March 13, 2013 AM

7/29/2019 March 13, 2013 AM

1/212

1

2

3

4

5

6

7

8

910

11

12

13

14

1516

17

18

19

20

2122

23

24

25

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

7/29/2019 March 13, 2013 AM

2/212

1

2

34

5

6

7

8

910

11

12

13

14

1516

17

18

19

20

2122

23

24

25

OFFICIAL TRANSCRIPT

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

7/29/2019 March 13, 2013 AM

3/212

1

2

34

5

6

7

8

910

11

12

13

14

1516

17

18

19

20

2122

23

24

25

OFFICIAL TRANSCRIPT

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

7/29/2019 March 13, 2013 AM

4/212

1

2

34

5

6

7

8

910

11

12

13

14

1516

17

18

19

20

2122

23

24

25

OFFICIAL TRANSCRIPT

3474


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

7/29/2019 March 13, 2013 AM

5/212

1

2

34

5

6

7

8

910

11

12

13

14

1516

17

18

19

20

2122

23

24

25

OFFICIAL TRANSCRIPT

3475


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

7/29/2019 March 13, 2013 AM

6/212

1

2

34

5

6

7

8

910

11

12

13

14

1516

17

18

19

20

2122

23

24

25

OFFICIAL TRANSCRIPT

3476


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

7/29/2019 March 13, 2013 AM

7/212

1

2

34

5

6

7

8

910

11

12

13

14

1516

17

18

19

20

2122

23

24

25

OFFICIAL TRANSCRIPT

3477


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.

7/29/2019 March 13, 2013 AM

8/212

1

2

34

5

6

7

8

910

11

12

13

14

1516

17

18

19

20

2122

23

24

25

OFFICIAL TRANSCRIPT

3478


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

[email protected]

PROCEEDINGS RECORDED BY MECHANICAL STENOGRAPHY. TRANSCRIPTPRODUCED BY COMPUTER.

7/29/2019 March 13, 2013 AM

9/212

1

2

34

5

6

7

8

910

11

12

13

14

1516

17

18

19

20

2122

23

24

25

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

7/29/2019 March 13, 2013 AM

10/212

1

2

34

5

6

7

8

910

11

12

13

14

1516

17

18

19

20

2122

23

24

25

08:03AM

08:03AM

08:03AM

08:03AM

08:03AM

08:03AM

08:03AM

08:03AM

08:03AM

08:03AM

08:03AM

08:03AM

08:03AM

08:03AM

08:03AM

08:04AM

08:04AM

08:04AM

08:04AM

08:04AM

3480

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.

7/29/2019 March 13, 2013 AM

11/212

1

2

34

5

6

7

8

910

11

12

13

14

1516

17

18

19

20

2122

23

24

25

08:04AM

08:04AM

08:04AM

08:04AM

08:04AM

08:04AM

08:04AM

08:04AM

08:04AM

08:04AM

08:04AM

08:04AM

08:04AM

08:04AM

08:04AM

08:04AM

08:05AM

08:05AM

08:05AM

08:05AM

08:05AM

08:05AM

08:05AM

08:05AM

08:05AM

3481

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

7/29/2019 March 13, 2013 AM

12/212

1

2

34

5

6

7

8

910

11

12

13

14

1516

17

18

19

20

2122

23

24

25

08:05AM

08:05AM

08:05AM

08:05AM

08:05AM

08:05AM

08:05AM

08:05AM

08:05AM

08:05AM

08:05AM

08:05AM

08:05AM

08:05AM

08:05AM

08:05AM

08:05AM

08:05AM

08:05AM

08:05AM

08:05AM

08:05AM

08:05AM

08:06AM

08:06AM

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.

7/29/2019 March 13, 2013 AM

13/212

1

2

34

5

6

7

8

910

11

12

13

14

1516

17

18

19

20

2122

23

24

25

08:06AM

08:06AM

08:06AM

08:06AM

08:06AM

08:06AM

08:06AM

08:06AM

08:06AM

08:06AM

08:06AM

08:06AM

08:06AM

08:06AM

08:06AM

08:06AM

08:06AM

08:06AM

08:06AM

08:06AM

08:06AM

08:06AM

08:06AM

08:06AM

08:06AM

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

7/29/2019 March 13, 2013 AM

14/212

1

2

34

5

6

7

8

910

11

12

13

14

1516

17

18

19

20

2122

23

24

25

08:06AM

08:06AM

08:06AM

08:06AM

08:06AM

08:06AM

08:06AM

08:06AM

08:07AM

08:07AM

08:07AM

08:07AM

08:07AM

08:07AM

08:07AM

08:07AM

08:07AM

08:07AM

08:07AM

08:07AM

08:07AM

08:07AM

08:07AM

08:07AM

08:07AM

3484

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.


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.


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

7/29/2019 March 13, 2013 AM

15/212

1

2

34

5

6

7

8

910

11

12

13

14

1516

17

18

19

20

2122

23

24

25

08:07AM

08:07AM

08:07AM

08:07AM

08:07AM

08:07AM

08:07AM

08:07AM

08:07AM

08:07AM

08:07AM

08:07AM

08:07AM

08:07AM

08:07AM

08:07AM

08:07AM

08:08AM

08:08AM

08:08AM

08:08AM

08:08AM

08:08AM

08:08AM

08:08AM

3485

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.


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.


admitted.)

7/29/2019 March 13, 2013 AM

16/212

1

2

34

5

6

7

8

910

11

12

13

14

1516

17

18

19

20

2122

23

24

25

08:08AM

08:08AM

08:08AM

08:08AM

08:08AM

08:08AM

08:08AM

08:08AM

08:08AM

08:08AM

08:08AM

08:08AM

08:08AM

08:08AM

08:08AM

08:08AM

08:08AM

08:08AM

08:08AM

08:08AM

08:08AM

08:08AM

08:08AM

08:08AM

08:08AM

3486

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.

7/29/2019 March 13, 2013 AM

17/212

1

2

34

5

6

7

8

910

11

12

13

14

1516

17

18

19

20

2122

23

24

25

08:08AM

08:09AM

08:09AM

08:09AM

08:09AM

08:09AM

08:09AM

08:09AM

08:09AM

08:09AM

08:09AM

08:09AM

08:09AM

08:09AM

08:09AM

08:09AM

08:09AM

08:09AM

08:09AM

08:09AM

08:09AM

08:09AM

3487

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?

7/29/2019 March 13, 2013 AM

18/212

1

2

34

5

6

7

8

910

11

12

13

14

1516

17

18

19

20

2122

23

24

25

08:09AM

08:10AM

08:10AM

08:10AM

08:10AM

08:10AM

08:10AM

08:10AM

08:10AM

08:10AM

08:10AM

08:10AM

08:10AM

08:10AM

08:10AM

08:10AM

08:10AM

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.

7/29/2019 March 13, 2013 AM

19/212

1

2

34

5

6

7

8

910

11

12

13

14

1516

17

18

19

20

2122

23

24

25

08:10AM

08:10AM

08:10AM

08:10AM

08:10AM

08:10AM

08:10AM

08:10AM

08:10AM

08:10AM

08:11AM

08:11AM

08:11AM

08:11AM

08:11AM

08:11AM

08:11AM

08:11AM

08:11AM

08:11AM

08:11AM

08:11AM

08:11AM

08:11AM

08:11AM

3489

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.

7/29/2019 March 13, 2013 AM

20/212

1

2

34

5

6

7

8

910

11

12

13

14

1516

17

18

19

20

2122

23

24

25

08:11AM

08:11AM

08:11AM

08:11AM

08:11AM

08:11AM

08:11AM

08:11AM

08:11AM

08:11AM

08:12AM

08:12AM

08:12AM

08:12AM

08:12AM

08:12AM

08:12AM

08:12AM

08:12AM

08:12AM

08:12AM

08:12AM

08:12AM

08:12AM

08:12AM

3490

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.

7/29/2019 March 13, 2013 AM

21/212

1

2

34

5

6

7

8

910

11

12

13

14

1516

17

18

19

20

2122

23

24

25

08:12AM

08:12AM

08:12AM

08:12AM

08:12AM

08:12AM

08:12AM

08:12AM

08:12AM

08:12AM

08:12AM

08:13AM

08:13AM

08:13AM

08:13AM

08:13AM

08:13AM

08:13AM

08:13AM

08:13AM

08:13AM

08:13AM

08:13AM

08:13AM

08:13AM

3491

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?


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?


7/29/2019 March 13, 2013 AM

22/212

1

2

34

5

6

7

8

910

11

12

13

14

1516

17

18

19

20

2122

23

24

25

08:13AM

08:13AM

08:13AM

08:13AM

08:13AM

08:13AM

08:13AM

08:13AM

08:14AM

08:14AM

08:14AM

08:14AM

08:14AM

08:14AM

08:14AM

08:14AM

08:14AM

08:14AM

08:14AM

08:14AM

08:14AM

08:14AM

08:14AM

08:14AM

08:14AM

3492

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 --

7/29/2019 March 13, 2013 AM

23/212

1

2

34

5

6

7

8

910

11

12

13

14

1516

17

18

19

20

2122

23

24

25

08:14AM

08:14AM

08:14AM

08:14AM

08:14AM

08:14AM

08:14AM

08:14AM

08:14AM

08:15AM

08:15AM

08:15AM

08:15AM

08:15AM

08:15AM

08:15AM

08:15AM

08:15AM

08:15AM

08:15AM

08:15AM

08:15AM

08:15AM

08:15AM

08:15AM

3493

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 --

7/29/2019 March 13, 2013 AM

24/212

1

2

34

5

6

7

8

910

11

12

13

14

1516

17

18

19

20

2122

23

24

25

08:15AM

08:15AM

08:15AM

08:15AM

08:15AM

08:15AM

08:16AM

08:16AM

08:16AM

08:16AM

08:16AM

08:16AM

08:16AM

08:16AM

08:16AM

08:16AM

08:16AM

08:16AM

08:16AM

08:16AM

08:16AM

08:16AM

08:16AM

08:16AM

08:16AM

3494

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?

7/29/2019 March 13, 2013 AM

25/212

1

2

34

5

6

7

8

910

11

12

13

14

1516

17

18

19

20

2122

23

24

25

08:17AM

08:17AM

08:17AM

08:17AM

08:17AM

08:17AM

08:17AM

08:17AM

08:17AM

08:17AM

08:17AM

08:17AM

08:17AM

08:17AM

08:17AM

08:17AM

08:17AM

08:18AM

08:18AM

08:18AM

08:18AM

08:18AM

08:18AM

08:18AM

08:18AM

3495

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.

7/29/2019 March 13, 2013 AM

26/212

1

2

34

5

6

7

8

910

11

12

13

14

1516

17

18

19

20

2122

23

24

25

08:18AM

08:18AM

08:18AM

08:18AM

08:18AM

08:18AM

08:18AM

08:18AM

08:18AM

08:18AM

08:18AM

08:19AM

08:19AM

08:19AM

08:19AM

08:19AM

08:19AM

08:19AM

08:19AM

08:19AM

08:19AM

08:19AM

08:19AM

08:19AM

08:19AM

3496

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?

7/29/2019 March 13, 2013 AM

27/212

1

2

34

5

6

7

8

910

11

12

13

14

1516

17

18

19

20

2122

23

24

25

08:19AM

08:19AM

08:19AM

08:19AM

08:19AM

08:19AM

08:19AM

08:19AM

08:20AM

08:20AM

08:20AM

08:20AM

08:20AM

08:20AM

08:20AM

08:20AM

08:20AM

08:20AM

08:20AM

08:20AM

08:20AM

08:20AM

08:20AM

08:20AM

08:20AM

3497

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?


Q. Keep going.

7/29/2019 March 13, 2013 AM

28/212

1

2

34

5

6

7

8

910

11

12

13

14

1516

17

18

19

20

2122

23

24

25

08:20AM

08:21AM

08:21AM

08:21AM

08:21AM

08:21AM

08:21AM

08:21AM

08:21AM

08:21AM

08:21AM

08:21AM

08:21AM

08:21AM

08:21AM

08:21AM

08:21AM

08:21AM

08:22AM

08:22AM

08:22AM

08:22AM

08:22AM

08:22AM

08:22AM

3498

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?

7/29/2019 March 13, 2013 AM

29/212

1

2

34

5

6

7

8

910

11

12

13

14

1516

17

18

19

20

2122

23

24

25

08:22AM

08:22AM

08:22AM

08:22AM

08:22AM

08:22AM

08:22AM

08:22AM

08:22AM

08:22AM

08:22AM

08:22AM

08:23AM

08:23AM

08:23AM

08:23AM

08:23AM

08:23AM

08:23AM

08:23AM

08:23AM

08:23AM

08:23AM

08:23AM

08:23AM

3499

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?


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?


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

7/29/2019 March 13, 2013 AM

30/212

1

2

34

5

6

7

8

910

11

12

13

14

1516

17

18

19

20

2122

23

24

25

08:23AM

08:23AM

08:23AM

08:23AM

08:23AM

08:23AM

08:23AM

08:23AM

08:24AM

08:24AM

08:24AM

08:24AM

08:24AM

08:24AM

08:24AM

08:24AM

08:24AM

08:24AM

08:24AM

08:24AM

08:24AM

08:24AM

08:24AM

08:24AM

08:24AM

3500

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?


Q. But you could also see the display on the left, correct?

7/29/2019 March 13, 2013 AM

31/212

1

2

34

5

6

7

8

910

11

12

13

14

1516

17

18

19

20

2122

23

24

25

08:24AM

08:24AM

08:25AM

08:25AM

08:25AM

08:25AM

08:25AM

08:25AM

08:25AM

08:25AM

08:25AM

08:25AM

08:25AM

08:25AM

08:25AM

08:25AM

08:25AM

08:25AM

08:25AM

08:25AM

08:25AM

08:25AM

08:25AM

08:25AM

08:26AM

3501

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?


7/29/2019 March 13, 2013 AM

32/212

1

2

34

5

6

7

8

910

11

12

13

14

1516

17

18

19

20

2122

23

24

25

08:26AM

08:26AM

08:26AM

08:26AM

08:26AM

08:26AM

08:26AM

08:26AM

08:26AM

08:26AM

08:26AM

08:26AM

08:26AM

08:26AM

08:26AM

08:26AM

08:26AM

08:26AM

08:26AM

08:26AM

08:26AM

08:26AM

08:27AM

08:27AM

08:27AM

3502

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.

7/29/2019 March 13, 2013 AM

33/212

1

2

34

5

6

7

8

910

11

12

13

14

1516

17

18

19

20

2122

23

24

25

08:27AM

08:27AM

08:27AM

08:27AM

08:27AM

08:27AM

08:28AM

08:28AM

08:28AM

08:28AM

08:28AM

08:28AM

08:28AM

08:28AM

08:28AM

08:28AM

08:28AM

08:28AM

08:28AM

3503

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?


Q. You can pull that down.

7/29/2019 March 13, 2013 AM

34/212

1

2

34

5

6

7

8

910

11

12

13

14

1516

17

18

19

20

2122

23

24

25

08:29AM

08:29AM

08:29AM

08:29AM

08:29AM

08:29AM

08:29AM

08:29AM

08:29AM

08:29AM

08:29AM

08:29AM

08:29AM

08:29AM

08:29AM

08:29AM

08:29AM

08:29AM

08:29AM

08:29AM

08:29AM

08:29AM

08:29AM

08:29AM

08:29AM

3504

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.

7/29/2019 March 13, 2013 AM

35/212

1

2

34

5

6

7

8

910

11

12

13

14

1516

17

18

19

20

2122

23

24

25

08:29AM

08:30AM

08:30AM

08:30AM

08:30AM

08:30AM

08:30AM

08:30AM

08:30AM

08:30AM

08:30AM

08:30AM

08:30AM

08:30AM

08:30AM

08:30AM

08:30AM

08:30AM

08:30AM

08:30AM

08:30AM

08:31AM

08:31AM

08:31AM

08:31AM

3505

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?


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

7/29/2019 March 13, 2013 AM

36/212

1

2

34

5

6

7

8

910

11

12

13

14

1516

17

18

19

20

2122

23

24

25

08:31AM

08:31AM

08:31AM

08:31AM

08:31AM

08:31AM

08:31AM

08:31AM

08:31AM

08:31AM

08:31AM

08:31AM

08:31AM

08:31AM

08:32AM

08:32AM

08:32AM

08:32AM

08:32AM

08:32AM

08:32AM

08:32AM

08:32AM

08:32AM

08:32AM

3506

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.

7/29/2019 March 13, 2013 AM

37/212

1

2

34

5

6

7

8

910

11

12

13

14

1516

17

18

19

20

2122

23

24

25

08:32AM

08:32AM

08:32AM

08:32AM

08:32AM

08:32AM

08:33AM

08:33AM

08:33AM

08:33AM

08:33AM

08:33AM

08:33AM

08:33AM

08:33AM

08:33AM

08:33AM

08:33AM

08:33AM

08:33AM

08:33AM

08:33AM

08:33AM

08:34AM

08:34AM

3507

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?


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?


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?

7/29/2019 March 13, 2013 AM

38/212

1

2

34

5

6

7

8

910

11

12

13

14

1516

17

18

19

20

2122

23

24

25

08:34AM

08:34AM

08:34AM

08:34AM

08:34AM

08:34AM

08:34AM

08:34AM

08:34AM

08:34AM

08:34AM

08:34AM

08:34AM

08:34AM

08:34AM

08:34AM

08:34AM

08:34AM

08:35AM

08:35AM

08:35AM

08:35AM

08:35AM

08:35AM

08:35AM

3508

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

7/29/2019 March 13, 2013 AM

39/212

1

2

34

5

6

7

8

910

11

12

13

14

1516

17

18

19

20

2122

23

24

25

08:35AM

08:35AM

08:35AM

08:35AM

08:35AM

08:35AM

08:35AM

08:35AM

08:36AM

08:36AM

08:36AM

08:36AM

08:36AM

08:36AM

08:36AM

08:36AM

08:36AM

08:36AM

08:36AM

08:36AM

08:36AM

08:36AM

08:36AM

08:36AM

08:36AM

3509

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.

7/29/2019 March 13, 2013 AM

40/212

1

2

34

5

6

7

8

910

11

12

13

14

1516

17

18

19

20

2122

23

24

25

08:36AM

08:36AM

08:36AM

08:36AM

08:36AM

08:36AM

08:36AM

08:37AM

08:37AM

08:37AM

08:37AM

08:37AM

08:37AM

08:37AM

08:37AM

08:37AM

08:37AM

08:37AM

08:37AM

08:37AM

08:37AM

08:37AM

08:37AM

08:37AM

08:37AM

3510

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?


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?

7/29/2019 March 13, 2013 AM

41/212

1

2

34

5

6

7

8

910

11

12

13

14

1516

17

18

19

20

2122

23

24

25

08:37AM

08:37AM

08:38AM

08:38AM

08:38AM

08:38AM

08:38AM

08:38AM

08:38AM

08:38AM

08:38AM

08:38AM

08:38AM

08:38AM

08:38AM

08:38AM

08:38AM

08:38AM

08:38AM

08:38AM

08:38AM

08:38AM

08:38AM

08:38AM

08:38AM

3511

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.

7/29/2019 March 13, 2013 AM

42/212

1

2

34

5

6

7

8

910

11

12

13

14

1516

17

18

19

20

2122

23

24

25

08:38AM

08:38AM

08:38AM

08:38AM

08:38AM

08:38AM

08:38AM

08:38AM

08:38AM

08:38AM

08:39AM

08:39AM

08:39AM

08:39AM

08:39AM

08:39AM

08:39AM

08:39AM

08:39AM

08:39AM

08:39AM

08:39AM

08:39AM

08:39AM

08:39AM

3512

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

7/29/2019 March 13, 2013 AM

43/212

1

2

34

5

6

7

8

910

11

12

13

14

1516

17

18

19

20

2122

23

24

25

08:39AM

08:39AM

08:39AM

08:39AM

08:39AM

08:39AM

08:39AM

08:39AM

08:39AM

08:40AM

08:40AM

08:40AM

08:40AM

08:40AM

08:40AM

08:40AM

08:40AM

08:40AM

08:40AM

08:40AM

08:40AM

08:41AM

08:41AM

08:41AM

08:41AM

3513

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

7/29/2019 March 13, 2013 AM

44/212

1

2

34

5

6

7

8

910

11

12

13

14

1516

17

18

19

20

2122

23

24

25

08:41AM

08:41AM

08:41AM

08:41AM

08:41AM

08:41AM

08:41AM

08:41AM

08:41AM

08:41AM

08:41AM

08:41AM

08:41AM

08:41AM

08:42AM

08:42AM

08:42AM

08:42AM

08:42AM

08:42AM

08:42AM

08:42AM

08:42AM

08:42AM

08:42AM

3514

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.

7/29/2019 March 13, 2013 AM

45/212

1

2

34

5

6

7

8

910

11

12

13

14

1516

17

18

19

20

2122

23

24

25

08:42AM

08:42AM

08:42AM

08:42AM

08:42AM

08:42AM

08:42AM

08:43AM

08:43AM

08:43AM

08:43AM

08:43AM

08:43AM

08:43AM

08:43AM

08:43AM

08:43AM

08:43AM

08:43AM

08:43AM

08:43AM

08:43AM

08:43AM

08:43AM

08:43AM

3515

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.

7/29/2019 March 13, 2013 AM

46/212

1

2

34

5

6

7

8

910

11

12

13

14

1516

17

18

19

20

2122

23

24

25

08:43AM

08:44AM

08:44AM

08:44AM

08:44AM

08:44AM

08:44AM

08:44AM

08:44AM

08:44AM

08:44AM

08:44AM

08:44AM

08:44AM

08:44AM

08:44AM

08:44AM

08:44AM

08:44AM

08:45AM

08:45AM

08:45AM

08:45AM

08:45AM

08:45AM

3516

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?

7/29/2019 March 13, 2013 AM

47/212

1

2

34

5

6

7

8

910

11

12

13

14

1516

17

18

19

20

2122

23

24

25

08:45AM

08:45AM

08:46AM

08:46AM

08:46AM

08:46AM

08:46AM

08:46AM

08:46AM

08:46AM

08:46AM

08:46AM

08:46AM

08:46AM

08:46AM

08:46AM

08:46AM

08:46AM

08:47AM

08:47AM

08:47AM

08:47AM

08:47AM

08:47AM

08:47AM

3517

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

7/29/2019 March 13, 2013 AM

48/212

1

2

34

5

6

7

8

910

11

12

13

14

1516

17

18

19

20

2122

23

24

25

08:47AM

08:47AM

08:47AM

08:47AM

08:47AM

08:47AM

08:47AM

08:47AM

08:48AM

08:48AM

08:48AM

08:48AM

08:48AM

08:48AM

08:48AM

08:48AM

08:48AM

08:48AM

08:48AM

08:49AM

08:49AM

08:49AM

08:49AM

08:49AM

08:49AM

3518

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.

7/29/2019 March 13, 2013 AM

49/212

1

2

34

5

6

7

8

910

11

12

13

14

1516

17

18

19

20

2122

23

24

25

08:49AM

08:49AM

08:49AM

08:49AM

08:49AM

08:49AM

08:49AM

08:49AM

08:49AM

08:49AM

08:49AM

08:49AM

08:49AM

08:49AM

08:49AM

08:49AM

08:49AM

08:49AM

08:49AM

08:50AM

08:50AM

08:50AM

08:50AM

08:50AM

08:50AM

3519

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

7/29/2019 March 13, 2013 AM

50/212

1

2

34

5

6

7

8

910

11

12

13

14

1516

17

18

19

20

2122

23

24

25

08:50AM

08:50AM

08:50AM

08:50AM

08:50AM

08:50AM

08:50AM

08:50AM

08:50AM

08:50AM

08:50AM

08:50AM

08:50AM

08:51AM

08:51AM

08:51AM

08:51AM

08:51AM

08:51AM

08:51AM

08:51AM

08:51AM

08:51AM

08:51AM

08:51AM

3520

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

7/29/2019 March 13, 2013 AM

51/212

1

2

34

5

6

7

8

910

11

12

13

14

1516

17

18

19

20

2122

23

24

25

08:51AM

08:51AM

08:51AM

08:51AM

08:51AM

08:51AM

08:51AM

08:51AM

08:51AM

08:52AM

08:52AM

08:52AM

08:52AM

08:52AM

08:52AM

08:52AM

08:52AM

08:52AM

08:52AM

08:52AM

08:52AM

08:52AM

08:52AM

08:52AM

08:52AM

3521

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

7/29/2019 March 13, 2013 AM

52/212

1

2

34

5

6

7

8

910

11

12

13

14

1516

17

18

19

20

2122

23

24

25

08:52AM

08:52AM

08:52AM

08:52AM

08:52AM

08:52AM

08:52AM

08:52AM

08:52AM

08:52AM

08:53AM

08:53AM

08:53AM

08:53AM

08:53AM

08:53AM

08:53AM

08:53AM

08:53AM

08:53AM

08:53AM

08:53AM

08:53AM

08:53AM

08:53AM

3522

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

7/29/2019 March 13, 2013 AM

53/212

1

2

34

5

6

7

8

910

11

12

13

14

1516

17

18

19

20

2122

23

24

25

08:53AM

08:53AM

08:53AM

08:53AM

08:53AM

08:53AM

08:53AM

08:53AM

08:53AM

08:53AM

08:53AM

08:53AM

08:53AM

08:53AM

08:53AM

08:53AM

08:54AM

08:54AM

08:54AM

08:54AM

08:54AM

08:54AM

08:54AM

08:54AM

08:54AM

3523

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

7/29/2019 March 13, 2013 AM

54/212

1

2

34

5

6

7

8

910

11

12

13

14

1516

17

18

19

20

2122

23

24

25

08:54AM

08:54AM

08:54AM

08:54AM

08:54AM

08:54AM

08:54AM

08:54AM

08:54AM

08:55AM

08:55AM

08:55AM

08:55AM

08:55AM

08:55AM

08:55AM

08:55AM

08:55AM

08:55AM

08:55AM

08:55AM

08:55AM

08:55AM

08:55AM

08:55AM

3524

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?

7/29/2019 March 13, 2013 AM

55/212

1

2

34

5

6

7

8

910

11

12

13

14

1516

17

18

19

20

2122

23

24

25

08:55AM

08:55AM

08:55AM

08:55AM

08:55AM

08:55AM

08:55AM

08:55AM

08:55AM

08:55AM

08:56AM

08:56AM

08:56AM

08:56AM

08:56AM

08:56AM

08:56AM

08:56AM

08:56AM

08:56AM

08:56AM

08:56AM

08:56AM

08:56AM

08:56AM

3525

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?


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

7/29/2019 March 13, 2013 AM

56/212

1

2

34

5

6

7

8

910

11

12

13

14

1516

17

18

19

20

2122

23

24

25

08:56AM

08:56AM

08:57AM

08:57AM

08:57AM

08:57AM

08:57AM

08:57AM

08:57AM

08:57AM

08:57AM

08:57AM

08:57AM

08:57AM

08:57AM

08:57AM

08:57AM

08:57AM

08:57AM

08:57AM

08:58AM

08:58AM

08:58AM

08:58AM

08:58AM

3526

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).

Documents

March 13, 2013 AM