Document km6xO4eE8bmnoBgnBeXRo3OLq

Telephone: (702) 385^202 I BRADLEY & MERRELL j c/o Jones, Jones, Close & Brown , 300 South Fourth Street, Seventh Floor | Las Vegas, Nevada 89101-6026 Fax: (702) 385-1655 August 2, 1993 , Dr. Richard Peterson Toxicology Consultants 5202 Denton Place Madison, Wisconsin 53711 i1 ifi ! j i i Re: Nevada Power Company v. Monsanto Company, et al. USDC, District of Nevada Case C-S-89-555-LDG (LRL) Dear Dick: 1 Under cover of this letter, I am sending you a revised copy of your Retainer Agreement for the above-capticined case. This revised Agreement is in accord with the letter I sent you dated July 27, 1993. 1 Please read this Agreement, and if it: is acceptable, sign it and return it to me as soon as possible. ii , On a related note, I expect to 'be telling you the following information when you call either today or tomorrow, but I need to put it in writing to you at the same time. Late on Friday, July 30, 1993, the defendants and Nevada Power executed a stipulated extension o f .time for disclosure of experts and for expert depositions. Under the stipulation, Nevada Power does not need to disclose its experts and their anticipated testimony until August 20, 1993 (this was originally to take place on July 30, 1993). The defendants will not beginj depositions of Nevada Power experts until August 27, 1993 (you will recall that originally they were scheduled to begin July 30*, 1993 and run through August 20th) and they will continue until October 1, 1993. Therefore, there is a great deal more time for you to prepare. I Dr. Richard Peterson August 2, 1993 Page 2 If you would let me know which dates you are unavailable between now and October 1, 1993, I would appreciate it. Sincerely,j BRADLEY & MER&ELL/ enclosure rjs :bins cc: Richard L. Hinckley, Esq. TNB John H. Kim, Esq. Michael T. Gallagher, Esq. ROBERTA J. STRAUB I Dr. Richard Peterson August 2, 1993 Page 3 NEVADA POWER COMPANY V. MONSANTO , ET AL. CONSULTING AGREEMENT This agreement is by and between Nevada Power Company ("Nevada Power") and Toxicology Consultants, Inc., by Dr. Richard Peterson. It concerns the matter of Nevada Power Company v. Monsanto Company, et al. . USDC, District of Nevada, Case CV-S-89!-555-LDG-LRL. Toxicology Consultants, Inc. employs Dr. Richard Peterson, and Nevada Power desires to retain the services of Dr. Peterson as an expert in (i) the hazards of PCBs, dioxins, and dibenzofurans; (ii) the state of scientific and regulatory knowledge about PCBs, dioxins and dibenzofurans in comparison with trie defendants1 state of knowledge at relevant times; and (iii) t warnings provided by the defendants to Nevada Power Company. Therefore, it is agreed to by the parties that: 1. Consulting Services Toxicology Consultants agrees to provide ^consulting and other services regarding the science of|toxicology, and to provide all services which are incidental to and in conjunction with this field. 2. Independent Status Nothing in this Agreement shall be considered to create the relationship of employer and employee between Nevada Power and Toxicology Consultants. Toxicology |Consultants at all times shall be deemed an independent contractor. 3. Fee Schedule Nevada Power agrees to pay Toxico ogy Consultants in accordance with the following fee schedul e: a. All non-deposition or non-trial time spent in preparation for this litigation $180.00 per hour This includes research, review ana analysis of relevant material regarding |scieritific matter, personal or telephonic conferences arid consultation and/or preparation of reports. Dr. Richard Peterson August 2, 1993 Page 4 Deposition testimony $360.00 per hour This rate is considered Portal to Portal, that is, it includes time spent upon leaving home to prepare and travel to deposition, time |spent: in deposition as well as time spent post-deposition in meeting with attorneys or preparing -for forthcoming or continuing deposition testimony. IThis includes time spent working on thisj litigation while returning home. Trial testimony $360.00 per hour This rate is considered Portal [to Portal, that is, it includes time spent upon leaving ome to prepare and travel to trial, time spentj in trial as well as time spent post-trial in meeting witih attorneys or preparing for forthcoming or continuing trial testimony. This also includes time spent returning home. d. Travel expenses incurred T o Ib e billed separately or arranged by Nevada Power J This covers expenses generated in travelling to or from sites for meetings, conferences, depositions, hearings or trial. All air travel will be regular coach class unless no other accommodations are available. e. Office expenses To be b i l l e d separately to Nevada Power J I] The above fee schedule shall not be changed or amended without the agreement in writing of both parties. | 4. If in any one month Toxicology Consultants expects to charge Nevada Power $5,000 or more, it must[ submit an itemized estimate of the charges in writing for prior approval. 5. Toxicology Consultants will send a monthly billing Dr. Richard Peterson August 2, 1993 Page 5 statement reflecting all services, fees and expenses. 6. Due to the size and nature of this litigation, if for any reason Toxicology Consultants, Inc. is not abie to]continue as a consultant on this case, it must give Nevada Power Company at least thirty (30) days notice, The notice shall be in writing and sent via certified mail to: Paul E. Merrell, Esq. 300 S. Fourth St., 7th Floor 700 Bank of America Plaza Las Vegas, Nevada 89101-6026 7. It is understood that Toxicology Consultants, Inc. will undertake efforts on behalf of Nevada Power only as requested. 8. This agreement constitutes the entire agreement between the parties relating to the subject matter hereof. Any amendment or modification must be in writing and signed (by both parties. 9. This agreement is hereby signed an executed by: Nevada Power Company by and through its attorneys, Bradley & Merrell By: __________________________ ;________________________ Paul Merrell, Esq. Date: Toxicology Consultants, Inc. By: __________________________ Richard Peterson, Ph.D. j :\nev\ijs\xprt\pctenon.108 Date: