Document 3NqrNvRb2mNROKdd8avGgBx2a

SENT b y : XEROX Telecopier 70171 7-20-93 11:37AM ! .. 701 Pennsylvania Aw^nus. N,W. ^ Washington D.C. 20004*2696 Telephone 202-508-5000 2Q25Q85786- BRADLEY AND MERRELLItf 1 c=v E d is o n E l e c t r ic INSTITUTE OFFICE OF GENERAL COUNSEL July 2 0 ,1 9 9 3 FACSIMILE COVER SHEET This facsim ile is TO: PAUL MERRELL, ESQ. Company name: BRADLEY & MERRELL Facsimile number: (702) 385-1655 This facsim ile is FROM: JOSEPH T. YOST Telephone number: (202) 508-5104 Number of pages, including cover sheet; 7 COMMENTS: Paul: I am endasing a draft copy o f our objection to M onsanto's subpoena and motion to quash. Please give me a call at your earliest convenience to discuss this matter further. Thank you, Joe NOTICE OF CONFIDENTIALITY: The document conveyed by this facsimile transmission Is intended only for the use of the individual, or entity named on this cover sheet. The enclosed document maty contain Information that is privileged, confidential and exempt from disclosure under applicable law. If you are not the Intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this facsimile in error, please notify us immediately so that we can arrange for the return of the facsimile document to us at no cost to you. Thank y o u . ______________________________ ._____________________________________ SENT BY! XEROX Telecopier 7017! 7-20-93 :T7 :38AM : 2025085736- BRADLEY AND MERRELLI# 2 DRAFT United States District Court for the District of Columbia NEVADA POWER COMPANY Plaintiff, V. MONSANTO COMPANY, et al., Defendants. ) ) ) ) ) Case No. CV-S-555-LDG (LRL) ) Pending In the U.S. District Court ) fo r the District of Nevada ) ) ) ) ) E d is o n E l e c t r ic I n s t it u t e OBJECTION TO SUBPOENA DUCES TECUM AND MOTION TO QUASH Pursuant to Rules 45(c), and 30(b)(6) o f the Federal Rules of Civil Procedure, the Edison Electric Institute (EEI), a non-party in the above-captioned litigation, objects to the subpoena duces tecum served upon it by Monsanto Company (Defendant) on July 13,1993. A copy of the subpoena served on EEI Is attached hereto as Exhibit A. In the particulars set forth below, EEI objects on the grounds that Defendant failed to conform to the requirements of Federal Rules of Civil Procedure. Furthermore, EEI expressly reserves its rights to raise any and a!f other further objections to this subpoena, including, but not limited to, objections pursuant to Rules 26(c) and 45(c)(3)(B).1 1. EEI, a Virginia nonstock corporation headquartered In W ashington, D.C., at 701 Pennsylvania Avenue, N.W., is the association of America's electric utility companies. EEI member companies serve 99 percent of all customers served by the investor-owned segment of the industry. EEI member companies generate approxim ately 78 percent o f all the electricity In America and service 76 percent o f all ultimate customers In the nation. SNT b y : XEROX Telecopier 7017; 7-20-83 :i1:38AM ! * Ml , draft 2Q250857B6-* BRADLEY AND MERRELL# 3 2. Defendant Is one party to a suit filed by Nevada Power Company, a member of EEI, in an action pending In the United States DlBtrlct Court fo r District of Nevada. 3. Rule 45(c) of the Federat Rules o f Civil Procedure requires tha t a subpoena "allow reasonable tim e for compliance" and not Usubject[] a person to undue burden." 4. Rule 30(b)(6) of the Federal Rules of Civil Procedure requires that a subpoena must "describe with reasonable particularity the matters on which examination Is requested.11 5. Defendant served the attached subpoena via personal service on July 13,1993. Defendant seeks to com pel EEI to produce and permit Inspection and copying of a broad range of documents or objects aft EEPs offices o h July 22,1993. 6. Defendant's discovery request appears to violate the scheduling . order and litigation plan governing this case. A copy of the scheduling order and litigation plan Is attached hereto as E xhibit B. Paragraph 1 of the governing scheduling order establishes May 14, 1993r as the cut-off date fo r serving "all written discovery requests, including interrogatories, requests to produce documents and requests for admissions.11 The instant subpoena was served over two months after that deadline. 7. The subpoena violates Rule 45(c) because seven working-days notice is Insufficient time to afford EEI the opportunity to appropriately analyze this open- ended and vaguely worded subpoena, searchfor and locate all documents responsive to Defendant's demand, or to coordinate the proposed deposition with the travel schedule of EEI's custodian of records.1 8. The subpoena violates Rule 30(b)(6) because Defendant's request for production o f documente lacks adequate specificity to allow EEI to identify all responsive documents with any reasonable degree o f certainty. 1 Further, Paragraph 4 of the scheduling order establishes July 23,1993, as the cut-off date for deposing all "fact witnessfes]," apparently giving rise to the. deposition date proposed by Defendant. However, EEI responded to a previous subpoena duces tecum In this case prior to December 1 4 ,19B9. A copy of EEI's letter to counsel fo r W estlnghouse Electric Corporation, a co-defendant represented by the - same firm as Defendant Monsanto, dated December 14,1989, Is attached hereto as E xhibit C. EEI has not since heard from any party that It would be called as a Mn&asL .Tharafora, .theinsufficient xBspomeMmB..aiM^suhpQan&. is particularly egregious. SENT b y : XEROX Telecopier 7017! 7-20-83 11:39AM i M' i DRAFT 2025005786-* BRADLEY AND MERRELLi# 4 Si WHEREFORE! pursuant to Rule 45(c) of the Federal Rules of Civil Procedure, third-party deponent EEI objects to this subpoena and moves that It be quashed. Dated: July 21,1993 Edward H. Comer Deputy General Counsel Peter B. Kelsey Vice President, Law and Corporate Secretary Edison E lectric In stitu te 701 Pennsylvania Avenue, N.W. W ashington, D.C. 20004-2696 (202) 508-5620 SENT b y : x e r o x Telecopier 7017; 7-20-83 ;11:39AM ! Ak DRAFT 2025085786- BRADLEY AND MERRELL!# 5 2. CERTIFICATE OF NOTICE The undersigned certifies that a copy of the foregoing objection and motion to quash of Edison Electric Institute to the subpoena duces tecum Issued by Defendant was mailed, first class mail, postage prepaid, or sent via Federal Express overnight delivery (as indicated) this 21st day of July, 1993, to the following counsel for parties to the above-captioned proceeding. Douglas B. Snyder, Esq. Weil, Gotshal & Manges 1615 L Street, N.W, Washington, D.C. 20036 (202) 682-7000 Laurie A. Basch Weil, Gotshal & Manges 767 Fifth Avenue New York, NY 10153 (212) 310-2384 Counsel fo r Monsanto Company via hand delivery via facsim ile transmission Paul E. Merrell, Esq. Bradley & Merrell cfo Jones, Jones, Close & Brown 300 South Fourth Street, Seventh Floor Los Vegas, Nevada 89101-6026 (702)835-4202 Counsel for Nevada Power Company Edward H. Comer SENT b y : XEROX Telecopier 7017! 7-20-93 :ii:0AM ! 4k Z025085786- BRADLEY AND HERRELL!# 6 (2 EDISON ELECTRIC T h e association of electric companies 111116th Strist, N.W. Washington. D.c. 20036*3991 Tel: (202) 770*8400 December 14, 1989 Eric Ordvay, Esq. Well, Gotshal & Hanges 767 Fifth Avenue New York, New York 10163 RE: Nevada Power Company v. Monsanto company, et_^ C V -B -e9-555-L D G -L R L Dear Hr. Ordway; This is to inform you that the cost of providing documents pursuant to the subpoena served on EEI in the above captioned proceeding, including copying costs at $ .25/page, shipping by Federal Express, and overtime for EEI employees, is $ 2,128.81; A breakdown of costs Is enclosed for your convenience. Please remit your payment, made payable to Edison Electric Institute and sent to my attention, as soon as possible. EKCsjlt Enclosure Edvard H. Comer Associate General Counsel Industry Affairs S E N T BY!f X E R O X T el ec o pi er 7017! 7-20-83 1 1 :4.0AM ! 20250S5786- BRADLEY AND MERRELLJ# 7 .k Nevada Power Co. v. Monsanto Material Provided PAGES EE I Committee Documents EEX Committee Directories 10 Printed Directories 53 79 $1.50 each Microfiche Documents bad copies (microfiche) 172 109 131 7 File Documents EPA Report 4467 724 Statutory Authorities for Federal Regulation of Groundwater Oualitv (Two Volumes; 1985 ed.) Volume 37 Volume II 2 Groundwater - Emerging legues for the Electric Ptllltv Industry 122 How Clean is Clean? Claan-up Standards for Groundwater and Soil #06--1 6 -5 4 How Clean is Clean?__Claan-up Standards for Groundwater and Soil (exp. edition) #06-88-71 The Effects of Groundwater Oualitv on Groundwater U bs and SutjdIv TWO vols. #06-67-81 State Programs for Groundwater Oualitv Manaoement Vol- I and II #06-87-58 State Programs for Groundwater Quality Manacremant Vol. I and II (Copied) Issues Manacrement - Lea sons from Suuerfund anfl-RCRft EEI Eaclovaa Overtime Janet Trautvetter Raymond Wilson COST $ 13.25 $ 19.75 $ 15.00 $ 43.00 27.25 32.75 1.75 $1121.75 $ 181.00 $ 9.25 15.50 $ 30.50 $. 50.00 $ 50.00 $ 60.00 $ 50.00 $ 50.00 $ 25.00 $ 43.06 $ 29.67 Fostage/Shlpplng $ 260.33 TO3L S 2.128,81