Document 7RYo4mJa9n3ZJvNkEOaxdNNvo

JUL-13-93 TUE 15M9 WILLIAMS & CONNOLLY 'R FAX NO. 2024345326 .k P. 02 STEVEN R. KUNEY, E S Q DAVID C. KIERNAN, ESQ. WILLIAMS & CONNOLLY 725 12th Street, N.W, Washington, D . c . 20005 Telephone: (202) 434-5000 BRUCE ALVERSON, ESQ. DAVID E. CLAYSON, ESQALVESSON, TAYLOR,* MORTENSON 5 NELSON 3821 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, ) 1 Plaintiff, ) ) vs. ) ) MONSANTO COMPANY, et al,, Defendants. ) ) ) _________________________________________) CV-S-89-555-LDG-LRL DEFENDANT GENERAL ELECTRIC'S NOTICE OF DEPOSITION TO FLUOR POWER SERVICES, INCORPORATED PLEASE t a k e 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 9 attached hereto. JUL-13-93 TIIE 15:49 WILLIAMS & CONNOLLY ** FAX NO. 2024345326 .k Dated; July 13, 1993 AX.VERSON, TAELOR, MORTENSON & NELSON j. Bruce Alverson, esq. WILLIAMS & CONNOLLY By. Steven R. Kuney 725 12th Street, Washington, O.C. 20005 2 JUL-13-93 TUE 15:50 WILLIAMS & CONNOLLY Ah FAX NO. 2024345326 k P. 04 CERTIHIC&TS-Qr-SmviCS 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 5 Manges 767 Fifth Avenue New York, New York 10153 J. Bruce Alverson, Esq. David R. clayson, Esq. Alverson, Taylor a Mortensen 3821 W. Charleston Blvd. Las Vegas, NV 89102 Frederick M. Baron, EsqBaron & 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 Merrsll c/o Jones, Jones, Close & 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 JUL-13-93 TUE 15:50 WILLIAMS & CONNOLLY A* FAX NO. 2024345326 .k P. 05 Fluor Power Services, Inc. ("Fluor") is commanded to produce the psrson(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, 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 FCBs. 7. The information possessed by Fluor between 1930 and 1978 relating to PCBs. a. The documents identified in Exhibit B* JUL-13-93 TUE 15:51 WILLIAMS & CONNOLLY ik FAN NO. 2024345335 L.k r, Ub 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, a s used herein, the term "document1* 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 ma. 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 (FCBs). (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 FCBs. 7. information possessed by Fluor between 1930 and 1978 relating to PCBs. BRADLEY & MERRELL c/0 JONES, JONES, CLO SE & BROWN, CHARTERED Seventh Floor -- Bank of Am erica Plaza 300 South Fourth Street Las Vegas, Nevada 89101*6026 (702) 385-4202 M ESSAG E FROM XERO X 7024: (702) 385-1655 DATE: --fu/i, 5 H f -------- T----- 7*-------------- TO: Sue Fogleboch FROM: f L u ./ f&fte FAX#: (702) 367-5629 PHONE #: (702) 367-5632 ________ CUENT/MATTER: Nevada Power v. Monsanto CLIENT/M ATTER NO.: 11927.2 DOCUM ENT(S) DESCRIPTION: NUM BER O F PAG ES (Including cover page): MESSAGE: THIS TELECO PY IS INTENDED ONLY FOR THE ADDRESSEE NAMED ABOVE. FTM AY CONTAIN INFORMATION THAT IS PRM LEGH3 AND CONFIDENTIAL. F YOU HAVE RECEIVED THE TELECOPY IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY T Q S 'HONE, DESTROYALL COPIES,AND DO NOT DISSEMINATETHE INFORMATION TO ANYONE. THANK YOU FOR YOUR ASSISTANCE. IF YOU EXPERIENCE PROBLEM S WITH THIS TRANSMISSION, please call (702) 385-4202 and ask for: Robert Osterloh, Ext. 615 M E S S A G E F R O M X E R O X 702*: (70g 3HH-16S5 3 /eT`? ^ r TO: Suo FoQlebooh FROM : ^ F A X #: PHONE sy______________ C U EN T /M A T T E R : Nevada Pow er v. M onsanto C U E N T / M A T T E R N O .: 1*1327.2 D O C U M EN T(S) D ESCRIPTIO N : (702) 367*5529 <702) 367*5632 NUMBER OF FAO ES (including covar paga): MESSAGE: IF Y O U E X P E R IE N C E P R O B L E M S WITH THIS TRAN SM ISSIO N , p lease call C^o2) 385*4202 an d ask far: Robert Ostertah, Ext- S i 5 TRANSMISSION REPORT THIS DOCUMENT WAS CONFIRMED (REDUCED SAMPLE ABOVE - SEE DETAILS BELOW) ** COUNT ** TOTAL PAGES SCANNED : 6 TOTAL PAGES CONFIRMED : 6 *** SEND *** No. REMOTE STATION START TIME DURATION PAGES MODE RESULTS 1 S. FOGLEBOCH 7-1*3-83 l:07PM 2*12" 6/ 6 EC COMPLETED 9600 TOTAL 0:02*12" 6 NOTE: No. OPERATION NUMBER 4-8 4-800BPS SELECTED EC ERROR CORRECT G2 G2 COMMUNICATION PD POLLED BY REMOTE SF STORE & FORWARD RI RELAY INITIATE RS RELAY STATION MB SEND TO MAILBOX PG POLLING A REMOTE MP MULTI-POLLING RM RECEIVE TO MEMORY