|   Source: July 28, 2008, Taleyarkhan C-22 Appeal/Rebuttal Report [Bracketed additions are clarifications by New Energy Times]
 
          
            | 
              Table 2. Judging the Independence of Dr. Xu et al. Confirmatory Studies- Per Metrics from the Dec. 15 2006 C-22 Inquiry Committee Report
 
 |  
            | Criterion / Question | Response | Clarification |  
            | Location: Was location the same as the ORNL
 experiments?
 
 | No
 | Dr. Xu et al. experiments were performed at Purdue
vs ORNL. |  
            | Sponsorship: Did Dr. Xu et al. receive funding
            from Taleyarkhan et al. (2002)?
 
 | No | Dr. Xu was funded by Purdue’s School of Nuclear Engineering.
 
 |  
            | Detector: Was the tritium detector/spectrometer the same as that used
            by Taleyarkhan et al. (2002)
 
 | No | Dr. Xu et al. used a different tritium detection spectrometer.
 
 |  
            | Calibration of Detector: Was the Dr. Xu et al. tritium
 spectrometer calibrated by
 Taleyarkhan et al. (2002)?
 
 | No | The calibration was performed by [one of the world's foremost experts DoE/ORNL employee] Dr.
M. Murray who traveled to Purdue during 12/2003 
to deliver and set up the LS6500 Beckman 
spectrometer. 
 |  
            | Measurement protocol: Was the protocol for tritium detection
              the same as that used by Taleyarkhan
            et al. (2002)?
 
 | No | The protocol and approach for liquid scintillation counting for tritium was different. Dr. Xu et al.
detected tritium production using an organic liquid -based 
Ultima-Gold scintillation cocktail versus the
use of an aqueous-based Ecolite cocktail used by
Taleyarkhan et al. (2002, 2004)
 
 |  
            | Test apparatus (reactor cells): Were the test cells used by Dr. Xu et
              al. the same as the ones used by
            Taleyarkhan et al. (2002)?
 
 | No | Dr. Xu et al. used different test reactor cells that
were different and distinct than the ones used to
conduct the experiments in Oak Ridge, TN by
Taleyarkhan et al. (2002) 
 |  
            | Experimental approach: Did Dr. Xu et al. use an identical
              experimental approach for nucleation
              and sustaining the sonofusion
              experiments as reported by
            Taleyarkhan et al.(2002)?
 
 | No | The experimental approach for timing, starting and
maintaining the sonofusion process was radically
different. Dr. Xu et al. used a fundamentally
different experiment approach; whereas,
Taleyarkhan et al. used an accelerator based 14
MeV neutron microsecond-pulsed neutron source,
Dr. Xu et al. at Purdue used a continuous spectrum
randomly emitting neutron sources, both Cf-252 and
Pu-Be 
 |  
            | Facility, geometry and functionality: Was the thermal-hydraulic design of
              the experiment station identical to
            that of Taleyarkhan et al. (2002)?
 
 | No | Dr. Xu et al. used an experimental geometry which
was radically different (i.e., they used an enclosed
passive freezer containment versus the use of an
active chilled-air driven cooling system used in the
ORNL experiments). 
 |  
            | Participation in experiments: Did 
              anyone from Taleyarkhan et al.(2002)
              participate in the conduct, data
              acquisition and analyses of the Dr. 
            Xu et al. experiments?
 
 | No | Dr. Xu formally testifies that he conducted the
experiments, acquired the relevant data and
analyzed the data independently and drew
conclusions with no participation by the
Taleyarkhan et al. (2002,2004) team members. 
 |  
            | [Experimental Assistance:] Did Dr. Xu/Mr. Butt receive
 assistance/tutoring from
              Taleyarkhan et al.(2002,2004) team
              members on test cell design, setup
            and operations?
 
 | Yes | This assistance has been acknowledged by Dr. Xu et
al. directly in the Acknowledgment sections of their
2005 NED and NURETH-11 papers. 
 |  
            | [Editorial Assistance:]Did Dr. Xu/Mr. Butt receive review
                comments on their manuscript,
                technical writing/composition
                assistance and assistance for
                reaching out to Science, PRL and
                Elsevier Publishing House for
                consideration for acceptance and
              publication in NED.
 
 | Yes | Dr. Xu testifies that he requested review feedback
and assistance related to paper preparation for
publication from Dr. Taleyarkhan and several of his
colleagues. 
 |  
            | [Peer Review:]Did Dr. Taleyarkhan et al.
                (2002,2004) manage the editing, 
                independent reviews and decision to
                accept or reject the Dr. Xu et al.
              NED manuscript?
 
 | No | This function was performed by Dr. G. Lohnert,
Principal Editor of the Elsevier Journal of Nuclear
Engineering and Design. Dr. Lohnert has provided
sworn testimony to this effect to state that the
decision to accept was his and his alone and based
on the merits of the paper and in no way was he
influenced by Taleyarkhan et al. (2002,2004). 
 |    
          
            | New Energy Times notes the following: 1. Neither Taleyarkhan nor his co-authors made the test section (cell) used in the Xu/Butt replication. The test section was made by one of three glassblowers at Oak Ridge National Laboratory who had developed an understanding of and had the required skills to fabricate such test sections.  2. Taleyarkhan occasionally visited the School of Nuclear Engineering's loaned space at the pharmacy laboratory when Yiban Xu was performing the 
                replication experiments. However, Taleyarkhan states he was there on other business 
                with other students. The lab was not "Xu's lab." It was under the general direction of Lefteri Tsoukalas. Xu worked at one of several workstations within the so-called pharmacy lab. Taleyarkhan states that, during the five-month period when Xu was running the reported experiments (running a complete experiment from start to finish generally takes 8-10 hours), entry-exit logs required by the Nuclear Regulatory Commission show that Taleyarkhan was in the lab no more than a few minutes at a time for a total of no more than about two hours over the entire five-month period. 
               New Energy Timess Independence Assessment of Xu/Butt Replication: 5 points(See Criteria for Evaluating the Independence of Scientific Replications)
 
 At most, the Taleyarkhan group is guilty of  expressing its opinion - which may or may not be shared by others - that its work was independently replicated.    |    Source: July 28, 2008, Taleyarkhan C-22 Appeal/Rebuttal Report  
            
                | Additionally the following are pointed out: 
 • Two duly constituted Committees (the 12/15/2006 C-22 Inquiry Committee Report; and ONR-mandated Aug.27, 2007 Inquiry Committee Report) have unanimously concluded that there was no research misconduct for this category of allegation.
  • Referring to affidavits of Dr. Xu (1.31.08, para. 16), and Revankar (1.31.08, para.9) it is sworn by these two co-authors of their NED/NURETH-11 manuscripts that there was no involvement in any of the crucial aspects related to deriving observations of successful sonofusion results from an experimental confirmation study (as tabulated in Table 1).   Table 2 identifies the metrics developed by an earlier duly formulated 2006 C-22 Inq.C to show that there was no involvement nor participation in key aspects related to experiment design, setup, experiment conduct, data acquisition, detector usage and calibrations, data analyses and the drawing of conclusions.   There indeed was involvement and consulting assistance provided by the original discovery team members (Taleyarkhan, Cho, West, Lahey, Nigmatulin and Block) for test cell setup, and training on operation, as well as for review feedback, composition of manuscript and for reaching out to publishing bodies.   • Neither Taleyarkhan nor any other member of the original team was involved in the capacity of being a referee, nor as an editor with the authority to accept or reject the NED and NURETH-11 papers. All members of the original discovery team have provided sworn affidavits to this effect.   Therefore, while it is useful to point to areas where Taleyarkhan and colleagues were involved with the NED/NURETH-11 papers, it is equally important to point out the substantial and crucial areas where they were not. The NED work was a confirmation study, not an undertaking for reaching a novel discovery.  |  |