On Sat, Aug 13, 2016 at 8:32 AM, a.ashfield <a.ashfi...@verizon.net> wrote:

The revised answer from IH says:
> "82. Indeed, when Murray eventually gained access to the Plant in February
> 2016 and examined the Plant,"
>
> So it doesn't look like Murray got access to the plant until after it was
> shut down.  It looks like IH didn't think there was much wrong before that
> or presumably they would have done something about it.  So it was Murray
> who raised the alarm at the last minute, which explains why IH didn't make
> the payment or at least start negotiating and appear to have been caught
> with their pants down when Rossi took it to court.
>

IH hired Murray in the middle of 2015 (para. 80).  In July 2015 Rossi
denied Murray access to the plant (para 81), so he was hired sometime
before this.  July 2015 is 4-5 months after the start of the purported
test.  It is straightforward to assume that IH had concerns at or before
the time that Murray was brought on.  Indeed, it is straightforward to
assume that IH had serious concerns as far back as 2014 or 2013, and that
they felt they had a situation to manage.

If we go with the Answer, Rossi appears to have believed that he could
initiate the GPT without IH's participation or consent.  My idle
speculation is that he was putting pressure on IH to back out of the
license agreement on terms that would allow him to keep the 11.5 million
dollars by going through the motions of a GPT that he knew they would not
agree to but whose outcome was not straightforward to predict if the matter
went to court.

The report of a constant water flow rate maybe explained by the flow meter
> giving a running total and the constant flow that Jed makes much of, was
> simply the average flow calculated by dividing the total by the number of
> days. I would be surprised if the ERV doesn't have a detailed record that
> was probably automatically logged on his computer.
>

IH appear to agree with you.  In the Answer, they say that Fabiani agreed
to send them "raw data," but that he didn't do this (para. 88).  That
detail alone should be enough to give onlookers a sense of how strange
things got.  This is the stuff of reality TV.

Eric

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