Regarding Document 70-1, there is the Penon Test Protocol attached as Exhibit 1, at the end of the document.
After flying over 70.1 there is only one conclusion: If IH can't prove fraud they are as dead as a 70 year old Donkey...
What IH delivered to the court is just roten garbage!
Is this new?
This is very new, it's up today. This is a hearing scheduled by Annesser in response to IH responses to interrogatories, etc., and the attachments are detailed responses by IH. There is plenty there that we have never seen before. This is on the googledocs site, as document 70, plus the four attachments, and I'll get it up on newvortex ASAP.
https://drive.google.com/drive…Ktdce19-wyb1RxOTF6c2NtZkk
It is unclear what Annesser is asking for, there is no motion, as in the prior motions to quash. There is no motion to require answers. I'd wonder if the process is proper there, but maybe it is.
The hearing is scheduled before the Magistrate for Thursday, October 27, 2016 at 3:00 p.m.
@Wyttenbach,
If it is rotten garbage, it expensive rotten garbage.
Interesting is the Test Plan using 111 power generators. Looks like that part wasn't followed, since supposedly only the Tigers were used for the "test".
51 are the small modules (but these were supposedly not even used)
64 are the Tigers (4x16 reactors)
Four of these above are for spare parts. (probably from the 51?)
What IH delivered to the court is just roten garbage!
Garbage sees garbage, it's routine and predictable. IH did not deliver these documents to the Court. Annesser did. IH responded to requests for production and to interrogatories. Those are not, to my knowledge, filed with the court, they are given to the attorneys. (At least that is what I recall.) They might later be introduced as evidence. I have not studied them yet, except a little and what I looked at was routine. But apparently it gets a bit more ... interesting.
1. On or about January 1, 2015, John T. Vaughn visited the Testing Facility for the
purpose of checking on the facility. The visit lasted approximately one hour.
2. During the week of February 9, 2015, Thomas Darden, John T. Vaughn visited
the Testing Facility with Paul Lamacraft (and possibly Harry Raikes) from the
Woodford Fund ("Woodford"). The visit lasted approximately two hours and the
purpose of the visit was to meet with Andrea Rossi, Fulvio Fabiani, James Bass,
and Barry West.
3. On or about February 24, 2015, Thomas Barker Dameron and John T. Vaughn
visited the Testing Facility to observe the operation of the 1 MW plant (the
"Plant") and meet with Andrea Rossi. The visit lasted approximately two hours.
4. On or about March 27, 2015, Daniel Pike, Mia Pike, Xu Hang, and Zhang Jjian
visited the Testing Facility to observe the operation of the Plant and meet with
Andrea Rossi.
5. On or about July 7, 2015, Steven Hartanto, Hady Hartanto, Lu Rui Feng, Chen
Zhen Min, Chen Zheyuan, and Dong Jun Ling visited the Testing Facility to
observe the operation of the Plant and meet with Andrea Rossi.
6. On or about August 21, 2015, Thomas Darden, John T. Vaughn, Paul Lamacraft
and Harry Raikes visited the Testing Facility to observe the operation of the Plant
and meet with Andrea Rossi. This visit lasted less than two hours.
7. On February 16-17, 2016, John T. Vaughn, Joseph Murray and Christopher Pace
visited the Testing Facility to observe the shutdown of the Plant and to inspect the <--- dates don't match
methods being used to measure the Plant's performance. The February 15 visit
lasted approximately seven hours and the February 16 visit lasted approximately
four and a half hours.
8. On or about June 2, 2016, John T. Vaughn, Joseph Murray and Christopher Pace
visited the Testing Facility to further observe the Plant following shutdown and to
take additional photographs of the Plant. The visit lasted less than 2 hours.
9. On an unknown date or dates in 2015, Joe Pike visited the Testing Facility to
observe the operation of the Plant and meet with Andrea Rossi.
Could this be James A. Bass?
He seems to have posted this video.
Please note that James A. Bass has a son that might be known as Andy.
[70-1) 15.
.... Industrial Heat states the
following: During at least one discussion in 2013 in which Thomas Darden was a participant,
Andrea Rossi stated that he did not have to pay taxes on the payments made by Industrial Heat,
and further made a reference to having offshore corporations or bank accounts. During this
conversation Mr. Darden informed Rossi that he did not believe it could be correct that no taxes
were owed, in part because the payments were to Leonardo Corporation and Leonardo
Corporation was a United States corporation. Also, a member of AEG informed Industrial Heat
that he used the same accountant as Rossi and that accountant told him that Rossi had not paid
taxes on his income during either the time he used the accountant or during the last two years he
used the accountant, who is no longer Rossi's accountant.
So if Rossi did not pay taxes, then he would be in violation of the agreement, Right?
Also if they did not use the protocol as listed 111 generators, then they did not fulfill the requirement of a "test" if it even
was a test, Right?
7. On February 16-17, 2016, John T. Vaughn, Joseph Murray and Christopher Pace visited the Testing Facility to observe the shutdown of the Plant and to inspect the methods being used to measure the Plant's performance. The February 15 visit lasted approximately seven hours and the February 16 visit lasted approximately four and a half hours. <--- dates don't match
Exhibit 5 has the dates as February 16 and 17. I'm too lazy right now to look up Rossi's blogging about removing the fuel. Absent other evidence, then, I assume the dates of the 15th and 16th were in error.
I'm too lazy right now to look up Rossi's blogging about removing the fuel.
Here it is. http://www.journal-of-nuclear-physics.com/?p=892&cpage=60#comment-1152786
So if Rossi did not pay taxes, then he would be in violation of the agreement, Right?
Technically, yes. It would be remediable, however, and would not make a great reason to void the Agreement.... Those comments do not prove that Rossi did not pay taxes, but form a reasonable enough basis for IH to allege "on information and belief" that he did not. Rossi fought like hell to get this killed in the counter-complaint and failed. It will, however, not make much difference. It is a small piece on a much larger pile of evidence that Rossi was not careful about performance on the Agreement.
QuoteAlso if they did not use the protocol as listed 111 generators, then they did not fulfill the requirement of a "test" if it even
was a test, Right?
It is not clear to me that an "ERV" was obligated to follow that protocol. Further, as it was written, it is not necessary that all the units be used. If we interpret the Doral test as a GPT, it was horribly vague.
What I notice is that Penon did refer to himself as"ERV." However, there was no mention of "Guaranteed Performance Test." This document is midway. It could have triggered a protest, or "ERV" might not even have been noticed, back in early 2015. If this is the best Rossi has, it is not strong enough to establish estoppel over a very explicit requirement. Rossi is fishing to see if there are any other documents in IH possession that might support his claim -- even though he did not actually allege estoppel, so far.
There is mention in the documents of a December 2015 email from IH protesting the idea that the Doral plant was a GPT so this was not made up at the end of the test to avoid payment, though that was late. There are other documents that were Exhibits attached to the Rossi requests that we don't have.
I find this fascinating. In early March, Rossi was assuring his fans that there was no "divorce" with IH, but it was obvious that they were headed for major conflict over the "GPT," and they were already dealing with each other through attorneys.
Abd Ul-Rahman Lomax wrote:
Here it is. journal-of-nuclear-physics.com…&cpage=60#comment-1152786
Thanks. Fascinating. So Vaughn, Murray, and the attorney Pace show up February 16, and then, in the early morning of the 17th, before they came back, Rossi is removing the fuel and I think the flow meter was also removed -- and Murray claims that the lines were flushed, cleaned.
If this was a real test, Rossi sure worked hard to make it look like fraud.
Why on earth would you have exhaust? This is a strange thing to say.
If helium is a reaction poison .... I wrote "if." I am aware that exhaust is unlikely. I assume that 100% recovery of the palladium would be normal. However, what is completely unclear is the fabrication cost for a high-heat product.
I am aware that exhaust is unlikely.
Not just unlikely. Fatal. I am sure it was obvious to you that exposure to air or exhausting a cell will destroy it. I suspect you said that merely to be contrary, and to give the impression we know less about cold fusion than we actually do.
However, what is completely unclear is the fabrication cost for a high-heat product.
That's not unclear. We know what it costs to make experimental devices today. They are relatively simple and the cost is modest. We know that apart from palladium they are made of ordinary materials, with ordinary tolerances and material purity. Yet some have produced as much heat as a fission reactor core. They do not require extremely expensive or complex fabrication techniques. They are not gigantic, high pressured, or dangerous the way a Space X rocket engine is. There is no reason to think they will cost far more than a gasoline ICE or generator.
We know a great deal about cold fusion. We can make reasonable, common sense extrapolations about how it will probably work if it can be controlled, and approximately how much it will cost.
Even if helium is a poison, we know that some cells have produced 10,000 times more energy than any chemical device of the same size, so there has to be a way to use the cells for a long time before the helium clobbers the reaction. A car that goes 10,000 times farther than any gasoline model would have considerable value, even if the core of the engine has to be replaced and remanufactured after going that distance.
I wonder who actually owned the flow meter - if it was bought by IH and if Rossi / Penon took it on themselves to remove it and take it.
I wonder who actually owned the flow meter - if it was bought by IH
Based on Exhibit 5, I think it is highly unlikely anyone from I.H. would have supplied that flow meter. They knew it was the wrong kind.
From Document 71-01, Exhibit 1, Penon provided the instruments for Leonardo to install. A 24 hour run was initiated with Leonardo firing the 1MW up, he (Penon) monitoring, and then giving an initial "assessment of the energy multiple" at the end of that 24 hour period.
After that Penon had very little involvement other than to show up every 4 months to "verify configuration of the system, the measuring chains, and make evaluations of Multiple Energy",. and then make his final report at day 350. It is Leonardo alone that recorded the data in the logbook every "00.00" hours.
Rossi/Leonardo, had free reign almost the entire time. Not how he represented it. Oh yeah, he had the "IH guys" -his friend Fabiani, and West, there to keep him honest. 
Penon, if he kept to script, would have shown up 4 times...what a gig!
The agreement required the ERV to make the measurements for 350 days (of 400 days) of the flow of the heated fluid and delta T of the flow. (page for of the agreement - "to make this measurement the ERV will measure....") If someone other than the ERV made the measurements (say Rossi) on each of those days then the requirements of the agreement were not meet. It does not say that the ERV can delegate this to others but "the ERV will measure").
Now it seem clear why the data may appear as though it was just cut and pasted day after day while Penon did not satisfy the requirement of the agreement that demanded "the ERV will measure".
But Penon seems to still be in hiding and his report may be thrown out anyway if he fails to appear.
1. On or about January 1, 2015, John T. Vaughn visited the Testing Facility for the
purpose of checking on the facility. The visit lasted approximately one hour. ...
I recall Dewey Weaver mentioning that he also visited the facility. Am I misremembering things? At which meeting would he have been present? Was his name unintentionally omitted?
IH states that along with their own team, they had "others on their behalf attempt to try and replicate, or test an Ecat Product, or a device derived from the Ecat IP". I am assuming Rossi thinks that this other party IH used is Brillouin Energy, as he at least twice in Document 70-03 interrogates IH as to their communications, and correspondence with BE.
I believe he has complained about BE on his JONP also. There must have been something that led to him to believe this. Hard to believe he pulled it out of his arse, although he is surely capable of doing that. :). If this BE connection turns out to be true, that would tie in with Rossi's claim that IH gave his IP to others against their agreement. Of course, the Ecat has to work for that charge to stick.
Anyways, Rossi is fighting this thing as if he has something, and the 1MW worked as he describes. No backing down from him. Either he has has something, or he has an incredible ability to believe his own BS.
