One possibility is that Penon is hiding and that he too was sold a bill of goods by Rossi. That he only thought it was a long time test. That he did not take the data himself but only recorded what Rossi gave him. That he later recognized that the equipment he used was not up to the task that Rossi morphed the FL test into. That he was not even told that FL was to be the official GPT test only a trial run. That the protocol he wrote was not with the GPT in mind. That he never reported back from the manufacturer's check of the equipment. That he might even been told by them that the equipment was faulty or not designed for the levels and temperatures he used them. That he never signed off on the FL test as the GPT, and so on.
We have not heard from Penon so we just do not know.
But if Penon signed off and verified that he made the measurements as the ERV for a GPT test, then where is that Exhibit? Why hasn't Rossi submitted that proof to the court? My guess is that it doesn't exist. No formal acceptance.