Document O3QgVj7m9Drb4My3D5r5ObZxL

Telephone: (702) 385-4202 BRADLEY & MERRELL c/o Jones, Jones, Close & Brown 300 South Fourth Street, Seventh Floor Las Vegas, Nevada 89101-6026 Fax: (702) 385-1655 July 21, 1993 Steven Anderson, P h .D . Economic Policy & Analysis, Inc. 13300 Council Bluff Dr. Austin, Texas 78727 Re: Nevada Power Company v. Monsanto Company, et al. USDC, District of Nevada, Case CV-S-89-555-LDG-LRL Dear Dr. Anderson I am very pleased to respond to your agreement to testify as an expert for Nevada Power Company in the matter referenced above. Enclosed you will find a consulting agreement made out to you through Economic Policy & Analysis, Inc. As per your request, we have listed your charges as $105/hr. If this is incorrect, please let me know immediately.- If not, please sign the agreement and return it to me. You will also be contacted soon by a representative of Fisher, Gallagher & Lewis, a firm that will be working with us on this litigation. In the meantime, my telephone number is (702)3863369. Sincerely RJS:dd c c : TNB Michael Gallagher, John Kim, Esq. Enclosure Esq. itairpow afU x|tt^uJenanJO & Steven Anderson, Ph.D. July 21, 1993 Page 2 NEVADA POWER COMPANY V. MONSANTO COMPANY, ET AL. CONSULTING AGREEMENT This agreement is by and between Nevada Power Company ("Nevada Power") and Economic Policy & Analysis, Inc., by Dr. Steven Anderson. It concerns the matter of Nevada Power Company v. Monsanto Company, et al.. USDC, District of Nevada, Case CV-S-89555-LDG-LRL. Economic Policy & Analysis, Inc. employs Dr. Steven Anderson; Nevada Power desires to retain the services of Dr. Anderson as an expert in the correct method of measuring the damages Nevada Power suffered when it purchased electrical euipment containing PCBs from the defendants Monsanto Company, General Electric Corporation and Westinghouse Electric Company. Therefore, it is agreed to by the parties that: 1. Consulting Services Economic Policy & Analysis, Inc. agrees to provide consulting and other services regarding the measurement of damages, and to provide all services which are incidental to and in conjunction with this field. 2. Independent Status Nothing in this Agreement shall be considered to create the relationship of employer and employee between Nevada Power and Economic Policy & Analysis, Inc. Economic Policy & Analysis at all times shall be deemed an independent contractor. 3. Fee Schedule Nevada Power agrees to pay Economic Policy & Analysis, Inc. in accordance with the following fee schedule: a. Services $105/hr. "Services" shall include internal office expenses, research, review and analysis of relevant material regarding measurement of damages, personal or telephonic conferences and consultation and/or preparation of reports. It shall also include time spent testifying at deposition and in trial. rfiV iv|xn ira\u tpw W lB xf*ron JO 6 Steven Anderson, Ph.D. July 21, 1993 Page 3 b. External office expenses To be billed separately to Nevada Power "External office expenses" shall include costs for copying sent out to copy centers, express mail delivery charges, etc. Internal office expenses shall be borne by Economic Policy & Analysis. c. Travel expenses To be billed separately to Nevada Power or arranged by Nevada Power This covers expenses generated in long distance travelling to or from sites for meetings, conferences, depositions, hearings or trial. All air travel will be by regular coach class unless no other accomodations are available. The above fee schedule hall not be changed or amended without the agreement in writing of both parties. 4. If in any one month Economic Policy & Analysis, Inc. expects to charge Nevada Power $5,000 or more, it must submit an itemized estimate of the charges in writing for prior approval by Nevada Power. 5. Economic Policy & Analysis, Inc. will send a monthly billing statement to Nevada Power reflecting all services, fees and expenses. 6. Due to the size and nature of this litigation, if for any reason Economic Policy & Analysis, Inc. is not able to continue as a consultant on this case, it must give Nevada Power Company at least thirty (30) d a y s 1 notice. The notice shall be in writing and sent via certified mail to: Paul E. Merrell, Esq. 300 S. Fourth St., 7th Floor 700 Bank of America Plaza Las Vegas, Nevada 89101-6026 W n vp o w rtto vp n titsxto n o n JOS Steven Anderson, Ph.D. July 21, 1993 Page 4 7. It is understood that Economic Policy & Analysis, Inc. will undertake efforts on behalf of Nevada Power only as requested. 8. This Agreement constitutes the entire agreement between the parties relating to the subject matter hereof. Any amendment or modification must be in writing and signed by both parties. 9. This Agreement is hereby signed and executed by: Nevada Power Company by and through its attorneys, Economic Policy & Analysis, Inc. By: ______________________________ Steven Anderson, Ph.D. Date: fj^nvpmmMtoxpw W m dOTon JOS