On the Moletrap forum, some of us kept track of what we call Rossi-isms, Rossisays, and Rossifiction until it got old and boring. One of my favorite that he uses consistently is "indipendent." And yes, ERV is a hilarious Rossi-ism.
Edited to add: Sorry bang99. Didn't mean to step on your post about "indipendent".
@Mary Yugo
No problem at all!
"Rossi-isms" have to be spread, the more, the better 
"A magnificence"
"A masterpiece"
Does anybody else think that when Rossi writes this he probably also kisses his fingertips like an Italian chef?
My favorite is "ERV". This term is entirely a "Rossism". Yet it is has now been referenced by the judge, the lawsuit and thousands of times in blog posts!
The term comes from the Agreement, where "ERV" is a specific role, a very odd one, actually. The idea was to make Validation a clear matter, by vesting the role in a specific Engineer, instead of a process that could include a lead Engineer and then procedures for handling possible dispute.
The Agreement provided that the ERV was to be chosen by mutual consent. However, given Rossi's history, it is obvious that had he not gotten the ERV he wanted, he'd have bailed. He had done this before, effectively, IH knew this, I assume. It was the Rossi Way or the Highway.
So they consented. We have this in the Complaint:
Quote56. In accordance with the License Agreement, and the First Amendment thereto, the
parties selected Eng. Fabio Penon as the Expert Responsible for Validation ("ERV") engaged to
perform the Validation Test of the E-Cat Unit in Ferrara, Italy.
And in the Amended Answer:
Quote56. Defendants admit that Plaintiffs selected Fabio Penon (“Penon”) as the Expert Responsible for Validation (“ERV”) in connection with the Validation test performed in Ferrara, Italy. Defendants state that the License Agreement and First Amendment speak for themselves, and therefore deny any allegations in Paragraph 56 inconsistent therewith. Defendants deny the remaining allegations in Paragraph 56.
To make sense of this, I read that IH is distinguishing between a true mutual choice, and a choice by Rossi that they de-facto accepted. In many discussions of this, the Planet Rossi claim is that Penon was a neutral expert. That does not appear to be the case. He was very much selected by and promoted by Rossi. In the Counter-Claim:
Quote56. Rossi further manipulated the Validation process by ensuring that his friend and colleague, Penon, served as the ERV for the Validation testing. Industrial Heat requested that “one of the big testing companies” work alongside Penon in the measurement and validation of the test. Rossi vehemently objected, insisting that having one of the big testing companies involved would “create big problems” for him.
ERV is a contractually defined role, not a person, as such. Penon is not the ERV except within an agreed-upon test. With the Validation Test, in spite of problems, IH decided to go ahead, they were willing to risk the additional $10 million, in order to find out, to, on the one hand, profit enormously by supporting bringing this technology to market, or, on the other, to find that there was no there there.
So Penon was the ERV for the Validation Test. The way the Agreement was written, then, the Gauranteed Performance Test also has an ERV, and it is implied that it is the same person, unless the parties agreed otherwise.
This was not the kind of arms-length agreement I'd have expected. It is well-known how to resolve issues like this, but the Agreement did not provide any mechanism to handle disagreements. Having the same person would be a setup for compounding possible error or, worse, fraud
It appears that Rossi in general did not appreciate normal protective skepticism. It was "believe me" or no contact, no working relationship, nothing.
The rejection of the Murray visit in July 2015 was way beyond the pale. The contemplated GPT had no "customer." And it was to be in the IH facility, or certainly in a place controlled by IH. Rossi set it up so that he controlled the place and then excluded the IH engineer, violating the Terms Sheet covering that power installation, pretending that there was a "test" under way that was more important than anything else.
That was tolerable if this was merely a sale of power -- as Rossi had presented it -- and, after all, IH was being paid $30,000 per month -- but not as a GPT. Rossi was completely unclear on the concept of independent testing, as he always had been.
Or he understood very well, and it was all excuse for fraud. Still, the fraud was so thoroughly clumsy, it is difficult to understand. "Johnson Matthey"? Dissipating a megawatt with no visible measures? Now claiming "endothermic process" at levels that would be astonishing in themselves?
If Rossi really did generate a megawatt there, he set up conditions for it to be ridiculously doubtful. And this is now in a court of law, where "Rossi says" has no more weight than what anyone else says.
QuoteOr he understood very well, and it was all excuse for fraud. Still, the fraud was so thoroughly clumsy, it is difficult to understand. "Johnson Matthey"? Dissipating a megawatt with no visible measures? Now claiming "endothermic process" at levels that would be astonishing in themselves?
Rossi's comments are typical. When given a technical inconsistency he takes the path of least resistance to answer questions, even when it is clearly inconsistent with previous comments. Personally i doubt he remembers what he has previously said. Nor do I think he cares. What matters for him is not the technical details, but the "dramatic effect". All of his comments should be considered with that in mind.
He has succeeded for many years avoiding technical criticism. So while for us it is weird for him to set things up that are technically preposterous, his view is that it will not matter as long as the dramatic effect remains good. He has for many years been correct.
I expect and hope that now he will find this strategy no longer works.
Regards, THH
For some context Rends...this is from JONP just a few moments ago:
Felix Rends
August 13, 2016 at 6:34 PM
“You have my honour word that what I wrote here is the truth.”
That is all I want to know, you have my full respect and my full support!
Thank you very much!
Felix Rends
Translate
Andrea Rossi
August 13, 2016 at 7:31 PM
Felix Rends:
One more reason to work.
Warm Regards
A.R.
Felix Rends
August 13, 2016 at 3:20 PM
Dear Andrea Rossi,
I understand that you cannot really respond in detail to the technical questions and legal issues in the current situation, but I have you to ask the ‘question of all questions’, which all members of the LENR community worldwide and also me as the moderator of the German section of lenr-forum.com interest most:
Can you assure me personally that the ECAT works and do I have your word as a gentleman that both the Levi et.al Lugano Report, as well as the current 350 days ERV Report of Penon (self sustain mode, COP least 50) correspond to the truth?
It’s not about mistrust, I would not be so engaged all these years, if I were not convinced of the LENR technology per se, but especially your device has the potential to change the world and I would be really grateful if you personally could answer me this question and I would feel much better if I had your word as a gentleman!
Best regards and good luck
Felix Rends
Andrea Rossi
August 13, 2016 at 5:45 PM
Felix Rends:
I have dedicated to this work the second part of my life and part of my health. I am no more the same of one year ago.
About the Lugano Report: the test has not been made by me, nor has been the report and for the truth of it speaks the life of the nuclear physicists that made it, their honesty, their professional skill matured in two among the highest rated Universities and in the CERN of Geneva where all of them have worked. About the test of one year of the 1 MW Plant, the measurements have been made for one year by a nuclear engineer, who got his doctorate in nuclear engineering when he was 23 years old in the University of Bologna with 110/110 summa cum laude, then worked as a nuclear engineer in a nuclear power plant, then, taking advantage of such experience, became a professional specialized in certifications and validations of industrial plants and industrial products. He has been chosen, as proven by copious documents, in agreement between IH and us to make the ERV and he made it with all his professional skills and with the integrity that characterized all his life, that is immaculate under any point of view, as I investigated when I knew him because I had to choose a trusted professional to make the safety certification of my products years ago; he resulted to be the best in absolute among all his colleagues for preparation, honesty, confidentiality. This is also the reason why he has been chosen to make the ERV, in agreement between IH and us. By the way, IH has totally agreed upon his report released after 3 months of test, and has cited such report in interviews released by Tom Darden. Same thing happened after 6 months of test, when the second quarterly report has been released by the ERV, same thing again happened after 9 months, when the ERV released the third quarterly report: please note that during 9 months of the test IH repeatedly accompanied to visit the test their investors, explaining to them how the ERV was measuring the performance, showing the seals of the flowmeter, showing the temperature measurement system ( agreed upon directly between Mr Tom Darden and the ERV) and IH collected many million dollars of investments from Woodford after the officers of Woodford visited the test twice, during the first 9 months, and repeatedly accompanied Chinese top level investors and engineers to visit the test. The results of the first three quarterly reports, obviously, were substantially equal to the results of the fourth and final report, that IH now is renegating. Eventually, IH paid the first three quarterly reports, but did not pay the final one. The first three reports determined the allowance to IH of enormous investments and they loved them. The fourth report determined the obligation of IH to pay us and they discovered the results were wrong: what a strange coincidence.
You have my honour word that what I wrote here is the truth.
I totally sympathyze with you and with all the persons like you and also this is why I work like a beast, even now that is Saturday, as tomorrow Sunday, and always on this endevour..
After all these years you merit to go in a shop and buy an E-Cat, damn !
Warm Regards,
A.R.
P.S.
Let me add that both the tests of Lugano and Doral have been performed for long timespans, respectively 1 month and 1 year, with the obvious consequent considerations.
For some context Rends...this is from JONP just a few moments ago:
That's what I'm referring to, that is true"
We have no proof, because we have a barrier https://en.wikipedia.org/wiki/Coulomb_barrier , but there are always barriers that we as human beings have overcome, LENR is just one step, next is EM Drive combined with LENR. (That is my gift for you 
Rends,
Yes, I figured that. My post was for the readers here at LENR-Forum that did not know that. Not you. Thank you. I honestly hope you are right.
Take care.
Rossi has developed a story, and he repeats it over and over, and shows no awareness of the problems with it. Much of what Rossi wrote in response to Rend's question was not testimony as to fact, but rather a collection of arguments as to why certain answers should be right. The question was a setup for this.
If Rossi had been able to do what he claimed to do in 2011, there would have been commercial products on the market by now. But Rossi made himself the center, rather than the technology and what he had found.
I could go over that comment in detail, pointing out how it is a series of self-centered interpretations, but it's not worth the effort, at least not tonight.
What is telling is what is missing: any understanding of why others would be skeptical or unhappy with what he did. What he wrote was not "the truth," but his way of looking at events.
Notice: he did not take any responsibility for actually answering the question, but rather cited the credentials of others who supposedly answered it, and we know that the Lugano test was in error, no matter how qualified the professors were. He proposes an inconsistency in the behavior of others, which is a question, not a fact, and if he is sincere here, he has no idea what is going on in the lawsuit.
@'Rends
Rossi responded, that all what he wrote is honest and true - but he did not really answer your question. You were asking if his LENR Ecat works, in his tons of written statements I was not able to identify that one sentence: yes, my technology works. It was all about that silly ERV story, we are reading again and again. I do hope the court will decide soon and uncover what still is missing in this soap opera....
wtf I hate Rossi now
Thanks for the eye opener guys!
Rossi unwittingly revealed another piece to the puzzle in his response to Rends last night. Attaining his "Safety Certification" in 2012 was a major milestone, and one he, and we believers at the time, trumpeted as "proof" his Ecat worked. At the bottom of that certificate was a note that the issuer had witnessed a third party carry out a successful test of the product. It was a little weak when you dug into it, but this was an independent verification from an agency, and used oftentimes by Rossi as proof of claim. It probably caught Dardens attention too.
Appears here that Rossi admits to Rends that it was Penon who did that Safety Certificate third party test. So that brings their relationship even further back than the VT. As has been said of Rossi before...even mentioned in the PetrolDragon affair by a local Italian mayor, Rossi has a talent for picking the right scientists, and then "making them believe in him":
"in agreement between IH and us to make the ERV and he made it with all his professional skills and with the integrity that characterized all his life, that is immaculate under any point of view, as I investigated when I knew him because I had to choose a trusted professional to make the safety certification of my products years ago; he resulted to be the best in absolute among all his colleagues for preparation, honesty, confidentiality."
Don't forget: he is a "nuclear engineer"!
You obviously need a nuclear engineer for correct measurement of a steam producing reactor cluster.
Without a nuclear engineer, nobody would trust the measurement.
An independent HVAC expert is just not enough :-), 'cause they are mostly not nuclear engineers.
SCNR!
I'm sure Rossi's defense in front of a jury will be about what we read here in his reply to Rends last night. Make it all about the ERV's conclusions (not content), his qualifications and integrity, and avoid letting the jury hear those nasty details that show the 1 year test a sham. If that does not work, he will probably throw Penon under the bus by saying he just went by what Penon told him. Penon mucked it up, not him. That will allow him to escape with a semi-plausible cover story he can tell to his next mark.
Same goes for Lugano, which is his "proof" he gave IH something that worked and that is patentable....if only those dummies knew what they were doing. Levi and team, are honest, hard working, intelligent professionals, blah blah blah, and they stand by me. Of course, that depends on the Swedes (Levi will never turn on Rossi) sticking with Rossi. If they do, Rossi may be able to keep his $10 million. They are trying yet another replication of Lugano at Rossi's request, so we shall see.
Of course, finding the customer a fake...as IH claims as "a fact", changes everything. Then Rossi may lose everything he has, and more. Possibly have the state go after him for fraud too, and end up working on a prison chain gang breaking big stones into little ones.
Overall, IMO IH is in the drivers seat and we are not even close to trial yet. Were they to release the ERV report now, it may be as good as over once the crowd here gets a hold of it. I believe they would do that, but are first establishing with the court that Rossi has already broken confidentiality a number of times, so laying the ground work for them to follow suit.
"in agreement between IH and us to make the ERV and he made it with all his professional skills and with the integrity that characterized all his life, that is immaculate under any point of view, as I investigated when I knew him because I had to choose a trusted professional to make the safety certification of my products years ago; he resulted to be the best in absolute among all his colleagues for preparation, honesty, confidentiality."
And the reward of his good friend is to be the target of a counterclaim in a lawsuit with millions of dollars at stake. At this point we have little evidence on the legal culpability of Penon. It may come out.
An attorney pointed out to me that the removal of the instruments was "spoilation of the evidence." That could also apply to Rossi's removal of the fuel at the end of the Doral run.
Did Penon consult IH about the removal of the instruments? Did Rossi ask about the fuel?
Did Rossi ask about the fuel?
Q: "To whom belong the fuel ashes after test completion? Pure Ni62 is expensive and you can have a suppletory gain. Money does not harm and it would be a compliment for you."
A: "You are right. The fuel ashes belong to the owner of the plant."
- JoNP July 3, 2015
that depends on the Swedes (Levi will never turn on Rossi) sticking with Rossi. If they do, Rossi may be able to keep his $10 million. They are trying yet another replication of Lugano at Rossi's request, so we shall see.
If Penon is found to have been a party to fraud, the Verification Test can then be challenged, and, no Rossi may not get to keep what's left of the $10 mlllion. However, it may be in IH's hands. $10 million was the price of a License -- i.e., the first payment. They may want to keep the License, in which case it gets murky.
Lugano is not really an issue. Most of us think that the big issue is whether or not Rossi has a real technology. That is not the big issue, legally, it is about the Agreement and terms and behavior. I do not know how deeply the case, if it goes to trial, will go into the measurement of heat and the like.
I found an interesting blog response on corrosion and pumps. Maybe this will help anyone who is still looking at the pumps.
It is cavitation related. It is pump wear related as seen below.Without knowing every variable we are narrowing the corridor where we can look.
At sometime this will *if not already. Become as standstill.
Edit I should have made this more clear. They will find how much volume went through the pump to a certain point. We just need to find the combination of variables. It's there somewhere. This is why some do not need to go further on Rossi, but others need to./yes I am working on a pump today.
