Document 3Jpp3VOqVoaV8Rja8OnZVga2J

& Ilk MEMORANDUM TO: FROM: RE: DATE: Bill Snyder (Via Telefax) Paul M e r r e l l ^ ^ ^ ^ ^ 2'Nevada Power Company v. Monsanto Company, et al July 14, 1993 Would you please contact David McCrea as soon as he resurfaces and inquire whether he could defend the attached deposition in Chicago? We are spread nearly to the breaking point on that date. The most important thing to develop in questioning would be any evidence that Fluor Corporation relied on information from the defendants when they recommended equipment purchases for Nevada Power. PEM:dd Enc. cvg\cor\mydcrjn01 JUL-13-9? TUE 15:49 WILLAHS & CCNNOLLY FAX NO. 2 0 ^ 5 3 2 8 P. 02 STEVEN R . KUNEY, ESQ. DAVID C. KERNAN, ESQ. WILLIAMS & CONNOLLY 725 12th Street, N.W. Washington, o . c . 20005 Telephone: (202) 434-5000 .f 0 >SSK!M c o p y BRUCE ALVERSON, ESQ. DAVID R. CLAYSON, ESQ- ALVERSON, TAYLOR, MORTENSON fi NELSON 3621 West Charleston Blvd Las Vegas, Nevada 89102 Telephone: (702) 384-7000 Attorneys for Defendant GENERAL ELECTRIC COMPANY UNITED STATES DISTRICT COURT DISTRICT OF NEVADA NEVADA POWER COMPANY, ) Plaintiff, VS. MONSANTO COMPANY, et al., Defendants. ) ) } ) ) ) ) ) _____________________________________________ ) CV-S-89-5S5-LDG-LRL DEFENDANT GENERAL ELECTRIC'S NOTICE OF DEPOSITION TO FLUOR POWER SERVICES, INCORPORATED PLEASE TARE NOTICE that defendant General Electric Company will take the deposition of FLUOR POWER SERVICES, INC,, by the person(s) most knowledgeable about the subjects listed on Exhibit A attached hereto, at 10:00 a.m., Friday, July 23, 1993, in Chicago, Illinois, at a location to be determined. The depo nent is commanded to produce at the deposition (or in advance of the deposition) the documents described on Exhibit 3 attached hereto. JUL-13-93 TUE 15;49 NILI^AHS & CONNOLLY FAX NO. 2 0 2 ^ 5 3 2 6 P. 03 \ Dated: July 13, 1993 ALVERSON, TAYLOR, MORTENSON 6 NELSON J. Bruce Alverson, Esq. WILLIAMS & CONNOLLY By Steven R. Kuney 725 12th street Washington, D.C. 20005 2 JUL-13-93 TUE 15:50 WILIAMS & CONNOLLY FAX NO. 2 0 ^ 5 3 2 5 P. 04 CERTIFICATE .5F .SERVICE I hereby certify that on the 13th day of July, 1993 the foregoing Notice of Deposition was served by facsimile on counsel as follows: Bruce A. Featherstone. Esq, John H. Tatlock, Esq. Kirkland & Ellis 1900 Broadway, Suite 4000 Denver, CO 80202 John L. Thorndal, Esq. Peggy A. Leen, Esq. 1100 East Bridger Avenue P.O. Drawer 2070 Las vegas, NV 89125-2070 Arvin Maskin, Esq. Konrad L. Cailteux, Esq. Weil, Gotshal & Manges 767 Fifth Avenue New York, New York 101S3 J. Bruce Alverson, Esq. David R. Clayson, Esq. Alverson, Taylor & Mortensen 3821 W. Charleston Blvd. Las Vegas, NV 89102 Frederick M. Baron, Esq. Baron a Budd 3102 Oak Lawn Avenue Suite 1100 Dallas, Texas 75219 David McCrea, Esq. McCrea & McCrea P. O, BOX 1310 Bloomington, IN 47402-1310 Ralph Bradley, Esq. Paul E. Morrell, Esq. Bradley a Morrell c/o Jones, Jones, Close a Brown 300 south Fourth Street 7th Floor Las Vegas, NV 89101 Michael T. Gallagher, Esq. Fisher, Gallagher a Lewis, L.L.P. 1000 Louisiana, 70th Floor Houston, Texas 77002 Robert JUL-13-93 TUE 15:50 WILIAMS & CONNOLLY FAX NO. 20g*345326 P. 05 - EXHIBIT A. Fluor Power Services, Inc- ("Fluor") is commanded to produce the pacson(s) most knowledgeable about the following subjects- unless otherwise specified, the subjects concern the time period from 1930 to 1978. The term "Nevada Power Company" includes any predecessors in interest of that entity, including Southern Nevada power Company- 1. Any work performed by Fluor on behalf of Nevada Power company involving the design or construction of electrical generation, transmission, or distribution facilities. 2. Any work performed by Fluor on behalf of Nevada power Company involving the recommendation, specification, or acquisition of electrical transformers or capacitors. 3. Any work performed by Fluor on behalf of Nevada Power Company involving the recommendation, specification, or acquisition of the dielectric fluid for electrical transformers or capacitors. 4. Any communications between Fluor and Nevada Power Company relating to electrical transformers or capacitors. 5. Any communications between Fluor and Nevada power Company from 1930 to the present relating to dielectric fluid containing polychlorinated biphenyls (PCBs). (Such fluid was marketed under various trade names including Aroclor, Fyranol, inerteen, and was known genorically as askarel.] 6. Any communications between Fluor and General' Elec tric Company, westinghouse Electric corporation, or Monsanto Company relating to dielectric fluid containing PCBs. 7. The information possessed by Fluor between 1930 and 1978 relating to PCBs. s. The documents identified in Exhibit B. JUL-13-33 TUE 15:51 WILLIAMS & CONNOLLY t k. FAX NO. 2024345326 ?. 36 - EXHIBIT B Fluor Power Services, Inc. ("Fluor") is commanded to produce all documents in its possession, or the possession of its agents or employees, that evidence> reflect, or relate to the subjects enumerated below, as used herein, the term "document" includes all "writings," "recordings," and "photographs," as those terms are defined in Rule 1001 of the Federal Rules of Evidence. The term "Nevada Power Company" includes any predecessors in Interest of that entity,- including Southern Nevada Power Company. Unless otherwise specified, these requests concern documents created or acquired by Fluor between 1930 to 197a. 1. Any work performed by Fluor on behalf of Nevada Power Company involving the design or construction of electrical generation, transmission, or distribution facilities. 2. Any work performed by Fluor on behalf of Nevada Power Company involving the recommendation, specification, or acquisition of electrical transformers or capacitors. 3. Any work performed by Fluor on behalf of Nevada Power Company involving the recommendation, specification, or acquisition of the dielectric fluid for electrical transformers or capacitors. 4. Any communications between Fluor and Nevada Power Company relating to electrical transformers or capacitors. 5. Any communications between Fluor and Nevada Power Company from 1930 to the present relating to dielectric fluid containing polychlorinated biphenyls (PCBs). (Such fluid was marketed under various trade names including Aroclor, Pyranol, Inerteen, and was known generically as askarel.) 6. Any communications between Fluor and General Elec tric Company, Westinghouse Electric Corporation, or Monsanto Company relating to dielectric fluid containing PCBs. 7. information possessed by Fluor between 1930 and 1978 relating to PCBs. . Efc. _k BRADLEY & MERRELL c/0 JONES, JONES, CLOSE & BROWN, CHARTERED Seventh Floor -- Bank of America Plaza 300 South Fourth Street Las Vegas, Nevada 89101-6026 (702) 385-4202 M E S S A G E FROM X E R O X 7024: (702) 385-1655 DATE: _______ _________________ TO: Bill Snyder FAX#: (615) 791-6567 FROM: rouu t utM /jy PH O N E #: (615) 791-6625 CLIENT/MATTER: Nevada Power/Monsanto CLIEN T/M A TTER NO.: 11927.2 D O C U M EN TS) DESCRIPTION: 7 ) W ) V N UM BER O F PAGES (including cover page): MESSAGE: THIS T ELECO PY IS IN TEN D S) O N LY FO R TH E ADD RESSEE NAMED ABOVE. TT M AY CONTAIN INFORMATION THAT IS P R M LE G S )AND CONFIDENTIAL IFYO U HAVE R ECBV ED TH E TELECO PY IN ERROR, PLEA SE NOTIFY U S IMMEDIATH.Y B Y T S E P H O N E , DESTROY A LL CO PIES, AND DO NOT DISSEMINATE TH E INFORMATION TO A N YO N E THANKYO U FO R YO U R ASSISTANCE. IF YOU EXPERIENCE PROBLEMS WITH THIS TRANSMISSION, please call (702) 385-4202 and ask for: Robert Osterloh, Ext. 615 ME8SAG FWOM XEROX 708^: C7Pg) 3B5~16SB DATE:_______________________________________________ TO: Bill Snyder FAX *SI PHONE #: (615) 791-6567 (615) 791-6625 FROM: CLIENT/MATTER: Nevada Power/Monaanto CUENT/MATTEH NO.: 11027.2 DOCUMENT(S) DESCRIPTION: ^ NUMBER OF PAGES <lncludlna cover paga); MESSAGE: IZ. RRMlfQBDMOl IF YOU EXPERIENCE PROBLEMS WITH THIS TRANSMISSION, please call (7 0 2 ) 3 8 5 - 4 2 0 2 and ask tor: Robert Oatarloh. Ext. 6 1 5 TRANSMISSION REPORT THIS DOCUMENT WAS CONFIRMED (REDUCED SAMPLE ABOVE - SEE DETAILS BELOW) * * COUNT * * TOTAL PAGES SCANNED : 7 TOTAL PAGES CONFIRMED : 7 *** SEND *** No. REMOTE STATION 1 BILL SNYDER START TIME 7-14-83 10:18AM DURATION #PAGES 4 '16" 7/ 7 MODE NOTE : No. OPERATION NUMBER PD POLLED BY REMOTE MB SEND TO MAILBOX 48 SF PG TOTAL 0=04'16" 7 4800BPS SELECTED EC STORE & FORWARD RI POLLING A REMOTE MP ERROR CORRECT RELAY INITIATE MULT I-POLLING RESULTS COMPLETED 9600 G2 : G2 COMMUNICATION RS : RELAY STATION RM : RECEIVE TO MEMORY