Document 3NqrNvRb2mNROKdd8avGgBx2a
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.. 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 . ______________________________ ._____________________________________
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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.
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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.
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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
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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
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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