DEPOSITION SUMMARY PARKER, et al. v. MOBILE GAS, et al. DEPOSITION OF: MARK MILLER, VOL. 1 DATE TAKEN: January 17, 2013 JPC FILE NO. 0782/01478 PAGE Q/A TESTIMONY 237 Q In 2004 – 238 Q 2004. January 5, ’04, the tank had 66 inches. Q December 27 ‘04, it had 47 inches. JB That’s about a what, 19-inch change over a year? [19 X 5 = 95 gallons X 6.7 = 636.5 pounds]. Q And if any was added, somebody should have written it down on that form, right? Should have. …If the form doesn’t reflect that any was added, then the difference in 66 and 47 between January 5th and December 27 was approximately how much was used in that year? 240 A Q 241 242 A Okay. I would probably agree with that. There was not much odorant passed through 2004. Q And I think if you look at 2005, you’ll find that over the year it went down from 48 inches to 37 inches, or 10 inches over a year [10 x 5 = 50 gallons X 6.7 = 335 pounds] with nothing added? Q A …When they go out there to do an odorant – when they go out there to do an odorant inspection. Monday usage readings. 245 Q And they’re supposed to write down in a form when they add odorant? 246 Q But it is a business record of Mobile Gas that is supposed to be accurate?... 244 247 248 249 250 A I guess. Q Look at 2008… Q A …On January the 7th, there was 42 inches [or 210 gallons or 1,407 pounds] or percent, in the day tank. Yes, sir. Q …And then on the 21st, which had been 14 days later. Q A Q A The odorant found was ZERO, right? Right. …And the tech’s comments, FOUND EMPTY, added 40, right? Right. Q A Q A …42 inches, that would be about 210 gallons, right? …yes. …210 gallons would be – times 6.7 would be the number of pounds, right? Right. JPC 1300 [pounds]. Q …your pounds injected count…January 7th was 543.9. Q On January 21st it was 625.6? Q A Q If you subtract 543 from 626, that’s about 82 pounds, right? Okay. SO WHERE IS THE OTHER 1200 OR SO POUNDS OF ODORANT? …There was sometimes issues with reading the day tank from employee to employee…you would need to climb up the tank to get a good eye level. We had employees from heights of five-foot-three to five-foot-four to six-foot. So I think we have some – some inaccuracies in our tank readings. A 251 Q A Q A But you definitely didn’t inject 12 – 1400 pounds in two weeks, did you? I wouldn’t think so. Okay. So if the tank did go – if this form is right, and the tank went down 40 inches, YOU’VE GOT 1200 POUNDS OF UNACCOUNTED FOR MERCAPTAN? YEAH… Q A That’s what the form says? Yes. 2 253 255 Q …January 7th and January 21st are… Q A Do any – do any of those men have any sort of physical disability that would prevent them from correctly recording this data? Not that I’m aware of. Q A On February 18th the tank level was 28? Okay. Q February 25 shows odorant found, ZERO. Odorant left, 65. Do you see that? Right. …Does that mean they added 65 inches? It appears some – some could have been added. A Q A 256 258 259 A Q A …From the 18th to the 25th is seven days. So if you went from a tank ranking of 28 to a tank reading of ZERO, that means you – your tank lost 140 gallons, right? If that was the reading, yes. Okay. And you multiply that by 6.7 to get the pounds, right? Right. JB JPC 140 times – 6.7. JPC NINE HUNDRED THIRTY-EIGHT. Q A Q …And then according to your stroke count, it went from 710 to 734, right? Right. So that’s 24 pounds in round numbers? Q …YOU HAVE ABOUT 900 POUNDS UNACCOUNTED FOR ODORANT, RIGHT? JB February 18th, 2009 to February 25th, 2008. A It’s what the form says. Q …March 31st, ’08…the odorant level was 48 [or 240 gallons or 1,608 pounds], right? …that’s what the report says. Okay. And then on April the 7th, which is a week later, it says added 400 gallons… Yes, sir. …And it also says odorant found, ZERO? That’s what it says. Q A Q A Q A 3 260 Q A Q A Q A Q A Q 261 A Q …the mercaptan day tank, an inch is about 5 gallons, right? Right. …if you divide 5 inches per gallon into 400 gallons, you get 80 inches, right? Right. …And this says the odorant left was 76 inches, right? On April 7th. …And the odorant found was ZERO? That’s what it says. …on March 31st the Whistler day tank had 48 inches of odorant. And when they came back a week later it was ZERO. And they added 400 gallons to bring it back up from zero to 76? …It does state that they added 400 gallons. …if there was odorant already in the tank – Q -- and they added 400 gallons of odorant, then the tank level would be higher than 76. Mathematically, if you add 400 pounds…you’re going to bring your tank up from zero to 76. Q Gallons. JPC JB How big is the tank? 500 gallons? 500 gallons. 262 Q A It would be hard to miss that it was empty? I don’t know that. 264 Q A …March 31st, 48. On April 7, ZERO. GALLONS THAT WAS LOST? OKAY. Q A Q …And 240 times 6.7 is what? THAT’S 1600 POUNDS OF ODORANT. …Now, what does your stroke count say? A Q A It looks like 892.6. …YOUR COUNTER SHOWS 20 POUNDS INJECTED, BUT THE TANK LEVEL INDICATES THAT 1600 POUNDS WERE LOST, RIGHT? RIGHT. Q A Q A …April 7th…400 gallons was added, correct? Yes, sir. …next week, April 14th, the level…had fallen from 76 to 54… Right. 265 266 4 THAT’S ABOUT 240 267 Q A Q A 268 269 Q A Q A Q …April 22, it says we added 250 gallons? Right. Which brought the tank level up to 82?... Right. …between April 7th when it was at 76, and April 21st when it was at 30, that would have been a 46 inch drop, which would be a 230-gallon drop, which would be A 1541 POUND DROP? Q …TWO WEEK PERIOD. Q A The level goes from 76 to 30. Okay. A Q Right. …46 inches? Q A Q 5 gallons an inch, 230 gallons, or 1541 pounds? …yeah. …your stroke count on April 7th was 929.17. April 21st it was 892.2….SO THE POUNDS INJECTED READING WAS 36.57? Q …SO THAT MEANS YOU’VE GOT 1500 POUNDS UNACCOUNTED FOR, CORRECT? ON PAPER. …SO THE COMPANY, KNOWING…THE TANK LEVEL…DROPPING THAT MUCH, AND THE INJECTOR COUNT BEING THAT DIFFERENT, THAT THEY HAD A PROBLEM, RIGHT? A Q 270 Q A Q A Q A Q 271 …April 21st…it had fallen to 30 inches [or 150 gallons or 1,005 pounds], right? Right…It looks like we installed a new controller. …And the controller is the thing that does the stroke counts, right? Right. A SO THEY INSTALLED A NEW COUNTER, RIGHT? …YES, A NEW CONTROLLER, IT LOOKS LIKE, WAS INSTALLED ON THE 21ST. …Were you involved in this?... I’m sure I was not directly involved with this. Did anybody report to you that this tank level keeps going down to zero? Not that I recall. SHOULD IT HAVE BEEN REPORTED TO YOU AS THE MANAGER OF THE MEASUREMENT DEPARTMENT? …IF THERE WAS AN ISSUE, YEAH…. 5 273 274 Q A Q A Q …Now, on April 22nd, it says they added 250 gallons, right? Yeah…. …that would be about 50 inches of gas – of mercaptan? Right? So if you started out at 30, and you added 50 inches, you would have 82. Q …FROM APRIL 22, IT GRADUALLY FELL FROM 82 ON APRIL 22 DOWN TO 43 ON JUNE THE 9TH. Q A Q A …June the 16th…the day that the leak or release was discovered? Right. …was the tank empty on June the 16th? I didn’t take a reading… Q …Have you seen Mr. Gardner’s memo? NW …Bill Gardner’s June 16, 2008 file memorandum. Q If it was 43 inches on June the 9th – Q …IF ON JUNE THE 16TH IT WAS ZERO – Q THEN THE MEANS YOU WOULD HAVE LOST 40 INCHES APPROXIMATELY? Q AT 5 GALLONS AN INCH OR 200 GALLONS, RIGHT? JPC TIMES 6.7? Q …according to this form, you had 82 inches on April 22 – okay? Q …after you put the new controller, you reset all your counters and what was the stroke count?...23.015? Q Look at April 28th. Q …And on June the 9th you’ve got what? A Q A Q We have 178.5. …So that would be, according to this record, 155 pounds injected? Somewhere near that. With your new counter and your new controller, or injector, whatever that thing is called? Yes. 275 276 277 281 282 A 6 283 284 285 Q But according to the tank level over that period of time, you would have used a lot more mercaptan than 155 pounds, right? JPC 1400 POUNDS. JPC They only used 155. SO THAT WOULD BE 1,245 WAS MISSING. Q …So just to recap a little…THERE WERE FOUR TIMES IN 2008, ACCORDING TO YOUR RECORDS, WHEN THE DAY TANK WAS EMPTY, RIGHT? According to – APRIL 21, FEBRUARY 25TH, APRIL 7, AND JUNE 16. IT HAD A ZERO READING. A Q A JPC/mj 2/1/13 7