Rossi vs. IH — New Exhibit Shows Penon/Fabiani Power Usage vs. Utility Data

Thanks to LENR G for pointing out another Exhibit that was entered into the court records yesterday, this time by the Industrial Heat legal team. They entered a document titled “Defendants’ Reply in Support of Motion for Leave to File Fourth Amended Answer, Additional Defenses, Counterclaims and Third Party Claims.” (See document 129 here)

It includes a lot of legal arguments, but for the purpose of this post, the most interesting part is Exhibit 1 which is filed along with the document which is a graphical representation of three sets of power data: from Fabio Penon, from Fulvio Fabiani, and from Florida Power and Light during the duration of the E-Cat plant test in Doral. This is what the IH document states about the data.

“Attached as Exhibit A is a chart comparing the power data represented by USQL and Fabiani to the actual power usage shown by FPL, which produced daily records of power usage. These charts show that the power data represented by USQL and Fabiani was false, as alleged in the proposed 4th Amended AACT. See 4th Amended AACT ¶ 142. This is by no means a conclusory allegation. To the contrary, this is a factual allegation supported by direct evidence that Plaintiffs and Third Party Defendants manipulated the results of the purported testing of the Plant at the Doral Location”

The image is below, and can also be accessed here:

129-01 – Exhibit 1

We can see that the lines representing Fabiani and Penon’s data are almost identical. A possible reason that I have thought of for this is that Andrea Rossi stated that he had installed the exact same measurement equipment as Penon in the same locations, and that following the test he said that his data was essentially the same as Penon’s (within the error range of the instruments). Anyway, this is another source of information about the power consumption during the test. IH states that the data proves the Fabiani data was ‘false’, but they don’t explain why they conclude that.

If the Penon and Fabiani traces show the power only consumed by the E-Cat plant, they will not include other power consumption that was going on in the plant during the test, and at this point we don’t know what other electrical equipment was used there, and how much power that equipment consumed. I expect this will be an issue covered during the trial.