Document k69w13BrbggqQ7OmKDmrQNwnE

BRADLEY & MERRELL c/o JONES, JONES, CLOSE & BROWN, CHARTERED Seventh Floor -- Bank of America Plaza 300 South Fourth Street Las Vegas, Nevada 89101-6026 (702) 385-4202 MESSAGE FROM XEROX 7024: (702 385-1655 TO: John L Thorndal, Esq. FAX #: (702) 366-0327 PHONE # : (702) 366-0622 TO: David R. Clayson, Esq. FAX#: (702) 385-7000 PHONE #: (702) 384-7000 TO: Bruce A. Featherstone, Esq. FAX#: (303) 291-3334 PHONE #: (303) 291-3000 TO: Steven R. Kuney, Esq. FAX#: (202) 434-5029 TO: Arvin Maskin, Esq. PHONE #: FAX#: PHONE #: (202) 434-5843 212( ; 310-8007 212( ) 310-8000 FROM: wu CLIENT/MATTER: mi Nevada Power v. M onsanto, et l. CLIENT/MATTER NO.: 11927.2 DOCUMENT(S) DESCRIPTION: NUMBER OF PAGES (including cover page): MESSAGE: IF YOU EXPERIENCE PROBLEMS WITH THIS TRANSMISSION, please call (702) 385-4202 and ask for: Robert O sterloli, Ext. 615 BRADLEY * MERRELL ID =7023851655 TRANSMIT CONFIRMATION REPORT NO. RECEIVER TRANSMITTER DATE DURATION MODE PAGES RESULT 003 BRADLEY * FE] 01*02 STD 02 OK 7023660327 MERRELL ! FEE 2 4 ' 93 10:4 BRADLEY + MERRELL ID :7023851655 FEB 2 2 ' - FEB 2 4 ' FEB 24 *93 10 =42 RCTiyiTY REPORT <SEND > NO. REMOTE STATION 012 E x e c u t iv e O f f i c e s 013 7023660327 014 7023857000 015 Execut i ve O f f ic e s 016 314 331 9029 017 812 336 5307 018 314 331 9029 001 13144210239 002 214 520 1181 003 ' 615 791 6567 004 13144210239 005 13144210239 006 13144210239 007 13144210239 008 314 331 9029 001 615 791 6567 002 303 291 3334 003 7023660327 MODE STD STD STD STD STD STD STD STD STD STD STD STD STD STD STD STD STD STD START 22,15=07 22,15=21 22,17:24 22,17=27 22,17=53 22,18=17 22,18=39 23,08=16 23,10=08 23,11=19 23,13=33 23,14=31 23,14=47 23,14=55 23,17=09 24,10=07 24,10=37 24,10=40 DURATI!ON PljlGES RESULT 0 0 ' 3 81 01 * OK 02 ' 221 05 * OK 01 ' 15 1. 02 K 01 '0 02 * OK 06 ' 171 01 ' 29i 00 ' 59 i 0 1 ' 4I 15 * 02 02 * 04 * OK OK OK OK 02 ' 09 i 01 ' 30 i 0 2 ' 01 i 13 ' 07i OO' O1 18 ' 32 i 14 ' 10i 01 4=5 04 OK 02 OK 04 * OK 20 T . 4 . 1 00 D . 0 . 0 30 OK 26 * OK 03 OK 01 ' 03i 01 ' 02i 02 * 02 * OK OK NOTE SEND SEND SEND SEND SEND SEND SEND SEND SEND SEND SEND SEND SEND SEND SEND SEND SEND SEND ACTIVITY REPORT (RECEIVE) NO. 002 001 002 003 004 001 002 REMOTE STATION 314 331 9029 615 791 6567 615 791 6567 503 528 7151 Executive Offices 18004513376 18004513376 MODE STD STD STD STD STD STD STD START 22,19=21 23,07=15 23,08=11 23,14=14 23,15=36 24,08=40 24,09=19 DURATIiON PIEGES RESULT 01 ' 21t 02 * OK 09 ' 15P 10 OK 00 ' 56r 01 OK 00 ' 4ji 01 OK 03 ' 05i 12 ' 151 04 ' 11 i 03 * 23 07 OK OK OK NOTE MEMORY - i I GEOMET T echnologies, I nc. Phone: 301/428-9898 Fax: 301/428-9482 20251 Century Boulevard. Germantown. Maryland 20874 ATTORNEY WORK PRODUCT February 24, 1993 IE-3759 Bradley and Merrell c/o Jones, Jones, Close and Brown, P.C. Seventh Floor, Bank of America Plaza 300 South Fourth Street Las Vegas, Nevada 89101-6026 Attention: Ralph A. Bradley Gentlemen: This letter plus two enclosures constitute my reply to the letter to me from Mr. Ralph A. Bradley dated February 19, 1993. I believe that this letter addresses the questions posed as well as I can without significant expenditure of effort. In preparing this response, I have made two assumptions as follows: (1) Mr. Bradley's reference to "PCB contaminated dielectric fluid" referred to actual Askarel fluid originally used in PCB-containing transformers and capacitors and not mineral oil or other coolant which had been inadvertently contaminated with PCBs; and (2) the time period subsequent to 1971 is of significance to your case. In 1975, there were 17 companies producing Askarel (PCB-containing) capacitors at 19 plants in the United States, and there were 13 companies producing Askarel transformers at 18 plants in the United States. Versar Inc., under EPA contract, performed a survey of the production and PCB-handling processes of all of these plants during 1974-1976 as a portion of a major survey and analysis of regulatory alternatives and environmental risks associated with PCBs. I was the Project Manager for the entire program. We contacted 10 of the largest capacitor companies, obtained detailed data on six plants and visited four. In my opinion, all of these plants purchased all of their PCBs from Monsanto; specifically, the PCB mixtures were brought in by tank car, large quantities were used, and we found no indication that imported PCBs were ever used at any of the plants. f We contacted all 13 of the transformer plants and visited two. Askarel (PCBs plus trichlorobenzene) was brought in via tank car for all but the smallest operations, who used 55gallon drums to transport the Askarel. We found no indication that imported PCBs were used at any plant. The above is contained in Sections 3.1 and 3.2 of NTIS PB252-012, a copy of which (in Versar final report format) I am enclosing. The capacitor plants are listed on page 69, and the transformer plants are on page 89. I think it likely that some of the companies listed in your letter did not manufacture PCB-containing equipment in 1975, specifically Ohio Brass, Packard, RTE, and Bear State, and possibly others not listed in my report. Of course, many of these companies have changed hands, and I do not have a definite time period covered by your case. In 1978, RTE reported to EPA that they had never used PCBs in their manufacturing plant. Purchases from ITE may have been switchgear (not specifically capacitors or transformers) which may or may not have contained PCBs. Ralph A. Bradley February 24, 1993 Page 2 I ATTORNEY WORK PRODUCT iI Our research turned up one other U.S. company which produced PGBs for sale, Geneva Industries (Houston, Texas, I believe). Geneva sold about one million pounds of PCBs during 1972- 1974, but our information indicates that this was for heat transfer systems' and not electrical applications. | We also can approach the data on PCB imports with respect to applications. During 1976 and 1977, we looked at the impacts of a ban on PCB imports, and the report from that work, EPA 560/6-77-007, contains data relevant to your question. The cover jpage of that report and Table 2.1-1 are enclosed herein. The data on Table 2.1-1 cover all PCB imports 1rom 1972 through 1976. I believe that, prior to 1972, Monsanto was the only sourcej utilized by domestic PCB users, whether for electrical equipment, heat transfer systems, hydraulic systems, or "open" applications such as paint and carbonless copy paper. Monsanto announced limitations on sales for all but electrical systems in 1971, and these took effect in 1972, prompting users other than transformer and capacitor manufacturers to stop using PCBs or use imports. Japan had banned PCB usage around 1971, and excess Japanese F[CBs were imported into the United States for use in heat transfer systems in 1972, and only in that year, according to our best information. Of the other imports listed in Table 2.1-1, I believe that none were used in the manufacture of capacitors and transformers by the companies listed in your letter. All imports to Pittsburgh were to Joy Manufacturing Company to be used in mining machines. The decachlorobiphenyl imported into Chicago was used in investment casting, and I believe that the rest of the PCB imports were used in heat transfer systems. As an aside, Therminol (from Canada, May 14, 1975) is a Monsanto trademark. Subsequent to 1976, the PCB Ban Regulation prevented fuijther importation, and Monsanto stopped production about 1977. Probably the only stockpiled PCBs still around at that time were in transformer repair/service shops (from Monsanto) and service shops for the Joy mining machines. If there are any questions regarding this letter or the enclosures, please call. I believe that further searching of our files could shed light on which companies on your list used PCBs, although some of the information is under CBI. There also were ASTM standards, NFPA codes, etc. which specified properties met only by Monsanto products. Let me know if you wish information on these. Sincerely, RLD:jw Enclosures Robert L. Durfee t President j GEOMET Technologies, Inc. ii i TO: FROM: RE: DATE: MEMORANDUM Jane Saginaw via Telecopy)" Paul M e r r e l j Nevada Power Company v. Monsanto Company et al.: February 24, 1993 Enclosed please find a draft brief which John Field has prepared regarding the Westinghouse documentI descI ribing their plans to destroy documents that could create toxic tort liability. I have not had an opportunity to reaci it yet. I noticed from the materials you sent that there were two I Idocuments at issue that your judge said showed an intent to defraud opposing litigants. Would it be possible to get a copy of the second document as well? Also, I noted that there were testimonies by several Westinghouse people on the privilege claim, including the signatories to the Westinghouse document. Would it be possible to obtain those as wel 1? PEM:dd 1 i