On Tue, Apr 12, 2016 at 8:34 PM, Jed Rothwell <[email protected]> wrote:
> I recall another ERV is mentioned in the lawsuit papers. I don't recall > where. > I did a little reading and found this: - In the complaint there was mention of the ERV (Penon) and two people to maintain, monitor and report on the operation of the 1MW plant (Barry West and Fulvio Fabiani). - In section 5 of the License Agreement (amended, but left unchanged in this regard), it says that "The ERV (or another party acceptable to the Company and Leonardo) will be engaged to confinn in writing the Guaranteed Performance." I recall reading about a nuclear engineer and two lawyers somewhere but didn't find that detail time around, so I might have missed something. If I did not miss anything, perhaps the second person you heard of is either Barry West, or he or she is another party "acceptable to the Company and Leonardo." Unless I'm reading this incorrectly, in neither case would the second person be an ERV, but the wording makes it sound like either could, in the court's interpretation, potentially veto the guaranteed performance test with a negative report. Eric
