Document Yr2RyMkrjyL4nKQB315xK2wny

BRADLEY & MERRELL ____ 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 , / i I have enclosed a proposed draft Stipulation and Order on the expert deposition schedule. 1 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 i 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 i ii i i 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 ! 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 i 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 i By: ' 1 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 ` Dated: July __, 1993 ALVERSON, TAYLOR; MORTENSON & NELSONi i 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 2 ii i i i 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 I I IT IS SO ORDERED Ii DRAFT Dated : 1993 l Magistrate Judge] United States District Court I\ I III I 3 I s I 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 j 2) Industrial Organization j 3) Econometrics i 4) Utility Rate valuation | 5) Utility Property Valuation J 6) The economics of local government services 7) Damage quanitification for utilities 8) Capitol costs ! 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. iii i ii i i 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; j 4 ) Discussions with persons employed by Nevada Power; 5 ) Documents provided to Nevada Power by the defendants during discovery. j:\nev\ijs\xpit\andencQ.dis IfI I I