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OFFICIAL TRANSCRIPT
3471
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
***************************************************************
IN RE: OIL SPILL BY THE OILRIG DEEPWATER HORIZON IN THEGULF OF MEXICO ON APRIL 20,2010
CIVIL ACTION NO. 10-MD-2179 "J"NEW ORLEANS, LOUISIANA
WEDNESDAY, MARCH 13, 2013, 8:00 A.M.
THIS DOCUMENT RELATES TO:
CASE NO. 2:10-CV-02771,IN RE: THE COMPLAINT ANDPETITION OF TRITON ASSETLEASING GmbH, ET AL
CASE NO. 2:10-CV-4536,
UNITED STATES OF AMERICA V.BP EXPLORATION & PRODUCTION,INC., ET AL
***************************************************************
DAY 11 MORNING SESSION
TRANSCRIPT OF NONJURY TRIAL PROCEEDINGSHEARD BEFORE THE HONORABLE CARL J. BARBIER
UNITED STATES DISTRICT JUDGE
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3472
APPEARANCES:
FOR THE PLAINTIFFS: DOMENGEAUX WRIGHT ROY & EDWARDSBY: JAMES P. ROY, ESQ.556 JEFFERSON STREET, SUITE 500POST OFFICE BOX 3668LAFAYETTE, LA 70502
HERMAN HERMAN & KATZBY: STEPHEN J. HERMAN, ESQ.820 O'KEEFE AVENUENEW ORLEANS, LA 70113
CUNNINGHAM BOUNDSBY: ROBERT T. CUNNINGHAM, ESQ.1601 DAUPHIN STREETMOBILE, AL 36604
LEWIS, KULLMAN, STERBCOW & ABRAMSONBY: PAUL M. STERBCOW, ESQ.
PAN AMERICAN LIFE BUILDING601 POYDRAS STREET, SUITE 2615NEW ORLEANS, LA 70130
BREIT DRESCHER IMPREVENTO & WALKERBY: JEFFREY A. BREIT, ESQ.600 22ND STREET, SUITE 402VIRGINIA BEACH, VA 23451
LEGER & SHAWBY: WALTER J. LEGER, JR., ESQ.600 CARONDELET STREET, 9TH FLOORNEW ORLEANS, LA 70130
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3473
APPEARANCES CONTINUED:
WATTS, GUERRA, CRAFTBY: MIKAL C. WATTS, ESQ.4 DOMINION DRIVEBUILDING 3, SUITE 100SAN ANTONIO, TX 78257
WILLIAMS LAW GROUPBY: CONRAD S. P. WILLIAMS, ESQ.435 CORPORATE DRIVE, SUITE 101HOUMA, LA 70360
THORNHILL LAW FIRMBY: THOMAS THORNHILL, ESQ.1308 NINTH STREETSLIDELL, LA 70458
DEGRAVELLES PALMINTIER HOLTHAUS & FRUGEBY: JOHN W. DEGRAVELLES, ESQ.
618 MAIN STREETBATON ROUGE, LA 70801
WILLIAMSON & RUSNAKBY: JIMMY WILLIAMSON, ESQ.4310 YOAKUM BOULEVARDHOUSTON, TX 77006
IRPINO LAW FIRMBY: ANTHONY IRPINO, ESQ.2216 MAGAZINE STREETNEW ORLEANS, LA 70130
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3474
APPEARANCES CONTINUED:
FOR THE UNITED STATESOF AMERICA: U.S. DEPARTMENT OF JUSTICE
TORTS BRANCH, CIVIL DIVISIONBY: R. MICHAEL UNDERHILL, ESQ.450 GOLDEN GATE AVENUE7TH FLOOR, ROOM 5395SAN FRANCISCO, CA 94102
U.S. DEPARTMENT OF JUSTICE
ENVIRONMENT & NATURAL RESOURCES DIVISIONENVIRONMENTAL ENFORCEMENT SECTIONBY: STEVEN O'ROURKE, ESQ.
SCOTT CERNICH, ESQ.DEANNA CHANG, ESQ.RACHEL HANKEY, ESQ.A. NATHANIEL CHAKERES, ESQ.
P.O. BOX 7611WASHINGTON, DC 20044
U.S. DEPARTMENT OF JUSTICETORTS BRANCH, CIVIL DIVISIONBY: JESSICA McCLELLAN, ESQ.
MICHELLE DELEMARRE, ESQ.JESSICA SULLIVAN, ESQ.SHARON SHUTLER, ESQ.MALINDA LAWRENCE, ESQ.
POST OFFICE BOX 14271WASHINGTON, DC 20044
U.S. DEPARTMENT OF JUSTICEFRAUD SECTIONCOMMERCIAL LITIGATION BRANCHBY: DANIEL SPIRO, ESQ.
KELLEY HAUSER, ESQ.ELIZABETH YOUNG, ESQ.
BEN FRANKLIN STATIONWASHINGTON, DC 20044
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3475
APPEARANCES CONTINUED:
FOR THE STATE OFALABAMA: ALABAMA ATTORNEY GENERAL'S OFFICEBY: LUTHER STRANGE, ATTORNEY GENERAL
COREY L. MAZE, ESQ.WINFIELD J. SINCLAIR, ESQ.
500 DEXTER AVENUEMONTGOMERY, AL 36130
FOR THE STATE OFLOUISIANA OFFICE
OF THE ATTORNEYGENERAL:STATE OF LOUISIANABY: JAMES D. CALDWELL,ATTORNEY GENERAL1885 NORTH THIRD STREETPOST OFFICE BOX 94005BATON ROUGE, LA 70804
KANNER & WHITELEY
BY: ALLAN KANNER, ESQ.DOUGLAS R. KRAUS, ESQ.701 CAMP STREETNEW ORLEANS, LA 70130
FOR BP EXPLORATION &PRODUCTION INC.,BP AMERICA PRODUCTIONCOMPANY, BP PLC: LISKOW & LEWIS
BY: DON K. HAYCRAFT, ESQ.ONE SHELL SQUARE701 POYDRAS STREETSUITE 5000NEW ORLEANS, LA 70139
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3476
APPEARANCES CONTINUED:
COVINGTON & BURLINGBY: ROBERT C. MIKE BROCK, ESQ.1201 PENNSYLVANIA AVENUE, NWWASHINGTON, DC 20004
KIRKLAND & ELLISBY: J. ANDREW LANGAN, ESQ.
HARIKLIA "CARRIE" KARIS, ESQ.MATTHEW T. REGAN, ESQ.
300 N. LASALLE
CHICAGO, IL 60654
FOR TRANSOCEAN HOLDINGSLLC, TRANSOCEANOFFSHORE DEEPWATERDRILLING INC., ANDTRANSOCEAN DEEPWATERINC.: FRILOT
BY: KERRY J. MILLER, ESQ.ENERGY CENTRE
1100 POYDRAS STREET, SUITE 3700NEW ORLEANS, LA 70163
SUTHERLAND ASBILL & BRENNANBY: STEVEN L. ROBERTS, ESQ.
RACHEL G. CLINGMAN, ESQ.1001 FANNIN STREET, SUITE 3700HOUSTON, TX 77002
MUNGER TOLLES & OLSONBY: MICHAEL R. DOYEN, ESQ.
BRAD D. BRIAN, ESQ.LUIS LI, ESQ.
355 SOUTH GRAND AVENUE, 35TH FLOORLOS ANGELES, CA 90071
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3477
APPEARANCES CONTINUED:
MAHTOOK & LAFLEURBY: RICHARD J. HYMEL, ESQ.1000 CHASE tour600 JEFFERSON STREETLAFAYETTE, LA 70502
HUGHES ARRELL KINCHENBY: JOHN KINCHEN, ESQ.2211 NORFOLK, SUITE 1110HOUSTON, TX 77098
FOR CAMERON INTERNATIONALCORPORATION: STONE PIGMAN WALTHER WITTMANN
BY: PHILLIP A. WITTMANN, ESQ.546 CARONDELET STREETNEW ORLEANS, LA 70130
BECK REDDEN & SECRESTBY: DAVID J. BECK, ESQ.DAVID W. JONES, ESQ.GEOFFREY GANNAWAY, ESQ.ALEX B. ROBERTS, ESQ.
ONE HOUSTON CENTER1221 MCKINNEY STREET, SUITE 4500HOUSTON, TX 77010
FOR HALLIBURTON
ENERGY SERVICES,INC.: GODWIN LEWISBY: DONALD E. GODWIN, ESQ.
FLOYD R. HARTLEY, JR., ESQ.GAVIN HILL, ESQ.
RENAISSANCE tour1201 ELM STREET, SUITE 1700DALLAS, TX 75270.
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3478
APPEARANCES CONTINUED:
GODWIN LEWISBY: JERRY C. VON STERNBERG, ESQ.1331 LAMAR, SUITE 1665HOUSTON, TX 77010
FOR M-I L.L.C.: MORGAN, LEWIS & BOCKIUSBY: HUGH E. TANNER, ESQ.DENISE SCOFIELD, ESQ.JOHN C. FUNDERBURK, ESQ.1000 LOUISIANA STREET, SUITE 4000
HOUSTON, TX 77002
OFFICIAL COURT REPORTER: CATHY PEPPER, CRR, RMR, CCRCERTIFIED REALTIME REPORTERREGISTERED MERIT REPORTER500 POYDRAS STREET, ROOM HB406NEW ORLEANS, LA 70130(504) 589-7779
PROCEEDINGS RECORDED BY MECHANICAL STENOGRAPHY. TRANSCRIPTPRODUCED BY COMPUTER.
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3479
I N D E X
EXAMINATIONS PAGE
JOSEPH KEITH......................................... 3488
CROSS-EXAMINATION BY MR. DEGRAVELLES.................3488
CROSS-EXAMINATION BY MR. CHAKERES....................3554
CROSS-EXAMINATION BY MR. MAZE........................3558
CROSS-EXAMINATION BY MR. KRAUS.......................3559DIRECT EXAMINATION BY MR. HARTLEY....................3563
CROSS-EXAMINATION BY MR. MILLER......................3612
CROSS-EXAMINATION BY MR. BROCK.......................3642
LUNCHEON RECESS......................................3653
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P-R-O-C-E-E-D-I-N-G-S
WEDNESDAY, MARCH 13, 2013
M O R N I N G S E S S I O N(COURT CALLED TO ORDER)
THE DEPUTY CLERK: All rise.
THE COURT: Good morning, everyone.
VOICES: Good morning, Your Honor.THE COURT: Please be seated.
All right. Any preliminary matters?
MR. BREIT: Yes, Your Honor. Jeffrey Breit for the
PSC.
I have the Tim Probert exhibits which were sent
around. Moments ago, Mr. Godwin advised me that he was goingto object to one of them. I'm happy to address it now. There
will not be an agreement between us.
THE COURT: Which one is i?
MR. BREIT: That would be 4357. I'll have Carl --
THE COURT: What is it? Just tell me what it is.
MR. BREIT: In September/October of 2010, Mr. Rothprepared a rough draft of a PowerPoint. The PowerPoint, which
I asked Mr. Probert about, had two things on it that were
important. One, no basis of design exists today; and, two, no
management.
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THE COURT: This was a PowerPoint presentation that
Mr. Probert testified that he used at some point?
MR. BREIT: Mr. Roth said that he presented it toMr. Probert. I showed Mr. Probert, and he received it as such.
THE COURT: Wait. Are you introducing this in
connection with Roth's testimony?
MR. BREIT: No, sir, with Probert.
THE COURT: Let me hear from Mr. Godwin.
MR. GODWIN: Thank you, Judge.Good morning, Your Honor. Don Godwin for
Halliburton.
Judge, this exhibit was offered -- there was --
it was going to be offered with regard to Mr. Roth's testimony.
We objected to that, and Your Honor sustained the objection.
THE COURT: I did?MR. GODWIN: Yes, sir, you did, Your Honor, with regard
to Mr. Roth.
THE COURT: During the trial?
MR. GODWIN: Yes, Your Honor. You did during trial.
It was brought up again during Mr. Probert's
testimony.THE COURT: Well, Mr. Probert testified first.
MR. BREIT: Correct, Your Honor.
MR. GODWIN: Yes, sir.
MR. BREIT: It was not sustained during Mr. Probert's
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3482
testimony at all.
MR. GODWIN: What happened was, Judge --
THE COURT: What is the basis of your objection?MR. GODWIN: I objected on subsequent remedial
measures. You, throughout the trial here, have granted our
objections based on that.
We said it dealt with subsequent remedial
measures. With regard to Mr. Roth, you sustained it. With
regard to Mr. Probert, you haven't ruled on it.THE COURT: Give us the number again.
MR. BREIT: I can show it up on the screen.
THE COURT: I don't need to see it right now.
MR. BREIT: 4357.
MR. GODWIN: TREX-04357, Judge.
THE COURT: Note that number, Stephanie.I'll defer ruling on that. I'll look at it
again.
The others are unobjected to?
MR. BREIT: As far as I know, yes, Your Honor.
MR. GODWIN: We have no objections to any of the
others, Judge.THE COURT: Does anybody have any other objections
besides the one voiced by Mr. Godwin to the exhibits offered by
Mr. Breit with relation to Mr. Probert?
MR. BREIT: Correct.
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3483
THE COURT: All of your exhibits pertain to
Mr. Probert?
MR. BREIT: Yes, sir.THE COURT: Any other objections?
Hearing none, those are admitted.
(WHEREUPON, the above-mentioned exhibits were
admitted.)
THE COURT: I'm deferring on that one until I can look
at it.MR. GODWIN: Thank you, Judge.
MR. BREIT: Do you want to hear argument on that one?
THE COURT: Not right now.
MR. KRAUS: Good morning, Your Honor. Doug Kraus on
behalf of the State of Louisiana.
I would like to introduce the State ofLouisiana's exhibits related to the examination of Tom Roth.
We circulated them, with no objection.
THE COURT: All right. No objections. We'll admit
those.
MR. KRAUS: Thank you, Your Honor.
(WHEREUPON, the above-mentioned exhibits wereadmitted.)
MR. DOYEN: Good morning, Your Honor. Michael Doyen
for Transocean.
We would like to offer the exhibits we used
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with the examinations of Greg Perkin and Dr. Rory Davis. We
circulated those and received no objections.
THE COURT: Does anybody object to Mr. Doyen's tenderedexhibits?
Hearing none, those are admitted.
(WHEREUPON, the above-mentioned exhibits were
admitted.)
MR. MILLER: Good morning, Your Honor. Kerry Miller,
also for Transocean.I have with me the exhibits and demonstratives
we used with Mr. Tommy Roth. We circulated those yesterday to
counsel, and we've received no objections to those exhibits,
Your Honor.
THE COURT: Does anybody object to Mr. Miller's
exhibits?All right. Without objection, those are
admitted.
(WHEREUPON, the above-mentioned exhibits were
admitted.)
MS. KARIS: Good morning, Your Honor. Hariklia Karis
on behalf of BP.I have two lists. One is the list for
Dr. Davis. If Your Honor recalls, yesterday morning we raised
this list. Transocean asked for an opportunity to review it.
They have reviewed it, and there are no objections as far as
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I'm aware.
THE COURT: All right. Anybody else object?
Without objection, those are admitted.(WHEREUPON, the above-mentioned exhibits were
admitted.)
MS. KARIS: Then the next list is the exhibits that we
used with Mr. Perkin. We've circulated that and also heard no
objections.
THE COURT: Does anybody object?Without objection, those are admitted.
(WHEREUPON, the above-mentioned exhibits were
admitted.)
MS. KARIS: Thank you, Your Honor.
MR. GODWIN: Your Honor, again, Don Godwin for
Halliburton.I have here, Your Honor, the exhibits that we
brought into court on the direct examination of Tommy Roth. We
circulated last evening those exhibits. To my knowledge, there
are no objections, Your Honor. We'd ask they be admitted.
THE COURT: Does anybody object to Halliburton's
exhibits relating to Mr. Roth?All right. Without objection, those are
admitted.
(WHEREUPON, the above-mentioned exhibits were
admitted.)
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MR. GODWIN: Thank you, Judge.
MR. REGAN: Good morning, Your Honor. Matt Regan on
behalf of BP.Also with respect to Mr. Roth, I have a list of
exhibits that I offered during his examination and would offer
those to be admitted at this point in time.
THE COURT: All right. Does anybody object to these
exhibits?
Without objection, those are admitted.(WHEREUPON, the above-mentioned exhibits were
admitted.)
MR. REGAN: Secondly, in connection with some
discussion at the Working Group Conference on Friday, I have a
list of the specific cull outs that have been used from the
admitted exhibits for the first two weeks.It's just more for the Court's use. I'll just
hand that up to Stephanie.
THE COURT: Very well. You've circulated that?
MR. REGAN: Yes, sir.
THE COURT: Thank you.
MR. REGAN: Thank you.THE COURT: Does anybody have any other preliminary
matters?
Let's just briefly look at what the lineup is
going to be for today.
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Mr. deGravelles, I see you're standing, so I
guess you're going to call the next witness?
MR. DEGRAVELLES: Yes, Your Honor.THE COURT: Who is that going to be?
MR. DEGRAVELLES: Joe Keith.
THE COURT: Who is going to be the next plaintiffs'
witness?
MR. DEGRAVELLES: I believe it's going to be
Jeff Webster.THE COURT: According to my notes, that would be it
except for Mr. Quirk, live, in terms of live witnesses?
MR. DEGRAVELLES: That's correct, Judge.
THE COURT: Are you all still planning on playing that
video today?
MR. DEGRAVELLES: No, Judge.THE COURT: You're not going to play it.
All right. Then, there are some depositions
that need to be admitted, as I understand it, correct?
MR. HERMAN: Yes, Your Honor.
THE COURT: All right. Let's proceed.
Mr. Keith.THE DEPUTY CLERK: Would you raise your right hand. Do
you solemnly swear that the testimony you are about to give
will be the truth, the whole truth and nothing but the truth,
so help you God?
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3488
THE WITNESS: I do.
JOSEPH KEITH
was called as a witness and, after being first duly swornby the Clerk, was examined and testified on his oath as
follows:
THE DEPUTY CLERK: Please take a seat.
CROSS-EXAMINATION
BY MR. DEGRAVELLES:
Q. Good morning, Mr. Keith.A. Good morning.
Q. My name is John deGravelles. I represent the Plaintiff
Steering Committee, and I'm asking going to be asking you some
questions on cross-examination.
Can you tell us your full name and where you live?
A. My full name is Joseph, J-O-S-E-P-H, Eric, E-R-I-C, Keith,K-E-I-T-H. I reside in Opelousas, Louisiana.
Q. You work for Sperry-Sun?
A. Yes, sir.
Q. You currently do?
A. Yes, sir.
Q. Sperry-Sun is a part of Halliburton; is that right?A. Yes, sir.
Q. April 20th of 2010, you were the mud logger on duty on the
Deepwater Horizon, correct?
A. Yes, sir.
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Q. You were the mud logger on duty at the time and prior to
the time of the explosion; is that true, sir?
A. Yes, sir.Q. At that time -- at the time that you worked on the
Deepwater Horizon, you did not have any kind of supervisor; is
that true?
A. No, sir. I've been lead logger.
Q. You were your own boss, correct?
A. Yes, sir.Q. But when you did report to someone on the rig, you would
report to the BP company man? Well site leader?
A. Yes, sir.
Q. Then the rig floor, I think is the phrase that you used in
your deposition?
A. Correct. Yes, sir.Q. When you talk about the rig floor, you're talking about
the drill crew or the driller?
A. The driller and the AD, assistant driller.
Q. All right. Is it your view of your job in relation to the
other people on the rig that you were a backup or a second pair
of eyes?A. Yes, sir. Backup. Second.
Q. Who had the first pair of eyes, in your view, Mr. Keith?
A. The rig floor, the AD, and the driller and the company
man.
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Q. All right. So you talked about the well site leader for
BP, correct?
A. Yes, sir.Q. Driller for Transocean?
A. Yes, sir.
Q. The assistant driller, also an employee of Transocean; is
that true?
A. Yes, sir.
Q. On the late afternoon and evening of 4/20, yourresponsibility was to monitor data and well conditions that
came into your mud logger shack; is that true?
A. Correct. Yes, sir.
Q. If you saw any anomalies, anything unusual, anything
strange, anything that raised any questions in your mind, your
duty was to report that to the well site leader and to the rigfloor; is that true?
A. The rig floor first, yes, sir.
Q. Rig floor first --
A. Correct.
Q. -- and then follow to the well site leader?
A. Correct.Q. The primary tool that you had to work with in gathering
the data, interpreting the data, was realtime data; is that
true?
A. Yes, correct.
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Q. Displayed to you on a computer in your well logger's
shack; is that true -- mud logger's shack?
A. Correct.Q. Now, that data that you had in your mud logger's shack is
also available realtime to other people on the rig; isn't that
true, sir?
A. Correct. Yes, sir.
Q. The well site leader had the same exact information or
data that you had, correct?A. Correct.
Q. The Transocean driller and assistant driller had available
the same exact data that you had?
A. Correct, but they had their own. The driller and the
company man had their -- the Transocean data also displayed on
their ends, but not on my end. I just had my data --Q. Okay.
A. -- that I gathering.
Q. Yes, sir. I'm sorry, I didn't mean to interrupt you.
A. That's okay.
Q. So in terms of the data that you had and the data they
had, both were realtime, correct?A. Correct.
Q. They had your data, which was the Insite, Sperry-Sun
Insite data; is that true?
A. Correct. Yes, sir.
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Q. Not only did the well site leader and the driller and the
assistant driller on the rig have that realtime data, but, back
in BP's office in Houston, anybody who wanted to look at it,the drilling engineers, the geologist, that data was available
to them realtime back in Houston; isn't that true?
A. Correct.
Q. Now, Carl, if you could pull up 3185, please.
I ask you to take a moment to look at this and locate some
things for us that will be important to your testimony.Carl, could you, first of all, kind of zoom in on the main
deck.
Do you have a laser up there?
A. Yes, I do.
Q. Good.
THE COURT: Don't point it at anybody's eyes, okay?THE WITNESS: Yes, sir.
BY MR. DEGRAVELLES:
Q. On this particular illustration -- first of all, does this
accurately represent in terms of the Deepwater Horizon where
the various things shown on this illustration were located?
A. It looks accurate, yes, sir.Q. We see the mud logger's shack, correct?
A. Correct.
Q. It's called a shack, but it's really an office, right?
That's an --
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A. Correct.
Q. -- oilfield term.
That was your office, was it not?A. Yes, sir.
Q. Then we have, on that same deck, trip tanks one and trip
tanks two, correct?
A. Correct.
Q. Tell the judge what a trip tank is.
A. A trip tank is when they monitor tripping in and out ofthe hole. As you're tripping in, you get mud back for
displacement. As you're tripping in the hole, it's used to
fill back -- when you're tripping in the hole, it takes returns
back to the trip tank. That way, they can monitor how many
barrels comes back. It's the opposite when they're pulling out
hole, it keeps the hole filled.Q. If you would, Carl, pull up on the second deck.
All right. This is the deck below where your mud logger
shack is located, correct?
A. Correct.
Q. This shows the mud pits, correct?
A. Correct.Q. Those are located where they were located on the
Deepwater Horizon; is that true?
A. Yes, sir.
Q. Also, the mud tank --
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A. Yes.
Q. -- mud tanks, correct --
A. Correct.Q. -- and mud pump.
How many mud pits were there on the Deepwater Horizon, if
you remember?
A. We were able to, I think, monitor, like, 20, 20 pits, mud
pits.
Q. All right. With respect to the --Let's go to 2224, please.
The other illustration didn't really show us where your
mud logger shack was in relation to the drill floor, but can
you -- does this document help you describe, when you were
doing your job in the mud logger shack, where it was in
relation to where the drill floor was and the driller's shack?A. Yes.
Q. Were you on the same level?
A. Yes, sir.
Q. But how far in distance were you physically?
A. My unit was about, I'd say, maybe 15 feet from the
firewall outside the rig floor.They have a big metal door to where we would go in to go
onto the rig floor; but, it's the exact same level as the rig
floor.
Q. All right. So you were close to the rig floor, correct?
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A. Yes, sir.
Q. All right. If you wanted, for whatever reason, to see
something on the rig floor, you would have no problem findingit, accessing it?
A. No problem whatsoever.
Q. All right. If you would then go to D-3188.
Is this a picture, Mr. Keith, of the mud logger shack on
the Deepwater Horizon?
A. Yes, sir.Q. If you would then go to D-3183.
Is this picture of the interior of the mud logger shack?
A. Yes, sir. It's similar.
Q. Now, this, I believe, was taken in 2003, so tell us the
difference between what we're looking at.
This is on Deepwater Horizon, circa 2003. How is thispicture different from the way it was in April of 2010?
A. We had a TV that was placed on -- on this -- there it is,
yeah.
We had a TV right here, where we could flip and see the
different channels on, like, the rig floor, the flow line, the
main deck.We had another monitor just above here that was -- we
would get WITS data from the cementing unit.
Q. What kind of data?
A. It's called WITS data.
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Q. Spell that.
A. That's WITS, W-I-T-S. It's all capital letters.
What that would do is when Halliburton was testing BOPs orperforming a cement job, their data would come into our system,
and we would be able to display it on another display that the
rig floor could see and so forth.
Q. On that particular screen that you're pointing out to us?
A. Yes, sir. That was just the WITS system, but it was
displayed on a different monitor for the rig floor and to sendthrough the TV system for the rig.
Q. The first TV we're talking about actually allows you to
see -- there is a camera that feeds into that TV, correct?
A. Correct.
Q. You would flip the channel, and you could see different
parts of the rig, correct?A. Correct. Yes, sir.
Q. Tell the Judge those parts of the rig that you could see
through that camera.
A. We could see the main deck outside the living quarters.
We could see the flow line. We could see -- the flow line is
where they get the returns from downhole that goes to theshakers and the pits and so forth.
Then we could actually see the rig floor, what was going
on on the rig floor, making up BHA's and so forth.
Q. So you could see the rotary table?
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A. Correct.
Q. You could see anything that was happening on the rig?
A. Correct. Yes, sir.Q. All right. Then, with respect to the other cameras -- or
the other screens that we see here on, in particular, D-3183,
you've told us the differences. Are these other screens the
same, essentially, as they were in April of 2010?
A. Yes, sir.
Q. All right. Can you, just with your laser, tell us whatthe different screens are?
A. Okay. The two on the top, that was our IRIS computer
system. That's where we would configure our pits, like from
the shaker room, where the rig floor would call us and tell us
which pits were on active, which pits were on reserve. We
would have to change our configuration over.The same thing with the active mud pits -- I mean, active
mud pumps. If they switched from downhole to the boost pump,
we would have to change the alignments of how the pumps work.
We also had a display right here that we would watch. It
was a time-based --
Q. Now, is that your Sperry-Sun Insite screen?A. Yes, sir.
Q. That's where it was located in April of 2010?
A. Correct. Yes, sir.
Q. Keep going.
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A. The two on the bottom, that was our main server computer,
which is called the ADI. It's the main database computer. It
stores the data.What we do with these two monitors, on the right, that's
the display that the driller sees, and it goes through the TV
system also.
Anybody on the rig, when they are inside the living
quarters, they can flip and see our displays, whichever display
we have up, whichever display they want first to pull up.On this other screen, on the left side, that was for us
just to open up certain boxes to put in remarks and so forth.
Q. Anywhere amongst those screens would you able to access
the HITEC data?
A. The HITEC? That would be a Profibus system. That's the
data we were getting through from Transocean that was cominginto our system.
To access it, you could get it on any one of the computers
because they were all networked together. We had work stations
where you could just get into it and see the data, the actual
data itself that's stored.
Q. So you had access, obviously, to the Sperry-Sun realtimedata called Insite, correct?
A. Correct.
Q. Then you also, if you wanted to, could access the
Transocean data through the HITEC system, correct?
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A. Well, no. The data was coming in. That was the Profibus.
We could actually see what the data was because it was being
stored. That's how it would get their data.Q. I'm sorry. You could access it on your computer in your
mud logger's shack; is that true?
A. Correct. Yes, sir.
Q. If you could pull up D-3184.
Do you recognize that, Mr. Keith?
A. Yes, sir.Q. That's the driller shack, correct?
A. Yes, sir.
Q. This is the way it looked in April of 2010,
Deepwater Horizon, correct?
A. Yes, sir.
Q. Is it true then that the driller and the assistant drilleror anybody in the drill shack could have access to the
Sperry-Sun data?
A. Correct. Yes, sir.
Q. Do you see that displayed in the proper place in this
picture?
A. Yes, sir. But there was some changes that they had did.On the left and right, they had dual monitors.
Q. But, in any event, with that exception, they could still
see your Insite data, correct?
A. Yes. They would change the configuration, you know, like
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the channel, to see whatever, whichever one they wanted to put
up.
Q. Then there was also a display for the HITEC?A. Correct. Yes, sir.
Q. That was located where it is shown in this photograph; is
that true?
A. Yes, sir. That would be -- the drillers could see their
data here, in the middle. That's where their displays and
stuff that they had set up for their own system.Q. Let's go to D-2188.
Does this photograph show the -- what the display would
like on your Sperry-Sun Insite?
A. Yes, sir. That looks like a time-based log, yes, sir.
Q. When you say time-based log, that is one of the things
that you can pull up from your Sperry-Sun Insite program?A. Correct. Yes, sir.
Q. Then on the left-hand side, do we see the HITEC data
display?
A. Yes. That looks like Transocean's, yes, sir.
Q. I just want to be clear because I'm not right now. In
terms of what you had, you could look at in your mud logger'sshack, you clearly could look at the screen that we see on the
right, the Sperry-Sun, correct?
A. Correct. Yes, sir.
Q. But you could also see the display on the left, correct?
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A. Not in my unit, no, sir.
Q. You could not see it -- when say your unit, your office,
the shack?A. Correct.
Q. So if you wanted to see the HITEC display, where would you
go to see it?
A. I'd have to go to the rig floor.
Q. All right, meaning the driller shack?
A. The driller shack, yes, sir.Q. Okay. Then, if we could go to --
Before we get there, let me ask you this: In terms of the
data itself, what is the importance of -- as you're watching
this screen, what is the importance -- let's talk about the
Insite, Sperry-Sun Insite data. What is the importance of what
you're looking at in terms of monitoring for a kick?A. It's very important.
Q. You know what a kick is, of course?
A. Yes, sir.
Q. And you acknowledge that a kick is a very bad thing?
A. Yes, sir.
Q. Because it can lead to a blowout, as it did in this case?A. Correct.
Q. It can lead to death and destruction, as it did in this
case, correct?
A. Correct. Yes, sir.
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Q. So a very important part of your job, Mr. Keith, is to
monitor the data that you have available to you for kicks,
true?A. Yes, sir.
Q. Now, you also know, do you not, what displacement is?
A. Yes, sir.
Q. Tell the Judge what displacement is.
A. There is different types of displacement.
When they are tripping in the hole, you get your returnsback, so much per stand, that we track, the rig floor tracks to
make sure everything is fine with the well.
The same thing with -- the opposite, when you're pulling
out the hole, you have to keep the hole full because of the
displacement when the pipe is coming out of hole.
Q. There was a kind of displacement going on on theDeepwater Horizon on April 20th, correct?
A. Correct. They were displacing from synthetic mud to
seawater.
Q. We're going to talk more about that in a moment.
But the kind of displacement that was going on during your
shift on April 20, 2010, was a safety critical activity, wasn'tit?
A. I don't know what you mean, safety critical.
Q. If you could pull up Mr. Keith's deposition, page 70, line
six to 71, line five.
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MR. HARTLEY: Before we pull that up, I object,
Your Honor. I think it's improper use of his deposition for
impeachment. Mr. Keith just said he doesn't understand whatMr. deGravelles means by safety critical.
As you can see in the deposition, I lodged the
same objection at the time.
THE COURT: Well, I haven't seen the extent of the
deposition.
MR. DEGRAVELLES: I think this will hopefully help thewitness understand -- or refresh his recollection with respect
to that.
BY MR. DEGRAVELLES:
Q. All right. Beginning at line six, "Because monitoring the
well during displacement is a critical activity, is it not?"
You answered, "Yes, it is."And the question was, "It's a safety critical activity, is
it?" Answer, "Yes."
Is that the testimony you gave in your deposition?
A. Yes.
Q. It is a safety critical activity because if you miss a
kick, then it can turn into a blowout, and you end up with asituation that existed on the Deepwater Horizon on April 20,
2010; isn't that true?
A. Correct. Yes, sir.
Q. You can pull that down.
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If you see any unusual signs that might be a kick, even if
you're not sure that it's a kick, it's something that you would
want to immediately report first to the rig floor, driller orassistant driller, and then to the company man; is that true?
A. Yes, sir.
Q. In carrying out your job to look for signs of a kick,
among other things that you would look at would be drill pipe
pressure, correct?
A. Correct.Q. Flow in?
A. Correct.
Q. Flow out?
A. Correct.
Q. And pit volume?
A. Correct.Q. Now, we heard an expert last week say that the gold
standard for kick detection is pit volume, flow in and flow
out. Would you agree with that?
A. Pit volume, flow in and flow out?
Q. Yes, sir.
A. Yes, correct.Q. You would agree that the safest way, the safest way to
monitor for a kick is to have -- to monitor all three of those
things?
A. Repeat the question.
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Q. Yes, sir. The safest way to monitor for a kick is to
monitor flow in and flow out, drill pipe pressure and pit
volume?A. Correct.
Q. All right. If we could pull up D-3182.
All right. Earlier, we saw a screen that had the Sperry
Insite screen with no data on it; but, does this document show
illustratively what it looks like when you have data streaming?
A. Correct. Yes, sir.Q. You said it's a flow chart, right?
A. Correct.
Q. So that when you're sitting at the screen, you actually
see these strips, if you will, moving?
A. Correct. Yes, sir.
Q. The thing that you're doing to see whether or not thereare any potential signs for a kick is you're looking for
trends?
A. Correct, yes, sir.
Q. You have been trained to understand what an increase means
or a decrease means on these various lines; is that true?
A. Correct.Q. If we could then go to D-2357.
But if you want to switch from one way of looking at the
information to a digital way of looking at the information, you
can do that on the Sperry site -- I'm sorry, Sperry-Sun Insite
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program, correct?
A. Yes, sir, correct.
Q. In fact, this is a picture of what it would look like,without, obviously, any numbers on it, but this is what the
digital screen for the Sperry-Sun Insite data looks like,
correct?
A. That's similar. I mean, there are different visual
displays.
Q. But similar to that?A. Correct. Yes, sir.
Q. And you can switch from one to the other if you want to?
A. Correct.
Q. And if you -- let's go back to 3182.
And if you want to enlarge the scale, so that you can look
more closely at some of these figures on the screen, you can dothat, correct?
A. Correct. But these are time logs, and our depth base logs
were specifically made for BP. We sent the same templates.
That way our displays would match their displays in town. That
way if we got a call, we would be able to see exactly what they
were looking at.But these log templates that -- we had them on the rig,
were specifically sent to BP in town so they could have the
same displays. We never did modify unless we got a call from
town to modify the scale changes or anything like that.
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Q. So if you wanted to -- let's say you were concerned about
a trend and you just wanted to look more carefully at it. You
had the physical ability by adjusting something on thiscomputer to enlarge the scale, correct?
A. Correct. Yes, sir.
Q. And if you wanted to do that, are you telling me you had
to call BP in Houston to get permission to --
A. No, sir.
Q. You could do it without calling anybody, correct?A. Correct. Yes, sir.
Q. And if you wanted to isolate one of these parameters so
that you wouldn't be distracted by anything else on the screen,
you could do that also?
A. Correct. Yes, sir.
Q. All right. If we could go to D-2357 again.And if you wanted, rather than to look at the squigglies
and compare the squigglies as they rolled along with the data,
if you wanted to see what the numbers were and compare numbers
to numbers as opposed to looking at the information on the
graph, this is what the -- the system you could do by just
switching the screen; is that true?A. Correct. Yes, sir.
Q. All right. Now, you told us that the driller, the
assistant driller, the well site leader and you, all had access
to this information on the rig, correct?
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A. Yes, sir.
Q. And you also said that BP folks in Houston had access to
it, correct.A. Correct.
Q. Now, was there any data that Transocean had that you
didn't have access to?
A. As far as I know, no. I was getting all their data.
Q. Let me suggest to you that with respect to Hitec, the
Hitec flow-out data, you didn't have the access to that, didyou, sir?
A. No, sir.
Q. And you mentioned that flow out is one of those gold
standard parameters for kick detection, correct?
A. Correct.
Q. Do you know why you were not given access to Transocean'sHitec flow-out data?
A. Yes, I do. Mr. Charlie Jay, he was the petrophysicist for
BP, he wanted us to use our flow out because it's more
sensitive. The rig -- the rig had a flow-out system called a
flow addle. Theirs would only register like 30 percent flow
out when we were getting 100 percent returns, and we wouldalways try to figure out why it would read only 30 percent. We
would say, "Well, 30 percent of what? It should be reading 100
percent."
Ours we calibrated -- flowing 1200 gallons a minute, we
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put our flow out at 1200 gallons a minute. We could put in
five-point calibrations on ours to where we could read a pencil
flow out of the flow line, because we ran a program calledConnection Flow Monitor while we were drilling.
When they turned the pumps off, the system would pop up
and start running. It would store up -- up -- up to 20 screen
captures of the flow out prior to making a connection. And
ours would actually read that pencil flow out and Transocean's
would not.Q. All right. Sir, if I'm hearing what you're saying,
Mr. Keith, the flow-in data that you had with the Insite system
was much more sensitive than the Hitec information measuring
the same thing?
A. Correct.
Q. And so BP wanted you to use your more sensitive system,correct?
A. Correct.
Q. But if your system was out or down for any reason, did you
have the ability to switch over and gather the Hitec flow-out
data?
A. I really don't remember, no.Q. In your deposition, sir, that you said you did not have
it, you certainly wouldn't dispute that today, would you?
A. Correct.
Q. Let's talk about what was going on on April 20th of 2010.
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First of all, you have BP, who is the operator, correct?
A. Correct.
Q. Transocean has the drill crew, correct?A. Correct.
Q. And you provide the mud logging services?
A. Correct.
Q. Now, with respect to what's going on during the
displacement that you described, on April 20th who is in charge
of saying what activities are going to go on or what activitieswill not be going on?
A. It's BP.
Q. And BP then had the authority to say to the rig:
Displacement is a safety-critical activity. We're not going to
have anything going on during the displacement that might
confuse or confound anyone. Correct?A. Correct.
Q. They could have done that if they would have wanted to,
correct?
A. Correct. Yes, sir.
Q. But, in fact, on the evening of April 20th of 2010, there
were many activities going on, weren't there?A. Yes, sir.
Q. All right. If we could pull up the HESI demonstrative
8167.1 -- the Halliburton demonstrative.
All right. Take a moment to -- have you seen this before?
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A. Yes, sir.
Q. All right. And does that -- and we're going to go through
these very quickly, but I want to make sure your testimony isall these things that are listed on this demonstrative are
things that were happening on the afternoon and evening of
April 20, 2010, correct?
A. Yes, sir.
Q. You had been switched by BP from a closed system, which
we'll talk about in a minute, to an open system fordisplacement, correct?
A. Correct.
Q. There was repeated flushing of trip tanks during the
displacement, correct?
A. Yes, sir.
Q. There was staggering of rig pumps?A. Yes, sir.
Q. Emptying of sand traps?
A. Yes, sir.
Q. Transferring mud between pits?
A. Yes, sir.
Q. Diverting fluid overboard?A. Yes, sir.
Q. Which had the effect of bypassing your flow-out sensor
that we were talking about a minute ago?
A. Yes, sir. Correct.
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Q. Offloading mud to the Damon Bankston?
A. Correct.
Q. And operating the crane?A. Correct.
Q. Is that correct?
A. Yes, sir.
Q. Now, is it true, is it not, Mr. Keith, that during a
normal displacement -- you've been through this kind of
procedure before, have you not?A. Yes, I have.
Q. During the normal way that this was done, everything would
be at a standstill, correct?
A. Yes, sir.
Q. There would be no rig activity, correct?
A. Correct.Q. Nine out of ten times, BP would cease all other activity
because this is a safety-critical activity, correct?
A. Correct.
Q. And in your 18 years of working offshore, you have never
seen all of these simultaneous activities going on during
displacement; isn't that true?A. It's never been like this before.
Q. All right.
A. Correct.
Q. And BP never came to you, Mr. Keith, before they started
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all these activities and said, "Joe, we're fixing to do all
this stuff that you see on this demonstrative, we're concerned
that might affect some of the things that you do." They nevercame to you and said anything like that, did they?
A. They never did.
Q. And, as a matter of fact, you were never asked to
participate in any kind of risk assessment, were you?
A. No, sir.
Q. If we could pull up TREX 93. This is the DWOP -- this isthe DWOP GP 10-00, and then if you go to page 96.
I'm going to read something to you that's highlighted,
Mr. Keith, and ask you something about it.
And under risk assessment, Carl, could you enlarge it and
then highlight it.
Under risk assessment, "An assessment of operations shallbe performed on each facility or field in order to identify the
possible risks associated with simultaneous operations across
the complete range of well activities. Appropriate constraints
or mitigating actions and specific procedures shall be
applied."
Now, Mr. Keith, were you aware that BP had a rule thatrequired there to be a risk assessment before you had all these
simultaneous activities going on? Were you aware of that?
A. Repeat the question.
Q. Yes, sir. Were you aware that there was a rule that
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required BP to do a risk assessment before they would have all
of these activities going on at the same time?
A. Yes, sir.Q. And on April 20th of 2010, was there, to your knowledge,
any risk assessment performed?
A. Not that I know of, sir.
Q. All right. You can take that down, Carl.
Now, you would agree with me, would you not, Mr. Keith,
that these simultaneous operations hindered some of these goldstandard ways in which you normally monitor for a kick,
correct?
A. Yes, sir.
Q. And if you could pull up D-3181.
Would you agree with me that the simultaneous operations
hindered your ability to look at flow-in data, flow-out dataand pit volume?
A. Correct.
Q. And although you were still able to monitor some
parameters, you would agree that you were not able to monitor
them in a way that allowed you to accurately identify kicks;
isn't that true, sir?A. Yes, sir.
Q. All right. If we could go to D-3186.
Have you seen that illustration before?
A. I've seen one similar, yes, sir.
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Q. All right. Now, this is the normal operation of what you
do in terms of monitoring for flow in, flow out, and pit volume
of -- it's called a closed system, correct?A. Correct. Yes, sir.
Q. Can you tell the judge what you understand that to mean?
A. A closed system is when the mud comes from the pits to the
mud pumps, goes down the drill pipe, downhole into the wellbore
and back up your annulus, across the flow line, across the
Gumbo Buster, across the shakers, gas traps, and then it'ssupposed to go through the sand traps, and then back to the
active pits, or the reserve pits, whichever pits they want to
go to.
Q. In terms of doing your job for monitoring for kicks, what
is it about there being a closed system that allows you -- or
helps you in monitoring for a kick?A. If they have the returns going to certain pits, will be
able to track how much mud is coming back versus how much is
going downhole and so forth. We'll actually get the full
amount of numbers and see if there are any changes that way.
Q. In fact, you want to see what's going in is the same as
what's coming out, correct?A. Correct. Yes, sir.
Q. If what's going in is not the same as what's coming out,
you may have a problem, correct?
A. You got a problem, correct.
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Q. Now, one of the things that BP did during this
displacement on April 20, 2010, was to convert this from this
closed system to an open system; is that true?A. Yes, sir.
Q. They were pumping seawater from a sea chest into the well,
is that correct?
A. Yes, sir.
Q. And you did not have any sensor or monitor to gauge the
volume of seawater which was going into the well, correct?A. Correct.
Q. And when you had fluids coming out of the well, because of
the displacement and they were discharging from different tanks
and diverting from your normal system, you were not able to get
the flow out either, were you?
A. Correct.Q. If we could go to D-3179.
All right. I want you to take a moment to look at that,
Mr. Keith, and tell me whether or not this will assist you in
kind of telling us the difference between the way it was before
the diversion of mud till after the diversion of mud.
While you're looking, let me ask you: Do both of these,on the left and the right, the before and the after, do they
show different sensors that pick up both flow in and flow out?
A. Yes, sir.
Q. And do they also show the camera?
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A. I'm trying to pinpoint which one is the camera.
Q. All right. Let me back up and ask it this way. In terms
of -- you mentioned that there were different sensors on yoursystem, correct?
A. Correct.
Q. And you told us that the one that the Insite system used
was a lot more precise --
A. Yes, sir.
Q. -- than the one that the Hitec system used.Where -- and you can describe, not necessarily -- if you
can show it on this demonstrative, I think it would be helpful
to us, but if you can't, describe for us where these sensors
were and what role they played in giving you information.
A. My sonic sensor was mounted just before the fluid dumped
into the place they call the ossum belly. Okay. It was, Iwould say -- I can't accurately give you how far it was from
the end of flow line, but we could actually see the gate close.
When they went to go overboard, the way the camera is, in an
angle, you can actually see a little bit inside the flow line,
and when they turn the pumps off to check for the -- when
the spacer came up -- a spacer, that's what they pump priorto -- it's an indicator of when the seawater is supposed to be
coming up next. You can actually see when they close the gate.
Q. And I'm really not talking so much about the camera. I am
going to talk about it in a moment, but I'm talking about the
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sensor. You have a sensor that is -- what did you call it?
A. It's a sonic sensor, yes, sir.
Q. You got one that measures flow in?A. No. That's just from the pumps. We put in a pump
configuration in our system, our Insite system, and we put the
strokes, the length. It does the percentage of gallons per
minute.
Q. But you do have a separate sensor for flow out, correct?
A. Correct. Yes, sir.Q. And on April 20th, you could not accurately and
continuously measure flow-in rate, correct?
A. The flow in, yes, sir, we could.
Q. All right. If we could pull up page 273, lines 16 to 20.
Can you enlarge that for us, Carl?
"On April 20, 2010, as the Sperry-Sun mud logger on tour,were you able to accurately and continuously monitor flow-in
rates?
"ANSWER: Not the flow-in rate, no, sir.
"On April 20, 2010, as the Sperry-Sun mud logger on tour,
were you able to accurately and continuously monitor flow out?
"Yes, sir, until the diversion."Now, focusing on that first answer. You did say that you
were unable to accurately and continuously monitor flow rates
on April 20, 2010, correct?
A. Yeah. I misunderstood the question, I guess. Yeah.
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Q. Okay. So the answer is yes?
A. Yeah. The flow rate is from the pumps, yeah.
MR. BROCK: I object to the characterization of thequestion. The first question is flow in, the second question
is flow out.
THE WITNESS: Yeah.
BY MR. DEGRAVELLES:
Q. The first question I asked you is flow in, and you told me
that you could not accurately and continuously monitor flow-inrates on April 20, 2010, correct?
A. The flow rate in?
Q. Yes, sir.
A. I could, yes, sir.
Q. You could or couldn't?
A. I could. It's just the flow out. It's just the flow out.Q. I'm still confused about your answer here.
You said, "Not the flow in, no, sir."
Did you misspeak?
A. Yeah, I must have misunderstood the question.
THE COURT: Wait a minute, sir.
Let me see the whole page of the deposition,because this is kind of out of context. I want to see this in
context. He's answering at the top. He's talking about flow
in, too.
Do you want to read that and let's see if we
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can straighten this out.
BY MR. DEGRAVELLES:
"QUESTION: Flow-in rates."ANSWER: Flow in, the only way I can see the -- I can
monitor the flow in that time was by stroke counts and by my
pump input because they were pumping out of the sea chest,
which is -- there's no pit sensor in there to monitor what's
strictly being sucked out of the pit going downhole. The only
information I get accurately is when I put my pump input fromwhat the rig gives me, a percentage of what they are using for
the pump output, efficiencies and so forth."
And then pull it up, Carl.
THE COURT: Let's see if the witness can explain this,
so we can all understand.
THE WITNESS: You see, they give us a -- what you callit -- percentage rate --
THE COURT: You're usually trying to measure flow in
and flow out, right?
THE WITNESS: Yes, sir.
Our Insite system for all their re- -- pumps
that they have, they give us a percentage of the accuracy ofwhat their pumps -- the output is, like 85 percent or
95 percent, and they give us that percentage. We put in the
liner size of the pumps, and it gives us an accurate number
that we compare with what the rig floor is showing for his flow
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in. That's the only way we get our flow in, is by the pump
input that we put, that they give us, accuracy.
THE COURT: You're doing it that way, why?THE WITNESS: That's how we set up our pumps.
THE COURT: That's how you set up.
THE WITNESS: Yes, sir. That's how we get our accurate
flow in.
THE COURT: I was trying to understand if this had
anything to do with -- you said earlier at some point they werebypassing your sensor.
THE WITNESS: Now, what I think he's talking about
is -- you see, there was no pit sensors in the sea chest.
And --
THE COURT: Where the seawater was coming?
THE WITNESS: Correct. I couldn't accurately see howmuch was being pumped out of the pit going down the hole.
Is that correct?
MR. DEGRAVELLES: That's your testimony.
THE WITNESS: Yeah. Since they were taking it from a
sea chest instead of pumping it to -- the seawater to a
separate pit, that way I can monitor -- that way I would havebeen able to monitor how much was coming out of the pit going
downhole.
The only way I could accurately monitor what
was going in-hole was by the stroke counts by what they give
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us.
THE COURT: What about the outflow, were you able to
monitor that?THE WITNESS: No. They were going directly to the boat
with the returns.
THE COURT: That's because it was bypassing your
sensor?
THE WITNESS: Correct. Yes, sir.
THE COURT: Okay.MR. BROCK: I don't mean to interrupt, but there is a
specific time at which that occurred. I guess that's not an
objection, but a point.
THE COURT: Well, I'm sure it will all become crystal
clear by the time you finish, Mr. Brock. I'm just trying to
get some idea of what he was talking about in relation to allof this.
MR. DEGRAVELLES: Let me make sure I understand, too,
Judge.
THE COURT: Okay.
BY MR. DEGRAVELLES:
Q. You've got flow in and what was flowing into the well, atleast at some point in time, was seawater, correct?
A. Correct.
Q. And you didn't have a sensor to allow you to measure the
flow in from the seawater because it was coming from the sea
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chest?
A. Correct.
Q. And there is a separate flow-out sensor that you have?A. Yes, sir.
Q. And you couldn't -- after the diversion, you couldn't make
use of that as well, correct?
A. Correct. They had it bypassed.
Q. If we could go then to --
THE COURT: Since Mr. Brock raised the point, do weknow what time that occurred?
MR. DEGRAVELLES: We do know, Judge, but that's going
to be in his testimony later.
THE COURT: Okay.
MR. DEGRAVELLES: I don't have it off the top of my
head. Well, he just answered it.Q. Do you know what time it occurred or relatively what time
it occurred?
A. No, I don't.
Q. It was certainly before the explosion, correct?
A. Yes, sir.
Q. Okay. Let's go to D-3187, please.And what is that?
A. That's a sonic flow-out sensor. That's one of ours that
we used.
Q. When you said the flow-out sensor was diverted, is this
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the flow-out sensor that was bypassed because of the diversion?
A. That's not ours on the rig. Ours wasn't like that on the
rig. It's mounted like that, but it's not a picture of ours onthe Horizon.
Q. Go to 2189, D-2189.
Have you seen that before?
A. I've seen one similar.
Q. All right. Does that indicate in this diagram the mud
pit, the flow-out camera, the flow-out sensor, and the Hitecflow-out sensor?
A. Yes. I see everything, yes.
Q. And when the diversion began, the Sperry-Sun flow-out
sensor was bypassed, correct?
A. Correct.
Q. So you could no longer make use of that; is that true?A. Yes, sir.
THE COURT: Excuse me. That means -- assuming those
are valves that are the green -- what looks like a green bowtie
and a red bowtie --
THE WITNESS: Yes, sir. The valves were shut.
THE COURT: -- so that would be reversed?THE WITNESS: Correct.
THE COURT: What's shown on the diagram, the green
would be closed and the red would be open, is that what you're
saying?
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THE WITNESS: Yes, sir.
THE COURT: And that would cause the bypass of your
sensor?THE WITNESS: Yes, sir.
THE COURT: Okay.
BY MR. DEGRAVELLES:
Q. And we see in this D-2189 the flow-out sensor for Hitec,
do we not?
A. Yes. I don't know exactly where their sensor was mounted.Q. Do you know that the sensor was mounted in a place that
even after the diversion that the Hitec flow-out sensor would
provide information for flow out?
A. I guess, I'm not sure. I would have to -- I don't know
exactly where their sensor was mounted.
Q. In any event, you earlier told us that even if thatflow-out sensor did provide information about the amount of
flow out, you did not have access to that information, correct?
A. Correct. Yes, sir.
Q. Let's talk about pit volumes for a minute. Tell the judge
about how you measure for pit volume.
Let me just ask it this way. Isn't it one of those thingswe see on that Insite data screen?
A. Yes, sir.
Q. All right. But in terms of where the pit is that -- where
the sensors are that allows that information to come on your
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screen, where is that located?
And if we could go back maybe to D-3185. Are you able to
see or locate for us where that -- the pit or pits would bethat would provide the data to the computer program that allows
you to see what the pit volumes are?
A. Yes. They are on the second deck, I guess, inside the rig
second deck area.
Q. Could you take your laser and point out to us where that
would be.A. The pits are in right here (indicating).