Document DDob122OmDNMQozNb44bKzp0n

TO: FROM: RE: DATE: .1* . ,, L.L3 MEMORANDUM Nevada Power vs. Monsanto File J. Randall Jones Conference with CharlesMcCrea and Nik Skrinjaric October 5, 1989 Stipulate to following: 1. Plaintiff knew it toxic, but not to the extent determined by EPA in hearings. 2. Were not out ahead of U.S. in determining degree of toxicity. Only entities that did know more about toxicity of PCB than U.S. were Defendants. 3. Were not involved or participated with U.S. in determining the level of toxicity. 4. Defendants were actively and fraudulently attempting to persuade EPA that PCB were not toxic or sufficiently toxic to require banning. Therefore, Plaintiff never had as much information as Defendants in determining toxicity level of PCB's. Chattanooga in reverse - Plaintiff in Chatanooga was found to have participated and therefore had notice - but if we didn't, does that mean we win because they didn't give us notice. 6500J J. DALL JONES