Document gD5VYNkLrV1RQ1916w4OKMbje

JUL" 1-93 THU 15117 W1LLIAH5 8tCONKOLLf A ROBERT J. 5HAUCHWE55Y (202) 434-5564 LAWOFFICES WILLIAMS & CONNOLLY 725 TWELFTH STREET, KW. WASHINGTON, D. C. 20005 (202) 434*5000 FAX (202) 434-5029 P. 02 i&waxotwtirr vauAMi <iao>ia) fAWL iu < ;o K N O L x y t i a a - i * r o ) July 1, 1993 BX-FACSIMILB Paul E, Merrell, Esq. Bradley & Merrell c/o Jones, Jones, Close a Brown 700 Valley Bank Plaza 300 South Fourth Street/ Suite 700 Las Vegas, Nevada 89101-6206 Re: Nevada Power Litigation Dear Paul: This letter concerns Nevada Power's Thirteenth Supple mental Notice of Deposition Schedule, served June 28, which calls for GE to produce four witnesses during the week of July 5. There are two issues: (i) your request to depose Manny Neal; and (2) the timing of the noticed GE depositions. As you know, Mr. Neal is in-house counsel for GE's Power Delivery operation. In that capacity, he has been responsible for coordinating and overseeing GE's defense of this case and other PCB-related claims involving GE equipment. Judging from your witness list, you wish to examine Mr. Neal about his knowledge of GE's retention of PCB-related documents. GE objects to producing Mr. Neal because (1) any examination of him would inevitably trench upon his mental Impressions and legal opinions, which are protected under the work-product doctrine, and (2) Nevada Power has not ex hausted other available means of obtaining the desired information. Se? Shelton v. American Motors Corp_. . 805 F.2d 1323, 1327 (0th Cir. 1986). GE is willing, however, to produce in Mr. Neal's stead a Rule 30(b)(6) designee with knowledge of G E 's document retention policy and the retention of PCB-related documents. Please let me know as soon as possible whether Nevada Power will withdraw the Notice of Deposition as to Mr. Neal and accept the 30(b)(6) wit- JUL- 1-93 THU 15M7 WILLIAMS & CONNOLLY i ' A P. 03 i .^ WILLIAMS d CONNOLLY ness. If Nevada Power does not agree to withdraw the Notice as to Mr, Neal, GE will move for an appropriate protective order. As to timing, because of the short notice, GE is not pre pared to produce any of the identified witnesses on the dates noticed. We are prepared to produce the witnesses in Trumbull, Connecticut on the following dates: 30(b)(5) re hazards July 12 30(6)(6) re document retention July 12 or 13 30(b)(6) re "trade associations" July 12 or 13 John Brown July 13 Please let me know as soon as possible whether you will accept this proposal. Sincerely yours, cc: Defense Counsel