Document NeN6az35Kj5RJBd7y7O1kN0E8

.(H f" ) ? " i, 3 f?~?! 1 1*,!f7 h Jn 'k\'4 NEVADA POWER COMPANY MONSANTO COMPANY, et al., Def endant s DISCOVERY DEPOSITION OF JEANETTE WILLIAMS On the part of the Plaintiff April 1, 1993 Concannon & Jaeger General Court Reporters 705 Olive Street. Suite 604 St. Louis, Missouri 63101 (314) 421-1000 1 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEVADA .2 3 NEVADA POWER COMPANY, ) ) 4 Plaintiff, ) 5 -vs- ) ) # CV-3-89-555-LDG (LSL) ) 6) MONSANTOCOMPANY, et al., ) 7) Defendants. ) 8 9 DISCOVERY DEPOSITION OF WITNESS, to be used in an 10 action pending in the District Court of the United States, 11 for the District of Nevada, wherein NEVADA POWER COMPANY is 12 Plaintiff, and MONSANTO COMPANY, et al., are the 13 Defendants, pursuant to Notice, under the provisions of 14 Rule 26 of the Rules of Civil Procedure, taken on April 1, 15 1993, at the law offices of Messrs. Husch & Eppenberger, 16 100 N. Broadway, St. Louis, Missouri, before Mark D. 17 Concannon, a Notary Public within and for the State of 18 Missouri. 19 A P P E A R A N C E S 20 The Plaintiff was represented by Attorney Ralph A. Bradley of the lav; firm of Jones, Jones, Close & Brown, 21 Chartered, 700 Bank of America Plaza, 300 South Fourth Street, Ste. 700, Las Vegas, Nevada 89101, and Richard 22 Hinckley, Vice-President/General Counsel, Nevada Power. 23 The Defendant, Monsanto, was represented by Attorney Bruce A. Feather atone of the law firm of Kirkland a Ellis, 24 1999 Broadway, Ste. 4000, Denver, Colorado 70202. 25 - *> - I* COII CANNON L JAEGER 1 A P P E A R A N C E S (;continuing) 2 The Defendant, Westinghouse, was represented by Attorney Laurie Basch of the law firm of Weil, Gotshal & 3 Manges, 767 Fifth Avenue, New York, New York 10153. 4 Also present: Lis Gini, paralegal. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 IS 20 21 22 23 24 25 -3- COMCANNON & JAEGER 1 JEANETTE WILLIAMS, 2 of lawful age, being first duly sworn to tell the truth, 3 the whole truth, and nothing but the truth, deposes and 4 says on behalf of the Plaintiff, as follovzs: 5 DIRECT EXAMINATION 6 QUESTIONS BY MR. BRADLEY: 7 Q. Will you please state your name and spell your 8 last for the record? 9 A. My name is Jan Williams. Hy last name is 10 spelled W-i-l-l-i-a-m-s. 11 O. What is your residential address? 12 A. 9910 Warsnire Drive, W-a-r-s-h-i-r-e, St. 13 Louis 63132. 14 Q. Ms. Williams, you and I introduced ourselves 15 to one another a few moments ago; is that true? 16 A. Yes. 17 Q. And you know that I represent Nevada Povrer 18 Company in this lav;suit they brought against Monsanto, 19 General Electric, and Westinghouse? 20 A. Yes. 21 Q. Are you here today represented by an attorney? 22 A. Yes. Mr. Featherstone. 23 Q. Have you had your deposition taken before 24 today ? 25 A. No. - 4- CONCANNON JAEGER 1 Q. Have you had a chance to talk with your attor 2 ney about the purposes or a deposition? O A. Yes, X have. 4 Q. If during thecourse of thisdeposition I ask 5 a question that*s not clear, will you tell me? 6 A. Certainly. 1 Q. And if at any time you*d like to take a break, 8 just let us know and we*11 accommodate you. 9 A. Sure. 10 Q. Let* s start with youreducational background 11 beginning with college. 12 A. Okay. I have a BS degree in chemistry from 13 North Carolina State University at Raleigh. I got that 14 degree in "69. X have an MS in library science from the 15 University of North Carolina at Chapel Hill, which I got in 16 1976. 17 Q. What work if any did you do once you obtained 13 your bachelor's degree? 19 A. I began working for Monsanto at that time. 20 Q. Was that in 1969? 21 A. Yes, it was. 22 Q. What job title did you have in 1969? 23 A. At that time my job title was assistant 24 librarian. 25 Q. Which library were you the assistant librarian - 5- CONCANNON JAEGER 1 in? r.\ A. It was the library at: tue Cherastrand Research 3 Center which Monsanto operated at Research Triangle Pari:, 4 in North Carolina. 5 Q. Would you spell Chemstrand, please? 6 A. C-h-e-m-s-t-r-a-n-d, Cherastrand. / Q. What kind of library was at Cherastrand? a A. The library was operated Dy Monsanto'3 new 9 Enterprise Division at that time. It was a library whicn 10 erapnasizeo primarily fibers and polymer technology. 11 Q. How long were you an assistant librarian at 12 Chemstrand? 13 A. For about a year, and then I became tne 14 librarian. 15 Q. How long were you tne librarian at Cherastrand? 16 A. Until 1979, when I transferred to St. Louis. 17 Q. Did the library at Chemstrand have materials 13 relating to polychlorinated biphenyls? 19 A. I don't remember any. 20 Q. What job title did you have when you trans 21 ferred to St. Louis in 1973. 22 A. I was the supervisor of the tecnnical library 23 within the Information Center. 2 4 Q. Where was the Information Center physically 25 located in 1979? -b- CONCA1IMOW 6 JAEGER 1 A. in R Building* 2 Q. Was. there ever a time when the Information 3 Center was not located in the R Building from 1979 to 4 present? 5 A* Ho. 6 Q- What was the technical library within the 7 Information Center which you supervised? 3 A. The technical library referred to the 9 materials used primarily by the research community of 10 Monsanto in their work. 11 Q. Are you familiar with the designation MCS 12 1016? 13 A. Could you repeat that, please? 14 Q. Are you familiar with thedesignation MCS 15 1016? 16 A. No, I'm not. 17 Q. During the course of your -- Strike that. Who 13 was the supervisor of the technical library within the 19 Information Center before you had that position? 20 A. A1ice Lee, L-e-e. 21 Q. Do you know how long Alice Lee had that posi 22 tion previously? 23 A. Two or three years, I believe. 24 Q. Who had the position prior to Alice Lee? 25 A. That position was created under that title for -7CONCANNON 6 JAUGER X Alice? there was no one who had that title before then. 2 Q. Was. there a supervisor of the -- Strike that 3 question. Was there a library within the information 4 system prior to 1975? If you know. 5 A. Your question is rather confusing to me. 6 You're referring to the information system. 7 Q. Is the Information Center a library? 0 A. Yes, it is. 9 Q. Who was the supervisor of the Information 10 Center in 1970? 11 A. The title of the person who was in charge was 12 manager of the Information Center, and his name was William 13 A. Wilkinson. 14 Q. Do you know when Hr. Wilkinson became manager 15 of the information Center? 16 A. Around 1960 or '61. 17 o. Do you know how long Mr. Wilkinson was manager 13 of the Information Center? 19 A. Until his death in 1989. 20 Q. Sy any chance do you know who preceded Hr. 21 Wilkinson as manager of the Information Center? 22 A. The Information Center was created around 1960 23 or '61. 24 Q. I recognise that you v:era not a Monsanto 25 employee in 1960 or '61, so that there may be some ques- COT CAMHON J ASG 3R 1 tions that you won' t know the answers to. Do you know what z library, if any,, researchers at Monsanto used to support 1 their work prior to creation of the Information Center? 4 A. Yes. There was a research library at the 5 Queeny Plant. 6 Q. When was the research library at the Queeny 7 Plant begun? 8 A. I really don1t know. It had been there for 9 many, many years. That* s all I know. 10 Q. Where is the Queeny Plant? 11 A. The Queeny Plant is on South Second Street in 12 the City of St. Louis. 13 Q. Was there a time when the Queeny Plant no 14 longer had a research library? 15 A. Yes. The research library was discontinued 16 when the Information Center was formed at Creve Coeur. 17 There may have been a small collection of books, but it was 18 no longer considered a true research library. 19 Q. Do you know whether all of the materials with 20 in the Queeny plant research library were transferred to 21 the information Center when it was created in 1960 or 1961? 22 A. Some of them were, but I could not say for 23 sure if all were. 24 Q. Do you know what happened to any documents 25 that may not have been transferred from the Queeny Plant to - 9COUCAUNON & JAEG2R 1 the Inforiaation C enter? 2 A m I don't know if there were any documents, so I 3 couldn't say. 4 Q. I take it m e r e are both books and journals 5 within the Information Center? 6 A. Tnat's correct. 7 Q. And I take it there are ootn books and jour 3 nals in the technical library within the Information 9 Center ? 10 A. The technical library is not a physical divi 11 sion of the Information Center, and we no longer use that 12 term. That's an out-of-date expression. 13 Q. When did it become an out-of-date expression? 14 A. Around 1990, following a reorganization of the 15 Information Center's staff. 16 Q. What is your present job title? 17 A. Manager of the Information Center. 18 Q. Are there unpublished reports generated by 19 Monsanto employees that are part of the Information Center? 20 A. Yes, there are. 21 Q. Are there unpublishedstudies by Monsanto 22 employees that are part of the Information Center? 23 A. I'm not sure what you mean by "studies." 24 Q. Well, let's say, ror example, tnat some 25 researchers injected some rats with one of the products -10COM CAM 17OM U vji-.-i'j - j A 1 that Monsanto was developing and they did a study to 2 determine the mortality or tne rats at various levels of 3 exposure to tne chemical. Would that type or material be 4 v/ithin the Information Center? 5 A. If it was issued as a report. 6 Q. And if it was not issued as a report, where 7 would it be? 3 A. I don't know. /% Q. What criteria is there within Monsanto that 10 you' re aware of to indicate when a study should be issued 11 into a report? 12 A. The research groups make that decision them 13 selves. 14 Q. Is there a grouping in the Information Center 15 of materials by product manufactured by Monsanto? 15 A. No. They* re not grouped by product. 17 Q. First of all, is the Information Center open 18 to the public? 13 A. It's open to the public only under special 20 circumstances. For example, if you wanted to see a journal 21 that is not available at any other library in St. Louis, we 22 would permit you to come in and see it. But it's only 23 under circumstances similar to that that we would be open 24 to tne public. 25 Q. Is there a section of the Information Center - 11 COITCAUMON u JAEGER 1 that is devoted to the topic of PCBs? 2 A. We do not have our collection divided, 3 separated, or grouped in any way by Monsanto products, so 4 v/e do not have a section of the library devoted to PCBs. 5 Q. Do you have an index of Information Center 6 acquisitions and documents relating to PCBs? 7 A. Would you be more specific about that, or 3 rephrase that? I'm not sure what you're asking. 9 Q. If I went to the Information Center, would I 10 be able to look up on an index the subject matter, "PCBs," 11 and get a listing of all of the documents within the 12 Information Center that relate to PCBs? 13 A. Mo, you would not be able to do that. 14 Q. Do you have -- Is there a name for the index 15 ing system you have at the Information Center? 16 A. Again, could you be a little more clear about 17 what you mean by "indexing system." 18 Q. Probably not, but let me tell you what I'm 19 interested in knowing. I know you've got a library school 20 where you learn about different ways to catalog materials 21 and that the cataloging systems have different names. What 22 cataloging system presently exists within the Information 23 Center ? 24 A. Okay. To me, a catalog and an index are not 25 the same thing, so this is what I'm trying to get clear, is - 12 COMCA2IU Oil J AEG EH 1 what you1re asking about. 2 Q. If I phrase it as a cataloging system, are you 3 able to answer the question? 4 A. Our catalog is an on-line public access cata 5 log. It1s managed by a data base management system called 6 Basis, B-a-s-i-s. 7 Q. And when you refer to it as an on-line public 8 access data base system, does that mean it* s available to 9 the public? 10 A. Wo. It*s publicly available to Monsanto 11 employees versus a system that only library staff would be 12 using. 13 Q. And if I went -- Well, let me ask you this 14 question: If you're on-line with your data base system and 15 you were charged with determining what materials were in 16 the Information Center relating to PCBs, what would you do? 17 A. If I went to our catalog, I would enter what 18 ever I thought was the best way to express PCBs, and it 19 would give me a list of the books at the library that we 20 have on PCBs. 21 Q. And what would you do to access journal 22 articles relating to PCBs? 23 A. To find what journal articles we had on PCBs 24 we would rely on an index such as chemical abstracts. 25 Q. How would you use the chemical abstracts index - 13 - CONCAMHON & JAEGER 1 to determine which journal articles exist in the Informa 2 tion Center relating to PCBs? a A. I would look up PC3s in the substance index 4 volumes, and that would give me a list of abstract numbers, 5 and you look up the abstract numbers, and that would give 6 me bibliographic information for the journal articles, and 7 then I would have to see which of those journals ware 3 actually in the library. 9 Q. Are you able to push less than five buttons on 10 a computer system to print out the journals that presently 11 exist within the Information Center? 12 A. We have a printed list of the journals which 13 are presently in the Information Center. 14 Q. Does the printed list include the date of the 15 journal articles that you have within the Information 16 Center ? 17 A. It includes the dates of the volumes of the 18 journals within the Information Center, the dates of publi 19 cation. 20 Q. Does it also include the date ofacquisition? 21 A. Wo. 22 Q. Is there a way todeterminethe date of acqui 23 sition of the journals that you have in the Information 24 Center ? 25 A. Ho, there is not. - 14 - COIICAHI Oil L JACGSR 1 Q. Let's say, for example, that you ordered a 2 journal in 1991.. Would you request payment of that through 3 accounting? 4 A. If we ordered it in 1991, we would have sent 5 the invoice to accounting and asked them to write the check 6 and send it. 7 Q. Do you know whether prior to 1991 accounting 3 paid for the acquisition of journal articles for the 9 Information Center? 10 A. You1re referring to journalarticles? 11 Q. Journals is what I meant. 12 A. Okay. 13 Q. Sorry. 14 A. Yes. Accounting arranged for the payment of 15 journals for the Information Center. 15 Q. And how far back did that payment system go, 17 to the best of your knowledge? 18 A. I don't know how far back that payment system 19 went? it1s always been in affect as long as I've worked for 20 Monsanto. 21 Q. Have you ever examined the accounting books to 22 determine whether the accounting section of Monsanto has 23 kept records on dates of acquisition of journals within the 24 Information Center? 25 A. Mo, I have not. - 15 - COMCAMMOU JAEGER 1 Q. Is there a way for a Monsanto employee to 2 check out material from the Information Center? 3 A. Many materials can be checked out, but not 4 all. 5 Q. And for the ones that are able to be checked 6 out, is there a way to determine who has checked out that 7 particular journal? 8 A. There is a way for me to tell you V7ho has 9 something checked out today, yes. 10 Q. Is there a way for you to tell me who had 11 something checked out in 1988? 12 A. No, there is not. 13 Q. In 1988, if someone checked out a journal 14 article that was allowed to be checked out, how was a 15 record kept of that? 16 A. Are you referring to checking out a journal, 17 rather than a journal article? 18 Q. Yes. 19 A. In 1988, the person would have used our com20 puter checkout system and would have entered the informa 21 tion that it asked for, which would have been journal 22 title, volume, issue, et cetera, with his or her name. 23 Q. When the journal was returned in 1988, what 24 happened to the information that was on the computer 25 system? - 16 CONCANNON G JAEGER 1 A. An entry would be made by the circulation 2 assistant in the. library that it had been returned. 3 Q. And was that data backed up onto a disk and 4 preserved? 5 A. There would have been no reason to back it up 6 and preserve it, that I know of. As soon as the material 7 had been returned the transaction was complete for our 3 purposes, so we did not retain that data. 9 Q. When did Monsanto begin a computer system for 10 checking out journals? 11 A. Sometime in the eighties. 12 Q. What system didit use before it hadcompu 13 ters? 14 A. There was a card in the back of a book, or 15 there was a card for each journal title that we received 16 currently, and you simply wrote your name on there and left 17 the card. 18 Q. And what happened, if anything, to those cards 19 when Monsanto switched over to a computer system? 20 A. We threw them away. 21 Q. Were there ever occasions whenjournals were 22 purchased by the Information Center that were published 23 more than a year before you purchased them? 24 A. Oh, yes. 25 Q. Is there a way to determine which journals - 17 - COMCAWMON a JAEGER 1 those would be? 2 A. No, 3 Q. When you switched over from a card system to a 4 computer system, did you make a listing of your present 3 journals within the Information Center? 6 A. We had a listing of -- a printed listing of 7 what the current journal holdings of the Information Center 8 were. 9 Q. And you made a hard copy of that? 10 A. Yes. 11 Q. And do you make hard copies of that yearly? 12 A. Not yearly. Sometimes we go more than a year. 13 Q. And do you maintain old hard copies showing 14 which journals were within the Information Center? 15 A. No, we don1t. As soon as the new one is 16 printed, we discard the old ones. 17 Q. I'm now going to show you Plaintiff's Exhibit 18 979, which is a September, 1937 article from "The Journal 19 of Industrial Hygiene and Toxicology," Volume 19, Number 7. 20 I take it it would be quite easy for you to determine 21 wnether a copy of that exists within the Information 22 Center. 23 A. I would be able to look at our list of serials 24 and see if we had this journal, volume number and issue, 25 within the Information Center today. - 18 COilCANNON & JANGER 1 Q. What would you do if you were charged with the 2 task of determining when -- assuming that that article 3 existed in the Information Center, if you were charged v/ith 4 the task of determining when it became part of the 5 Information Center? 6 A. If this journal is in the Information Canter 7 and I v/anted to find out when it became part of the 8 Information Center, I would have to look at the physical 9 volume, whether it is in paper or whether it is in micro 10 film, If we had stamped it with the Information Center 11 stamp shov/ing when we acquired it, that would be how I 12 would determine if we had it at a certain time. If a hard 13 copy or a microfilm was not stamped with our Information 14 Center stamp and date, I would not know when we acquired 15 it, 16 Q. You obviously have some documents on micro 17 fiche in the Information Center? 18 A. Very few on microfiche. 19 Q. Do you have some on microfilm? 20 A. Yes. 21 Q. Which documents were placed on microfilm? 22 Were they documents that were published prior to a certain 23 year? Or v?hat determinations went into the decision on 24 which document to microfilm? 25 A. The journals that we have on microfilm were - 19 - COWCANNON & JAEGER X primarily converted from paper to microfilm for two rea 2 sons: One, we ran out of space for the paper. A microfilm 3 takes up a lot less space than the corresponding hard copy. 4 Number two, v/e may have found out after a journal was 5 published and out of print that we needed it, and we could 6 no longer obtain it in paper, so we bought it in microfilm. 7 Q. When you determined that you needed the space, 8 how was it determined which journals v/oula be microfilmed? 9 A. My predecessor was responsible for most of the 10 conversion to microfilm, and it was largely based on what 11 kind of deal he could get with the microfilm vendors. 12 After the greater part of the conversion was completed, our 13 most popular titles that we used a lot we simply set up 14 standing orders to automatically get the microfilm for them 15 on a regular basi3. 16 Q. Was there ever a decision to microfilm the 17 older journals before the newer journals? 18 A. Yes. In some cases that was done. 19 Q. When you say "In some cases," what do you 20 mean? 21 A. What I mean is, we dealt with microfilming 22 conversion on whether we needed space in the area or that 23 we could buy microfilm for it or not. At one point in time 24 it might have been easier to buy the microfilm for old 25 volumes and impossible to get it for the new volumes, or - 20 - COHCAMMOU & JAEGER 1 vice versa, so we bought film where we could. 2 Q. Is it standard practice to put the date-of3 acquisition stamp on journals that come into the 4 information Canter? 5 A. It is our standard practice for current 6 journals as they are received to do that, as we get them 7 ea ch day. 8 Q. And do you know whether any of the journals 9 within the Information Center have dates of acquisition 10 during the 1930s? 11 MR. FEATHERSTONE: I'm sorry. Stamps showing 12 dates of acquisition in the 1930s? 13 MR. BRADLEY: Yes. 14 A. It is possible, but I could not say for sure. 15 Q. {by Mr. Bradley) You don't recall seeing any? 16 A. I really don't recall seeing any. Most of our 17 very old material from the 1930s is now on microfilm. And 18 we did not necessarily have our journals microfilmed. We 19 bought microfilm, for example, from the publisher, so it 20 would not show the date that it was received. And I just 21 simply cannot recall if I looked at the few hard-copy 22 journals from the thirties that we have to see if they had 23 a date stamp on them. When the journal is bound, the cover 24 is often taken off of each individual issue, and that is 25 what we usually stamp. - 21 ccmcANKon & j a e g e r 1 Q. Would it be true that, if a 1930s microfilmed 2 journal had a date of acquisition on it, it would indicate 3 die date that that journal came into the Information 4 Center ? 5 MR. FEATHERSTONE: Wait a minute, A micro 6 filmed one? I think she testified that they bought the 7 microfilm, they dicin't microfilm the ones that they 3 physically received in hard copy. 9 Q. (by Mr. Bradley) Oh. Is that right? 10 A. Yes. We bought the microfilm, and it v/ould 11 not show our date on the individual issues. There are a 12 very small number of exceptions where we had sold pur 13 original hard copy, and that may have been filmed by the 14 publisher. The publisher may have taken it back from us 15 and filmed it. But I don1t think there are very many of 16 those. So that would not show our date of acquisition. 17 Q. I want to talk for a moment just about the 13 journals that were published in the 1930s. If the 19 Information Center had received a journal in the 1930s that 20 was published in the 1930s, would that journal have been 21 microfilmed? 22 A. We may have microfilm of that journal. That 23 does not mean that the hard copy that we received in the 24 Information Center during the 1930s was microfilmed to 25 produce the microfilm copy we have now. - 22 COWCANii OH JAEG ER 1 Q. I understand that, because at some point you 2 also purchased microfilm of old journals* 3 A. Right. 4 Q* And what I'm trying to figure out is if 5 there1s a way to determine which ones you purchased versus 6 which ones you acquired in the 1930s. And it seems to me 7 conceivable, and I want to know whether this is true, 8 whether, if we examine a microfilm of a 1930s journal and 9 it does not have a date of acquisition, would that indicate 10 to you that it was a microfilm that was purchased, not at 11 the time of -- Well, let me rephrase it -- would it 12 indicate to you that it was a microfilm that was purchased 13 more recently? 14 A- Well, all of our microfilm was purchased after 15 the 1930 s. 16 Q, Well, what I'm trying to get at, though, if we 17 examine a microfilm of a document published in the 1930s 18 and it does not have a date of acquisition, does it indi 19 cate to you that the microfilm was purchased after Monsanto 20 decided that it would purchase microfilms of old journals 21 rather than being a microfilm copy of a hard copy within -- 22 You're looking confuse. 23 A. You lost me on the fourth turn back there. 24 MR. FEATHERSTONE: He will try it again. 25 Q. (by Mr. Bradley) As I understand it, you have - 23 - CONCAHNON & JAEGER 1 within the Information Center some microfilm of journals *? published in the.1930s. 3 A. That's quite possible. 4 Q. And it is possible that some of the microfilm 5 of those journals was prepared by your predecessor from 6 hard copies that existed in the Information Center? 7 A. I cannot really address what he did. It is 3 possible. That's all I can say. 9 Q. And if he prepared microfilm from hard copies 10 of'documents from the thirties that were published and 11 acquired in the thirties, those journals may have dates of 12 acquisition stamped onto them? 13 A. It is possible, and it is also possible that 14 they do not. 15 Q. Because when microfilming was done, often the 16 cover was not microfilmed, and it was the cover that had 17 the stamp of acquisition? 18 A. Usually what we did was sent bound journals 19 away to be filmed or to be returned to the publisher or the 20 supplier - whatever they wanted to do. When a journal is 21 bound, quite often the covers are taken off, so the bound 22 journals themselves may have had no dates. 23 Q. So if we looked in the Ixiformation Center 24 microfilm and saw a 1930s journal that did not have a date 25 of acquisition, it would not indicate taat the journal - 24 CON CAllIIOil a 1 article was not actually acquired by Monsanto around the 2 date it was published? O"I A. It would simply mean we don't know? we 4 couldn't say. 5 Q. Okay. Did individual employees within 6 Monsanto maintain their own journals that were not part of 7 the Information Center? 8 A. I don1t know what individual employees did. 9 Q. Did individual employees ever contribute their 10 private journals to the Information Center? 11 A. It* s possible. 12 Q. Are the -- If you were to -- Strike that. I 13 will start all over again. How are the unpublished reports 14 cataloged? 15 A. They aren't cataloged; they're indexed. 16 Q. What do you mean by "indexed"? 17 A. Index means that we have a way to retrieve 18 them by the usual bibliographic means, as well as by sub 19 ject terms. 20 Q. And do you have that ability because entries 21 have been made onto a computer program that has key names 22 and keywords? 23 A. Some of the indexed material is on a computer; 24 not all of them. 25 Q. Is there a reason why not all of it is? - 25 - CONCANNON & JAEGER 1 A. Yes. At one point we decided to begin compu 2 terizing this information and go forward, and the backlog Jo was never converted. 4 Q. Is the backlog organized in any way? 5 A By subject terms. 6 Q. Okay. 7 A. And possibly by author. 3 Q. So if I went to the Information Center and 9 wanted to look at unpublished reports on PCBs, if they 10 exist I ought to be able to find it by subject matter. 11 A. Yes. 12 Q. Do you know whether there exists unpublished 13 reports in the Information Center regarding PCBs? 14 A. Can we take a break for a moment before I 15 answer that? 16 Q. Sure. 17 (Thereupon, a short recess was taken.) 18 Q. (by Hr. Bradley) Do you recall tne question? 19 A. Not exactly. Could you repeat it, piease? 20 HR. BRADLEY: Could you read it back? 21 (Thereupon, a discussion was nad.) 22 A. Yes, there are unpublished reports about PCBs. 23 Q. (by Mr. Bradley) Do you know what time period 24 is represented by tnose unpublished reports on PCBs in the 25 Information Center? - 26 - COITCAIINOd 1 J AEG CP 1 A. No, I really don1t. 2 Q. Do you know the volume or material? O A. No, I really don't know that, either. 4 Q. Are the unpublished reports physically located 5 in a particular part of the Information Center? 6 A. Yes. 7 Q. What part is that? 8 A. In the report section. 9 Q. And is that in a corner or section of the 10 library ? 11 A. It's in a separate section fromwhere the 12 books and journals are kept, because the proprietary infor 13 mation has additional security limitations on it, and tnat 14 area has to be kept locked. 15 Q. Are the unpublished reports on PCBs considered 16 proprietary information? 17 A. All reports are considered proprietary infor 18 mation. 19 Q. Who places the proprietary information label 20 on tne reports? 21 A. There is no propriety information label, as 22 such. 23 Q. How was it determined that all unpublisned 24 reports are considered proprietary information? 25 A. I have no idea why that has been done or who - 27 - COUCAimON a JAEGER 1 made tnat decision. It* s a blanket decision? if it*s a 2 Monsanto report, it's considered proprietary. 3 Q. And in oraer to gain access to cue room that 4 has unpublished reports, do you need a special key, or -- 5 A. During normal working nours, li ke 8:00 to 5 you can just walk in, but tn e area is secured y 7 nati on locks during the rest of the tim e , and only the 3 employees working in the area have the combination. 3 Q. Okay. Do you know whether there is healtn ana 10 safety information relating to effects of PCBs within the 11 unpublished reports in the Information Center? 12 A. I don't know what is in the unpublished 13 reports about PCBs. 14 Q. My memory is that you indicated tnere is an 15 indexing system for those unpublished reports? 16 A. That is correct. 17 Q. By subject matter? 13 A. Yes. 13 0. So if you wanted co know which unpublished 20 reports existed on PCBs, you could go to a card file and 21 look under the subject matter "PCBs" and see which 22 unpublished reports are in that section of the Information 23 Center ? 24 A. You could look at a card-type index for the 25 older material and the computer index for the more current - 28 CONCAi 11OU JAEGER 1 material if the term "PCB" had been selected as an indexing 2 term for a report. 3 Q. X don1t think I asked you for what period of 4 time you began putting the unpublished reports onto the 5 computer system. 6 A. That work actually began in I960, around -- in 7 the 1960s, and they worked with some material going back 8 into the fifties at the beginning of the project. So, I 9 guess, to answer your question, some of the computer index 10 goes back as early as the 1950s. 11 Q. Is there a library within the medical depart 12 ment of Monsanto? 13 A. Yes, there is. 14 Q. Are there any other libraries operated by 15 Monsanto other than the Information Center and the medical 16 library? 17 A, Yes. 18 Q. Which libraries are those? 19 A. The Information Center operates a library in 20 Chesterfield and one in P building in Creve Coeur. There 21 is a patent library and a law library also in Creve Coeur, 22 and there are several other libraries at sites outside of 23 St. Louis. 24 Q. Where are those? 25 A. There is one in Akron, Ohio; Decatur, Alabama; - 29 - COMCAMMON & JAEG ER 1 Pensacola, Florida? Springfield, Massachusetts? Louvain-La9 Ileuve, L-o-u-v-a-i-n - L-a - N-e-u-v-e, Belgium. And those 3 are the Monsanto libraries that I can recall rignt now. 4 MR. BRADLEY: Off the record for a moment. 5 (Thereupon, a discussion was had.) 5 A. One clarification: The Information Center 7 does not operate the patent ana lav; libraries. 8 Q. Who operates the patent and lav; libraries? 9 A. The law library is operated by the lav; depart 10 ment, the patent library is operated by the patent part of 11 the law department. 12 Q. And where is < 13 A. Cr ev e Coeur i 14 Q. And is Chests, 15 A. Yes, it is. 16 Q. What material 17 Library that are not v;ithi 18 A. The materials 19 suppor t the inter est of th 20 f ield, whi ch ar e primarily 21 books and journal s that ar 22 Information Cents r in Crev 23 Q. Wheni was the 24 A. Around 1985. 25 Q. And when was - 30 C02ICA1N01 h JAEGER 1 A. I don*t really know- It's been there as long 2 as I can remember. 3 Q. What subject natter of documents exists in F 4 Building? o A. It1s an engineering collection. It1s material 6 to support the Monsanto Chemical group1s engineers. 7 Q. Including sales engineers? 8 A. No, not that I'm aware of. 9 Q. Did -- When the Chesterfield Library began in 10 roughly 1985, did it take in materials that pre-existed 11 1985? 12 A. Yes, it did. 13 Q. And of those materials that it took in that 14 pre-existed 1985, were those materials that were within a 15 Monsanto plant or building prior to 1985? 16 A. Some of them were. 17 Q. For those that pre-existed 1985 and were 18 within some other building or operation of Monsanto, does 19 the Information Center have copies of those materials? 20 A. We may have some; we may not have copies of 21 others. 22 Q. Do you know whether -- 23 MR. FEATHERSTONE: When you1re talking -- When 24 you say the Information Center, does it have copies, you're 25 talking about what's in R Building, the collection in R - 31 - CONCANNON & JAEGER 1 Building? Is that what you're talking about? 2 THE. WITNESS s Yes. That's what I'm talking 3 abo ut. 4 Q. (by Mr. Bradley) Do you know whether the 5 Chesterfield Library has any documents relating to PCBs? 6 A. I don't know if they do. 7 Q. Do you know if the library in F Building has 8 any documents relating to PCBs? 9 A. I don't know if they do. 10 Q. What library is in Akron, Ohio? 11 A. It's the library for the Monsanto Chemical 12 group1s rubber division. 13 Q. I take it you wouldn't expect the Akron, Ohio 14 library to have any materials relating to PCBs? 15 A. I have never visited the Akron Library, so I IG don1t know what they have there. 17 Q. Do you know how long it* s been in existence? 18 A. Mo. 19 Q. What does the library in Decatur, Alabama 20 contain? 21 A. Primarily fiber- and polymer-type materials. 22 Q. Do you know whether it contains materials 23 relating to PCBs? 24 A. I never visited the library. I can't say. 25 Q. Do you know when it was begun? - 32 concAi-iuon & j a e g e r 1 A. Sort of. That's a very interesting situation. 2 It was actually begun in the fifties. It was, for all 3 practical purposes, shut down around 1960, and much of the 4 collection moved to Research Triangle Park in North 5 Carolina, quite possibly almost all of the collection. And 6 then sometime in the late sixties they decided to reestab 7 lish a library there, and it1s been going ever since. 8 MR. FEATHERSTONE; Off the record for a 9 minute. 10 (Thereupon, a recess was taken.) 11 Q. (by Mr. Bradley) Does Monsanto have a library 12 at Research Triangle Park? 13 A. Not any longer. That facility was sold to 14 Groves Wilcomb. 15 Q. Were the library materials at Research 16 Triangle Park sold, as well? 17 A. The Monsanto libraries were given a chance to 18 ask for anything in this collection that they wanted, and 19 some of those materials were sent to other Monsanto 20 libraries, a number of the materials there v;ere given to 21 local universities and colleges, and some materials were 22 discarded. I don't know if there was anything left to be 23 sold. 24 Q. Did you help assemble documents in response to 25 a request by Nevada Power Company for certain types of - 33 - CONCANNON & JAEGER 1 documents? 2 A. If I had been involved in that, it was not 3 identified to me that it was Nevada Power's request, 4 Q. Have you ever seen a document called Request 5 for Production of Documents that was prepared by Nevada 6 Power Company? 7 A. No, I have not. 8 Q. Do you know whether the Information Center was 9 ever searched for documents to be given to Nevada Power 10 Company as a result of the discovery request they have 11 made? 12 A. 13 Q. I am not aware that thathappened. Do you ever provide documents from your unpub 14 lished reports in response to requests to produce documents 15 in lawsuits? 16 A. tie give the law department what they ask us to 17 give them. Whether they are in response to lawsuits or 18 some other purpose, I'm not sure. 19 Q. * If the Information Center had been searched 20 for documents responsive to a discovery request by Nevada 21 Power Company, would you have known about it as manager? 22 A. I should have. 23 Q . Okay. 24 A. I would like to clarify that by saying it's 25 not necessarily true that I would have. - 34 - CONCANHON JAEGER 1 Q. Who would know about that if you don't? 2 A. The.law department. 3 Q. Is it possible the law department can go 4 through the Information Center without your knowing about 5 it? 6 A. No, but the lav? department may have called one 7 of my staff and said, "Send me material on the following 8 subject," and the lav/ department did not identify that it 9 was for Nevada Power. 10 Q. And if that happened, would your staff report 11 to you that they had received that request from the lav; 12 department? 13 A. My staff usually tells me when they hear from 14 the law department. 15 Q. And if you receive requests from the law 16 department to produce documents, are those given to you 17 orally or in writing? 18 A. Both or either. 19 Q. Has any employee indicated to you that they 20 were called by the law department and asked to produce 21 documents for Nevada Power Company? 22 A. No employee has indicated any connection with 23 any documents for Nevada Power. 24 MR. BRADLEY: Will you mark that section of 25 the transcript. Put a little paper clip on it or some- - 35 - CONCANNON & JAEGER > 1 thing 2 What does the library in Pensacola have in it? 3 A. That1s another library that is principally 4 concerned with fiber and polymer technology. 5 Q, Have you ever visited that library? 6 A . Wo. 7 Q. How long has it been in existence? 8 A. To the best of my knowledge, at least since 9 the sixties, if not earlier, possibly fifties, but not 10 before then. 11 Q. What does the library in Springfield, Mass, 12 have in it? 13 A. Again, X*ve never visited. That is primarily 14 a polymer plastics type collection. 15 Q. And what does the library in Belgium have in 16 it? 17 18 A. Louvain-La-Weuve. Q. All right. What- does it have in it? 19 A. That is commonly called in Monsanto LLN, so 20 we' 11 refer to it as LLN. The LLN library supports 21 Monsanto's interests in Europe. These could be quite 22 varied. Por example, there is some rubber, some plastics, 23 some agriculture, et cetera. 24 Q. Have you been in the LLN library? 25 A. Mo, X have not. - 36 - COMCANNON Ci JAEGER 1 Q. Do you know whether it contains materials 2 relating to PCBs? A- I do not know if they do or if they do not* 4 Q. Are there any other libraries operated by 5 Monsanto that you believe might, and I reiterate might, 6 have documents relating to PCBs that we have not already 7 discussed? 8 A. The libraries that I1ve mentioned to you are 9 the ones that come to mind as being the major Monsanto 10 libraries. There are a few very small collections, I would 11 call them reading rooms, that may be at other facilities. 12 These are like a bookcase with some shelves in it and maybe 13 a couple of journals, and I don1t know anything about 14 those. And I cannot say what any of the other Monsanto 15 libraries may or may not have regarding PCBs. I do not 16 have any knowledge of that. 17 Q. Has the lav; department ever requested that you 18 produce for them copies of documents in the unpublished- 19 report section? 20 MR. PEATHERSTONEs You may answer that yes or 21 no. 22 A. Yes, they have. 23 Q. (by Mr. Bradley) Do you know whether those 24 documents v/ere ever turned over to anyone outside of 25 Monsanto? - 37 - CONCANNON & JAEGER 1 A. I turned them over to the law department. 2 That1s all I know. 3 MR. BRADLEY: That's all that I have. 4 MR. FEATHERSTONE: Mark the end of that 5 testimony for me, please. 6 MR. BRADLEY: I would like to have the partial 7 transcript prepared and questions and answers relating to 8 the Nevada Power Request for Production of Documents and 9 how they didn't know whether or not the information sent 10 was searched for documents. I would have expected to know 11 and didn't know. As soon as you can have that for me. I'd 12 like it. 13 MR. FEATHERSTONE I think it ought to be the 14 entire line of questioning on that point, and also the last 15 two questions I asked for. 16 MR. BRADLEY; I am ordering it. 17 MR. FEATHERSTONE I am extending it. 18 MR. BRADLEY: You are not extending what I 19 ordered. 20 MR. FEATHERSTONE Then order a partial. 21 All right, Jan, Get out of here. 22 THE WITNESS: Okay. 23 24 25 JEANETTE WILLIAMS - 38 - COHCANHOH & JAEGER 1 Subscribed and sworn to before me this _________ day 2 o f _____________ ___ , A. D. , 1993 . 3 MY COMMISSION EXPIRES_________________ 4 5 Notary Public, within and 6 for the State of Missouri 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 - 39 - CONCANNON & JAEGER 1 STATE OF MISSOURI ) ) SS 2 COUNTY OF ST. LOUIS ) 3 I, Mark D. Concannon, a Notary Public within and for 4 the State of Missouri, duly commissioned, qualified and 5 authorized to administer oaths and to take and certify to 6 depositions, do hereby certify that pursuant to Notice in 7 the civil cause now pending and undetermined in the 8 District Court of the United States, within and for the 9 District of Nevada, entitled NEVADA POWER COMPANY, Plain 10 tiff, -vs- MONSANTO COMPANY, et al., Defendants, to be used 11 in the trial of said cause in said Court, I was attended at 12 the law offices of Messrs. Husch & Eppenberger, 100 N. 13 Broadway, in the City of St. Louis, State of Missouri, by 14 Ralph A. Bradley and Richard Hinckley, attorneys for the 15 Plaintiff; by Bruce A. Featherstone, attorney for the 16 Defendant, Monsanto? by Laurie Basch, attorney for the 17 Defendant, Westinghouse? and by JEANETTE WILLIAMS, the 18 witness, in said office on April 1, 1993. 19 The said witness, JEANETTE WILLIAMS, being of sound 20 mind and being by me first carefully examined and duly 21 cautioned and sworn to testify the truth, the whole truth 22 and nothing but the truth in the case aforesaid, thereupon 23 testified as is shown in the foregoing transcript, said 24 testimony being by me reported in shorthand and caused to 25 be transcribed into typewriting, and chat the foregoing - 40 - CONCANNON a JAEGER 1 pages correctly set out the testimony of the aforementioned 2 witness, JEANETTE WILLIAMS, together with the questions 3 propounded by counsel and the remarks and objections of 4 counsel thereto, and is in all respects a full, true and 5 complete transcript of the questions propounded to and the 6 answers given by said witness; and that said testimony, so 7 transcribed, was subscribed to by the witness on the ______ 8 day o f ___________________ , A. D. , 1993 . 9 I FURTHER CERTIFY that I am not of counsel nor 10 attorney for any of the parties to said suit, nor related, 11 nor interested in any of the parties or their attorneys. 12 WITNESS MY HAND and Notarial Seal, given this 13 ______ day o f ______________ , A. D., 1993 , at St. Louis, 14 Missouri. 15 MY COMMISSION EXPIRES MARCH 21, 1994. 16 17 18 MARK D . CON CANNON, 19 Notary Public, within and 20 for the State of Missouri 21 22 23 24 25 - 41 - CONCANNON a JAEGER 1 2 3 Concannon and Jaeger General Court Reporters 4- 705 Olive Street, Ste. 604 St. Louis, Missouri 63101 5 May 3, 1993 6 7 8 Jeanette Williams 9 9910 Warshire Drive St. Louis, Missouri 63132 10 Re: Nevada Power Vs. Monsanto 11 Dear Mr. Wood: 12 This letter, incorporated as the last page of your 13 deposition, taken on April 1, 1993, will serve as notice to you that your testimony is now ready for your reading and 14 signing of same. 15 I would appreciate your contacting my office by calling (314) 421-1000 within the next thirty days so that 16 arrangements can be made to accomplish this before your deposition must be filed in Court. 17 Thank you for your cooperation in this regard. 18 Sincerely, 19 20 21 HARK D. CONCANNON 22 MDC :mk 23 24 25 - 42 - CONCANNON a JAEGER 1 JEMETTE WILLIAMS 2 3 - DEPOSITION CORRECTION SHEET - 4 In Re: NEVADA POWER Vs. MONSANTO 5 Upon reading her deposition transcript and before subscrib ing thereto, the deponent indicated the following: 6 7 Page Line should read: 8 Reason assigned for change: 9 Page Line should read: 10 Reason assigned for change: 11 Page Line should read: 12 Reason assigned for change: 13 Page Line should read: 14 Reason assigned for change: 15 Page Line should read: 16 Reason assigned for change: 17 Page Line should read: 18 Reason assigned for change: 19 Page Line should read: 20 Reason assigned for change: 21 Page Line should read: 22 Reason assigned for change: 23 Page Line should read: 24 25 JEANETTE WILLIAMS - 43 - CONCANNON JAE GER Concannon & Jaeger General Court Reporters July 27, 1993 RE: Nevada Power Company -v- Monsanto Company, et al. Deposition of Jeanette Williams, taken on April 1, 1993. I Mark D. Concannon, do hereby certify that on May 3, 1993, a letter was sent to Jeanette Williams informing her that her deposition was completed and ready for her to read and sign. Said letter is attached to her deposition and numbered page 42. As of this date, the witness has not been in contact with this office to make arrangements for reading her deposition. Therefore, I am returning the unsigned original of Ms. Williams' deposition to the law firm of Bradley & Merrell for purposes of filing with the Court. If I should receive a signature page from Ms. Williams, I will forward it to Bradley & Merrell for insertion into the transcript. LbVL.j y _isffa Mrk D. Concannon Reporter 705 Olive Street, Suite 604 St. Louis, Missouri 63101 (314) 421-1000