The Trial Transcript Will Be Made Available to the Public Once It Has Been Certified and Distributed...

7/28/2019 The Trial Transcript Will Be Made Available to the Public Once It Has Been Certified and Distributed by the Official Court Reporter

1/189

8564

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF LOUISIANA

IN RE: OIL SPILL BY THE OIL RIG * Docket 10-MD-2179DEEPWATER HORIZONIN THE *GULF OF MEXICO ON APRIL 20, 2010 * Section J

*Applies to: * New Orleans, Louisiana

*Docket 10-CV-02771, * April 15, 2013IN RE: THE COMPLAINT AND *PETITION OF TRITON ASSET *LEASING GmbH, et al *

*Docket 10-CV-4536, *UNITED STATES OF AMERICA v. *BP EXPLORATION & PRODUCTION, *INC., et al *

** * * * * * * * * * * * * * * * * *

DAY 27, MORNING SESSIONTRANSCRIPT OF NONJURY TRIAL

BEFORE THE HONORABLE CARL J. BARBIER

UNITED STATES DISTRICT JUDGE

Appearances:

For the Plaintiffs: Domengeaux Wright Roy& Edwards, LLC

BY: JAMES P. ROY, ESQ.556 Jefferson Street, Suite 500Post Office Box 3668Lafayette, Louisiana 70502

For the Plaintiffs: Herman Herman & Katz, LLCBY: STEPHEN J. HERMAN, ESQ.820 O'Keefe AvenueNew Orleans, Louisiana 70113

OFFICIAL TRANSCRIPT

1

2

3

4

5

6

7

8

910

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


2/189

8565

Appearances:

For the Plaintiffs: Cunningham Bounds, LLCBY: ROBERT T. CUNNINGHAM, ESQ.1601 Dauphin StreetMobile, Alabama 36604

For the Plaintiffs: Lewis Kullman Sterbcow & AbramsonBY: PAUL M. STERBCOW, ESQ.601 Poydras Street, Suite 2615New Orleans, Louisiana 70130

For the Plaintiffs: Breit Drescher Imprevento

& Walker, PCBY: JEFFREY A. BREIT, ESQ.600 22nd Street, Suite 402Virginia Beach, Virginia 23451

For the Plaintiffs: Leger & ShawBY: WALTER J. LEGER JR., ESQ.600 Carondelet Street, 9th FloorNew Orleans, Louisiana 70130

For the Plaintiffs: Williams Law Group, LLC

BY: CONRAD "DUKE" WILLIAMS, ESQ.435 Corporate Drive, Suite 101Houma, Louisiana 70360

For the Plaintiffs: Thornhill Law FirmBY: TOM THORNHILL, ESQ.1308 Ninth StreetSlidell, Louisiana 70458

For the Plaintiffs: deGravelles Palmintier Holthaus& Frug, LLP

BY: JOHN W. DEGRAVELLES, ESQ.618 Main StreetBaton Rouge, Louisiana 70801

OFFICIAL TRANSCRIPT

1

2

3

4

5

6

7

8

910

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


3/189

8566

Appearances:

For the Plaintiffs: Williamson & RusnakBY: JIMMY WILLIAMSON, ESQ.4310 Yoakum BoulevardHouston, Texas 77006

For the Plaintiffs: Irpino Law FirmBY: ANTHONY IRPINO, ESQ.2216 Magazine StreetNew Orleans, Louisiana 70130

For the United States U.S. Department of Justice

of America: Torts Branch, Civil DivisionBY: R. MICHAEL UNDERHILL, ESQ.450 Golden Gate Avenue7-5395 Federal Bldg., Box 36028San Francisco, California 94102

For the United States U.S. Department of Justiceof America: Environment & Natural Resources

Environmental Enforcement SectionBY: STEVEN O'ROURKE, ESQ.

SCOTT CERNICH, ESQ.DEANNA CHANG, ESQ.

RACHEL HANKEY, ESQ.A. NATHANIEL CHAKERES, ESQ.Post Office Box 7611Washington, D.C. 20044

For the United States U.S. Department of Justiceof America: Torts Branch, Civil Division

BY: JESSICA McCLELLAN, ESQ.MICHELLE DELEMARRE, ESQ.JESSICA SULLIVAN, ESQ.SHARON SHUTLER, ESQ.MALINDA LAWRENCE, ESQ.

Post Office Box 14271Washington, D.C. 20004

OFFICIAL TRANSCRIPT

1

2

3

4

5

6

7

8

910

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


4/189

8567

Appearances:

For the United States U.S. Department of Justiceof America: Fraud Section

Commercial Litigation BranchBY: DANIEL SPIRO, ESQ.

KELLEY HAUSER, ESQ.ELIZABETH YOUNG, ESQ.

Ben Franklin StationWashington, D.C. 20044

For the State of Attorney General of AlabamaAlabama: BY: LUTHER STRANGE, ESQ.

COREY L. MAZE, ESQ.

WINFIELD J. SINCLAIR, ESQ.500 Dexter AvenueMontgomery, Alabama 36130

For the State of Attorney General of LouisianaLouisiana: BY: JAMES D. CALDWELL, ESQ.

1885 North Third StreetPost Office Box 94005Baton Rouge, Louisiana 70804

For the State of Kanner & Whiteley, LLC

Louisiana: BY: ALLAN KANNER, ESQ.DOUGLAS R. KRAUS, ESQ.701 Camp StreetNew Orleans, Louisiana 70130

For BP Exploration & Liskow & Lewis, APLCProduction Inc., BY: DON K. HAYCRAFT, ESQ.BP America Production 701 Poydras Street, Suite 5000Company, BP PLC: New Orleans, Louisiana 70139

For BP Exploration & Kirkland & Ellis, LLP

Production Inc., BY: J. ANDREW LANGAN, ESQ.BP America Production HARIKLIA "CARRIE" KARIS, ESQ.Company, BP PLC: MATTHEW T. REGAN, ESQ.

300 N. LasalleChicago, Illinois 60654

OFFICIAL TRANSCRIPT

1

2

3

4

5

6

7

8

910

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


5/189

8568

Appearances:

For BP Exploration & Covington & Burling, LLPProduction Inc., BY: ROBERT C. "MIKE" BROCK, ESQ.BP America Production 1201 Pennsylvania Avenue, NWCompany, BP PLC: Washington, D.C. 20004

For Transocean Holdings Frilot, LLCLLC, Transocean Offshore BY: KERRY J. MILLER, ESQ.Deepwater Drilling Inc., 1100 Poydras Street, Suite 3700Transocean Deepwater Inc.: New Orleans, Louisiana 70163

For Transocean Holdings Sutherland Asbill & Brennan, LLPLLC, Transocean Offshore BY: STEVEN L. ROBERTS, ESQ.Deepwater Drilling Inc., RACHEL G. CLINGMAN, ESQ.Transocean Deepwater Inc.: 1001 Fannin Street, Suite 3700

Houston, Texas 77002

For Transocean Holdings Munger Tolles & Olson, LLPLLC, Transocean Offshore BY: MICHAEL R. DOYEN, ESQ.Deepwater Drilling Inc., BRAD D. BRIAN, ESQ.Transocean Deepwater Inc.: LUIS LI, ESQ.

355 S. Grand Avenue, 35th FloorLos Angeles, California 90071

For Transocean Holdings Mahtook & LafleurLLC, Transocean Offshore BY: RICHARD J. HYMEL, ESQ.Deepwater Drilling Inc., 600 Jefferson Street, Suite 1000Transocean Deepwater Inc.: Post Office Box 3089

Lafayette, Louisiana 70501

For Transocean Holdings Hughes Arrell Kinchen, LLPLLC, Transocean Offshore BY: JOHN KINCHEN, ESQ.Deepwater Drilling Inc., 2211 Norfolk, Suite 1110Transocean Deepwater Inc.: Houston, Texas 77098

OFFICIAL TRANSCRIPT

1

2

3

4

5

6

7

8

910

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


6/189

8569

Appearances:

For Halliburton Energy Godwin Lewis, PCServices, Inc.: BY: DONALD E. GODWIN, ESQ.

BRUCE W. BOWMAN JR., ESQ.FLOYD R. HARTLEY JR., ESQ.GAVIN HILL, ESQ.

1201 Elm Street, Suite 1700Dallas, Texas 75270

For Halliburton Energy: Godwin Lewis, PCServices, Inc.: BY: JERRY C. VON STERNBERG, ESQ.

1331 Lamar, Suite 1665Houston, Texas 77010

Official Court Reporter: Jodi Simcox, RMR, FCRR500 Poydras Street, Room HB-406New Orleans, Louisiana 70130(504) [email protected]

Proceedings recorded by mechanical stenography usingcomputer-aided transcription software.

OFFICIAL TRANSCRIPT

1

2

3

4

5

6

7

8

910

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


7/189

8570

I N D E X

Page

Alexander John GuideDirect Examination By Ms. Karis: 8574

OFFICIAL TRANSCRIPT

1

2

3

4

5

6

7

8

910

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


8/189

8571

THE DEPUTY CLERK: All rise.

THE COURT: Good morning, every one.

All right. Before we resume BP's case in chief,

do we have any preliminary matters?

MR. BRIAN: Yes, Your Honor. Brad Brian for

Transocean.

We've circulated a list of a single exhibit

call-out that we wanted to offer on behalf of Transocean on our

cross-examination of Lee Lambert. It's been distributed tocounsel with no objections, so I would offer this exhibit to be

admitted.

THE COURT: All right. Without objection, those are

admitted.

MR. REGAN: Good morning, Your Honor. Matt Regan on

behalf of BP.

I have exhibits for four witnesses. They're the

exhibits that were offered for Mr. Lambert, Mr. Lirette,

Mr. Lewis, all last Wednesday, and then Mr. Zatarain on

Thursday.

THE COURT: Okay. Are there any remaining objections

to these exhibits by BP?

Hearing none, those are admitted.

MR. REGAN: Thank you, Your Honor.

THE COURT: Sure.

MS. ANDRE: Good morning, Your Honor, Abby Andre for

OFFICIAL TRANSCRIPT

11 0 A M

21 0 A M

31 1 A M

41 1 A M

51 1 A M

61 1 A M

71 1 A M

81 1 A M

91 1 A M

101 1 A M

111 1 A M

121 1 A M

131 1 A M

141 1 A M

151 1 A M

161 1 A M

171 1 A M

181 1 A M

191 1 A M

201 1 A M

211 1 A M

221 1 A M

231 1 A M

241 1 A M

251 1 A M


9/189

8572

the United States.

We have a list of exhibits and call-outs used

during our cross-examination of Mr. Zatarain. We exchanged

them with the parties, and there were no objections. We'd like

it offer them into evidence.

THE COURT: Are there any remaining objections to the

United States' exhibits?

Without objection, those are admitted.

MS. KARIS: Good morning, Your Honor, Hariklia Karison behalf of BP.

I have a list of exhibits that we circulated for

Mr. Shaw. We received no objections, so we would offer them to

the Court at this time.

THE COURT: Any remaining objections to BP's

exhibits?

Without objection, those are admitted.

MS. KARIS: Thank you, Your Honor.

MR. IRPINO: Good morning, Your Honor, Anthony Irpino

for the PSC.

I have two lists of exhibits, one in connection

with the examination of Neil Shaw, the second in connection

with the examination of Mr. Zatarain. We have sent both of

those lists around to all of the parties. We have received no

objections, so we offer, file, and introduce those documents

and exhibits into evidence.

OFFICIAL TRANSCRIPT

11 2 A M

21 2 A M

31 2 A M

41 2 A M

51 2 A M

61 2 A M

71 2 A M

81 2 A M

91 2 A M

101 2 A M

111 2 A M

121 2 A M

131 2 A M

141 2 A M

151 2 A M

161 2 A M

171 2 A M

181 2 A M

191 2 A M

201 2 A M

211 2 A M

221 2 A M

231 2 A M

241 2 A M

251 2 A M


10/189

8573

THE COURT: All right. Any objections?

Hearing none, those are admitted.

MR. IRPINO: Thank you, Your Honor.

THE COURT: Sure.

MR. BROCK: Good morning, Your Honor, Mike Brock for

BP.

Just one administrative matter. I have -- BP

has circulated its list of videotape that it intends to play

during its case in chief. We, of course, have already playedthree tapes. And in the remaining portion of our case in

chief, we will play the depositions of Mr. McMahan, Mr. Patton,

Mr. Lindner, Mr. Garrison, and Mr. Gardner. There are no

objections to those depositions, other than the Garrison and

Gardner matter which the Court resolved late last week.

The remaining witness that was on our list was

Mr. Sabins, and we do not intend to play his tape. I think

there was a letter brief filed late last night, but the Court

need not address that issue. We will not play his tape.

THE COURT: So that's moot?

MR. BROCK: Yes, sir, that's moot.

THE COURT: Okay. Very well.

MS. KARIS: I'm back, Your Honor.

THE COURT: Okay.

MS. KARIS: I'm going to be conducting Mr. Guide's

examination.

OFFICIAL TRANSCRIPT

11 2 A M

21 2 A M

31 3 A M

41 3 A M

51 3 A M

61 3 A M

71 3 A M

81 3 A M

91 3 A M

101 3 A M

111 3 A M

121 3 A M

131 3 A M

141 3 A M

151 3 A M

161 3 A M

171 3 A M

181 3 A M

191 3 A M

201 3 A M

211 3 A M

221 4 A M

231 4 A M

241 4 A M

251 4 A M


11/189

8574

ALEXANDER JOHN GUIDE - DIRECT

THE COURT: All right.

MS. KARIS: BP calls Mr. Guide as our next witness.

(WHEREUPON, ALEXANDER JOHN GUIDE, having been duly

sworn, testified as follows.)

THE DEPUTY CLERK: Please state your full name and

correct spelling for the record.

THE WITNESS: Alexander John Guide,

A-L-E-X-A-N-D-E-R, J-O-H-N, G-U-I-D-E.

MS. KARIS: May I proceed, Your Honor?THE COURT: Yes.

MS. KARIS: Thank you.

DIRECT EXAMINATION

BY MS. KARIS:

Q. Good morning, Mr. Guide.

A. Good morning.

Q. Which company do you currently work for?

A. BP.

Q. What position did you hold on April 20th of 2010?

A. Wells team leader for the Deepwater Horizon.

Q. And as the wells team leader for the Deepwater Horizon,

were you the supervisor for the well site leaders who were

actually on the rig?

A. I was.

Q. And how long did you hold that position?

A. Three years.

OFFICIAL TRANSCRIPT

11 4 A M

21 4 A M

31 4 A M

41 4 A M

51 4 A M

61 4 A M

71 4 A M

81 4 A M

91 4 A M

101 4 A M

111 4 A M

121 4 A M

131 4 A M

141 4 A M

151 4 A M

161 4 A M

171 4 A M

181 4 A M

191 4 A M

201 4 A M

211 4 A M

221 5 A M

231 5 A M

241 5 A M

251 5 A M


12/189

8575


Q. Okay. And we're going to go back to your job as the wells

team leader, but before we do that, I'd like to talk a little

bit about your background.

Can you tell the Court, where did you grow up?

A. Pittsburgh, Pennsylvania.

THE COURT: Excuse me, one second.

(Discussion off the record.)

MS. KARIS: May I continue?

THE COURT: Yes, go ahead.BY MS. KARIS:

Q. Do you have any college degrees, Mr. Guide?

A. Yes.

Q. Can you tell us what degrees you have.

A. I have a Bachelor of Science in chemical engineering with

a petroleum option.

Q. And what do you mean by having a "petroleum option"?

A. In addition to my chemical engineering degree, I took six

courses in petroleum engineering.

Q. When did you obtain your degree?

A. 1980.

Q. All right. And what did you do upon graduating with a

degree in 1980?

A. I went to work for Texaco in Morgan City, Louisiana.

Q. And since you've graduated in 1980, have you remained in

the oil and gas industry the entire time up through today?

OFFICIAL TRANSCRIPT

11 5 A M

21 5 A M

31 5 A M

41 5 A M

51 5 A M

61 5 A M

71 5 A M

81 5 A M

91 5 A M

101 5 A M

111 5 A M

121 5 A M

131 5 A M

141 5 A M

151 5 A M

161 5 A M

171 6 A M

181 6 A M

191 6 A M

201 6 A M

211 6 A M

221 6 A M

231 6 A M

241 6 A M

251 6 A M


13/189

8576


A. Yes.

Q. All right. And I'll -- let's talk about some of the jobs

that you've held in the past 30-plus years. First of all, can

you tell the Court, what was your first job after graduating

with a degree in engineering?

A. I worked on a production platform in the Tiger Shoal field

in south Louisiana.

Q. And what were some of your duties?

A. Well testing, mainly.Q. How long did you remain in that position?

A. For the first six months, sort of training.

Q. Okay. And then how long did you remain in -- with Texaco

in Morgan City, Louisiana?

A. Five years.

Q. All right. And what did you do next? Can you walk us

through your employment history.

A. Yes. So at Texaco, I was a production engineer,

completion engineer, and then a drilling engineer. That was

for the first five years.

Q. So you worked for Texaco for the first five years of your

career in a variety of different engineering-related positions?

A. Yes.

Q. Then what did you do?

A. Then I worked for Conoco as a drilling engineer and a well

site leader.

OFFICIAL TRANSCRIPT

11 6 A M

21 6 A M

31 6 A M

41 6 A M

51 6 A M

61 6 A M

71 6 A M

81 6 A M

91 6 A M

101 6 A M

111 6 A M

121 6 A M

131 6 A M

141 6 A M

151 6 A M

161 7 A M

171 7 A M

181 7 A M

191 7 A M

201 7 A M

211 7 A M

221 7 A M

231 7 A M

241 7 A M

251 7 A M


14/189

8577


Q. Where were you based when you worked for Conoco?

A. Lafayette, Louisiana.

Q. Okay. And you said you were a drilling engineer. Did

that mean you were working on designing engineering plans for

wells?

A. Yes.

Q. Okay. And was that offshore drilling as well as onshore

drilling?

A. Yes, both.Q. Okay. And then what did you do after working for Conoco

as a drilling engineer?

A. Well, I actually went from Lafayette, with Conoco, to the

Middle East. And I worked for a Conoco affiliate called Dubai

Petroleum Company for -- from '88 to '91, where I also was a

drilling engineer and a drilling well site leader.

Q. And was that also for offshore?

A. Yes.

Q. Okay. And how long did you remain with Conoco in Dubai?

A. Three years.

Q. And after finishing your duties in Dubai in offshore

drilling, what did you do next?

A. I went to work for a small independent oil company in --

oil and gas company in Pittsburgh as their chief engineer. And

in that, I did all the different engineering. I did the

reservoir engineering, the drilling engineering completions,

OFFICIAL TRANSCRIPT

11 7 A M

21 7 A M

31 7 A M

41 7 A M

51 7 A M

61 7 A M

71 7 A M

81 7 A M

91 7 A M

101 7 A M

111 7 A M

121 7 A M

131 7 A M

141 8 A M

151 8 A M

161 8 A M

171 8 A M

181 8 A M

191 8 A M

201 8 A M

211 8 A M

221 8 A M

231 8 A M

241 8 A M

251 8 A M


15/189

8578


went to the field and fracked wells, acquisitions. We bought

fields, sold fields.

Q. And did that involve offshore work as well?

A. That did not.

Q. Did not.

Okay. And then what did you do after you worked for

Meridian?

A. I went to work for Vastar back in Lafayette, Louisiana.

Q. How long did you remain in Lafayette with Vastar?A. Until 2000.

Q. And tell us what you were doing with Vastar in Lafayette,

Louisiana.

A. I had two different positions. One was -- I was called

the principal drilling engineer where I was in charge of all

the drilling operations in the South Pass 60 field. After

that, I was called the principal production engineer of wells

in charge of all the completions workover in the production for

the eight different platforms in the Gulf of Mexico, in the

South Pass field.

Q. Okay. And then what did you do in 2000?

A. I transferred to Houston with Vastar as the lead drilling

engineer for the Horn Mountain deepwater development, which is

in the Mississippi Canyon 127. And that's when Vastar was

purchased by BP.

Q. Can you describe for the Court briefly, what is the

OFFICIAL TRANSCRIPT

11 8 A M

21 8 A M

31 8 A M

41 8 A M

51 8 A M

61 8 A M

71 8 A M

81 8 A M

91 8 A M

101 8 A M

111 8 A M

121 9 A M

131 9 A M

141 9 A M

151 9 A M

161 9 A M

171 9 A M

181 9 A M

191 9 A M

201 9 A M

211 9 A M

221 9 A M

231 9 A M

241 9 A M

251 9 A M


16/189

8579


Horn Mountain project?

A. A deepwater development, once again, Mississippi Canyon,

127, in 5500 feet of water. It's about 50 miles off the coast.

Q. Okay. And you said you were the lead drilling engineer.

And what were your responsibilities as the lead drilling

engineer for the Horn Mountain development?

A. I designed all the wells in the field, from the drilling

aspect as well as was in charge of building of a rig that was

going to go on the platform after the semi left.So if I could explain. The field was drilled with a

semisubmersible rig, and then the platform was set. And then

after the platform was set, there was a smaller rig put on the

platform. I was in charge of the building of the rig and,

consequently, tying all the wells back from the floor to the

platform.

Q. So were you working on well design at that point?

A. Yes.

Q. And how long did you remain in that position as the lead

drilling engineer for the Horn Mountain development?

A. Three years.

Q. What did you do then, which takes us to approximately

2003?

A. I went to the Mad Dog development, which is also a

deepwater development in Green Canyon, southern Green Canyon,

part of the Gulf of Mexico, where I was the -- monitored the

OFFICIAL TRANSCRIPT

11 9 A M

21 9 A M

31 9 A M

42 0 A M

52 0 A M

62 0 A M

72 0 A M

82 0 A M

92 0 A M

102 0 A M

112 0 A M

122 0 A M

132 0 A M

142 0 A M

152 0 A M

162 0 A M

172 0 A M

182 0 A M

192 0 A M

202 0 A M

212 0 A M

222 0 A M

232 0 A M

242 1 A M

252 1 A M


17/189

8580


finishing of the rig there, building for the platform. And

then I was the drilling superintendent for the development.

Q. Okay. And what are the -- when you say "drilling

superintendent," is that the same thing as a well team leader,

just a different title?

A. Yes, it is.

Q. All right. So what did you do as the drilling

superintendent for the Mad Dog project?

A. We implemented the drilling and completion plans that theengineering department provided to us.

Q. So did you have a similar role and responsibility for the

Mad Dog project with what you had in connection with the

Macondo project?

A. Yes.

Q. And, again, was the Mad Dog project a deepwater well

similar to the Macondo project?

A. Yes.

Q. Okay. What did you do then, after you completed your work

with the Mad Dog project?

A. Well, while I was a drilling superintendent for Mad Dog, I

also was assigned to be the drilling superintendent for

Holstein, another deepwater development in Green Canyon. They

were only about 13 miles apart, so it made sense.

So first I was the drilling superintendent for both

of these developments. Then after that, in September of 2007,

OFFICIAL TRANSCRIPT

12 1 A M

22 1 A M

32 1 A M

42 1 A M

52 1 A M

62 1 A M

72 1 A M

82 1 A M

92 1 A M

102 1 A M

112 1 A M

122 1 A M

132 1 A M

142 1 A M

152 1 A M

162 1 A M

172 1 A M

182 1 A M

192 2 A M

202 2 A M

212 2 A M

222 2 A M

232 2 A M

242 2 A M

252 2 A M


18/189

8581


I became the wells team leader for the Deepwater Horizon.

Q. So you were the wells team leader for the

Deepwater Horizon from October of 2007?

A. The end of September.

Q. I'm sorry. September of 2007.

And did you remain in the position of drilling

superintendent or wells team leader for the Deepwater Horizon

from 2007 through the time of the incident in April of 2010?

A. Yes.Q. So by the time of this incident, you had been working with

the Deepwater Horizon for a three-year period?

A. Yes.

MS.KARIS: All right. And if we could pull up

D-4941, please.

BY MS.KARIS:

Q. Mr. Guide, does this describe -- I'm sorry. I'll let you

get your glasses there.

A. Yes.

Q. Does this accurately describe the experience that you had

had in the oil and gas industry from the time that you

graduated up through the time of the incident, 33 years of

experience in the industry with working for a variety of

companies, three companies, drilled over 35 to 40 wells? Is

that accurate?

A. Well, that would be just deepwater wells alone.

OFFICIAL TRANSCRIPT

12 2 A M

22 2 A M

32 2 A M

42 2 A M

52 2 A M

62 2 A M

72 2 A M

82 2 A M

92 2 A M

102 2 A M

112 2 A M

122 2 A M

132 2 A M

142 3 A M

152 3 A M

162 3 A M

172 3 A M

182 3 A M

192 3 A M

202 3 A M

212 3 A M

222 3 A M

232 3 A M

242 3 A M

252 3 A M


19/189

8582


Q. Deepwater wells alone?

A. Yes.

Q. And then you have 20 -- of those 33 years, 23 years has

been spent either in drilling completions, production, or

workover work?

A. Yes.

Q. All right. And then specifically with respect to

operations, you've had ten years of experience?

A. Yes.Q. And seven of those years have been in the Gulf of Mexico

as a drilling superintendent or wells team leader, same

position?

A. Yes.

Q. And then three of those years, as we just said, were

specific to the Deepwater Horizon?

A. Yes.

Q. So at the time of this incident, you had 33 years of

experience in the industry?

A. 30.

Q. 30, I'm sorry. This takes us up to date.

A. Yes.

Q. Thank you.

MS. KARIS: We can take that down, please. Thanks.

BY MS. KARIS:

Q. Now, I'd like to discuss with you some of your

OFFICIAL TRANSCRIPT

12 3 A M

22 3 A M

32 3 A M

42 3 A M

52 3 A M

62 3 A M

72 3 A M

82 3 A M

92 3 A M

102 3 A M

112 3 A M

122 3 A M

132 3 A M

142 3 A M

152 4 A M

162 4 A M

172 4 A M

182 4 A M

192 4 A M

202 4 A M

212 4 A M

222 4 A M

232 4 A M

242 4 A M

252 4 A M


20/189

8583


responsibilities as the wells team leader for the

Deepwater Horizon. Could you describe for the Court what that

position entailed.

A. It was the operations portion of the process. The

drilling engineering team would develop a plan, and they would

hand it over to the operations team, which is what the wells

team leader ran, and then we would implement their plan.

Q. So the drilling engineering team would design the plan and

then your team would execute the implementation of that plan;is that a fair description?

A. Yes.

Q. Okay. And you said the well site leaders reported to you?

A. Yes, they did.

Q. Tell us what your relationship with the well site leaders

was; that is, what were your responsibilities with respect to

the well site leaders?

A. Well, I was their office liaison. I was their -- the

person that, you know, gave them the direction of what they,

you know, what they needed to do. But, really, I was really

there just to make their job easier, is what it was.

Q. So the well site leaders, were they onshore or offshore?

A. They were offshore.

Q. And your position, was that onshore or offshore?

A. It was onshore.

Q. So you were onshore and they worked offshore on the rigs?

OFFICIAL TRANSCRIPT

12 4 A M

22 4 A M

32 4 A M

42 4 A M

52 4 A M

62 4 A M

72 4 A M

82 4 A M

92 4 A M

102 5 A M

112 5 A M

122 5 A M

132 5 A M

142 5 A M

152 5 A M

162 5 A M

172 5 A M

182 5 A M

192 5 A M

202 5 A M

212 5 A M

222 5 A M

232 5 A M

242 5 A M

252 5 A M


21/189

8584


A. Yes.

Q. Now, as a wells team leader, do you have primary

responsibility for designing the well or making engineering

design decisions?

A. No.

Q. Okay. Which team does the engineering design decisions?

A. The engineering team.

Q. Now, as -- in your capacity, though, as the wells team

leader, do you have any role in the engineering process?A. Not the actual process, but I gave input, you know.

Q. And tell the Court how that works. As a wells team

leader, how do you provide input to the drilling engineers as

you're executing the design plan that has been put together by

that team?

A. So they have a -- through all BP, there's a certain

process that's followed to design a well. And then once the

well is designed, the drilling team -- I'm sorry, the drilling

engineering team and all the third-party contractors come

together with myself. And then we -- they basically implement

the plan step-by-step together.

Q. Now, the drilling process has been described by some as a

"team effort." In your experience in the industry, do you

agree with that statement?

A. Yes.

Q. Okay. And why do you agree with the statement that the

OFFICIAL TRANSCRIPT

12 5 A M

22 5 A M

32 5 A M

42 5 A M

52 5 A M

62 5 A M

72 6 A M

82 6 A M

92 6 A M

102 6 A M

112 6 A M

122 6 A M

132 6 A M

142 6 A M

152 6 A M

162 6 A M

172 6 A M

182 6 A M

192 6 A M

202 6 A M

212 6 A M

222 6 A M

232 6 A M

242 6 A M

252 6 A M


22/189

8585


drilling process is a team effort?

A. I don't think you could do it if it wasn't.

Q. And what do you mean by that?

A. It's -- wells are -- they're challenging, they're

complicated, and there's just so many pieces -- so many pieces

to it. It would not be possible for one person or even one

group to do it. I mean, you're talking 250 people to actually

drill one well.

Q. And do you rely on a variety of different contractors aspart of that team effort?

A. Yes.

Q. All right.

MS. KARIS: If we could look up -- I'm sorry, put up

D-4316, please.

BY MS. KARIS:

Q. This is a chart of the breakdown of the employees who were

on the Deepwater Horizon on the day of the incident. And on

the right-hand column there, there are a variety of different

contractors, including Transocean, BP, M-I SWACO, Oceaneering,

Weatherford, Dril-Quip, and a variety of others. Is this

typical in drilling a deepwater well to have a number of

contractors, such as what -- the folks that were on the Horizon

on April 20th of 2010?

A. Yes.

Q. Is there anything unusual or atypical about having a

OFFICIAL TRANSCRIPT

12 7 A M

22 7 A M

32 7 A M

42 7 A M

52 7 A M

62 7 A M

72 7 A M

82 7 A M

92 7 A M

102 7 A M

112 7 A M

122 7 A M

132 7 A M

142 7 A M

152 7 A M

162 7 A M

172 7 A M

182 7 A M

192 7 A M

202 8 A M

212 8 A M

222 8 A M

232 8 A M

242 8 A M

252 8 A M


23/189

8586


number of these contractors involved in the execution of the

well design?

A. No.

Q. All right. I'd like to talk to you about some of the

members of your team and the Macondo wells team in particular.

MS. KARIS: If we could put up D-4800, please.

BY MS. KARIS:

Q. D-4800 is entitled the "Macondo Drilling Team for

April 20th of 2010." And since you worked with these folks,I'd like to have an opportunity to speak with you about some of

them.

First of all, does this accurately reflect the

organization of the folks who worked in some capacity on the

Macondo well team?

A. Yes.

Q. Okay. We're going to start down here with the well site

leaders. These are the folks that reported to you; correct?

A. Yes.

Q. And then Mr. Cocales, the senior operations engineer, also

reported to you?

A. Yes.

Q. All right. We're going to walk through some of their

functions in a second. But, first of all, the Court has heard

from Mr. Ronnie Sepulvado. And then is Murry Sepulvado his

brother?

OFFICIAL TRANSCRIPT

12 8 A M

22 8 A M

32 8 A M

42 8 A M

52 8 A M

62 8 A M

72 8 A M

82 8 A M

92 8 A M

102 8 A M

112 8 A M

122 8 A M

132 8 A M

142 8 A M

152 8 A M

162 8 A M

172 9 A M

182 9 A M

192 9 A M

202 9 A M

212 9 A M

222 9 A M

232 9 A M

242 9 A M

252 9 A M


24/189

8587


A. Yes.

Q. Do they both work for you?

A. Yes.

Q. Tell us how long you have known the Sepulvado brothers and

how long they have worked for you.

A. I first worked with Ronnie and Murry starting in 2000 when

we drilled all the wells at the Horn Mountain development.

Q. Okay. So you had known them at least a decade by the time

of the incident?A. Yes.

Q. And then Mr. Vidrine is listed here, Don Vidrine. How

long had you worked with Don Vidrine?

A. Since January of 2010. I knew him before, but he had

worked for other -- other well team leaders.

Q. Okay. So he came to work with you in January of 2010?

A. Yes.

Q. How did Mr. Vidrine get added to your team? Did somebody

recommend him to you?

A. Yes. He wanted to do something different. He was on a

development -- as in a development project as opposed to an

exploration program. And he wanted to get into exploration.

And so he was recommended.

Q. Okay. And then Earl Lee, is he the fourth well site

leader assigned to your team?

A. Yes.

OFFICIAL TRANSCRIPT

12 9 A M

22 9 A M

32 9 A M

42 9 A M

52 9 A M

62 9 A M

72 9 A M

82 9 A M

92 9 A M

102 9 A M

112 9 A M

122 9 A M

132 9 A M

142 9 A M

153 0 A M

163 0 A M

173 0 A M

183 0 A M

193 0 A M

203 0 A M

213 0 A M

223 0 A M

233 0 A M

243 0 A M

253 0 A M


25/189

8588


Q. How would you describe your relationship, your overall

relationship, with the team that reported to you?

A. I think it was great.

Q. Okay. And then we have here Mr. Cocales. His title was

senior operations engineer. Can you tell us what the role of a

senior operations engineer is who reported to you?

A. He really was our main liaison with the other drilling

engineers. Every rig is different in some way or fashion, and

he would be sort of the Deepwater Horizon representativewhenever they were doing the design process for the wells, for

the whole BTB process.

Q. How long had you worked with Mr. Cocales?

A. A couple years.

Q. Okay. And how would you describe your relationship with

Mr. Cocales?

A. It was very good.

Q. Okay. And then going up, again, this is the operations

side of the Macondo wells team; is that correct?

A. Yes.

Q. By "this," I mean on the left-hand side.

A. Yes.

Q. All right. And then you reported to Mr. Sims, who was the

D & C operations manager for exploration and appraisal;

correct?

A. That's right.

OFFICIAL TRANSCRIPT

13 0 A M

23 0 A M

33 0 A M

43 0 A M

53 0 A M

63 0 A M

73 0 A M

83 1 A M

93 1 A M

103 1 A M

113 1 A M

123 1 A M

133 1 A M

143 1 A M

153 1 A M

163 1 A M

173 1 A M

183 1 A M

193 1 A M

203 1 A M

213 1 A M

223 1 A M

233 1 A M

243 1 A M

253 1 A M


26/189

8589


Q. All right.

How long had you worked with Mr. Sims?

A. I first started working -- I actually started working for

Mr. Sims in September of 2007.

Q. Okay. And how long have you known Mr. Sims?

A. Since 1997.

Q. And you said you worked for him in September of 2007. In

what capacity did you work for him?

A. Whenever I joined the Deepwater Horizon team, the nameswere different, but he was what was called the wells program

manager and I was a drilling superintendent.

Q. Okay. And then did Mr. Sims subsequently move to a

different role and then come back to being your boss here as

the operations manager?

A. That's correct.

Q. How would you describe your relationship with Mr. Sims?

A. It was very good. He was my friend.

Q. Okay. So you had a friendship with Mr. Sims as well as

him being your boss?

A. Yes. We were friends.

Q. Okay. Now, Mr. Kaluza is one of the well site leaders

that is not on this list but was on the Deepwater Horizon on

the evening of the incident; correct?

A. That's correct.

Q. Okay. Had you known Mr. Kaluza prior to him going to the

OFFICIAL TRANSCRIPT

13 1 A M

23 1 A M

33 1 A M

43 2 A M

53 2 A M

63 2 A M

73 2 A M

83 2 A M

93 2 A M

103 2 A M

113 2 A M

123 2 A M

133 2 A M

143 2 A M

153 2 A M

163 2 A M

173 2 A M

183 2 A M

193 2 A M

203 2 A M

213 2 A M

223 2 A M

233 3 A M

243 3 A M

253 3 A M


27/189

8590


Deepwater Horizon?

A. Well, I knew of him.

Q. Had he ever worked with you?

A. No.

Q. And then Mr. Lambert, he was the well site leader trainee

which the Court heard from -- who the Court heard from last

week. He was on the rig on the evening of the 20th as well;

correct?

A. Yes.Q. And can you tell us how you knew of Mr. Lambert?

A. He was -- he was part of the Well Site Leader of the

Future Program, and he was assigned. They -- you know, they --

I knew the guy that ran the program. His name was

Martin Breazeale and he assigned the Well Site Leaders of the

Future to different operations.

Q. And so he was then assigned to the Deepwater Horizon and

to your team?

A. Yes.

Q. Now, we've covered some of the folks on the operations

side here of the Macondo well team. I'd like to now go to some

of the engineering folks. And was this the drilling

engineering team who was assigned as to the Macondo well?

A. Yes.

Q. Now, your -- when did your team, the Deepwater Horizon

team, join the operations at the Macondo well?

OFFICIAL TRANSCRIPT

13 3 A M

23 3 A M

33 3 A M

43 3 A M

53 3 A M

63 3 A M

73 3 A M

83 3 A M

93 3 A M

103 3 A M

113 3 A M

123 3 A M

133 3 A M

143 3 A M

153 3 A M

163 3 A M

173 3 A M

183 3 A M

193 3 A M

203 4 A M

213 4 A M

223 4 A M

233 4 A M

243 4 A M

253 4 A M


28/189

8591


A. The Marianas actually -- I'm sorry, the Transocean

Marianas rig started the well. And then we -- we joined it in

February of 2010 at a certain casing point.

Q. Now, that's the operations team.

The engineering team, do you know when they joined

the Macondo wells team?

A. Yes. They actually -- these folks actually planned the

well that the Marianas started. So they would have started

in -- on Macondo in February of 2009, February/March of 2009.Q. So while the operations team changed out, the drilling

engineering team remained with the Macondo well from the

beginning through April 20th; is that accurate?

A. That's correct.

Q. Okay. And is that typical for a well; that is, the

engineering team remains with the well even if the rig team, if

you will, changes out?

A. That's correct.

Q. Why is that?

A. It's for continuity.

Q. Okay. Let's talk about some of the folks here on the

engineering team. Let's start first with Mr. Hafle.

Was he the senior drilling engineer for the Macondo

project?

A. Yes.

Q. Do you know Mr. Hafle prior to Macondo?

OFFICIAL TRANSCRIPT

13 4 A M

23 4 A M

33 4 A M

43 4 A M

53 4 A M

63 4 A M

73 4 A M

83 4 A M

93 4 A M

103 5 A M

113 5 A M

123 5 A M

133 5 A M

143 5 A M

153 5 A M

163 5 A M

173 5 A M

183 5 A M

193 5 A M

203 5 A M

213 5 A M

223 5 A M

233 5 A M

243 5 A M

253 5 A M


29/189


30/189

8593


A. It's a regimented program that lasts three years where you

go through certain specific development modules that you have

to actually take tests and pass. And then once you -- once you

do all the training and pass all the modules, then you would be

classified as a regular engineer.

Q. So it's a training program where you go through different

training steps before you become a regular drilling engineer;

is that accurate?

A. Yes, that's correct.Q. And by the time Mr. Morel worked on the Macondo project,

had he finished or completed that Challenger program?

A. Yes, he did.

Q. Now, Mr. Hafle and Mr. Morel reported up to Greg Walz, who

was the drilling engineering team leader; correct?

A. That's correct.

Q. First of all, tell us, did you know Mr. Walz?

A. Yes.

Q. Okay. How long had Mr. Walz been with this team?

A. Since March of 2010.

Q. Okay. So Mr. Walz was relatively new to this team?

A. Yes.

Q. Okay. Did you know Mr. Walz prior to him joining the

Macondo team?

A. Yes. I knew -- I met Greg in 2000.

Q. Had you ever worked with him prior to the Macondo team?

OFFICIAL TRANSCRIPT

13 6 A M

23 6 A M

33 6 A M

43 6 A M

53 6 A M

63 6 A M

73 6 A M

83 7 A M

93 7 A M

103 7 A M

113 7 A M

123 7 A M

133 7 A M

143 7 A M

153 7 A M

163 7 A M

173 7 A M

183 7 A M

193 7 A M

203 7 A M

213 7 A M

223 7 A M

233 7 A M

243 7 A M

253 7 A M


31/189

8594


A. No.

Q. Now, you've described the various members of this team --

I'm sorry, we skipped Mr. Sprague. He's the drilling

engineering manager. Can you tell us what Mr. Sprague's

responsibilities would have been as the drilling engineering

manager?

A. So there were various groups in the Gulf of Mexico that

had drilling engineering team leaders, like there was

Thunder Horse, Atlantis, different developments. And thenE & A was another one. Mr. Sprague was in charge of drilling

engineering for all the groups. So he was -- so, in essence,

he was the head drilling engineer for BP in the Gulf of Mexico.

Q. Okay. And then they all reported up to Mr. O'Bryan;

correct?

A. Yes.

Q. And then Mr. O'Bryan would have reported up to the

strategic performance unit leader, who at the time was

Mr. James Dupree; correct?

A. That's correct.

Q. All right. Now, based on years of experience that you had

with a variety of these team member, how would you describe the

drilling engineers' and the well site leaders' attitude towards

safety?

A. It was a top priority.

Q. Okay. And what gave you the impression that safety was

OFFICIAL TRANSCRIPT

13 7 A M

23 7 A M

33 7 A M

43 7 A M

53 8 A M

63 8 A M

73 8 A M

83 8 A M

93 8 A M

103 8 A M

113 8 A M

123 8 A M

133 8 A M

143 8 A M

153 8 A M

163 8 A M

173 8 A M

183 8 A M

193 8 A M

203 8 A M

213 8 A M

223 8 A M

233 8 A M

243 9 A M

253 9 A M


32/189

8595


their top priority?

A. It was instilled in everybody. It was an obvious thing

that safety was the utmost importance. Plus, it was -- it was

just part of the process. The processes that we had in place

always took safety into account.

Q. Did any of their actions at any time that you worked with

them -- with any of them indicate to you that they were

indifferent to the consequences of their actions?

A. No.Q. Did any of them ever give you the impression that they

were not concerned about the safety and well being of

themselves as well as the others who were associated with this

project?

A. No.

Q. We've talked about the BP team that worked on the Macondo

well. Now I'd like to ask you a little bit about the

Transocean team that worked on the Macondo well.

Did you have an opportunity to interact with

Transocean's crew who worked on the Macondo well once the

Deepwater Horizon arrived in late January or early February of

2010?

A. I did.

Q. Okay. And did you know that crew from your prior

involvement with them the three years that you had been the

drilling superintendent or wells team leader for that team?

OFFICIAL TRANSCRIPT

13 9 A M

23 9 A M

33 9 A M

43 9 A M

53 9 A M

63 9 A M

73 9 A M

83 9 A M

93 9 A M

103 9 A M

113 9 A M

123 9 A M

133 9 A M

143 9 A M

153 9 A M

163 9 A M

173 9 A M

183 9 A M

194 0 A M

204 0 A M

214 0 A M

224 0 A M

234 0 A M

244 0 A M

254 0 A M


33/189

8596


A. I did.

Q. And did you have confidence in the Transocean personnel

who were assigned to the Deepwater Horizon?

A. I thought they were the best in the business.

Q. Did you also have an opportunity to interact with the

leadership team of that crew; that is, the folks that worked

onshore?

A. Yes.

Q. That would include Mr. Johnson, Mr. Winslow, and others?A. Yes.

Q. And did you have confidence in Transocean's leadership

team?

A. Absolutely.

Q. Did you believe that Transocean's personnel, both onshore

and the crew that worked on the Deepwater Horizon, cared about

safety?

A. Yes.

Q. And did you believe that they, too, cared about the

consequences of their actions?

A. Yes.

Q. You said that you were assigned to the Deepwater Horizon

for approximately three years. I want to talk about some of

the accomplishments that were achieved while you were the wells

team leader for the Deepwater Horizon.

First of all, approximately how many wells had you

OFFICIAL TRANSCRIPT

14 0 A M

24 0 A M

34 0 A M

44 0 A M

54 0 A M

64 0 A M

74 0 A M

84 0 A M

94 0 A M

104 0 A M

114 0 A M

124 0 A M

134 0 A M

144 0 A M

154 0 A M

164 0 A M

174 0 A M

184 1 A M

194 1 A M

204 1 A M

214 1 A M

224 1 A M

234 1 A M

244 1 A M

254 1 A M


34/189

8597


drilled as the drilling superintendent on the Deepwater Horizon

in those three years?

A. Seven or eight.

Q. Okay.

MS. KARIS: And if we can pull up D-4341, please.

BY MS. KARIS:

Q. We have a chart here of all the various wells that the

Deepwater Horizon built while it was working while it was

leased to BP. And I understand you came in here late 2007; isthat correct?

A. Yes. It would have been at the Cortez Bank, which is

KC 244.

Q. And at the bottom here, we have the various numbers. And

I know they're a little difficult to read.

A. Yes. Right here.

Q. Great.

And so all the wells from KC 244 forward to the end

of 2010 were wells that were drilled with you as the drilling

superintendent?

A. That's correct.

Q. And these were all deepwater wells, as we can see from the

depth there; correct?

A. Yes.

Q. And one of them included, of course, the Tiber well which

the Court has heard a little bit about. What was the total

OFFICIAL TRANSCRIPT

14 1 A M

24 1 A M

34 1 A M

44 1 A M

54 1 A M

64 1 A M

74 1 A M

84 1 A M

94 1 A M

104 1 A M

114 1 A M

124 2 A M

134 2 A M

144 2 A M

154 2 A M

164 2 A M

174 2 A M

184 2 A M

194 2 A M

204 2 A M

214 2 A M

224 2 A M

234 2 A M

244 2 A M

254 2 A M


35/189

8598


depth of the Tiber well?

A. 35,050 feet.

Q. Was that a record at the time that that well was drilled?

A. It was the deepest oil and gas well ever drilled in the

world.

Q. And you were the drilling superintendent for that, or the

wells team leader at the time?

A. Yes.

Q. And then the Kodiak well is also listed here, 28,760 feet?A. Yes.

Q. You were the drilling superintendent for that?

A. Yes.

Q. Were each and every one of those wells drilled

successfully?

A. Yes.

Q. There's been some testimony in this case about the

relationship of team members as well -- the BP team members as

well as the Transocean team members. And I want to ask you

first, did you have regular occasion to interact with

Transocean where they would express to you the dealings that

were taking place on the rig and then you would express to them

any issues or concerns you had with them?

A. Yes.

Q. And did that include, of course, from time to time

identifying areas where you believed there could be

OFFICIAL TRANSCRIPT

14 2 A M

24 2 A M

34 2 A M

44 2 A M

54 2 A M

64 2 A M

74 2 A M

84 2 A M

94 2 A M

104 2 A M

114 2 A M

124 2 A M

134 2 A M

144 3 A M

154 3 A M

164 3 A M

174 3 A M

184 3 A M

194 3 A M

204 3 A M

214 3 A M

224 3 A M

234 3 A M

244 3 A M

254 3 A M


36/189

8599


improvements?

A. Oh, yes.

Q. And did that also include recognition of accomplishments

that the teams were making as they continued to work together?

A. Yes.

MS. KARIS: We can now pull up TREX-4095.1.2, please.

BY MS. KARIS:

Q. We were talking about the accomplishments and we'll walk

through this quickly. Was this -- which is an e-mail fromMr. Little dated June 18th of 2009 to a number of individuals

at BP, Mr. Lacy, Mr. Thierens, Mr. Rainey, Mr. Thorseth and

Mr. Leary and then with a carbon copy to you, and the subject

is the Tiber performance.

And Mr.-- was Mr. Little your boss at the time?

A. Yes, he was.

Q. All right. And so he was Mr. Sims' predecessor?

A. Yes.

Q. It says: "Just to let you know that the Tiber well

through the Paleo" --

Is that "-cene"?

A. Yeah, Paleocene.

Q. -- "-cene has been delivered at Top Quartile performance."

What does that mean?

A. The industry in whole keeps track of several matrix, and

its data that's shared through all the companies, and it's

OFFICIAL TRANSCRIPT

14 3 A M

24 3 A M

34 3 A M

44 3 A M

54 3 A M

64 3 A M

74 4 A M

84 4 A M

94 4 A M

104 4 A M

114 4 A M

124 4 A M

134 4 A M

144 4 A M

154 4 A M

164 4 A M

174 4 A M

184 4 A M

194 4 A M

204 4 A M

214 4 A M

224 4 A M

234 4 A M

244 4 A M

254 4 A M


37/189

8600


broken into, you know, the four quarters of performance. And

this well was actually in the top, the top quartile.

Q. Okay. And if we can now look at further up in the e-mail,

4095.1.3. Again, part of the same string.

And then Mr. Thierens, who we've heard some about

says: "This is an outstanding performance, great work.

Sincere thanks to all."

Did you share Mr. Thierens' sentiments that this was

an outstanding performance and great work by this team?A. Yes.

Q. And then Mr. Burns writes: "Nice work, guys. Business as

usual for the Horizon A team."

Is that the team that you were leading at the time?

A. Yes.

Q. Now, in addition to accomplishments at the Tiber well, did

the Deepwater Horizon continue to have an outstanding

performance record, both safety as well as drilling performance

record?

A. Yes.

MS. KARIS: And if we could now look at

TREX-51350.2.3, please.

BY MS. KARIS:

Q. We've heard some about Mr. Johnson. Is Mr. Johnson your

counterpart at Transocean?

A. Yes, he was.

OFFICIAL TRANSCRIPT

14 5 A M

24 5 A M

34 5 A M

44 5 A M

54 5 A M

64 5 A M

74 5 A M

84 5 A M

94 5 A M

104 5 A M

114 5 A M

124 5 A M

134 5 A M

144 5 A M

154 5 A M

164 5 A M

174 5 A M

184 6 A M

194 6 A M

204 6 A M

214 6 A M

224 6 A M

234 6 A M

244 6 A M

254 6 A M


38/189

8601


Q. Is he the person you interacted with on a daily basis?

A. Yes.

Q. Okay. And Mr. Johnson sent an e-mail to a number of

individuals, including you, and that's not highlighted there.

And what's the date of this e-mail?

A. April 2nd, 2010.

Q. So you received this e-mail just a couple weeks before

this incident; correct?

A. Yes.Q. And the subject is "Deepwater Horizon, one year recordable

free." Tell us what this e-mail was about.

A. The industry as well as BP keeps track of injuries, and

depending on the severity of the injury, some of them need to

be recorded and reported. And he was just bringing out the

point that the Horizon had gone one year without having any

type of incident.

Q. And he writes and he says: "Please pass on my

congratulations and admiration to the entire Deepwater Horizon

team."

And that entire Deepwater Horizon team would have

included yourself; correct?

A. That's correct.

Q. Okay. And did you share Mr. Johnson's sentiment that the

entire team deserved congratulations and then admiration for

achieving this accomplishment of one year, recordable free

OFFICIAL TRANSCRIPT

14 6 A M

24 6 A M

34 6 A M

44 6 A M

54 6 A M

64 6 A M

74 6 A M

84 6 A M

94 6 A M

104 6 A M

114 6 A M

124 6 A M

134 6 A M

144 7 A M

154 7 A M

164 7 A M

174 7 A M

184 7 A M

194 7 A M

204 7 A M

214 7 A M

224 7 A M

234 7 A M

244 7 A M

254 7 A M


39/189

8602


injuries?

A. Yes, I did.

Q. And he goes on to say that "reaching the milestone of

working one year recordable free is a great achievement and

something we should all feel proud of."

Were you proud of that accomplishment?

A. I was very proud.

Q. And it says: "It takes hard work and commitment from the

entire crew, and I would like to say thank you."Finally, it closes by saying: "Let's take one day at

a time, utilize with total commitment and passion all of our

safety tools and begin our quest of working two years

recordable injury free."

Did you agree with that statement?

A. Absolutely.

Q. Do you believe that you were managing the team that

reported to you in a way that was consistent with Mr. Johnson's

goal there, a request of working two years injury-free?

A. I did.

Q. At any time did anybody from Transocean, Halliburton, or

any of the other contractors that we saw listed earlier,

indicate to you that they did not believe that BP shared the

commitment and passion for safety?

A. No.

Q. Did anybody at any time, from any of the contractors that

OFFICIAL TRANSCRIPT

14 7 A M

24 7 A M

34 7 A M

44 7 A M

54 7 A M

64 7 A M

74 7 A M

84 7 A M

94 7 A M

104 8 A M

114 8 A M

124 8 A M

134 8 A M

144 8 A M

154 8 A M

164 8 A M

174 8 A M

184 8 A M

194 8 A M

204 8 A M

214 8 A M

224 8 A M

234 8 A M

244 8 A M

254 8 A M


40/189

8603


you worked with as part of this team, ever indicate to you that

they believed BP was pushing them too hard or demanding too

much of them?

A. No.

Q. At any time did anybody from any other contractors

indicate to you they thought -- that they thought you, as the

well team leader, was not managing the team in a way that was

consistent with the goal of safety being the number-one

priority?A. No.

Q. Do you believe that you were managing your team consistent

with the goal of safety being the number-one priority?

A. Yes, I did.

Q. Now, in addition to this accomplishment that Mr. Johnson

notes, did you also have other safety performance milestones

that were achieved with the Deepwater Horizon under your

tenure?

A. Yes.

Q. Can you describe some of those for the Court.

A. Well, the biggest accomplishment by far was reaching seven

years without a day away from work case.

Q. And what does that mean, "seven years without a day away

from work case"?

A. A day away from work case would be where someone got

injured to the point where they actually would have to miss

OFFICIAL TRANSCRIPT

14 8 A M

24 8 A M

34 8 A M

44 8 A M

54 8 A M

64 9 A M

74 9 A M

84 9 A M

94 9 A M

104 9 A M

114 9 A M

124 9 A M

134 9 A M

144 9 A M

154 9 A M

164 9 A M

174 9 A M

184 9 A M

194 9 A M

204 9 A M

214 9 A M

224 9 A M

234 9 A M

244 9 A M

255 0 A M


41/189

8604


work. And we had just got to the seven years in a row without

having such an incident.

Q. And was that quite an accomplishment, in your opinion,

having been in the industry for 30-plus years?

A. Yes, it was.

Q. Did you also receive any awards from the MMS for the

performance of the Deepwater Horizon's team?

A. Yes. The Horizon won an award when it was drilling

Atlantis, the Safe Rig of the Year award. And we were also upfor Safe Rig of the Year award in Lake Charles district for

2009.

Q. While you were the drilling superintendent or well team

leader, did any of the other rigs that you were in charge of

also get recognized for the accomplishments of those rigs under

your leadership?

A. When I was the Mad Dog drilling superintendent, the

Mad Dog rig won the Safe Rig of the Year award in the Houma

district one year and came in second the second year.

Q. And so all of those accomplishments were while you were

acting as the wells team leader for BP, managing the well site

leaders who were on those rigs; is that correct?

A. That's correct.

Q. All right. Let's change subjects.

There's been a lot of discussion in this case about

OMS and its application to the Deepwater Horizon, and I promise

OFFICIAL TRANSCRIPT

15 0 A M

25 0 A M

35 0 A M

45 0 A M

55 0 A M

65 0 A M

75 0 A M

85 0 A M

95 0 A M

105 0 A M

115 0 A M

125 0 A M

135 0 A M

145 0 A M

155 0 A M

165 0 A M

175 0 A M

185 0 A M

195 1 A M

205 1 A M

215 1 A M

225 1 A M

235 1 A M

245 1 A M

255 1 A M


42/189

8605


you we're not going to go through all of that again. But I do

want to ask you just a few questions on this subject.

As the wells team leader for BP, what was your

understanding for how BP's safety management system applied to

the Deepwater Horizon?

A. We had a bridging document with Transocean's SMS, their

safety management system, and our OMS system. So there was a

bridging document between the two, and it was in the contract.

That was the main -- the main connection.Q. So through the bridging document, OMS supplied the

Transocean safety management system?

A. Yes.

Q. And that was for the operations on the rig offshore;

correct?

A. That's correct.

Q. There has been an assertion in this case and, in fact, a

question asked to Mr. Newman, whether there was any safety

management system, then, that applied to the folks that worked

onshore. You were one of the wells team members who worked

onshore in connection with these operations; correct?

A. That's correct.

Q. Was there a safety management system that applied to you

and the rest of the drilling team who worked onshore?

A. Yes.

Q. What safety management system is that?

OFFICIAL TRANSCRIPT

15 1 A M

25 1 A M

35 1 A M

45 1 A M

55 1 A M

65 1 A M

75 1 A M

85 1 A M

95 1 A M

105 1 A M

115 2 A M

125 2 A M

135 2 A M

145 2 A M

155 2 A M

165 2 A M

175 2 A M

185 2 A M

195 2 A M

205 2 A M

215 2 A M

225 2 A M

235 2 A M

245 2 A M

255 2 A M


43/189

8606


A. Well, it all fell under the umbrella of OMS, but the

specific programs were the drilling engineering was -- it's

called "BTB common process," beyond the best common process.

That was their main management system.

And then on the operations side, and it all tied

together, was called "DWOP." It was the drilling wells

operating practices.

Q. And so between beyond the best, BTB, as you referenced it,

DWOP, drilling wells operations practices, was there somethingalso called ETPs, or engineering technical practices?

A. Yes. So then as part of the BTB process, then when you

get into the weeds, so to speak, you then have ETPs, which are

engineering technical practices. You have GPs, which are group

practices. You have site-specific practices. And we actually

had a -- it was called the "OMS library." And so you could

actually go onto this Web site and have access to all the

various processes and procedures and practices.

Q. Okay. It's been suggested that ETPs did not apply to

drilling. Is that accurate?

A. No.

Q. And likewise, is it accurate to say that there was no

safety management that applied to the work that you were doing

in connection with this well?

A. No. We had a very rigorous safety management system.

Q. That's all we're going to do on OMS. Let's talk about

OFFICIAL TRANSCRIPT

15 2 A M

25 2 A M

35 2 A M

45 2 A M

55 3 A M

65 3 A M

75 3 A M

85 3 A M

95 3 A M

105 3 A M

115 3 A M

125 3 A M

135 3 A M

145 3 A M

155 3 A M

165 3 A M

175 3 A M

185 3 A M

195 4 A M

205 4 A M

215 4 A M

225 4 A M

235 4 A M

245 4 A M

255 4 A M


44/189

8607


something different now.

Under the Transocean safety management system that

applied to the operations on the rig and then the OMS safety

management system that applied to the engineering or onshore

operations, did you use those programs in order to improve the

safety performance of the team that worked with you as well as

those that you reported to?

A. Yes.

Q. Okay. Let's step back, and can you tell the Court, whenyou say that you believed that your team shared the importance

of safety, what did you do or what programs were you involved

in through BP that you felt improved the safety of the

operations for onshore as well as offshore operations?

A. I thought the most effective one that we used was called

SOC, which was safety observation conversation. Do you want me

to explain?

Q. Well, just list them first, and then we'll go through

them.

A. Okay. SOCs, safety observation conversations. We had

Stop the Job, was one. And so was Pulse Check surveys.

Q. Did you also have something called "safety standdowns"?

A. Yes. Yes, we did.

Q. We're going to talk briefly about each of those. The

first one that you listed was SOCs, safety observation

conversations?

OFFICIAL TRANSCRIPT

15 4 A M

25 4 A M

35 4 A M

45 4 A M

55 4 A M

65 4 A M

75 4 A M

85 4 A M

95 4 A M

105 5 A M

115 5 A M

125 5 A M

135 5 A M

145 5 A M

155 5 A M

165 5 A M

175 5 A M

185 5 A M

195 5 A M

205 5 A M

215 5 A M

225 5 A M

235 5 A M

245 5 A M

255 5 A M


45/189

8608


A. Yes.

Q. Was this a program initiated by BP?

A. Yes.

Q. Okay. Tell us how safety observation conversations

worked.

A. So this could apply to anyone, but for myself, when I

would go to the rig, you would walk around and observe people

performing a task. And if you -- you know, once the task was

finished, you would have a conversation with them. And if theywere performing the task safely, then, you know, you would

discuss with them and say, you know, "Yes, I watched what you

were doing. You were doing it right, you know. Thank you."

But on the other hand, if you saw something that you

didn't think was safe, if you had to stop the job, you would.

But let's just say you didn't. Then you would discuss with

them after, okay, so, you know, "You really weren't doing this

right. Do you know why? Do you want me to explain?" And

stuff like that.

Q. Okay. So is it fair to say that it was basically an

observation where you would look at behavior and identify what

was being done right and then also identify areas for

improvement?

A. That's correct.

Q. Okay. Did you personally conduct some of these safety

observation conversations, SOCs, as you call them?

OFFICIAL TRANSCRIPT

15 5 A M

25 5 A M

35 5 A M

45 6 A M

55 6 A M

65 6 A M

75 6 A M

85 6 A M

95 6 A M

105 6 A M

115 6 A M

125 6 A M

135 6 A M

145 6 A M

155 6 A M

165 6 A M

175 6 A M

185 6 A M

195 6 A M

205 7 A M

215 7 A M

225 7 A M

235 7 A M

245 7 A M

255 7 A M


46/189

8609


A. Yes, I did.

Q. All right. There's been suggestion that BP only cared

about personal safety and not process safety. Do you agree

with that observation?

A. No. It was -- safety was safety. It was all one piece.

Q. And so when you were doing safety observation

conversations, were you limiting them in any way to just

personal safety and ignoring process safety concerns?

A. No.Q. You also referenced Safety Pulse Checks. First, describe

what is a Safety Pulse Check survey?

A. We would -- there would be a list of questions we would

put together on a form, and we would pass out the form to all

the guys and girls that worked on the rig and ask them to fill

it out.

Q. So who participated in these? The folks that worked on

the rig?

A. Yes.

Q. How often are Safety Pulse Checks given?

A. They were about once a year.

Q. And were Safety Pulse Checks something that began when

Mr. Neil Shaw was the strategic performance unit leader in the

Gulf of Mexico?

A. Yes.

Q. Why were Safety Pulse Checks being conducted?

OFFICIAL TRANSCRIPT

15 7 A M

25 7 A M

35 7 A M

45 7 A M

55 7 A M

65 7 A M

75 7 A M

85 7 A M

95 7 A M

105 7 A M

115 7 A M

125 8 A M

135 8 A M

145 8 A M

155 8 A M

165 8 A M

175 8 A M

185 8 A M

195 8 A M

205 8 A M

215 8 A M

225 8 A M

235 8 A M

245 8 A M

255 8 A M


47/189

8610


A. Well, we wanted to know what the people who were doing the

work, how they felt. Did they -- you know, did they -- and

also to get their feedback. You know, it was really about what

things are working good and what things aren't. Just trying to

get their input.

Q. And then did you, as the wells team leader, review the

results of those Safety Pulse Checks?

A. I did.

Q. And did you then pass those results on to your management?A. Yes.

MS. KARIS: If we could look at TREX-47570-N.1,

please.

BY MS. KARIS:

Q. This is the Safety Pulse Check - Report & Action Plan for

the Deepwater Horizon from 2008. Is this a Safety Pulse Check

that you're familiar with?

A. Yes.

Q. And was this administered while you were involved with the

Deepwater Horizon?

A. Yes, it was.

Q. All right.

MS. KARIS: If we could now look at 47570-N.3.1,

which is a page from this program.

BY MS. KARIS:

Q. This reports on the Safety Pulse Check positive feedback

OFFICIAL TRANSCRIPT

15 8 A M

25 8 A M

35 8 A M

45 8 A M

55 8 A M

65 8 A M

75 9 A M

85 9 A M

95 9 A M

105 9 A M

115 9 A M

125 9 A M

135 9 A M

145 9 A M

155 9 A M

165 9 A M

175 9 A M

185 9 A M

195 9 A M

205 9 A M

215 9 A M

225 9 A M

235 9 A M

240 0 A M

255 9 A M


48/189

8611


from team. And it begins on the top there, which we haven't

called out by saying: "Summary of positive feedback received

from questionnaire and engagement sessions."

And without going through each of these, can you

describe for the Court what the positive results were from the

Safety Pulse Checks that were administered to the

Deepwater Horizon's crew?

A. Well, the first one, the strong performance and safety

culture is embedded, was obviously very, very good to seebecause it meant that all the folks working on the rig

understood how important it was and they applied it day-to-day.

Personally, what I thought was very, very good was

the Stop-the-Job culture.

Q. Okay. That says, "stop-the-job culture was noted as very

strong by all personnel interviewed"; correct?

A. That's correct.

Q. And why did you personally think that that was something

that was very, very good?

A. Because there's a lot of activity that goes on every day.

And we -- we really wanted to make sure that everyone knew if

they saw something, anything, and either they didn't understand

it or they didn't think it was going like they thought, that

they had the obligation to stop the job.

Q. There's a result here for excellent teamwork between

Transocean, third party, and BP personnel. Is that consistent

OFFICIAL TRANSCRIPT

15 9 A M

25 9 A M

35 9 A M

40 0 A M

50 0 A M

60 0 A M

70 0 A M

80 0 A M

90 0 A M

100 0 A M

110 0 A M

120 0 A M

130 0 A M

140 0 A M

150 0 A M

160 0 A M

170 0 A M

180 0 A M

190 0 A M

200 0 A M

210 1 A M

220 1 A M

230 1 A M

240 1 A M

250 1 A M


49/189

8612


with your experience with the Deepwater Horizon and working

with Transocean, as well as other third-party contractors?

A. Yes, it was.

Q. And was that the feedback that the crew was giving to you,

BP, that they felt there was excellent teamwork being

conducted?

A. Oh, yes.

Q. All right. And then finally, it says, "All rig personnel

are very proud of safety and performance history"; correct?A. Yes.

Q. Did you ask only about personal safety?

A. No, no.

Q. Based on your experience and interaction with this crew,

are these results consistent with the feedback you were getting

from Transocean with respect to BP's performance on the

Deepwater Horizon and you and your team's performance onshore?

A. Yes. And the third-party folks.

MS. KARIS: And quickly and we'll move on to another

subject then, D-4350.

BY MS. KARIS:

Q. Does this reflect some of the Safety Pulse Check results

from that 2008 report?

A. Yes.

Q. Okay. And just to point out a couple here. "Do you feel

you are in control of your own" personal -- "of your own

OFFICIAL TRANSCRIPT

10 1 A M

20 1 A M

30 1 A M

40 1 A M

50 1 A M

60 1 A M

70 1 A M

80 1 A M

90 1 A M

100 1 A M

110 1 A M

120 1 A M

130 1 A M

140 1 A M

150 1 A M

160 2 A M

170 2 A M

180 2 A M

190 2 A M

200 2 A M

210 2 A M

220 2 A M

230 2 A M

240 2 A M

250 2 A M


50/189

8613


safety," and there's 100 percent responsiveness; correct?

A. Yes.

Q. What does that indicate when you get 100 percent?

A. That everyone understands.

Q. And then there's another one that says: "Do you feel you

are given enough time to properly plan the job?"

What are the results of that?

A. 100 percent.

Q. Okay. Were the results that were seen in 2008 consistentwith the results that you saw then in 2009 and going forward?

A. Yes, it was.

Q. We talked about stop-the-job as another program, so we

won't talk about that one again. But you also mentioned safety

standdowns. Are you familiar with safety standdowns?

A. Yes.

Q. What is a safety standdown?

A. It's when we actually stop the operation on the rig, and

all that can attend would go into the theater room and we would

have a safety discussion.

Q. And so do they take place on the rig, they stop the

operations and those who can attend come to this meeting where

you discuss the issues?

A. Yes.

Q. How often, in your experience, did safety standdowns stay

place?

OFFICIAL TRANSCRIPT

10 2 A M

20 2 A M

30 2 A M

40 2 A M

50 2 A M

60 2 A M

70 2 A M

80 2 A M

90 2 A M

100 3 A M

110 3 A M

120 3 A M

130 3 A M

140 3 A M

150 3 A M

160 3 A M

170 3 A M

180 3 A M

190 3 A M

200 3 A M

210 3 A M

220 3 A M

230 3 A M

240 3 A M

250 3 A M


51/189

8614


A. It was probably, average, once a month.

Q. So once a month you would stop the operations to discuss

something that was identified?

A. Yes.

Q. Does BP continue paying the rig rate, the daily rig rate

of almost $1 million, while the operations are stopped in order

to have a safety standdown?

A. Yes.

Q. Did you ever at any time raise any concerns withTransocean to not conduct a safety standdown because of rig

rates or time or time is money or anything like that?

A. No.

MS. KARIS: Let's look at TREX-47461, please. If we

can call out the bottom.

BY MS. KARIS:

Q. Talking about safety standdowns, was there a safety

standdown on the Deepwater Horizon on April 10th of 2010?

A. Yes, there was.

Q. So just ten days prior to this incident?

A. Yes.

Q. And this incident arises from crane block and dock

pictures, it says. It says: "While the block was lowered into

the stand, the stand shifted to the left, hitting the

roustabout in the left leg. The roustabout reported to the

medic. An ice pack was applied for a short period of time."

OFFICIAL TRANSCRIPT

10 3 A M

20 4 A M

30 4 A M

40 4 A M

50 4 A M

60 4 A M

70 4 A M

80 4 A M

90 4 A M

100 4 A M

110 4 A M

120 4 A M

130 4 A M

140 4 A M

150 4 A M

160 4 A M

170 4 A M

180 4 A M

190 4 A M

200 4 A M

210 5 A M

220 5 A M

230 5 A M

240 5 A M

250 5 A M


52/189

8615


As a result of this incident, did you recommend in

the top e-mail there to your boss, Mr. Sims, that a safety

standdown should be taken?

A. Yes.

Q. And did Mr. Sims support your view to do a safety

standdown?

A. Yes, he did.

MS. KARIS: And if we can now look at TREX-47461 --

1.3, I'm sorry.BY MS. KARIS:

Q. And is this Mr. Sims' response back to you where you

propose a safety standdown, and he says, "John, agree with the

standdown. Happy to take as much time as you think. 2 first

aids and 2 drops in 2 weeks is worth a timeout"?

So for two first aids and two drops in two weeks,

operations were going to stop at BP's expense in order to take

a safety standdown; is that accurate?

A. Yes.

Q. And you respond back there and you say: "You would have

shot 64 at Augusta today."

A. Right.

Q. What's that about?

A. Well, Mr. Sims was a very good golfer and we golfed

together, and we were both watching the Masters at that time

and I was just kidding with him.

OFFICIAL TRANSCRIPT

10 5 A M

20 5 A M

30 5 A M

40 5 A M

50 5 A M

60 5 A M

70 5 A M

80 5 A M

90 5 A M

100 5 A M

110 5 A M

120 5 A M

130 5 A M

140 5 A M

150 6 A M

160 6 A M

170 6 A M

180 6 A M

190 6 A M

200 6 A M

210 6 A M

220 6 A M

230 6 A M

240 6 A M

250 6 A M

7/28/2019 The Trial Transcript Will Be Made Available to the Public Once It Has Been Certified and

The Trial Transcript Will Be Made Available to the Public Once It Has Been Certified and Distributed...

Documents

Transcript of The Trial Transcript Will Be Made Available to the Public Once It Has Been Certified and Distributed...