Donald Bernard

1 A. I can contact him, yeah. 2 Q. Okay. Um, and are you still with 3 Franklin Power today? 4 A. No. Franklin Power was merged or it 5 was terminated, and the business was taken over by 6 Glacial. 7 Q. When did that happen? 8 A . I would think it would have been around 9 two thousand and around 2005 10 Q. What was it11 A. roughly. 12 Q. How was it terminated? 13 A. Business was -- the company itself? 14 Q. Yeah. 15 A . I don't recall now how it was terminated; 16 it just the assets were were contracts and 17 they ran out, and then Glacial picked up the 18 contracts. So I don't know what happened to to 19 Franklin Power. As far as terminating it? Is 20 that what you're asking? 21 Q. I don't know what "terminating" means. 22 A. Well, I don't even I don't know what 23 you're asking. 24 Q. Was it - did it go bankrupt? 25 A. Oh, no. Page 85 1 Q. Okay. But its assets were sold? 2 A. No. They were contracts that * 3 Q. Okay. 4 A. were completed 5 Q. Okay. 6 A. and the purpose for which it was set 7 up was finished. 8 Q. What was the purpose for which it was set 9 up? 10 A. Selling power 11 Q. Okay. 12 A. buying and selling power. 13 Q. Who were the contracts with? 14 A. Well, there were numerous contracts to 15 commercial and res and commercial and 16 business users. 17 Q. Okay. So they were all completed? 18 A. They were completed. 19 Q. Okay. And then Franklin Power took them 20 over? 21 A. No22 Q. Or Glacial took over 23 A. - Glacial 24 Q. Okay. 25 A. started with new contracts. Page 86 1 2 3 4 5 6 7 Q. Okay. Doing the same thing? A. Yes. Q. Okay.. A. A different business model, but in the same general business. Q. Did you own shares in ~ when it was Energy West or when it was Franklin Power?

8 A. No. 9 Q. You didn't have any were any shares 10 given to you? 11 A. No. 12 Q. How about when it became Glacier ~ 13 Glacial Power? 14 A. Yes. 15 Q. You own shares now. How many shares do 16 you own? 17 A. I don't know the number. It's--I 18 already testified that we had about 35 percent 19 interest. 20 Q. Okay. And is Mole the only other 21 shareholder in the company? 22 A. There he, and then a smaller portion 23 is owned by one other shareholder. 24 Q. What percentage? 25 A. About 15 percent. Page 87

1 Q. Who is that? 2 A. That's Peter Koeck. 3 Q. When did he buy into it? 4 A. That would have been around I think 5 about 2005. 6 Q. Okay. How much money did he buy into it 7 with? 8 A. I don't recall that there's any purchase 9 money used. 10 Q. How did he purchase that 10 percent 11 interest, then? 12 A. Did you say 10 percent? 13 Q. The the - did I thought you told 14 me it was about 10 percent. 15 A. No, 15. 16 Q. Okay, I'm sorry. 15 percent. 17 A.. Yes. 18 Q. Okay. 15 percent interest is Peter 19 Koeck? 20 A. Yes. 21 Q. How did he acquire that 15 percent 22 interest? 23 A. It was compensation for a loan that he 24 had made. 25 Q. What loan did he make? Page 88

22 (Pages 85 to .88) Charles Fisher Court Reporting, Inc. 503 E. Mendenhall, Bozeman, MT 59715 (406) 587-9016

Donald Bernard
1 A. I I don't recall the exact amount, but 2 he made a loan. 3 Q. When? 4 A. About 2005-5 Q. Okay. 6 A. - I believe. 7 Q. And you don't know the amount? 8 A. I don't recall the amount. 9 Q. Can you guess? Five dollars? 10 A. I can't guess. 11 Q. A million dollars? 12 A. I can't speculate on that. I I just 13 don't know. 14 Q. Where is that information? 15 A. I would imagine that the company has it. 16 Q. Okay. And you have access to it? 17 A. No. I'm an adviser to that company; I 18 don't have access to its books. 19 Q. Okay. Can you get that information for 20 me? 21 A. I don't know if I can get it, but you'll 22 have you can talk to my attorney about it. I 23 --1 -24 Q. Someone knows ~ 25 A. don't know if I can get it. Page 89 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. Someone knows at the company? A. Someone probably would know, yes. Q. Okay. If you you and your wife have 35 percent? A. Yes. Q. Okay. Do you own those shares jointly? A. Well, for the family, yes. Q. What does that mean? A. That it that means it's for my family. Q. Whose name is on the shares? A. They're being held just in for me and my wife, my son--one son. Q. So whose name is on the shares? A. They're held under an agreement with the company and I don't know diat they've actually been issued, is my agreement, and that would be about 35 percent. Q. So they're not you don't have shares in your name? A. No. Q. Okay. Are there shares in your wife's name? A. No. Q. Okay. Are there shares in anyone's A. No. Page 90 1 Q. ~ name that you're related to? 2 A. No. 3 Q. Okay. The company owns the shares? 4 A. No. They're they're they haven't 5 handed us share certificates, no. 6 Q. Okay. So, why not? 7 A. Because we have an agreement with them to 8 hold that interest for us. 9 Q. What's the why why are they holding 10 it for you? 11 A.. We just set it up that way. 12 Q. Why? 13 A. We wanted it to be held for our benefit, 14 and there's no reason to issue actual shares, as 15 far as I know. 16 Q. Okay. So you don't want the shares in 17 your name? 18 A. We can have any time we want them, but we 19 have an agreement for this 35 percent. 20 Q. Is that a written agreement? 21 A. Yes. 22 Q. Who is it with? 23 A. Gary Mole. 24 Q. The two of you signed it? 25 A. Yes. Page 91 1 Q. Okay. Where is it? 2 A. He has a copy there and I have a copy. 3 Q. Okay. What other companies are you 4 affiliated with in any way? 5 A. I'm not affiliated with any other 6 companies, other than the Glacial companies that I 7 mentioned to you. The mining operation, of 8 course, is a part of it, and that's under the LLC. 9 Q. What other companies? 10 A. The subsidiary name is Gemico, but it's 11 all part of the same thing. So when you say, 12 "other," are you referring to other in Glacial? 13 Q. Well, Gemico is a sub of Glacial 14 A. Yes. 15 Q. ~ is that your testimony? 16 A. Yes. 17 Q. Okay. And then there's another sub of 18 Glacial, or is there only one sub of Glacial? 19 A. Only one sub. 20 Q. Okay. And that is Gemico 21 A. Mm-hmm. 22 Q. and that's the mining company? 23 A. Yes. 24 Q. Is that correct? 25 A.. Yes. Page 92

23 (Pages 89 to 92) Charles Fisher Court Reporting, Inc. 503 E. Mendenhall, Bozeman, MT 59715 (406) 587-9016