PLAINTIFFS’ RESPONSE TO DEFENDANTS’ MOTION · PDF filei PERLMAN, BAJANDAS, YEVOLI...

PERLMAN, BAJANDAS, YEVOLI & ALBRIGHT, P.L.

200 South Andrews Avenue, Suite 600, Fort Lauderdale, Florida 33301 • (954) 566-7117

283 Catalonia Avenue, Suite 200, Coral Gables, Florida 33134 • (305) 377-0086

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO. 1:16-CV-21199-CMA/O’Sullivan

ANDREA ROSSI and LEONARDO

CORPORATION,

Plaintiffs,

v.

THOMAS DARDEN; JOHN T. VAUGHN;

INDUSTRIAL HEAT, LLC; IPH

INTERNATIONAL B.V.; and

CHEROKEE INVESTMENT PARTNERS,

LLC,

Defendants.

INDUSTRIAL HEAT, LLC and IPH

INTERNATIONAL B.V.,

Counter-Plaintiffs,

v.

ANDREA ROSSI and LEONARDO

CORPORATION,

Counter-Defendants,

And

J.M. PRODUCTS, INC.; HENRY

JOHNSON; FABIO PENON; UNITED

STATES QUANTUM LEAP, LLC;

FULVIO FABIANI; and JAMES A. BASS,

Third-Party Defendants.

PLAINTIFFS’ RESPONSE TO DEFENDANTS’

MOTION TO EXCLUDE THE OPINIONS AND TESTIMONY OF DR. K. WONG

Plaintiffs, Andrea Rossi and Leonardo Corporation, by and through their undersigned

counsel, hereby respond to Defendants, Thomas Darden’s, John T. Vaughn’s, Industrial Heat,

LLC’s, IPH International, B.V.’s, and Cherokee Investment Partners, LLC’s (collectively,

“Defendants”), Motion to Exclude the Opinions and Testimony of Dr. K Wong.

Case 1:16-cv-21199-CMA Document 233 Entered on FLSD Docket 03/30/2017 of 16

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TABLE OF CONTENTS

TABLE OF AUTHORITIES .......................................................................................................... ii

INTRODUCTION .......................................................................................................................... 1

STATEMENT OF FACTS ............................................................................................................. 1

I. Defendants’ Experts, Joseph A. Murray and Rick A. Smith, P.E........................................ 1

II. Plaintiffs’ Rebuttal Expert, Professor Dr. Kaufui V. Wong ................................................ 2

ARGUMENT .................................................................................................................................. 3

I. Legal Standard ..................................................................................................................... 3

II. Dr. Wong’s Testimony is Offered for Rebuttal Purposes Only ........................................... 5

III. Dr. Wong’s Testimony Satisfies The Daubert Standard ................................................. 5

A. First Opinion: Suitability of COP to Evaluate the E-Cat ................................................. 6

B. Second Opinion: Relationship Between Electrical Input and COP ................................. 7

C. Third Opinion: Suitability of Work Conditions Due to Heat Energy Generated ............. 8

D. Fourth Opinion: Consistency with Energy Reported in the Penon Report .................... 11


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TABLE OF AUTHORITIES

Cases Aviva Sports, Inc. v. Fingerhut Direct Mktg.

929 F. Supp. 2d 802, 834 (D. Minn. 2011) ..................................................................................... 5

Coquina Invs. v. Rothstein

2011 U.S. Dist. LEXIS 120267 (S.D. Fla. Oct. 18, 2011) .............................................................. 5

Daubert v. Merrell Dow Pharm.

509 U.S. 579 (1993) ................................................................................................ 1, 3, 4,7, 10, 12

In re Denture Cream Prods. Liab. Litig.

795 F. Supp. 2d 1345 (S.D. Fla. 2011) ........................................................................................... 4

Nature’s Prods. v. Natrol, Inc.,2013 U.S. Dist. LEXIS 185676 (S.D.Fla. Oct. 7, 2013)3 - 5, 7, 10

Pandora Jewelers 1995, Inc. v. Pandora Jewelry, LLC,

2011 U.S. Dist. LEXIS 62969 (S.D. Fla. Jun. 7, 2011) .......................................... 5, 7, 8, 9, 11, 12

United Food Mart, Inc. v. Motiva Enters., LLC, 404 F. Supp. 2d 1344 (S.D. Fla. 2005). ............. 4

Rules

Rule 702 [of the Federal Rules of Evidence] .................................................................................. 6


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INTRODUCTION

The Defendants propose to offer Joseph A. Murray and Rick A. Smith, P.E. as experts in

the above-styled matter. As indicated in the Expert Disclosure of Joseph A. Murray (“Murray

Disclosure”) and the Expert Report of Rick A. Smith, P.E. (“Smith Report”), both proposed experts

intend to offer opinions pertaining to: (1) the Coefficient of Performance (“COP”) measurements

of Plaintiffs’ E-Cat technology, and (2) the heat dissipated at the Plaintiffs’ E-Cat plant located in

Doral, Florida (“Doral Facility”). To rebut the opinions of Murray and Smith, Plaintiffs retained

Professor Dr. Kau-Fui Vincent Wong. The Defendants move to exclude the opinions and testimony

of Dr. Wong pursuant to the standard set forth in Daubert v. Merrell Dow Pharm., 509 U.S. 579

(1993) pertaining to expert witnesses. Defendants’ arguments are based upon incorrect premises

which misinterpret and/or misrepresent Dr. Wong’s opinions. Defendants’ Motion [ECF No. 197]

should be denied.

STATEMENT OF FACTS

I. Defendants’ Experts, Joseph A. Murray and Rick A. Smith, P.E.

1. On January 30, 2017, Defendants served the Murry Disclosure and the Smith

Report. True and correct copies of each are attached hereto as Exhibits “A” and “B”, respectively.

2. The Murray Disclosure concluded, in relevant part, that:

a. “[T]he power absorbed during the testing of the E-cat plant… is at odds with

the amount of power used at [the] Doral location as demonstrated by Florida

Power & Light Company (“FPL”) records” (Murray Disclosure at 1);

b. “[T]here is no logical reason why the COP should be changing inversely to the

amount of power imputed [sic] given that the same E-cat plant was used

throughout the ‘guaranteed performance test’” (id. at 2); and

c. That given the conditions at the Doral Facility, the supply of 500 kw to 800 kw

of heat would have rendered the Doral Facility “unsuited for a human working

environment” (id.at 2).


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3. The Smith Report concludes, inter alia that:1

a. “The Penon reports, standing alone, are not valid to tabulate and compute the

performance of the E-Cat. The data are suspect and the methodology is not

explained,” based upon Penon’s use of COP to calculate the performance of the

E-Cat (Smith Report at 12-13 and 21); and

b. “The E-Cat never produced the energy which was claimed for it. This energy

had to be rejected somewhere, and this analysis has shown, by the process of

elimination, that the claimed energy never existed” (id. at 21).

4. As set forth in Plaintiffs’ Daubert Motion to Strike and Exclude Defendants’

Experts [ECF No. 215], Mr. Smith reached his conclusions without having seen the E-Cat and/or

the Doral Facility, and Mr. Murray failed to provide Plaintiffs with his qualifications and/or

supporting data.

II. Plaintiffs’ Rebuttal Expert, Professor Dr. Kaufui V. Wong

5. On February 13, 2017, Plaintiffs timely served the rebuttal Expert Disclosure of

Professor Dr. Kaufui V. Wong (“Wong Report”), a true and correct copy of which is attached

hereto as Exhibit “C”.

6. The Wong Report is intended only to rebut the conclusions of the Murray

Disclosure and the Smith Report. Specifically, the limited purpose of the Wong Report is:

a. “To evaluate existing conditions, photographs, documentation, and authorities

on thermodynamics to determine the feasibility of dissipation of 1MW of heat

energy at the facility located at 7861 N.W. 46th Street, Doral, Florida” (Wong

Report at 2);

b. “To evaluate the propriety and accuracy of the opinions rendered by Mr. Joseph

A. Murray as contained” in the Murray Disclosure (id.); and

c. “To evaluate the propriety and accuracy of opinions rendered by Mr. Rick A.

Smith, P.E. as contained” in the Smith Report (id.).

1 On March 20, 2017, at 8:47 p.m., the day before the original dispositive motion deadline in this matter,

Defendants served the Supplemental Expert Report of Rick A. Smith, P.E. which includes six additional conclusions.

Plaintiffs have moved to strike the same due to its untimeliness, but re-state that Plaintiffs have not had the opportunity

to investigate such matters and/or obtain a rebuttal expert.


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7. Prior to reaching any conclusions, Dr. Wong considered the Murray Disclosure and

the Smith Report. (Id. at 3.) Dr. Wong also inspected the Doral Facility in order to “take

measurements of the Doral Facility, interview Dr. Rossi with respect to the heat exchanger utilized

during the operation of the E-Cat plant, view the sources for ventilation of heat from the Doral

Facility, and determine whether the heat exchanger described by Dr. Rossi would have been

sufficient to disburse 1MW of heat from the Doral Facility.” (Id. at 3.)

8. Based upon the foregoing, Dr. Wong opined as to:

a. “The Coefficient of Performance is a criterion that is suitable to determine the

way the E-Cat plant functions” (id. at 4);

b. “There are clear and logical explanations for an inverse relationship between

the amount of power input into a device and the COP of that device” (id.);

c. Under the conditions described at the Doral Facility, it was more than possible

to expel 1MW of heat energy without rendering the Doral Facility “unsuited for

a human working environment” (id.); and

d. “Under the conditions observed and described at the Doral Facility, it was more

than possible to expel 1MW heat energy from the Doral Facility consistent with

the amount of energy reported in Dr. Penon’s report” (id.).

9. Moreover, the Wong Report expressly states that Dr. Wong “has not been asked

to opine, nor will he opine, as to the nature of the reaction underlying the E-Cat technology or

whether such reaction is in fact occurring.” (Id. at 2.) (Emphasis supplied).

10. On March 21, 2017, the Defendants filed their Motion to Exclude the Opinions and

Testimony of Dr. K. Wong (“Daubert Motion”).

ARGUMENT

I. Legal Standard

“Rule 702 [of the Federal Rules of Evidence], as explained by Daubert and its progeny,

governs the admissibility of expert testimony.” Nature’s Prods. v. Natrol, Inc., No. 11-62409-CIV,

2013 U.S. Dist. LEXIS 185676 (S.D. Fla. Oct. 7, 2013); see also In re Denture Cream Prods. Liab.

Litig., 795 F. Supp. 2d 1345 (S.D. Fla. 2011). The district courts must act as “gatekeepers” and

admit expert testimony if it is both reliable and relevant. Nature’s Prods. v. Natrol, Inc., No. 11-


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62409-CIV, 2013 U.S. Dist. LEXIS 185676 (S.D. Fla. Oct. 7, 2013). Such expert evidence is

reliable and relevant if: “(1) the expert is qualified to testify competently regarding the matters he

intends to address; (2) the methodology by which the expert reaches her conclusions is sufficiently

reliable as determined by the sort of inquiry mandated in Daubert; and (3) the testimony assists

the trier of fact, through the application of scientific, technical, or specialized expertise, to

understand the evidence or to determine a fact in issue.” Id.

Under the first prong, the “qualification standard for expert testimony is ‘not stringent,’

and ‘so long as the expert is minimally qualified, objections to the level of the expert’s expertise

[go] to credibility and weight, not admissibility.’” Id. (quoting Kilpatrick v. Breg, Inc., No. 08-

10052-CIV, 2009 U.S. Dist. LEXIS 76128 (S.D. Fla. Jun. 25, 2009)).

As to the second prong, a “trial judge has ‘considerable leeway’ in deciding how to

determine when a particular expert’s testimony is reliable and how to establish reliability.” Id.

(quoting Coconut Key Homeowners Ass’n, Inc. v. Lexington Ins. Co., 649 F. Supp. 2d 1363, 1371

(S.D. Fla. 2009)). Expert opinions may be reliably derived from literature review, witness

interviews and data analysis. Id. (Emphasis supplied). The district courts may also consider “(1)

whether the expert’s theory can be and has been tested; (2) whether the theory has been subject to

peer review and publication; (3) the known or potential rate of error of the particular scientific

technique; and (4) whether the technique is generally accepted in the scientific community.”

United Food Mart, Inc. v. Motiva Enters., LLC, 404 F. Supp. 2d 1344 (S.D. Fla. 2005).

Under the third prong, “expert testimony is admissible if it concerns matters that are beyond

the understanding of the average lay person.” Nature’s Prods. v. Natrol, Inc., No. 11-62409-CIV,

2013 U.S. Dist. LEXIS 185676 (S.D. Fla. Oct. 7, 2013) (quoting U.S. v. Frazier, 387 F.3d 1244,

1262 (11th Cir. 2004)). Additionally, “[a] rebuttal expert can testify as to the flaws that [he]

believed are inherent in another expert’s report that implicitly assumes or ignores certain facts.”

Pandora Jewelers 1995, Inc. v. Pandora Jewelry, LLC, No. 09-61490-CIV, 2011 U.S. Dist. LEXIS

62969 (S.D. Fla. Jun. 7, 2011) (emphasis supplied). “Thus, a rebuttal expert may ‘testify that, while

[the expert’s] report implicitly assumes (or erroneously fails to consider) facts X, Y, and Z, [the

expert’s] analysis is seriously flawed if the jury does not accept X, Y, and Z as true.” Id.; see also

Coquina Invs. v. Rothstein, No. 10-60786-CIV, 2011 U.S. Dist. LEXIS 120267 (S.D. Fla. Oct. 18,

2011); Aviva Sports, Inc. v. Fingerhut Direct Mktg., 929 F. Supp. 2d 802, 834 (D. Minn. 2011)


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(“The function of rebuttal testimony is to explain, repel, counteract or disprove evidence of the

adverse party.”)

II. Dr. Wong’s Testimony is Offered for Rebuttal Purposes Only

Plaintiffs offer Dr. Wong’s testimony solely to rebut the opinions of Murray and Smith. As

set forth in Plaintiffs’ Daubert Motion to Strike and Exclude Defendants’ Experts [ECF No. 215],

Defendants’ experts should be stricken and/or excluded for their failure to comply with Rule 26,

Fed. R. Civ. P., and to meet the Daubert standard. In the event the Court grants Plaintiffs’ motion

and excludes Defendants’ experts, Plaintiffs would no longer require the testimony of Dr. Wong,

and Defendants’ Motion to Exclude [ECF No. 197] would be rendered moot. Should the Court

deny Plaintiffs’ motion, either in whole or in part, Dr. Wong’s testimony more than satisfies the

Daubert standard as it is reliable, relevant, and necessary to rebut any and all conclusions of

Murray and Smith deemed admissible.

III. Dr. Wong’s Testimony Satisfies The Daubert Standard

Dr. Wong is well-versed in the area of thermodynamics, and his experience allows him to

testify competently as to the limited scope of his opinions. Specifically, Dr. Wong holds a Bachelor

of Science degree, with honors, from University of Malaya, a Master of Science degree from Case

Western Reserve University, and a Ph.D. from Case Western Reserve University. (Wong Report

at Ex. B.) Dr. Wong has also been a registered Professional Engineer in the State of Florida since

1983; has been a professor at the University of Miami since 1979, teaching in areas such as

thermodynamics; has held various positions relating to power plants and heat transfer studies; and

has published and/or assisted in publishing numerous books, monographs, journal articles and

other publications relevant to the matters upon which Dr. Wong opines. (Id.)

With respect to the foregoing qualifications, Dr. Wong offers four (4) primary opinions:

(1) “The Coefficient of Performance is a criterion that is suitable to determine the way the E-Cat

plant functions”; (2) “There are clear and logical explanations for an inverse relationship between

the amount of power input into a device and the COP of that device”; (3) Under the conditions

described at the Doral Facility, it was more than possible to expel 1MW of heat energy without

rendering the Doral Facility “unsuited for a human working environment”; and (4) “Under the

conditions observed and described at the Doral Facility, it was more than possible to expel 1MW


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heat energy from the Doral Facility consistent with the amount of energy reported in Dr. Penon’s

report.” (Wong Report at 4.)

A. First Opinion: Suitability of COP to Evaluate the E-Cat

Dr. Wong’s first opinion states that the “Coefficient of Performance is a criterion that is

suitable to determine the way the E-Cat plant functions.” (Wong Report at 4.) The opinion is

offered for the sole purpose of rebutting Smith’s opinion that the “Penon reports, standing alone,

are not valid to tabulate and compute the performance of the E-Cat” based upon Penon’s use of

COP to calculate the performance of the E-Cat. (Smith Report at 12-13 and 21.)

The Defendants argue that Dr. Wong’s first opinion “would not be helpful to the jury

because it is speculative, unreliable, and based on insufficient facts and incorrect assumptions.”

(ECF No. 197 at 7.) Specifically, the Defendants argue that: (1) Dr. Wong cannot testify

competently regarding “the way the E-Cat Plant functions” or “the way the E-Cat Plant was

operated” (id.); (2) Dr. Wong’s opinion is not based on science, but only what he was told was

agreed to (id. at 8); and that (3) Dr. Wong’s testimony will not assist the trier of fact (id. at 13).

The Defendants’ argument misstates and/or misrepresents Dr. Wong’s opinion. As expressly noted

in the Wong Report, Dr. Wong is not opining “as to the nature of the reaction underlying the E-

Cat technology or whether such reaction is in fact occurring.” (Wong Report at 2.). Such an opinion

is left solely and definitively to the Expert Responsible for Validation agreed-upon by the parties.

Rather, Dr. Wong’s first opinion is directed only toward rebutting the Defendants’ experts’

conclusion that “COP” is an improper measurement, and the opinion is admissible pursuant to

Daubert.

First, Dr. Wong is sufficiently qualified to opine that the COP measurement is justified for

the E-Cat. Defendants notably do not attack Dr. Wong’s overall qualifications; rather, Defendants

attack Dr. Wong’s qualifications only as they apply to the E-Cat technology. That is not relevant,

however, based upon the limited matter upon which Dr. Wong intends to testify. In fact, if this

Court were to accept Defendants’ qualification argument as true, Mr. Smith’s and Mr. Murray’s

testimony should similarly be excluded as Smith also lacks any knowledge and/or experience with

respect to the E-Cat and LENR technology, and Murray’s knowledge is limited at best. (See ECF

No. 215; Smith Tr. (“Exhibit D.”) 27: 20-21; Smith Tr. 37: 4-6; Smith Tr. 45:18-19; Smith Tr.

128:23-24; Smith Tr. 130:9-20; Murray Tr. (“Exhibit E”) 293:9-15.) Notwithstanding Defendants’


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argument, Dr. Wong maintains considerable experience with respect to thermodynamics, as well

as experience with power plants. (Wong Report at Ex. 4.) Dr. Wong’s qualifications are sufficient

for the purpose of rebutting Defendants’ experts’ opinion on whether COP is a proper

measurement of efficiency.

Second, Dr. Wong’s testimony is reliable pursuant to Daubert. Dr. Wong’s conclusion is

derived from reviewing the Murray Disclosure, the Smith Report and the Penon Report; from

interviewing Dr. Rossi regarding the systems utilized; and from inspecting and taking

measurements of the Doral Facility. (Wong Report at 3.) Such an in depth review is sufficient to

establish reliability. Nature’s Prods. v. Natrol, Inc., No. 11-62409-CIV, 2013 U.S. Dist. LEXIS

185676 (S.D. Fla. Oct. 7, 2013). This is particularly so given that Dr. Wong’s only purpose is to

point out the flaws inherent in the opinions of Murray and Smith. See, e.g., Pandora Jewelers

1995, Inc. v. Pandora Jewelry, LLC, No. 09-61490-CIV, 2011 U.S. Dist. LEXIS 62969 (S.D. Fla.

Jun. 7, 2011). Moreover, Defendants’ own expert Mr. Smith relied solely upon the information

provided by Defendants and did no independent investigation and/or observation of the Doral

Facility prior to rendering his report. (Smith Tr. 65:9-14; 129-131; 282-283). Accordingly, should

the court find that the information relied upon by Dr. Wong was insufficient, such finding would

be fatal to the reliability of Mr. Smith’s testimony as well.

Lastly, Dr. Wong’s testimony will assist the trier of fact. Rebuttal testimony that points out

the flaws of another expert’s report “would be helpful for the jury.” See Pandora Jewelers 1995,

Inc. v. Pandora Jewelry, LLC, No. 09-61490-CIV, 2011 U.S. Dist. LEXIS 62969 (S.D. Fla. Jun.

7, 2011) (citing 1st Source Bank v. First Resource Fed. Credit Union, 167 F.R.D. 61, 65 (N.D.

Ind. 1996)).

B. Second Opinion: Relationship Between Electrical Input and COP

Dr. Wong’s second opinion states that “[t]here are clear and logical explanations for an

inverse relationship between the amount of power input into a device and the COP of that device.

In fact, not only are such explanations logical, they should be expected from the way the E-Cat

plant was operated.” (Wong Report at 4.) This opinion is intended to rebut Murray’s opinion that

“there is no logical reason why the COP should be changing inversely to the amount of power

imputed [sic] given that the same E-cat plant was used throughout the ‘guaranteed performance

test.’” (Murray Disclosure at 2.)


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The Defendants argue that Dr. Wong’s second opinion is “speculative, unreliable, and

based on insufficient facts and incorrect assumptions” for the same reasons set forth as to the first

opinion (ECF No. 197 at 7), and because the second opinion is “nothing more than the application

of simple math to a process he does not understand” (id. at 11). Once again, the Defendants are

confusing the issues and attempting to distract from the relevant matters upon which Dr. Wong is

opining.

As stated above, Dr. Wong does not make any conclusions or opinions regarding the

underlying E-Cat technology. Such an evaluation was solely the job of the Expert Responsible for

Validation agreed-upon by the parties. Rather, Dr. Wong’s second opinion is intended to correct a

flaw in the Murray Disclosure—including Murray’s misapplication of the COP equation as it

relates to the FPL data. In correcting Murray’s flaw, Dr. Wong does more than apply “simple

math.” Dr. Wong applied the information derived from the Smith Report, the Wong Report, and

the Penon Report, in addition to information derived from his interviews with Dr. Rossi. Should

this Court determine that Murray’s opinion that “there is no logical explanation” for the data

recorded by Dr. Penon based solely upon the ipse dixit of Murray (it should not), then certainly

Dr. Wong’s evaluation of the COP equation and explanation of the relationship between the data

input into such equation carries the same, if not greater, reliability. As such, Dr. Wong’s second

opinion is reliable, will assist the trier of fact as detailed in Section III-A above, and is necessary

to demonstrate facts not considered in Murray’s Disclosure. See Pandora Jewelers 1995, Inc. v.

Pandora Jewelry, LLC, No. 09-61490-CIV, 2011 U.S. Dist. LEXIS 62969 (S.D. Fla. Jun. 7, 2011).

C. Third Opinion: Suitability of Work Conditions Due to Heat Energy

Generated

Dr. Wong’s third opinion states that “[u]nder the conditions described at the Doral Facility,

it was more than possible to expel 1MW of heat energy without rendering the Doral Facility

‘unsuited for a human working environment.’” (Wong Report at 4.) This opinion is intended to

rebut Murray’s opinion that given the conditions at the Doral Facility, the supply of 500 kw to 800

kw of heat would have rendered the Doral Facility “unsuited for a human working environment”

(Murray Disclosure at 2) and Smith’s opinion that the “E-Cat never produced the energy which

was claimed for it” because “by the process of elimination” the claimed energy never existed”

(Smith Report at 21).


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The Defendants argue that Dr. Wong’s third opinion is “speculative, unreliable, and based

on insufficient facts and incorrect assumptions” because Dr. Wong considered Dr. Rossi’s

statements pertaining to the existence of a heat exchanger at the Doral Facility. (ECF No. at 13-

20.) Again, the Defendants confuse the difference between a fact witness and an expert witness.

The Defendants hinge their argument on the fact that Dr. Wong did not see the heat exchanger

and, therefore, does not know whether or not it existed. (Id.) Notably, Dr. Wong is not opining to

the heat exchanger’s existence. Non-expert witnesses, including Dr. Rossi and Mr. James Bass

have already testified as to that fact. Dr. Wong, on the other hand, is opining that if the heat

exchanger existed as described (and as testified to), it could have dissipated enough heat to make

the working conditions at the Doral Facility suitable. Ironically, applying the Defendants’

argument to the testimony of both Murray and Smith, neither person’s testimony would be

admissible due to the fact that they had no personal knowledge as to whether the heat exchanger

existed or not. Since Defendant’s arguments cut both ways, if this Court were to find Dr. Wong’s

personal knowledge of the heat exchanger renders his testimony unreliable, Murray and Smith’s

testimony on the matter would be similarly inadmissible rendering Dr. Wong’s rebuttal

unnecessary. Moreover, Dr. Wong is more than qualified to opine on the dissipation of heat at the

Doral Facility based upon his experience in thermodynamics set forth above, and the books and

articles he published thereon. (Wong Report at Ex. B.)

With respect to reliability, Dr. Wong’s methodology in reaching his conclusion is more

than sufficient pursuant to Daubert. Specifically, Dr. Wong inspected the Doral Facility (unlike

Mr. Smith); observed the ventilation—including large loading bay doors, two large ventilation

fans, and the second floor heat exchanger area with three bays of windows accessible for

ventilation; took measurements; and considered the testimony and information provided by Dr.

Rossi. (Wong Report at 3-4.) The information provided to and considered by Dr. Wong included

the exact specifications of the heat exchanger, including the composition, length, interior diameter,

total surface area, encasement and air flow. (Id.) Pursuant to such investigation, Dr. Wong applied

various well established equations to determine that “the described heat exchanger would have

been more than sufficient to expel in excess of 1MW of heat energy from the Doral Facility.” (Id.

at 7.) Such methodology is sufficient. Nature’s Prods. v. Natrol, Inc., No. 11-62409-CIV, 2013

U.S. Dist. LEXIS 185676 (S.D. Fla. Oct. 7, 2013).


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Lastly, Dr. Wong’s third opinion will assist the trier of fact. Notably, both Murray and

Smith fail to consider the existence of a heat exchanger. In fact, Smith expressly declined to

consider that a heat exchanger was even a possibility, notwithstanding sworn testimony as to its

existence. Smith testified:

Q: Your – your report was predicated upon the assumption that there was no heat

exchanger, correct?

A: Correct.

Q: Okay. So if there was a heat exchanger, there would be different variables that you

had not accounted for in this report, correct?

A: I – I can’t answer that. Know nothing about it and – and a heat exchanger, even if

it’s installed, may not work. There may have been a heat exchanger there; it may

not have functioned.

Q: But you don’t know one way or another. If there was a functioning heat

exchanger there, sir, would that change the findings in your report?

A: It may, it may not. It probably will not.

Q: Why is that?

A: Because, again, I don’t believe it was there, based on my understandings of

thermodynamics and what I have – what pictures I have seen of the facility, I have

no reason to believe that it was there.

Q: Well, I’m asking you to assume, sir, that it was.

A: I’m not taking that assumption. Sorry.

(Smith Trans. at 184-185.)

Smith indicates that he reached his conclusion by “process of elimination.” (Smith Report

at 21.) Dr. Wong’s testimony will assist the jury by showing the inherent flaws of the Defendants’

expert reports, including, but not limited to, the failure to eliminate all possibilities for the

dissipation of heat. See Pandora Jewelers 1995, Inc. v. Pandora Jewelry, LLC, No. 09-61490-

CIV, 2011 U.S. Dist. LEXIS 62969 (S.D. Fla. Jun. 7, 2011).


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D. Fourth Opinion: Consistency with Energy Reported in the Penon

Report

Dr. Wong’s fourth opinion is similar to his third, and states that “[u]nder the conditions

observed and described at the Doral Facility, it was more than possible to expel 1MW heat energy

from the Doral Facility consistent with the amount of energy reported in Dr. Penon’s report.”

(Wong Report at 4.) The fourth opinion is also intended to rebut Murray’s opinion that given the

conditions at the Doral Facility, the supply of 500 kw to 800 kw of heat would have rendered the

Doral Facility “unsuited for a human working environment” (Murray Disclosure at 2) and Smith’s

opinion that the “E-Cat never produced the energy which was claimed for it” because “by the

process of elimination” the claimed energy never existed” (Smith Report at 21).

Defendants’ arguments with respect to Dr. Wong’s fourth opinion are exactly the same as

the arguments set forth with respect to the third opinion, relating to Dr. Wong’s purported lack of

knowledge as to the existence of a heat exchanger. (ECF No. 197 at 13-20.) Accordingly, for the

same reasons set forth above, Dr. Wong’s fourth opinion is admissible pursuant to Daubert.

Simply, Dr. Wong’s opinion is based upon an inspection of the Doral Facility, observations made

at the Doral Facility, and interviews with Dr. Rossi pertaining to the heat exchanger in question.

(Wong Report at 3-4.) This opinion will assist the trier of fact in understanding facts that Murray

and Smith failed and/or refused to consider in reaching their respective conclusions. See Pandora

Jewelers 1995, Inc. v. Pandora Jewelry, LLC, No. 09-61490-CIV, 2011 U.S. Dist. LEXIS 62969

(S.D. Fla. Jun. 7, 2011).

Dated: March 30, 2017. Respectfully submitted,

/s/John W. Annesser, Esq.

John W. Annesser, Esq. (FBN 98233)

[email protected]

Brian W. Chaiken, Esq. (FBN 118060)

[email protected]

D. Porpoise Evans, Esq. (FBN 576883)

[email protected]


283 Catalonia Avenue, Suite 200

Coral Gables, FL 33134

Telephone: 305.377.0086

Attorneys for Plaintiffs, Andrea Rossi and

Leonardo Corporation


mailto:[email protected]



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CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing was served by in the manner

specified below on March 30, 2017 all counsel or parties of record on the attached Service List.

/s/John W. Annesser, Esq.

John W. Annesser, Esquire


13




SERVICE LIST

Christopher R.J. Pace, Esq. (FBN 721166

[email protected]

Christopher M. Lomax, Esq. (FBN 56220)

[email protected]

Christina T. Mastrucci, Esq. (FBN 113013)

[email protected]

Erika S. Handelson, Esq. (FBN 91133)

[email protected]

JONES DAY

600 Brickell Avenue, Suite 3300

Miami, FL 33131

- and -

Bernard P. Bell, Esq. (PHV)

[email protected]

MILLER FRIEL, PLLC

1200 New Hampshire Avenue, N.W.

Suite 800

Washington, DC 20036

Attorneys for Defendants, Darden, Vaughn, Industrial Heat, LLC,

IPH Int’l B.V., and Cherokee Investment Partners, LLC

Service via: CM/ECF

Francisco J. León de la Barra, Esq. (FBN 105327)

[email protected]

Fernando S. Arán, Esq. (FBN 349712)

[email protected]

ARÁN CORREA & GUARCH, P.A.

255 University Drive

Coral Gables, Florida 33134

Attorneys for Third-Party Defendants, JMP, Johnson, and Bass

Service via: CM/ECF

Rodolfo Nuñez, Esq. (FBN 016950)

[email protected]

RODOLFO NUÑEZ, P.A.

255 University Drive

Coral Gables, Florida 33143

Attorney for Third-Party Defendants, Fabiani and USQL

Service via: CM/ECF


UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

ANDREA ROSSI and LEONARDO CORPORATION,

Plaintiffs,

v.

THOMAS DARDEN; JOHN T. VAUGHN, INDUSTRIAL HEAT, LLC; IPH INTERNATIONAL B.V.; and CHEROKEE INVESTMENT PARTNERS, LLC,

Defendants.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

CASE NO. 1:16-cv-21199-CMA

EXPERT DISCLOSURE OF JOSEPH A. MURRAY

INDUSTRIAL HEAT, LLC and IPH INTERNATIONAL B.V.,

Counter-Plaintiffs,

v.


Counter-Defendants,

and

J.M. PRODUCTS, INC.; HENRY JOHNSON; FABIO PENON; UNITED STATES QUANTUM LEAP, LLC; FULVIO FABIANI; and JAMES BASS,


) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

Case 1:16-cv-21199-CMA Document 233-1 Entered on FLSD Docket 03/30/2017 Page 1 of 13

- 1 -

EXPERT DISCLOSURE OF JOSEPH A. MURRAY

Defendants THOMAS DARDEN, JOHN T. VAUGHN, INDUSTRIAL HEAT, LLC

(“IH”), IPH INTERNATIONAL B.V. (“IPH”), and CHEROKEE INVESTMENT PARTNERS,

LLC (collectively, “Defendants”), pursuant to Fed. R. Civ. P. 26 (a)(2)(C), hereby submit the

expert disclosure of Joseph A. Murray:

I. INTRODUCTION

Joseph A. Murray, former Vice President of Engineering for Industrial Heat, LLC, shall

be testifying as to his opinions concerning the accuracy and reliability of the report by Fabio

Penon of the E-Cat plant as well as the performance of the E-cat plant itself.

II. SUMMARY OF OPINIONS

Comparisons Between Power Sold By Florida Power & Light Company to J.M. Products, Inc. and Power Reported As Absorbed By Fabio Penon and Fulvio Fabiani

Mr. Murray will describe how the data generated by Fabio Penon (“Penon”) and Fulvio

Fabiani (“Fabiani”) pertaining to the power absorbed during the testing of the E-cat plant at

ADDRESS OF DORAL LOCATION(“JMP”) is at odds with the the amount of power used at

Doral location as demonstrated by Florida Power & Light Company (“FPL”) records. See

“Exhibit A.” Using the values of power absorption into the reactor reported by Penon to

Industrial Heat, LLC, Mr. Murray compared these numbers to the actual power provided by FPL

to the Doral location and found numerous inaccuracies reported by Penon and Fabiani.

Mr. Murray also compared Penon and Fabiani’s data to the historical average amount of

power that the Doral location used before and after the purported “guarantee performance test”

(specifically before and after the reactor was turned on). Once again, Mr. Murray’s analysis

demonstrates that Penon and Fabiani’s reports on the power absorbed into the E-cat plant are


- 2 -

inaccurate when measured against power provided by FPL to Doral location are riddled with

inaccuracies when measured against the power actually provided by FPL to the plant. See

“Exhibit B.”

Inverse Relationship of Power Input to Plant and Coefficient of Power

Using the values reported by Penon to Industrial Heat, Mr. Murray compared the reported

power input to the E-cat plant reported by Penon against the reported coefficient of power

(“COP”) reported by Penon as reflected in Figure See “Exhibit C.” After comparing the two sets

of numbers, Mr. Murray’s results revealed an inverse relationship between the input power and

the COP (i.e., when the plant draws less power, the COP of the E-cat plant increases). Mr.

Murray will testify that there is no logical reason why the COP should be changing inversely to

the amount of power inputted given that the same E-cat plant was used throughout the

“guaranteed performance test.”

Heat Simulations

Mr. Murray will testify as to the heat simulations he ran to recreate the thermal conditions

inside the Doral location The thermal simulation involved a 500 kw or 800 kw power source

uniformly distributed in a container at the Doral location, 7861 NW 46th Street, Doral, FL 33166

and releasing heat into the ambient warehouse of the Doral location. Mr. Murray’s simulation

demonstrates how the heat would typically build over time to achieve a steady state temperature.

See “Thermal Simulations” This means that the room would have been heated to a temperature

unsuited for a human working environment.


- 3 -

Water Flow

Mr. Murray will be testifying as to the tests he conducted on the water flow into the E-cat

plant. The results of Mr. Murray’s test show that the measured flow meter used by Penon would

report a much higher flow of water than was actually occurring. The purpose of the test was to

determine how the flow meter used by Penon operated when a limited amount of water flowed

through it. Murray’s results showed that the water meter Penon used would show the results that

Penon reported when in fact the actual water flowing through the meter was multiples less than

what the meter showed. the behavior of the flow meter when a very minimum amount of water

was going through it. See “Water Flow Test Results”.

QUALIFICATIONS

Mr. Murray’s educational background includes an ABD from University of Maryland, an

M.S. from University of Utah and a B.S. from Michigan State University.


- 4 -

Dated: January 30, 2017. Respectfully submitted, /s/ Christopher R.J. Pace Christopher R.J. Pace [email protected] Florida Bar No. 721166 Christopher M. Lomax [email protected] Florida Bar No. 56220 Christina T. Mastrucci [email protected] Florida Bar No. 113013 Erika S. Handelson [email protected] Florida Bar No. 91133 Michael A. Maugans [email protected] Florida Bar No. 107531 JONES DAY 600 Brickell Avenue Brickell World Plaza Suite 3300 Miami, FL 33131 Tel: 305-714-9700 Fax: 305-714-9799 Counsel for Defendants/Counter-Plaintiffs Third Party-Plaintiffs


- 5 -


I HEREBY CERTIFY that a true and correct copy of the foregoing was served by e-mail

on counsel of record this 30th day of January, 2017.

/s/ Michael A. Maugans Michael A. Maugans


- 6 -

SERVICE LIST John W. Annesser, Esq. Brian Chaiken Paul D. Turner D. Porpoise Evans PERLMAN, BAJANDAS, YEVOLI & ALBRIGHT, P.L. 283 Catalonia Avenue, Suite 200 Coral Gables, FL 33134 Tel.: (305) 377-0086 Fax: (305) 377-0781 [email protected] [email protected] [email protected] [email protected] Counsel for Plaintiffs Fernando S. Aran ARAN, CORREA & GUARCH, P.A. 255 University Drive Coral Gables, FL 33134-6732 Tel.: (305) 665-3400 Fax: (305) 665-2250 [email protected] Counsel for JM Products, Inc., Henry Johnson and James Bass Rodolfo Nuñez RODOLFO NUNEZ, P.A. 255 University Drive Coral Gables, Florida 33134 Tel: (305) 665-3400 Fax: (305) 665-2250 [email protected] Counsel for United States Quantum Leap, LLC and Fulvio Fabiani


EXHIBIT A


="Fabiani [kW-Hr]")label="FPL ")

="Penon [kW-Hr]")


1200 Daily Energy Absorption

r Fabiani [kW-Hr)

FPL (kW-Hr]

1000 t ~ ~ Penon [kW-Hr]

000 1- t- 1- 1-

l: ~

600 t- t- t t

400

200

i 140000

Cumulative Energy Absorption

Fabiani [kW-Hr)

120000 1- i t FPL (kW-Hr]

t-

100000 1-

00000

l: 60000

~ 40000 t ~

20000

~ t-

( t- t t

+ ~ ~ ~ ~

-20000 Mar 2015 Apr 2015 May 2015 Jun 2015 Jul2015 Aug 2015 Sep 2015 Oct 2015 Nov 2015 Dec 2015 Jan 2016 Feb 2016

Date

EXHIBIT B



500

400

3:)0 l :1:

200 ~ -"'

100

0

- 100

45000

40000

35000

3:)000

:'E ~ -"'

25000

20000

15000

10000

5000

0 Mar 2015 Apr 2015 May 2015

Daily Energy Absorption

1- 1-

1- 1- 1-

+

· · · · · 4

I -- - - -- - - --- - - - --- - - -- ---- -- ----- - -

Jun 2015 Jul2015

1

Cumulative Energy Absorption

Aug 2015 Sep 2015

Date

Oct 2015 Nov 2015

- FPL- Penon

FPL - Penon (3 day rolling average)

Minimum Energy [kW-Hr/day]

Baseline Power Before (kW-Hr/day]

t t +

I ____ T __ _

Dec 2015 Jan 2016 Feb 2016

EXHIBIT C


Case 1:16-cv-21199-CMA Document 233-1 Entered on FLSD Docket 03/30/2017 Page 13 of 13 INDUSTRIAl HEAT

Power Input to Plant and COP

12000 160.0

9000 120.0

.;g 0..

~ 6000 80.0 0 (.)

3000 + 40.0

0 3/31 5120 7/9 8/28 10/17

Date

- FP Power In [WJ - COP



Plaintiffs,

v.


Defendants.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

CASE NO. 1:16-cv-21199-CMA

EXPERT REPORT OF RICK A. SMITH, P.E.


Counter-Plaintiffs,

v.


Counter-Defendants,

and

J.M. PRODUCTS, INC.; HENRY JOHNSON; FABIO PENON; UNITED STATES QUANTUM LEAP, LLC; FULVIO FABIANI; and JAMES BASS,


) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )


- 1 -

EXPERT REPORT OF RICK A. SMITH, P.E.

Defendants THOMAS DARDEN, JOHN T. VAUGHN, INDUSTRIAL HEAT, LLC

(“IH”), IPH INTERNATIONAL B.V. (“IPH”), and CHEROKEE INVESTMENT PARTNERS,

LLC (collectively, “Defendants”), pursuant to Fed. R. Civ. P. 26 (a)(2)(B), hereby submit the

expert report of Rick A. Smith, P.E.:

I. INTRODUCTION

I, Rick A. Smith, P.E. principal of Applied Thermal Engineering, Inc., located at 7400

Brown Road, Ostrander, OH 43061, have been retained by counsel for Defendants in the above-

captioned litigation to provide my opinions concerning the reported validation of certain low

energy nuclear reactor (“LENR”) technology referred to as the “E-Cat.” Specifically, I have

been asked to render my opinions on the following issues:

1. Whether the device tested by Mr. Penon in Doral, Florida, from February 2015

through February 2016 operated at a coefficient of performance of at least 10.85

for a period of 350 days (even if not consecutive) within any 400 day period prior

to March 29, 2016.

2. Whether the device so tested in Doral consistently produced energy more than 2.6

times greater than the energy consumed by the device and whether the

temperature of the steam produced by the device was consistently 100 degrees

Celsius or greater.

II. STATEMENT OF OPINIONS

Equipment Description

This author has not yet been able to inspect the E-Cat site in Florida. The address of this site is 7861 NW 46th Street, Doral, FL 33166-5470. However, based upon information currently available to him, the author believes that the equipment in question at the Florida site is: the E-Cat, a device invented by plaintiff, Andrea Rossi, a purported chemical processing/production facility run by J. M. Chemical Products, Inc. or J.M. Products, Inc. (hereinafter JM), and related


- 2 -

piping, electrical equipment, utilities, etc. to support the two ventures. The author believes that the purpose of the E-Cat was to sell steam, via Mr. Rossi’s company Leonardo Corp., to JM.

Background, Observations, and Narrative

One claim, perhaps the primary claim, of Mr. Rossi’s invention, the E-Cat, is that it will produce many times more energy than it consumes. The author’s understanding is that defendants Industrial Heat and IPH International, B.V. entered into a contractual arrangement with Mr. Rossi, based upon a hope that the E-Cat might, in fact, produce more energy than it consumed. The author’s understanding is that the plaintiffs contend that the Report dated 03/28/2016 by Dr. Ing. Fabio Penon is validation of the E-Cat’s performance. The purpose of the author’s investigation is to determine if the E-Cat did, in fact, produce more energy than it consumed, as Mr. Penon reported. The author has not been asked to form an opinion, nor has he formed an opinion on the physics of the reaction claimed by Dr. Rossi.

Basic Thermodynamics

The author will discuss the basics of thermodynamics before he analyzes the claimed performance of the E-Cat. There are two foundational laws of thermodynamics, the First, and the Second. The engineering definition of the first law of thermodynamics, in Thermodynamics, by Kenneth Wark, states: “When a closed system is altered adiabatically [i.e. without heat transfer], the work is the same for all possible paths which connect the two given equilibrium states.” To put this into normal English, the first law of thermodynamics states that neither matter, nor energy, can be created or destroyed, they can only change form. There are many forms of energy. A few of them are chemical, electrical, mechanical, nuclear, thermal, electromagnetic, and so on. Please see the picture below.


- 3 -

In theory, they are all interchangeable. A ubiquitous example is a cell phone battery. When the phone is in use, the battery is using chemical energy to generate electrical energy. When the phone is charging, electrical energy is being converted into chemical energy. These two conversions are very interchangeable. In other instances, the interchangeability is somewhat limited. Nuclear energy is generally a one-way street. In a nuclear weapon, for example, the nuclear energy released by the explosion produces enormous amounts of thermal, mechanical, and electromagnetic energy. In a nuclear power plant, the controlled decay of the isotopes produces enormous amounts of thermal energy to produce electrical power or propel a ship. Dr. Wark defines the second law of thermodynamics thusly: “The entropy of an isolated system always either increases or remains the same when the system changes from one equilibrium state to another.” In other words, energy systems always “roll downhill” when left to themselves. Thermal systems will always proceed from hot (higher energy) to cold (lower energy), left to themselves; they will never go from cold to hot unaided. The human body does not generally become stronger, healthier, or more agile as one ages. The author has personal experience with this. Another fundamental definition is that of a BTU, or British Thermal Unit. A BTU is the amount of heat required to raise (or lower) one pound of water one degree Fahrenheit.


- 4 -

A wooden kitchen match contains about one BTU, to put things into perspective. Let’s do a quick entropy example in a hypothetical, but realistic situation. The picture below shows a conventional, coal fired steam power plant.


- 5 -

A conventional steam power plant might have steam leaving the boiler at a pressure of 2485.3 PSIG (Pounds per Square Inch, Gauge). This is equivalent to 2500 PSIA (Pounds per Square Inch, Absolute). Gauge pressure has the local atmospheric pressure as its base, normally 14.696 PSIA, at sea level. Think Miami. Absolute pressure has zero as its base. Absolute pressure equals gauge pressure plus the local atmospheric pressure, and is used in most thermodynamic calculations. So in this example: 2485.3 + 14.7 = 2500.0 Please see the following picture for pressure and temperature comparisons.


- 6 -

The leaving steam temperature of our hypothetical power plant might be 990° F. This is equivalent to 1450° R (degrees Rankine), or absolute temperature. Our Fahrenheit temperature scale is based upon water freezing at 32° F and boiling at 212°F (at sea level pressure). In our English measuring system, absolute zero is 0° Rankine. To obtain degrees Rankine from Fahrenheit, one must add 460. So, water freezes at 492° R.


- 7 -

Now, in our hypothetical steam plant with superheated steam leaving the boiler at 2500 PSIA, and 1450° R, the steam would have an entropy of 1.6966 BTU per pound per degree Rankine. The enthalpy (heat content) of the steam is 1741.7 BTU per pound of steam. The condenser of our power plant will operate in a deep vacuum, in order to maximize the work output and the thermal efficiency of the plant. If the condenser operates at 0.6 PSIA, its condensing temperature will be 85° F (545° R), and the steam entering the condenser will have an entropy of 2.0218 BTU per pound per degree Rankine. As the power plant converts the thermal energy of the fuel into thermal energy in the steam, into mechanical energy in the turbines, and then into electrical energy in the generator, the entropy of the system increases from 1.6966 to 2.0218. This plant obeys the second law of thermodynamics, as do all legitimate power producing systems. Remember that there are many losses in the system: the boiler shell as well as the steam lines give off heat to the environment, there are fluid friction losses in the steam and water piping systems and air and gas handling systems, there are combustion losses due to the inefficiencies in combustion and the exit gas temperature, there are mechanical and windage losses in the turbine and generator, there are electrical losses in the generator, wiring, and transformer. All of these losses are irrecoverable and unavoidable. Further, it takes a huge amount of internal power (pumps, fans, conveyors, etc.) to run a power plant, as well as the cost of running the pollution control systems. Utilities spend enormous resources to reduce these losses and maximize the efficiencies of their plants, as well as minimizing the plant pollution. The steam entering the condenser has a total enthalpy of 1098.6 BTU per pound, and an evaporation heat content of 1045.5 BTU per pound. For each pound of steam that passes through the system, 696.2 BTU’s (1747.1 – 1098.6) are available to do work and thereby generate electricity. The astute reader has observed that the steam still has a lot of energy left as it enters the condenser, 1045.5 BTU per pound to be exact. Why can’t more power be extracted from that steam? Because it is at almost no pressure, only 0.6 PSI above a perfect vacuum or zero pressure. There is no pressure left to spin a turbine and do more work. This heat MUST be rejected to the atmosphere. That is the purpose of the condenser and the cooling tower. The condenser is a heat exchanger which uses water from the cooling tower to remove the heat from the low pressure steam and convert it back to water (condensate), so it (the condensate) can be recycled through the plant over and over. The cooling tower water loop pumps the water outside the plant to a cooling tower, where the water is cooled by ambient air passing over it. This is where the waste heat from the plant is rejected. The cooler water from the cooling tower then returns to the condenser to remove more heat from the low pressure steam in the condenser. A crucial point that the reader must fully understand is that the rejected heat MUST GO SOMEWHERE. It does not just simply vanish, rejected heat generated by indoor equipment must be rejected to the atmosphere by mechanical equipment. This is true of any and every thermal plant. The “air conditioner” which normally sits outside one’s house, is in reality only


- 8 -

the compressor and condenser section – the other parts, which are connected by a line set between the two, are inside the house. The box outside the house is that part of the system which rejects the heat collected from inside the house to the ambient atmosphere. Another thermodynamic concept that must be understood is that the boiling point of water (or any liquid) depends upon the pressure of the liquid. At sea level conditions, water boils at 212° F. At Leadville, CO, which is at an elevation of just over 10,000 feet (the local atmospheric pressure is about 10 PSIA, not 14.7 PSIA), water boils at about 192° F. In a typical industrial boiler which operates at 150 PSIG (164.7 PSIA) the water boils at 366° F. When a liquid is at its boiling point, it can exist as 100 % liquid, or 100 % vapor, or any fraction in between depending upon how much heat has been put into it at a given time. The picture below shows this.

The units in the picture are metric, but the concept remains. Also, saturation is a term of art used in the thermodynamic world. It means that a fluid is saturated with heat. In a closed pressure vessel, where liquid and vapor are in physical contact with each other, the fluid in the vessel (water in a boiler or refrigerant in an air conditioning system) can exist as 100 % water (the left portion of the blue line), 100% vapor (the right portion of the blue line), or any fraction in between (the green internal lines) depending upon how much heat has been put into the fluid at a particular time. Another crucial issue regarding the red evaporation lines is that each point on the line represents the value of the energy (enthalpy) in the fluid at that point. The bottom red line is at 100° C which also happens to be the nominal fluid output temperature of the E-Cat. Furthermore, the saturation pressure for 100° C water is atmospheric pressure or 1 bar absolute.


- 9 -

A pressure level of one bar is equal to one atmosphere at standard sea level conditions (14.696 PSIA English). At the left, where the red line and the blue (saturated water) line intersect, the enthalpy is about 418 kJ/kg (kilo Joules per kilogram of water). On the right side, where red and blue intersect, the enthalpy is about 2676 kJ/kg (I looked them up. I cannot actually interpolate that well). The difference is 2258 kJ/kg. This difference is the amount of heat it takes to convert a kg of water at 100° C to a kg of steam at 100° C, both at one bar pressure. In English units, the enthalpy of saturated water is 180 BTU per pound at 212° F and atmospheric pressure, 14.696 PSIA. The enthalpy of saturated steam at the same conditions is 1150 BTU per pound. Therefore, it takes 970 BTU’s per pound of fluid to convert water into steam. It should be immediately obvious to the reader that it takes a great deal of energy to convert a kilogram or a pound of water into the equivalent amount of steam. In fact, it takes over five times the energy to convert a pound of water to a pound of steam than it does to raise the temperature of water from the freezing to the boiling points. Also, for any given fluid, the boiling temperature is dependent on the pressure the fluid is experiencing. Again, where liquid and vapor are in physical contact with each other, the temperature - pressure relationship for a given fluid is fixed and immutable. At a given pressure, the temperature of the fluid WILL be fixed by that relationship. And at that fixed temperature and pressure, there can be 100 % liquid, 100 % vapor, or any fraction in between. The horizontal red evaporation lines illustrate this concept. Superheated steam (or any superheated vapor) is at a temperature above the saturation temperature for a given pressure. Obviously, the fluid is 100 % vapor, and there is no liquid present. Superheated steam is generated in a separate set of tubes which remove the steam from the liquid and then heat the steam to a temperature higher than the saturation temperature. The author now begs the reader’s forgiveness for subjecting the reader to the previous six pages of thermodynamics. However, a basic understanding of this subject is crucial if the reader is to understand the concepts which will be discussed below as they relate to the subject litigation.

E-CAT MW1 Energy Plant Final Report

This report, dated 03/28/2016 by Dr. Ing. Fabio Penon is claimed to be the validation report of the E-Cat’s performance. Penon is referred to as the Expert Responsible for Validation (ERV) in various documents, and will be referred to as such in this document, although the author expresses no opinion on whether Engineer Penon was the ERV as specified in the parties’ contractual documents.


- 10 -

This author’s search of the internet reveals a prior relationship between Dr. Penon and Mr. Rossi. If true, this author wonders how Dr. Penon could have been an objective, dispassionate third party verifier. Defendants’ Third Amended Answer, Additional Defenses, Counterclaims and Third-Party Claims identifies many issues regarding the test protocol, adherence to the original test plan, number of cells in service, and related issues. Due to time constraints, this author will not address these issues in this report, but reserves the right to address them in the future. In general, this author is not in this report discussing the E-Cat, per se. First, he has not had a chance to inspect it, although he has viewed many photos of it. Secondly, he has seen no documentation of the machine itself. Again, the author reserves the right to address this in the future.

Mr. Penon’s Data

The author has inspected Engineer Penon’s reports, and also summaries of Penon’s data in Excel spreadsheets titled, ROSSI_00001075 and ROSSI_00008579.

The picture just above is one of the pdf annexes of Penon’s report. The Penon reports generally (with some variation) contain certain data. The author understands that these data were provided to Industrial Heat as pdf files and not as Excel


- 11 -

spreadsheets. The columns are not labeled as in an Excel spreadsheet, so each column will be referred to by its title. The verbatim column descriptors shown below the title block will be reproduced for clarity. The first four columns are the date and time columns. These are unremarkable. The entitled “days of functioning”, is the cumulative days counter. This is also unremarkable. The column entitled “average power supply (wh/h)”. This would appear to be the average power supplied to the E-Cat. (wh/h) is watt hours per hour, which equals watts. Some months are in wh/h and others are in Kwh/h. This difference in units is of no concern. An interesting thing occurs starting in June, 2015. If one takes the number in the column entitled “supplied energy wh/d” and divides it by 24, one gets the exact number in the “average power supply (wh/h)” column to five digit precision. The column entitled “supplied energy wh/d”. This is apparently the daily energy supplied to the E-Cat. If one takes the values in “average power supply” column and multiplies by 24, one obtains the almost exact value in the “supplied energy wh/d”. Here is the problem. Instead of a value of 247,000 this column on Feb. 06, the author would expect to see a calculation here that would not result, in each entry, in a rounded number. The report does not explain the calculation or estimation that Penon made to arrive at the reported number. Additionally, this is inconsistent with the Florida Power and Light records which casts further doubt on the data in Penon’s report. The column entitled “tank water T max (Celsius)”. This is the tank which feeds the E-Cat cells. It presumably is the large rectangular block in the center of Figure 2, on page 2/5 of Dr. Penon’s final report. Fig. 2 has an annotation pointing to this block titled “probe for water temperature measure”. This is also unremarkable. The column entitled “effective flowed water (kg/d)”, is the total mass of water transited during the test period. The pictures of the flow meter shows that it reads in m3, or cubic meters. This author wonders if the data logger converted cubic meters to kilograms or is it done in the spreadsheet. This author has the same concern with this column as with the column entitled “supplied energy wh/d” regarding the cell contents, i.e., seeing a rounded number in each cell as opposed to seeing a formula in each cell, or an explanation in the report as to how this number was calculated. In the vast majority of the cases, this cell content was 36000, not 35837, or 36714, but 36000 exactly. 27000 and 29000 were well represented also. This is undoubtedly the most uniform data collection which this author has seen in his forty plus years of engineering. There is no reason or need to round data to the nearest 1000 in a report like this. In fact, one needs to use the “Round” function in a spreadsheet to get numbers to display like this. This author has more comments on the water meter later in the report. The column entitled “reduced flowed water (kg/d)” is described at the bottom of page 3 of the ERV report. “Measurement uncertainties have been present during the test. To take this into account the total mass of water transited during the test period has been reduced by 10%.”


- 12 -

This column is simply 90% of the “effective flowed water (kg/d)” column. This author has the same concern with this column as with the “supplied energy wh/d” column regarding the cell contents, i.e., seeing a number in each cell as opposed to seeing a formula. The column entitled “steam T min (Celsius)” is the measured temperature of the fluid leaving the E-Cat (This author has used fluid instead of steam intentionally. This will be discussed later in the report). The numbers themselves are unremarkable. What they actually represent is a different matter. The column entitled “steam pressure” is the measured pressure of the fluid leaving the E-Cat (This author has used fluid instead of steam intentionally. This will be discussed later in the report). The numbers themselves are unremarkable. What they actually represent is a different matter. Every cell under steam pressure is “0” in the entire spread sheet. The steam pressure in the “steam pressure” column is uniformly reported as “0.0” (bar). 0.0 bar is 0.0 atmospheres absolute. The way the data are presented the E-Cat is reported as operating in a perfect vacuum. If the ERV meant 1 atmosphere, the column should have been labeled “1 bar” or 0.0 (barg), (barg being bar – gauge). Another very serious data anomaly is that the steam temperatures are almost all reported as being over 100° C. The saturation temperature of water/ steam at atmospheric pressure is 100.0° C. The column entitled “produced energy (wh)” is represented as being the energy produced by the E-Cat. The same comments about numbers in the cells versus formulas generally hold true for this column. The “produced energy” numbers should have been generated and provided by a calibrated energy measuring device (to include steam flow, steam quality, temperature, and pressure) in the outlet of the E-Cat. However, there never was an energy measuring device in the outlet of the E-Cat, as shall be discussed in depth later in this report. Instead, the report raises suspicion that COP numbers (more on these later also) were not properly calculated, and the produced energy numbers may have been “back calculated”. With respect to the column entitled “COP”, based on the above discussion, these numbers do not appear to have been properly calculated. If an appropriate energy measuring device had been installed in the outlet of the E-Cat, the “produced energy” column would be a tabulation of those actual readings. This value would then be divided by the “supplied energy wh/d” column, the actual supplied energy, to get the “COP”. Which gets us to COP. COP stands for Coefficient of Performance. It is a term which is used in the air conditioning and heat pump industry, not the steam producing and power generation industries. The most general definition of air conditioning and refrigeration is removing heat from a place where it is not wanted and rejecting it to a place where it will dissipate to the environment. The COP is a measure of how much work it takes to move a given amount of heat from point A to point B. The more efficient an air conditioner is, the higher its COP will be because it takes less work to move the heat from inside to outside. To use “COP” as a measure of the efficiency of a


- 13 -

heat producing device (the E-Cat), as opposed to a work absorbing device (an air conditioner), is a misapplication of the term. In summary, it is this author’s professional opinion that the entire ERV spreadsheet is not a valid means to tabulate and compute the performance of the E-Cat. Its data are suspect and the methodology is not explained in enough detail to render the results valid, standing alone.

Test Instrumentation

The E-Cat test setup is briefly described by the ERV on pages 1, 2, and the top of 3. Figure 2 on page 2 purports to be a schematic of the test setup. With this setup, in the author’s opinion it is not possible to accurately measure the output of the E-Cat. The American Society of Mechanical Engineers (ASME), of which this author is a member, produces many Performance Test Codes for boilers and many other types of equipment. In the course of running one of these tests, numerous parameters which are delineated in the codes are carefully measured, one of which is the steam flow from the boiler. The steam flow, as well as its temperature, pressure, and quality in a saturated steam system are critical parameters to accurately measure and determine the actual BTU’s per hour (BTUH) which the boiler is producing. Without knowing this, it is impossible to measure the performance and efficiency of the boiler. The E-Cat is a boiler, albeit of unconventional design. Since it is a boiler, its efficiency can only be accurately measured by accurately determining its actual flow out of the unit, as well as its temperature, pressure, and steam quality, among other things. Steam quality is the percentage of steam in a given flow. A steam quality of 100% means that there is 100% steam in the boiler output and no moisture. A steam quality of 75% means that there is 75% steam and 25% moisture in the boiler output. Please remember that at a given temperature and pressure, there can be 100% liquid, 100% vapor, or any fraction in between, as was explained above. By only measuring the temperature and pressure of the fluid leaving the boiler, there is absolutely no way of knowing how much fluid is flowing, and what the steam quality is. The E-Cat could have been producing 100% hot water, or 100 % steam, and no one would know the difference based upon the installed instruments. It is this author’s understanding that the E-Cat output line goes to an enclosed space which is or was occupied by JM Chemicals, or JM Products, or a similarly named entity. The return line from the enclosure to the E-Cat has a flowmeter installed in it. By any normal engineering standard, the flowmeter in the return line is measuring an input to the E-Cat. There is no way that this can be considered an output.1 It is unknown what happens to the fluid inside the JM Products enclosure. Is it heated? Is it cooled? Is part of it drained off? Are city water or other substances added to the flow stream?

1 Even if the flowmeter had been installed in the proper location, this author has serious concerns about the

flowmeter’s suitability for its stated purpose.


- 14 -

On page 3 of the ERV report, he states, “The measurement equipment has been placed and operates in a manner that is not necessary to study the client’s use of the energy produced or even inquire about such use.” This is not correct. Back to thermodynamics, briefly. The reader should recall that a pound of 100% quality steam at 212° at atmospheric pressure contains more than five times the heat that the same pound of water (which is also 0% quality steam) contains at that temperature and pressure. The point is that the E-Cat “system” could just as easily have been flowing water as steam. With the installed instrumentation, there is absolutely no way of knowing. Determining and establishing the whether the system was flowing steam would have been easy to do, if the person establishing the test plan was interested in knowing that data. If the E-Cat was in fact flowing water, and the output was not measured, but rather was only calculated, based on the assumption that the flow was steam, the calculated (not the actual) E-Cat thermal output would be exaggerated by at least a factor of five. On page 4 of the ERV’s report, is the equation: Ep = 0.9x λ x Mw Ep is the total energy produced in the steam as shown on page 3, section 2.1 λ is the heat of vaporization (the heat it takes to boil water at a constant temperature) Mw is the mass of water vaporized during the whole test, coming from the tank The huge and unverified assumption built into this equation is that the flow out of the E-Cat is 100% quality steam. This equation, while technically correct, is not valid if the system is flowing water not steam. Again, there is absolutely no way of knowing exactly what is exiting the E-Cat. Mr. Joe Murray addressed some of his concerns to the ERV concerning the flow meter. This author shares Mr. Murray’s concerns and would like to see the ERV’s responses. This author also shares the other concerns Mr. Murray has about the other issues in his letter, to wit: 2. The consistency of the reported flow rate statistics, 3. The number of reactor units in operation varied substantially over time, 4. System alteration on the night of February 16 or the morning of February 17, and 5. The flow of steam through the pipe to J. M. Products. This author reserves the right to address these issues at a later date. It is this author’s professional opinion that the E-Cat test setup was not properly instrumented and did not measure the E-Cat’s actual output.

E-Cat Heat Rejection

For the sake of discussion (but not agreement, just to be clear), let us assume that the E-Cat produced all the heat that the ERV says it did, and that it was 100% quality steam. During the test period, the average assumed output from the E-Cat was about 790 KW. E-Cat Output = (790 KW) x (3413 BTUH / KW)


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2,696,270 BTUH E-Cat Output = (2,696,270 BTUH) ÷ (33,465 Boiler HP / BTUH) 80.57 BoHP Crosschecking: E-Cat Output = (790 KW) x (1 BoHP / 9.803 KW) 80.59 BoHP An 80 boiler horsepower (BoHP) boiler is a small commercial boiler. For illustration, below is a generic picture of a very common Cleaver Brooks steam boiler of this type.

This conventional boiler does not appear to be greatly different in size than the E-Cat. The E-Cat is putting approximately 2,700,000 BTU’s into the JP enclosure every hour. What happens to this heat? Please remember that the first law of thermodynamics states that neither matter, nor energy, can be created or destroyed, they can only change form. If JMP was actually performing any processing, they would have taken the steam, used it to heat some materials to create or enhance a chemical reaction, or to heat materials to kill biologicals, or whatever other productive use would require 212° F (100° C) heat. The product stream would then have to be cooled for further processing, packaging, shipping, etc. In other words, all of the heat that entered the product stream would leave the product stream, either by air cooling, or by some sort of heat exchanger.


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To illustrate, if one boils water (212° F) to make sweet tea and leaves the hot tea sitting on the counter, what happens to it? Does it naturally get hotter or does it eventually cool down to room temperature? We all know that it cools to room temperature eventually, even though it may take a while. In an industrial process, the product cooling is accelerated by the use of heat exchangers or fans, or some other mechanical means of cooling. This is done to maximize the production rate and minimize the space required to do so. In the issue at hand, let us first assume that air is used to cool the product stream. Please keep in mind that 2,700,000 BTU’s enters the product stream every hour of every day of the test period (24/7). This same 2,700,000 BTU’s per hour then leaves the product stream and has to be rejected to the environment. Mr. Murray has produced some simulation videos purporting to show what happens to the temperature of the entire facility if one assumes (or contends) that the rejected heat was left to naturally dissipate in due course. This author has not verified Murray’s numerical analysis, but only viewed the videos, and therefore reserves the right to verify Mr. Murray’s calculations and analysis regarding this. The Murray videos show a very marked temperature rise in the space, with temperatures approaching 373° K (absolute temperature), which is 100° C, which is 212° F. This is warm, even for Miami. If the unit were generating the amount of heat that Penon claims, and that heat had been left to naturally dissipate, no human could have worked, or even survived, for long in the space. Obviously, this temperature rise in the space never happened. Alternatively, JMP could have used a roof-mounted fan to remove all rejected heat. Fan sizing is: CFM = Cubic Feet of air per Minute c = Specific heat of air in BTU per pound of air per °F (BTU / Lb. °F) = 0.24 ΔT = Temperature difference of the air, in this case 130° F - 80° F ρ = Average density of the air in pounds per cubic foot = 14.3 CFM = (2,700,000) x (1 / c) x (1 / 60) x (1 / 130 – 80) x ρ = (2,700,000) x (1 / 0.24) x (1 / 60) x (1 / 50) x 14.3 = 53,625 CFM A roof mounted fan to move this much air would have a blade diameter of about 54”, a 10 HP motor, would have dimensions of about 60” square and about 48” high, and would look something like the next picture.


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If most of the 2,700,000 BTUH were rejected to cooling water through a heat exchanger of some sort, the best way to remove the heat would be a cooling tower. Cooling towers are sized in tons of refrigeration or cooling. This refers to a ton of ice melting in a 24 hour period, not the weight of the equipment. A ton of cooling equals 12,000 BTUH. Tons of cooling = (2,700,000 BTUH) ÷ (12,000 BTUH / Ton) Tons of cooling = 225 T A cooling tower of this size would be about 12’ x 12’ x 12’ and would look something like this.


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The author has examined photographs of the site at 7861 NW 46th Street, Doral, FL, as well as aerial photos (below), and has spoken to Mr. Joe Murray, who inspected portions of the facility in February 2016. The author has seen no evidence that the plant contained any equipment resembling large rooftop ventilators or cooling towers. Aerial photos of the property are below:

The author has seen no evidence of cooling towers. There are some squares on the roof which may be roof-top ventilators. Let’s look inside the building.


- 19 -


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Only the first interior picture shows anything in the ceiling. Since the rectangular opening is light, it could be a skylight or a natural (no fan) ventilation opening. A powered roof fan with a cap (a necessity in Miami) would not let any light through. The other photos show no openings in the ceiling. The last interior photo, showing the dark grey partition with the white door is very interesting. As mentioned, no openings can be seen in the ceiling. Other than the small items along the left wall, there are also no visible pipes, pipe racks, pipe drops, conduits, cable trays, transformers, switchgear, motor control centers, storage racks, or any other items which one normally associates with a manufacturing facility, even a small one. Is there any place else in the facility where 2,700,000 BTUH can be rejected? Another possibility might be to use city water to absorb the rejected heat. This author has analyzed the Miami-Dade water bills for the subject property and has determined that during the validation period, the facility used about 40,000 gallons of water. This is about 4.6 gallons per hour. For this discussion, assume that all the water was used for heat rejection, none was used for domestic purposes. Assume: a 50° inlet water temperature, 130° water outlet temperature (sewer temperature

restriction) Flow is 5 gallons per hour. Water density is 8.34 pounds per gallon. Specific heat of water is 1 BTU per pound per degree. Q is engineering shorthand for heat absorbed by the city water.


- 21 -

The formula is : Q = (gallons per hour) x density x temperature difference x specific heat (5) x (8.34) x (130° F – 50° F) x 1.0 Heat absorbed by water = 3336 BTU per hour. How much water under the same conditions would it take to absorb 2,700,000 BTU? Working the above equation backwards, it would take 4047 gallons of water per hour, or 67.5 gallons per minute to absorb this amount of rejected heat. City water was not used for heat rejection. Where did the rejected heat go? Air cooling – no. Cooling tower – no. City water – no. There are now but two alternatives left. The heat just vanished. – no. The first law of thermodynamics prohibits this. or It never existed. It is this author’s professional opinion that the E-Cat never produced the energy which was claimed for it. This energy had to be rejected somewhere, and this analysis has shown, by the process of elimination, that the claimed energy never existed.

Conclusions

Based on the preceding and my more than forty years’ experience as a professional engineer engaged in facility and utility engineering and operations, it is within a reasonable degree of engineering certainty that I conclude the following:

1. The Penon reports, standing alone, are not valid to tabulate and compute the performance of the E-Cat. The data are suspect and the methodology is not explained.

2. The E-Cat test setup was not properly instrumented and there was no measurement of the E-Cat’s actual output.

3. The E-Cat never produced the energy which was claimed for it. This energy had to be rejected somewhere, and this analysis has shown, by the process of elimination, that the claimed energy never existed.


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III. FACTS AND DATA CONSIDERED

In forming the opinions expressed in this report, I have relied on my education and

experience as described in my curriculum vitae attached hereto as Exhibit A. In addition, I

received and considered the documents and information identified in Exhibit B hereto.

IV. EXHIBITS THAT SUMMARIZE OR SUPPORT OPINIONS

I have not prepared any exhibits to summarize or support my opinion, other than as

incorporated in the text of Section II above. I reserve the right to prepare exhibits in connection

with my anticipated testimony at trial, after the completion of discovery.

V. QUALIFICATIONS

A summary of my qualifications is provided in the CV attached as Exhibit A, which

includes a list of all publications I have authored in the previous 10 years.

VI. EXPERT WITNESS EXPERIENCE

Since January 2012, I have testified as an expert at trial or deposition in the following

matters:

1. I provided my expert opinion in Jerew v. Rhodes Heating, Case No. 11-CV-0876, in

the County Court for Marion County, Ohio, and testified at trial in December 2012.

2. I provided my expert opinion in Akron Fairlawn Properties v. Edgell Plumbing, Case

No. 2012-09-5199, in the Court of Common Pleas for Summit County, Ohio, and

testified at deposition and trial in October 2013.

3. I provided my expert opinion in Richmond v. Sears Roebuck, et al., Case No. 12-CV-

010718, in the Court of Common Pleas for Franklin County, Ohio, and testified at

deposition in December 2013.



4. I provided my expert opinion in Young v. First Energy, Case No. 2013-CI-0408, in

the Court of Common Pleas for Coshocton County, Ohio, and testified at deposition

in April2015.

VII. COMPENSATION

I am being compensated for my work in these proceedings at a rate of $275.00 per hour,

except that y rate for deposition and trial testimony is $375.00 per hour. My compensation is not

dependent on the opinions rendered or the outcome of this proceeding.

By:

Rick A. Smith Date

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- 24 -

Respectfully submitted, /s/ Christopher R.J. Pace Christopher R.J. Pace [email protected] Florida Bar No. 721166 Christopher M. Lomax [email protected] Florida Bar No. 56220 Christina T. Mastrucci [email protected] Florida Bar No. 113013 Erika S. Handelson [email protected] Florida Bar No. 91133 Michael A. Maugans [email protected] Florida Bar No. 107531 JONES DAY 600 Brickell Avenue Brickell World Plaza Suite 3300 Miami, FL 33131 Tel: 305-714-9700 Fax: 305-714-9799 Counsel for Defendants/Counter-Plaintiffs Third Party-Plaintiffs


- 25 -


I HEREBY CERTIFY that a true and correct copy of the foregoing was served by e-mail

on counsel of record this 30th day of January, 2017.

/s/ Erika S. Handelson Erika S. Handelson

SERVICE LIST John W. Annesser, Esq. Brian Chaiken Paul D. Turner D. Porpoise Evans PERLMAN, BAJANDAS, YEVOLI & ALBRIGHT, P.L. 283 Catalonia Avenue, Suite 200 Coral Gables, FL 33134 Tel.: (305) 377-0086 Fax: (305) 377-0781 [email protected] [email protected] [email protected] [email protected] Counsel for Plaintiffs Fernando S. Aran ARAN, CORREA & GUARCH, P.A. 255 University Drive Coral Gables, FL 33134-6732 Tel.: (305) 665-3400 Fax: (305) 665-2250 [email protected] Counsel for JM Products, Inc., Henry Johnson and James Bass Rodolfo Nuñez RODOLFO NUNEZ, P.A. 255 University Drive Coral Gables, Florida 33134 Tel: (305) 665-3400 Fax: (305) 665-2250 [email protected] Counsel for United States Quantum Leap, LLC and Fulvio Fabiani


EXHIBIT A


01 Feb 2016

RICK A. SMITH, P.E.

PROFESSIONAL EXPERIENCE

JUN 1988 - PRESENT APPLIED THERMAL ENGINEERING, INC. Principal of this specialty engineering firm whose forté is identifying and solving complex, intractable

problems; industrial power plant engineering; utility generation and distribution; cogeneration; energy

conservation and recovery; industrial process improvement; project design and management; forensic

engineering and expert witness in the above specialties. Boiler, air conditioning, and pump instructor.

Worked as a relief utility operator at a local R&D facility whose equipment includes two 750 HP, 250

PSIG boilers, an ammonia and a carbon dioxide refrigeration system.

Clients (direct or immediate sub) include:

● ALCON ● Honda America Mfg. ● Spirax Sarco

● Anheuser - Busch ● Johnson Controls ● State of Arkansas

● ARCCA, Inc. ● Level 3 Communications ● State of Ohio

● ATT ● Mead Paper ● Strategic Value Solutions

● Cargill, Inc. ● Nestlé ● The Ohio State University

● Climax Molybdenum ● NIBCO ● Thomson Consumer Elec. (RCA)

● Ford Motor Company ● Owens - Corning Fiberglass ● US Dept. of Justice, BOP

● General Motors ● PPG Industries ● Volcanic Heater

● Georgia Pacific ● RIB USCost ● Numerous law firms internationally

● Graphic Packaging Int’l. ● Ross Laboratories ● Numerous smaller companies

Please see last page for representative projects.

OCT 1983 - JUN 1988 THE OHIO STATE UNIVERSITY Senior Mechanical Engineer:

Successfully managed a $7,000,000 steam line expansion project which encompassed 30,000 feet of

superheated steam and condensate lines, several major road crossings, a river bridge crossing, and 15

building tie-ins / system upgrades, all on a crowded urban campus. Project management entailed:

Oversight of consulting engineers.

Review and approval of all plans, specifications, and change orders.

Coordination and liaison with all affected University departments.

Installation coordination and oversight.

Resolving conflicts between this and other ongoing projects.

Minimization of disruption to all University operations.

Spearheaded a $2,300,000 cogeneration project in McCracken Power Plant. Authored the feasibility

study which withstood a peer review by outside consultants; overcame significant technical and

political hurdles; supervised design, specification, procurement, and installation of the 3125 KW non-

condensing turbine generator, and all associated piping and auxiliary equipment.

Assisted in the completion and startup of a 125,000 pound per hour coal fired boiler and its associated

flue gas scrubber system.

Assisted in the preliminary needs assessment and scope of work development for a medical waste

incinerator.

Earned the Mechanical Engineering Advanced Professional Degree.

7400 Brown Road Ostrander, OH 43061

(740) 666-4872

7400 Brown Road Ostrander, OH 43061

(740) 666-4872


01 Feb 2016

NOV 1981 - JUN 1983 CUMMINS ENGINE COMPANY Facilities project manager for maintenance and engineering at five large buildings. Provided

engineering services for an additional twenty-five buildings, totaling over 1,000,000 square feet.

Major accomplishments:

Converted three boilers to dual fuel capability to minimize fuel costs.

Analyzed major electric accounts. Through a transformer purchase, brought a major facility into a

lower rate structure, saving thousands of dollars annually.

JUN 1979 - OCT 1981 ALUMINUM CO. OF AMERICA Mechanical engineer in charge of energy conservation for a large aluminum extrusion plant. Provided

engineering services for the boiler house and billet annealing furnaces.

Major Accomplishments:

Initiated closing the doors of the homogenizing furnaces between loads to conserve energy and reduce

furnace turnaround time. Zero cost, very large annual savings.

Discovered and engineered a heat recovery project for an aluminum chip dryer.

Designed and built a new boiler ash handling facility. Performed major equipment enhancements.

Analyzed the condensate return system in search of a solution to a vexing problem only to find that

the difficulty was caused by a faulty control valve diaphragm.

JUL 1977 - MAY 1979 PURDUE UNIVERSITY Project engineering including design and installation of retrofit HVAC systems on campus.

JUL 1976 - JUL 1977 ARMOUR - DIAL, INC. Project engineer, then maintenance supervisor at a large soap manufacturing plant.

LICENSES

PROFESSIONAL ENGINEER: Ohio STATIONARY ENGINEER, 3rd CLASS: Ohio

UNIVERSAL REFRIGERATION TECHNICIAN: USEPA

STEAM SYSTEM SPECIALIST: USDOE

QUALIFIED AS AN EXPERT IN U.S. AND CANADIAN COURTS

MILITARY SERVICE

OCT 1968 - AUG 1972 UNITED STATES MARINE CORPS

Parris Island - 1968. Completed Officer’s Candidate School at Quantico in 1969. Volunteered for and

actively participated in Viet Nam as an artillery forward observer.

EDUCATION

OHIO STATE UNIVERSITY: Mech. Engineering Professional Degree, 1988.

PURDUE UNIVERSITY: BSME, 1976. Member - Pi Tau Sigma.

PROFESSIONAL AFFILIATIONS

MEMBER - American Society of Mechanical Engineers

PUBLIC SERVICE WORK

MEMBER - Columbus District Heating Task Force, 1984 - 1986

MEMBER & PAST COMMANDER - American Legion Post #115, Delaware, OH

COMPUTER EXPERTISE

Proficient in all Microsoft Office applications as well as AutoCAD. Have received extensive training in

the use and integration of all these products. Can learn any other package as required.


01 Feb 2016

REPRESENTATIVE ENGINEERING PROJECTS

Corrected excessive gas consumption in an asphalt drying plant.

Performed a gas line capacity and cathodic protection study for a glass blowing plant.

Performed boiler house, steam, and condensate studies at various plants.

Performed engineering design reviews and assisted with depreciation studies.

Performed project engineering for an energy center upgrade.

Performed cogeneration studies for a major university and a major auto manufacturer.

Wrote standard air compressor specifications for a major food products company.

Designed a steam reducing station for a large paper drying machine.

Resolved HVAC problems in a paper mill machine room air conditioning system.

Performed a cooling tower study for a large brewery.

Re-engineered the heating system for a bottle washing tank at a large brewery.

Confirmed the sizing of refrigerant and steam piping.

Walked down and re-drew the chilled water piping at a large auto assembly facility.

Walked down and re-drew the ammonia PID's for a large food R&D facility.

Performed a compressed air study at a large steel mill.

Performed a cooling study for a large natural gas pipeline compressor.

Performed a boiler safety audit at a large food R&D facility.

Perform Coast Guard / ASME design review and certification for thermal fluid heater manufacturers.

Developed a complex, interactive Excel based program to perform the calculations.

Have assisted in value engineering studies for the VA and the City of New York.

TRAINING EXPERIENCE

Have taught hundreds of boiler, HVAC, and pump classes for American Trainco, Applied Thermal

Engineering, Lewellyn, NTT, and Versa-Tech in the US, Canada, and the Caribbean.

University of Wisconsin - Engineering Extension, Industrial Boiler Controls Course Presenter.

Taught ME 625, a dual level course in Power Plant Engineering, while at Ohio State University.

REPRESENTATIVE FORENSIC / EXPERT WITNESS PROJECTS

Steam line failures and explosions.

Pressure vessel explosions.

Boiler explosions, both fire side and water side.

Boiler failures – non explosion.

Pump and valve failure analysis.

Coal supply issues.

Cogeneration system failure.

Atmosphere oven explosions.

Carbon monoxide accidents and fatalities.

Water meter failure.

HVAC compressor failures.

Hydro testing explosion.

Large diesel engine cooling system failure.

Boiler refractory failures.

Investigate cooling tower freeze failure.

Hot water burns / scalds.

PUBLISHED ARTICLES

“Winter Storm Warning, NBBI Bulletin, Winter 2012, Volume 67, Number 1.

“75-Ton Bottle Rocket Case Study”, NBBI Bulletin, Fall 2012, Volume 67, Number 3.


EXHIBIT B


EXHIBIT B

1. The Complaint and all exhibits thereto [D.E. 1]

2. The Third Amended Answer, Additional Defenses, Counterclaims and Third-Party claims, and all exhibits thereto [D.E. 78]

3. The E-Cat MW1 Energy Plant in Miami Tests Plan, IH-00011128

4. Initial Queries for M. Eng. Fabio Penon as to Measurements of 1MW Plant, IH-00011086

5. Documents produced in response to subpoena served on Florida Power & Light Company, INDUSTRIALHEAT_FPL000004-000067

6. Documents produced in response to subpoena served on Miami-Dade Water and Sewer, INDUSTRIALHEAT_MDWS-0001-0049

7. The E-Cat MW1 Energy Plant in Miami Energy Multiple Evaluation Final Report by Fabio Penon, IH-00079630-79658

8. Fulvio Fabiani’s Electric Data, produced in discovery by Fulvio Fabiani on or about January 13, 2017 on an unlabeled flash drive.

9. Fulvio Fabiani’s Thermal Data, produced in discovery by Fulvio Fabiani on or about January 13, 2017 on an unlabeled flash drive.

10. Fulvio Fabiani’s MW1-USA System Absorption Data (translated to English)

11. A video and photo of the flow meter time lapse conducted by Joseph Murray

12. Videos of the heat simulation conducted by Joe Murray

13. Photos taken by Joseph Murray at the Doral Location

14. Joseph Murray’s October 31, 2016 Power Analysis

15. Photos taken in December 2014 at the Triangle Drive Facility, produced by Defendants in discovery as part of the three terabyte hard drive (Folder: 3 Triangle Drive>2014-12>Images)

16. Photos of the E-Cat and related equipment taken by Andrea Rossi, produced in discovery by Andrea Rossi on a thumb drive labeled 00000002.

17. Rossi’s Testing Data, produced in discovery by Andrea Rossi in native format as ROSSI_00001075, ROSSI_00008579.


2

18. Industrial Heat spreadsheets summarizing data collected from Florida Power and Light

19. Industrial Heat spreadsheet summarizing the data from Penon’s final report

20. Telephone interviews with Joseph Murray





Plaintiffs,

V.


Defendants.


Counter-Plaintiffs,

v.


Counter-Defendants,

and

J.M. PRODUCTS, INC.; HENRY JOHNSON; FABIO PENON; UNITED STATES QUANTUM LEAP, LLC; FUL VIO FABIANI; and JAMES BASS,


) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

)

CASE NO. 1 :16-cv-21199-CMA

EXPERT DISCLOSURE OF PROF. DR. KAUFUI V. WONG


EXPERT DISCLOSURE OF PROF. DR. KAUFUI V. WONG

Plaintiffs ANDREA ROSSI, and LEONARDO CORPORATION, (collectively,

"Plaintiffs"), pursuant to Fed. R. Civ. P. 26(a)(2)(B), hereby submit the expert disclosure of Prof.

Dr. Kaufui V. Wong:

Prof. Dr. Kaufui V. Wong, Professor of Mechanical and Aerospace Engineering,

University of Miami, shall be testifying as to his opinions concerning the heat dissipation

facilities designed and provided for the E-Cat plant, and rebutting the accuracy and reliability

of the reports by Mr. Murray and Mr. Smith.

SECTION 1 - GENERAL

1.1 PURPOSE

• To evaluate existing conditions, photographs, documentation, and authorities on thermodynamics to determine the feasibility of dissipation of 1MW of heat energy at the facility located at 7861 N.W. 461h Street, Doral, Florida ("Doral Facility").

To evaluate the propriety and accuracy of the opinions rendered by Mr. Joseph A. Murray as contained in Expert Disclosure of Joseph A. Murray.

• To evaluate the propriety and accuracy of the opinions rendered by Mr. Rick A. Smith, P.E. as contained in Expert Report of Rick A. Smith, P.E.

1.2 BACKGROUND

Leonardo Corporation is a company that purports to have invented or designed manufacturing plants and machinery for the production of energy from non-conventional sources. Leonardo Corporation refers to its energy plant as an Energy Catalyzer or E-Cat. Leonardo Corporation refers to its technology as deriving from "LENR" or Low Energy Nuclear Reactions. This expert has not been asked to opine, nor will he opine, as to the nature of the reaction underlying the E-Cat technology or whether such reaction is in fact occurring. Leonardo Corporation claims to have operated a 1 MW E-Cat plant at the Doral Facility for a period in excess of350 days while suppling the steam generated by the plant to another business located within the Doral Facility.

2


On January 30, 2017, Mr. Joseph Murray rendered an Expert Disclosure in which Mr. Murray opines that:

"[T]here is no logical reason why the COP should be changing inversely to the amount of power imputted [sic] given that the same E-cat plant was used throughout the 'guaranteed performance test"'; and

• That given the conditions at the Doral Facility, the supply of 500 kw to 800 kw of heat would have rendered the Dora! Facility "unsuited for a human working environment."

Also on January 30, 2017, Mr. Rick A. Smith rendered his Expert Report in which Mr. Smith opines that:

• "The Penon reports, standing alone, are not valid to tabulate and compute the performance of the E-Cat. The data are suspect and the methodology is not explained," based upon Penon's use of COP to calculate the performance of the E-Cat; and

• "The E-Cat never produced the energy which was claimed for it. This energy had to be rejected somewhere, and this analysis has shown, by the process of elimination, that the claimed energy never existed."

1.3 METHODOLOGY

This expert undertook a site visit to the Dora! Facility, in order to take measurements of the Dora! Facility, interview Dr. Rossi with respect to the heat exchanger utilized during the operation of the E-Cat plant, view the sources for ventilation of heat from the Dora! Facility, and determine whether the heat exchanger described by Dr. Rossi would have been sufficient to disburse 1MW of heat from the Dora! Facility. In addition to these sources of facts and information, Prof. Dr. Wong has reviewed the following in developing his conclusions and opinions:

1. The Penon Report;

2. The Expert Disclosure of Joseph A. Murray;

3. The Expert Report of Rick A. Smith, P.E.;

4. Wong, KV, Thermodynamics for Engineers, 2nd Ed. CRC Press, 2000, 370 pp, TJ265.W56, 2012;

5. Wong, KV, Thermodynamics for Engineers 11, 91h Ed., U.M., 2014.

6. Kakac, Liu and Pramuanjaroenkij, Heat Exchangers, 2nd Ed. CRC Press, Boca Raton, FL, USA, 2002.

7. Photographs of the Dora! Facility, appended hereto as Composite Exhibit A.

3


SECTION 2-0PINIONS OF PROF. DR. WONG

Based on the information I have been provided, the conditions that I have observed and my measurements taken at the Dora! Facility, my opinions are:

The Coefficient of Performance is a criterion that is suitable to determine the way the E-Cat plant functions.

• There are clear and logical explanations for an inverse relationship between the amount of power input into a device and the COP of that device. In fact, not only are such explanations logical, they should be expected from the way the E-Cat plant was operated.

• Under the conditions described at the Dora! Facility, it was more than possible to expel 1 MW of heat energy without rendering the Dora! Facility "unsuited for a human working environment."

• Under the conditions observed and described at the Dora! Facility, it was more than possible to expel I MW heat energy from the Dora! Facility consistent with the amount of energy reported in Dr. Penon's report.

2.1 SITE CONDITIONS

Informed:

• This expert has been informed that a heat exchanger was located in the second floor room at the Dora! Facility. The specifications of the heat exchanger have been described to me as follows:

• Composition: (22) steel pipes

• Length: 10 meters each (excluding u-shaped connector);

Interior Diameter: .15 meter

Total surface Area: approx. 103 sq. m. (1 ,030,000 sq. em.) (does not include pipe overlapping or u-joints)

Encasement: wood panel insulated with rock wool shaped for thermal and acoustic insulation

Dimensions: Aprox. I 0 m (length) X 6.5 m (width) X 1 m (height)

• Air Flow: 2 Fans (25,000 cubic m/hr. each)

Site Observations:

Two large air vents in ceiling in the main warehouse area at Doral Facility

4


Large loading bay doors at one end ofthe Dora! Facility

Two large ventilation fans in main warehouse area

2nd Floor heat exchanger area with three bays of windows accessible for ventilation.

2.2 RELATIONSHIP BETWEEN ELECTRICAL INPUT AND "COP"

Commentary:

The equation to determine COP for a heat pump is:

COP= (Energy Output) I (Energy Input)

In his Expert Disclosure, Mr. Murray takes issue with the fact that on several occasions during the period recorded by Dr. Penon, there existed an inverse relationship between the COP and the amount of energy input. In fact, Mr. Murray goes to the extent to claim that "there is no logical reason why the COP should be changing inversely to the amount of power imputed." This statement is fallacious.

In the COP equation above, the energy input (i.e. the electrical energy measured by Dr. Penon) is the input power supplied by FPL. Ifthe energy output (numerator) of the plant is approximately constant, the equation dictates that the COP of theE-Cat will increase when the plant draws less electrical power (denominator decreases). Accordingly, the data collected by Dr. Penon is consistent with this basic equation.

Conclusion:

The use of the Coefficient of Performance is justified for the E-Cat.

2.3 SUITABILITY OF WORK CONDITIONS DUE TO HEAT ENERGY GENERA TED

Commentary:

From Mr. Murray's opinion:

"Mr. Murray will testify as to the heat simulations he ran to recreate the thermal conditions inside the Dora! location. The thermal simulation involved a 500 kw or 800 kw power source uniformly distributed in a container at the Dorallocation, 7861 NW 46111 Street, Dora!, FL 33166 and releasing heat into the ambient warehouse of the Dora! location. Mr. Murray's simulation demonstrates how the heat would typically build over time to achieve a steady state temperature. See 'Thermal Simulations. ' This means that the room would have been heated to a temperature unsuited for a human working environment."

5


Conclusions:

I. Starting from the reactor/generator of theE-Cat plant, heat could have dissipated from the energy source (however well insulated);

2. Next, heat could have been dissipated through the pipes which led from the E-Cat plant to the heat exchanger (room);

3. Workmen who were working in the room could be called to testify that the room in which they were working felt significantly warmer when theE-Cat plant was working and generating energy;

4. Heat dissipated by these transmission pipes could be lost easily to the large space, aided by the ventilation fans.

5. Finally, heat was dissipated in the heat exchanger specially designed by Dr. Rossi. The heat that could be dissipated by this heat exchanger is at least lMW.

Mr. Murray did not see or mention the heat exchanger which was designed and built to dissipate the energy generated by the E-Cat plant. Neither did Mr. Smith consider the heat exchanger in rendering his opinion. As described above, a substantial heat exchanger was constructed within the Doral Facility which would have greatly affected the dissipation of heat within the Doral Facility.

Although this expert did not observe the heat exchanger during his site visit (it had been removed after the conclusion of the E-Cat test), Dr. Rossi described in detail the form, function and specifications of the heat exchanger located on the second floor of the Doral Facility. According to Dr. Rossi, the heat exchanger was comprised of a series of steel pipes supported by a wood frame which were contained within an insulated wood structure. Within the wooden structure, two fans (each 25,000 cubic meters/hour) circulated the air over the steel pipes with the air exiting through a 3.8 square meters opening on the front of the building (consistent with the windows observed by this expert). Based upon Dr. Rossi's description of the heat exchanger placed at a second floor level, with 2 fans of combined capacity of 50,000 cubic meters/hour, this expert is satisfied that the heat exchanger answers the question as to where the heat energy was dissipated.

Mr. Murray's statement that "the room would have been heated to a temperature unsuited for a human working environment" is fallacious.

To roughly calculate the amount of heat energy which can be dissipated through the described heat exchanger (conductivity), we apply the Fourier Equation which is:

Q = k x A x [(Tc- Tr)---;- (L)] Equation 1

In this equation:

6


Q =heat transfer from steam/water to steel pipes. The steel pipes participate fully in the heat transfer. k =Specific Thermal Conductivity ofthe C 15 steel (36 W/m 0 C) A = Surface Area in meters squared (100m2

)

L =Thickness of the pipe wall in meters (1.5mm). Tc =Temperature of heat from source in Celsius (101 o C) Tr= Temperature of water outflow in Celsius (99-100° C) mw =Flow rate of water (1500 kg/hr)

The latent heat of steam at standard temperature and pressure ("STP") is 2257 kJ/kg. See Engineer's Toolbox. The amount of heat two be rejected by the steam and water is 0.94 MW.

2.4 AIR FLOW CONSIDERATIONS

The air flow inside the heat exchanger was 50,000 m3 /hr with the heat exchanger's volume of 60 cubic meters, the air insider the heat exchanger was changed 833 time per hour.

Newton's law of cooling is used for calculating the heat extraction from the heat exchanger by the forced convection induced by the two fans.

As per Newton's Law of Cooling:

Q=hAL1T Equation 2

In this equation:

Q = heat transfer from steel pipes to air. h = overall heat transmission coefficient between moderate air cross flow and carbon 1.5 steel. See [OPPO Conductibita Termica]. The value is 200 W/m2C. A = area of heat transfer (100m2

)

6.T = Tr- Tc. Tc = outer surface temperature of steel pipes (1 00° C). Tr= ambient air temperature (30° C). Heat Convection Area is 100m2

·

Therefore: Q = 1.4 MW.

Applying the two equations described above to the conditions and specifications existing at the Dora] Facility, this expert was able to determine that the described heat exchanger would have been more than sufficient to expel in excess of lMW ofheat energy from the Doral Facility.

Conclusion:

7


This expert has concluded that, assuming the existence of the heat exchanger with the specifications above, the heat exchanger and the fans are capable of removing at least 1 MW of heat energy from the Doral Facility. Additionally, the energy generated by theECat plant was dissipated around theE-Cat plant itself, the transmission pipelines to the heat exchanger, and in the heat exchanger itself which was cooled by two motorized fans. "That the room would have been heated to a temperature unsuited for a human working environment" concluded by Mr. Murray, is simply fallacious .

SECTION 3-SUPPORTING EXHIBITS

• Exhibit A-1 shows the heat exchanger room, where the steel pipes of the heat exchanger were placed in a horizontal array on the floor of the room.

• Exhibit A-2 shows the framework, delineating four holes in the outer wall of the heat exchanger room.

• Exhibit A-3 shows the only door connecting the second-floor heat exchanger room to the much bigger space where there were workmen. The dimensions of the door are one foot and ten inches wide by six feet and eight inches wide.

• Exhibit A-4 shows two ventilation fans in the larger space adjacent to the heat exchanger room where workmen were present during work hours.

SECTION 4-QUALIFICATIONS

A summary of my qualifications is provided in the CV appended hereto as Exhibit B, which includes a list of all publications I have authored in the previous ten years.

SECTION 5-PRIOR TESTIMONY

I have not provided testimony within the last four years.

SECTION 6-FEE DISCLOSURE

I am being compensated for my work in these proceedings at a rate of $275.00 per hour, except that my rate for deposition and trial testimony is $375.00 per hour. My compensation is not dependent on the opinions rendered or the outcome of this proceeding.

'

By: Wr~-__ P_r_o_f_45f.-==t .... _. -K=a"""u-:-fu_i_V_,__. W_ o_n_g ___ _

Date : ___ 2_/_'_.s ;!_1_7 __ _

8

9

Dated: February 13, 2017. Respectfully submitted,

/s/ John W. Annesser, Esquire

John W. Annesser, Esq. (FBN 98233) [email protected] Brian Chaiken, Esq. (FBN 118060) [email protected] D. Porpoise Evans, Esq. (FBN 576883) [email protected] PERLMAN, BAJANDAS, YEVOLI & ALBRIGHT, P.L. 283 Catalonia Avenue, Suite 200 Coral Gables, FL 33134 Telephone: 305.377.0086 Facsimile: 305.377.0781 Attorneys for Plaintiffs, Andrea Rossi and Leonardo Corporation


I hereby certify that a true and correct copy of the foregoing was served by in the

manner specified below on February 13, 2017 on all counsel or parties of record on the attached

Service List.

/s/John W. Annesser, Esquire John W. Annesser, Esquire


10

SERVICE LIST Christopher R.J. Pace, Esq. (FBN 721166 [email protected] Christopher M. Lomax, Esq. (FBN 56220) [email protected] Christina T. Mastrucci, Esq. (FBN 113013) [email protected] Erika S. Handelson, Esq. (FBN 91133) [email protected] JONES DAY 600 Brickell Avenue, Suite 3300 Miami, FL 33131 - and - Bernard P. Bell, Esq. (PHV) [email protected] MILLER FRIEL, PLLC 1200 New Hampshire Avenue, N.W. Suite 800 Washington, DC 20036 Attorneys for Defendants, Darden, Vaughn, Industrial Heat, LLC, IPH Int’l B.V., and Cherokee Investment Partners, LLC Service via: CM/ECF or E-Mail Francisco J. León de la Barra, Esq. (FBN 105327) [email protected] Fernando S. Arán, Esq. (FBN 349712) [email protected] ARÁN CORREA & GUARCH, P.A. 255 University Drive Coral Gables, Florida 33134 Attorneys for Third-Party Defendants, JMP, Johnson, and Bass Service via: CM/ECF or E-Mail Rodolfo Nuñez, Esq. (FBN 016950) [email protected] RODOLFO NUÑEZ, P.A. 255 University Drive Coral Gables, Florida 33143 Attorney for Third-Party Defendants, Fabiani and USQL Service via: CM/ECF or E-Mail


COMPOSITE EXHIBIT A


EXHIBIT A-1


EXHIBIT A-2


EXHIBIT A-3


EXHIBIT A-4


EXHIBIT B


1

CURRICULUM VITAE 1. Date: February 7, 2017 PERSONAL 2. Name: Kau-Fui Vincent Wong 3. Home Phone: (305) 553-0928 4. Home Address: 8215 S. W. 48th Street Miami, Florida 33155 6. Current Academic Rank: Professor, tenured HIGHER EDUCATION 7. Institutional: B.S.(Honors) University of Malaya Mechanical Engineering, June 1973 M.S. Case Western Reserve University Mechanical Engineering, June 1975 Ph.D. Case Western Reserve University Mechanical & Aerospace Engineering January 1977 8. Certification, Licensure: Currently Registered Professional Engineer (Florida), since 1983. EXPERIENCE 9. Academic: (a) 1979 to present: Professor, U.M. (b) May 1990 to June 1995: Associate Director, Florida Center for Solid & Hazardous Waste Management. (c) June 1990 to May 1993: Chairman of Graduate Studies, Mechanical Engineering

Department. (d) Sep., 1991: Taught a 3-day Seminar on Air Pollution, on the invitation of the

Jamaica Institute of Engineers. (e) April 1992 to 1995: Program Manager of the Florida Center State Oil Spill

Research Initiative. (f) June & Dec '96 (parts of month): Acting Department Chairman

(g) Jan. 1997 to Dec. 1997: Acting Department Associate Chairman (h) 1999 to 2001: ABET EC accreditation Chairman for M.E. (l) March-April 2004: Completed 8-week course on Leadership, U.Miami. (m) March 2005: ASME Leadership Workshop, Pittsburgh. (n) March 2006: ASME Leadership Workshop, Houston. (o) March 2008: ASME Advanced Leadership Workshop, Atlanta.

10. Non-Academic: (a) May 1970 to Jan.1973: Nat. Elect. Board Scholar at the University of Malaya.


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Training in a 60 MW power station, Dec '71 to April '72. (b) Feb.1973 to Aug.1973:ASSISTANT ENGINEER WITH THE NATIONAL

ELECTRICITY BOARD, MALAYSIA. Training in the various sections of a l70 MW power station: mechanical maintenance, workshop, electrical maintenance, instruments, operations, chemical laboratory, participated in the commissioning of a 60 MW genera-ting unit.

(c) Sep. 1973 to Oct. 1976: RESEARCH ASSISTANT, CASE WESTERN RESERVE UNIVERSITY, CLEVELAND, OHIO 44106, U.S.A. Practical work in the area of heat transfer studies. Working knowledge of instrumentation and equipment used in temperature and flow measurements. Exposed to the latest techniques employed in heat and flow transfer, fluid flow studies and related fields, eg. computer based data acquisition. Ex-perience in the treatment of heat transfer and fluid mechanical problems by using analytical and computational methods. Experience in computer programming and the use of the following computers: IBM 11/30, IBM 360, PDP 11/40 and UNIVAC 1106, 1108. Working knowledge of Basic, Fortran V.

(d) Dec.1976 to Feb.1979: RESEARCH ENGINEER/GENERATION PLANNING ENGINEER WITH NAT. ELECT. BOARD, MALAYSIA. Trouble-shooting of mechanical and chemically related problems in the various thermal power plants throughout peninsular Malaysia. Experience in conducting surveys for the metrication of measuring equipment used by the entire organization. Planning for 120 MW oil-fired boilers to be built in thermal power stations. Experience in the approval of drawing plans and testing/commissioning procedures. Experience in the design of the air-conditioning and ventilating system, and the fire protection system for a thermal power station.

PUBLICATIONS 15. Books and Monographs Published: (1) Co-Editor: Resource Recovery from Solid Wastes, Pergamon Press, 1982. (2) Editor: Proceedings of Waste-to-Energy Workshop, Tallahassee, FL, May 1991 (3) Author: Thermodynamics for Engineers, CRC Press, 2000, 370 pp, TJ265.W56; 2nd Ed. 2012. (4) Author: Travels in the New Millennium, K.V.Wong, 2001, 140 leaves, Col. Ill.,

PS3573.O579T7. (5) Author: Florida Muse, K.V.Wong, 2001, 103 leaves, Col. Ill., PS3573.O579F5. (6) Author: Gems from the Trenches, K.V.Wong, 2002, Col. Ill., PS3573.O579W5. (7) Author: Intermediate Heat Transfer, Marcel Dekker, N.Y., 2003, 411 pp. (8) Author: Thermodynamics for Engineers II, 1st Ed,Xanedu, N.Y.,2003,316 pp. (9) Author: Thermodynamics for Engineers II, 2nd Ed,Xanedu, N.Y.,2004,314 pp (10) Author: Thermo. for Engineers II, 3rd Ed,Linus Pub.,N.Y.,2007,346 pp. (11) Author: Thermo. for Engineers II, 4th Ed, U.M., 2009, 297 pp. (12) Author: Thermo. For Engineers II, 9th Ed, U.M., 2014. (13) Editor: Essays in Energy, Momentum Press, NYC, 2015. (14) Author: Climate Change, Momentum Press, NYC, 2016. (15) Author: Sustainable Engineering, Momentum Press, NYC, 2016. 16. Juried or Refereed Journal Articles and Exhibitions: (1) K.V. Wong and A. Dybbs, "An Experimental Study of Thermal Equilibrium in Liquid

Saturated Porous Media". Int. Heat Mass Transfer, Vol.19, pp. 234-236, 1976. (2) S. Sengupta, D. Dasgupta, K.V. Wong, E. Daly, S. Farooq and H.P. Gerrish "Numerical

Simulation of Chemically Reacting Flows Through Soils: A Parametric Study", International Journal of Simulation, Vol.1, No. 1, 1981, pp. 21-23.

(3) A. Dasgupta, N.L. Nemerow, S. Farooq, E. Daly, Jr., S. Sengupta, H.P. Gerrish and K.V. Wong, "Anaerobic Digestion of Municipal Solid Waste", Biocycle Journal, March-April


3

1981, pp. 34-38. (4) K.V. Wong, S. Sengupta, D. Dasgupta, E. Daly, N. Nemerow and H.P. Gerrish, "Transport

of Heavy Metal Pollutants in Saturated Porous Media", Biocycle Journal, Sep.-Oct. 1981. (5) E.L. Daly, Jr., S. Farooq, A. Dasgupta, S. Sengupta, H.P. Gerrish and K.V. Wong,

"Reliability of Analytical Methods for Anaerobic Municipal Solid Waste Samples", Journal of Water Pollution Control Federation, Feb. 1982, pp. 187-192.

(6) K.V. Wong, S. Sengupta, D. Dasgupta, E. Daly, N. Nemerow and H.P. Gerrish, "Modelling and Experimental Study of Heavy Metal Migration in Soil Solution Systems", Biocycle Journal, 1-2/1983.

(7) D. Dasgupta, S. Sengupta, K.V. Wong and N. Nemerow "Two-Dimensional Time Dependent Simulation of Contaminant Transport from a Landfill", J. Applied Mathematical Modelling, 1984, Vol. 8, June, pp.203-210.

(8) H.P. Gerrish, E. Daly, S. Sengupta and K.V. Wong, "Size Distribution of Airborne Particulate Matter Emitted by the Front-End Processing of Municipal Solid Waste Feed Material for Large-Scale Anaerobic Digesters", J.Air Poll. Control Assoc, July 1984.

(9) K.V. Wong, S. Sengupta and D. Dasgupta, "Prediction of Cation Mobility in Soils from the Linear Distribution Coefficient", International Symposium on Industrial and Hazardous Solid Wastes, Philadelphia, March 1983, invited for revision and in Hazardous and Industrial Waste Management and Testing, ASTM, 1984, pp. 81-91.

(10) K.V. Wong, G. Yeh and E. Davis, "The Field Validation of the Geohydrology Simulation Model FEWA, "J. Applied Mathematical Modelling, Vol. 9, Oct. 1985.

(11) K.V. Wong and G. Yeh, "Application of the Finite Element Groundwater Model FEWA to Three Regional Aquifers", 3/l985, ORNL/CF-85/54, invited for revision and in ORNL/TM-9678, 6/86.

(12) K.V. Wong and G. Yeh "Field Validation of the Contaminant Transport Model, FEMA," J. Applied Mathematical Modelling, Vol. No. 3, June 1986.

(13) K.V. Wong, G. Yeh and E. Davis, "Predictive Application of a ORNL Geohydrology Model," J. Ground Water, Vol. 25, No.3, 1987.

(14) S. Sengupta, K.V. Wong, N.L. Nemerow, H.P. Gerrish, E. Daly and A. Tilles, "An Environmental Characterization Study of a Proof- of-Concept Municipal Solid Waste Digestion Plant: Pompano Beach, FL," Conservation and Recycling, Vol.10, No.4, pp.281-298, 1987.

(15) K.V. Wong,"Three Shells Used for Hydrocarbon Identification in Engineering," Computers in Education, Division of ASEE, Vol. VIII, No.1, Jan.-March 1988.

(16) K.V. Wong and D. Houston, "Software System Design for Surface Water Permitting," Int. Journal Applied Engineering Education, Vol. 4, No. 3, 1988.

(17) K.V. Wong and A. Rashid "A Mathematics Consultant for Engineering Undergraduates," Computers in Education, Vol. X, No. 4, Oct.-Dec. 1990.

(l8) K.V. Wong, "Easy Referencing in Mechanical Engineering Topics," Computers in Education, Vol. X, No. 3, July-Sept. 1990.

(l9) K.V. Wong and F. Ferrano, "Availability-Based Computer Management of a Cold Thermal Storage System," ASHRAE Transactions, Vol. 96, Part 1, 1990.

(20) Y. Ding and K.V. Wong, "Control of a Simulated Dual Temperature Hydronic System Using a Neural Network Approach," ASHRAE Transactions, Vol. 96, Part 2, 1990.

(21) F. Ferrano and K.V. Wong, "Prediction of Thermal Storage Loads Using A Neural Network," ASHRAE Trans., Vol. 96, Part 2, 1990.

(22) K.V. Wong and Z. Niu, "User-Modifiable Heat Exchanger Expert System," ASHRAE Transactions, Vol. 97, Part 2, 199l.

(23) K.V. Wong, "Innovation in the Senior Fluids and Thermal Sciences Laboratory," ASME Curriculum Innovation Awards Paper, 1990.

(24) K.V. Wong and Z. Niu, "Thermodynamic Optimization of the Boiler and Turbine with


4

Condenser," ASHRAE Trans, Vol. 97, Part 2, 1991. (25) G. Gill and K.V.Wong, "Passive Solar Design for Windows Using a Neural Network,"

ASHRAE Transactions, Vol. 97, Part 2, 1991. (26) A. Rashid and K.V. Wong, "A Neural Network Approach to the Determination of Aquifer

Parameters by the Type-Curve Matching Method," J. of Ground Water, March-April 1992. (27) A. Rashid and K.V. Wong, "Computer-Aided Modelling of Heterogeneous, Two-

Dimensional, Ground-Water System," Computers & Geosciences, Vol.18,No.9, 1992. (28) M. Miller and K.V. Wong, "Prediction of Vulnerable Zones for Reactive Substances," J.

Environmental Health, Oct. 1993. (29) L. Zhang and K.V. Wong, "Expert System for Cryogenic Piping Systems," ASHRAE

Transactions, Vol. 100, Part 2, 1994. (30) K.V. Wong, Y. Zhu, "Using a Combustion Expert System to Help Combat Oil Spills,"

Computers in Education, Vol. XIV, No. 4, Oct.-Dec. 1994. (31) K.V.Wong, R.Narasimhan, R.Kashyap, J. Fu, "Medical Waste Characterization and Front-

End Analysis," J. Environmental Health, July/August 1994. (32) K.V. Wong and N. Paradiso, "A Decision Support System to Assist in Selecting A Chemical

Oil Spill Dispersant," Computers in Education, Jan.-March 1995. (33) D. Brown and K.V.Wong, "A Knowledge-Based System for Residential Energy

Conservation in a Sub-Tropical Climate," Computers in Education, April-June 1995. (34) K.V. Wong and D. Guerrero, "Quantitative Analysis of Shore-Line Protection by Boom

Arrangements," Spill Science and Technology Bulletin, Vol. 2, No. 1, June 1995. (35) D.S. Yeh and K.V. Wong, "HVAC Pipe/Duct Sizing Using Artificial Neural Networks," Int.

J. Modelling & Simulation, 1996. (36) K.V. Wong and N. Abu Ghait, "Relative Values of Damage Assessed for the Gulf of

Mexico, the Atlantic Coast and the Pacific Coast," Spill Science and Technology Bulletin, Vol.2, No. 2, August 1996.

(37) Z. Niu and K.V. Wong, "Adaptive Simulation of Boiler Unit Performance", Energy Conversion and Management , Vol 39, No 13, pp. 1383-1394, 1998.

(38) S. Sengupta, S. Sherif and K.V.Wong, "Empirical Heat Transfer and Frost Thickness Correlations during Frost Deposition on a Cylinder in Cross-Flow in the Transient Regime," Int. Journal of Energy Research, Vol.22, No.7, June 1998.

(39) S. Lu, K.V.Wong and L.Stoff, "Exergetic Analysis of Cooling Systems with Ozonation Water Treatment," Energy Conversion and Management, Vol 39, No 14, pp. 1407-1422, 1998.

(40) G. He, H Solo-Gabriele, K.V.Wong, "Infiltration Rates through Landfill Cover Systems," J. Solid Waste Technology and Management, Vo.25, Nos.3&4, Nov. 1998, pp.161-167.

(41) S. Kermer, Sheikh Mohamed and K.V.Wong, "Best Management Practices for Automobile Salvage Yards," Int. J. Env. Poll., Vol. 11, No. 2, 1999, pp.133-140.

(42) K.V.Wong, "The Replacement of Manual Property Tables by Computerized Tables is in Accordance with EC2000", Computers in Education, Oct.-Dec. 1999.

(43) R. Wark and K.V.Wong, "Proposed Methodologies for Incorporation of Synergistic Effects in the Calculation of the Pollutant Standards Index," Int. J. of Env. Poll., Vol.12, No.3, 1999.

(44) I. Kusijanovic and K.V.Wong, "Synergistic Effects of Pollutants on Air Quality," Int. J. of Env. Poll., Vol. 12, No.3, 1999.

(45) M. Malakos and K.V.Wong, "Proposed Pollutant Index to Incorporate Synergistic Effects," Int. J. of Env. Poll., 12, No.3,1999.

(46) K.V.Wong, E.Barin and J.Lane, “Field Experiments at the Ohmsett Facility for a Newly Designed Boom System,” Spill Science and Tech Bulletin, Vol. 7, Issues 5-6, Dec 2002, pp. 223-228.

(47) K.V.Wong and H.O.Stewart, "Oil Spill Boom Design for Waves," Spill Science and Tech


5

Bulletin, Vol. 8, Nos. 5-6, pp. 543-548, 2003. (48) AR.A.Aziz and K.V.Wong, "Velocity Measurements across Fluid-Porous Medium Interface

using Particle Image Velocitmetry," Int. J. Model & Simulation, Vol 23, No.3, 2003. (49) K.V.Wong and E.Barin, "Oil Spill Containment by a Flexible Boom System," Spill

Science and Tech Bulletin, Vol. 8, Nos. 5-6, pp. 509-520, 2003. (50) T. Zhou and K.V.Wong, “Studying Atmospheric Exposure Risks during Oil Spills using

a localized computational Model,” Proc. Instn Mech Engrs, Part M, J. Engineering for Maritime Envi Vol. 218 pp. 23 – 30, April 2004.

(51) K.V.Wong, Solo Photographic Exhibition, “Man in One with Nature,” First Floor, Cox Science Building Exhibition Area, U.Miami, Coral Gables, curated, May – Sep. 2004.

(52) K.V.Wong, Four Photographic Works on exhibition in the Graduate School, U. Miami, Coral Gables, May 2004 –May 2007 .

(53) J. Fang and K.V.Wong, “An Advanced VOF Algorithm for Oil Boom Design”, Int. J. Model. & Sm., Vol. 26, No. 1, Jan 2006, pp. 36-44.

(54) K.V.Wong and Ahmed AlHajaj, “Prediction of More Useful Work from A Person in Moderate, Temperate Climate by Using the Second Law of Thermodynamics,” ASHRAE Transactions, TRNS-00001-2008, Vo. 114, Part 1.

(55) K.V.Wong and Tarun Kurma, “Transport Properties of Alumina Nanofluids,” Nanotechnology, 19, 345702, 2008 (8pp).

(56) K.V.Wong and M. Castillo, “Heat Transfer Mechanisms and Clustering in Nanofluids”, J. Advances in Mech. Engineering, Vol. 10, online, 2010.

(57) K.V. Wong and O. De Leon, “Applications of Nanofluids: Current and Future”, J. Advances in Mech. Engineering, Vol. 10, 2010.

(58) K.V. Wong and O. De Leon, “Review of Nanofluid Applications”, Advances in Numerical Heat Transfer, Taylor & Francis, 2012.

(59) K.V.Wong, “Nutritional Perspective about Prostate Cancer Disparity between the West and the Rest of the World,” Food Science and Technology Letters, ISSN: 0976-982X & E-ISSN: 0976-9838, Volume 3, Issue 1, 2012, pp.-14-19.

(60) K.V. Wong and B. Bonn, “Use of Ultrasound Thermometry to study Natural Convection in Opaque Nanofluids”, J. ASTM Int., Vol.9, No.4, JAI104320, 2012.

(61) K.V. Wong, O. Ching, R.Chan, E. Pacewicz, UNESCO-EOLSS 6.6.74 “Energy Systems and Comparison of Pollutants”, online, 2012.

(62) K.V. Wong, A.Hernandez, “A Review of Additive Manufacturing,” ISRN Mechanical Engineering, Vol 2012 (2012), Article ID 208760, 10 pages.

(63) A. Aslani, Antila, KV Wong, “Comparative Analysis of Energy Security in Nordic Countries: The Role of Renewable Energy Resources in Diversification,” J.Ren.Sus. Energy, Iss.6, Vol 4, Nov. 2012.

(64) KV Wong, S. Chaudhry, "Use of Satellite Images for Observational and Quantitative Analysis of Urban Heat Islands around the World”, ASME J. Energy Resour. Technol, Dec 2012, Vol 134, Issue 4, 042101 (8 pages).

(65) KV Wong, Y. Dai, B. Paul, “Anthropogenic Heat Release Into the Environment”, J. Energy Resour. Technol, Dec 2012, Vol 134, Issue 4, 041602 (5 pages).

(66) KV Wong, “Perspective about Anesthesia Use and Alzheimer’s Disease and Dementia”, Vol.1, Iss. 1, Oct-Dec 2012, Research and Reviews: J. Medical

Health Sciences, pp.23-30. (67) Aslani, A., Naaranoja, M., Wong, K.V.,”Strategic Analysis of Diffusion of Renewable Energy in the Nordic Countries,” Renewable and Sustainable Energy Reviews, Elsevier, 22, 2013, pp. 492-495. (68) KV Wong, A. Paddon, A. Jimenez, “Review of World Urban Heat Island: Many Linked to Increased Mortality,” J. Energy Resour. Technol. June 2013, Vol 135, No 2, 022101 (11 pages).


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(69) KV Wong, J Johnston, “Cooling Systems for Power Plants in an Energy Water Nexus Era,” J. Energy Resour. Technol. March 2014, Vol 136, No 1, 012001. (70) KV Wong, “Bioresources increase as human population increases.” Renew. Bioresour.2014;2:2.http://dx.doi.org/10.7243/2052-6237-2-2.pdf (71) KV Wong (Expert View), “Recommendations for Energy Water Nexus Problems,” ASME J.Energy Res. Technol.,2014,136(3),p.034701. (72) KV Wong (Expert View), “Engineering Solutions to the Greenhouse Gases

generated by Hydroelectric Plants.” ASME J. Energy Res. Technol., 2014, 136(2), 024701,3 pages.

(73) KV Wong (Expert View), “Need for Engineering Solutions to Problems Associated with Offshore Oil and Gas Production,” ASME J. Energy Resour. Technol.,2014, 136(3), 034702 , 3 pages. (74) Wong KV, Pecora C. “Recommendations for Energy–Water–Food Nexus Problems.” Journal of Energy Resources Technology. 2015 May 1;137(3):032002. (75) Wong KV, Tan N. “Feasibility of Using More Geothermal Energy to Generate Electricity.” J. of Energy Resources Technology. 2015 Jul 1;137(4):041201. (76) Wong KV. “Land-sail Vehicle to generate electricity.” Journal of Energy Resources Technology.

2015 Jan 1;137(1):014701. (77) A Aslani, KV Wong, “Analysis of renewable energy development to power generation in the

United States”, Renewable Energy 63, 2014, 153-61. (78) KV Wong, A Paddon, “Nanotechnology Impact on the Automotive Industry.” J. Recent Patents On Nanotechnology, Vol. 8, No. 3, 2014, pp.181-199. (79) KV Wong (Expert View), “Research and Development of Drones for Peace – High Power High

Energy Supply Required,” J. Energy Resour. Technol., JERT-14-1275, Dec. 2014. (80) K.V. Wong (Expert View), “Energy-Water-Food Nexus and Recommendations for Security,” J.

Energy Resour. Technol. May 2015, Vol.137/ 034701-1. (81) K.V. Wong, “Better Nutritional Practices is Key to the Hispanic Health Paradox,” Journal for

Cancer, Photon 112(2014) pp.162-168. (82) K.V. Wong, “Strategy of Air Supremacy and Defense for a Quick End to Twenty-First Century

Conflict – Research Required,” J. Modern Mechanical Engineering and Technology, Nov 2014,1, pp.20-24, DOI: http://dx.doi.org/10.15377/2409-9848.2014.01.01.3.

(83) K.V. Wong, “Cousin Marriages from Viewpoint of Genetics,” Global J. of Human Genetics & Gene Therapy, Dec. 2014, 2, pp.93-97,

DOI: http://dx.doi.org/10.14205/2311-0309.2014.02.02.4. (84) KV Wong (Expert View), “Energy is Key to Shape of Commercial Flights in the Future.” ASME

J. Energy Res. Technol., 2015. (85) KV Wong (Expert View), “Linking Energy Levels in the Circadian Core Body Temperature Cycle

to Human Health and Well-Being.” ASME J. Energy Res. Technol., 2015,3 pages. (86) K.V.Wong, “Stresses caused by Too Much Wheat and Sugar.” Accepted 2/28/15. Global Journal

of Immunology and Allergic Diseases, pharmapublisher.com, Vol. 3, No.1, 2015. (87) K.V. Wong, “A Perspective of One Important Risk Factor of Type 2 Diabetes in Hispanic and

Asian Minorities.” Accepted 2/28/15, Global Journal of Immunology and Allergic Diseases, pharmapublisher.com, Vol. 3, No.1, 2015.

(88) K.V.Wong, “Meditation and Brain Exercises allow Mature Persons to Continue to be Valuable Assets”, Global J. Human Anatomy and Physiology Research,2015,Vol.2,Iss.1, June.

(89) K.V.Wong, “Assessment Tests for Digital Skills: A Tool for Learning Outcomes and University Accreeditation”, J. Modern Mech. Engineering and Tech., 2015,Vol.2,Iss.1,July.

(90) K.V. Wong and S.Ginkel, “Virtual Media Quality Index (W-Index) for Higher Institutions of Education”, J.Modern Mech. Engineering and Tech., 2015,Vol.2,Iss.1,July.

(91) K.V.Wong and C.Lennon, “Innovations Related to Hydrology in Response to Climate Change – A Review”. The Open Hydrology Journal, 2015, 9: 17-23.


https://scholar.google.com/citations?view_op=view_citation&hl=en&user=W7q_ZoEKzsMC&citation_for_view=W7q_ZoEKzsMC:35N4QoGY0k4C

https://scholar.google.com/citations?view_op=view_citation&hl=en&user=W7q_ZoEKzsMC&citation_for_view=W7q_ZoEKzsMC:35N4QoGY0k4C

http://benthamopen.com/TOHYDJ/home/

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(92) K.V.Wong, “Mitigation and Adaptation Responses to Sea Level Rise”. The Open Hydrology Journal,2015,9;24-27.

(93) K.V.Wong, “Wealth of the Oceans”. The Open Hydrology Journal, 2015,9;14-16. (94) K.V.Wong and T. Kuhn, “STEM and Other Fields of Study”, J.Modern Mech.

Engineering and Tech., 2015, Vol.2, Iss.1, July. (95) K.V. Wong, “Dengue Fever”. Aug. 2015 online, Vol 4, Issue 2, 2015, J. of Disease and

Global Health, IK Press, pp.52-57. (96) K.V. Wong, “Alzheimer’s Disease, Nutrition and Gut Bacteria”. Sep. 2015 online, Vol

1, Issue 5, 2016, J. of Disease and Global Health, IK Press, pp.1-6. (97) K.V.Wong, “Planning and Engineering Strategies to Mitigate Effects of Climate Change” Sep.

2015, J. Energy Res. Tech. (98) K.V.Wong (Expert View), “Sustainable Engineering in the Global Energy Sector” Sep. 2015

online, J. Energy Resour. Technol. 2015; 138(2):024701-024701-4. doi:10.1115/1.4031783. (99) K.V. Wong, “Sustainable Science and Engineering” Sep. 15, 2015 online, J. Advanced Sustainable

Engineering, Sustainable Scientific Pub. (100) K.V. Wong, “Perspective about the Management, Preservation and Conservation of Apex Predator

Species: Economic Potential of Culling in Wildlife Management Areas.” Nov.2015 online, Vol 14, Issue 4, 2016, J. of Basic and App. Research International, IK Press.

(101) KV Wong, “Perspective of the Etiology, Pathology and Therapy of Cancer.” Nov. 2015 online, Vol 7, Issue 2, 2016, J. of Int. Research in Medical and Pharmaceutical Sciences, pp.63-67.

(102) KV Wong, “Obesity and Gut Bacteria.” Nov. 2015 online, Vol 7, Issue 3, 2016, J. of Int. Research in Medical and Pharmaceutical Sciences, pp.128-132.

(103) K.V. Wong, “Consumption of Red Meat and its Possible Role in the Etiology of Colorectal Cancer” Nov. 2015 online, Vol 6, Issue 1, 2016, J. of Disease and Global Health, IK Press, pp.51-55.

(104) K.V. Wong, “Nutritional Practices from Ethno-medical Health Practices” Dec.2015 online, Vol. 6, Issue 3, 2016, J. of Disease and Global Health, IK Press, pp.128-131.

(105) K.V. Wong, “Feasibility of Future Environmental Sampling and Metagenome Analysis for Endemic Diseases” Vol. 6, Issue 4, Jan. 2016, J. of Disease and Global Health, IK Press, pp.141-144.

(106) K.V.Wong (Expert View), “Global Goals and Contributing Disciplines in Higher Education, with a Focus on Sustainable Engineering” Dec.2015 online, 2016, J. Energy Res. Tech. 2016; 138(3):034701-034701-4. doi:10.1115/1.403242.

(107) K.V.Wong, “Etiology of Lip and Tonsil Cancers” Vol.6, Issue 4, Jan.2016. J. of Disease and Global Health, IK Press, pp.173-176.

(108) K.V. Wong, “Rice Consumption and Hypertension” J. of Epidemiology and Public Health Reviews, Sci Forschen publishers, Vol.1, Issue 1, Jan. 2016. (109) K.V. Wong, “Etiology of Nasopharyngeal Carcinoma and Nutrition” J. of Epidemiology and Public Health Reviews, Sci Forschen publishers, Vol.1, Iss.2. March 2016. (110) K.V. Wong, “Salt of Our Lives” J. of Epidemiology and Public Health Reviews, Sci Forschen publishers, Vol.1, Iss.2, March 2016.. (111) K.V. Wong, “Nutritional and Health Issues and Public Policies” JIRMEPS, IK Press, Vol 9, Issue 1, Feb 2016, pp.13-17. (112) K.V. Wong, “Temperature of Food and Drink Intake Matters” J.Energy Resources Technol. 2016; doi: 10.1115/1.4034290. (113) K.V.Wong, “Strategies to Strike out Sugar” J. of Epidemiology and Public Health Reviews, Sci Forschen publishers, Vol.1, Iss.3, May 2016. (114) K.V.Wong, “Risk Factors of Microcephaly” J. of Epidemiology and Public Health Reviews, Sci Forschen publishers, Vol.1, Iss.3, May 2016. (115) K.V.Wong, “Zika Virus: Facts and Recommendations for Control” J. of Epidemiology and Public


http://www.ikpress.org/journal/41



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Health Reviews, Sci Forschen publishers, Vol.1, Iss.3, May 2016. (116) K.V. Wong, “Traditional Practices in Restaurants that could be Revived and Some that

should not.” Nutrition and Food Science International J., Juniper Publishers, CA, June 2016. (117) K.V. Wong, “Oats for You.” Global J. of Immunology and Allergic Diseases, Synchro Publisher, June 2016, Vol.4, Iss.1.

(118) K.V. Wong, Pape M, “Energy Conservation Via Greywater Reuse for Power Plant Cooling and Wastes Minimization.” J. Energy Resour. Technol. 2016; 138(5):052009-052009-6. (119) Rahbari A, KV Wong, MA Vakilabadi, AK Poorfar, A Afzalabadi, “Theoretical investigation of particle behavior on flame propagation in lycopodium dust cloud.” 2016.DOI: .1115/1.4033862. (120) KV Wong, “Global College Rankings” J.Modern Mech Eng, Vol 3, Iss 1, July 2016. DOI: http://dx.doi.org/10.15377/2409-9848.2016.03.01.1. (121) KV Wong (Expert View), “Anthropogenic Heat Generation and Heat Exhaust to the Ultimate Sink.” J. Energy Resour. Technol. Vol 139, Iss 3, May 2017, 139(3):034701-034701-3. doi:10.1115/1.4034859. (122) KV Wong and S Dia, “Nanotechnology in Batteries.” J. Energy Resour. Technol. 2016. (123) KV Wong. “Regular Physical Exercise of the Asian Variety may be Kinder to the Joints.” Ortho & Rheum Open Access J. 2016; 3(2): 555608. DOI: 10.19080/OROAJ.2016.03.555608. (124) KV Wong, “Majority of World Population Breathe Bad Air, but Nutritional Habit may be Responsible for Increased Mortality in South Korea, Japan and Southeast Asia”. Nutrition & Food Science Int., Juniper Pub., Vol. 1, Issue 3, 2016. (125) KV Wong, “Dengue Fever, West Nile and Zika Viruses spread by Mosquitoes and Nutritional Method to Possibly Stop Dengue from being Fatal”. Nutrition & Food Science Int., Juniper Pub., Vol. 1, Issue 3, 2016. (126) KV Wong, “Stinging Nettles for Benign Prostatic Hyperplasia and other Health Benefits”. EC Nutrition 5.5, Nov 2016, pp.1228-1231. (127) KV Wong “Optimization of Healthy Fats in One’s Daily Diet”. EC Nutrition 5.5, Nov 2016, pp. 1232-1237. (128) KV Wong,” "Nutritional Practices and Predisposition towards Aggression in Homo Sapiens." J. Clinical Nutrition & Dietetics, imedpub.com, Vol. 2 No. 4: 21 Nov.2016. (129) KV Wong, “Wildlife Numbers may be improved by Team Work between Homo Sapiens and Big Cats” Int. J. Environmental Sciences & Natural Resources, Juniper Pub. Dec. 2016. (130) KV Wong, "Reversal of Hippocampus Atrophy in Advanced T2DM Patients under Restricted Glucose and Gluten-free Diet and Exercise Regimen." J. Abnormal and Behavioural Psychology,2:127, Omics Group, Dec. 2016. doi:10.4172/2472-0496.1000127. (131) KV Wong, “Biofuels – The Continuing Controversy.” Adv. in Microbiology & Biotechnology, Dec 2016; 1(5): 555575, Juniper Publishers. DOI: 10.19080/AIBM.2016.01.555575. (132) KV Wong, “Salting and Freezing of Fish – A Case Study of a Successful Process,” JOJ Case Stud. Dec 2016; 1(3): 555564. (133) KV Wong, “Appraisal of Homo Sapiens as a ‘Super Organism’,” Int J Environ Sci Nat Res. Dec. 2016;1(2): 555556. (134) KV Wong, “Mental Health Status is Subjective and is Revealed in ADHD Distribution.” J. Psychiatry Mental Health 2(1): doi http://dx.doi. org/10.16966/jpmh.112, Sci Forschen Dec 2016. (135) KV Wong, “Plastic Additives in Bodily Fluids Have Hormonal and Behavioral Effects.” EC Nutrition 6.2: pp.95-99. Dec 2016. (136) KV Wong, “Thermogenesis, Red Hot Chili Peppers, and Dieting.” EC Nutrition 6(4): 141-143, Jan. 2017. (137) KV Wong, “Amaranth Grain and Greens for Health Benefits”. Nutrition & Food Science Int., Juniper Pub., Vol. 2, Issue 2, 2017: 555584. DOI: 10.19080/NFSIJ.2017.02.555584.


http://www.juniperpublishers.com/nfsij/pdf/NFSIJ.MS.ID.555555.pdf

http://www.juniperpublishers.com/nfsij/pdf/NFSIJ.MS.ID.555555.pdf

http://energyresources.asmedigitalcollection.asme.org/article.aspx?articleID=2524420

http://energyresources.asmedigitalcollection.asme.org/article.aspx?articleID=2524420

https://www.researchgate.net/publication/303957386_Theoretical_investigation_of_particle_behavior_on_flame_propagation_in_lycopodium_dust_cloud?ev=prf_pub

https://www.researchgate.net/publication/303957386_Theoretical_investigation_of_particle_behavior_on_flame_propagation_in_lycopodium_dust_cloud?ev=prf_pub

http://dx.doi.org/10.15377/2409-9848.2016.03.01.1

http://dx.doi.org/10.16966/jpmh.112

http://dx.doi.org/10.16966/jpmh.112

https://www.ecronicon.com/ecnu/pdf/ECNU-06-0000191.pdf

https://www.ecronicon.com/ecnu/pdf/ECNU-06-0000202.pdf

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(138) KV Wong, “Movement as Response to Pain from Muscles, Tendons and Joints in Sedentary Persons.” Ortho & Rheum Open Access J. 2017; 4(4): 555644. DOI:10.19080/OROAJ.2017.04.555644. 17. Other Refereed Works and Publications: (1) K.V. Wong and A. Dybbs, "Energy Equations for Convection in Saturated Porous

Media", Paper 78-HT-54, Second AIAA/ASME Thermophysics and Heat Transfer Conference, Palo Alto, CA, 1978.

(2) K.V. Wong, "The Internal Heat Transfer Coefficient of a Porous Medium Non-Thermal Equilibrium Cases", ASME Paper 80-HT-102, the ASME/AIChE 10th National Heat Transfer Conference, Orlando, Florida, July 1980.

(3) K.V.Wong, S.Sengupata, N.L.Nemerow and H.P. Gerrish "Transport of Heavy Metal Pollutants in Saturated Porous Media", AAWA/FPCA/FW & PCOA An. State Tec Cf, Orlando, FL, 10/80.

(4) K.V. Wong, "The Internal Heat Transfer Coefficient of a Porous Medium Non-Thermal Equilibrium Cases" Proceedings Heat Transfer for Fluid Mech. Inst., 1980, pp.229-251.

(5) S. Sengupta, K.V. Wong, S. Farooq, E. Daly, Jr., and H.P. Gerrish "Environmental Studies on Methane Production by Anaerobic Digestion of Municipal Wastes", Proc. of Third Miami Int Conf on Alternative Sources, Miami Beach,Dec 1980.

(6) S. Sengupta, K.V. Wong, S. Farooq and E. Daly, "Characterizations for Gas produced by the Anaerobic Digestion of Municipal Wastes", Proceedings of Third Miami International Conference on Alternative Sources, Miami Beach, Dec. 1980.

(7) S. Sengupta, K.V. Wong, S. Farooq and E. Daly, "Prototype Demonstration Studies of Production of Methane from Municipal Solid Waste at Pompano Beach, Florida", Proc. of Third Miami Int. Conf. on Alternative Energy Sources, Miami Beach, Dec. 1980.

(8) S. Sengupta, D. Dasgupta and K.V. Wong, "Numerical Simulation of Chemically Reacting Flows through Soils: A Parametric Study", Proc. IASTED Simulation '80 Conf., Zurich, Switzerland, 1980.

(9) A. Dasgupta, N.L. Nemerow, S. Farooq, E. Daly Jr, S. Sengupta, H.P. Gerrish and K.V. Wong, "Anaerobic Digestion of Municipal Solid Waste", Proc. of Second Seminar on Biomass Energy for City, Farm, and Industry, Chicago, March 1981.

(10) D.Dasgupta, S. Sengupta and K.V. Wong, "Two-Dimensional Numerical Simulations of Contaminant Transport from a Landfill", Proceedings of Third International Conference on Mathematical Modelling, Los Angeles, California, July 1987.

(11) K.V. Wong, S. Sengupta, D. Dasgupta, E. Daly, Jr., and H.P. Gerrish, "Modelling and Experimental Study of Metal Migration in Soil-Solution Systems", Proc. Symp. on Resource Recovery and Env. Issues of Industrial Solid Wastes, Gatlinburg, Oct. 1981.

(12) W.P. Gulledge, S. Sengupta and K.V. Wong, "Development of Characterization Methods for Estimating the Hazard Potential of Industrial Solid Wastes", Proc. Symp. on Resource Recovery and Env. Issue of Industrial Solid Wastes, Gatlinburg, Oct. 1981.

(13) E. Daly, S. Sengupta and K.V. Wong, "Bacterial Hazards of a Solid Waste Resource Recovery Facility", Proc Symp Resource Recovery & Env Issues of Industrial Solid Wastes, Gatlinburg, Oct. 1981.

(14) K.V. Wong, "A Thermo-electric System using Concentrated Solar Energy with Photovoltaic Cells", Proc. of 16th South-eastern Seminar in Thermal Sciences, Miami Beach, April 1982.


10

(15) V. Naik, K.V. Wong, S. Sengupta, S. Voorhees, N.L. Nemerow and H.P. Gerrish, "Partitioning of Inorganic Exchangeable Ammonium Nitrogen in Some South Floridian Soil-Solution Systems", Proceedings of Conf. on Resource Recovery from Municipal, Hazardous and Coal Solid Wastes, Miami Beach, May 1982.

(16) S.A. Voorhees, E. Daly, Jr., S. Sengupta, K.V. Wong, H.P. Gerrish and N. L. Nemerow, "Bacterial Levels as a Function of Operating Temperatures at a Municipal Solid Waste Anaerobic Digestor", Proceedings of Conference on Resource Recovery from Municipal, Hazardous and Coal Solid Wastes, Miami Beach, May 1982.

(17) R. Narasimhan, H.P. Gerrish, S. Sengupta, E.L. Daly, N.L. Nemerow, K.V. Wong and S.A. Voorhees, "Composition of Gas Produced by Large Scale Anaerobic Digestion of Municipal Solid Waste", Proc. Conference on Resource Recovery from Municipal, Hazardous and Coal Solid Wastes, Miami Beach, May 1982.

(18) S. Muthuswamy, N.L. Nemerow, S. Sengupta, K.V. Wong, S. Voorhees and H.P. Gerrish, "Characterization of Process Streams and the Effects of Plastic Wastes on Anaerobic Digestion", Proceedings of Conference on Resource Recovery from Municipal, Hazardous and Coal Solid Wastes, Miami Beach, May 1982.

(19) M.M. Streitfeld, F.J. Roth, S. Vorhees, E. Daly, Jr., J. Samowitz, R. Narasimhan, S. Sengupta, K.V. Wong, H.P. Gerrish and N.L. Nemerow, "Microbiologic Content of Aerosol Generated in the Classification Shed of a Municipal Solid Waste (MSW) Processing Facility, Pompano Beach, Florida", Proceedings of Conference on Resource Recovery from Municipal, Hazardous and Coal Solid Wastes, Miami Beach, May 1982.

(20) K.V. Wong and H. Saedi, "The Heat Transfer Coefficient of Active Porous Media", Proceedings IASTED International Symposia, Cambridge, Massachusetts, July 1982.

(21) K.V. Wong, "Mathematical Characterization of Chemical Behavior of a South Floridian Soil", Proc. 19th Annual Meeting S.E.S., 10/82.

(22) K.V. Wong, A. Tilles, S. Sengupta and N. Nemerow, "Comparison of EP, ASTM-A and ASTM-B Extraction Procedures in Waste", Invited Paper, Joint U.S.A.- Taiwan EPA Conf., New York, 11/82.

(23) K.V. Wong, S. Sengupta and D. Dasgupta, "Prediction of Cation Mobility in Soils from the Linear Distribution Coefficient", ASTM International Symposium on Industrial and Hazardous Solid Wastes, Philadelphia, March 1983.

(24) K.V. Wong, "Charting the Contaminant History Beneath the Dade County Municipal Landfill", EOS Transactions, American Geophysical Union Spring Meeting, May 1984, Cincinnati, Ohio.

(25) K.V. Wong, "Field Validation of USGS Two-Dimensional Model and ORNL Model, FEWA", Proc. IASTED Applied Identification, Modelling and Simulation Conference, New Orleans, Nov. 1984.

(26) K.V. Wong, "Predictive Application of the ORNL Geohydrology Model, FEWA", EOS Transactions, American Geophysical Union Fall Meeting, Dec. 1984, San Francisco, CA.

(27) K.V. Wong,"Measurement of the Effective Thermal Diffusivity of a Water-Soil Porous Medium System," Proceedings of International Symposium-Workshop on Particulate and Multi-Phase Processes, April 1985, Miami Beach, Florida.

(28) G. Yeh and K.V. Wong, "Development and Application of Two Finite Element Groundwater Flow/Transport Models FEMA," Proc. Seventh Annual DOE LLWMP Meeting, Las Vegas, Sep. 1985.

(29) K.V. Wong, "Water Quality Tests Knowledge Base," EOS Trans, American Geophysical Union Meeting, 12/86, San Francisco, CA.


11

(30) K.V. Wong and G. Wilcox, "Knowledge Base of Nusselt Number Correlations," Proc. 4th Miami Int. Symposium on Multi-Phase Transport and Particulate Phenomena, Dec. 1986.

(31) G. Yeh and K.V. Wong, "Simulation of Groundwater Flow and Contaminant Transport with FEWA (Finite Element Model of Water Flow through Aquifers) and FEMA (Finite Element Model of Material Transport through Aquifers)," Proc. Intl. Groundwater Conference, Kuala Lumpur, Malaysia, June 1987.

(32) K.V. Wong, "Toxic Metal Identification Knowledge Base," EOS Trans American Geophysical Union Meeting, 12/87, San Francisco.

(33) K.V. Wong and G. Gill "Search Strategy for the Zone of Influence," EOS Trans, American Geophysical Union Fall Meeting, l2/88, San Francisco, CA.

(34) K.V. Wong, "Real-Time Energy Management System," Proc. IASTED Int. Cnf. Expert Systems, June l989, Zurich, Switzerland.

(35) K.V. Wong, "The Role of Fluid Mechanics in Groundwater Management", Invited Paper, Proc. ASME Annual Meeting, San Francisco, December 1989.

(36) C. Yang and K.V. Wong, "Novel Ocean Wave Generating Systems," Proc. 9th Miami International Congress on Energy and Environment, Dec. l989, Miami Beach, Florida.

(37) A. Rashid and K.V. Wong, "A Neural Network Approach to the Determination of Aquifer Parameters by the Type-Curve Matching Methods," Proc. FLAIRS Conf, April 1990, Cocoa Beach, Florida.

(38) S. Raju and K.V. Wong, "A Neural Network Based Solution for Partial Differential Equations," Proc. FLAIRS Conf., April 1990, Cocoa Beach, Florida.

(39) A. Rashid and K.V. Wong, "Computer-Aided Modelling at Two-Dimensional, Saturated Ground-Water System," EOS Transactions, Am. Geophysical Union Meeting, Dec. 1990, San Francisco, CA.

(40) K.V. Wong, "Waste-to-Energy Conversion and Special Wastes: Problems and Issues," Proceedings FCSHWM Waste-to-Energy Workshop, Tallahassee, FL, May 1991.

(41) K.V. Wong, "Quality Decisions Regarding a WTE Facility," Proc. FCSHWM WTE Workshop, Tall., May 1991.

(42) K.V. Wong and Z. Niu, "Optimization at Different Loads by Minimization of Irreversibilities," Proc. ASME Winter Annual Meeting, Atlanta, GA, 1991.

(43) A. Rashid and K.V. Wong, "The Role of Diffusion in the Migration of Con-taminants in Porous Media via an Expert System," EOS Trans., Am. Geophysical Union Meeting, 12/91, San Francisco, CA.

(44) F. Ferrano and K.V. Wong, "Optimum System Operation of Packed-Tower Aeration for the Treatment of Contaminated Groundwater Using a Neural Network," Proc. FLAIRS Conf., April 1992, Ft. Lauderdale, Florida, U.S.A.

(45) K.V. Wong, "Optimization of an Air Stripper Using a Neural Network," Proc. Second WPCF Asia/Pacific Rim Conference on Water Pollution Control, Yokohama, Japan, June 25-27, 1992.

(46) K.V. Wong and T. Ponce, "Mechanical Methods for Responding to Oil Spills in Water," Proc. ASME Eco World '92, Washington D.C., June 14-17, 1992.

(47) K.V. Wong and K. Yao, "Rankine Cycle Analysis Using Neural Network," Proc. ASME WAM 1992, Anaheim, California.

(48) Z. Niu and K.V. Wong, "Adaptive Simulation of Boiler Performance," Proc. ASME WAM 1992, Anaheim, California.

(49) A.Rashid and K.V.Wong, "Simultaneous Effects of Crossflow and Viscous Shear in Boundary-Layer Flow Along Permeable Fracture Wall on Fracture Flow and Permeability," EOS Transactions, American Geophysical Union Meeting, 12/92,


12

San Francisco, CA. (50) K.V. Wong, "Groundwater Contamination," Invited Keynote Speech, Proc. Flow

in Florida, Wakulla Springs, Florida, 26-27 March 1993. (51) S. Sengupta and K.V. Wong, "A Neural Network approach to Learn the Comfort

Equation, " Proc. FLAIRS Conf., April 1993, Ft. Lauderdale, Florida. (52) K.V.Wong, R. Narasimhan, R. Kashyap, J. Fu, "Hospital Waste Management in

Florida," Proc. FCSHWM 1st Annual Solid Waste Research Symposium, Orlando, Florida, 25 May, 1993.

(53) E. Jorigne, K.V.Wong, "Oil Spill Preparedness in the Mediterranean Sea," Proc. 16th AMOP Tech Sem, Calgary, Canada, 7-9 June, 1993.

(54) F. Arnan and K.V.Wong, "Oil Spill Preparedness in Indonesia and the Surrounding Seas," Proc. 16th AMOP Technical Seminar, Calgary, Canada, 7-9 June 1993.

(55) S. Sengupta, S. Sherif and K.V. Wong, "Measurements of the Frost Formation and Heat Transfer on Cylinders in Humid Air Cross Flow," Proc. CLIMA 2000, London, England, Nov. 1993.

(56) J. Fu, K.V. Wong, R. Narasimhan, R. Kashyap, "Energy Analysis of the Recycling Process as compared to the Incineration Process," Proc. ASME WAM '93, New Orleans,LA.

(57) A.Rashid and K.V.Wong,"Three-Dimensional Flow along the Interface of a Porous Medium of Low Porosity: An Investigation of Boundary-Layer Flow along Permeable Fracture Wall," EOS Trans, AGU, Dec 1993, San Francisco.

(58) K.V.Wong and R.Kashyap, "Estimating the Burn Rate from the Boom Configuration," Proc. 17th AMOP Technical Seminar, Vancouver, Canada, 8-10 June, 1994.

(59) K. Yao and K.V.Wong, "Boiler Combustion Performance Comparing Different Fuels," Proc. ASME WAM '94, Chicago, IL. (60) A. Rashid and K.V.Wong, "Experimental Investigation of Boundary-Layer Flow

Along the Surface of a Porous-Medium Model," EOS Trans, AGU, Dec 1994, San Francisco.

(61) S. Sengupta, S. Sherif and K.V. Wong, "Correlation Formulas for the Frost Thickness and Heat Transfer Coefficient on a Cylinder in Humid Air Cross Flow," Proc. National Heat Transfer Conference, Portland, Oregon, 1995.

(62) K.V.Wong and D. Guerrero, "Protection of Natural Resources against Oil Spills by Boom Arrangement," Proc. Int. Oil Spill Conf, Long Beach, Feb. 1995.

(63) A. Rashid and K.V.Wong, "Fully-developed Flow in a Rectangular Channel of Finite Aspect Ratio with One Wall Bounded by a Saturated Porous Medium," Proc. Int. Cnf. Energy and Environment, Shanghai, China, May 1995.

(64) T. Zhou and K.V.Wong, "Vapor Concentration of Benzene in the Atmosphere incurred by an Oil Spill," Proc. Second Int. Oil

Spill R & D Forum, London, U.K., May 1995. (65) K.V.Wong and D. Guerrero, "Quantitative Analysis of Shore-line Protection by

Boom Arrangements," Proc. Second Int. Oil Spill R & D Forum, London, U.K., May 1995.

(66) C. Douligeris, C. Ip, J.D. Englehardt, E. Iakovou, K.V. Wong and C. Mooers, "NMOTSM: A National Marine Oil Transportation Model," Proc. 2nd Int. Oil Spill R & D Forum, London, U.K., May 1995.

(67) K.V.Wong and M. Witmer, "Flow Around an Oil Boom System," Proc. Eighteenth Arctic and Marine Oilspill Program Technical Seminar, Edmonton, Canada, June 14-16, 1995.

(68) S. Yeh and K.V.Wong, "HVAC Pipe/Duct Sizing Using Artificial Neural Networks," Proc. 30th Intersociety Energy Conversion Engr. Cnf., Orlando,


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Florida, July 31-Aug 4, 1995. (69) K.V.Wong and A. Rashid, "Development of Hydrodynamic Flow in a Coupled

Channel-Porous Cavity," EOS Trans, AGU, Dec 1995, San Francisco. (70) J. Fu, K.V.Wong, R. Narasimhan, R.Kashyap, "Mass, Energy Balance and Flue

Gas Generation from a Medical Waste Incinerator," Proc. ASME Int. Mech. Eng. Congress and Exp '95, San Francisco.

(71) K.V. Wong and A. Wolek, "Application of Flow Visualization to the Development of an Innovative Boom System," Proc. Nineteenth Arctic and Marine Oilspill Program Technical Seminar, Calgary, Canada, June 12-14, 1996.

(72) K.V. Wong, H. Solo-Gabriele and G. He, "Infiltration Rates through Synthetic Caps and Side Slopes at Landfills," FCSHWM Fourth Annual Research Symp., Tampa, Oct. 3, 1996.

(73) K.V. Wong and A. Rashid, "Measurements using Particle Image Velocimetry of Velocities across the Fluid-Porous Medium Interface," EOS Trans, AGU, Dec 1996, San Francisco.

(74) K.V. Wong, "The Dynamics of Change in a Country, with a Perspective from Thermodynamics," Proc. Sixth Int. Conf. Productivity & Quality Research, Houston, TX, March 1997.

(75) T. Zhou and K.V. Wong, "Modeling Airborne Levels of Some Volatile Components in Oil Spills," Proc. Int. Oil Spill Conference, Ft. Lauderdale, April 1997.

(76) K.V.Wong, G. Generalis, L. Hernandez, J. Padin and N. Paradiso, "Relative Values of Damage Assessed for the Gulf of Mexico, the Atlantic Coast and the Pacific Coast, for Sample Hazardous Materials," Proc. 14th Tech Sem Chem Spills, Vancouver, Canada, June 9-10, 1997.

(77) K.V.Wong and L. Hernandez, "Improved Method of Oil Collection in Rivers and Channels," Proc. 19th AMOP Tech Sem, Vancouver, Canada, June 11-13, 1997.

(78) S. Lu, K.V.Wong and L. Stoff, "Optimization of a Cooling Tower with Ozonation based on Exergy," Proc. ASME Int. Engineering Congress and Exposition '97, Dallas, Texas.

(79) K.V. Wong, "The Adjustment Periods of Immigrants as Predictable from Energy Sciences," Proc. 7th Int. Cnf. Management of Tech., Feb. 1998, Orlando, Fl.

(80) K.V.Wong, M.Witmer, B.Crowder, S.Y.Han, D.P.Serretti, “Design Improvements to Waste-to-Energy Plants Using Exergetic Analysis as a Project for the Second Course of Thermodynamics,” Proc. ASME Int. Eng Congress and Exposition, Nov. ‘98, Anaheim, CA.

(81) K.V. Wong and I. Kusijanovic, “Oil Spill Recovery Methods for Inlets, Rivers and Canals,” Int Oil Spill Conference, Seattle, Washington, March 1999. (82) K.V.Wong and L. Hernandez, “Arrangements of Collection Devices to Better Gather Spilled Oil,” 20th AMOP Tech. Seminar, Calgary, Canada, June 1999, poster session.

(83) J. Fang and K.V. Wong, “Instability Study of Oil Slicks Contained by a Single Boom,” Prc 21st AMOP Tech Smr, Vancouver, Canada, 6/2000.

(84) J. Fang and K.V.Wong, “Optimization of an Oil Boom Arrangement,” Proc. 17th Biennial Int. Conf. On Oil Spills, Tampa, FL, March 2001.

(85) G. Milian, C. Wilson and K.V. Wong, “Industrial Cleaning Products: Detrimental to Employees?” Proc. IAMOT 2002, Miami Beach, FL, U.S.A., March 2002. (86) K.V. Wong, E.Barin and J. Lane, “Field Experiments at the Ohmsett Facility for a Newly Designed Boom System,” Proc. 25th AMOP


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Tech. Seminar, Calgary, Canada, June 2002. (87) K.Sopian, E.Adam, M.S.Abdullah and K.V.Wong, “Heat Transfer and Pressure

Drop Correlations for Double-Pass Solar Collector with and without Porous Media,” Proc. ASME IMECE 2002, Nov. 2002, New Orleans, La.

(88) J. Malo-Malina, K.V.Wong and A. Brankovic, “Innovative Nozzle Design for Film Cooling System to Maximize Turbine Efficiency,” Proc. ASME IMECE 2002, Nov. 2002, New Orleans, La. (89) C. Barufaldi, Jon Kepko and K.V.Wong, “ Air Pollution Caused by Scented Candles,” Proc. IMECE 2002, Nov.2002, New Orleans, La. (90) K.V.Wong and M. Budair, " Proposed Oil Recovery Wall System for Kuwait's Oil

Fields," Proc 26th AMOP, Victoria,Canada,June 03. (91) F.J.Malo-Molina and K.V.Wong, “Analysis of Fuel Sloshing under Micro-Gravity

yields New Cryogenic Baffled Tank Design,” Proc. Microgravity Transport Proc. in Fluid, Thermal, Biological and Materials Sciences, Davos, Switzerland, Sep.14-19, 2003.

(92) K.V.Wong, M. Miller and A. Boccabella, " Inclined Boom System with Hydrofoil for Waters with Waves," Proc 28th AMOP, Calgary,Canada, June 05.

(93) K.V.Wong and T. Kurma, “Transport Properties of Alumina Nanofluids.” awarded ASME 2006 Best Paper Award, Proc. IMECE 2006, Nov. 2006,

Chicago, IL. (94) K.V.Wong, B. Bonn, S. Vu and S. Samedi, “Study of Nanofluid Natural

Convection Phenomena in Rectangular Enclosures,” Proc. IMECE 2007, Nov. 2007, Seattle, WA.

(95) K.V. Wong, D. Valdez, J. Goad and J. Losada, “An Alternative Field Test for Spot Air Conditioning Units,” Proc. IMECE 2007, Nov. 2007, Seattle, WA. (96) K.V. Wong and P. Garcia, “Introduction of Nanotechnology in the Basic Energy Sciences,” Proc.IMECE 2007, Nov. 2007, Seattle, WA. (97) K.V. Wong and T. Kuhn, “A Comparative Analysis of the Economic Viability of STEM and Other Fields of Study, “ Proc. IMECE 2007, Nov. 2007, Seattle,

WA. (98) K.V.Wong and Ian Gillis, “Transportation Energy Policy with a Focus on

Biofuels,” Proceedings of the 5th WSEAS Int. Conf. on Heat and Mass Transfer, Acapulco, Mexico, Jan. 2008, pp.188-201.

(99) K.V.Wong, W. Hagen and B.D. Do, “Math and Science Education Comparisons between the United States and the Rest of the World,” Proc. IMECE 2008, Boston, MA.

(100) K.V.Wong, M. Castillo, “Survey and Analysis of Heat Transfer Mechanisms in Nanofluid Systems, including Clustering,” Proc. IMECE 2008, Boston, MA.

(101) K.V. Wong, H. Samarajeewa, B. Itier, “Lessons Learned from the Use of the Laser Doppler Velocimeter and the Particle Image Velocimeter for Water Flow bounded by a Layer of Oil,” Proc. IMECE 2009, Orlando, FL, USA.

(102) K.V. Wong, N. Pirella, “Comparison of green house gases emitted by electrical and gasoline cars, taking into consideration Performance” Proc. IMECE 2009, Orlando, FL, USA.

(103) K.V. Wong and M. Krell, “Transient Conduction Heat Transfer in a Cancerous Tumour”, Photo Gallery Poster, ASME IMECE 2009, Orlando, Fl, USA.

(104) K.V. Wong, “The Second Law of Thermodynamics and Heat Release to the Global Environment by Human Activities.” IMECE2010-38201. Proc. IMECE 2010, Vancouver, BC, CA.

(105) K.V. Wong , J. Plackemeier, “Policies for Effective Trading Scheme to Reduce Carbon Dioxide Emissions,” IMECE2010-39723. Proc. IMECE 2010, Vancouver, BC, CA.

(106) K.V.Wong, G. Amador, “Power Generation for the Near Future.” IMECE2010-37714. Proc. IMECE 2010, Vancouver, BC, Canada.


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(107) K.V.Wong, T. Hutley and E.Salgado, “Offshore Wind Power and its Potential for Development in the West Wind Drift.” IMECE2010-39825. Proc. IMECE 2010, Vancouver, BC, CA.

(108) K.V. Wong, N. Perilla, A. Paddon, “Nano Science and Technology in Solar Cells,” Proc. IMECE 2011, Denver, CO, USA.

(109) K.V. Wong, A. Paddon, A. Jimenez, “Heat Island Effect Aggravates Mortality due to Heat.” IMECE2011-62785. Proc. IMECE 2011, Denver, CO, USA.

(110) K.V. Wong, “The iCritical Thinking Certification Tests for Assessment of University Students,” Proc. IMECE 2011, Denver, CO, USA.

(111) KV Wong, S. Chaudhry, "Use of Satellite Images for Observational and Quantitative Analysis of Urban Heat Islands around the World.” IMECE2012-93029. Proc. IMECE 2012, Houston, TX, USA.

(112) KV Wong, Y. Dai, B. Paul, “Anthropogenic Heat Release Into the Environment”, IMECE2012-89465. Proc. IMECE 2012, Houston, TX, USA.

(113) KV Wong, J Johnston, “Cooling Systems for Power Plants in an Energy Water Nexus Era.” IMECE2013-64920. Proc. IMECE 2013, San Diego, CA, USA.

(114) KV Wong, B Batchelior, “(A Review) Carbon Nanotubes used for Renewable Energy Applications and Environmental Protection/Remediation.” IMECE2013-63523. Proc. IMECE 2013,San Diego, CA, USA.

(115) KV Wong, S Chaudhry, “Climate Change Aggravates the Energy-Water-Food Nexus,” IMECE2014-36502. Proc. IMECE 2014, Montreal, Canada.

(116) KV Wong, N Tan, “Feasibility of Using More Geothermal Energy to Generate Electricity,” IMECE2014-36751. Proc. IMECE 2014, Montreal, Canada.

18 . Other Works Accepted for Publication: (1) K.V. Wong and A. Dybbs, "An Experimental Study of Thermal Equilibrium in

Liquid Saturated Porous Media", School of Engineering, Case Western Reserve U., FTAS/TR-75-109.

(2) K.V. Wong A. Dybbs, "Heat Transfer Characteristics of Porous Media", School of Engineering, Case Western Reserve University, FTAS/TR-76.

(3) S. Sengupta, S.Farooq, H.Gerrish, K.V. Wong and E.L. Daly, Jr., "Characterization and Environmental Studies of Pompano Beach Anaerobic Digestion Facility", Mech. Engineering Dept., University of Miami, Coral Gables, Florida, Mid-term Report, May l979, DOE Contract # EV-78-S-05-6072.

(4) S. Sengupta, S. Farooq, H. Gerrish, K.V. Wong, E.L. Daly, Jr., S. Greer and C. Chriswell, "Characterization and Environmental Studies of Pompano Beach Anaerobic Digestion Facility", Mech. Engineering Dept., U Miami, Coral Gables, FL, Annual Report, Aug. 1979, DOE Contract # EV- 78-S-05-6072.

(5) S. Sengupta, S. Farooq, H. Gerrish, K.V. Wong, E.L. Daly,Jr., "Characterization and Environmental Studies of Pompano Beach Anaerobic Digestion Facility", 4/80, DOE Cntr# EV-78-S-05-10133.

(6) S.Sengupta,S.Farooq,H.Gerrish,K.V.Wong,E.L.Daly,"Characterization and Environmental Studies of Pompano Beach Anaerobic Digestion Facility", 4/80, DOE # EV-78-S-05-10133.

(7) S. Sengupta, S. Farooq, H. Gerrish, K.V. Wong, E.L. Daly,Jr., N. Nemerow, "Characterization and Environmental Studies of Pompano Beach Anaerobic Digestion Facility", Mech. Engineering Dept., University of Miami, Coral Gables, Florida, Annual Report,. Aug. l980, DOE Contract # EV-78-S-05-10133.

(8) S. Sengupta, K.V. Wong, H. Gerrish, N. Nemerow, E.L. Daly, Jr., "Characterization and Environmental Studies of Pompano Beach Anaerobic Digestion Facility", Feb. 1981, DOE Contract # DE-AS05-78-EV-10133.

(9) S. Sengupta, K.V. Wong, H. Gerrish, N. Nemerow, E.L. Daly, Jr.,


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"Characterization & Env. Studies of Pompano Beach Anaerobic Digestion Facility",Aug’81,DOE Cntrt # DE-AS05-78-EV-10133.

(10) S. Sengupta, K.V. Wong, H. Gerrish, N. Nemerow, S. Voorhees, "Characterization & Environmental Studies of Pompano Beach Anaerobic Digestion Facility", 4/82, DOE# DE-AS05-78-EV-10133.

(11) S. Sengupta, K.V. Wong, N. Nemerow, M. Strietfeld, A. Tilles, R. Narasimhan, S. Muthuswamy,"Characterization and Environmental Studies on Anaerobic Digestion of Solid Wastes", August 1982, DOE Contract # DE-AS05-78-EV-10133.

(12) S. Sengupta, K.V. Wong, N. Nemerow, M. Strietfeld, R. Narasimhan, A. Tilles, "Characterization and Environmental Studies on Anaerobic Digestion of Municipal Solid Wastes: Pompano Beach Plant", Final Rep, 1983, DOE Contract # DE-AS05-78-EV-10133.

(13) K.V. Wong, G.T. Yeh, "Application of the Finite Element Groundwater Model FEWA to Three Regional Aquifers", March 1985, ORNL/CF-85/54.

(14) K.V. Wong, "Conversion of HELMS into an Intelligent Tactical Tool", Aug. 1986, Env. Lab.,Waterways Exp Stn, Vicksburg, MS.

(15) K.V.Wong, R.Narasimhan, R.Kashyap, J.Fu, "Hospital Waste Management in Florida", 1st Annual Rep, Apr 1993, FCSHWM.

(16) K.V.Wong, R.Narasimhan, R.Kashyap, J.Fu, "Hospital Waste Management in Florida", Final Annual Rep, June 94,FCSHWM.

(17) K.V.Wong, H. S.-Gabriele, G. He, "Infiltration Rates through Syn-thetic Caps and Side Slopes at Landfills", Final Rep., 4/97, FCSHWM.

(18) K.V.Wong, J. Fang, E. Barin, “ Field Experiments at the Ohmsett Facility, for a Newly Designed Boom System”, Final Rep., Jan 2001, MMS 199PO16195.

PROFESSIONAL 19a. Funded Research Performed: 1979-83 Co-Principal Investigator,Dept. of Energy (DOE),

Characterization and Environmental Studies on Anaerobic Digestion of Municipal Solid Wastes: Pompano Beach Plant", (S. Sengupta P.I. of $720,000 for 6 years.)

1980-81 Conference Co-Chairman, DOE, U.S. Environmental Protection

Agency (USEPA), "Resource Recovery Conference", $45,000. 1983-84 Conference C0-Chairman, DOE, USEPA,

"Municipal,Hazardous and Coal Waste Management", $25,000. 1984-85 Principal Investigator, Oak Ridge National Laboratory (ORNL),

"Field Validation of the ORNL hydrogeological model, FEWA ", $16,000.

1985 Summer sabbatical at Oak Ridge Nat. Lab. 1985-86 Principal Investigator,(P.I.), ORNL, "Field Validation of the

ORNL Contaminent Transport Model, FEMA", $22,516. 1986 Summer sabbatical at Waterways Exp. St., $12,000 1987 Sun Microsystems equipment donation, $55,000.


17

1988 P.I., Inference Corp. award, $10,000. 1988 P.I., Business Computer Solutions Inc. award, $8,300. 1988 P.I., Real Time Systems Inc. award, $11,000. 1988-89 P.I., U.S. Geological Survey, "Search Strategy for the Zone of

Influence", $19,800. 1989 P.I., Inference Corporation award, $8,000. 1989 P.I., Fl Power & Light, "Quality and Engineering Economy", $12,000. 1989-90 P.I., Fl Power & Light, "Second Law Analysis for Power Plants",$16,200. 1991 Conference Chairman, FL Center Solid Haz. Wastes Mng., "Waste-to- Energy Workshop",

$5,000. 1992-94 P.I., FL Center Solid Haz. Wastes Mng., "Hospital Waste Management", $209,275, approx. $105,000 a year. 1993 Co-P.I.,Florida Power & Light, "Large Scale Demonstration of Electron Beam Sterilization

of Infectious Hospital Waste", $20,000. 1993-94 Co-P.I., U.S. Coast Guard, "Coastline Protection from Oil Spills", $17,135. 1993 P.I., FL Dept. of Env. Regulation, "Program Manager, Oil Spill Research", $50,000. 1994-1995 P.I., Peace Fellowship Program, $10,000. 1994-95 Co-P.I., U.S.C.G., "National Oil Transportation System", $200,000. 1995 P.I., Alumni donation for lab equipment, computer, etc., $1,100. 1995-96 P.I., Florida Power & Light Co., "Cooling Tower Water Treatment Technologies", $16,950. 1996-97 P.I., FL Center Solid Haz. Wastes Mng.,"Infiltration Rates through Synthetic Caps and Side Slopes at Landfills", $22,000. 1999-2001 P.I., U.S.Minerals Management Services, “Field Experiments at the Ohmsett Facility”, $85,883.

2001 P.I., Instructional Advancement Grant, $5000. 2001-2002 P.I., Flow Parametrics, $6600. 2003-2004 P.I., Instructional Advancement Grant, $2400. 2006-2007 Tablet P.C. Fellowship, $2500.


18

2009-2010 P.I., U.Miami FLC, $1500.

19b. Invited Talks: "Comparison of EP, ASTM-A and ASTM-B Extraction Procedures in Waste", Joint USA - Taiwan EPA

Conference, New York, Nov. 1982. "The Role of Fluid Mechanics in Groundwater Management", ASME Winter Annual Meeting, San Francisco,

Dec. 1989. "Groundwater Contamination in Florida", Flow in Florida: A Symposium on Fluid Dynamics in Environmental

Problems of Florida, Wakulla Springs, FL, March'93. "The Newfoundland Burn Experiment", C.O.E. Sem. Ser., U. Miami, Oct 1993. "Natural Resources of Malaysia and Sustainable Development", Southeastern U.S.A. Conference for

Malaysian Students, University of Miami, June 1994. "Characterization of Medical Waste", 2nd Annual Environmental Essentials for the '90s Workshop,

Miami, Florida, April 1995. "Flow in Porous Media", Xian Jiaotong University, Xian, China, May 1995. "Flow in Porous Media", Beijing Tsinghua University, Beijing, China, May 1995. "Municipal Solid Waste Incineration", World Renewable Energy Congress 1999, Kuala Lumpur,

Malaysia, 8-11 June, 1999. “Changeover to Computerized Thermodynamic Tables in an Academic Setting”, University

Kebangsaan, Bangi, Malaysia, July 2001. “Innovative Oil Spill Equipment Research”, University of Vermont, Burlington, Oct. 2004. “Short Course – Research, Accreditation, Education”, Universidad Guanajuato, Salamanca, Mexico,

Oct. 2004. “Second Law of Thermodynamics and Exergy”, Institution of Engineers, Malaysia, 2-Day

Professional Continuing Education Course, July 2009. “Energy Productivity”, ASME Regional Conference, Coral Gables, FL, 2010. 20. Professional and Honorary Organizations: Life Fellow of ASME Life Associate Fellow of AIAA Life Member of American Geophysical Union Life Member of Water Pollution Control Federation Member of the ASEE Member of Sigma Xi Member of Pi Tau Sigma Member of Tau Beta Pi Member of Omicron Delta Kappa Member of FLAIRS Member of Air & Waste Management Association 21. Honors and Awards: (a1) 2016 Engineers’ Council Distinguished Engineering Educator (a2) 2015 ASME Dixy Lee Ray Award (a) 2006 ASME Best Paper Award (b) 1990 Third Runner-Up for Canham Award,WEF. (c) 1990 ASME Curriculum Innovation Honorable Mention Award. (d) 2007 – Advisor of ASME Design Team Regional Winners


19

(e) 1997- Outstanding Service Award from Grad. School (f) 1997- Mentor of graduate student, G.He, who won the 1997 Florida Environmental Exposition student paper competition. (g) 1993-2014 Nominator for the National Collegiate Engineering Awards. (h) 1983 Elected Honorary Member of Pi Tau Sigma. (i) 1970-1973 National Electricity Board Scholarship, University of Malaya, Malaysia. (j) 1983 – Present: Marquis Who's Who in North America. (k) 1983 – Present: Marquis Who's Who in the World. II. (a) 2009 Best Photo of Lowe Art Museum Competition (b) 2008 Best Photo of Center for Latin American Studies Annual Photography Competition, University of Miami. (c) 2003 Placed Photo of NY Institute of Photography international competition. (d) 2002 Placed Photo of NY Institute of Photography international competition. EDITORSHIP in JOURNALS and BOARD MEMBERSHIP (1) 2010-2016: Associate Editor, ASME Journal of Energy Resources Technology. (2) 2013-present: Co-Editor-in-Chief, J. Renewable Bioresources (3) 2014-present: Editorial Board Member, J. Surface Modeling & Additive Manufacturing. (4) 2014-present: Co-Editor-in-Chief, J. of Modern Mechanical Engineering and Technology (5) 2015-2016: Editor-in-Chief, Advanced Sustainable Engineering Journal (6) 2015-present: Editorial Board Member, Research & Review, J. Ecology and Environment Sciences (7) 2016-present: Editorial Board Member, J. of Basic and App. Research International, International Knowledge Press (8) 2016-present: Editorial Board Member, J. Epidemiology and Public Health Reviews, Sci Forschen publishers. (9) 2016-present: Editorial Board Member, The Scientific Pages of Aerospace Engineering and Mechanics (10) 2016-present: Editorial Board Member, The Scientific Pages of Metallurgical and Material Engineering (11) 2016-present: Editorial Board Member, Austin Journal of Nanomedicine & Nanotechnology (12) 2016-present: Editorial Board Member, Global Journal of Immunology and Allergic Diseases, Synchro Publishers. (13) 2017-present: Editorial Board Member, J. Health Informatics and Management, SciTechnol Publishers. (14) 2017-present: Editorial Board Member of J. Clinical Medicine and Therapeutics, iMedpub. TEACHING 24. Teaching Awards Received: (a) 1990 received ASME Curriculum Innovation Honorable Mention Award - International Competition. (b) Received the 1995 Graduate Mentor Award for Excellence in Research and Creativity. (c) 2007 – Advisor of ASME Design Team Regional Winners


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25. University Committee and Administrative Responsibilities:

(a) Member of the College of Engineering Ethics Board (1982 to 1986). (d) Member of the College of Engineering Scholastic Standards and Advising

Committee (1985 to 1992, 2009). (c) Member of the College of Engineering Computer Facility Planning Advisory

Committee (1986 to 1993). (d) Chairman of the Mechanical Engineering Department Research Committee (1986

to 1995). (e) Member of the Mechanical Engineering Department Graduate Admissions

Committee (l986 to present). (f) Member of the Mechanical Engineering Department Laboratory Committee,

Graduate Studies Committee (l986 to present). (g) Member of the College of Engineering Honor Council (‘87 to ‘93). (h) Board Member, Ocean Pollution Res. Center, U. Miami (‘92-94). (i) Chairman of the Mechanical Engineering Department Scholarship Fund (1988 to

1994). (j) Member of the College of Eng Scholarship Comm. (1990 to 2001). (k) Chairman, COE comm. on Faculty-Admin. Relationship (1996/97). (l) Graduate Councilor for the College of Engineering (1991 to 1997). (m) Engineering Rep. to University Fellowship committee(1998 to 1999).

(n) Chairman, ABET Engineering Criteria 2000 for Mechanical Engineering Department (1999 to 2001 ). (o) Advisor for UM’s First NASA Anti-g Flight Team (2001). (p) College Councilor for the College of Engineering (1996-1999-2012-2015).

(q) Member of the COE strategic planning committee (1995 to 2004). (r) Member of the standing Faculty Senate Committee on Rank, Compensation

and Conditions of Service (2001 to 2005). (s) Member of the COE faculty sabbatical leave committee (2005-2014).

(t) Member of the standing Faculty Senate Committee on Student Affairs (2006 to 2010).

(u) Member of the Faculty Senate Professional Conduct Com.(2008-10). (v) Member of the Faculty Senate Hearing Committee (2008-2011). (w) Faculty Senator (2011-2014).

26. Community Activities:

(a) Faculty Adviser to the Malaysian Student Association of the University of Miami

(1980 to 2001). (b) Faculty Adviser to the U.M. Badminton Association (1981 to 1986). (c) Board of Directors and Hon. Treasurer of Castle Luxury Condo, Inc., Miami,

1981/82. (d) President,Board of Directors,Castle Luxury Condo, Miami, 1982/83. (e) Board member for the Brownell Award (‘85, ‘89, ‘92, ‘96, ‘97). (f) Scientist for Miami High School Lab Orientation Prog. (1980-93). (g) Instructor for the Engineer-In-Training examination (1983 to 1996, 1998-1999). (h) Scientist for the Miami-Dade High School Internship Program (1980-2000). (i) Faculty Adviser to Pi Tau Sigma (1987 to 2014).

(j) Asst. Vice-Chair (Administration) of the Systems Analysis technical committee, Advanced Energy Division, ASME, (1999 - 2000); Vice-Chair (Admin.) of same comm., Adv. Energy Div., ASME (2000-2002); Chair same comm., Adv. Energy


21

Div., ASME (2002-2003). (k) Exec. Comm. Member of Advanced Energy Systems Division (AESD), ASME

(2004-2011); Secretary-Treasurer of AESD, ASME (2007-2008); Vice-Chairman of AESD, ASME (2008-2009), Chairman of AESD, ASME (2009-2010), Past Chairman of AESD (2010-2011).

(l) Member of the ASME Energy Conversion Group Board (2010-11). (m) Member of the ASME Technical Communities Operating Board Committee on

Administration and Finance (2011-12.) (n) ABET mechanical engineering evaluator (2000 to 2003). (o) Member of the ASME Energy Committee (2009-14). (p) Chairman of the Edward F. Obert Award Comm., ASME (2010-15). (q) Instructor for the M.E. Professional Engineer’s examination (2010). (r) Vice-Chairman of the ASME Technical Communities Operating Board Committee on Honors and Awards (2011-12).

(s) Executive Member of ASME Energy Conversion Group (2012-14). (t) Chairman of the Globalization Medal Committee (2011-2016).

(u) Assoc. Editor for ASME Journal of Energy Resources Technology (2010-2016). (v) Committee Member of the ASME Calvin Rice Award (for Distinguished Speaker) (2011-2017). (w) Vice-Chairman of the ASME Technical Communities Operating Board Committee on Administration and Finance (2011-12).

(x) Chairman of the ASME TCOB Honors Committee (2012-2014). (xi) Deputy Group Leader, ASME Energy Conversion Group (2012-14).

(xii) AIAA UN COPUOS (Committee On Peaceful Uses of Outer Space) Working Group member (2016-present). (xiii) ASME Committee on Energy-Water Nexus. (xiv) Associate Editor, ASME Journal of Energy Resources Technology (2010-16). (xv) Reviewer of ASME journals. (2010-present).


CONFIDENTIAL

1 IN THE UNITED STATES DISTRICT COURT

2 SOUTHERN DISTRICT OF FLORIDA

3 - - -

4 ANDREA ROSSI AND :

LEONARDO CORPORATION, :

5 :

Plaintiffs, :

6 :

vs. : Case No.

7 : 1:16-CV-21199-CMA

THOMAS DARDEN, ET AL., :

8 :

Defendants. :

9

10 - - -

11 CONFIDENTIAL VIDEOTAPED DEPOSITION OF

12 RICK A. SMITH, P.E.

13 - - -

14

February 27, 2017

15 8:51 a.m.

VERITEXT LEGAL COURT REPORTING

16 41 South High Street

Suite 210

17 Columbus, OH 43215

18

19 - - -

20 Reported by: Tracy J. Schell

21 - - -

22

23

24

25

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CONFIDENTIAL

1 very beginning?

2 A. Yes, sir.

3 Q. Did you ultimately receive a degree from

4 Purdue?

5 A. I did.

6 Q. What degree was that?

7 A. BSME, Bachelor's of Science in mechanical

8 engineering.

9 Q. Was there any area of specialization, or was

10 that a general degree?

11 A. It was a general mechanical degree.

12 Q. Okay. As part of your coursework at Purdue,

13 did you take any courses in thermodynamics?

14 A. I did.

15 Q. Okay. And what courses did you take?

16 A. Thermody- -- basic thermodynamics, one

17 semester series.

18 Q. So just one semester worth?

19 A. Yes.

20 Q. Did you take any courses on nuclear

21 engineering?

22 A. No.

23 Q. Did you take any courses on heat transfer for

24 power plants?

25 A. Yes.

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CONFIDENTIAL

1 Q. In that degree, did you take any courses in

2 thermodynamics?

3 A. I don't believe I did.

4 Q. Okay. Any courses in nuclear engineering in

5 that degree?

6 A. No.

7 Q. Any courses in heat transfer?

8 A. I don't think so.

9 Q. What was your focus or what was the focus of

10 your coursework for your professional degree?

11 A. It was to round out my -- my education. I

12 knew that I was never going to become a professor, I

13 was going to be a working engineer. So I tried to

14 structure it to take the courses that I would like to

15 have taken when I was getting my bachelor's and didn't

16 have time. So refractories was one course, welding,

17 you know, some of the more -- some of the other courses

18 just to round out my knowledge base.

19 And then as part of that, instead of writing

20 a thesis, we had to do a project write-up for a project

21 we were doing at work, so I did -- that was kind of

22 a -- what they would consider the equivalent of a

23 thesis, we were doing a project and then writing it up.

24 Q. And what was your project?

25 A. I put in -- we put in a coal-fired boiler

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1 the money.

2 Q. Okay. So there was no further education or

3 training or testing that you had to undergo through --

4 to get your P.E. from Illinois?

5 A. No, sir.

6 Q. What about Texas?

7 A. Texas did have an ethics -- they do have an

8 ethics exam.

9 Q. An ethics exam?

10 A. Yes, sir.

11 Q. Anything relating to the actual engineering

12 work?

13 A. No. It was about engineering ethics,

14 conflict of interest, things like that.

15 Q. Okay. The Ohio 3rd class stationary exam --

16 A. Yeah, correct.

17 Q. -- what is that?

18 A. That means I can legally operate any

19 nonnuclear boiler in the State of Ohio.

20 Q. Nonnuclear boiler?

21 A. Yep.

22 Q. Is there such thing as a nuclear boiler?

23 A. I think there's a few units in Ohio, yes.

24 Q. And that's not the same as a power plant,

25 correct?

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1 that you applied in this case that are also applicable

2 to the instant case?

3 You know what, I'm sorry, let me rephrase

4 that for the record.

5 Were there any methodology or considerations

6 that you took into effect in examining this elementary

7 school boiler malfunctioning that you believe also to

8 be applicable in the instant case?

9 A. It may or it may not be. Based on the

10 documentation I've seen so far, there may be some

11 safety issues involved. As we both know, I have yet to

12 do a site inspection at the Doral facility, so, you

13 know, I do reserve the right to modify my answer based

14 on what I may or may not see later in the week.

15 Q. Have you made any safety determinations as to

16 the E-Cat or the Doral plant in this case?

17 A. Based upon -- again, based on not having

18 physically seen it, but based on what I understand

19 about the construction, I -- I have made a bit of a

20 determination, yes.

21 Q. Okay. We're going to get to that in just a

22 minute.

23 But just back to your publications real

24 quick, so neither one of your publications have been

25 peer reviewed?

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1 asking you to tell me.

2 A. Oh, sure, certainly. The first -- the first

3 law of thermodynamics is generally that energy can

4 neither be created nor destroyed, it only changes form.

5 And -- and also -- well, yeah, that's it.

6 Q. And there are many forms of energy, correct?

7 A. There are, yes, sir.

8 Q. Would you state that there are chemical,

9 electrical, mechanical, nuclear, thermal,

10 electromagnetic and so on?

11 A. And so on, correct.

12 Q. Now, on page 3 of your report, you go on to

13 discuss and state that the energy forms are all

14 interchangeable?

15 A. Theoretically, but go ahead.

16 Q. Okay. And you can convert one form of energy

17 into another?

18 A. Theoretically.

19 Q. Okay. But then you state that nuclear energy

20 is generally a one-way street?

21 A. Yes, it is.

22 Q. Why is that?

23 A. It's because -- again, I'm not a nuclear

24 engineer, understand that. But to go from, say,

25 mechanical energy to nuclear energy is typically not

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1 possible. And I cited a nuclear weapon and a nuclear

2 power plant. And usually with -- with nuclear energy,

3 it's a one-way street outbound.

4 Q. What were you told of the E-Cat process?

5 A. That it is a -- not a nuclear reaction.

6 Q. Who told you that?

7 A. I read Mr. Stokes' report in which Mr. Rossi

8 said that there's not a nuclear reaction involved.

9 Q. I'm sorry, Mr. Stokes' report?

10 A. The Florida radiological guy.

11 Q. That wasn't listed on the documents that

12 you -- that are included in your report.

13 A. I believe it's in the -- I believe portions

14 are in that 277-page response, and I'm not -- I can't

15 look, I don't have all 277 pages of the third amended

16 answer.

17 Q. Do you know what the nature of the reaction

18 underlying the E-Cat is?

19 A. I do not.

20 Q. So as far as you know, it may be nuclear?

21 MR. LOMAX: Objection to the form of the

22 question.

23 A. Again, based on Mr. Stokes' report, it does

24 not appear to be nuclear.

25 Q. Okay. But, again, you're saying based on

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1 Mr. Stokes' report.

2 What in Mr. Stokes' report indicates to you

3 that it is not nuclear?

4 A. Okay. This is the 15 February '16 report of

5 his, on the last line of item 20, Description of

6 Investigation, he uses no process that generates

7 ionizing radiation and uses no radioactive materials in

8 the construction.

9 Q. Have you ever heard the term LENR, L-E-N-R,

10 before?

11 A. I have.

12 Q. Okay. What does that stand for?

13 A. It purportedly stands for low energy nuclear

14 reaction.

15 Q. Have you done any research on that subject

16 matter?

17 A. Prior to this case, not much. I was -- I was

18 vaguely familiar with Pons and Fleischmann when it

19 happened, but I, you know, quit following it after the

20 controversy.

21 Q. What about as part of this case?

22 A. Well, it -- Mr. -- what I do understand is

23 that what Mr. Rossi is claiming kind of falls under the

24 general rubric of LENR. But I believe that LENR is now

25 a generic term as opposed to a specific term describing

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1 a specific phenomenon.

2 Q. Okay. And so other than Mr. Stokes' report

3 which states that it does not use -- or does not emit

4 ionizing radiation or use radioactive materials, do you

5 have anything other than that to base your statement

6 that it is not a nuclear reaction?

7 A. I believe that Mr. Rossi has stated that

8 maybe in one of his depositions.

9 Q. Okay. Do you, sir, have any independent

10 knowledge other than what you believe other people have

11 said?

12 A. Well, when you say "independent knowledge,"

13 help me out here because this is an official report

14 from the State of Florida, it's an official document.

15 Q. And it's somebody's interpretation. In our

16 profession, we call it hearsay. Okay.

17 So what I'm asking you is, is there anything

18 that you know that does not rely upon what somebody

19 else says?

20 A. Well, I've not -- I've not been allowed to

21 look at anything inside the facility. All right. I've

22 not had a description of what is purported to happen,

23 so I have not been allowed to get that far to make an

24 independent determination yet.

25 Q. Would that be within your field of expertise

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1 instead of being technically rigorous and -- and picky.

2 Q. Have you talked to him about that?

3 A. Never talked to him.

4 Q. Have you called him?

5 A. Never met the man.

6 Q. Don't you think it would be prudent to give

7 him a call before making an assumption as to what his

8 statements mean or don't mean?

9 MR. LOMAX: Objection to the form of the

10 question.

11 A. I hadn't really considered that, but that's

12 probably going to be on my to-do list now.

13 Q. Okay. So looking at page 14, third

14 paragraph, now, again, this section is entitled Test

15 Instrumentation, although it discusses the boiler and I

16 don't know that it necessarily addresses the

17 instruments used other than in the broad sense.

18 Is it your opinion that any of the

19 instrumentation used by Engineer Penon was somehow

20 defective or flawed?

21 A. Maybe not defective or flawed, but what I --

22 again, I've not delved into this deeply, but I believe

23 the pressure transmitter was only good to 40, 50, 60

24 degrees C, and --

25 Q. And who told you that?

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CONFIDENTIAL

1 A. I believe it was Joe Murray.

2 Q. But you have no knowledge. You didn't look

3 that up yourself, did you?

4 A. I did not independently confirm that, no.

5 Q. Okay.

6 A. And then the whole -- all the issues with the

7 water meter itself, you know, the sizing of it, the

8 slope and inclination and all those other issues

9 related to the water meter, I have not delved into

10 those in any depth yet.

11 Q. Okay. So you are not formulating at this

12 time any opinion as to those matters?

13 A. Correct, at this time, but I do reserve the

14 right to do so later on if need be.

15 Q. So am I correct in saying that your -- your

16 report states that you would have done things

17 differently, you would have had a steam flow meter?

18 A. Yes.

19 Q. You would have had temperature gauges?

20 A. Well, we do have temperature gauges, so I'll

21 agree with that.

22 Q. Okay. We do have those.

23 You would have had a manometer, is that --

24 A. Well, but a manometer is just another term

25 for a pressure gauge. A manometer measures low

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·1· ·average.· What happened was the amount of output energy

·2· ·was effectively not, I shouldn't say constant, it varied

·3· ·some, but the input energy to the system actually went

·4· ·down.· So we actually see a reduction in the input

·5· ·energy.· So this disproportion means the output energy

·6· ·was constant and the input went down and, therefore, the

·7· ·COP went up.· So if I put in less power, how could that

·8· ·happen?· It's just completely illogical.

·9· · · · Q.· · Okay.· How long, this reaction that's used on

10· ·the device -- first of all, do you have any background,

11· ·education, or work experience with LENR technologies?

12· · · · A.· · Not before I went to Industrial Heat.

13· · · · Q.· · Okay.· And any experience with nuclear

14· ·reactors prior to that?

15· · · · A.· · No.

16· · · · Q.· · Okay.· So are you familiar with nuclear

17· ·reactors?

18· · · · A.· · Yes, I am.

19· · · · Q.· · Do you feel competent to testify as to them?

20· · · · A.· · No, no.

21· · · · Q.· · Okay.

22· · · · A.· · I'm not into the full operation of a nuclear

23· ·reactor, no.

24· · · · Q.· · Now, when the reaction is started in the

25· ·E-Cat and you remove the power source, the input power,



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