Document 9Loy7rY8kq6kJ4aRYvgm3rZ3V

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Y O U E X P E R I E N C E P R O B L E M S W I T H T H I S I j R A N S M I S S I O N , p i e a s a c a l l 7 0 2 ) 3 8 5 - 4 2 0 2 a n d o a k f o r ; R a b a r c O e t o r t o h , E x t - a i a / TRANSMISSION REPORT I THIS DOCUMENT WAS CONFIRMED (REDUCED SAMPLE ABOVE - SEE DETAILS BELOW) ** COUNT ** TOTAL PAGES SCANNED : 5 TOTAL PAGES CONFIRMED : 5 *** SEND *** No. REMOTE STATION START TIME DURATION #PAGES 1i MODEi RESULTS 1 607 770 8623 7-30-93 9:43AM 3'19" 5/ 5 COMPLETED 7200 NOTE : No.: OPERATION NUMBER PD ' POLLED BY REMOTE MB : SEND TO MAILBOX TOTAL 0:03'19" 5 48 : 4800BPS SELECTED EC : ERROR CORRECT SF : STORE & FORWARD R1 : RELAY INITIATE PG = POLLING A REMOTE MP : MULTI-POLL!ING I G2 : G2 COMMUNICATION RS : RELAY STATION RM : RECEIVE TO MEMORY 07/30/95 12:11 607 770 8623 Schecter SUNY _001 BRADLEY & (VIERR ELL JONES, JONES, CLOSE & BROWN, CHARTERED Seventh Floor - Bank of America,Rlaza BOO South Fourth Street Las Vegas, Nevada 89101-6026 (7021 385*4202 M ESSAG E PROM XEROX 7024: 1702)1385^1655 DATE: A in I f /W S FA X : Cttty 7 ^ 0 'U ^ S ' ,| : PHONE 776 't f M tytliwh. $vajJo CLIENT/MATTER: Nevada Power v. Monsanto CUENT/MATTER NO.l 11927.2 DOCUMENTISI DESCRIPTION: 'Vwfi- 'ktfHiv.tVM jdtffck$ v ^ NUM BER OF PAGES (including cover page): M *SSAG:''Pr. ifi ha.M. revii^'fhi dr*&- UnvjMvJs.f IUljftah. btn TH IS 1 t l k c o r r til INTENDED ONLY FOR THE PDORESSCE N A M E D ADD V I . IT M A Y C O N T A IN INEO R M A TIO N THAT IS U V IIE C S O AND CONFIDENTIAL If YOU H A V E RECEIVED T H I TELECOPY IN ERROR. PlEA B E NOTIFY U S IMMEDIATELY BY TELEPHONE, d e st r o y all c o p e s , a n d d o n d t o is s e m in a t s th e in fo r m a t io n to a n y o n e , t h a n k y o u f o r y o u r a s s is t a n c e . ;! IF YOU EXPERIENCE PROBLEMS WITH THIS TRANSMISSION, Please call (7021 385-4202 and ask for: Operator, Ext, 615 (pLea.^ t\0*~ l u o u c t ! -t-o \ - F W 5'- 57S-CAPtOcft Uitf v 07/30^93 12:11 607 770 8623 Schecter SUNY .002 N e v a d a P o w e r Company y. M o n s a n t o C o . . et _al. Casa No. CV-3-09-555-LDG-LRL PRETRIAL WITNESS STATEMENT Or. Arnold Schecter 88 Aldridge Avenue Binhamton, New York 13903 SUMMARY OF TESTIMONY I U.vO1*" '7 Dr. Schecter ia a medical and scientific authority on th e aoe u nujrtitrtoi- of- pea, r e s i d u e s j n d c l o s e l y r e l a t e d P C D D a n d P C D F residues in human tissues in industrialized 1 as wall as [** :I i n d ustrialized nations. Dr. Schec t e r has demo t e d over 10 y e a r s 1 h t V * ! a Wifi. t i m e t o t h e study of P C B b , P C O D s and P C D F g with patients. Dr. ' Schecter has been an advleor/conaultant to the World Health organization (WHO), US. Environmental Protection Agency (EPA), and i I the Agency for Toxic Diseases and Subtanco Reg iptry for the centers for Disease Control (CDC). In addition. Dr. 1 S c h eic t*e r iv\d conducts o n g o i n g r e s e a r c h in the u n i t e d s t a t e s , Russia, :H / Vietnam, an Japan on PCBs, PCDDs and PCDFs. AS j a county Health C ommissioner, Dr. S c h e c t e r w a s the first t o pojint o u t the d a n g e r s <2-wSL 2l(^ULZc)'0LfCL^ H ' in p c b transformer f i res. I Dr. S c h e c t e r r e c e i v e d h i s t M . P ^ j U f rom C o l u m b i a U n i v e r s i t y 11 School of P u b l i c Health. h i a f M . p J f r o m H o w a r d ;U n i v e r s i t y Medici Suhool/'^a b .a . in L i b e r a l Art s a nd a B.S. jin Ptiyeiology a n d -- t ! | ------ -- -- Neurophysiology from the University of Chicago. Dr. Schecter*s . /__________________________ ______ r .. - J \ i| c ;i 07^30/93 12:12 607 770 8623 Schecter SUNY @003 v^traifting h t o b e e n * a mini^reeideney in Occupational Medicine at the U n i v e r s i t y of' C i n c i n n a t i College of M e d i c i n e 'and in o c c u p a t i o n a l Medicine at the University of Illinois Medical School in C h i c a g o , Illinois{3M*>^2,, -SCa ^LC' (UIa XIo ^ La ^ ^ Ia g j u J cX j^ S - & & > \j^JL0L*+e*Xl Cj2 a^ S P \ q j o 4 ) C & & 1'I^ i 1 Currently, Dr- Schecter is a professor at the to^A-l U&t Jfe&X? (AJ!d^/^ s :| Preventive Medicine, SUNY Health Science Center in clX Department of O r Syracuse, New V V o r k a n d in the C l i nical Campus at Binghamtehl New| York. He li&tdOAiUi ^ Oj^S WLa - O ^ CHL'ike 0&<yjdMQ/l fffiK a l s o ag e g z j tembar at c u r Lady o r ^ o u r d e s Hospital in Binghamto RwWtiuiuaUii N e w York a n d the U n i t e d H e a l t h Services H o s p itals in] J o h n s o n Ci Naw York. ; j |A s an e x t e n s i v e l y pub l i s h e d a u t h o r on PCBs, P C D D s an d PCDFs, Dr. schecter's expertise is relied upon by ma n y [persons researching the issues surrounding these chemicals. S o m e of Dr. S c h e c t e r 'e mem b e r s h i p a f f i l i a t i o n s are: t h e i| A s s o c i a t i o n of T e a c h e r s of P r e v e n t i v e M e d i c i n e GemffliXbse; t h e UcAffi i| I American college of Epidemiology; a Fellow in the American C o l l e g e of O c c u p a t i o n a l and Enviro n m e n t a l Medicine;! |a F e l l o w in t h e American COiige of Preventive Medicine; a Fellow in the American ._ College of Physicians; a member of the Amerei an Association for the Advancement of Science; Epidemiologic Research, and a_ member )t5 of Society for in unis litigation, Dr. Schecter is presented as a n e x p e r t on the toxicology of PCBs, dioxins and dibanzofurans PCB related I 07/ 30/93 12:12 0607 770 8623 Schecter SUNY 004 publications from his own other research and reports generated by PCDDb and PCDFs* research as veil as resJaroh on F C B s , Among the more general sources of Dr. Schecterja information will be general scientific literature on PCBs# PCDDs and PCDFs II I along with recent NI03H, EPA, CDC, Air Force and other government agency research. Dr. Schecter m a y r e view m a t e r i a l s covered* at scientific meetings and information covered with other experts. I Aj Another category of information upon which Dr. Schecter may rely includes pertinent research provided by state agencies and symposia rtWe'1' <pCsjk(^c.< and hrafc^chapters dealing with halogenated aromatic hydrocarbon toxicity* A t tha r a g u e s t of Nevada P o w e r attorneys Dr. S c h e c t e r may also review learned treatises of other experts or any other documents related to the case which Nevada Power attorneys provide i! for his review* I Finally Dr. s c h e c t e r m a y also b e c a l l e d u p o n t o explain and define any scientific terms used by the defendants in documents iI gathered by Nevada Power during discovery and presented to him* J:WvUjiVxp\tWta.Ji I MICHAEL T. GALLAGHER BOARD c e r t if ie d P E R S O N A L IN JU R Y T R IA L LAW FISHER. GALLAGHER & LEWIS, l.l.p. A T T O R N E Y S AT LAW I 70TH FLOOR . FIRST INTERSTATE SANK PLAZA IOOO LOUISIANA 'i , HOUSTON, TEXAS 77002 j (7131 6 5 4 - 4 4 3 3 \ FAX (7131 6 5 4 - 5 0 7 0 l July 23, 1993 Lynda Garfinkle BRADLEY & MERRELL JONES, JONES, CLOSE & BROWN, CHARTERED Seventh Floor - Bank of America Plaza 300 South Fourth Street Las Vegas, NV 89101-6026 Re: Nevada Power Company v. Monsanto Company, et al Dear Lynda: Please find enclosed an invoice from Martin & Associates for the deposition of Donald Sauter. I would appreciate you placing this invoice in line for payment. Thank you for your attention to this matter. ii Sincerely, Ii MTG/kh enclosure Michael T. Gallaglj i RECEIVED JUL 30893 rjs :bins j:VaevYrjs\docs\tUck.OlO i Nevada Power v. Monsanto C o . . et al Case No. CV-S-89-555-LDG-LRL PRETRIAL WITNESS STATEMENT] Richard Ellis, Ph.D. P.O. Box 100 Hixson, Tennessee 37343 SUMMARY OF TESTIMONY Dr. Ellis is chairman of Advanced Waste jManagjement Systems, Inc. He is a Hazardous Waste principal investigator for the World Bank, and concurrently works as an invited consultant, investigator and project manager for six eastern European countries, Korea, Indonesia, Taiwan and China in their hazardous waste identification | and clean-up efforts. Dr. Ellis has testified as anj expert witness before United States governmental agencies, and is a primary hazardous waste consultant for The Pentagon. Dr. Ellis is a former I :l Senior Environmental Engineer for the Tennessee Valley Authority, and a former research associate at Ohio State University. Dr. Ellis served served in the military during the Gulf War i| and is a veteran of the Vietnam war. He is currently enlisted in the United States Air Force Reserves. Dr. Ellis received his doctorate in Public Administration and i Engineering at Ohio State University. He holds a; master's degree in Natural Resource Management and a bachelor's degree in Zoology. I Dr. Ellis' appointments have included: ASTM Subcommittee D-34 i( i Underground Storage Tanks; Board of Directors^ Chattanooga World Trade Center; Chattanooga-Hamilton County of Local Emergency i i Planning Committee; Chattanooga State Community College Curriculum i* , Committee; Governor's Appointee to Tennessee International Trade i| and Export Advisory Council; and Institute of Hazardous Materials Managers. Dr. Ellis is listed in the W h o 1s Who Environmenta1 Registry. Dr. Ellis has authored and co-authored numerous publications relating to the management of hazardous wastes. D r . Ellis will testify on the basis of his education, training, research and work experience. He will testify based on | his understanding of the current methods of j hazardous material iI identification and cleanup and handling of hazardous materials. II His testimony will be based specifically on PCBs, dioxins and i| furans, and current state of the art methods in working with these i i hazardous wastes. ! Dr. Ellis will rely on the general scientific literature !I relating to PCBs, dioxins and dibenzofuraris, as well as on iJ publications from his own research. He will rely on publications i| and research performed by others in the field regarding cleanup of ij PCBs, dioxins and dibenzofurans. Dr. Ellis will rely on current j governmental regulations regarding hazardous wastes, particularly i| PCBs, dioxins and dibenzofurans. Dr. Ellis' will also rely on i i documents presented to him by attorneys for Nevada Power. Dr. Ellis is presented as an expert on hazardous wastes. His testimony will reveal his opinion that NevadJ Power's compliance with government regulations regarding PCBs, dioxins and dibenzofurans has been reasonable, if not regarded as exemplary. He will opine that Nevada Power's methods and costs incjurred in its efforts to clean up PCB contamination were reasonable, and that Nevada It. Power's anticipation that the Environmental Protection Agency will eventually lower the PCB contamination limit to under 50 ppm is reasonable. Dr. Ellis will testify regarding the PCBs, dioxins and furans .1 1 found on the property of Nevada Power, including the effect(s) said substances have had and continue to have on property values. He will testify regarding the reasonableness of the methods employed by Nevada Power to calculate damages resulting from PCB contamination, as well as the reasonableness of projected expenses for PCB cleanups. Dr. Ellis will establish that a 1grevious wrong was committed against Nevada Power. He will tLstify regarding his review of Nevada Power's activities to comply with government regulations relating to PCBs. Dr. Ellis will testify that any detectable amount of PCB is II considered hazardous in Hungary. He will testify that any amount of PCB greater than 1 ppm found in impermeable soil is considered I :l hazardous in Holland, and that .05 ppm found in permeable soil is considered hazardous in the same country. Dr. Ellis will testify that the United States will create international trade problems if II this country does not lower its standards to comparable limits. Dr. Ellis may also be called upon to define and explain terms introduced in various documents regarding the handling of hazardous wastes. j :\ncv\ijs\xprt\cllis.dis 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 M ESSA G E FROM XERO X 7 0 2 4 : (702) 385-1655 I DATE: tin TO : Elit: F A X # : '5-43 '13Jo FROM: ___________ PHONE #: It!6 W 3 -ai, CLIENT/MATTER: Nevada Power v. Monsanto CLIENT/MATTER NO.: 11927.2 DOCUMENT(S) DESCRIPTION: NUMBER OF PAG ES (including cover page): MESSAGE: E3(Jsl'~j>teas<L feViouJ 'fus faaiV QjaA L. * -r 1 TH IS TELECOPY IS INTENDED ONLY FOR THE A D D R ESSEE N A M ED ABOVE. IT M A Y CONIrAIN INFO RM ATIO N TH AT IS PRIVILEGED A N D CONFIDENTIAL. IF Y O U H A V E RECEIVED TH E TELECOPY IN ERROR. PLEA SE NC TIFY U S IM M E D IA T E L Y BY TELEPHONE, DESTROY ALL COPIES. AND DO NOT DISSEM INATE THE INFORMATION TO ANYONE. TH AN K YOU FOR YOUR ASSISTAN CE. 1 IF YOU EXPERIENCE PROBLEMS WITH THIS TRANSMISSION, please call (702) 385-4202 and ask for: Operator, Ext. 615 Nevada Power Company v. Monsanto C o . . et a! Case No, CV-S-89-555-LDG-LRL PRETRIAL WITNESS STATEMENT Dr. Arnold Schecter 88 Aldridge Avenue Binhamton, New York 13903 SUMMARY OF TESTIMONY Dr. Schecter is a major medical and scientific authority on the accumulation of PCB residues and closely related PCDD and PCDF residues in human tissues in industrialized as well as unindustrialized nations. Dr. Schecter has devoted over 10 years' time to the study of PCBs, PCDDs and PCDFs with patients. Dr. Schecter has been an advisor/consultant to the World Health Organization (WHO), U.S. Environmental Protection Agency (EPA) , and the Agency for Toxic Diseases and Subtance Registry for the Centers for Disease Control (CDC). In addition, Dr Schecter conducts ongoing research in the United States, Russia, Hong Kong, Vietnam, an Japan on PCBs, PCDDs and PCDFs. As county Health l i. Commissioner, Dr. Schecter was the first to point gut the dangers in PCB transformer fires. Dr. Schecter received his M.P.H. from Columbia University I iSchool of Public Health, his M.D. from Howard University Medical School, a B.A. in Liberal Arts and a B.S.J in, Physiology and Neurophysiology from the University of Chicago. Dr. Schecter's i training has been a mini-residency in Occupational Medicine at the University of Cincinnati College of Medicine and in Occupational , i| Medicine at the University of Illinois Medica . School in Chicago, Illinois. Currently, Dr. Schecter is a professor at the Department of I .I Preventive Medicine, SUNY Health Science Center in Syracuse, New York and in the Clinical Campus at Binghamton, New York. He is |; also a staff member at Our Lady of Lourdes Hospital in Binghamton, .I New York and the United Health Services Hospitals in Johnson City, i i New York. '| I I i As an extensively published author on PCBs, PCDDs and PCDFs, Dr. Schecter1s expertise is relied upon by many persons researching the issues surrounding these chemicals. Some of Dr. Schecter1s membership affiliations are: the Association of Teachers of Preventive Medicine .Committee; the American College of Epidemiology; a Fellow in the American Colloege of Occupational and Environmental MedicineJ; a 1Fellow in the American Collge of Preventive Medicine; a Fellow in the American I ,| College of Physicians; a member of the Amercian Association for the 1:1 Advancement of Science; and a member of the Society for Epidemiologic Research. In this litigation, Dr. Schecter is presented as an expert on the toxicology of PCBs, dioxins and dibenzofurans (PCB related 1 compounds). In the last eleven years, Dr. Schecter' s research has focused on PCB, PCDD and PCDF residues found |in patients1 bodies i| and movement of the PCBs, PCDDs and PCDFs through the human body; points of collection within the human body for PCBs, PCDDs and PCDFs; the biological half-lives of PCBs, PCDDs and PCDFs; and the movement of PCBs, PCDDs and PCDFs through theplacenta and to the fetus. ii i i I Dr. Schecter1s research has also focused on the background exposures of human populations to PCBs, PCDDs and PCDFs as well as i| the bioaccumulation of PCBs, PCDDs and PCDFs in the general human iii |I1 population. Dr. Schecter will testify to the impact of additional PCBs, PCDDs and PCDFs when added to the background levels already present in the human population. Dr. Schecter is of the opinion that PCBs, IPCDDs and PCDFs are inherently dangerous to laboratory animals, wildlife and humans. He is also of the opinion that levels of PCBs, PCDDs and PCDFs must i be reduced to lower the existing background human body burdens. Dr. Schecter will also testify that the PCB equipment at Nevada Power which is above and below the existing EPA standards is I defectively hazardous becasue of toxicityj, persistence and bioaccumulation. 1 I II I The basis for Dr. Schecter's testimony will be his education, J j jresearch experience, training and understanding of the current literature on PCBs, PCDDs and PCDFs. Dr. Schecter will also review I I publications from his own state of the art research as well as !] other research and reports generated by that research on PCBs, PCDDs and PCDFs. Among the more general sources of Dr. Schecter1s information, will be general scientific literature on PCBs, PCDDs and PCDFs along with recent NIOSH, EPA, CDC, Air Force and other government agency research. Dr. Schecter may review materials covered at scientific meetings and information covered with other experts. Another category of information upon which Drj. Schecter may rely includes pertinent research provi.ded by state aIgenci.'eI s and symposia | 1, and book chapters dealing with halogenated aromatic hydrocarbon toxicity. At the request of Nevada Power attorneys, Dr . Schecter may also review learned treatises of other experts or any other documents related to the case which Nevada Power attorneys provide for his review. Finally, Dr. Schecter may also be called upon to explain and define any scientific terms used by the defendants in documents gathered by Nevada Power during discovery and presented to him. j :\nev\jjs\xprt\schccter.dia I I I BRADLEY & MERRELL JONES, JONES, CLOSE & BROWN, CHARTER ED Seventh Floor -- Bank of America Plaza 300 South Fourth Street | Las Vegas, Nevada 89101-6026 (702) 385-4202 I I II M ESSAG E FROM XEROX 7 0 2 4 : (702) 385-1655 i DATE: 19 /f?3 i TO : `T V , h m d A FAX #: (> j) 7 '7 'f i-U ^ 3 PHONE #-.(7) 7 7 0 - ^ ^ FROM: ^bzuJo CLIENT/MATTER: Nevada Power v. Monsanto CLIENT/MATTER NO.: 11927.2 DOCUMENT(S) DESCRIPTION: '1MU' ffledCMM' j d d j f d o - W ^ - NUMBER OF PAG ES {including cover page): r~ MESSAGE: )eo$e rev/'eo) l-P lA M * I/u j l w l OMJ d yo jh (U ' i|fcrk. hv^buvJ TH IS TELECOPY IS INTENDED ONLY FOR THE A D D R ESSEE N A M E D ABOVE. IT M A Y CO NTAIN INFORM ATION THAT IS PRIVILEGED A N D CONFIDENTIAL. IF Y O U H A V E RECEIVED THE TELECOPY IN ERROR. PLEASE NO TIFY U S IM M ED IA T ELY BY TELEPHONE, DESTROY ALL COPIES. AND DO NOT DISSEM INATE THE INFORMATION TO ANYONE. TH AN K YOU FOR YOUR ASSISTAN CE. IF YOU EXPERIENCE PROBLEMS WITH THIS TR A N SM ISSIO N , please call (702) 385-4202 and ask for: Operator, Ext. 615 Ii i