 153:15,17 154:2,18 155:7 160:20 161:1 168:1 169:9 171:21,23 177:5,6,15,16 179:20 184:23 191:13 197:3,15,16 202:16 202:23 203:12 211:11 212:21 215:23 219:21,25 220:10,18 224:3 230:16 232:25 235:8 237:1,3 238:24 239:1 240:13 244:2,5 244:16,19 245:8,24 247:11,16 248:1,9,22 249:15 250:5 251:1 252:8 253:2 256:11 257:14 258:8 263:3 264:12 266:20 267:22 268:15,20 270:18,21 273:21 274:6 275:15 simultaneously 223:10 single 131:6 236:16 239:20 257:17 singular 260:10 sir 102:10 105:13 107:2 108:9,12 109:9,11 110:21,24,24 111:3,24 112:23 116:13,13 117:5 120:15 123:6,12 124:22,24 125:1 126:2,4 131:21 132:17,25 133:3,6,9,12 134:2,10,23 140:15,20,22,24 141:15 142:1 143:25 144:4,8,11 146:7 148:2 153:1 156:19 158:3,5,16 161:4,7,11,16 163:5
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165:21 166:1,4,9,15,18 172:10,19,21 175:7 176:7 179:22 182:4 183:11,15 184:14 186:15 188:1,9 190:17,21 191:3,24 193:7 194:6 196:11 197:4,4 198:23 199:14,16,19 199:21 201:11 203:6,20 206:13,15 207:13 208:3,17 209:5 211:12 212:8,13,18 213:20 214:22 215:22 216:9 217:4,21 220:5 230:24 231:4,6,8 235:10,13,16 239:16 241:4 242:7 243:6 245:12,14,23 246:1,4,7,10,21 248:7 248:25 249:3,5 250:1,20 261:4 263:7,23 267:14,16 270:17 sit 139:22 146:16 154:3 230:25 site 164:17,19,23,24 165:7,15,18 270:8,13 sitting 126:6 256:2 situation 115:16,22 121:24 122:6 130:19 132:13 152:8,15 233:13 252:24 256:5 257:1 257:3,4,25 260:2,13 261:2 262:9,13,15 263:16 six 200:5 six-month 141:7 size 113:11 sleep 105:25 slick 207:19 slippery 207:20 210:23 211:3 221:25,25 222:5,7 slushies 189:8 sodium 173:15 174:6,17,24 soil 217:23 228:14 sold 159:16 solid 119:3 228:14 236:22 solution 227:6 somebody 112:4 155:17,19,25 157:5 180:21 227:25 255:7 260:15 somebody's 263:18 son 107:18 110:3 112:21 135:25 203:22 204:20 254:8 262:1 263:3,5 268:23 soon 151:19 258:13 264:15 265:7 sooner 212:3 sorry 102:19 107:14 110:10 111:18 125:20 141:22 144:23 155:12,18 158:10 165:3 170:16,24 172:14,24 173:25 174:19 184:24 189:16 191:8 193:15 200:11 205:10 209:2 214:4 215:25 216:4 230:19 232:25 247:18 254:21 sort 126:1 153:7 162:25 187:18 195:20
211:21 230:4 232:10 sorts 131:4 sounds 263:16 source 139:14 148:6 151:4 220:12 sources 149:23,24 150:1 218:3 south 152:18 164:21 165:6,15,16 so-and-so 122:15,16 space 186:17,19 speaking 104:13,14 270:6 special 170:3 specific 105:16 107:9 118:6,12 120:16 123:2 141:24 142:3 143:11 189:16 197:18 209:19 212:18 232:15 specifically 156:10 171:16 191:17 192:5 195:18 209:8 229:10 237:4 250:12 265:6 specificity 207:11 specifics 110:3 spectrometer 238:19 spectrum 214:11,18 218:21 236:14 239:22 240:10 spectrums 214:17 218:21 speculate 151:12 speculation 190:20,21 spigot 245:16 spit 111:14 250:20 spoke 194:9 spoken 104:20 133:1,4,7,10,15 201:5,7,9 270:4,4,5,9 square 142:17 Sralla 96:20 97:3 274:2 stagnant 119:13 stand 225:9 268:1 standard 115:16 176:11 184:1,3 185:17 187:21,22 243:15 standardized 243:15 standards 183:18,23 185:18,20 stands 172:22 start 120:5,9 169:11 263:20 started 127:16 136:19 141:5,6 264:4 starting 117:15 118:25 127:15 starts 158:9 state 96:19 138:8 179:23,24 185:19 193:23 218:13 228:2 243:11 249:11 272:8,23 273:13 stated 96:22 155:5 184:3 190:6 191:9 193:11
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193:21 211:6 226:16 236:6,10,12 241:15 statement 106:6 127:3 155:25 170:21,25 171:4 210:11,13 236:12 238:13 261:4 states 172:18 174:2 217:20 239:5 stating 210:20 stay 103:21,23 121:20 227:2 staying 103:20 Stephen 161:18 stepping 259:24 Stewart 201:8,9 stick 263:18 stimulated 160:18 181:1 219:24 stimulation 217:23 stomachaches 188:2 192:9 stood 129:2 stop 125:11 stopped 123:6 189:17,20,25 190:2,2 247:23 stops 158:9 storage 230:2 231:15 store 107:4 230:4,20 231:16 strange 263:17 strategy 114:24 116:3,6,11 255:19 259:6,8 260:25 261:21,25 262:5 266:7 stream 150:18 151:23 157:1,2 street 97:8,15 124:4 126:10 274:7,22 276:5 strictly 157:15 158:21 strong 128:18 173:22 197:13 strongly 254:2 266:21 strontium 171:15 172:7,10,17 173:8,14,19,20 173:22 174:7,17,24 175:16,24 176:4,8,11,17 177:3,7,11,12,19 178:1,3,8,21 179:8 180:3 180:15 181:13,19 185:14 192:18 193:3 197:24 215:7 229:14 structure 155:16 stuck 207:21 255:8 studied 152:22 studies 177:24 179:23 181:16 188:14,15 study 98:13 stuff 190:5 196:25 styrene 242:13 subdivision 152:19,25 154:1 159:13,14,17 subject 99:8,10,12,14,16 sublation 212:6,8,10 submission 170:2 224:7 submit 129:1,5,11,13,20,24 130:6 132:10
169:3 198:18 submitted 102:6 109:5 115:9 123:8 168:21 169:1 173:16,17 205:18 214:24 221:4,9,15 222:13 273:17 subpoena 109:10 168:19 subscribed 272:16 substance 203:8 207:18,20 209:15,23 subsurface 160:18 succinct 195:12 suggestion 103:25 189:23 Suite 96:21 97:3,8,12,15 274:2,7,11,22 276:5 sulfates 167:22 170:4 197:25 208:18 209:13 209:16,18,19 sulfite 170:4 174:18 sulfites 210:6 sulfur 208:15,17 sulfurs 208:18 summary 98:14 138:24 186:14 summer 189:7,12 190:11 summertime 119:11 sunset 256:1 260:20 super 228:9 supplied 153:3 supply 246:6 support 141:9 143:6 156:24 208:9 220:8 supported 183:22 198:19 supporting 199:5 229:3 supports 156:5 173:18 187:17 193:14 229:17 supposed 164:13,13 224:23 233:19 sur 181:18 sure 102:7 109:16 117:13 125:4 126:16 136:12,17 137:22 146:9 157:10 171:10 181:21 191:16 192:11 202:5 203:21 209:1 210:17 212:19 224:16,18 242:9 244:21 247:13 surface 158:24 159:15 181:5,8,19,20 219:4 219:14 220:11 227:10 surfactant 102:15 179:15 207:12,15 210:25 224:13 surfactants 98:9,11,16 102:22 198:12 204:24 205:13 207:10,17 208:12,13 210:11 213:1 229:15 surviving 263:1 sway 149:4 152:7 swayed 149:11,13
Phone:
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31
swing 125:16 sworn 96:18 273:15 swung 124:2 syndrome 192:8 system 215:17
257:22 262:13,25 263:7 268:22 269:18 technology 142:13 telephone 265:11 tell 105:20 106:10 115:7,14 118:20 122:16 123:18 125:21 134:14 136:13 137:4 139:11 146:21 151:6,10 162:21,23 171:23 181:25 T 183:24 195:16 202:3 208:5 210:24 214:9,16 T 97:2 273:22 274:1 229:9 233:18 254:18 259:5 265:1,3,5 tab 161:12,13 186:1 237:8 telling 172:3 table 174:15 237:8 tendency 104:6 180:22 227:4 take 101:12 106:20 110:13 116:11,11 130:13 tentatively 235:24 236:1,7 237:6,16,25 239:3 152:5 160:20 179:20 199:13,17,19 202:16 239:25 204:1 205:14,22 214:15 241:2 242:16 term 119:5 213:14 235:12 241:2,3,12,16,21 243:23 254:3,9 256:8,15 266:22,22 267:7 242:4,7,16,21,25 243:1,2 268:15,23 terminology 156:2 taken 96:18 108:11 116:14,20 117:4 167:7 test 98:9,11,16,18 101:21,22,23 103:11 105:2 206:4 222:15 245:13 273:24 274:14 107:11,12,14,18,21,24,24 108:1,8 114:17 takes 105:5,5,6 165:7 116:22 121:2,2,21 122:10,13,18 123:17,17 talk 126:5 130:23 142:2 146:13 153:1,6 194:7 126:12,14,15,15,16,18,24 127:7,15,18,19,22 194:11 195:6 201:8 253:21 127:24 128:10,10,12 129:2,23,25 130:1 talked 118:25 121:14 129:10 132:18,23 131:7 139:20,20,21 153:3,4,5,8,13,24 141:16 194:5,18 200:18,25 217:14 246:3 161:15,23,25 170:13,22 171:9 174:6,23 259:4 264:1 266:6 269:23 270:3 185:10,10,24 186:1,13,18,19,20 192:11 talking 121:19 136:22 137:19 143:8 146:10 201:18 202:10,15,24 203:8 207:9,16 208:1 146:14 148:15 149:5,11 154:8 157:20 208:3,6 209:3,7,11,15,23 211:21 212:16 159:20 160:5 173:24 175:23,23 181:4 215:21 218:24 219:1 220:18 223:20,23 195:25 219:9,11,12 229:10 247:4 250:6 224:1 225:20 235:25 236:21,23,25 256:14 256:14 262:18 269:25 258:23,25 266:16 talks 251:21 tested 122:25 172:6 177:21 178:12 185:9 tall 157:1 188:18 192:13 195:10 205:14 218:17 tank 167:7 206:11 207:2 230:9,22,23 221:24 225:8,14 243:24 248:19,21 tanks 230:4 testified 205:12 250:17 Tarrant 178:20 testimony 154:2 156:20 165:14 220:23 Tashima 100:5 194:13,14,15,19,24 195:4,6 273:16,23 198:2,10,21 199:17,25 200:1 testing 98:24 99:17 103:10 117:21,22,22 task 129:4 122:21 124:1,19 126:1 131:19 134:12 Taylor 96:20 97:3 274:2 137:24 139:3,16 146:24 153:19,22 170:11 TCEQ 161:2,6,9 236:6,24 241:15,18 242:22 171:24 176:24 178:4,7,18 191:25 196:3,8 242:24 243:18 255:22,23,24 256:9,20,25,25 196:10,13 197:17,18,19,20 206:2,2 212:7 257:10,10,15 259:12,13,15,18,22 260:5,12 218:7,14 220:24 234:19 235:12 237:12 260:20,22,24 270:10 241:16 247:22 257:17 264:14 268:10 Teal 96:4 137:20,21,21 138:9 140:8,19,23 tests 101:8 102:14,15 126:21 130:2 138:12,13 147:9 151:4 164:18 165:19 273:4 275:4 175:20 177:10 208:9,10 221:20 tech 107:14 261:20,25 266:22,23 Texas 96:6,9,9,19,21,21 97:4,9,12,16 98:24 technician 103:8 136:4,4 204:23 221:10 141:13 142:12,16,19 143:21,23 144:2 Merit Court Reporters depos@merittexas.com
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161:19 163:1 195:2 247:1,5 260:5 273:6,9,9 273:13 274:3,8,11,22 275:6,9,9 276:5 Thank 204:10 239:9 270:19,21 thanked 211:6 therefor 275:13 thermogenic 218:10,18 thing 105:3 106:22 110:6 111:6 114:18 123:12 131:8 157:7 226:10 235:17 255:1 things 120:22 123:1 145:22 175:5 179:23 215:1 226:8 231:3 235:23 think 102:4 120:18 122:2,5,7,19 123:2,12,24 123:25 125:14 130:23 131:3,4,13,13,14 136:7 137:1 140:7 144:11 145:5,10,10,17 145:17 148:5 149:4 152:7 154:17,18 156:16 174:4 189:19 200:12 211:8 213:14 216:11 216:14 230:11 233:12 249:23 265:13 266:11 thinking 254:14 third 162:24 186:12 200:24 thought 125:10 142:4 221:21 thousand 127:12 166:3 thousands 150:15 158:2,4,18,21 threaten 134:20 three 123:2 194:22,22 223:25 256:2 thumb 109:6 196:12 thumbprint 196:2,7,12 Thursday 194:10 tight 130:14 time 103:9 104:21 105:10 112:14,18,19 113:1 113:20,21 115:19 117:17,19 118:9,19 120:1 120:2,2,5,12 123:14,19,22 124:2 126:16 128:4,8 129:18,24 131:9,11 135:8 136:15 137:2 140:16 141:2,5,7 142:12,19 146:2,4 150:24 154:4 163:10 179:7 193:12,20,22 196:25 197:5 200:2,18 201:9 202:9,13 205:22 211:14,15,20,23 218:18 221:13 222:6,10,10 223:25 243:17,21,24 249:12 250:3,23 253:17 257:25 258:4 262:21 263:14 264:24 268:9 269:3,4 273:20,23 timely 211:18 times 104:25 105:1 122:6 128:25 130:2 132:2 132:3 135:7 195:10 218:4 223:1 243:13 261:7 269:3,11 time-one 243:13 time-two 243:13
time-weighted 179:8 timing 140:9,10,25 titles 145:9 today 99:10 109:5 139:22 146:16 154:3 162:9 166:7 168:7,18 201:1 214:24 241:6 242:17 242:19 243:5 251:8 269:23 270:4 told 101:3 106:20 119:3 121:5 123:11 129:6 130:10 132:19 137:23 138:23,25 139:1 141:4 144:9,12,12,14,19,20 145:1,2 147:1 154:4 155:15,21,25 156:6 167:7 171:11 184:2,12,17 189:10,17 201:1 202:5 203:22 206:17 208:8 211:24 222:16,16 229:7,11 242:6,10 257:2 259:14 261:6 265:6,15 266:5 268:21 269:22 270:2 tolu 197:25 toluene 172:11 185:6 196:22 tomorrow 261:21 top 110:18 111:23 125:23 182:17 188:24 206:10 213:25 216:10,12 219:19 225:22 242:2 245:16 250:11,12 254:21,24 263:9 267:16 268:5,12 total 158:16 226:13 232:15 totaling 167:5 town 131:14 265:19 Toxic 172:23,24 toxicology 173:1 TO-14 236:4,5 238:15,18 TO-15 238:15,18 trachea 263:20 transcript 273:15,17 275:17 TRCP 274:16 275:10 tremendously 188:2 trouble 173:9 174:9 Troy 97:7 274:6 true 172:16 204:14 238:16 252:3 266:8,11 272:3 273:16 try 124:4 190:14 192:1 233:17,17 trying 109:4 112:20 146:20 tube 262:12 tubes 263:20 turbine 142:14 143:4 turn 114:5 131:7,12 165:7 222:21 254:12 268:9 turned 205:21 255:1,9 263:6,9 264:5,6,6,8 turning 262:25
Phone:
817-336-3042
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33
twen 127:12 Twenty 108:6 two 101:21,22 105:5,7,11,22 109:12,13 127:12,25 134:19 151:11,14,15 152:21 153:1 163:17 165:2,5 192:3 194:10,20 200:10 201:19 226:8 231:23 254:8 256:2 259:5 266:24 269:13 two-month 222:2 two-week 130:4 type 126:8 129:17 130:16 179:16 211:4 232:5 241:16,20 U U 225:9,11 un 228:11,11 uncomfortable 249:10 uncontrollably 155:13,24 underground 217:24 underneath 147:14 159:4 160:3 192:25 228:11 229:4 understand 132:3,11,13 137:22 165:14 169:22 171:25 209:1 247:4 265:7 understanding 119:19 154:14,25 165:17 189:14 190:22 259:23 260:3 264:16 understood 136:24 211:5 undetect 228:24 unfortunately 152:13 unique 158:25 UNIT 96:4,5 273:4,5 275:4,5 United 172:18 174:2 217:20 unrefined 137:10,25 138:18 143:3 unusual 192:8 uploaded 136:7 161:25 162:11 166:23,23 168:13,18 224:24 uploads 135:4 136:2,3,6 upset 121:6 upsetting 171:19 urging 131:7 use 109:18 119:5 189:8 215:19 221:7 222:12 223:13 229:20 230:5,11 247:21 useable 143:6 usually 187:23 usurp 259:18 util 142:16 U's 228:22,23,23
V valid 153:18 variable 224:5 232:4 242:14 variation 223:6 267:19 vehicles 155:3 verbal 129:17 verbally 138:23 verify 225:24 verifying 201:22 versus 193:21 verticals 149:7 180:23 veterinarian 191:23 vials 170:10 video 109:3 112:19,19 268:20,21,25 269:14 269:15,16,17,18,19 VIDEOGRAPHER 97:14 101:1 160:22,24 202:19,21 258:5 268:16,18 270:20,22 VIDEOTAPED 96:10 video@merittexas.com 97:17 VINSON 97:11 274:10 VOC 167:11,14 VOCs 106:2,18 167:21 170:3,5,7 191:6 205:25 229:13 voicemail 132:14 vol 98:2 273:21,22 volatile 107:23 119:13 192:4,21 196:20 volume 96:13,17 138:5,15 147:17,19,22 149:12 152:9 157:16 160:3,4,6 188:16 195:21,21,24 207:19 271:2 272:2 273:12 vomit 192:2 vomiting 188:5,10 190:5,7 191:20 192:6 W W 97:15 wa 189:18 wait 162:19 192:10 Waiting 258:10 want 101:12 104:15 113:19,20,20,21 114:17 128:23 129:13 130:6 152:5 179:11 183:4 185:1 217:4,15 228:17 234:18 wanted 110:13 117:13,15 119:3,14 120:4 129:15,16 130:8 131:2 162:22 182:7 195:8 223:15 258:4 264:24 266:12 wanting 105:14 128:25 wants 179:15,16,17 228:17
Phone:
817-336-3042
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warned 252:13 warranted 122:7,9 wash 143:6 washing 143:6 wasn't 103:24 105:24 107:5,6 112:21 113:5 113:10 119:6 142:7 143:16 144:15,16,16 148:20 233:12 239:2 266:8 water 96:8 98:9,11,16,18,21 101:4,7,20 102:22,25 103:11 108:3,4,4,5 110:10,11,22 111:4,8,11,13,17 112:1,2,12,13,17,21 114:19,20 116:19,20,24 117:3,17,22 118:2,3 120:23 122:22 123:4,24 125:8,9,21 137:7 137:25 138:4,12,15,20 139:24 140:6,10 142:22 143:5 146:5,6,11,14,17 147:1,10,15 148:1,4,12,15,17,23 149:19 150:9,19 151:5 151:14,18,21 152:13,24 153:9,25 154:4,5,10 154:12,19,24 161:14,19 166:13,19 167:6 173:15 174:1,16 176:17 177:7 179:5 180:1 182:25 183:10,13,16,18,23,25 184:7,11,25 185:10,21,22,24 186:8,9 187:2,13,20,22,23 187:24 188:7,19,23 189:4,9,11,13,15,18,21 189:24 190:12,25 191:5,14,19 192:11,13 193:4,9,13 195:18 196:10 197:19,20 203:9 203:15,17,17 204:1,7,20 205:13 206:2,2,8 206:20 207:7,19,25 208:2,4,7,14,16 209:14 210:10,23 211:4 212:14,25 213:7,18 215:5 215:15,16,19 216:5 217:9,16,17,19,25 218:8 220:19 221:24 222:3,22,24 223:22 225:17 225:18,19 226:22 227:5 228:18 229:18 245:15,18,22 246:5,9,18,22 247:19,20 248:3 248:4,13,14 249:18,19,23,24 250:7,15,18,20 250:24 255:3 259:22 260:2,7 262:2 263:8 264:14 266:17,22 273:8 275:8 way 120:14 124:5 125:16 134:20 135:17,17 138:9 139:10 140:25 143:2 152:8 153:23 178:5 180:24 191:4 211:13 217:5 218:16 221:11 227:16 228:23 236:23 243:25 247:9 254:15,19 ways 186:7 255:10 Weatherford 98:24 161:18 web 135:23,24,24 website 135:18,19 week 118:20 194:9 265:19 weeks 105:5,7,11 127:25 134:19 194:10 223:25 259:5
wellhead 110:9,12 111:12,21 112:1 155:18 206:18 254:4 255:3,4 256:16 267:6 wells 96:8 137:16,17 138:1,6 139:4,9,17,17 145:12 146:14,17 147:1,7,9,10 148:13,16,17 148:18,21,22,22,23 149:5,6,9,19 150:3,7,9 151:4,11,18 152:24 153:9,13 164:18 165:19 174:1,15 177:17 207:25 218:9 220:1 246:12 246:22 247:18 273:8 275:8 went 107:4 110:20 124:19 139:4 140:11 141:3,8 146:12 163:11 203:22 221:10 224:7 266:24 267:1 weren't 142:5,7 155:20 204:21 265:1 west 142:12,15,19 165:12 246:23 247:1,3,5,6 274:22 276:5 Western 96:20 97:3 274:2 we'll 146:13 267:6,7 we're 108:22 109:3 114:16 181:16 we've 104:10 119:25 137:1 201:17 245:4 whichever 137:17 white 163:24 165:2 wide 119:2,15 wife 118:10 win 119:11 wind 191:12 262:22 windows 119:9,16,23 wings 119:5 wintertime 119:12 Wise 178:19 wish 197:4 witness 96:17 169:7 202:18 244:25 245:5 270:18 271:2 273:15,16,18 Wolf 98:21 109:20 110:1 161:19 wonderful 252:12 words 261:23 work 103:2 109:14 123:8 126:10,11 131:23 135:2 136:4 142:24 143:17 145:22 146:23 161:9 200:3,8 worked 132:12 working 105:6 114:6 136:3,19 worry 135:10 267:7 worth 96:21 97:4,9,16 122:14 256:17,24 257:2 274:3,8,22 276:5 worthwhile 151:17 wouldn't 136:11 144:22 153:19 170:15 179:24 182:9 184:12 188:1 190:20 207:3
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223:20 224:1 225:6 251:10 263:14 267:11 267:13,17,18,19 write 113:12,15 114:12,23 243:10 writing 114:13 236:6 written 134:4 162:16 wrong 130:19 132:1 159:7 198:15,15 207:6
Phone:
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273:18 274:18 19-year-old 262:1,24 263:3,5 1940 218:12,14 198 100:4 1995 246:19 2 2 96:13,17 98:2 99:1 100:4 157:2 232:23 271:2 272:2 273:12,21,22 2,000 165:24,25 2,240 197:7 2:43 160:22,23 20 99:7 108:5 113:4 203:1,4,5 250:25 251:1 254:16 261:1 267:7 200 96:21 97:3 274:2 2009 140:13,14 154:17 155:3 2010 98:10,12,13,17,19,21,23 99:1,2,7,9,12 99:14 101:5 103:1,13,17 104:8,9 105:11,17 105:18 107:8,9,12,19,22 108:8 110:5 120:17 123:14 124:15,18 125:19 127:9,25 132:19 136:14 137:8,8 161:19 163:11 166:14 171:3 186:10 200:23 203:1,5,9,18 204:2,7,13,16 205:7,14,15 206:5 207:6 232:23 252:1 257:16 258:19 2011 96:12,18 99:16 271:3 273:11,18,19 274:18 203 98:11 274:16 275:10 203.3 275:18 21 99:9 252:7,9 22 99:12 253:1,3,22,23 23 99:14 258:7,8 234 216:1,23 217:2 235 98:13 24 99:16 243:17 264:11,12 24th 118:3 124:18,19 127:9,12 24-hour 103:4 107:24 242:20,22,23 240 98:14 244 98:16,18 245 98:20 247 98:21,23 248 99:1,2 249 99:4 25 150:2 263:13 250 99:6 251 99:7
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Phone:
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Fax:
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37
5:22 258:5 5:22:36 258:6 5:22:38 258:6 5:34 268:16,17 5:38 268:17,18 5:41 96:18 270:22 512-542-8400 97:13 274:12 52 273:21 6 6 122:1 194:25 264:1,3 6-liter 170:14,17 60 130:1 183:5 6000 96:20 97:3 274:2 66 228:10 685 226:14,17,19 7 7 98:9 99:16 167:24,25 168:9 171:7,25 7B-0268629 96:1 273:1 275:1 7th 97:15 274:22 276:5 7,810 187:8 191:14 7.5 243:6 7.8 190:24 70 236:17,19,20 239:14,17,19,24 72 243:17 76087 161:19 76102 97:9,16 274:8,22 276:5 76107 97:4 274:3 777 97:8 274:7 7800 191:17 787746-7568 97:12 274:11 8 8 98:11 131:15 132:1,2,15 203:11,13 244:12 245:1,3 8-year-old 262:21 8/10 102:19 800 146:5,9 817-332-25780 97:5 274:4 817-335-1203 97:17 817-336-3042 97:16 817-870-8700 97:9 274:8 817/335-1203 274:23 276:6 817/336-3042 274:23 276:6
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Phone:
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Fax:
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Alisa L Rich - Deposition Dated January 18 2011.

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Alisa L Rich - Deposition Dated January 18 2011.

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Job No.

9626 Commission Called Hearing

Alisa Rich January 18, 2011 1 (Pages 96 to 99)

248 248 249

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Job No. 9626 Commission Called Hearing

Alisa Rich January 18, 2011 2 (Pages 100 to 103)

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Alisa Rich January 18, 2011 3 (Pages 104 to 107)

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Alisa Rich January 18, 2011 4 (Pages 108 to 111)

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Alisa Rich January 18, 2011 5 (Pages 112 to 115)

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Alisa Rich January 18, 2011 6 (Pages 116 to 119)

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Alisa Rich January 18, 2011 7 (Pages 120 to 123)

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Alisa Rich January 18, 2011 8 (Pages 124 to 127)

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Alisa Rich January 18, 2011 9 (Pages 128 to 131)

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Alisa Rich January 18, 2011 10 (Pages 132 to 135)

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Alisa Rich January 18, 2011 11 (Pages 136 to 139)

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Alisa Rich January 18, 2011 12 (Pages 140 to 143)

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Alisa Rich January 18, 2011 13 (Pages 144 to 147)

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Alisa Rich January 18, 2011 14 (Pages 148 to 151)

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Alisa Rich January 18, 2011 15 (Pages 152 to 155)

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Alisa Rich January 18, 2011 16 (Pages 156 to 159)

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Alisa Rich January 18, 2011 17 (Pages 160 to 163)

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Alisa Rich January 18, 2011 18 (Pages 164 to 167)

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Alisa Rich January 18, 2011 19 (Pages 168 to 171)

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Alisa Rich January 18, 2011 20 (Pages 172 to 175)

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Alisa Rich January 18, 2011 21 (Pages 176 to 179)