Document a13obpEZ2gBqnVaVao9wdw3Eb

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 19, 1993 VIA FAX Bruce Featherstone, Esq. Kirkland & Ellis Fax: (303) 291-3334 Re: Nevada Power Company v. Monsanto Company, et al. USDC, District of Nevada Case CV-S-89-555-LDG (LRL) Dear Bruce, I spoke with Ralph Bradley regarding the upcoming deposition on the PCB Environmental Pollution Abatement Plan, plaintiff's exhibit 1118. You have requested that Nevada Power narrow the issues to be covered. Although there is no absolute guarantee as to what questions will arise in the course of the deposition, Ralph anticipates questioning the witness on the following topics relating to exhibit 1118: - the report summarizing the PCB pollution problems referred to in the introduction all documents refining and/or implementing the plan of action referred to in the introduction - all documents of the Corporate Development Committee (CDC) or that organization known by any other name that relates to exhibit 1118 or to the report or plan of action referred to in the introduction to exhibit 1118 - all documents from any member of any committee that reviewed exhibit 1118 including, but not limited to, documents reviewed by the then chairman of the board at the time the PCB Environmental Pollution Abatement Plan was written legal liability as discussed in section V. A. on page 5 - the anticipated costs of direct lawsuits referred to on page 5 under legal liability P:\USERS\OHH\NVPOUER\ Addressee [DATE] Page 2 - all documents relied upon to come up with language on page 6 that "although Monsanto is most probably responsible for the U.S. contamination and jointly responsible with MCL for the United Kingdom problem, we cannot accept responsibility for the World," all documents supporting this statement, and any document that develops a plan of action aimed at or relating to the conclusion that Monsanto is most probably responsible of the U.S. contamination - all charts ever prepared discussing the courses of action described on pages 10 and 11 all financial analysis whether they be in memos, reports, letters, or other documents that discuss the costs of different courses of action and cost/benefit tradeoffs of different courses of action - the meaning on page 13 under C. 4. of action "that will not unduly alarm the market but reduce the exposure in terms of liability" - the meaning on page 16 section XV of "develop costs for the duplementation of the Recommended course of action. - the meaning on page 16 section XV of "prepare for "precipitious [sic] pullout" or drastic legislative action" It would increase the efficiency of the deposition if you would bring the relevant above mentioned documents to the deposition for reference by the deponent. Sincerely, BRADLEY & MERRELL DNM :bms DEBORAH N. MAILANDER P:\USERS\DNH\NVPOWER\ BRADLEY & MERRELL c/0 JONES, JONES, CLOSE & BROWN, CHARTERED Seventh Floor -- Valley Bank Plaza 300 South Fourth Street Las Vegas, Nevada 89101-6026 (702) 385-4202 M E S S A G E FROM X E R O X 7024: (702) 385-1655 DATE: ~t 'f f~ ? 3 TO: Bruce A. Featherstone, Esq. FAX#: (303) 291-3334 PHO N E #: (303) 291-3000 FROM: QdofoC, ________ CLIENT/MATTER: Nevada Power v. Monsanto, et al. CLIEN T/M A TTER NO.: 11927.2 DOCUMENT(S) DESCRIPTION: NUM BER O F PAG ES (including cover page): MESSAGE: 3 THIS TELECO PY IS INTENDED O N LY FO R THE ADDRESSEE NAMED A B O V E fT M AY CONTAIN INFORMATION THAT IS PRIVILEGED AND CONFIDENTIAL IFYOU HAVE RECEIVED TH E TELECO PY IN ERROR, PLEASE NOTIFY US IMMEDIATELY B Y TELEPHONE, DESTROY ALL COPIES, AND DO NOT DISSEMINATETH E INFORMATION TO ANYONE. THANK YOU FOR YO UR ASSISTANCE. IF YOU EXPERIENCE PROBLEMS WITH THIS TRANSMISSION, please call (702) 385-4202 and ask for: Robert Osterloh, Ext. 615 BRADLEY & MERREUC /O JO N ES, .BONES, C LO S E & BROWN, CHARI Seventh Floor -- Velley Bank Plaza soo South Fourtn stroet l a s Vega*, Nevada 8 1 0 1 -6 0 2 0 (7 0 2 ) 3 8 5 - 4 2 0 2 M E S S A G E F WOISA X E R O X 7024: (70^0 3Sfir1g5S DATE: ___~y TO: Bruca Featherstono, Esq. F A X #: P H O N E #1 (303) 291 -3334 (303) 291-3000 FROM: 6^ Z^1 ______________ C U EN T /M A T T ER : Nevada Rawer v. Monsanto, ot al. L IE N T /M A T T E H NO.: 11927.2 D O C U M EN T (S) D ESCRIPTIO N : l ' S i >'<=- -7*t7> ^ O ^ . , V-, K o >C * *m -h f f t * NUM BER OP PAG ES (Including cover paga): MESSAGE: IF Y O U E X P E R IE N C E P R O B LE M S WITH THIS TRANSM ISSIO N, p ieces call (702} 385-4202 and ask for: Rodert Osterloh, Ext. S t 5 TRANSMISSION REPORT THIS DOCUMENT WAS CONFIRMED (REDUCED SAMPLE ABOVE - SEE DETAILS BELOW) ** COUNT ** TOTAL PAGES SCANNED : 3 TOTAL PAGES CONFIRMED : 3 *** SEND *** No. REMOTE STATION START TIME DURATION #PAGES MODE RESULTS 1 B FEATHERSTONE 7-19-83 5:06PM 1,42" 3/ 3 EC NOTE: No.: OPERATION NUMBER 48 ^D : POLLED BY REMOTE SF IB : SEND TO MAILBOX PG -1 TOTAL 0:01'42" 3 :4800BPS SELECTED EC :ERROR CORRECT :STORE & FORWARD RI :RELAY INITIATE :POLLING A REMOTE MP :MULTI-POLLING COMPLETED . 9600 G2 : G2 COMMUNICATION RS : RELAY STATION RM : RECEIVE TO MEMORY