Document YDm6oVbGxONGg5LZ0e4brvaZK

BRADLEY & M ERRELL j JO N E S , JO N E S , C L O S E & BROW N, C H A R T ER EiD Seventh Floor -- Bank of Am erica pia?a 300 South Fourth Street [ Las Vegas, Nevada 89101-6026 (702) 385-4202 I ij M E S S A G E FR O M X E R O X 7024: f702 3B5-1655 DATE: L i t $ 0 , M 3 II ? J' TO: "DV: i w n o i $ c k e ,c -& r f a x #: ( U PHONE #: FROM: CLIEN T/M A TTER : Nevada Power v. Monsanto CLIEN T/M A TTER NO.: 11927.2 DOCUM ENT(S) DESCRIPTION: \o4iu-Si> ii-scs^o^_ n U 2 3 77 6 - % 5 l! N UM BER O F P A G E S (including cover page): M ESSAGE: iii THIS T B E C O P Y IS IN ie iD E D ONLY FOR TH E A D O flESSSN A M H } ABOVE. IT MAY CONTAIN INFORMATION THAT tS PRM IH 3H ) AND CONFIDENTIAL. F YOU HAVE RECEIVED TH E TH .ECO PY IN S tflO R , PLEASE NOTIFY US IMMEDIATELY BY T ELB 'HONE,DESTROY ALL COPIES,AND DO NOT DISSEMINATETH E INFORMATIONTO ANYONE. THANKYOU FOR YOUR ASSISTANCE. IF YOU EXPERIENCE PROBLEM S WITH THIS TRANSMISSION, please call (702) 385-4202 and ask fo r Robert' Osterloh, Ext. 615 iii i * Nevada Power v. Monsanto C o . . et al. Case No. CV-S-89-555-LDG-LRL ) PRETRIAL WITNESS STATEMENT (draft approved by Dr. Ellis 7/30/93) Richard Ellis, Ph.D. P.O. Box 100 Hixson, Tennessee 37343 SUMMARY OF TESTIMONY | Dr. Ellis is chairman of Advanced Waste Management Systems, Inc. He is a Hazardous Waste principal invesjtigatpr for the World Bank, and concurrently works as an invited consultant, investigator and project manager for six eastern Europe1an co|untries, Korea, Indonesia, Taiwan and China in their hazardous waste identification and clean-up efforts. Dr. Ellis has testified as an expert witness ij before Federal Court and governmental agencies, and is a primary i 1. . hazardous waste consultant for The Pentagon. Dr. Ellis is a former !J Senior Environmental Engineer for the Tennessee Valley Authority, jJ and a former research associate at Ohio state University. ! Dr. Ellis was called as a Reserve Officer during the Gulf War and is a veteran of the Vietnam war. He is currently a Lieutenant Colonel in the United States Air Force Reserves. Dr. Ellis received his Ph.D. with major! course work in Public Administration and Engineering at Ohio State} University. He holds a master's degree in Natural Resource Management and a bachelor1s degree in Zoology. I Dr. Ellis' appointments have included: ASTM Subcommittee D-34 | Underground Storage Tanks; Board of Directors, Chattanooga World ' i| Ij Trade Center; Chattanooga-Hamilton County Local Emergency Planning Committee; Chattanooga State Community Colle!ge Curriculum j| Committee; Governor's Appointee to Tennessee^ International Trade . 1J and Export Advisory Council; and Institute of Hazardous Materials Managers. Dr. Ellis is listed in the Who is Who Environmental Registry and W h o 1s Who of American Inventors. Dr. Ellis has authored and co-authored numerous speeches and I1 publications relating to the management of hazardous wastes. Dr. Ellis will testify on the basis of his education, training, research and work experience. He will tlestify based on i| his understanding of the current methods of hazardous material identification and cleanup and handling of hazardous materials. His testimony will be based specifically on PCBs, dioxins and furans, and current state of the art methods in working with these hazardous wastes. Dr. Ellis will rely on the general scientific literature i relating to PCBs, dioxins and dibenzofurans, 'as well as on his own research. He will rely on publications and research performed by others in the field regarding cleanup of PCBs, dioxins and dibenzofurans. . II Dr. Ellis will rely on current governmental I regulations regarding hazardous wastes, particularly PCBs, dioxins ii and dibenzofurans. Dr. Ellis will also rely on documents presented i to him by attorneys for Nevada Power. ,j Dr. Ellis is presented as an expert on hazardous wastes. His testimony will reveal his opinion that Nevada Power's compliance i ,| with government regulations regarding PCBs, dioxins and dibenzo- iI furans has been reasonable, if not regarded as exemplary. He will I i. . opine that Nevada Power's methods and costs incurred in its efforts ii to clean up PCB contamination were reasonable, and that Nevada Power's anticipation that the Environmental Protection Agency will I1 eventually lower the PCB contamination limit1 to under 50 ppm is reasonable. Dr. Ellis will testify regarding the PCBs, dioxins and furans found on the property of Nevada Power, including the effect(s) said j] substances have had and continue to have on property values. He will testify regarding the reasonableness of the mLthods employed by Nevada Power to calculate damages resulting from PCB contamination, as well as the reasonableness of projected expenses for PCB cleanups. Dr. Ellis will establish that a grevious wrong was committed against Nevada Power. He will testify regarding his review of Nevada Power1s acti.v.it.ies to comIplIy .with government regulations relating to PCBs. I i ii Dr. Ellis will testify that any detectable amount of PCB is i considered hazardous in Hungary. He will testify that any amount of PCB greater than 1 ppm found in impermeable soil is considered hazardous in Holland, and that .05 ppm found in permeable soil is considered hazardous in the same country and that these standards are widely accepted throughout Europe. Dr. Ellis will testify that the United States will suffer international trade problems if this country does not lower its standards to comparable limits. Dr. Ellis may also be called upon to define and explain terms introduced in various documents regarding the handling of hazardous wastes. j:\ncv\ijs\xprt\cllis.dis