Page 1 WE ST V IR GI NI A AI R QU AL IT Y BO AR D CH AR LE ST ON , WE ST V IR GI NI A * * * * * * * * * OHIO VALLEY JOBS ALLIANCE, * Appellant * vs . * WILLIAM F . DURHAM, * DIRECTOR, DIVISION OF AIR * QUALITY, WEST VIRGINIA * DEPARTMENT OF ENVIRONMENTAL* Appeal No . 1 5- 0 1-AQB PROTECTION, * Appellee * and * MOUNDSVILLE POWER, LLC , * Intervenor * * * * * * * * * DEPOSITION OF 1 JAMES THOMAS 2 February 1 1 , 2 0 1 6 3 4 Any reproduction of this transcript 5 is prohibited without authorization 6 by the certifying agency. 7 8 9 1 0 1 1 12 1 3 14 1 5 1 6 1 7 18 1 9 2 0 2 1 2 2 2 3 2 4 Veritext Legal Solutions www.veritext.com 888-391-3376 Page 2 1 DEPOSITION 2 OF 3 JAMES THOMAS, taken on behalf of the Appellant herein, 4 pursuant to the Rules of Civil Procedure, taken before 5 me, the undersigned, Wendy Blair, a Court Reporter and 6 Notary Public in and for the State of West Virginia, at 7 the offices of Dinsmore & Shohl, LLP, 900 Lee Street, 8 Suite 600, Kanawha Conference Room, Charleston, West 9 Virginia, on Thursday, February 11, 2016 beginning at 10 1:02 p.m. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Veritext Legal Solutions www.veritext.com 888-391-3376 Page 3 A P P E A R A N C E S 1 2 3 JOHN F . STOCK, ESQUIRE 4 ORLA E . COLLIER, ESQUIRE 5 Benesch, Freidlander , Coplan & Aronoff , LLP 6 4 1 South High Street, Suite 2 6 0 0 7 Columbus, OH 4 32 1 5 8 COUNSELS FOR APPELLANT 9 1 0 JASON WANDLING, ESQUIRE 1 1 1 4 1 1 State Route 2 5 , Spur #2 0 0 12 Nitro, WV 2 5 1 4 3 1 3 COUNSEL FOR APPELLEE 14 1 5 DAVID L . YAUSSY, ESQUIRE Spilman, Thomas & Battle, PLLC 1 6 1 7 Spilman Center 1 8 3 0 0 Kanawha Boulevard, East 1 9 2 0 P . O . Box 2 7 3 2 1 Charleston, WV 2 5 32 1 2 2 COUNSEL FOR INTERVENOR 2 3 2 4 Veritext Legal Solutions 888-391-3376 Page 4 I N D E X 1 2 3 WITNESS: JAMES THOMAS 4 EXAMINATION 5 By Attorney Yaussy 7 - 39 6 7 EXAMINATION By Attorney Wandling 40 - 49 8 50 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Veritext Legal Solutions www.veritext.com 888-391-3376 Page 5 EXHIBIT PAGE 1 2 PAGE 3 4 NUMBER DESCRIPTION IDENTIFIED 5 NONE OFFERED 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Veritext Legal Solutions www.veritext.com 888-391-3376 Page 6 OBJECTION PAGE 1 2 3 ATTORNEY 4 Stock PAGE 24, 38, 38, 48 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Veritext Legal Solutions www.veritext.com 888-391-3376 Page 7 P R O C E E D I N G S 1 2 3 JAMES THOMAS, HAVING FIRST BEEN DULY SWORN, TESTIFIED AS 4 FOLLOWS: 5 6 EXAMINATION 7 BY ATTORNEY YAUSSY: 8 Q. Mr. Thomas, my name is Dave Yaussy and I'll be 9 taking your deposition today. Let's go over a few things 10 first. I'll be asking you questions, you'll be providing 11 me answers. To the extent you don't understand one of my 12 questions, ask me to repeat it and I'll be happy to do 13 that. We'll try not to talk over top of one another 14 because this lady has trouble writing down if we're 15 talking at the same time. You can take a break any time 16 you want, just we'll finish whatever question or topic 17 we're on and you can take a break. Is that all right 18 with you? 19 A. Yep. 20 Q. Would you please state you name for the record? 21 A. James Earl Thomas. 22 Q. Mr. Thomas, by whom are you employed? 23 A. Retired. 24 Q. You're a former coal miner? Veritext Legal Solutions www.veritext.com 888-391-3376 Page 8 1 A. Yes, I am. 2 Q. Did you retire from the mines? 3 A. Yes, I have. 4 Q. Are you presently associated with the Ohio 5 Valley Jobs Alliance? 6 A. Yes, I am. 7 Q. And you're aware that you're here to testify 8 about your association with them here today? 9 A. Yes. 10 Q. And the OVJA's appeal of a permit that was 11 issued to Moundsville Power? 12 A. Yes. 13 Q. What is your position with the OVJA? 14 A. Secretary treasurer. 15 Q. What was the OVJA formed to do? 16 A. Do you want to know how it started or ---? 17 Q. That'll be fine, sure. What ---. 18 A. A bunch of retired coal miners started eating 19 breakfast every Thursday morning at a restaurant. We'd go 20 in there and a bunch of --- probably 12 of us go in there. 21 Well, it finally got to a point where we went once a month 22 at the same restaurant in a big room twice the size of 23 this, we had more people come in there. And you have your 24 wives and we'd go in there to discuss Veritext Legal Solutions www.veritext.com 888-391-3376 Page 9 1 different things, kind of like a get-together. And we'd 2 bring people in. We might bring the sherif to come in 3 one time to talk. It was called the Marshall County 4 Citizens for a Better Government. It wasn't nothing 5 legal, wasn't --- it was a bunch of people in there. It 6 was wanting to find out what's going on in the County. And like I said, we had the County 7 8 Commissioner, we had the County Assessor, we had 9 different people. So anyhow then when this power plant 10 decided to come in and do away with some coal mine jobs 11 and the way they was going about it with tax breaks and 12 stuff, we thought we'd like to do something to let 13 people know what's going on. And that's how it formed, a 14 bunch of us got there at a meeting and we decided we'd 15 like to form some kind of association so we could tell 16 people. 17 Q. Who funds the Alliance? 18 A. Really I've done most of it. I've got a bunch of 19 stuff started. We got some different corporations or 20 companies, you know, we got some places in Marshall County 21 that said if they need assistance and stuff like that 22 they'd help us. But really not --- as far as being funded, 23 nobody's really fund us. They never really come out and 24 gave us --- no one's ever gave me any money. Veritext Legal Solutions www.veritext.com 888-391-3376 Page 10 1 Q. Has Murray Energy provided you money? 2 A. Murray Energy is doing --- we went to them and 3 they are helping us on some of the legal work, Murray 4 Energy is. 5 6 Q. Helping on the legal work, meaning they're providing the attorney for you? 7 A. Yeah, on this here. 8 Q. On this particular appeal? 9 A. Yes. 10 Q. For anything else? 11 A. No. 12 Q. And how about Bob Murray? 13 A. I don't know him. 14 Q. But do you know whether he's providing any help? 15 A. I don't know. I don't know. 16 Q. Any other corporations? 17 A. We got a few businesses. I never got no money 18 from him, but they said if I need them they'd help me. 19 Because right now I go up and --- we're not doing a lot. 20 We're just --- letters to the editor. We're on 21 Facebook. We've been on TV. We've been on radio just 22 trying to get us --- it's nothing that costs us any 23 money, you know what I mean? I bought a few stamps and 24 stuff like that, you know, but it's not ---. Veritext Legal Solutions www.veritext.com 888-391-3376 Page 11 1 Q. Did Murray Energy encourage your formation? 2 A. No, no. 3 Q. You approached them after you were already 4 formed? 5 A. We were approved. Yes, yes. 6 Q. When was the OVJA formed? 7 A. I don't know exactly. 8 Q. It looks like, just going on your website, it 9 might've been May of 2015? 10 A. That sounds right. 11 Q. But you've been meeting together before that, 12 just not as OVJA? 13 A. Yes. It's a different name, yes. 14 Q. Are you bigger now than those 12 to 15 people 15 16 that originally formed? A. We have quite a few members, but we don't have 17 no big meetings now. Just the Board, we get together. 18 We don't have no --- you know, we got probably 400 19 people that signed their cards and we've got over 1,800 20 people on the website --- or the Facebook page. 21 Q. You say signing cards, that makes them a member? 22 A. We just got a membership card. 23 BRIEF INTERRUPTION 24 BY ATTORNEY YAUSSY: Veritext Legal Solutions www.veritext.com 888-391-3376 Page 12 1 2 Q. So signing a card is what you do to become a member when you were ---? 3 A. Yes, yes. 4 Q. Do you have 400 people paying dues? 5 A. We don't pay due --- we don't charge dues. We 6 don't ask for no donations. It's all volunteer. 7 Q. All right. So you were formed in May of 2015? 8 A. Yes. 9 Q. How did you get involved --- how did the 10 Alliance get involved in the appeal of --- or the 11 administrative update that was being issued to 12 Moundsville Power? 13 A. I don't understand. 14 Q. You said you became aware of the Moundsville 15 Power project. 16 A. Yes. 17 Q. And you and your friends were concerned about 18 it. 19 A. Yes. 20 Q. And you decided to form the OVJA in large part 21 because of that? 22 A. Yes. 23 Q. And then you decided to file comments, or what 24 did you all decide to do about the Moundsville Power Veritext Legal Solutions www.veritext.com 888-391-3376 Page 13 1 project? 2 A. Well, we wrote comments in the newspaper. We 3 went to --- I went to County --- we went to County 4 Commissioner meetings and voiced our opinion and the 5 School Board and voiced our opinion. And, like I said, 6 we had been on the radio, had been on TV. You know, just 7 what we're, you know ---. 8 9 10 11 12 13 Q. Did you all file comments with the Division of Air Quality, the Department of Environmental Protection regarding the Moundsville Power project? A. Yeah, well, I assume. I don't know. I don't know what your --- there was ---. Q. There were comments that were filed by the Law 14 Firm Benesch, Friedlander. Do you --- and the fellow 15 sitting next to you is from Benesch, Friedlander. 16 A. Yes. 17 Q. And you said Mr. Murray is paying for them to 18 represent you? 19 A. Yes. 20 Q. When I say you, I mean the Ohio Valley Jobs 21 Alliance. ATTORNEY STOCK: When you say Mr. Murray, 22 23 you mean Murray Corporation? 24 ATTORNEY YAUSSY: Thank you for the Veritext Legal Solutions www.veritext.com 888-391-3376 Page 14 1 clarification. 2 BY ATTORNEY YAUSSY: 3 Q. I meant Murray Energy. 4 A. Yes. Yes, we filed the comments. I've talked to 5 them. I've never talked to Murray --- Mr. Murray. I talked 6 to some of his people over at Southset (phonetic) Coal 7 Mine. I never talked to Mr. Murray. 8 Q. 9 comments? Did you --- Mr. Orla Collier filed these 10 A. Yes. 11 Q. Have you ever met Mr. Collier? 12 A. I met some people, but I don't know. 13 Q. I'm just trying to find out how the Ohio Valley 14 Jobs Alliance went about to commenting. 15 A. Yeah. 16 Q. How did you locate Mr. Collier as someone who 17 18 could comment for you? A. My son helped me on this, but he's not --- my 19 son helped me, so he might've got in contact --- he's a 20 member also and he might have got me ---. I couldn't talk 21 to these people. I don't know what your name is right 22 now. You know, I forget. I don't know. ATTORNEY STOCK: You're all right. 23 24 You're all right. Veritext Legal Solutions www.veritext.com 888-391-3376 A. Page 15 Yeah, I just ---. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 BY ATTORNEY YAUSSY: Q. Absolutely. And, Mr. Thomas, we're not trying to catch you in something. I'm trying to find out how the Ohio Valley Jobs Alliance came to oppose the Moundsville Power project and how this all came about. So you were formed in May of 2015? A. Yes. Q. And these comments were filed June 8th of 2015? A. Yes. Q. And how did the Ohio Valley Jobs Alliance go about hiring Mr. Collier to file these comments for them? A. I don't know. Q. Were you the person who would've made that contact, or would somebody else in the Alliance have done that? A. My son's in the Alliance, so it could've been him. 20 21 22 23 24 Q. Okay. A. But I should say I don't know. Q. That's fine. That's fine. And that would be true not only of the June 8th, 2015 comments, but the June 19th comments as well, you don't know? Veritext Legal Solutions www.veritext.com 888-391-3376 Page 16 1 A. I've talked with some different lawyers on this. 2 I went to and met with them, but I don't --- I can't 3 remember their names. I'll tell you right now I don't. 4 5 Q. All that's fine. I just want to know what you do recall. 6 A. Yeah. 7 Q. So somebody hired Mr. Collier to file comments 8 on behalf of the Alliance; is that correct? 9 A. Yes. 10 Q. All right. Does the money come into the 11 Alliance and you pay Mr. Collier or --- 12 A. No. 13 Q. --- did someone just pay Mr. Collier directly? 14 A. Somebody must have paid him directly, I don't. 15 Q. And you're guessing that would be Murray Energy? 16 A. I guess it would be. 17 Q. Okay. 18 A. I'm just guessing. I never saw a check. 19 Q. Yes, sir. I understand, I understand. The 20 Alliance was formed to promote and protect good paying 21 jobs in the Ohio Valley Region according to your --- 22 A. Yes. 23 Q. --- site? Do you have concerns about the jobs 24 to be provided by Moundsville Power? How did this Veritext Legal Solutions 888-391-3376 Page 17 1 2 become --- well ---. A. Okay. I've done a little bit of research. I've 3 been a coal miner over 38 years. Now, we got air 4 pollution down at Moundsville, you know, we got a coal 5 power plant. We had two of them shut down. Okay. If this 6 plan goes into effect, 258 coal miners, from what I've 7 been reading in the paper, their jobs will be eliminated. 8 Okay. Now, they could --- since we don't need the --- I'm 9 assuming we don't need all this 10 electric now because you never hear no brownouts. But if 11 they shut this Kammer plant down, we're going to lose 12 350 to 400 employees down there and we got six coal 13 mines in my area. Six coal mines in my area that could 14 be affected even just with one power plant. You know, they could shut one mine down, okay, so 15 16 you got 258 coal miners versus 20 people they're going to 17 hire. You know, we need on the same playing field is what 18 they do. They come in and gave these guys a 30-year tax 19 break. 20 You know, I don't feel any company or County 21 Commissioner should pick winners and losers and that's 22 what they're doing here. They're picking winners and 23 losers. You know, two County Commissions come in, one 24 was against it. If we want this in here, you know, 20 Veritext Legal Solutions www.veritext.com 888-391-3376 Page 18 1 people, maybe 25, they don't know for sure how many it's 2 going to be, you know. And we're going to eliminate, we 3 know, at least 258 coal miners, you know, is what I've 4 been reading. 5 Q. Are you referring, as far as the money that --you 6 said that funds were provided to Moundsville Power to 7 construct. Did I understand you? 8 A. I don't know where they get their money at. 9 Q. Well, I'm sorry, you said the government 10 shouldn't pick winner or losers. 11 A. Yeah. 12 Q. How do they pick a winner? 13 A. They're picking a winner. They're picking 14 Moundsville Power to be there, 30-year tax break. The coal 15 mines don't get a 30-year tax break. Knight's Farm Supply, 16 some of these businesses have been in Marshall County for 17 20, 30 years, they don't get a 30-year tax break and they 18 hire a bunch of people. So we're going to hire 20 people 19 and give this firm, which they picked as a winner, and 20 done away with the coal mine, that was helping the people 21 in Marshall County. This is going to be --- if this gas 22 power plant goes in, it's going to be devastating to 23 Marshall County, in my opinion. 24 Q. Are you talking about the pilot program as far Veritext Legal Solutions www.veritext.com 888-391-3376 Page 19 1 as ---? 2 A. Yes, yes. 3 Q. The same pilot program that was used that 4 provided subsidies --- or I'm sorry, provided --- was 5 allowed for the Longview power plant? 6 A. I'm not too familiar with that. 7 Q. Longview --- you know what Longview is, it's the 8 coal burning plant in Moundsville? 9 A. Yes. It's not in Moundsville. 10 Q. I'm sorry, Morgantown. 11 A. Yes. 12 Q. You're familiar with that? 13 A. A little bit, not much. A little bit. I did 14 read something, that they're trying to get back online, 15 but they can't get on the grid; is that correct? 16 Q. I don't know the answer to that. The pilot 17 money, though, that went to Longview, do you feel that's 18 picking a winner and a loser? 19 A. Yes. 20 Q. So they shouldn't have provided those pilot 21 funds to the coal burning plant either? 22 A. No. 23 Q. Do you believe that the Moundsville Power plant 24 caused the closure of the Kammer plant? Veritext Legal Solutions www.veritext.com 888-391-3376 Page 20 1 A. No. 2 Q. Do you believe that Moundsville Power plant 3 caused the closure of any coal powered plant? 4 A. No. 5 Q. You said earlier that you believe --- that it's 6 your belief, I'm assuming that means it's the Alliance's 7 belief, that the Moundsville Power plant somehow resulted 8 in the loss of good paying jobs? 9 A. It will. 10 Q. It will? 11 A. It will. 12 Q. Explain to me again how that would be then. 13 A. Once that goes into effect, once it gets built 14 and goes online, they won't need 258 coal miners, by my 15 calculations, what I've been reading. 16 Q. Has the Alliance done any calculation as to how 17 many oil and gas jobs would be provided by the --building 18 the power plant, the Moundsville Power? 19 A. Building it? 20 Q. I'm sorry, building and operating the 21 22 Moundsville Power? A. Building it could be quite a few people, that's 23 less than two years. But once you operate it, they said 24 there's going to be 20 people. The gas operations, and Veritext Legal Solutions www.veritext.com 888-391-3376 Page 21 1 I'm sure you know about that, they don't use as near as 2 many people as the coal does. 3 Q. You mean at the power plant? 4 A. Yes. 5 Q. How about providing the raw material, the 6 7 natural gas or the coal? A. They don't have quite that many people here, 8 because I'm --- there's five plants in Marshall County, 9 and once they do --- once they're doing the 10 infrastructure, right now they're building them and 11 doing the long wall --- I mean, doing the pipelines, 12 yes, there's a bunch of people. Once they get all the 13 infrastructure in, there's not very many people working 14 at them plants. And there's not very many people out in 15 them fields because my neighbor is one of them. 16 17 Q. In the plants, but I guess I'm talking about out in the field producing the gas? 18 A. Yeah. 19 Q. Has the Ohio Valley Jobs Alliance done any kind 20 of study as to how many people would be employed in the 21 oil and gas business to supply gas to the Moundsville 22 Power? 23 A. No. 24 Q. So you don't know how many people would be --- Veritext Legal Solutions www.veritext.com 888-391-3376 Page 22 1 A. No. 2 Q. --- affected? ATTORNEY STOCK: Just let him finish before 3 4 you respond. Just let him finish his question before you 5 respond. It's all right. You're doing fine. BY ATTORNEY 6 YAUSSY: 7 Q. Your son is Greg Thomas? 8 A. Yes. 9 Q. Does he work for Murray Energy? 10 A. No. 11 Q. Work for Bob Murray? 12 A. Not that I'm aware of. He's a consultant for 13 different things, but I never --- I don't think he 14 worked --- gets paid by Bob Murray. 15 Q. By who? 16 A. Bob Murray. 17 Q. Is the OVJA associated with Marshall County 18 Republican Party? 19 A. No. 20 Q. Did you receive any funds or any help from the 21 Republican Party? 22 A. 23 got. No. 24 Q. I got more money in my bill folder than they Have you ever worked with an organization called Veritext Legal Solutions www.veritext.com 888-391-3376 Page 23 1 Grow West Virginia? 2 A. No. 3 Q. Familiar with it at all? 4 A. No. 5 Q. The Marshall County Citizens for a Better 6 Government, is that the entity that preceded the Ohio 7 Valley Jobs Alliance? 8 9 A. We still --- we haven't had a meeting in October because of health, but it's --- I don't know. It hadn't 10 been preceded. We just had meetings there and we just 11 kind of broke --- some of the people broke off in the 12 Jobs Alliance. 13 14 Q. So the Marshall County Citizens for a Better Government may still exist? 15 A. Yes. 16 Q. Just some of you broke off and became the OVJA? 17 A. Yes. 18 Q. You could be members of both? 19 A. Yes, we are. 20 Q. Do you keep a membership list of the Ohio Valley 21 Jobs Alliance members? 22 A. I don't have one with me, no. 23 Q. But do you keep one? 24 A. Yes, there is one. Veritext Legal Solutions www.veritext.com 888-391-3376 Page 24 1 Q. Is that publicly available? 2 A. That right there, I couldn't tell you. 3 Q. Mr. Thomas, I'm going to ask you some questions 4 about the Notice of Appeal that the Ohio Valley Jobs 5 Alliance filed. And understand that your --- I 6 understand that your attorney prepared this --- 7 8 A. Yes. 9 Q. --- and made representations. And you're not 10 expected to know everything in here. I'm just going to 11 find out what you are familiar with and what you can talk 12 --- tell me about. ATTORNEY STOCK: Yes. And, Dave, if I 13 14 could just have a standing objection to the extent it 15 implicitly or inherently calls for a legal analysis as 16 to what any allegation relates to. 17 ATTORNEY YAUSSY: Understood. 18 ATTORNEY STOCK: Yes, I don't want to 19 interrupt. 20 BY ATTORNEY YAUSSY: 21 Q. In the relief that is requested, meaning the 22 changes that you feel ought to be made, you said this says 23 that the OVJA further requests that a new public notice be 24 issued and a public hearing scheduled in this matter on any remand. Do you feel that there was a need Veritext Legal Solutions 888-391-3376 Page 25 1 for more public hearings on the permit application that 2 Moundsville Power filed? 3 A. More hearings? 4 Q. Right. Should there have been more public 5 hearings on the application that Moundsville Power 6 filed? 7 A. Yes. 8 Q. What did you want to present at those that you 9 10 couldn't present in comments? A. I don't know. I didn't see them. I didn't see 11 where they were. I assume it was advertised in the 12 paper and this and that, but I never saw it. 13 Q. You never saw public notice? 14 A. Yes. 15 Q. But you were aware there was a public comment 16 period? 17 A. Yes. 18 Q. Because you filed the comments? 19 A. Yes. 20 Q. When I say you, I'm referring to the Alliance. 21 A. Yes. 22 Q. Were there additional comments that you wanted 23 24 to make that you weren't able to make during that ---? A. No. Veritext Legal Solutions www.veritext.com 888-391-3376 Page 26 1 Q. Was there anything additional that you wanted to 2 provide to the Division of Air Quality that you weren't 3 able to during the public comment period? 4 A. No. 5 Q. It represents here that the OVJA is a public 6 interest organization whose mission is to provide and 7 protect jobs in the Ohio Valley Region and related 8 public interests. What are those related public 9 interests, if you know? Is there any other reason that 10 you exist? 11 A. 12 that ---? 13 Q. Sure. 14 A. Yeah, that's the air pollution. 15 Q. And you're specifically concerned about the fact 16 17 18 19 The quality of air, would that be --- I mean, is that Marshall County's non-attainment or ---? A. I'm concerned about that air pollution coming from this plant. Q. What air pollution do you believe will be coming 20 from the Moundsville Power plant that wouldn't be coming 21 from a coal fired plant? 22 A. I'm not a doctor. I'm not a scientist. I 23 really don't know. What I do know if there's a stack 24 coming up out of the ground, there's air pollution Veritext Legal Solutions www.veritext.com 888-391-3376 Page 27 1 coming out of it. Q. 2 3 So you'd be opposed to a new coal plant coming in? 4 A. Yes. 5 Q. Wouldn't that reduce the number of jobs? 6 A. We got a power plant. We got a coal power 7 8 9 plant. Q. And you'll still have it after the Moundsville Power plant goes in --- is constructed; correct? 10 A. I don't know. 11 Q. Just asking, do you know the difference between a 12 modification of a permit --- air permit and a major 13 modification? 14 A. No. 15 Q. In this appeal, there are a lot of technical 16 issues. Are you familiar with any of the technical 17 matters such as whether Moundsville properly justified 18 best available control technology in its permit 19 application? 20 A. No. I read that, but I'm not a scientist. 21 Q. That's fine. I just want to know what you're 22 going to be able to testify about. 23 A. No, I'm not. 24 Q. Air quality modeling, you have not taken any Veritext Legal Solutions www.veritext.com 888-391-3376 Page 28 1 position on that? 2 A. I'm not a scientist. 3 Q. Got you. One of the issues that's been raised is 4 concern about greenhouse gases that would come of out of 5 the stack from the Moundsville Power project. Do you have 6 a concern about greenhouse gases? 7 A. Yes. 8 Q. Are you concerned about global warning? 9 A. No. 10 Q. What concern do you have about greenhouse gases 11 12 13 14 15 that's not related to global warming? A. That's just more gases. We're talking gases. Gases means air pollution. Q. You don't have any particular concern about carbon dioxide as opposed to other pollutants? 16 A. No. 17 Q. It says that the impact of the increased 18 pollutants on local residents, including members of the 19 OVJA, is significant. Can you tell me what you perceive 20 that impact to be? 21 A. I don't understand what you mean. 22 Q. Well, the impact from the Moundsville Power 23 plant and its --- the pollutants coming out of its 24 stacks are significant according to this appeal. Veritext Legal Solutions www.veritext.com 888-391-3376 Page 29 1 A. Yes. 2 Q. And it affects members of the OVJA in a 3 significant way. 4 A. Yes. 5 Q. Can you tell me how, how it affects you or your 6 members? 7 A. I know how it affects me. You got a plant here, 8 you got a plant here and you got a plant here 9 (indicating), all of them's got chemicals coming out of 10 them. One more doesn't make it less, one more makes it 11 more. So we're going to have one more plant that's going 12 to have more air pollution. 13 14 Q. Regardless of what kind of pollutants are coming out? 15 A. Yes, it's more air pollution. 16 Q. If it were a bakery, for example, that would 17 concern you just as much? 18 A. I think that's a little bit different now. 19 Q. So it does depend on what the pollutants are to a 20 certain degree? 21 A. Yes. 22 Q. And what about the pollutants from the 23 Moundsville Power plant or the anticipated pollutants 24 that bothers you? Veritext Legal Solutions www.veritext.com 888-391-3376 Page 30 1 A. Just more. 2 Q. It talks here --- I'm sorry. It talks here about 3 particulate matter, which would be this fine dust, and 4 NOx. Do you have any particular concerns --- health 5 concerns about NOx or particulate matter? 6 7 8 9 10 11 A. No. I'm not a doctor. I don't --- science, I don't know what that means. Q. Have any of the members of the Alliance expressed concerns about how particulate matter or NOx would affect their health? A. Probably more chemicals, more air pollution is 12 going to hurt you. Everyone tells you that. And that's 13 all we're saying, there's going to be more than what 14 there is today. 15 Q. It was just confirms then that your concern is 16 not pollutant-specific, it's just the fact there'd be 17 more pollutants coming out? 18 A. Yes. 19 Q. Is your concern reduced in any way by the fact 20 that the Kammer plant has closed? 21 A. No. 22 Q. You would agree that likely there was a big 23 24 reduction of pollutants when it closed? A. Yes. Veritext Legal Solutions www.veritext.com 888-391-3376 Page 31 1 2 Q. And the Ohio Valley Jobs Alliance has not done any comparison --- 3 A. No. 4 Q. --- to see what kind of pollutants came out from 5 Kammer and how much are expected to come out of 6 Moundsville Power? 7 A. Not that I'm aware of. 8 Q. And given your concern about pollutants, did you 9 10 support the Kammer shutdown? Did the Ohio Valley Jobs Alliance support the Kammer shutdown? 11 A. No. 12 Q. If you're concerned about pollutants, why not? 13 A. Well, we're also concerned about jobs. 14 Pollutant is not the only thing, but we're talking about 15 jobs. That's the main thing, jobs. The devastation 16 it's going to have on Marshall County. Pollutants is 17 one of them, yes, but jobs is one of the big things. 18 Q. Mr. Thomas, what I'm just trying to figure out 19 is why the --- explain to me why the jobs associated 20 with the pollutants coming out of Kammer were better 21 than the jobs associated with Moundsville Power and the 22 pollutants coming out of the Moundsville Power plant? 23 A. I didn't say it was better. 24 Q. It's merely the fact that more people were Veritext Legal Solutions www.veritext.com 888-391-3376 Page 32 1 2 3 employed at Kammer? A. No, there's different chemicals coming out now, or will be coming out. 4 Q. Well, do you know there will be? 5 A. No, I'm not a scientist. 6 Q. So you're guessing there would be? 7 A. Guessing. And I could guess wrong because I'm 8 9 not a scientist. Q. So the pollutants coming out of the Moundsville 10 Power plant are worse that those that were coming out 11 of ---? 12 13 14 15 A. No, I didn't say that because I'm not a scientist. Q. Were the jobs better at Kammer than the jobs that will be provided at Moundsville Power? 16 A. More of them. 17 Q. Is that the main reason why you would have ---? 18 A. One of the reasons. 19 Q. One of the reasons? 20 A. Yes. 21 Q. One of the reasons there'd be more jobs at 22 Moundsville --- at Kammer than there are anticipated to 23 be at --- 24 A. Yes. Veritext Legal Solutions 888-391-3376 Page 33 1 Q. --- operating the Moundsville Power? 2 A. Yes. 3 Q. Any other reasons? 4 A. No. 5 Q. keep Kammer Any other reasons for wanting to 6 open and not allow Moundsville Power to operate? 7 A. keeping the 8 No, I didn't say nothing about Kammer plant open. 9 Q. Do you believe that Kammer --would you have 10 liked for the Kammer plant to have remained open? 11 A. 12 Q. Power plant 13 18 No, not really. In my personal don't. 16 Q. get at, Mr. 17 But you don't want the Moundsville to operate? 14 A. opinion, I 15 Yes. And that's what I'm just trying to Thomas. A. Yeah. 19 Q. Why is one plant good from the standpoint of the 20 Ohio Valley Jobs Alliance and the Moundsville Power 21 plant isn't? 22 A. I'm going to make this simple. Jobs, jobs and 23 jobs. Marshall County right now has a lot of jobs. The 24 gas plant --- the gas company is hiring a bunch of Veritext Legal Solutions www.veritext.com 888-391-3376 Page 34 1 people. They're not hiring like the coal mine does. I 2 live there. I see what's going on. You know, so now there 3 is 350, 400 people at Mitchell plant, this gas plant's 4 going to have 20, you know, 20 people. You know, the gas out there, regardless if it 5 6 comes from this well, this well, they turn a valve. 7 It's not like people is out there working to dig it, to 8 bring it. They're just turning valves to turn it on. 9 Because once they're done --- this jobs --- this is 10 going to devastate Marshall County. This is really, 11 really going to hurt Marshall County on job-wise. It 12 is. 13 14 Q. Bringing in the Moundsville Power plant is going to hurt Marshall County from a job standpoint? 15 A. Yes, in my opinion. 16 Q. Even though it will provide 20 jobs? 17 A. You do away with 258 and get 20, we won. 18 Q. So we're back to Ohio Valley Jobs Alliance is 19 mostly --- is entirely concerned about the jobs. 20 A. Plus air pollution. 21 Q. Okay. 22 A. 23 You like Holstein cows, somebody likes Jersey's. ATTORNEY STOCK: You're fine. You're fine. 24 Veritext Legal Solutions www.veritext.com 888-391-3376 Page 35 1 2 BY ATTORNEY YAUSSY: Q. In the Notice of Appeal, it says that Marshall 3 County is suffering from high levels of air pollution, 4 some of the highest in the state. And it's quoting a 5 Marshall County needs assessment. Are you familiar with 6 that needs assessment? 7 A. I read through that, but no. 8 Q. That's fine. Do you feel that, you know, in 9 10 11 12 13 14 15 16 your opinion is Marshall County suffering from high levels of air pollution? A. If people found that report, they must be. I don't know. Q. Do you suffer from any kind of lung disease --- A. No. Q. --- that's exacerbated by ---? A. No. 17 18 19 A. ATTORNEY STOCK: Again, wait until he finishes. Okay. I'm sorry. 20 21 22 BY ATTORNEY YAUSSY: Q. Do you suffer from any kind of lung disease 23 that's exacerbated by the kinds of emissions that might 24 come out of a power plant? A. Not that I'm aware of. Veritext Legal Solutions 888-391-3376 Page 36 Q. 1 Well, that was unfair. You don't know necessarily 2 what will come out of a power plant. But do you have any 3 kind of lung conditions that's affected by particulate 4 emissions or by NOx as far as you know? 5 A. I don't know. 6 Q. Do any members of the Alliance --- have any 7 complained of it? 8 A. I don't know. 9 Q. Do you have any kind of physical condition 10 that's affected by air pollutants? 11 A. No. 12 Q. As far as you know, does any member of the Ohio 13 Valley Jobs Alliance have any physical conditions 14 affected by air pollutants that might come out of a 15 stack? 16 A. No, never mentioned it. 17 Q. So in the Jobs Alliance, you don't talk about 18 health effects? A. 19 20 21 22 I don't ask somebody if they got lung cancer, no. Q. Well, do you talk about the lung effects or health effects of any kind related to these plants? 23 A. That's not the main topic, no. 24 Q. But, in fact, you don't discuss it at all? Veritext Legal Solutions www.veritext.com 888-391-3376 Page 37 1 A. No. 2 Q. It says allowing Moundsville Power to increase 3 its emissions will directly harm nearby residents, 4 including members of the OVJA. Are there members of the 5 OVJA who live near where the Moundsville Power plant will 6 be? 7 A. Oh, yeah. Yes, sir. 8 Q. How close? 9 A. Seven air miles away. I know one family that 10 lives there and it happens to be mine, and my son and 11 his family. And we happen to live northeast, and which 12 way does the air usually go, northeast. So I got a 13 Kammer plant here, I'm going to have probably another 14 plant over here. I got two gas plants down there, 15 Williams's got a gas plant and I think --- I forget what 16 the other name is. They keep selling it. All that air 17 pollution goes past my house. I don't know where it 18 drops at, you know, the fine particles and stuff. 19 Q. 20 the OVJA? 21 A. 22 Anybody live closer than seven miles, anybody in Yes, I'm sure there's some that lives out Roberts Ridge. 23 Q. But you don't know who those folks are? 24 A. No. Veritext Legal Solutions www.veritext.com 888-391-3376 Page 38 Q. 1 When you moved to your place, was the Kammer plant up and operating? 2 3 A. 4 remember. Q. I lived there in 1971. I assume it was, I don't It didn't concern you at the time? 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ATTORNEY STOCK: Objection. A. I was young. Huh? ATTORNEY STOCK: I just objected. Go ahead and answer. A. I was young, 21 years old, I didn't care what it was. BY ATTORNEY YAUSSY: Q. It says that to date Moundsville Power has not submitted an environmental justice analysis. Do you know what an environmental justice analysis is? A. No. Q. You didn't request that? You have not requested --- the OVJA has not requested an environmental justice analysis? 20 21 22 23 ATTORNEY STOCK: Objection as to the extent to which their Counsel has represented them and made requests on their behalf. Again, this requires a legal analysis. 24 ATTORNEY YAUSSY: Fair enough. I'll Veritext Legal Solutions www.veritext.com 888-391-3376 Page 39 1 withdrawal the question. 2 BY ATTORNEY YAUSSY: 3 4 Q. Mr. Thomas, I thought I saw online that you were Chairman of the Marshall County Republican Party? 5 A. Yes. 6 Q. And still are? 7 A. Yes, I am a Republican. 8 Q. A lot of people have leased property to oil and 9 gas operators in Marshall County; correct? 10 A. Yes. 11 Q. To that extent, they've put a lot of money into 12 the County? 13 A. Yes. 14 Q. Have you leased any property? 15 A. No. I'm going to withdrawal. I did lease it, 16 but it didn't go through. 17 Q. You don't have any current leases? 18 A. No, I still have mine or don't have it, 19 whichever. 20 ATTORNEY YAUSSY: I believe that's it, 21 but let me just look again real quick. I don't have 22 anything further. 23 24 ATTORNEY WANDLING: I have a few. EXAMINATION Veritext Legal Solutions www.veritext.com 888-391-3376 Page 40 1 2 3 BY ATTORNEY WANDLING: Q. Do you need to take a break or use the restroom or anything? 4 A. I'm ready. 5 Q. Well, we were introduced earlier. My name's 6 Jason Wandling. I'm from down here. I represent DEP. 7 First, just to clear things up, your son's name is Greg 8 Thomas. Does he live in Charleston? 9 A. Yes. 10 Q. And he's a member of the OVJA? 11 A. Yes. 12 Q. Is he about 40-ish or so? 13 A. About 40-ish? 14 Q. Yes, in age? 15 A. Don't make it a tough question. 16 Q. I don't want to get you in trouble. 17 A. He was born in '77. 18 Q. Full disclosure, I think I know your son. And 19 not because of this. Just from being in politics and 20 stuff. Now, Greg, who is he employed by? 21 A. Self-employed. 22 Q. Does he have --- is he on the Board of Directors 23 24 for the OVJA? A. No. Veritext Legal Solutions www.veritext.com 888-391-3376 Page 41 1 2 Q. And when you mentioned a son that lives in Marshall County near you, is that a different ---? 3 A. Yes. 4 Q. Now, Greg has an independent business. What's 5 the name of his business? 6 A. I don't know. 7 Q. Do you know if they do any work for Murray? 8 A. No, I don't know what he does. I'll tell you, I 9 do not know what he does. I'd have to kill you if you I 10 knew because I don't know what he does. You know, I 11 know he's a consultant, he does different things. And I 12 do know, like you know, he's in politics. What he does, 13 I don't know. 14 Q. Fair enough. 15 A. I don't know. I went to his office today for 16 the first time, and if I got to walk up eight more 17 flights of stairs, it'll be my last time. The elevator 18 was down. 19 Q. Is he still in the Union Building? 20 A. It's down here by the river? 21 Q. Yeah. 22 A. Then yes. 23 Q. Full disclosure, that elevator never works. 24 A. What's the show on TV, I thought it was on it, Veritext Legal Solutions www.veritext.com 888-391-3376 Page 42 1 that goofy guy that's real smart and the elevator has 2 been shut down now for four years. 3 4 ATTORNEY STOCK: Big Bang. BY ATTORNEY WANDLING: 5 Q. Big Bang Theory. 6 A. Yeah, Big Bang. That's where I thought I was at 7 when I was down there. Eight flights of steps, I said 8 --- I told Greg that's it. I'll meet him in the parking 9 lot. 10 Q. Now, who suggested within the OVJA that you guys 11 find an attorney for an appeal about the plant we're 12 talking about today? 13 A. Probably be me and John Toth. 14 Q. How do you spell his name? 15 A. Toth, T-O-T-H. 16 Q. What's his position with the OVJA? 17 A. He's just a member on the Board. He's just a 18 member. I don't know if he's on the Board. He's just a 19 member. 20 21 22 23 24 Q. Was there any discussion about how you were going to pay for a lawyer from --- how you ---? A. No, we just said we need to get some. Then I went and talked to the people out at Murray Mine. Q. Who did you talk to out there? Veritext Legal Solutions www.veritext.com 888-391-3376 Page 43 1 A. I'm going to tell you, I don't know. 2 Q. Did you work at that mine? 3 A. No. No. 4 Q. Did you work for Murray Energy? 5 A. No. 6 Q. Did you work for a corporate predecessor to 7 8 9 10 11 Murray Energy? A. I worked in Pennsylvania. Murray --- I worked in a non-Union mine. Murray bought out the Union mines, so I never had no ---. Q. So the OVJA --- well, does, sorry, the OVJA get 12 invoices from the attorneys representing you, OVJA, in 13 this appeal? 14 A. I don't know. 15 Q. You don't get any bills or anything? 16 A. I don't know. 17 Q. Who would know in the OVJA? 18 A. It'd probably be me and I haven't got any, so I 19 don't know. 20 Q. Who runs the Twitter account for you for OVJA? 21 A. I don't know. I assume Greg does. I don't 22 know. 23 Q. And who runs the Facebook account for the OVJA? 24 A. Roman Stauffer, because I don't know to do that. Veritext Legal Solutions www.veritext.com 888-391-3376 Page 44 1 Q. How do you spell his last name? 2 A. I don't know how to do that either. 3 Q. It's Roman you said? 4 A. Yes. 5 Q. S-T-A-U-F-F-E-R? 6 A. Sounds like it. 7 Q. opposed to 8 9 And you mentioned that the OVJA is air pollution; is that fair? A. Yes. 10 Q. Does the OVJA take a position on the Clean Power 11 Program? 12 A. about it. I've never --- we never talked 13 Q. So if someone posted under the OVJA's name about 14 the group's opposition to the CPP, is that something 15 that OVJA agrees with? 16 A. seen the If somebody --- yes. I've never 17 Twitter. I'm going to show you my telephone. You think 18 I know anything about phones? 19 record show 20 ATTORNEY YAUSSY: Let the that he handed out a clamshell. 21 A. know I'm not And I want to show you one more. I 22 supposed to do this, but here is my --- I want to show 23 you my recent calls. I don't know how to get them off 24 of there. So here's every call I ever had on here and I Veritext Legal Solutions www.veritext.com 888-391-3376 Page 45 1 don't know how to get them off. 2 3 4 ATTORNEY STOCK: Okay. BY ATTORNEY WANDLING: Q. So you don't know if your son Greg does 5 consulting work for Mr. Murray or Murray Energy or any 6 corporate-related outfits? 7 8 A. I don't think --- no, I don't know. He's never discussed that with me. 9 Q. Does anyone draw a salary from the OVJA? 10 A. No. 11 Q. Does anyone receive payment from the OVJA? 12 A. No. 13 Q. Does the OVJA have a checkbook? 14 A. Yes. 15 Q. And does it have a checking account? 16 A. Yes. 17 Q. How much is in it? 18 A. $30. 19 Q. And does it have a savings account? 20 A. No. 21 Q. Do you plan as part of the OVJA to have any sort 22 of economic analysis conducted or prepared as part of 23 this appeal? 24 A. No. Veritext Legal Solutions www.veritext.com 888-391-3376 Page 46 1 Q. Have you talked to anyone about that? 2 A. No. 3 Q. And you have to bear with me because we planned 4 to ask a lot of the same questions, so I have to kind of 5 go through here and make sure I've asked what I wanted 6 to ask. Who's on the Board at the --- excuse me. I'm 7 sorry. I deal with certain groups occasionally a lot and 8 they have the same acronyms, but they're different from 9 yours. You said that there's a Board of Director for the 10 OVJA? 11 A. Yes. 12 Q. Who's on the Board? 13 A. I guess John Toth would be, Jim Thomas, Ray 14 Young. And we've got a new guy that just come onboard, and 15 I haven't --- only talked to him on the phone. I don't 16 know what his name is. And I'll tell you, I think your 17 name is Jason. I don't know what your last name is. Bruce 18 Whipkey (phonetic) was on it and Bruce got family 19 problems, not divorce, got health problems in his family 20 and he had to step down for a few months. 21 22 Q. Did the Board have to take a vote about retaining counsel for this appeal? 23 A. No. 24 Q. Did you take a membership vote on whether to Veritext Legal Solutions www.veritext.com 888-391-3376 Page 47 1 file an appeal? 2 A. No. 3 Q. Do you have a printed newsletter for the group? 4 A. No. 5 Q. Who named it? 6 A. I did. You don't like it? 7 Q. I don't have an opinion one way or the other. 8 A. I'm not so sure if it's not --- I want to tell 9 you, I worked in a coal mine 38 years and 19 days and 10 I'm enjoying life right now being retired. I'm telling 11 you. 12 Q. Do you draw a pension? 13 A. $429.68 a month. 14 Q. Is that from ---? 15 A. Before taxes. 16 Q. Who's that from? 17 A. Consol. 18 Q. And I guess if you're retired, you have other 19 funds that you've independently saved for retirement? 20 A. Yeah. I made some good in investments in my 21 life. 22 Q. Congratulations. So you don't have a job now? 23 A. No. Or insurance, I just figure I'd add that. 24 Q. When was the last OVJA meeting that was held? Veritext Legal Solutions www.veritext.com 888-391-3376 Page 48 1 A. As far as us having a meeting, we haven't --- we 2 never went in one room probably in the last --- since right 3 after we organized this. We just more or less talk on the 4 phone. 5 6 Q. So you've never had like everybody come to the OVJA meeting? 7 A. No, no. 8 Q. What's next on the agenda for the OVJA? 9 A. I don't know. 10 Q. So after --- bear with me, I'm just trying to 11 think of the best way to ask the question. After this 12 appeal, do you plan on continuing the OVJA? 13 A. Yes. 14 Q. And what do you think you guys would do? What 15 would you focus on? ATTORNEY STOCK: Objection. If you 16 17 18 thought about it, go ahead and answer. A. We just like to meet. I mean, there's a few of us 19 who want to try to make Marshall County better. 20 That's all. That's just what this is about. We want to 21 make it better. 22 BY ATTORNEY WANDLING: 23 24 Q. Roman Stauffer, he's not --- is related in any way to the West Virginia State Legislature? Veritext Legal Solutions www.veritext.com 888-391-3376 Page 49 1 A. What's that? 2 Q. Is he related in any way to the West Virginia 3 4 State Legislature? A. Not that --- I don't know. ATTORNEY WANDLING: I appreciate your 5 6 time. I don't have any other questions for 7 you. ATTORNEY COLLIER: You're done. ATTORNEY STOCK: Jim, we are done. She's 8 9 going to type up a transcript of your testimony today. You 10 have the right to review it and make corrections and sign 11 it. You can waive that right. As your counsel, I would 12 advise you to waive the right. Would you please indicate 13 that to the court reporter? 14 A. I waive my right. ATTORNEY STOCK: Thank you. 15 16 ATTORNEY WANDLING: Thank you very much. 17 ATTORNEY STOCK: We're done. 18 * * * * * * * * 19 DEPOSITION CONCLUDED AT 1:48 P.M. 20 * * * * * * * * 21 22 23 24 Veritext Legal Solutions www.veritext.com 888-391-3376 50 [& - best] & & 2:7 3:5,16 1 1,800 11:19 11 1:20 2:9 12 8:20 11:14 1411 3:11 15 11:14 15-01 1:7 19 47:9 1971 38:3 19th 15:24 1:02 2:10 1:48 49:19 2 20 17:16,24 18:17 18:19 20:24 34:4,4 34:16,17 200 3:11 2015 11:9 12:7 15:7 15:9,23 2016 1:20 2:9 21 38:10 24 6:4 25 3:11 18:1 25143 3:12 25321 3:20 258 17:6,16 18:3 20:14 34:17 2600 3:6 273 3:19 3 30 17:19 18:14,15 18:17,17 45:18 300 3:18 350 17:12 34:3 38 6:4,4 17:3 47:9 39 4:5 4 Page 1 40 4:7 40:12,13 400 11:18 12:4 17:12 34:3 41 3:6 429.68 47:13 43215 3:7 48 6:4 49 4:7 5 50 4:8 6 600 2:8 7 7 4:5 77 40:17 8 8th 15:9,23 9 900 2:7 a able 25:23 26:3 27:22 absolutely 15:3 account 43:20,23 45:15,19 accurately 50:11 acronyms 46:8 action 50:13,17 add 47:23 additional 25:22 26:1 administrative 12:11 advertised 25:11 advise 49:12 affect 30:10 age 40:14 agency 1:24 agenda 48:8 agree 30:22 agrees 44:15 ahead 38:9 48:17 air 1:1,9 13:9 17:3 26:2,11,14,17,19,24 27:12,24 28:13 29:12,15 30:11 34:20 35:3,10 36:10 36:14 37:9,12,16 44:8 allegation 24:15 alliance 1:5 8:5 9:17 12:10 13:21 14:14 15:5,11,16,18 16:8 16:11,20 20:16 21:19 23:7,12,21 24:5 25:20 30:8 31:1,10 33:20 34:18 36:6,13,17 alliance's 20:6 allow 33:6 allowed 19:5 allowing 37:2 analysis 24:14 38:14 38:15,19,23 45:22 answer 19:16 38:9 48:17 answers 7:11 anticipated 29:23 32:22 anybody 37:19,19 appeal 1:6 8:10 10:8 12:10 24:4 27:15 28:24 35:2 42:11 43:13 45:23 46:22 47:1 48:12 appears 50:6 appellant 1:6 2:3 3:8 appellee 1:13 3:13 application 25:1,5 27:19 appreciate 49:5 approached 11:3 approved 11:5 aqb 1:7 area 17:13,13 aronoff 3:5 asked 46:5 asking 7:10 27:11 assessment 35:5,6 assessor 9:8 assistance 9:21 associated 8:4 22:17 31:19,21 association 8:8 9:15 assume 13:11 25:11 38:3 43:21 assuming 17:9 20:6 attainment 26:16 attorney 4:5,7 6:3 7:7 10:6 11:24 13:22,24 14:2,23 15:2 22:3,6 24:6,12 24:16,17,19 34:23 35:1,17,20 38:6,8 38:12,20,24 39:2,20 39:23 40:1 42:3,4 42:11 44:19 45:2,3 48:16,22 49:5,7,8 49:15,16,17 50:12 50:15 attorneys 43:12 authorization 1:23 available 24:1 27:18 aware 8:7 12:14 22:12 25:15 31:7 35:24 b back 19:14 34:18 bakery 29:16 bang 42:3,5,6 battle 3:16 bear 46:3 48:10 beginning 2:9 behalf 2:3 16:8 38:22 belief 20:6,7 believe 19:23 20:2,5 26:19 33:9 39:20 benesch 3:5 13:14 13:15 best 27:18 48:11 Veritext Legal Solutions 888-391- 3376 [better - decide] better 9:4 23:5,13 31:20,23 32:14 48:19,21 big 8:22 11:17 30:22 31:17 42:3,5,6 bigger 11:14 bill 22:22 bills 43:15 bit 17:2 19:13,13 29:18 blair 2:5 50:4 board 1:1 11:17 13:5 40:22 42:17,18 46:6,9,12,21 bob 10:12 22:11,14 22:16 born 40:17 bothers 29:24 bought 10:23 43:9 boulevard 3:18 box 3:19 break 7:16,17 17:19 18:14,15,18 40:2 breakfast 8:19 breaks 9:11 brief 11:23 bring 9:2,2 34:8 bringing 34:13 broke 23:11,11,16 brownouts 17:10 bruce 46:18,18 building 20:18,19 20:20,22 21:10 41:19 built 20:13 bunch 8:18,20 9:5 9:14,18 18:18 21:12 33:24 burning 19:8,21 business 21:21 41:4 41:5 businesses 10:17 Page 2 c c 3:1 7:1 calculation 20:16 calculations 20:15 call 44:24 called 9:3 22:24 calls 24:14 44:23 cancer 36:19 carbon 28:15 card 11:22 12:1 cards 11:19,21 care 38:10 catch 15:4 caused 19:24 20:3 center 3:17 certain 29:20 46:7 certificate 4:8 50:3 certify 50:5 certifying 1:24 chairman 39:4 changes 24:21 charge 12:5 charleston 1:2 2:8 3:20 40:8 check 16:18 checkbook 45:13 checking 45:15 chemicals 29:9 30:11 32:2 citizens 9:4 23:5,13 civil 2:4 clamshell 44:20 clarification 14:1 clean 44:10 clear 40:7 close 37:8 closed 30:20,23 closer 37:19 closure 19:24 20:3 coal 7:24 8:18 9:10 14:7 17:3,4,6,12,13 17:16 18:3,15,20 19:8,21 20:3,14 21:2,6 26:21 27:2,6 34:1 47:9 collier 3:4 14:8,11 14:16 15:12 16:7,11 16:13 49:7 columbus 3:7 come 8:23 9:2,10,23 16:10 17:18,23 28:4 31:5 35:23 36:2,14 46:14 48:5 comes 34:6 coming 26:17,19,20 26:24 27:1,2 28:23 29:9,13 30:17 31:20 31:22 32:2,3,9,10 comment 14:17 25:15 26:3 commenting 14:14 comments 12:23 13:2,8,13 14:4,9 15:9,12,23,24 16:7 25:9,18,22 commissioner 9:8 13:4 17:21 commissions 17:23 companies 9:20 company 17:20 33:24 comparison 31:2 complained 36:7 concern 28:4,6,10 28:14 29:17 30:15 30:19 31:8 38:5 concerned 12:17 26:15,17 28:8 31:12 31:13 34:19 concerns 16:23 30:4 30:5,9 concluded 49:19 condition 36:9 conditions 36:3,13 conducted 45:22 conference 2:8 confirms 30:15 congratulations 47:22 consol 47:17 construct 18:7 constructed 27:9 consultant 22:12 41:11 consulting 45:5 contact 14:19 15:16 continuing 48:12 control 27:18 coplan 3:5 corporate 43:6 45:6 corporation 13:23 corporations 9:19 10:16 correct 16:8 19:15 27:9 39:9 corrections 49:10 costs 10:22 could've 15:18 counsel 3:13,21 38:21 46:22 49:11 50:12,15 counsels 3:8 county 9:3,6,7,8,21 13:3,3 17:20,23 18:17,21,23 21:8 22:17 23:5,13 31:16 33:23 34:10,11,14 35:3,5,9 39:4,9,12 41:2 48:19 county's 26:16 court 2:5 49:13 cows 34:22 cpp 44:14 current 39:17 d d 4:1 7:1 date 38:13 50:7 dave 7:8 24:12 david 3:15 days 47:9 deal 46:7 decide 12:24 Veritext Legal Solutions www.veritext.com 888-391-3376 [decided - give] decided 9:10,14 12:20,23 degree 29:20 dep 40:6 department 1:11 13:9 depend 29:19 deposition 1:18 2:1 7:9 49:19 50:7,8 depositions 50:14 description 5:4 devastate 34:10 devastating 18:23 devastation 31:15 difference 27:11 different 9:1,9,19 11:13 16:1 22:13 29:18 32:2 41:2,11 46:8 dig 34:7 dinsmore 2:7 dioxide 28:15 directly 16:13,14 37:3 director 1:9 46:9 directors 40:22 disclosure 40:18 41:23 discuss 8:24 36:24 discussed 45:8 discussion 42:20 disease 35:13,21 division 1:9 13:8 26:2 divorce 46:19 doctor 26:22 30:6 doing 10:2,19 17:22 21:9,11,11 22:5 donations 12:6 draw 45:9 47:12 drops 37:18 due 12:5 dues 12:4,5 duly 7:3 50:7 Page 3 durham 1:8 excuse 46:6 finish 7:16 22:3,4 finishes 35:18 fired 26:21 firm 13:14 18:19 first 7:3,10 40:7 41:16 five 21:8 flights 41:17 42:7 focus 48:15 folder 22:22 folks 37:23 follows 7:4 foregoing 50:7 forget 14:22 37:15 form 9:15 12:20 formation 11:1 formed 8:15 9:13 11:4,6,15 12:7 15:7 16:20 former 7:24 found 35:11 four 42:2 freidlander 3:5 friedlander 13:14 13:15 friends 12:17 exhibit 5:1 exist 23:14 26:10 e expected 24:9 31:5 e 3:1,1,4 4:1 7:1,1 explain 20:12 31:19 44:5 expressed 30:9 earl 7:21 extent 7:11 24:13 earlier 20:5 40:5 38:21 39:11 east 3:18 f eating 8:18 f 1:8 3:3 44:5,5 economic 45:22 facebook 10:21 editor 10:20 11:20 43:23 fact effect 17:6 20:13 26:15 30:16,19 effects 36:18,21,22 31:24 36:24 eight 41:16 42:7 fair 38:24 41:14 either 19:21 44:2 44:8 electric 17:10 familiar 19:6,12 elevator 41:17,23 23:3 24:10 42:1 27:16 35:5 eliminate 18:2 family 37:9,11 46:19 eliminated 17:8 46:20 emissions 35:22 far 9:22 18:5,24 36:4 37:3 36:4,12 48:1 employed 7:22 21:20 32:1 40:20,21 farm 18:15 february 1:20 2:9 50:15 feel 17:20 19:17 employees 17:12 full 40:18 41:23 24:21,24 35:8 encourage 11:1 energy 10:1,2,4 11:1 fully 50:10 fellow 13:14 14:3 16:15 22:9 field 17:18 21:17 43:4,7 45:5 fund 9:23 fields 21:15 enjoying 47:10 funded 9:23 figure 31:18 47:23 entirely 34:19 file 12:23 13:8 15:12 funds 9:17 18:6 entity 23:6 19:21 22:20 47:19 16:7 47:1 environmental 1:11 further 24:22 39:22 filed 13:13 14:4,8 13:9 38:14,15,18 50:14 15:9 24:5 25:2,6,18 esquire 3:3,4,10,15 g finally 8:21 everybody 48:5 g 7:1 financially 50:16 exacerbated 35:15 gas 18:22 20:17,24 find 9:6 14:13 15:4 35:22 21:6,17,21,21 33:24 24:10 42:11 fine exactly 11:7 33:24 34:3,5 37:14 8:17 15:22,22 examination 4:4,6 37:15 39:9 16:4 22:5 27:21 7:6 39:24 gases 28:4,6,10,12 30:3 34:23,24 35:8 example 29:16 28:12,13 37:18 give 18:19 dust 30:3 Veritext Legal Solutions 888-391- 3376 [given - lease] given 31:8 50:9 global 28:8,11 go 7:9 8:20,20,24 10:19 15:11 37:12 38:8 39:16 46:5 48:17 goes 17:6 18:22 20:13,14 27:9 37:17 going 9:6,11,13 11:8 17:11,17 18:2,2,18 18:21,22 20:24 24:3 24:9 27:22 29:11,12 30:12,13 31:16 33:22 34:2,4,10,11 34:13 37:13 39:15 42:21 43:1 44:17 49:9 good 16:20 20:8 33:19 47:20 goofy 42:1 government 9:4 18:9 23:6,14 greenhouse 28:4,6 28:10 greg 22:7 40:7,20 41:4 42:8 43:21 45:4 grid 19:15 ground 26:24 group 47:3 group's 44:14 groups 46:7 grow 23:1 guess 16:16 21:16 32:7 46:13 47:18 guessing 16:15,18 32:6,7 guy 42:1 46:14 guys 17:18 42:10 48:14 h h 42:15 handed 44:20 happen 37:11 Page 4 happens 37:10 interested 50:16 happy 7:13 interests 26:8,9 harm 37:3 interrupt 24:18 health 23:9 30:4,10 interruption 11:23 36:18,22 46:19 intervenor 1:16 hear 17:10 3:21 hearing 24:23 introduced 40:5 hearings 25:1,3,5 investments 47:20 held 47:24 invoices 43:12 help 9:22 10:14,18 involved 12:9,10 22:20 ish 40:12,13 helped 14:18,19 issued 8:11 12:11 helping 10:3,5 18:21 24:23 hereto 50:16 issues 27:16 28:3 high 3:6 35:3,9 it'd 43:18 highest 35:4 it'll 41:17 hire 17:17 18:18,19 j hired 16:7 hiring 15:12 33:24 james 1:19 2:3 4:3 34:1 7:3,21 holstein 34:22 jason 3:10 40:6 house 37:17 huh 38:7 46:17 hurt 30:12 34:11,14 jersey's 34:22 i jim 46:13 49:8 job 34:11,14 47:22 identified 5:4 jobs 1:5 8:5 9:10 impact 28:17,20,22 13:20 14:14 15:5,11 implicitly 24:14 16:21,23 17:7 20:8 including 28:18 20:17 21:19 23:7,12 37:4 23:21 24:4 26:7 increase 37:2 27:5 31:1,9,13,15 increased 28:17 31:15,17,19,21 independent 41:4 32:14,14,21 33:20 independently 33:22,22,23,23 34:9 47:19 34:16,18,19 36:13 indicate 49:13 36:17 indicating 29:9 john 3:3 42:13 infrastructure 21:10,13 46:13 inherently 24:14 june 15:9,23,24 insurance 47:23 justice 38:14,15,18 interest 26:6 justified 27:17 k kammer 17:11 19:24 30:20 31:5,9 31:10,20 32:1,14,22 33:5,8,9,10 37:13 38:1 kanawha 2:8 3:18 keep 23:20,23 33:5 37:16 keeping 33:7 kill 41:9 kind 9:1,15 21:19 23:11 29:13 31:4 35:13,21 36:3,9,22 46:4 kinds 35:22 knew 41:10 knight's 18:15 know 8:16 9:13,20 10:13,14,15,15,23 10:24 11:7,18 13:6 13:7,11,12 14:12,21 14:22,22 15:14,21 15:24 16:4 17:4,15 17:17,20,23,24 18:1 18:2,3,3,8 19:7,16 21:1,24 23:9 24:9 25:10 26:9,23,23 27:10,11,21 29:7 30:7 32:4 34:2,4,5 35:8,12 36:1,4,5,8 36:12 37:9,17,18,23 38:15 40:18 41:6,7 41:8,9,10,10,11,12 41:12,13,15 42:18 43:1,14,16,17,19,21 43:22,24 44:2,18,21 44:23 45:1,4,7 46:16,17 48:9 49:4 l l 3:15 lady 7:14 large 12:20 law 13:13 lawyer 42:21 lawyers 16:1 lease 39:15 Veritext Legal Solutions 888-391- 3376 [leased - okay] leased 39:8,14 leases 39:17 lee 2:7 legal 9:5 10:3,5 24:14 38:23 legislature 48:24 49:3 letters 10:20 levels 35:3,10 life 47:10,21 liked 33:10 likes 34:22 list 23:20 little 17:2 19:13,13 29:18 live 34:2 37:5,11,19 40:8 lived 38:3 lives 37:10,21 41:1 llc 1:15 llp 2:7 3:5 local 28:18 locate 14:16 long 21:11 longview 19:5,7,7 19:17 look 39:21 looks 11:8 lose 17:11 loser 19:18 losers 17:21,23 18:10 loss 20:8 lot 10:19 27:15 33:23 39:8,11 42:9 46:4,7 lung 35:13,21 36:3 36:19,21 m main 31:15 32:17 36:23 major 27:12 marshall 9:3,20 Page 5 18:16,21,23 21:8 22:17 23:5,13 26:16 31:16 33:23 34:10 34:11,14 35:2,5,9 39:4,9 41:2 48:19 material 21:5 matter 24:24 30:3,5 30:9 matters 27:17 mean 10:23 13:20 13:23 21:3,11 26:11 28:21 48:18 meaning 10:5 24:20 means 20:6 28:13 30:7 meant 14:3 meet 42:8 48:18 meeting 9:14 11:11 23:8 47:24 48:1,6 meetings 11:17 13:4 23:10 member 11:21 12:2 14:20 36:12 40:10 42:17,18,19 members 11:16 23:18,21 28:18 29:2 29:6 30:8 36:6 37:4 37:4 membership 11:22 23:20 46:24 mentioned 36:16 41:1 44:7 merely 31:24 met 14:11,12 16:2 might've 11:9 14:19 miles 37:9,19 mine 9:10 14:7 17:15 18:20 34:1 37:10 39:18 42:23 43:2,9 47:9 miner 7:24 17:3 miners 8:18 17:6,16 18:3 20:14 mines 8:2 17:13,13 18:15 43:9 17:9,9,17 20:14 mission 26:6 24:24 40:2 42:22 mitchell 34:3 modeling 27:24 needs 35:5,6 modification 27:12 neighbor 21:15 27:13 neither 50:12 money 9:24 10:1,17 never 9:23 10:17 10:23 16:10 18:5,8 14:5,7 16:18 17:10 19:17 22:22 39:11 22:13 25:12,13 36:16 41:23 43:10 month 8:22 47:13 44:12,12,16 45:7 months 46:20 48:2,5 morgantown 19:10 new 24:22 27:2 morning 8:19 moundsville 1:15 46:14 8:11 12:12,14,24 newsletter 47:3 13:10 15:6 16:24 17:4 18:6,14 19:8,9 newspaper 13:2 nitro 3:12 19:23 20:2,7,18,21 nobody's 9:23 non 21:21 25:2,5 26:20 26:16 43:9 27:8,17 28:5,22 northeast 37:11,12 29:23 31:6,21,22 notary 2:6 50:4 32:9,15,22 33:1,6 33:12,20 34:13 37:2 notice 24:4,23 25:13 35:2 37:5 38:13 nox 30:4,5,9 36:4 moved 38:1 number 5:4 27:5 murray 10:1,2,3,12 11:1 13:17,22,23 o 14:3,5,5,7 16:15 o 7:1 42:15 22:9,11,14,16 41:7 objected 38:8 42:23 43:4,7,8,9 objection 6:1 24:13 45:5,5 38:6,20 48:16 n occas ion al ly 46:7 octob er n 3:1 4:1 7:1 23:8 offered name 7:8,20 11:13 5:6 office 41:15 14:21 37:16 40:7 41:5 42:14 44:1,13 offic es 2:7 oh 3:7 37:7 oh io 46:16,17,17 1:5 8:4 13:20 name's 40:5 14:13 15:5,11 16:21 named 47:5 21:19 23:6,20 24:4 names 16:3 26:7 31:1,9 33:20 natural 21:6 near 34:18 36:12 oil 21:1 37:5 41:2 20:17 21:21 39:8 nearby 37:3 okay 15:20 16:17 necessarily 36:2 17:2,5,8,15 34:21 need 9:21 10:18 Veritext Legal Solutions 888-391- 3376 [okay - public] 35:19 45:2 old 38:10 onboard 46:14 once 8:22 20:13,13 20:23 21:9,9,12 34:9 one's 9:24 online 19:14 20:14 39:3 open 33:6,8,10 operate 20:23 33:6 33:13 operating 20:20 33:1 38:2 operations 20:24 operators 39:9 opinion 13:4,5 18:23 33:14 34:15 35:9 47:7 oppose 15:5 opposed 27:2 28:15 44:7 opposition 44:14 organization 22:24 26:6 organized 48:3 originally 11:15 orla 3:4 14:8 ought 24:21 outfits 45:6 ovja 8:13,15 11:6,12 12:20 22:17 23:16 24:22 26:5 28:19 29:2 37:4,5,20 38:18 40:10,23 42:10,16 43:11,11 43:12,17,20,23 44:7 44:10,15 45:9,11,13 45:21 46:10 47:24 48:6,8,12 ovja's 8:10 44:13 p p 3:1,1 7:1 p.m. 2:10 49:19 Page 6 p.o. 3:19 page 5:1,3 6:1,3 11:20 paid 16:14 22:14 paper 17:7 25:12 parking 42:8 part 12:20 45:21,22 particles 37:18 particular 10:8 28:14 30:4 particulate 30:3,5,9 36:4 parties 50:13,16 party 22:18,21 39:4 pay 12:5 16:11,13 42:21 paying 12:4 13:17 16:20 20:8 payment 45:11 pennsylvania 43:8 pension 47:12 people 8:23 9:2,5,9 9:13,16 11:14,19,20 12:4 14:6,12,21 17:16 18:1,18,19,21 20:22,24 21:2,7,12 21:13,14,20,24 23:11 31:24 34:1,3 34:4,7 35:11 39:8 42:23 perceive 28:19 period 25:16 26:3 permit 8:10 25:1 27:12,12,18 person 15:15 personal 33:14 phone 46:15 48:4 phones 44:18 phonetic 14:6 46:18 physical 36:9,13 pick 17:21 18:10,12 picked 18:19 picking 17:22 18:13 18:13 19:18 pilot 18:24 19:3,16 19:20 pipelines 21:11 place 38:1 places 9:20 plan 17:6 45:21 48:12 planned 46:3 plant 9:9 17:5,11,14 18:22 19:5,8,21,23 19:24 20:2,3,7,18 21:3 26:18,20,21 27:2,6,7,9 28:23 29:7,8,8,11,23 30:20 31:22 32:10 33:8,10,12,19,21,24 34:3,13 35:23 36:2 37:5,13,14,15 38:2 42:11 plant's 34:4 plants 21:8,14,16 36:22 37:14 playing 17:17 please 7:20 49:12 pllc 3:16 plus 34:20 point 8:21 politics 40:19 41:12 pollutant 30:16 31:14 pollutants 28:15,18 28:23 29:13,19,22 29:23 30:17,23 31:4 31:8,12,16,20,22 32:9 36:10,14 pollution 17:4 26:14 26:17,19,24 28:13 29:12,15 30:11 34:20 35:3,10 37:17 44:8 position 8:13 28:1 42:16 44:10 posted 44:13 power 1:15 8:11 9:9 12:12,15,24 13:10 15:6 16:24 17:5,14 18:6,14,22 19:5,23 20:2,7,18,18,21 21:3,22 25:2,5 26:20 27:6,6,9 28:5 28:22 29:23 31:6,21 31:22 32:10,15 33:1 33:6,12,20 34:13 35:23 36:2 37:2,5 38:13 44:10 powered 20:3 preceded 23:6,10 predecessor 43:6 prepared 24:6 45:22 present 25:8,9 presently 8:4 printed 47:3 probably 8:20 11:18 30:11 37:13 42:13 43:18 48:2 problems 46:19,19 procedure 2:4 proceeding 50:10 producing 21:17 program 18:24 19:3 44:11 prohibited 1:23 project 12:15 13:1 13:10 15:6 28:5 promote 16:20 properly 27:17 property 39:8,14 protect 16:20 26:7 protection 1:12 13:9 provide 26:2,6 34:16 provided 10:1 16:24 18:6 19:4,4,20 20:17 32:15 providing 7:11 10:6 10:14 21:5 public 2:6 24:22,23 25:1,4,13,15 26:3,5 26:8,8 50:4 Veritext Legal Solutions www.veritext.com 3376 888-391- [publicly - stock] Page 7 publicly 24:1 pursuant 2:4 34:5 region 16:21 26:7 put 39:11 related 26:7,8 28:11 q 36:22 45:6 48:23 quality 1:1,10 13:9 49:2 50:13 26:2,11 27:24 relates 24:15 question 7:17 22:4 relative 50:15 relief 39:1 40:15 48:11 24:20 remained questions 7:10,12 33:10 remand 24:3 46:4 49:6 24:24 remember 16:3 38:4 repeat quick 39:21 7:12 quite 11:16 20:22 report 35:11 21:7 reporter 2:5 49:13 quoting 35:4 represent 13:18 r 40:6 r 3:1 7:1 44:5 representations radio 10:21 13:6 24:8 raised 28:3 represented 38:21 raw 21:5 representing 43:12 ray 46:13 represents 26:5 read 19:14 27:20 reproduction 1:22 35:7 republican 22:18,21 reading 17:7 18:4 39:4,7 20:15 request 38:17 ready 40:4 requested 24:20 real 39:21 42:1 38:17,18 really 9:18,22,23,23 requests 24:22 26:23 33:14 34:10 34:11 38:22 reason 26:9 32:17 requires 38:22 reasons 32:18,19,21 research 17:2 33:3,5 residents 28:18 37:3 recall 16:5 respond 22:4,5 receive 22:20 45:11 restaurant 8:19,22 record 7:20 44:19 restroom 40:2 50:9 resulted 20:8 recorded 50:10 retaining 46:22 reduce 27:5 retire 8:2 reduced 30:19 retired 7:23 8:18 reduction 30:23 47:10,18 referring 18:5 25:20 retirement 47:19 regarding 13:10 review 49:10 regardless 29:13 ridge 37:22 roberts 37:22 roman 43:24 44:3 48:23 room 2:8 8:22 48:2 route 3:11 rules 2:4 runs 43:20,23 44:21,22 shut 17:5,11,15 42:2 shutdown 31:9,10 sign 49:11 signed 11:19 significant 28:19,24 29:3 signing 11:21 s 12:1 simple 33:22 s 3:1 7:1 44:5 sir 16:19 37:7 site right 7:18 10:19 11:10 12:7 14:22,23 16:23 14:24 16:3,10 21:10 sitting 13:15 22:5 24:2 25:4 six 17:12,13 33:23 47:10 48:3 49:10,11,12,14 size 8:23 smart 42:1 river 41:20 somebody 15:16 salary 45:9 saved 16:7,14 34:22 36:19 47:19 savings 44:16 45:19 saw 16:18 son 14:18,19 22:7 25:12,13 37:10 40:18 41:1 39:3 45:4 saying 30:13 son's 15:18 40:7 says 24:22 28:17 sorry 18:9 19:4,10 35:2 37:2 38:13 20:20 30:2 35:19 scheduled 24:23 43:11 46:7 school 13:5 science sort 45:21 30:6 scientist sounds 11:10 44:6 26:22 27:20 south 3:6 28:2 32:5,8,13 southset 14:6 secretary 8:14 specific 30:16 see 25:10,10 31:4 specifically 26:15 34:2 spell 42:14 44:1 seen 44:16 spilman 3:16,17 spur 3:11 self 40:21 stack 26:23 28:5 selling 37:16 36:15 stacks 28:24 seven 37:9,19 stairs 41:17 stamps 10:23 sherif 9:2 standing 24:13 shohl 2:7 show 41:24 44:17,19 standpoint 33:19 34:14 started 8:16,18 9:19 state 2:6 3:11 7:20 35:4 48:24 49:3 50:1,5 stauffer 43:24 48:23 step 46:20 steps 42:7 stock 3:3 6:4 13:22 14:23 22:3 24:12,17 34:23 35:17 38:6,8 Veritext Legal Solutions www.veritext.com 3376 888-391- [stock - worse] 38:20 42:3 45:2 48:16 49:8,15,17 street 2:7 3:6 study 21:20 stuff 9:12,19,21 10:24 37:18 40:20 submitted 38:14 subsidies 19:4 suffer 35:13,21 suffering 35:3,9 suggested 42:10 suite 2:8 3:6 supply 18:16 21:21 support 31:9,10 supposed 44:22 sure 8:17 18:1 21:1 26:13 37:21 46:5 47:8 sworn 7:3 50:7 t t 42:15,15 44:5 take 7:15,17 40:2 44:10 46:21,24 taken 2:3,4 27:24 50:14 talk 7:13 9:3 14:21 24:11 36:17,21 42:24 48:4 talked 14:4,5,6,7 16:1 42:23 44:12 46:1,15 talking 7:15 18:24 21:16 28:12 31:14 42:12 talks 30:2,2 tax 9:11 17:19 18:14 18:15,17 taxes 47:15 technical 27:15,16 technology 27:18 telephone 44:17 tell 9:15 16:3 24:2 24:11 28:19 29:5 41:8 43:1 46:16 47:8 Page 8 telling 47:10 tells 30:12 testified 7:3 testify 8:7 27:22 testimony 49:9 50:6 50:9 thank 13:24 49:15 49:16 them's 29:9 theory 42:5 thing 31:14,15 turn 34:6,8 turning 34:8 tv 10:21 13:6 41:24 twice 8:22 twitter 43:20 44:17 two 17:5,23 20:23 37:14 type 49:9 u u 44:5 undersigned 2:5 understand 7:12 things 7:10 9:1 12:13 16:19,19 18:7 22:13 31:17 40:7 24:5,6 28:21 41:11 understood 24:16 think 22:13 29:18 unfair 36:1 37:15 40:18 44:17 union 41:19 45:7 46:16 48:11,14 43:9,9 update thomas 1:19 2:3 3:16 12:11 use 21:1 4:3 7:3,8,21,22 40:2 usually 37:12 15:3 22:7 24:3 v 31:18 33:17 39:3 valley 1:5 8:5 13:20 40:8 46:13 14:13 15:5,11 16:21 thought 9:12 39:3 21:19 23:7,20 24:4 41:24 42:6 48:17 26:7 31:1,9 33:20 thursday 2:9 8:19 34:18 36:13 time 7:15,16 9:3 38:5 41:16,17 49:6 valve 34:6 valves 34:8 today 7:9 8:8 30:14 versus 17:16 41:15 42:12 49:9 virginia 1:1,2,10 2:6 told 42:8 2:9 23:1 48:24 49:2 top 7:14 50:1,5 topic 7:17 36:23 voiced 13:4,5 toth 42:13,15 46:13 tough 40:15 volunteer 12:6 transcribed 50:8 transcript 1:22 vote 46:21,24 49:9 treasurer 8:14 trouble 7:14 40:16 vs 1:7 true 15:23 50:9 try w 7:13 48:19 trying wait 35:17 10:22 14:13 15:3,4 19:14 31:18 waive 49:11,12,14 walk 41:16 33:16 48:10 wall 21:11 wandling 3:10 4:7 Veritext Legal Solutions 39:23 40:1,6 42:4 45:3 48:22 49:5,16 want 7:16 8:16 16:4 17:24 24:17 25:8 27:21 33:12 40:16 44:21,22 47:8 48:19 48:20 wanted 25:22 26:1 46:5 wanting 9:6 33:5 warming 28:11 warning 28:8 way 9:11 29:3 30:19 37:12 47:7 48:11,24 49:2 we've 10:21,21 11:19 46:14 website 11:8,20 wendy 2:5 50:4 went 8:21 10:2 13:3 13:3,3 14:14 16:2 19:17 41:15 42:23 48:2 west 1:1,2,10 2:6,8 23:1 48:24 49:2 50:1,5 whichever 39:19 whipkey 46:18 william 1:8 williams's 37:15 winner 18:10,12,13 18:20 19:18 winners 17:21,22 wise 34:11 withdrawal 39:1,15 witness 4:3 50:6,8,9 wives 8:24 won 34:17 work 10:3,5 22:9,11 41:7 43:2,4,6 45:5 worked 22:14,24 43:8,8 47:9 working 21:13 34:7 works 41:23 worse 32:10 888-391- 3376 [would've - young] Page 9 would've 15:15 writing 7:14 wrong 32:7 wrote 13:2 wv 3:12,20 x x 4:1 y yaussy 3:15 4:5 7:7 7:8 11:24 13:24 14:2 15:2 22:6 24:16,19 35:1,20 38:12,24 39:2,20 44:19 yeah 10:7 13:11 14:15 15:1 16:6 18:11 21:18 26:14 33:18 37:7 41:21 42:6 47:20 year 17:19 18:14,15 18:17 years 17:3 18:17 20:23 38:10 42:2 47:9 yep 7:19 young 38:7,10 46:14 Veritext Legal Solutions www.veritext.com 888-391-3376 West Virginia Rules of Civil Procedure Part V. Depositions and Discovery Rule 30 (e) Review by Witness; Changes; Signing. If requested by the deponent or a party before completion of the deposition, the deponent shall have 30 days after being notified by the officer that the transcript or recording is available in which to review the transcript or recording and, if there are changes in form or substance, to sign a statement reciting such changes and the reasons given by the deponent for making them. The officer shall indicate in the certificate prescribed by subdivision (f) (1) whether any review was requested and, if so, shall append any changes made by the deponent during the period allowed. DISCLAIMER: THE FOREGOING CIVIL PROCEDURE RULES ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. THE ABOVE RULES ARE CURRENT AS OF SEPTEMBER 1, 2014. PLEASE REFER TO THE APPLICABLE STATE RULES OF CIVIL PROCEDURE FOR UP-TO-DATE INFORMATION.