Document Rpm9G1Q4wn6Vq4wb8vLeX2jZV

C LIFFO R D A . JO N E S HERBERT Mt JONES M ELVIN D, C LO S E, JR , JO S E P H W, BROW N G A R T R. G O O D H E A R T M iC H A E L E. B U C K L E T W ILL KE M P KIRK R. H A R R ISO N DOUGLAS 0 , CROSBY R IC H AR D F. JO S T law o f f ic e s JL R A N D A L L J O N E S CHARLES H. M cCREA, SR J A N E T l_ C H U B B DOUGLAS M COHEN P A T R IC IA U C U R TIS KIRK B- LE N H A R D W AYN E L. M O R TIM E R J U L IE N G . S O U R W IN E D AVID L M O U S E L DOUGLAS A. SLOANE J ones, J ones, Close & Bbown ClIAJTEIED A P R O F E S S IO N A L C O RPO RATIO N S E V E N TH FLO O R ' V A LLE Y S A N K P LA ZA 3 0 0 SO UTH FO URTH s t r e e t L A S V IS C T A S . N K V A D A B O IO L 'G O S O KR ISTO N T, B A LLA R D CARA L BROWN W ILLIAM L C O U LTH AR D DEREK C. ENCE JA M E S W. E F B E C K JOHN W HELD GARY T. FOREM AST EH ANTHONY C* GORDON KIRK D. H E N D R IC K R IC H A R D F. H O LLEY D AVID G . JO H N S O N JO H N E LEACH PAUL A LEMCKC MARK D. LERNER RENEE R. REUTHER S T E P H E N M, R IC E E R IK A P A LM E R R O G E R S JANE A STECKBECK K E V IN FL 5 T O L W O R T H Y JO H N M . S U LLIV A N April 21, 1992 Richard L. Hinkley, Esq. Vice President Secretary and Chief Counsel Nevada Power Company 6226 West Sahara Avenue P.O. Box 230 Las Vegas, Nevada 89151 TELEPHONE 1702) 3 B 5 -4 2 0 2 T E L E C O P IE R (7021 364-2270 (7021 303-0006 OF COUNSEL L Y LE R IV E R A Re: Nevada Power Company v. Monsanto Company, et al Dear Richard: Now that the Ninth Circuit has finally disposed of the Defendant's Petition For Rehearing, this matter is headed for settlement or trial on the merits, and in either case it is important that Nevada Power be able to quantify its damages as comprehensively as possible. We have spoken of this before, but following are some of the expenses that would properly- be cognizable in determining Nevada Power's special damages: 1) Investigations, both of plant and field records to ascertain locations of PCB equipment and PCB contaminated equipment. 2) Testing, re-testing and monitoring of equipment that was formerly PCB or PCB contaminated, but which has been retrofitted or rehabilitated. 3) Retrofilling PCB and PCB contaminated equipment. 4) Removal of PCB and PCB contaminated equipment. 5) Replacement of PCB and PCB contaminated equipment, including costs of new equipment. 6) Transportation of PCB and PCB contaminated equipment. 7) Storage of PCB and PCB contaminated equipment. RENO o f f ic e : 333 MARSH AVENUE RENO, NEVADA B 9 5 0 4 TELEPHONE (702) 3 4 0 - 0 0 8 0 (702} 3 2 3 -0 6 3 3 TELECOPIER (702) 3 4 8 -O B 0 6 * (702) 3 2 3 -S 6 S S  Richard L. Hinkley, Esq. April 21, 1992 Page 2 .& 8) Disposal of PCB and PCB contaminated equipment. 9) Any and all costs incurred in complying with EPA regulations relating to PCB's (Nevada power would have no such costs had it not purchased any PCB contaminated equipment). 10) Record keeping required by any of the foregoing. 11) Costs of programs undertaken to educate, inform, and protect employees and/or the public with respect to PCB hazards (Nevada Power would have no such costs had it not purchased any PCB contaminated equipment) . 12) All costs and expenses incurred to date in prosecuting this case. The more detail that can be supplied for the purposes of (i) identifying (by date of installation and serial number if possible) the equipment changed out, and (ii) the cost of replacement equipment, the better. I believe we can now expect the pace to pick up appreciably; in fact, we intend to pick it up. Also, the prospects of recovery are of course greatly enhanced by the Ninth Circuit's Opinion, Amended Opinion and refusal to rehear. I think Nevada Power will be well rewarded for whatever effort it now makes to quantify its damages, comprehensively and in detail. Very truly yours, JONES, JONES, CLOSE & BROWN, CHARTERED C H M :j kk Charles H. McCrea, Sr. Lb f e JONES, JONES, CLOSE & BROWN, CHARTERED Seventh Floor -- Valley Bank Plaza 300 South Fourth Street Las Vegas, Nevada 89101-6026 (702) 385-4202 MESSAGE FROM PANAFAX UF-250: (702^ 384-2276 DATE: May 4, 1992 T O / tVA'/,7 )> FAX#:^ H ^-o/^? </ PHONE # :_________ TO:________________________________ F A X # :____________ FROM: L ' L A a ' . I - PHONE # :_________ CLIENT/MATTER: " CLIENT/M ATTER NO.: /' / J fe '7 -a ._________ NUMBER OF PAGES (Including cover p a g e ) : _ _ ^ ^ _ MESSAGE:____________________________________________ THIS TELECOPY IS INTENDED ONLY FOR THE ADDRESSEE NAMED ABOVE. IT MAY CONTAIN INFORMATION THAT IS PRIVILEGED AND CONFIDENTIAL IF YOU HAVE RECEIVED THE TELECOPY IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE, DESTROY ALL COPIES, AND DO NOT DISSEMINATE THE INFORMATION TO ANYONE THANK YOU FOR YOUR ASSISTANCE. IF YOU EXPERIENCE PROBLEMS WITH THIS TRANSMISSION, please call (702) 385-4202 and ask for: Dale SEND T R A N S A C T I O N REF- &RT MAY-19-92 TUE 14=32 DATE S. T. NAME 01 M A Y - 19 14:29 3 875169 TIME PGS 3' 10' 5 NOTE OK DP