Document M4JRy8Mnw3zvBNGOZQ70xZrz

, few .i 1 1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 ***** 4 5 NEVADA POWER COMPANY, a Nevada ) 6 corporation, PLAINTIFF, ) ) ) 7 vs. ) ) 8 MONSANTO COMPANY, ET AL., ) ) 9) DEFENDANTS. ) 10 ____________________________________ ) COPY CV-S-89-555-LDG-LRL 11 DEPOSITION OF M. GENE MATTEUCCI 12 13 TAKEN FRIDAY, OCTOBER 27, 1989 14 9:10 A.K. 15 16 17 18 AT THE LAW OFFICES OF THORNDAL, BACKUS, MAUPIN & ARMSTRONG 1100 EAST BRIDGER AVENUE 19 LAS VEGAS, NEVADA 20 21 REPORTED BY 22 23 24 MARIJANE W. SIMON, C.P., C.M. C.S.R. CERTIFICATE NO. 54 604 SEA PINES LANE LAS VEGAS, NV 89107 (702) 877-3267 25 MARIJANE SIMON, C.S.R. . ^ S.k 68 1 A I have one myself. I did go through that. I 2 vent through the agendas. I retained the agendas, and I 3 went through that, yes. 4 Q Well, I may be a little confused here. 5 Hov many briefing books have been retained 6 over the last six years? Is it just one, or is it one per 7 meeting? 8 A No. No. It's one for each member for the 9 year. 10 Q I see. 11 A They each have an individual briefing book 12 now that contains the information which you're referring to 13 on the items presented to the board. She keeps those. 14 And she brings them up to date. 15 Some of the members may take something out of 16 that with them when they leave a meeting, and they may not. 17 You know, I'm not privy to going through their books, but I 18 am given one also. And I retain my own. 19 Q And so those individual documents are in 20 loose-leaf format, and they can be replaced or changed out 21 from meeting to meeting; is that correct? 22 A Yes. They can be. But I -- 23 Q Depending on agenda items? A Yes. But they generally -- Generally not. They're generally kept for an annual thing. And if a HARIJANE SIMON, C.S.R. i fe 69 1 (Indicating) -- for instance, monthly financial stateaent ~ 2 if a director vants to take with the* -- takes it. I don't 3 know. 4 Q Could be any notes -- 5 A What's in each member's book -- I know what's 6 put in it prior to the meeting or during the meeting, but I 7 don't know what's left in it when they leave. Except my 8 own. 9 Q Have any materials or documents ever been 10 included in those briefing books to board members that dealt 11 with PCB's or PCB equipment? 12 A I don't know. 13 Q Who would know if such PCB-related material 14 was ever included in a briefing book to the board members? 15 A Other than what was on the agenda, are you 16 talking about? 17 Q Yes, sir. 18 A Without going through every book -- and by 19 that, the reason I say that, Mr. Tatlock, is, you'll have an 20 agenda -- and with the agenda would be the back-up paper. 21 Concerning that. 22 But also, there may be industry periodicals 23 or something thrown in to them for their own benefit, if 24 they want to take them or not, that wouldn't be listed on an 25 agenda. MARIJANE SIMON, C.S.R. i k. -5 70 1 Q But those would be materials provided in the 2 briefing book? 3 A They would be in the book, yes, that was 4 presented to them. But you'd never know what it was or -- 5 have no idea. You just wouldn't know, because it wouldn't 6 be listed on the agenda. 7 Q Who would determine whether, let's say, a 8 publication relating to PCB's would be included in those 9 briefing books? 10 A Oh, the CEO, I think. 11 Q Are those additional materials, such as the 12 PCB-related publication -- hypothetical PCB publications 13 that we've been talking about -- would they be retained in 14 the briefing book materials that Nevada Power has kept over 15 the last six years? 16 A You'd have to examine every book, Mr. 17 Tatlock. 18 Q Are those books available for examination? 19 A I don't know. I know she keeps them, but I 20 don't know for what period of time. I have no idea. 21 Q Did the Secretary to the President review the 22 briefing books for PCB-related materials in response to the 23 defendants' discovery request? 24 A No. I didn't request it. Never. I just went through my own book, as I said -- mine wouldn't be like KARIJANE SIMON, C.S.R J i k ..x 71 1 theirs -- and I didn't find anything. 2 MR. TATLOCK: I would ask of Nevada Power 3 counsel that a review of the briefing book background 4 materials be conducted and any documents responsive to 5 defendants' discovery requests be produced. 6 THE WITNESS: No problem. 7 MR. SKRINJARIC: Request noted. 8 MR. TATLOCK: Thank you. 9 Q Mr. Matteucci, are there -- have there been, 10 since 1974, any company groups or task forces at Nevada 11 Power responsible for PCB's? 12 A Other than what I described for Miss Leen, 13 no. 14 Q Since 1974, when you assumed the position as 15 Chief Counsel, Mr. Matteucci, how many attorneys have worked 16 in the Legal Department? 17 A In-house you're talking about? 18 Q Yes, sir. 19 A Four. 20 Wait a minute. Wait aminute. \ 21 Actually, I don't know how you want to 22 classify this. Five. 23 There was one member from the outside firm 24 that took over for me when I had the heart attack, for about five or six months, and he spent a lot of time up there. MARIJANE SIMON, C.S.R.