EDUCATION & CERTIFICATION
- M. S. Nuclear Physics - Naval Postgraduate School
Monterey, CA, 1972
- B. S. Physics - Oregon State University
Corvallis, OR, 1971 (with honors)
- Graduate Studies in Systems Management, University of So. CA
- Registered Professional Engineer - Mechanical
CA-22192 AZ-27683 WA-41575
- Licensed Engineering Contractor (A-Haz)
California-413866 503465) (Inactive as of 2016)
- Graduate Naval Nuclear Power Program for Officers 1973
- GE Programmable Controls – Applications & Programming Course, 1998
- Completed Turbine Fuel Delivery Systems short course, ATUA, October 2002
- Factory Training - Turbec (Volvo-ABB) Microturbine Application, Installation & Service – 2003
- NFPA-85 Boiler-Burner Management Code Compliance Course, Instrument Society of Am. (ISA) – 2003
- OSHA Certified Training – Lockout/Tagout & Control of Hazardous Energy (29CFR 1910.147) – 2008
- OSHA Certified Training – OSHA 10-Hour Construction Safety (29CFR 1926) (Cert.001901774) - 2008
- NSPE Engineering Ethics & the Law: The PE as an Expert Witness online course 2009
- US Transportation Worker Identification Credential
- Private Pilot – Single Engine Land 1985 (Licensed-Inactive)
MEMBERSHIPS & COMMITTEES
- American Society of Mechanical Engineers (ASME)
- National Society of Professional Engineers (NSPE)
- Member, Society of Naval Architects & Marine Engineers (SNAME)
- Sigma Pi Sigma (National Physics Honor Society 1971);
- SNAME Committee Member for Naval Architect & Marine Engineer Professional
Registration Examination Review & Validation (2008, 2014, 2016)
- UL Code Committee Member for Standby Power Equipment (UL-2200) (1997 to 1999)
- Member, UL Standards Technical Panel STP 2200 for development of Stationary
Engine Generator Assemblies Standard Number 2200 (2003-2015)
CURRENT POSITION, RECENT ACTIVITY
& SPECIALIZED CAPABILITIES
Power plant & marine propulsion systems integration expert. Since 2005
have been working as Project Manager, Engineering Liaison & Engineer of
Record as Propulsion Systems Integrator for the $70 million propulsion
system project Propulsion Systems Integration Contract involving four large
144 car/1500 passenger commercial ferries in Puget Sound/Seattle, WA. Under
a subcontract to Valley Power Systems, Inc., the Propulsion Systems
Integration Contractor to the Washington State Department of Transportation,
Washington State Ferries (WSF). Vessels in this project include Tokitae,
Samish, Chimacum & Suquamish. This work involves management of both
technical & commercial aspects of the propulsion system contract &
extensive personal involvement in system design, design reviews, testing,
training, oversight of construction/installation of propulsion systems &
the preparation & processing of USCG Marine Safety Center & other
submittals including Qualitative Failure Analyses (QFA), Periodic Safety
Test Procedures (PSTP) & Failure Modes & Effects Analyses (FMEA).
Previously worked for main engine & engine controls related scope on
vessel Chetzemoka, Salish & Kennewick. Also have been involved with
propulsion systems work for Alaska Marine Highways vessels Testumena &
Aurora as well as for commercial processing vessels Northern Victor (Icicle
Seafoods) & Seattle Enterprise & Eastern Wind (Trident Seafoods).
Expert witness work on cases focused on power plant & marine propulsion
technical & financial performance issues, investigation of major accidents
& major machinery failures, assessment of designs & duty of care for
design, application of lockout/tag-out & related safety regulations &
work characterization for shipyard. Addition experience on litigation cases
involving industrial, shipyard & U.S. Navy personnel who have contracted
mesothelioma or other asbestos related ailments. Special experience in power
plant systems integration including mechanical, electrical & controls
systems & human aspects of operations, maintenance, training & safety.
Consultant & expert witness for technical & economic investigations,
arbitration/litigation, due diligence reviews, contract & rate disputes
involving with industrial power generation, cogeneration, standby emergency
power units, continuous duty & emergency diesel generators. Emphasis in
industrial sized cogeneration, combined cycles & waste-to-energy & other
special fuels including landfill gas, digester gas, raw field gas, refinery
off-gas, & other fuels as applied to energy recovery projects. Engines
& turbines involved in marine propulsion & stationary power projects
have included a very wide range including EMD, GE (recips & both gas &
steam turbines), Caterpillar, Cooper-Superior, ALCO, Enterprise, Mitsui,
Waukesha, Pratt & Whitney, Turbec (Volvo-ABB) Cummins, Deutz, Allison,
Solar, Yanmar, Perkins, Siemens, Mitsubishi (MHI), Fuji, Toshiba,
Westinghouse & others.
Consultant to Bank of America & Jones Lang LaSalle (facilities
management group) for wide range of engineering, economics & environmental
permit matters from 1987 to 2014. Work has included design & installation
of complete diesel generator systems (Caterpillar, Detroit Diesel, Perkins,
ElectroMotive Diesel, Deutz, John Deere, etc.) major diesel fuel system
redesign & upgrades, diesel-hydraulic starter system design, installation
& commissioning for new systems, & redesign & upgrade for previously
existing systems, numerous control systems upgrades renegotiation of energy
service contracts with major utilities & other prospective energy service
companies, & for air permit issues for several major onsite generation
plants.
International experience including extended assignment in Australia as
principal expert for a family of large multinational insurance & financial
services companies in a $100 million project dispute involving cogeneration
projects at Victorian Hospitals (Melbourne, Australia). Also have worked on
power projects in Mexico, Korea & France.
Project Manager & Startup Engineer for the City of Los Angeles digester
gas fueled 20,000 kilowatt Hyperion Energy Recovery Project Cogeneration
Plant. Responsible for all aspects of equipment installation &
startup/performance testing for this $12 million project. Equipment
includes four Allison 570-KA gas turbine generators with dual pressure HP/LP
heat recovery steam generators (HRSG), selective catalysts & numerous
auxiliaries including digester gas treatment & digester gas/natural gas
fuel controls. This project involved extensive technology development work
on various fuel processing, energy conversion, heat recovery & other
aspects of this, the world’s largest waste to energy plant involving use of
municipal digester gas.
Startup Engineer for International Power Technology, Inc. Conducted startup
for three 6MW gas turbine cogeneration units at two sites, each with Allison
501-KH steam injected gas turbines & supplementary fired heat recovery
steam generators (HRSG) operating in a "Cheng Cycle". Responsible for
integrated plant testing, performance verification & demonstration,
development of operating & casualty procedures & conduct of operator
training program. Programmed Bailey Network 90 control system operator
interface graphic displays. Startup Test Engineer for development of
Factory & Field Acceptance Test Program & other documentation for an
Allison 501 based 6 MW Cogeneration Project in Bakersfield, California.
Various follow-on contracts for graphic display programming for "Standard"
plant design, & customizing standard graphics for new projects, plant
design/performance improvement reviews, technical document reviews &
general technical consulting. Programmed & validated computer based
economic model for real-time calculation of project performance using
mathematical algorithms of Power Purchase Agreement rate structure &
actual plant performance data.
Project Manager & Principal Engineer for geothermal drilling/testing &
power plant development project for Imperial Energy Corporation. Supervised
design, drilling, well completion & testing of an 8500' high temperature
geothermal production well in the Imperial Valley, California. Developed
design for modular 3MW steam power plant. Processed all permits for project
drilling, construction, operation & testing. Formulated development plan
for project expansion to 16MW including utility interconnection, power sales
agreements & draft pro-formas for venture capitalists & institutional
investors.
Inventor for a high performance cooling manifold design for use on
Electro-Motive Diesel engines in the 3,600 to 4,800 HP range. This
invention covered by Patent (U.S. 5,337,705), improved oil cooling by 30% to
70% & is now in use by the U.S. Navy & at other “arduous” applications
in Australia & Alaska. Inventor of a portable precision computer room
environmental monitoring station for 3-D modeling of critical environment in
large computer center main processing rooms.
Project Manager for replacement of 18kV high current main power bushings on
main output transformer at NRG El Segundo Unit #3. Direct supervision of
transformer bushing replacement, comprehensive transformer testing, oil
removal/replacement, cooling pump overhaul & replacements, case refinishing
& unit recommissioning. (2004)
- 1979 to 1984 - WESTEC Services, Inc.
Deputy Manager for Energy Division responsible for supervision of both
Engineering & Contract Operations & Maintenance groups which included
fifteen engineers & eighty power plant operations & maintenance
technicians. Project Manager for numerous cogeneration & geothermal
consulting contracts as well as for field operations & testing projects
involving geothermal wells & both geothermal & cogeneration power
plants. Directly involved in the development of operating procedures &
station orders for both utility & non-utility power generating stations.
Project work with Navy Facilities Engineering Command, Public Works Branch
for investigation of cogeneration & geothermal power projects at various
Navy facilities in California.
Three digester gas projects of note included (1) feasibility analysis &
conceptual design for a feed lot digester system in Brawley, CA; (2) Plant
operation of a large 2.5MW digester fueled reciprocating engine plant for
the City of San Diego at their Pt. Loma Waste Water Treatment Plant, & (3)
system design, design optimization, air permit screening & various other
technical support activities for the City of Simi Valley digester gas fueled
power plant development program. All three of these projects included
detailed economic analysis & modeling of project finances to assess
financial feasibility.
Additional engineering feasibility work on a variety of geothermal, solar,
cogeneration & new-technology & hybrid projects for variousclients.
- 1977 to 1979 - Bechtel Power Corporation
Nuclear Licensing Engineer & Safety Design Review Coordinator for $3.5
billion nuclear power plant project in Georgia. Responsible for conduct of
formal design review program for plant process systems (Mechanical,
electrical & controls) to assure compliance with applicable codes &
other regulations, including Nuclear Regulatory Commission regulations &
NFPA safety codes, & to verify that each system would meet its design
criteria. Principal liaison between client utility licensing & operations
management & Bechtel Power Corporation. Chaired all Licensing Review
Meetings whose participants included A/E & utility Vice Presidents, Chief
Engineers & Program Managers.
- 1971 to 1977 - United States Navy
Submarine Officer serving on the USS Thomas A. Edison SSBN-610, a nuclear
powered Fleet Ballistic Missile submarine. Principal duties as Engineering
Division Officer in billets as Main Propulsion Asst. & Damage Control
Asst., with temporary assignment for one patrol as Communications Officer
& Ships Control Training Officer. Qualified in all possible supervisory
watch stations including Engineering Officer of the Watch, Engineering Duty
Officer, Ship’s Diving Officer, Torpedo Fire Control Supervisor, Officer of
the Deck, & Ship's Duty Officer. Provisional qualification as Command
Duty Officer lacking only advancement in rank to Lt. Commander for final
qualification. Extensive shipyard overhaul experience including
responsibility for the ship’s lockout/tagout safety program, confined space
& hot work permitting & for in-port fire, flooding & atmospheric
hazards control programs.
As Midshipman in ROTC program at Oregon State University completed normal
4-year program in 2-years & was selected as “Distinguished Naval
Graduate”, a top honor for a graduating ROTC midshipman & offered (and
accepted) a “Regular” versus normal “Reserve” commission as Navy Ensign.
Finished near top of class in ROTC & later at the Naval Post-Graduate
School (Monterey) & at both Nuclear Power School & Naval Reactor
Prototype Training Programs for officers.
EXPERT WITNESS & RELATED EXPERT CONSULTING ACTIVITIES
The highly technical nature of these cases is such that they typically
involve the preparation of one or more reports per case, often involve
depositions, & occasionally involve testimony at court or arbitration
hearings. Experience included participation as technical expert in several
international cases involving tens to hundreds of millions of as measured in
US dollars. As a result in the last several years I have testified at
deposition and/or formal hearings as listed below.
History of testimony at trial, arbitration hearing or deposition:
- 3/3/17 as witness for the Defendant in Tri-State Generation &
Transmission Inc. et al vs. Mitsubishi International Corporation, et al.
U.S. District Court for the District of Arizona; Case No. 3:14-cv-08115-NVW.
- 1/23/17 – 1/25/17 hearing testimony as expert witness for engineering &
economic issues for Defendant in Comision Federal de Electricidad (Mexico)
v. Energia Azteca VIII S. DE R.L. DE C.V. (an InterGen affiliate);
International Arbitration in Mexico City, Mexico.
- 7/8/2016 as expert witness for Batzer Construction, Inc. vs. White Oak
Global Advisors LLC & First American Title Insurance Company; Superior
Court of California – Shasta County, Case No. 181698.
- 5/12/2015 as witness for Plaintiff Donald J. Robertson vs. Cleaver-Brooks,
et al; State of Wisconsin, Milwaukee County, Circuit Court Branch – 42; Case
No. 14-CV-732
- 12/3/2014 as witness for the Plaintiff Ellingworth, Collins et al vs. AC
& S, Inc. et al; Superior Court of California, County of Alameda –
Unlimited Jurisdiction, Case RG11599656
- 10/23/14 as witness for the Defendant Trustee in Angelina County et al vs.
Aspen Power et al. District Court of Angelina County, TX, 217th Judicial
District. No. TX-186
- 12/18/13 as witness for the plaintiff is asbestos litigation Arenius vs.
Cleaver-Brooks in U.S. District Court, Western District at Seattle Case
2:12-cv-02131-RSL.
- 9/11/2012 as witness at deposition for plaintiff in asbestos litigation
Roland L. Stevens & Shirley J. Stevens v. CBS Corporation, et al. U.S.
District Court Western District of Washington at Tacoma No. 3:11-CV-06073.
- 12/2/2011 as witness for plaintiff in asbestos litigation Mara Lynn Abbay
vs. Armstrong International, Inc. et al, CIVIL ACTION NO. MDL 875, EDPA Case
No.: 2:10-cv-83248-ER
- 9/20/2011 as witness for the third party defendant, Source North
America/Ace Tank, in ATT Mobility v. Holaday Parks Fabricators v. Evergreen
Power Systems & other third party defendants. Case is associated with
diesel fuel day tank fill controls & related technical & procedural
issues with lockout-tagout related to a spill of some 15,000 gallons of #2
diesel fuel in Bothell, WA.
- 9/8/2011 completed three days of testimony as principal technical expert
for the Plaintiff, AES Merida III, in an arbitration against the Comision
Federal de Electricidad associated with various technical aspects of causes
& effects of plant outages, assessment of equivalent hours & equivalent
starts, fuel quality issues & declarations of force majeure at the Merida
III 484MW combined cycle power plant in Merida, Mexico.
- 2/7/2011 as witness for the plaintiff in Los Angeles County Sanitation
District #2 vs. Siemens Power Generation Inc.; Case No. 30-2009-00330264 in
Superior Court of State of California, County of Orange. Case involves
mechanical over speed & destruction of a 5.5MW electrical generator.
Focus on duty of care in original & remedial design.
- 10/5/10 as witness for defendant Carter Burgess/Jacobs Engineering in
Carter Burgess Inc. vs. City of Victorville, CA & DOES 1 thru 100,
Superior Court of California County of Riverside Case ID RIC503565. Case
involves various design, duty of care, reliability & economic issues for a
17.5 MW gas turbine-steam turbine combined cycle power plant in islanded
municipal utility district in Victorville, CA.
- 9/3/10 as witness for the plaintiff in asbestos litigation George Schab
vs. AC & S Incorporated et al, Superior Court of California, County of San
Francisco, Case ID CGC-10-275530. Deposition testimony defended by law firm
of Harowitz & Tigerman for questioning by counsel for York International &
A.W. Chesterton in asbestos litigation involving alleged exposures from
commercial boilers, air compressors & related campus machinery at the
University of Washington.
- 5/13/10 as witness for the plaintiffs providing generic technical report
& related opinions for use of asbestos in insulation of industrial
boilers, turbines & related equipment at power plants, refineries &
similar facilities for the law firm of Cohen, Placitella & Roth in Red Bank,
NJ. Deposition covering three New Jersey cases; Mary O. Barile et al vs. 3M
Company et al (Docket L-7862-07AS), William Grau et al vs. Alfa Laval
(Docket L-7959-07-AS) & Savarese vs. ABB Lummus Crest Inc. et al (Docket
L-4527-09 AS).
- 3/30/10 as witness for the plaintiff in Hall vs. Arizona Public Service
Company et al; Superior Court of Arizona County of Maricopa Case No.
CV2008-021259; Testimony by written expert report & at deposition on date
cited in case involving lockout-tagout safety issues at a large coal fueled
power plant.
- 2/26/10 & 3/9/10 as witness for the plaintiff in asbestos litigation
Fontes et al vs. Aetna Metals et al Superior Court of California, County of
Los Angeles, Case BC418084. Testimony by formal declaration & deposition.
Case involving claims of asbestos exposure from pump, valve & other
gaskets & seals at a metal plating facility.
- 9/3/09 as witness for the defendant in Avista Turbine Power, Inc. vs.
Rathdrum Power, LLC. Arbitration Case No. 75-198-Y-00042-JMLE. (Deposition,
followed by direct written testimony & appearance for cross examination)
Case involved power plant performance, fuel metering & economic proforma
related issues for a 275MW combined cycle power plant in Idaho.
- 8/27/09 as witness for the plaintiff in asbestos litigation Barbara Gaia,
et al vs. Allis-Chalmers, etc. et al (deposition); Superior Court of State
of California, County of Los Angeles Case BC373142. Case involving asbestos
use in power plants & refineries.
- 8/6/09 as witness for the plaintiff in asbestos litigation Richard Simpson
vs. AWC 1997 Corp et al. Supreme Court of New York, County of Schenectady,
Fourth Judicial District, Case 2008-511 (deposition). Case involving
asbestos issues in ship construction.
- 7/1/09 as witness for the plaintiff in asbestos litigation Curtis vs.
Chesterton et al. California Superior Court Case ID RG09429497 (Deposition).
Case involving engineering aspects of thermal insulation & use of
asbestos.
- 1/15/09 as witness for plaintiff in Klickitat County Public Utility v.
Waukesha Engine Dresser, Inc. et al. Arbitration in Milwaukee, WI. In a case
involving issues with landfill gas fueled engine generator life cycle costs,
air emissions, warranties & maintenance intervals. (Hearing testimony)
- 8/1/08 as witness for plaintiff Romero in Al Romero & Advanced Service
Solutions, Inc. v. L.A. Power Joint Venture, Peter Kiewit & Sons, Inc.,
Kiewit Industrial Co., Bibb & Associates, Inc. & Cliff Heck; Superior
Court of California, County of Los Angeles Case No. BC-309731. This case
involves claims of wrongful termination & discrimination for an individual
working in the area of distributed controls configuration & testing for a
large steam power plant in southern California. (by Deposition)
- 8/1/07 as witness for the defendant in Basin Electric Power Cooperative
vs. Lacy M. Henry, Judy B. Henry, MPS Generation et al & as witness for
3rd party plaintiffs in MPS Generation, Lacy B. Henry & Judy B. Henry vs.
Ormat, Inc. & Clifford Waddell in United States Bankruptcy Court, Eastern
District of North Carolina, Wilson Division. Adversary Proceeding
No.L-05-00262-8-AP. This case involved technical & economic issues for a
series of organic Rankine Cycle power generation plants in the north-central
plains of the United States. (Deposition & hearing testimony).
- 8/1/05 as witness for the plaintiff in Homero Alvarado & Valania
Alvarado vs. Bechtel Corporation, Bechtel Power Corporation, Alstom Energy
USA, Inc., et al for the District Court of Harris County Texas, 152nd
Judicial District Case Num. 2003-23229 (Deposition) 5/3/05 as witness for
the defendant, the US Department of Justice, in the case of Mann vs. United
States, Federal Court of Las Cruces, NM. CASE NO.: 98-312C (Fed.C1). This
case involved engineering & economic issues for use of low to medium
temperature geothermal fluids for greenhousing in southern New Mexico.
Expert testimony in this case included extensive economic analysis &
development of economic life-cycle proforma projections & a formal
acceptance of Mr. Lane as a qualified expert in this area of work.
(Deposition & hearing testimony)
OTHER EXPERT WITNESS & CONSULTING EXPERIENCE
- Expert consultant for a wide range of power plant projects and marine
propulsion projects including projects of various sizes from a few megawatts
to hundreds of megawatts of various types and fuel sources including fuel
oils, gaseous and liquefied natural gas, and various waste solids and gases
including digester gas, landfill gas, municipal and agricultural solid waste
and finally nuclear project experience and expertise (no longer active in
nuclear power related activities by choice).
- Expert witness for Defendant HR Green California in arbitration with
Bowerman Power involving alleged construction and performance defects at a
20MW landfill gas fueled power generation project near Irvine, CA. (2017 to
present)
- Expert witness for the City of Lamar, Colorado for a dispute involving
alleged default by the local regional municipal utility to successfully
convert a previously City owned natural gas fueled cogeneration power plant
to coal fired. Work involves both technical and economic factors, rate
analysis and application of best practices in design, permitting and
construction. (2015 to present)
- Expert witness for Batzer Construction, Inc. in a matter involving the
refurbishment of a 7MW wood waste power plant in Anderson, CA. (2015 to
present)
- Extensive hands-on experience in diesel engine based marine propulsion
system design, construction and commissioning, particularly for projects
using Electro-Motive brand diesel engines. (ongoing since 2004)
- Expert for engineering and economic factors for a pair of large landfill gas
fueled cogeneration facilities (25Mw & 30MW), one in Southern California and
the other in Rhode Island. Issued included fitness for purpose, best
practices in design and operations, and financial performance of the
project. (2014-2015)
- Expert for defendant Woodward Governor Company in WESCO Distribution, Inc.
v. On-Power, Inc., et al concerning propulsion control issues and test cell
damages to a Pratt & Whitney ST18 turbine package in a marine propulsion
system involving ST18 and ST40 gas turbines for the Royal Norwegian Navy.
(2013 – 2017)
- Expert for Defendant in DCO Energy, LLC and DCO California, Inc. v. Rhode
Island LFG GENCO, LLC and Brea Power II, LLC; United States District Court
District of New Jersey; Case No. 1:14-cv-05568-RBK-KMW in case involving
warranties and construction defect issues for large 50MW landfill gas fueled
projects. (2014 – 2015)
- Expert for plaintiff in Sea Planes Inc. vs. Caterpillar, Inc., et al;
Central Court of California Case Number:
2:2012cv07039. Case involves failures of marine diesel engines in a fast
ferry application. (2013 - 2015)
- Expert for the defendant in Mineral Park & Bluefish Energy v. Saulsbury,
Inc. in Superior Court of Arizona, Mohave County CV2013-07111 concerning
damages to a GE LM6000 onsite power plant at a major mining site in northern
Arizona. (2013 – present)
- Expert to the plaintiff in PPL SavageALERT v. ASML US, Inc. concerning
performance and failure issues for a 1900 kW onsite cogeneration plant in
Connecticut. (2103 – 2015)
- Expert for the Plaintiff in asbestos litigation Henry Collins et al v. AC
and S et al, Superior Court of California, Alameda County Case No.
RG11599656 involving alleged asbestos exposure to a plant engineer at the
Nine Mile Island Nuclear Power Station in upstate New York working with the
firm of Harowitz & Tigerman of San Francisco.
- Expert for the defense for case involving a fire at the El Dorado Energy
(now Desert Star) 500 MW combined cycle power plant in Boulder City, NV.
Issues involving the assessment and quantification of property damage and
business interruption claims associated with a major fire and plant outage
(2013)
- Expert consultant and expert witness for the Trustee, in Angelina County et
al v. Aspen Power et al, 217th Judicial District of Angelina County, TX;
Cause No. TX-0186 involving a $120M, 50MW municipal biomass waste to energy
power plant in Lufkin, TX working with the firm of Faegre Baker Daniels of
Indianapolis. (2012 to present intermittent)
- Investigating engineer for the insurance carrier for a $3 million boiler and
machinery claim associated with multiple failure of one of the world’s
largest thrust bearings at a major hydro power unit in central Washington.
(2011 initial investigation; November 2012 follow-up; recently noticed 8/14
for possible further legal actions)
- Expert witness for the Plaintiff, AES Merida III, in an international
arbitration against the Comision Federal de Electricidad (CFE) associated
with various technical aspects of causes and effects of plant outages,
assessment of equivalent hours and equivalent starts, fuel quality issues
and declarations of force majeure at the Merida III 484MW combined cycle
power plant in Merida, Yucatan, Mexico. (2011 to 2013 and pending appeal)
- Expert witness services to InterGen associated with a arbitrated dispute
with the Comision Federal de Electricidad (CFE) involving technical and
economic issues at the 600MW El Bajio Combined Cycle Power Plant in
Queretaro/San Luis de la Paz, Mexico. (2016 to 2017)
- Engineering expert for the defendant in a $2.2 million subrogation case
involving damage to a GE LM2500 gas turbine caused by contamination of
injection water for a project in the Bakersfield, California oil fields.
(2012-2013 settled without trial)
- Expert for defendant Gas Transmission Northwest, affiliate of Trans-Canada
Gas, involving fuel quality issues and effects alleged to have resulted in
premature failures of GE Frame 7 gas turbines operating in a combined cycle
power plant in Hermiston, OR. (2011 to 2013 settled without trial)
- Expert for plaintiff Lake Cogeneration vs. Florida Power Company dba
Progress Energy in a case involving operations and maintenance issues and
operating economics for a LM-6000 based combined cycle power plant in
central Florida. (2011 to 2012 Settled without trial)
- Expert witness for defendant INMAR and their insurance carrier, Lloyd’s of
London, in a case involving the catastrophic failure of a 12-645 EMD engine
on an ocean-going tug boat that was operating in the Gulf of Mexico. (6/11
to 3/12)
- Expert witness for defendant Power Management Engineering vs. Energy and
Power Solutions et al, Superior Court of California, San Bernardino, Rancho
Cucamonga District, Case ID CRVIS 808649 involving a small 290 kW packaged
cogeneration plant working through the Law firm of Gordon & Rees, Los
Angeles. (2009 to 2012)
- Expert consultant for FM Global Insurance, affiliate of Factory Mutual
Insurance, for a boiler and machinery claim associated with the explosion of
a large natural gas/digester gas fueled reciprocating engine operating in a
cogeneration configuration at a large municipal waste water treatment plant
in Albuquerque, MN. (10/10 to 1/11) and forensic assessment of a boiler
explosion in Los Angeles area (5/11 to 8/11)
- Troubleshooting of vibration problems and redesign of special vibration
mounts for a 16-cylinder 710 EMD generator set at the Copper Valley Power
Plant in Alaska (2011); similar work on the Factory Ship Northern Victor 645
EMD generator sets, as well as similar work on the M/V Tustumena and M/V
Aurora, long range ferries operating in southern Alaska.
- Expert for plaintiff in a personal injury case involving a small explosion
at a high-pressure natural gas compressor station for fueling of municipal
transit vehicles in Simi Valley, CA. Issues involve duty of care for
design, maintenance and operation and conformance to applicable codes and
standards. (2010-2013 Settled)
- Expert for the defendant, the State of Connecticut, in the case Resource
Technology Corporation vs. Connecticut Resources Recovery Authority (Case
99-35434) United States District Court Northern District of Illinois –
Eastern Division. This case involved issues concerning operation,
maintenance and economic damages at a landfill gas powered reciprocating
engine generation plant in Connecticut. (2002)
- Expert for the defendant in a criminal case involving death of a plant
worker at a gravel plant in San Francisco area. Expert analysis of
Lockout-Tagout (LOTO) procedures and related training and practices. (2010
to 2011)
- Expert for plaintiff in case involving claims of fraud, misrepresentation
& faulty workmanship and materials associated with the repeated failure of
a remanufactured Detroit Diesel Corporation Series 60 diesel engine in a
long-haul truck. Testimony in form of affidavit prepared August 2010 and
October 2012. (5/10 to 12/10; reactivated 6/12 and pending trial as of
1/13) Case being handled Pro-bono except for reimbursement for incidental
expenses.
- Expert for the plaintiff in Robert Walker and Alberta Walker vs. Burnham
Company et al, an asbestos related litigation in Superior Court of New
Jersey, Middlesex County, Docket No. L-9945-09. (5/10 to 7/10)
- Expert consultant to law firm of Fisher, Kanaris (Chicago) for group of
insurance companies for assessment of manufacturer's claims of increased
warranty exposure associated with new heavy-duty diesel engines designed to
latest EPA-10 emissions regulations for on-highway applications. (3/10-6/11)
- Expert consultant to major international pharmaceutical company for
investigation of a major incident involving large natural gas fueled
reciprocating engines operating at a cogeneration plant in San Diego, CA.
Failure involves extensive engine damage caused by water intrusion from a
failed Heat Recovery Stream Generator. (2/10 to 6/10)
- Consultant to a private development company for design and equipment
selection for small, grid-connected cogeneration systems to be fueled by
gasified wood waste. (10/09 to 1/12)
- Consulting expert for technical and safety issues including requirements and
adequacy of warning labels for two cases involving multiple deaths due to
carbon monoxide poisoning from operation of a small 3500 to 5500 Watt
portable engine driven generators in the eastern United States. (2008)
- Expert for law firm of Dow, Golub, Berg & Beverly, LLP and their client,
Shaw Group, Inc. in Occidental Petroleum Corporation vs. Shaw Global Energy
Services, Inc. for a case involving an explosion and fire at a cogeneration
power plant in Texas. (Cause No. 2007-01482, 215th Judicial District Court
of Harris County, Texas). Work involved failure analysis, cost of repairs,
and duty of care issues for plant operator and maintenance subcontractors
for a large industrial power plant. (2008 to 2010)
- Completed a major case assignment and remain under retainer to provide
expert witness services for major international engineering, design &
construction firm for litigation and risk assessments related to plant
operations and asbestos exposure issues at land-based power generation
stations, refineries and similar heavy industrial projects. This client has
requested general anonymity though I am able to disclose their identity to
any party with a legitimate need for that information. (2007 to 2008)
- Provided technical and engineering economic analysis in support of an $80
million municipal bond default resulting from the failure of a large
municipal waste-to-energy, municipal solid waste incineration and energy
recovery project. Services provided to one of the world’s largest investment
banking and bond underwriting firms. Services included analysis of project
technical and economic performance relative to original investor prospectus,
determination of the causes of the shortfalls in performance and offering of
opinions regarding organizations responsible for those errors. (2008)
- Provided expert witness services on various personal injury/illness cases
involving individuals suffering from mesothelioma and other asbestos related
illnesses from exposure associated with work in, on or around US Navy and/or
US Coast Guard vessels and/or in shipyards. This work included determination
of probable exposure scenarios on submarines and other vessels both underway
and in new construction, repair or overhaul. This work was performed for
the Law Firm of Early, Ludwick, Sweeney & Strauss (New Haven, CT.) Named
cases by plaintiff surname to date include Drucker, Paolino, Hanlon,
DesPres, Kotecki and Smart. (2006) Additional cases for law firm of Levy,
Phillips & Konigsberg (New York. NY) for cases with plaintiff surnames of
Simpson and Smith (2008 to 2014).
- Consulted to a major international engineering contracting firm on a
mesothelioma case involving both power plant and shipyard exposures to
asbestos (2008). Stevens vs. CBS et al for Bergman Draper Ladenburg
(Seattle) (2012)
- Expert for Plaintiff in Al Romero and Advanced Service Solutions, Inc. v.
L.A. Power Joint Venture, Peter Kiewit & Sons, Inc., Kiewit Industrial Co.,
Bibb & Associates, Inc. and Cliff Heck; Superior Court of California, County
of Los Angeles Case No. BC-309731. Case involves technical issues
associated with plant controls automation and boiler, burner and turbine
generator safety, NFPA code compliance and other related issues for a large
utility combined cycle power plant. (2004-2005 and 2008 to 2010; settled)
- Expert to Klickitat Public Utility District (KPUD) against Dresser
Industries, Waukesha Engine Division for landfill gas fueled power
generation project in south, central Washington. Case involves range of
technical and contractual issues for warranties, useful life, emissions
conformance, maintenance life cycle, equipment availability & reliability
for a 10.5MW landfill generation project. Case settled through arbitration.
(2008 to 2009)
- Completed case, Basin Electric Power Cooperative vs. Lacy M. Henry et al vs.
Ormat, Inc. and Clifford Waddell; United States Bankruptcy Court, Eastern
District of North Carolina, Adversary Proceeding No.L-05-00262-8-AP as
expert for Lacy M. Henry et al. Expert witness for the Plaintiff providing
primary and supplemental reports and with deposition taken on 8/1/07. Case
noticed as settled on 9/25/07 soon after submittal of supplemental report
confirming underlying basis for economic analysis and opinions on valuations
for the Plaintiff.
- Expert witness to Watson Law Group and the Los Angeles Department of Water &
Power as potential Plaintiff associated with anticipated litigation
associated with the catastrophic failure of a utility-sized steam turbine
due to introduction of debris into the rotating machinery. Based on expert
recommendations this case was dropped in November 2005.
- Expert witness for the Plaintiff in Alvarado v. Becon Construction Company,
Inc., Bechtel Corporation and Alstom Energy USA, Inc. in 152nd District
Court of Harris County, TX in matter involving personal injuries in an
industrial accident at a large power plant. Work involved forensic analysis
of engineering and operational matters including OSHA Lockout/Tagout
requirements. Deposition taken; case settled prior to trial.
- Expert witness for defendant working through attorney Carrington, Coleman,
Sloman & Blumenthal, LLP in Houston Casualty Company, Comision Federal de
Electricidad and Seguros Comercial America, S.A. de C.V (plaintiff) vs.
Siemens Power Corporation et al. in the District Court of Dallas County,
Texas in matter involving turbine blade failures and other damage at a
utility power plant in Mexico. Work to date has included preparation of an
expert report and formulation of opinions on matters related to proper
operation of a large combined cycle power plant. Depositions are understood
to be set for November-December 2005 timeframe though notice has just been
provided indicating preliminary settlement agreements have been reached as
of 15 October 2005.
- Expert witness for defendant Davis Electric in Florida Power & Light vs.
Black & Veatch Corporation, a case involving damage to a large gas turbine
due to uncontrolled spray of water into the intake of that engine. Prepared
expert report and physical demonstration of water injection tubing assembly.
Case settled before deposition or trial. 2005.
- Expert witness for defendant, the U.S. Department of Justice, in Stanley K.
Mann vs. United States of America in U.S. Court of Federal Claims No.
98-312C involving assessment of the economic potential of the direct use of
geothermal energy for heating a proposed commercial greenhouse project in
New Mexico. Work involves technical and economic feasibility analysis for a
conceptual project. Report filed April 2005, deposed 4 May 2005; trial
completed in November 2005.
- Expert witness for defendant in Desert Power LP vs. Sermatech et al for
various technical & engineering economics focused on the methods of
calculation and meaning of Equivalent hours and Equivalent Starts associated
with a gas turbine based peaking power plant project in Utah. Case settled
on eve of date for submittal of expert report and planned depositions.
(Settled January 2005)
- Expert witness for engineering and project economics for Plaintiff’s
attorney Gauthier, Downing, LaBarre, Dean & Sulzer (later Stephen M. Huber,
Gauthier, Houghtaling & Williams) (Metairie/New Orleans, LA) for ESI, Inc.
(DELASA) v. Coastal Power Company, Tenneco, et. al. (CDC Docket No. 95-13172
“F”) and related case Walk Haydel & Assoc. v. Coastal Power Production
Company et. al. (Delassa) etc. (U.S. Court of Appeals, Fifth Circuit Docket
06-30886) involving an Independent Power Producer project in El Salvador.
Merchant Power Plant economics, plant life-expectancy, rate analysis and
other issues associated with large 2-cycle diesel engines fueled by Bunker-C
(Heavy Oil). (2004-2005, settled before depositions or trial)
- Expert witness for Defendant in Sithe Daesan Cogeneration Company v. Hyundai
Petrochemical; International Chamber of Commerce (ICC-Singapore) Arbitration
Case No. 12672/TE/MW; party appointed testifying expert by Hyundai
Petrochemical and counsel Allen & Overy (London/Hong Kong) and Shin & Kim
(Seoul) for technical construction & performance, engineering economics and
energy sales agreement issues with “Third Party” owned and operated
multi-unit combined cycle power plant at the largest petrochemical complex
in South Korea. Work included detailed quantum analysis of claims and rate
structure in case involving over $100 Million in claims. (2003-2004 Settled
before depositions or trial)
- Forensic investigation of technical design and operations issues associated
with a major power outage at the Bellagio Resort in Las Vegas that
experienced a major electrical distribution system failure caused by a cable
fault in an underground vault. Work performed for a major international
insurance carrier and other parties whose identity is yet to be made public.
(July 2004 – Noticed as settled November 2007)
- Expert witness for the defendant for The Estate of Vernon Cornelius Dunaway
et al vs. Channel Terminal Corporation d/b/a International Terminals
Company, Mitsui & Co. (USA) et al In Probate Court No. One, Harris County,
Texas in case involving major steam accident and alleged violations of OSHA
rules including 29CFR1910 regulations for control of hazardous energy
(lockout/tagout). Expert Witness services for the Defendant Counsel Hilburn,
Shores & Sherer, Houston, TX (Case “suspended” March 2005 then announced as
“settled” in July 2005).
- Expert consultant to Defendant in Montenay International et al v. Asplundh
Construction et al for a commercial litigation in Nassau County, New York.
Consultant and expert for defendant in case involving major damage to
electrical and mechanical power generation equipment at a 12 MW independent
power producer municipal solid waste to energy facility. Issues include
application of NFPA/NEC and utility interconnection codes and standards as
well as other power plant design, operations and maintenance issues.
Contracted by defendant law firm Chesney & Murphy, LLP, Baldwin, NY. (2003 –
2004 case suspended, reactivation noticed 3/05; case understood to have been
abandoned by plaintiff or to have settled)
- Forensic investigations and case review work for subrogation screening for a
major insurance carrier for cases involving 4MW reciprocating engine driven
cogeneration project and a 6MW lumber mill waste fueled steam turbine
generation project, both located in Northern California. (2004)
- San Francisco State University, consultant for preliminary proceedings and
OSHA citation appeal associated with a personal injury from high temperature
steam and/or condensate at an on-campus energy plant. (2003-2004)
- Claude Brown European Patent Application No. 98903513.4; technical opinions
working for Claimant leading to formal affidavit regarding merits of claims
for inventive features involving steam separation for mobile agricultural
superheated steam generation units. Work for law firm Sheppard, Mullin,
Richter & Hampton LLP of San Francisco, CA. (June/July 2003)
- Noseff vs. Peter Paul Electronics et al; Bernalillo County (New Mexico) No:
CV-2001-01278; Expert review and forensic investigation of a natural gas
fire/explosion causing the death of a maintenance technician at a gas
interconnection station in Hobbs, New Mexico. Work included various duty of
care issues and conformance to applicable OSHA Regulations and NFPA Code
requirements. September 2002 to September 2003 for Defendant’s attorney
Hatch, Allen & Shepherd, P.A. Issues addressed include release of hazardous
energy, OSHA lockout/tagout requirements, NFPA/NEC hazardous area
classification & required equipment, safety procedures, and related matters.
- Varnsdorf Pty. Ltd. versus Fletcher Construction Australia Ltd. Commercial
arbitration involving $120 million in claims with key issues of duty of care
of designer, manufacturer and operator, fitness for purpose, expressed and
implied warranties, operations and maintenance methods, root cause analysis
and assessment of technical and economic effects of elevated firing
temperatures and abnormally high number of shutdowns-restarts for a major
project involving six power combined cycle power plants referred to as the
Victorian Hospital Cogeneration Project in and around Melbourne, Australia.
Worked for owner, AXA/National Mutual of Australasia and attorney Freehills.
Assignment involved 18 months temporary residency in Melbourne Australia at
Client request. This was an extremely extensive engagement involving over
6,000 man-hours of professional services work as a consultant and expert.
(1996-2001)
- Resource Technology Corporation vs. Connecticut Resources Recovery Authority
(Case 99-35434) United States District Court Northern District of Illinois –
Eastern Division; Expert report and testimony concerning energy conversion
aspects of a two unit, 1,730 kW, landfill gas project in Shelton,
Connecticut, 2001 to 2002 for Defendant’s attorney Ross & Hardies. Final
testimony completed November 2002. I provided sworn testimony in court for
this case.
- Strategic Resource Solutions, Inc. vs. San Francisco Unified School
District, et al; Investigation and analysis of boiler failures and furnace
explosion, including duty of care issues and NFPA Code compliance review of
the boiler/burner systems. Work for San Francisco Unified School District
via City Attorney’s office, June 2002 to 2004.
Electrical systems duty cycle review, analysis and expert report for a wood
processing plant in Washington State for plaintiff’s attorneys Ball & Janik
(parties not named); 2001. Expert report contributed to early settlement of
case without formal expert reports, depositions or trial.
- Flagg Energy Development Corp. et. al. (Kenetech) versus General Motors
Corporation (dba Allison Gas Turbine) Re: Hartford Hospital Cogeneration
Project, Hartford, Connecticut; Superior Court for the Judicial District of
New Haven at Meriden, CN (CV 92-0242198-S). Work for Plaintiff attorney
Smith & Fleming, Atlanta, GA. 1996-1997. Provided sworn testimony in
depositions for this case in 1996.
PUBLICATIONS & PRESENTATIONS
- “Measure by Measure”; Parametric Fuel Metering for Liquid Fueled Combustion
Turbines & Diesel Engines article; “On-Peak Performance”, a supplement to
Consulting-Specifying Engineer Magazine, publisher Reed Business
Information, November 2002 special issue for Electrical Generating Systems
Association Annual Meeting.
- Parametric Fuel Metering for Industrial Gas Turbines; presentation to
general session at 2003 Rolls-Royce Turbine Users Group Conference, Houston,
TX.
- “Finite-Amplitude Standing Waves in a Rigid-Walled Cavity”, Thesis (M.S.
Physics) -- Naval Postgraduate School (NPS), Monterey, California, 1972.
NPS Library locator L2568; Reference code AD747522.
- “Engine Firing Temperature Optimization for LM-500 Industrial Gas Turbines”;
private research study report for Roche Pharmaceutical Company (New Jersey &
Switzerland); October 1999.
- USS Thomas A. Edison SSBN-610 Ship’s Information Book (SIB) & Training Aid
Booklet (TAB) set, Rev. 2, 1974; Comprehensive revision of 14 volume set of
information & training manuals covering all ship’s systems with focus on
new upgrades including new reactor plant, new sonar/radar/visual sensor
systems, new torpedo & missile launch & fire control systems, SubSafe
flooding prevention & recovery upgrades, & other navigation,
communications, engineering & ship’s control changes performed during
major overhaul. Materials published for restricted use onboard Navy
warships by U.S. Navy as Classified documents.
PATENTS - INVENTIONS & OTHER INTERESTS
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