Document Yr2RyMkrjyL4nKQB315xK2wny
BRADLEY & MERRELL
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JO N ES. JO N ES, C LO SE . BROWN, CH ARTERED
Sovonth Floor -- Bank of Am erica Plaza
aoo south Fourth sire o t
Lee Vegaa, Nevacl 80101-6026
(702) 385-4202
M ESSA G E FROM XER O X 7QZ4: X7P2) 365-1555
DATS:
TO:
John I_Thomdal, Esq.
FAX #: PHONE #:
(702) (702)
TO: <J. Bruce Alvoraon, Esq.
TO:
Bruce A. Featheratane, Eq.
FAX PHONE #: - FAX #: PHONE 4-:
(702)
(702) 1 (303) 1 (303)
TO: Steven R. Kunoy, Esq.
FAX #: . PHONE 4:
(202) (202)
TO: Arvln Maskln, Esq.
FAX a:
(21 2) (212)
_______
PHONE #: (212)
FROM;
MATTE Ft/M ATTE FI NO.:
Nevada Powar v. Monsanto, et oil, #1127.2
D O C U M E N T S) DESCRIPTION: NUMBER OF PAGES (Inoiudlng covar pago):
c_*
JUL-29-93 THU 17:11 WILLIAMS & CONNOLLY
FAX NO. 2024345328
P. 02
DAVID C . KIERNAN
(202) 434-5101
LW OFFICES
WILLIAMS CONNOLLY
725 TWELFTH STR.EET, N.W
WASHINGTON, D,C.20005
(202) 434-5000 FAX (202) 434-5029
July 29* 1993
O W A H D B M N S T T 'V IL L IA U a CI92G -I& & & PAUV K. C O N N O L L Y U e a S -IB ^ a i
VIA TELECOPY
Paul E. Merrell, Esq. Bradley & Merrell c/o Jones, Jones, Close & Brown 700 Bank of America Plaza 300 South Fourth Street, 7th Floor Las Vegas, Nevada B9101-6026
Re: , Dear Paul:
Nevada Power Company v. Monsanto Company, et al Case No. CV~S-09~555rLDG-LHL ,
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I have enclosed a proposed draft Stipulation and Order
on the expert deposition schedule.
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We are not proposing a stay of expert depositions but rather postponing their commencement for a few weeks to allow all parties to complete the remaining twenty or so fact depositions identified in parts A and B of the Stipulation tendered to the Court on July 23, 1993.
Counsel for all three defendants have agreed to this proposal. However/ counsel for Westinghouse |are still awaiting word from their client to confirm. As soon as I hear from them, I will let you know.
^Sincerely,
D C K /Sp
David c- Ki^rnan
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cc: Arvin Maskin, Esq. (via telecopy) Bruce A. Featherstone, Esq. (via telecopy) J. Bruce Alverson, Esq. (via telecopy) . John L. Thorndal, Esq. (via telecopy)i
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JUL-29 -93 THU 17:11 WILLIAMS & CONNOLLY
FAX NO. 20243*15328
P. 03
UNITED STATES DISTRICT COURT DISTRICT OF NEVADA!
NEVADA POWER COMPANY, a Nevada Corporation,
CV-S-89-555-LDG-LRL
Plaintiff,
V.
MONSANTO COMPANY/ a foreign cor poration; GENERAL ELECTRIC COMPANY, a foreign corporation; WESTINGHOUSE ELECTRIC CORPORATION/ a a foreign corporation; and DOES I through XXV, inclusive,
STIPULATED ORDER RE EXiPERT DEPOSITIONS
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DRAFT
Defendants.321
STIPULATION AND ORDER *TM ifi
All parties to this action, through undersigned
counsel, agree and stipulate to the following modifications in
the Court's April 8, 1993 Scheduling Order and.Litigation Plan.
The parties propose modifying tiat Or|der as follows:
1. Paragraph 6 of the April 8; 1993 Scheduling Order iI
is modified to provide that Plaintiff shall provide Rule
26(b)(4) disclosure of its experts and their anticipated
testimony by August 27, 1993. Defendants[may depose Plaintiff's
experts from August 27 , 1993 through October 1,' 1993.
2. Paragraph 7 of the AprilSch8,edu1l9i93ng Order
is modified to provide that Defendants shall provide Rule
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26(b)(4) disclosures of their experts and itheir anticipated
testimony by October 8, 1993. Plaintiff may depose Defendants'
experts from October 8, 1993 through November 5 1993.
3. Paragraph 8 of the April 8,,' 199 3 Scheduling Order
is modified to provide that discovery will close on November 5,
JUL-29-93 %THU 17:12 WILLIAMS & CONNOLLY
1993 .
FAX NO. 2024345328
1 < (' 1 !
P. 04 -
Dated: July . , 1993
BRADLEY 5. MERRELi1
P i1 1
DRAFT
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By: '
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PAUL E- MERKTT'
RALPH A. BRADLEY
300 South Fourth S t ,, Suite 700 \
Las Vegas, Nevada 89101
(702) 3B5-4202
Attorneys for PILintiff NEVADA POWER
COMPANY
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Dated: July __, 1993
ALVERSON, TAYLOR; MORTENSON & NELSONi
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By:
BRUCE ALVERSON
DAVID R . CLYS0N
ALVERSON, TYLOR, MORTENSON &
NELSON
3821 West Charleston Blvd.
Las Vegas, Nevada 89102
(702) 364-7CI00
f Attorneys for Defendaa : GENERAL
ELECTRIC COMPANY j
Dated: July , 1993
THORNDAL, BACKUS, m a u f ;[N R ARMSTRONG
By: JOHN L. THORNDAL PEGGY A . LEEN THORNDAL, BACKUS, MAUPIN & ARMSTRONG i 11O0 East Bridger Avenue Las Vegas, Nevada 89125-2070
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JUL-29-93 THU 17:12 WILLIAMS & CONNOLLY
FAX NO. 2024345328
P. 05
{702} 366-0622
Attorneys for Defendants MONSANTO
COMPANY and WESTINGHOUSE ELECTRIC
CORPORATION
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IT IS SO ORDERED
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DRAFT
Dated :
1993
l
Magistrate Judge] United States District Court
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I Nevada Power v. Monsanto Co., et al..
Case No. CV-D-89-555-LDG-LRL
PRETRIAL EXPERT WITNESS STATEMENT FOR PLAINTIFF NEVADA POWER* IilII
Steven Andersen, Ph. D. Economic & Policy Analysis, Inc.
13300 Council Bluff Dr.
Austin, Texas 78727
draft
SUMMARY OF TESTIMONY
D r . Andersen is an economist, independent consultant, and principal of Economic & Policy Analysis, Inc. He is currently evaluating Nevada Power Company's damage calculations. Dr. Andersen's former positions include Chief Economist with the Office of Public Utility Counsel in Austin, Texas, Ch i e f ]Economist with the Office of Public Counsel in Jefferson City, and Professor of Economics for the State University College, OswegoJ New York.
Based on his training, education and experience, Dr. Andersen has developed expertise in the following areas:
1) Public Regulation
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2) Industrial Organization
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3) Econometrics
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4) Utility Rate valuation
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5) Utility Property Valuation
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6) The economics of local government services
7) Damage quanitification for utilities
8) Capitol costs
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D r . Andersen is presented as an expert on Nevada P ower1s measure of damages. During trial, Dr. Andersjen will testify that Nevada Power has suffered financial loss from the removal of equipment because it contained PCBs, that it will continue to suffer such loss as equipment containing PCBs is [removed in the future, and that the replacement value of tliis equipment is the proper measure of damages. His testimony may also include consideration of the useful life and salvage value of utility equipment. He may also be called on as needed[ to define and explain technical terminology relating to economics of utilties.
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In evaluating Nevada Power Company's damages calculations and in developing his opinions regarding those calculations, D r . Andersen relied on the following:
1) Prior Resesarch and Publications he has conducted;
2 ) Research and publications by his peers; |
3 ) Damages documentation and supporting materials provided
by Nevada Power;
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4 ) Discussions with persons employed by Nevada Power; 5 ) Documents provided to Nevada Power by the defendants
during discovery.
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