Document 08ZOyGwOOGJK6oY0nvXY2b0d

I/* Telephone: (702) 385-4202 cB/oRJAonDesL, EJoYnes&, CMloEseR&REBrLowLn 300 South Fourth Street, Seventh Floor Las Vegas, Nevada 89101-6026 Fax: (702) 385-1655 July 12, 1993 Via Fax . Konrad Cailteux, Esq (212) 310-8007 Re: Nevada Power Company v. Monsanto Company, et al. USDC, District of Nevada Case CV-S-89-555-LDG (LRL) Dear Konrad, Enclosed are the references to dioxin and furan documents .mentioned in the Bair/Bickerstaff memos and related documents which you and Paul discussed during this afternoon's phone conference. Footnote 2 to our response brief lists several documents which Westinghouse has provided in response to Nevada Power's motion for default. The footnote refers to documents some of which to our knowledge have not been produced. For example, we have not seen any dioxin-furan health hazard training documents. Please let us know the bates numbers of these documents if they h a v e been provided, or alternatively when they will be provided. Sincerely, BRADLEY & MERRELL I DNM:bms DEBORAH N. MAILNDER dnm\nvpowcrVcor\c*iltcux.101 P:\USERS\DNH\NVP0WER\ k 1 J. RANDALL JONES, ESQ. CHARLES H. McCREA, S R . , ESQ. 2 DOUGLAS M. COHEN, ESQ. JONES, JONES, CLOSE 3 & BROWN, CHARTERED 700 Bank of America Plaza 4 300 South Fourth Street Las Vegas, Nevada 89101-6026 5 Telephone: (702) 385-4202 6 RALPH A. BRADLEY, ESQ. PAUL E. MERRELL, ESQ. 7 BRADLEY & MERRELL C / O JONES, JONES, CLOSE 8 & BROWN, CHARTERED 700 Bank of America Plaza 9 300 South Fourth Street Las Vegas, Nevada 89101-6026 10 Telephone: (702) 385-4202 11 Attorneys for Plaintiff NEVADA POWER COMPANY 12 a Nevada corporation u (jo 13 14 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 15 16 NEVADA POWER COMPANY, etc., 17 Plaintiff, 18 vs. 19 MONSANTO COMPANY, etc., et al., 20 Defendants. 21 ) ) ) ) ) ) ) ) ) ) CASE CV--S--89-- 555--LDG (LRL) RESPONSE OF PLAINTIFF NEVADA POWER COMPANY TO MARCH 22, 1993 MOTION OF WESTINGHOUSE ELECTRIC CORPORATION FOR PROTECTIVE ORDER 22 Plaintiff Nevada Power Company ("Nevada Power") replies to the 23 "Motion of Westinghouse Electric Corporation for Protective Order" 24 (hereafter, "Westinghouse motion"), served March 22, 1 993".1 The 25 1 The Westinghouse Motion incorporates major portions of 26 Westinghouse's "response to Nevada Power Company's motion for entry of default against defendant Westinghouse Electric Corporation for 27 malicious destruction of 'smoking gun ' evidence to prevent its disclosure in litigation," and of Westinghouse's "response [sic] 28 Westinghouse Electric Corporation's response to plaintiff's March 22,  t .i 1 page 1. EXHIBIT n4 n was not before the Texas Court, but clearly 2 carries the proof beyond mere planning into actual destruction of 3 evidence. . . . 4 See id. (Westinghouse Industrial Hygiene staff "are currently 5 discarding documents"). 6 Thus, Nevada Power has presented a prima facie case of 7 evidence destruction, shifting to Westinghouse the burden of 8 proving that the evidence was not destroyed. As only one example 9 of the importance to this case of the Westinghouse evidence slated 10 for destruction, those documents specifically included "dioxin11 furan health hazard training" procedures and guidelines issued by 12 Westinghouse for protection of its own workers, documents extremely 13 relevant to Nevada Power's causes of action sounding in failure to 14 warn and in fraud by omission. EXHIBIT "l" at page 5.2 15 The lengths to which Westinghouse will go in order to 16 keep such evidence away from Nevada Power is illustrated by th 17 troubling omission of the dioxin-furan procedure document -- 18 specifically identified as a tabbed appendix to the "smoking gun" 19 20 21 2 See also Appendix 1 in support of Westinghouse Electric Corporation's response to Nevada Power Company's motion for entry of 22 default, pages WIH 0127 (Westinghouse attorney notes describing at least two file cabinet drawers that contained information on 23 dioxins) (top drawer contained "literature file re dioxins, training books;" third drawer contained "various doc's re training in handling 24 of various chemicals (dioxin, etc.)); health hazard"); WIH 0249 (drawer contained "training manuals -- 'dioxin/furan health h a z . 25 training"); WIH 0280 (22-page document at issue included as "Tab 7 -- Procedure doc -- 'dioxin-furan,..."); WIH 0314 (2nd file drawer in 26 cabinet contained "Literature references on chemical substances, i.e., . . . dioxin"); WIH 0320 ("File: i.e., dioxin/furan health 27 hazard training" next to "File PCB: i.e., investigation & control of contamination from transformer incidents"); and WIH 0361 (safe 28 practice data sheet D-5 for "dioxins"). 6 BRADLEY & MERRELL JONES, JONES, CLOSE & BROWN, CHARTERED Seventh Floor -- Bank of America Plaza 300 South Fourth Street Las Vegas, Nevada 89101-6026 (702) 385-4202 MESSAGE FROM XEROX 7024: (702) 385-1655 DATE: "T" / v /'V /7 TO: KoC FAX #: PHONE #: FROM: CLIENT/MATTER: Nevada Power v. Monsanto CLIENT/MATTER NO.: 11927.2 DOCUMENT(S) DESCRIPTION: NUMBER OF PAGES (including cover page): MESSAGE: // /> 'z t THIS TELECOPY IS INTENDED ONLY FOR THE ADDRESSEE NAMED ABOVE. IT MAY CONTAIN INFORMATION THAT IS PRIVILEGED AND CONFIDENTIAL. IF YOU HAVE RECEIVED THE TELECOPY IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE, DESTROY ALL COPIES, AND DO NOT DISSEMINATE THE INFORMATION TO ANYONE. THANK YOU FOR YOUR ASSISTANCE. IF YOU EXPERIENCE PROBLEMS WITH THIS TRANSMISSION, please call (702) 385-4202 and ask for: Operator, Ext. 615 i __________________________________ . k. B R A D L E Y &. M E R R E LL JO N ES, JONES, CLOSE & BROW N. CHARTERED Seventh Floor -- Bonk of America Plaza 3 0 0 SoutIt Fourth Street Las Vegasr Nevada 8 9 1 0 1 - 6 0 2 6 (7021 3 8 5 - 4 2 0 2 M E S S A G E F R O M X E R O X 7 0 2 4 : <7Qg) 355^-1 5 5 DATE: TO: /fo^ri sl Oes { j'-fec^y FROM: /^pJ' 1 zncO?' ~ F A X IF: PH O N E IF: CLIENT/MATTER; Nevada Power v. 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