Document mmpeBovoKgNweXgjLJym5knOQ

SUPERIOR COURT"."OP..THE..ST FOR THE COUNTY OF LOS ANGELES TRANSWESTERN PIPELINE COMPANY, PLAINTIFF, VS. MONSANTO COMPANY AND DOES 1 THROUGH 200, INCLUSIVE, DEFENDANTS ) ) CASE NO. ) BC 026 959 ) ) ) EXHIBITS TO THE DEPOSITION OF: THOMAS M. BISTLINE THURSDAY, SEPTEMBER 26, 1991 9:10 A.M. OUR FILE NO. 13728DF REPORTED BY DIANE KENDY C.S.R. NO. 4851 DAVID FELDMAN & ASSOCIATES/USA/LTD. 400 South Beverly Drive, Suite 306 Beverly Hills, CA 90212 213-556-0232 COMPUTERIZED COURT REPORTING WORLDWIDE WATER PCB-SD0000002788 Richard B. Kendall . 1 James D. Layden s SHEARMAN & STERLING 725 South Figueroa Street Twenty-First Floor 3 Los Angeles, California 90017 Telephone: (213) 239-0300 4 Attorneys for Plaintiff 5 TRANSWESTERN PIPELINE COMPANY 6 Osftjs)...... DIANE Date: ------ Witness: _ Ptf(s) EXHIBIT for I.D. 851 7 SUPERIOR COURT OF THE STATE OF CALIFORNIA & FOR THE COUNTY OF LOS ANGELES 9 10 TRANSWESTERN PIPELINE 11 COMPANY, 12 Plaintiff, 13 vs. 14 MONSANTO COMPANY and 15 DOES 1 through 200 inclusive. 16 Defendants. 17 CASE NO. BC 026959 AMENDED NOTICE OF DEPOSITION AND PRODUCTION OF DOCUMENTS 18 19 TO DEFENDANT MONSANTO COMPANY AND ITS COUNSEL OF RECORD: 20 PLEASE TAKE NOTICE that, pursuant to California Code of 21 Civil Procedure Section 2025, PLAINTIFF TRANSWESTERN PIPELINE 22 COMPANY will take the deposition upon oral examination of 23 DEFENDANT MONSANTO COMPANY by its custodian of the documents and 24 records listed on Schedule "A" annexed hereto. The deposition 25 shall take place on September 26, 1991 at 9:00 a.m. before a 26 certified shorthand reporter and notary public at the offices of ' 27 Shearman & Sterling, 725 South Figueroa Street, 21st Floor, Los 28 Angeles, California 90017, or at such other place or places as the Shearman & Sterling WATER PCB-SD0000002789 parties may agree. The deposition shall continue from day to day 1 S until completed, or on such other dates and at such other times to 3 which the parties may agree. 4 NOTICE IS FURTHER GIVEN that, pursuant to California Code 5 of Civil Procedure Sections 2025(d)(4) and 2025(h), the deponent 6 is required to produce for inspection and copying at the 7 deposition the documents described in Schedule "A" hereto. 8* 9 DATED: September 13, 1991 10 11 SHEARMAN & STERLING Richard B. Kendall James D. Layden 12 13 ____________ James D. Layden 14 Attorneys for Plaintiff 15 TRANSWESTERN PIPELINE COMPANY 16 17 18 19 20 21 22 23 24 25 26 27 2 28 Shearman Sc Sterling WATER PCB-SD0000002790 SCHEDULE "A" 1 2 I. DEFINITIONS AND INSTRUCTIONS 3 1. "Document" is used in the broadest possible 4 sense and refers without limitation to any written, typed, or 5 other graphic material, of any kind or nature, and any other 6 tangible thing by or on which information or data is stored 7 or can be obtained, translated (if necessary) by Monsanto 8* through detection devices into reasonably usable form, 9 including without limitation, any writing, drawing, film, 10 graph, chart, photograph, phono-record, mechanical, or 11 electrical sound recording or transcript thereof; any 12 retrievable data, whether in computer storage, carded, 13 punched, taped, or coded form or stored electro-statically, 14 electro-magnetically, or otherwise; and any other data 15 compilation from which information can be obtained. 16 Without limiting the generality of the foregoing, 17 "document" specifically includes all contracts, agreements, 18 invoices, bills of sale, promotional materials, 19 advertisements, forms, correspondence, letters, telegrams, 20 telephone messages, notices, notes, memoranda, reports, 21 studies, analyses, working papers, statistical statements, 22 financial statements, financial analyses, opinions, 23 forecasts, budgets, projections, audits, press releases, 24 brochures, pamphlets, circulars, minutes of meetings, notes 25 and summaries of investigations, statements, worksheets, 26 summaries, books, journals, ledgers, audits, maps, diagrams, 27 drafts, newspapers, appointment books, desk calendars, 28 /// Shearman & Sterling 3 \-3 WATER PCB-SD0000002791 . 1 diaries, inter and intra office memos and communications, 2 faxes, and telexes. 3 Such terms shall also include all contemporaneously 4 or subsequently created non-identical duplicates or copies 5 and all drafts, preliminary versions or revisions of ! 6 documents, whether or not completed, by whatever means made. 7 As used in this Notice, "document" also includes every 8* "document" that is no longer identical by virtue of any ' 9 notation or modification of any kind. 10 2. Whenever appropriate, the singular form of a 11 word shall be interpreted in plural, or vice versa; verb 12 tenses shall be interpreted to include past, present, and 13 future tenses; the terms "and" as well as "or" shall be 14 construed either disjunctively or conjunctively, as necessary ' 15 to bring within the scope of the requests in this Notice any 16 documents that might otherwise be construed to be outside 17 their scope; and words imparting the masculine include the ' 18 feminine and vice versa. 19 3. Any reference to a person, corporation, 20 association, partnership, company, or joint venture shall ! 21 mean that person or entity, any parents, affiliates, 22 divisions, controlled companies, subsidiaries, or otherwise 23 related entities, and all of his, her, or its current or former agents, representatives, employees, attorneys, 25 accountants, officers, directors, auditors, and consultants, 26 or other persons or entities acting, or purporting to act, on 1 27 its behalf. _ 28 /// 02 Shearman & Sterling 4 1-4 WATER PCB-SD0000002792 1 4 . The documents requested herein specifically 2 include all documents in the possession, custody, or control 3 of Monsanto Company ("Monsanto") including parents, 4 affiliates, divisions, controlled companies, subsidiaries, or 5 otherwise related entities, or any of Monsanto's current or 6 former agents, representatives, employees, attorneys, 7 accountants, auditors, directors, officers, consultants, or 8 other persons or entities acting, or purporting to act, on 9 Monsanto's behalf. 10 5. "Monsanto" or "Monsanto Company" means Monsanto 11 Company and its parents, affiliates, divisions, controlled IS companies, subsidiaries, or otherwise related entities, or 13 any of Monsanto's current or former agents, representatives, 14 employees, attorneys, accountants, auditors, directors, 15 officers, consultants, or other persons or entities acting, 16 or purporting to act, on Monsanto's behalf. 17 6. "Transwestern" means Transwestern Pipeline 18 Company, the plaintiff in this action. 19 7. "Texas Eastern" means Texas Eastern 20 Transmission Corp., which was Transwestern's corporate parent 21 until 1984, and which was succeeded in 1979 by Texas Eastern 22 corp. , which is now known as Panhandle Eastern Pipeline 23 Company. 24 8. "Turbinol" means the PCB-containing gas 25 compressor lubricant sold by Monsanto under the name Monsanto 26 MCS-153 -- Turbinol 153. 27 9. "PCBs" means the chemical compound 28 polychlorinated biphenyls. Shearman & Sterling 5 1-6 WATER PCB-SD0000002793 10. "Relevant period" means the period of time 1 s during any part of which Monsanto developed, designed, 3 tested, manufactured, promoted, advertised, distributed, or 4 sold Turbinol or any other PCB-containing gas compressor 5 lubricant. :6 11. "Communication" is used in the broadest 7 possible sense and refers to any meeting, discussion-, .8* presentation, contact, proposal, memoranda, letter, telegram, i 9 telex, cable, telecopy, fax, telephone call, or any other 10 communication, or notes thereof, or document relating 11 thereto, whether formal or informal, and includes the 12 transmittal, in any manner or medium, of information, facts, 13 or ideas. 14 12. "Relating to" means constituting, concerning, ' 15 containing, evidencing, showing, or referring in any way, 16 directly or indirectly, to the subject matter of the 17 particular request in this Notice. ' 18 13. The use of the word "including" shall be 19 construed to mean "including without limitation." 20 14. All documents produced are to be produced in ' 21 their entirety, without redaction, and including all 22 attachments and enclosures. If, for any reason, a document 23 cannot be produced in full, please state with particularity 24 the reason or reasons it is not produced in full, and 25 describe, to the best of Monsanto's knowledge, information, 26 and belief and with as much particularity as possible, those 1 27 portions of the document that are not produced. When a . 28 document is only in part responsive to any request in this Shearman & Sterling 6 \-(o WATER PCB-SD0000002794  1 Notice, it shall nevertheless be produced in its entirety. 2 If documents that are produced are normally kept in a file or 3 other folder, then that file or folder must also be produced. 4 15. That more than one request in this Notice may 5 ask for the same document is not be interpreted to narrow or 6 to limit the normal interpretation placed upon each 7 individual request. -8 ^ i 16. Unless otherwise indicated, the documents to be 9 produced are those created, or believed to have been created, 10 at any time from the first day of the relevant period, as 11 previously defined herein, up to and including the date of 12 this Notice. 13 17. If any document requested to be produced herein 14 was in Monsanto's possession, custody, or control, but has 15 since been disposed of, lost, discarded, destroyed, or 16 partially destroyed or is otherwise unavailable, please 17 provide the following: ! 18 (a) The nature or type of the document, 19 including any title or identifying number thereon (e.g., 20 letter, report, memoranda); i 21 (b) Its date of origin or preparation; 22 (c) The name of its author or originator; 23 (d) The name of its addressee, if any; 24 (e) The name of all recipients of any copy of 25 such document; 26 (f) A summary of its substance; 27 (g) The time period during which the document . 28 was in Monsanto's possession, custody, or control; Shearman & Sterling \-n WATER PCB-SD0000002795 1 (h) The name and address of any person or 2 entity who to the best of Monsanto's knowledge has a copy of 3 the document; 4 (i) The date or approximate time of the 5 disposition, loss, destruction, discarding, or when the 6 document became unavailable; and 7 (j) The reason for disposition, loss, 8* destruction, discarding, or unavailability of the document, and the person, if any, responsible therefor. 9 10 18. File folders with tabs or labels identifying 11 documents responsive to the requests in this Notice should be 12 produced intact with such documents. 13 19. 14 separated. Documents attached to each other shall not be 15 20. If responsive documents are kept together in 16 the usual course of business, they should be so produced, in 17 order fairly to reveal and not to distort the order of 18 Monsanto's filing and record-keeping system. 19 21. Electronic records and computerized information 20 should be produced: (a) in an intelligible format; or 21 (b) together with a description of the system from which they 22 were obtained sufficient to render the records and 23 information intelligible. 24 22. Each document produced should be produced in a 25 manner that makes clear the precise request or requests in 26 this Notice (i.e., the paragraph number of the request) to 27 which the document relates. 28 /// Shearman & Sterling 8 WATER PCB-SD0000002796 .1 23. If any of the documents requested below are 2 claimed by Monsanto to be privileged or otherwise withheld, 3 Monsanto is requested to provide for each such document, with 4 sufficient specificity to identify that document for purposes 5 of a motion to compel further discovery: 6 (a) a specific statement of the ground and 7 authority upon which Monsanto is relying in withholding . 8 production; and ) 9 (b) a statement which sets forth; 10 (i) the identity of the document's 11 author(s) and every person who is known by Monsanto to have 12 either helped in its preparation or received a copy of the 13 document; 14 (ii) the title or other identifying data; ' 15 (iii) the date of the document, or, if no 16 date appears thereon, the approximate date; 17 (iv) in summary, the nature and subject ' 18 matter thereof; 19 (v) the identity and location of each 20 person having or last having had possession, care, custody, ' 21 or control of the original and each and any copies thereof; 22 and 23 (vi) if the document was, but is no longer 24 in Monsanto's possession or control, state what disposition 25 was made of it, including, but not limited to, specification 26 of the name and address of the person(s) who disposed of the 1 27 document and the date, time, place, mode, or method of the , 28 disposal. Shearman- & Sterling 9 WATER PCB-SD0000002797 \ .1 24. When this Notice does not specifically request 2 a particular document, but the document would help to make 3 the production complete., comprehensible, or not misleading, 4 please produce the document. Only non-identical copies of a 5 document are to be considered separate documents. 6 25. Where there are no documents in Monsanto's 7 custody, control, or possession that are responsive to a 8 particular item, please so state. '9 26. This Notice shall be deemed continuing so as to 10 require further and supplemental production if Monsanto 11 obtains additional documents between the time of initial 12 production and the time of trial. 13 DOCUMENT REOUESTS 14 1. All documents relating to any communications ' 15 between Monsanto and Transwestern relating to or involving 16 PCBs in any way, directly or indirectly. 17 2. All documents relating to any communications ' 18 between Monsanto and Texas Eastern relating to or involving 19 PCBs in any way, directly or indirectly. 20 3. All documents relating to any communications ' 21 between Monsanto and the Southern California Gas Company 22 relating to or involving PCBs in any way, directly or 23 indirectly. ' 24 4. All documents relating to any communications 25 between Monsanto and the Pacific Lighting Gas Supply Company 26 relating to or involving PCBs in any way, directly or ' 27 indirectly. . 28 /// Shearman & Sterling 10 V-io WATER PCB-SD0000002798 .1 5. All documents relating to any communications 2 between Monsanto and the Pacific Lighting Service Company 3 relating to or involving PCBs in any way, directly or 4 indirectly. 5 6. All documents relating to any communications 6 between Monsanto and any governmental entity relating to PCBs 7 or any PCB-containing product during the relevant period. 8 7. All documents relating to the sale of Turbinol i 9 or other PCB-containing gas compressor lubricants to 10 Transwestern or Texas Eastern at any time during the relevant 11 period, including without limitation all contracts, invoices, 12 and bills of sale associated therewith. 13 8. All documents relating to the sale of Turbinol 14 or other PCB-containing gas compressor lubricants to persons ! 15 or entities other than Transwestern or Texas Eastern at any 16 time during the relevant period. 17 9. All documents relating to the cessation of the 18 sale of Turbinol or other PCB-containing gas compressor 19 lubricants by Monsanto. 20 10. All documents relating to the design, testing, ' 21 and manufacture of Turbinol or other PCB-containing gas 22 compressor lubricants. 23 11. All documents relating to the promotion, ' 24 advertising, marketing, distribution, and sale of Turbinol or 25 other PCB-containing gas compressor lubricants, including 26 without limitation any warnings, instructions for use, ' 27 warranties, disclaimers, and labels or other packaging 28 associated therewith. Shearman & Sterling 11 WATER PCB-SD0000002799 \ 1 12. All documents relating to the use(s) of 2 Turbinol or other PCB-containing gas compressor lubricants. 3 13. All documents relating to Monsanto's decision 4 to notify its customers in or about 1971 and 1972 of certain 5 hazards associated with Turbinol and PCBs. 6 14. All documents relating to the hazards to human, 7 animal, and/or aquatic health associated with PCBs or any 8 PCB-containing product. 9 15. All documents relating to scientific and 10 medical studies conducted by MONSANTO or others with respect 11 to the hazards associated with PCBs to human, animal, and/or 12 aquatic health. 13 16. All documents relating to the operation of 14 natural gas pipelines and gas compressors. 15 17. All documents relating to the development, 16 design, testing, manufacture, marketing, advertising, 17 distribution, and sale during the relevant period of any gas 18 compressor lubricant not containing PCBs. 19 20 21 22 23 24 25 26 ! 27 28 12 Shearman & Sterling HP WATER PCB-SD0000002800 PROOF OF SERVICE (Personal Service) STATE OF CALIFORNIA, COUNTY OF LOS ANGELES I, the undersigned, certify and declare that I am over the age of 18 years, employed in the County of Los Angeles, California, and am not a party to the within action; my business address is 725 South Figueroa Street, 21st Floor, Los Angeles, California 90017. On September 13, 1991, I served the foregoing document described as AMENDED NOTICE OF DEPOSITION AND PRODUCTION OF DOCUMENTS, on the interested parties in this action by placing a true copy thereof enclosed in a sealed envelope and addressed as follows: Donald F. Zimmer, Jr. Bronson, Bronson & McKinnon 505 Montgomery Street San Francisco, California 94111-2514 BY PERSONAL SERVICE I personally delivered such envelope by hand to Mr. Zimmer at the offices of Shearman & Sterling. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed at Los Angeles, California, this 13th day of September, 1991. WATER PCB-SD0000002801 WATER PCB-SD0000002802 lEHLUEH UgJ^TIONJ^ ormnnur DIANE Date: ------ %IUE N'-C'LRl ffI 44 8 8 5 l*c: _ fitness: Witness: (ou^rMtAt DID WESTINGHOUSE KEEP MUM ON PCBs? A new lawsuit charges that it knew of health risks it didn't disclose hen the Environmental Pro directly about the risks of PCBs, but he Wtection Agency banned poly adds that they were free to raise health chlorinated biphenyls (PCBs) in concerns during monthly safety meet 1979, it probably came too late foinr gRsi.chW estinghouse and Monsanto say ard K. Sluder of Bloomington, Ind. The studies have never conclusively linked former Westinghouse Electric Corp. PCBs to health problems other than skin worker blames his debilitating arthritis rashes. Thomas M. Bistline, Monsanto's and memory loss on PCBs, which he says assistant general counsel, labels the drenched him daily on the job for years. Sluder suit "a scurrilous fabrication." Sluder, 39, is a likely candidate to suffer Unlike other suits, Sluder's case relies some ill effects: At one point, his blood on new medical tests and internal Wes had the highest PCB concentration ever tinghouse memoranda addressing corpo recorded in a human--3,450 parts per rate concern over the safety of PCBs. If billion. Sluder can prove that the company be In a suit filed last March, Sluder and lieved PCBs were potentially harmful yet eight other Bloomington workers charge failed to take adequate safety precau Monsanto Chemical Co., the sole U. S. tions for its workers, he could establish producer of PCBs, and Westinghouse a legal precedent for pending litigation with fraud and batter}'. Sluder is one of against Westinghouse and other compa roughly 1,000 claimants to file PCB-relat nies that used PCBs. ed personal-injury suits pending against From the 1930s to 1979, Westinghouse Westinghouse. In many and General Electric of those cases, Westing Co. were the biggest house has had the up purchasers of PCBs as per hand, since the sci fire retardants and cool entific link between ants in capacitors and PCBs and human illness transformers. Other big is unproven. But Slu users have included der's suit comes at a electrical-equipment time of mounting scien companies such as tific evidence linking McGraw Edison, ITE Im PCBs to cancer and oth perial, and Sprague er ailments. And the Electric. NCR used PCBs case is the first to to make carbonless charge that Westing copy paper. Though no house exposed its work firm number is avail ers to chemicals it knew able, plaintiffs' attor were unsafe. "We have neys estimate that tens documented evidence of of thousands of work exposure levels, which ers have handled PCBs. is unprecedented," says The health studies Sluder's lawyer, David S. McCrae. "Westing house knew these chem Sluder: At one point, his blood had the are anything but con clusive. In 1977 and 1985, the National Insti icals would poison the workers and cause death. But Westing most PCBs ever recorded in a human tute for Occupational Safety & Health con ducted two Blooming house said nothing." ton worker studies that Westinghouse spokesperson Christo found no direct link between PCBs and pher C. Newton says the company gave current medical ailments--a finding that workers protective clothing and took NIOSH admits may be flawed. And a 1988 other safety steps. Newton won't say review of scientific literature by Renate whether Westinghouse told the workers D. Kimbrough, then director of health WESTINGHOUSE CLEANS UP NEAR BLOOMINGTON! and risk capabilities at the EPA, conclud ed that "exposure to PCBs has led to no convincing, clinically demonstrable, chronic health effects in humans." But a NIOSH mortality study published in April that reviewed Bloomington workers' causes of death from 1957 to 1977 concluded that plant workers "were at excess risk" of dying from skin can cer. It also found that an unusually high number of deaths from brain cancer merits further research. dilemma. While the full extent of human health dangers are still being debated, more and more animal studies link PCBs to numerous illnesses, including cancer, liver damage, and birth defects. "The index of suspicion [of health problems in humans] is so high, no one would seri ously propose that we not worry about PCBs," says Walter J. Rogan, medical officer at the National Institute of Envi ronmental Health Sciences, a research unit of the National Institutes of Health. And animal studies may now carry more legal weight: In September, 1990, a fed eral appeals court in Philadelphia ruled that animal studies are admissable as causation evidence in PCB-liability cases. Beyond the legal issues, the Westing house case cuts to the heart of an ethical 68 BUSINESS WEEK/AUGUST 12,1991 LEGAL AFFAIRS (I TOR>PHOTOGRAPHSBYPATIRCKPHSfT .R tTRIHI fN/ lROOIMNGTON fHRlAOTIRRUfN WATER PCB-SD0000002803 THE TAB COULD BE MORE THAN $1 BILLION dilemma that corporate decision-makers often face: Do they openly discuss the potential health hazards of chemicals or technologies and risk exposing their companies to financially crippling liabil ity suits? Or do they keep mum until all the evidence is in? Westinghouse's New ton replies: "In our view, corporations should provide employees information concerning the safe use of all industrial materials and chemicals. PCBs are and were no exception." Says Monsanto at torney Bistline: "We have disclosed what we knew when we knew it." Concern about workers' health after exposure to PCBs and other chemicals led to the 1985 Occupational Safety & Health Administration right-to-know rule, which requires employers to tell workers in advance of potential health risks of industrial chemicals. But even when companies comply, OSHA admits that workers have trouble understand ing the complex scientific disclosures. Westinghouse has been grappling with uncertainty over PCBs for two de cades in Bloomington, a bucolic college town 50 miles south of Indianapolis and the home of Westinghouse's capacitor plant since 1957. PCBs had been widely used in industry since the 1930s as insu THE LONG PCB TRAIL AT WESTINGHOUSE Westinghouse memo mmmmmi describes severe health hazards of prolonged exposure to polychlorinated biphenyls. Monsanto is the sole producer of PCBs, widely used in industry as insulators, coolants, and lubricants Westinghouse opens new plant near Bloomington, Ind., to make PCB-containing capacitors PCBs are investigat ed worldwide as a likely health hazard and highly toxic pollutant when 1,300 res idents of Kyushu, Japan, be come ill after eating rice oil with high levels of the chemical A Westinghouse mUmsm study finds PCB con tamination near its Blooming ton plant, but city officials do not learn of the results. Mon santo requires PCB customers such as Westinghouse to sign a waiver relieving it from legal li ability for improper uses of the chemical PPjFRI Bloomington officials Wmmkmk learn of PCB dangers at an EPA conference in Chica go, and a city chemist requests a government survey. Testing reveals PCBs in city sewer sys tem. Environmental Protection Agency identifies Westing house as one of 37 major sources of PCBs in the U.S. Bloomington finds PCBs in new landfills. Local salvager becomes one of the first of some 1,000 claim ants to sue Westinghouse over health problems from PCBs. Monsanto also gets sued A draft federal study shows that Westing house workers exposed to PCBs are at higher risk of dy ing from skin cancer and notes unusually high number of deaths from brain cancer In a suit, nine workMM ers allege that Wes tinghouse and Monsanto ex posed them to PCBs but didn't disclose the health risks. The companies dispute the charges. The federal study is published. Westinghouse and city still fighting over cleanup DATA,BW lators, coolants, and lubricants. But it wasn't until 1966 that Swedish scientists identified PCBs as likely toxic pollutants because they degrade slowly and build up in animal tissue and blood. Sentiment dramatically turned against the chemical in 1968, when 1,300 residents of Kyushu, Japan, became ill after eating PCB-con taminated rice oil. The Japanese suf fered skin lesions, eye ailments, nausea, and joint problems. Later, many of the victims' offspring had birth defects. clean hands? In their suit, the workers charge that Westinghouse never told them of potential PCB health hazards. In fact, workers say that when the plant's union local asked the company to discuss PCBs soon after the rice-oil incident, em ployees were assured that there was no danger. Jason Morrow, a former union local president at the plant, recalls em ployee meetings in which then-plantmanager Donald M. Sauter "washed his hands and face in what he told workers was liquid PCBs to convince them not to worry." Westinghouse spokesperson Newton confirms that Sauter "dipped his hands" in PCBs at a meeting. That display of confidence conflicts with several internal Westinghouse memos dating back to 1938 that the workers rely on in their suit. In a letter dated Sept. 15, 1947, E. C. Barnes of Westinghouse's medical department writes that long-term exposure to PCB fumes "may produce internal bodily inju ry which may be disabling or could be fatal." Westinghouse will only say that the same description applies to several chemicals used in the plant and that safeguards were adequate. Nevertheless, after the rice-oil inci dent, some Westinghouse officials, fear ing regulatory sanctions and liability suits, ordered an internal study, accord ing to Thomas 0. Munson, a former Westinghouse biochemist. Sluder's law suit will rely on its findings, in part, to prove concealment. Munson says he per formed the confidential study of PCB contamination in 1971-72 near four Wes tinghouse plants in Indiana, Pennsylva nia, and Virginia and then submitted the results to the company. Munson told BUSINESS WEEK he got the go-ahead for the study directly from then-CEO Donald C. Burnham. A Westinghouse spokes person says the company received only Munson's Bloomington study and that Burnham doesn't recall the conversation. Of the plants, says Munson, Bloo mington had the worst PCB contamina- LEGAL AFFAIRS BUSINESS WEEK/AUGUST 12, 1991 69 ............................................. WATER PCB-SD0000002804 tion, including high levels in surrounding areas. He says that in 1972, he urged the plant manager and his superiors to make the study public and take remedial ac tion. He says Westinghouse ignored his recommendations to remove PCBs from liquid waste and failed to tell city offi cials about the contamination. The Wesunghouse spokesman says the company didn't tell the city because "the findings were not considered disturbing." Four years later, Bloomington discov ered its PCB contamination: After attend ing an epa conference on the substance in Chicago, a worried city chemist re quested an agency survey. Indiana and federal studies since 1976 have shown .hat Bloomington has the nation's larg est volume of PCBs--650,000 cubic yards of landfill soil, says John N. Langley, the city's environmental coordinator. The discovery triggered a flurry' of liability suits. To settle city, state, and EPA actions, Westinghouse agreed in 1983 to pay for the cleanup--without ad mitting that it caused the contamination. Bloomington Mayor Tomilea Allison .-.ays Westinghouse's cleanup costs in the city could exceed $1 billion. Monsanto was worried about suits as far back as 1972. The company began requiring customers, including Westing house and ge, to sign agreements reliev ing it of legal liability in suits arising from improper use of PCBs--putting buyers on notice of possible dangers. In 1977, two years before the federal ban on PCBs went into effect, Monsanto stopped making the chemicals. Westing house also quit using PCBs, and in 1989, it sold its capacitor and transformer Experts say the legal system should be changed so that companies can reveal health risks without facing litigation plants to Swedish conglomerate Asea Brown Boveri. Whatever the outcome of the Sluder case, liability experts such as Peter H. Schuck, a Yale law school professor, say the furor over PCBs and other potentially hazardous materials underlines a weak ness in the legal system. Other experts argue that companies should be encour aged to reveal possible health risks with out facing litigation. That could be tough. "In any kind of reform," says Schuck, "companies are worried about new claims down the road." Medical monitoring of workers may be an apt remedy for instances where haz ards are less certain than those involv ing such materials as asbestos, say unions and plaintiffs' attorneys. They add that diagnosis and treatment could even trim company liability by cutting medical expenses. But Westinghouse says "there's nothing in the [Sluder] suit that would merit medical monitoring." Ultimately, Congress may be forced to step in. Unions such as the International Union of Electronic Electrical Salaried Machine & Furniture Workers may soon push for federal legislation mandating medical monitoring. While such pro grams could stem workers' anxieties about impending sickness or even death, companies say the programs will force them to pay twice--first for the monitor ing and then for the personal-injury damages that might accrue. Still, in the absence of any compromise between em ployees and companies, the tally of worker injuries and liability suits prom ises to grow. By Michael Schroeder in Bloomington Interest rates up? Interest rates down? ft Introducing Merrill Lynch Adjustable Rate Securities Fund. Interest rate changes may be guaranteed by the U.S. j" Call 1-800-637-7455, ext. 6891 ~j tough to predict. That's why this Fund seeks high current income, consistent with limit ing the degree of principal Government or its agencies and other investment grade adjustable rate securities, you also enjoy limited credit risk.* I Return to: Merrill Lvnch Response Cenler, i RO Box 30200, New Brunswick. Ni 0898&U200 1 | Please send me a free brochure and prospeclus on the i Merrill Lynch Adjustable Rate Secunties Fund, Inc. . I Name i | Address_ | risk due to changing rates. It Ask your Merrill Lynch I City____ _ ft. is designed to provide Financial Consultant for I StateZip_________ | | Home Phone 1_______ | monthly dividends, which more information. I Business Phone 1} I fluctuate with rates. For more complete information, including all I Merrill Lynch clients, please give the name and ' Since the Fund invests charges and expenses, request a prospectus. Please read it carefully before you invest or send I location of your Financial Consultant. I primarily in adjustable rate mortgage-backed securities money. *lndividual securities owned by the Fund, but not shares of the Fund, may be guaranteed by the U.S GmvrnnmU or its agencies. 6891 1 Merrill Lynch 1!)91 Merrill Lynch, Pierce, Fenner & Smith Inc. Member SIPC, A tradition of trust. BUSINESS WEEK/AUGUST 12, 1991 71 2-^7 WATER PCB-SD0000002805 WATER PCB-SD0000002806 ) Richard B. Kendall David R. Scheidemantle James D. Layden SHEARMAN & STERLING 725 South Figueroa Street Twenty-First Floor . Los AngelesCalifornia 90017 Telephone: (213) 239-0300 Attorneys for Plaintiff TRANSWESTERN PIPELINE COMPANY Osftjs) DIAN Date: Witness: P(s) EXHIBIT for 1.0. X 4851 SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES TRANSWESTERN PIPELINE COMPANY, Plaintiff, vs. MONSANTO COMPANY and DOES 1 through 200 inclusive, Defendants. ) CASE NO. BC 026959 ) ) NOTICE OF DEPOSITIONS AND ) PRODUCTION OF DOCUMENTS ) ) ) ) ) ) ) ) ) TO DEFENDANT MONSANTO COMPANY: PLEASE TAKE NOTICE that, pursuant to California Code of Civil Procedure Section 2025, PLAINTIFF TRANSWESTERN PIPELINE COMPANY will take the deposition upon oral examination of DEFENDANT MONSANTO COMPANY ("Monsanto") by the persons listed below beginning at 9:00 a.m. on the dates indicated below and continuing from day to day following such dates until completed, or on such other dates and at such other times to which the parties may agree. As used in this Notice, the terms appearing WATER PCB-SD0000002807 1 2 S 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 & Sterling below in block capital letters have the meanings set forth in Schedule "A" hereto. Person ' 1. Custodian of the documents and records listed on Schedule "A" hereto 2. The person or persons most qualified to testify on MONSANTO'S behalf as to the following matters: (a) the names, last known addresses, and former job titles and job responsibilities of MONSANTO'S employees during the RELEVANT PERIOD; (b> the corporate and organizational structure of MONSANTO during the RELEVANT PERIOD; (c) the design, testing, production, and manufacture of TURBINOL; <d) the promotion, advertising, and marketing of TURBINOL; (e) the use(s) of TURBINOL; (f) the sale of TURBINOL to TRANSWESTERN or TEXAS EASTERN at any time during the RELEVANT PERIOD; (g) the sale of TURBINOL to persons or entities other than TRANSWESTERN or TEXAS EASTERN at any time during the RELEVANT PERIOD; (h) MONSANTO'S development, design. testing, manufacture, marketing, advertising, distribution, and sale during the RELEVANT PERIOD of PCB-containing gas compressor lubricants other than TURBINOL; 0825 i ( i > MONSANTO'S development, design, testing, manufacture, marketing, advertising, distribution, and sale during the RELEVANT PERIOD of gas compressor lubricants not containing PCBs; - -2- Date May 31, 1991 June 17, 1991 June 19, 1991 June 21, 1991 June 25, 1991 June 27, 1991 July 1, 1991 July 3, 1991 July 9, 1991 July 11, 1991 WATER PCB-SD0000002808 I1 .) Person 1 Eat-e (j) MONSANTO'S decision to notify its July 15, 1991 2 customers in or about 1971 and 1972 of certain hazards associated with 3 TURBINOL and PCBs; 4 (k) the cessation of the sale of July 17, 1991 TURBINOL by MONSANTO in or about 5 1971 and 1972; 6 7 ,8 (l) the state of MONSANTO'S knowledge from 1967 through 1972, inclusive, concerning the operation of natural gas pipelines and pipeline compressors; July 19, 1991 9 10 ; 11 (m) the state of MONSANTO'S knowledge from 1967 through 1972, inclusive, concerning the health effects of exposure to PCBs and/or PCBcontaining products; July 23, 1991 IS (n) the hazards to human, animal, and/or July 25, 1991 13 aquatic health associated with PCBs or PCB-containing products; 14 (o) scientific and/or medical studies July 30, 1991 15 conducted by MONSANTO or others with respect to the hazards associated 16 with PCBs or PCB-containing products to human, animal, and/or aquatic 17 health; and 18 (p) litigation involving PCBs in which MONSANTO has been a defendant. August 1, 1991 19 50 NOTICE IS FURTHER GIVEN that, pursuant to California 51 Code of Civil Procedure Sections 2025(d)(4) and 2025(h), the ss deponent is required to produce for inspection and copying at , S3 the deposition scheduled above to begin on May 31, 1991, the 54 documents described in Schedule ''A" hereto. The depositions 55 shall take place before a certified shorthand reporter and , S6 notary public at the offices of Shearman & Sterling, 725 27 South Figueroa Street, 21st Floor, Los Angeles, California S8 twARMAN & STERUNG 0825i -3- WATER PCB-SD0000002809 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ARMA.V & Sterling 90017, or at such other place or places as the parties may agree. DATED: May 21, 1991 SHEARMAN & STERLING Richard B. Kendall David R. Scheidemantle Attorneys for Plaintiff TRANSWESTERN PIPELINE COMPANY 0825 i -4- zy~ m WATER PCB-SD0000002810 ) 1 SCHEDULE "A" 2 I. DEFINITIONS AND INSTRUCTIONS 3 1. "Document" is used in the broadest possible 4 sense and refers without limitation to any written, typed, or 5 other graphic material, of any kind or nature, and any other 6 tangible thing by or on which information or data is stored 7 or can be obtained, translated (if necessary) by Monsanto 8 through detection devices into reasonably usable form, 9 including without limitation, any writing, drawing, film, 10 graph, chart, photograph, phono-record, mechanical, or 11 electrical sound recording or transcript thereof; any 12 retrievable data, whether in computer storage, carded, 13 punched, taped, or coded form or stored electro-statically, 14 electro-magnetically, or otherwise; and any other data ; 15 compilation from which information can be obtained. 16 Without limiting the generality of the foregoing, 17 "document" specifically includes all contracts, agreements, / 18 invoices, bills of sale, promotional materials, 19 advertisements, forms, correspondence, letters, telegrams, 20 telephone messages, notices, notes, memoranda, reports, 21 studies, analyses, working papers, statistical statements, 22 financial statements, financial analyses, opinions, 23 forecasts, budgets, projections, audits, press releases, ; 24 brochures, pamphlets, circulars, minutes of meetings, notes 25 and summaries of investigations, statements, worksheets, 26 summaries, books, journals, ledgers, audits, maps, diagrams, 27 drafts, newspapers, appointment books, desk calendars. 28 F 1MAX & STERUNG 0825i 5 WATER PCB-SD0000002811 ) i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 i 17 18 19 20 ) .21 22 23 24 25 27 28 Irmas & Sterling CD 02 diaries, inter and intra office memos and communications. faxes, and telexes. Such terms shall also include all contemporaneously or subsequently created non-identical duplicates or copies and all drafts, preliminary versions or revisions of documents, whether or not completed, by whatever means made. As used in this Notice, "document" also includes every "document" that is no longer identical by virtue of any notation or modification of any kind. 2. Whenever appropriate, the singular form of a word shall be interpreted in plural, or vice versa; verb tenses shall be interpreted to include past, present, and future tenses; the terms "and" as well as "or" shall be construed either disjunctively or conjunctively, as necessary to bring within the scope of the requests in this Notice any documents that might otherwise be construed to be outside their scope; and words imparting the masculine include the feminine and vice versa. 3. Any reference to a person, corporation, association, partnership, company, or joint venture shall mean that person or entity, any parents, affiliates. divisions, controlled companies, subsidiaries, or otherwise related entities, and all of his, her, or its current or former agents, representatives, employees, attorneys, accountants, officers, directors, auditors, and consultants, or other persons or entities acting, or purporting to act, on its behalf. . 08251 -6- , zxk> WATER PCB-SD0000002812 iI ) 1 4. The documents requested herein specifically 2 include all documents in the possession, custody, or control 3 of Monsanto Company ("Monsanto") including parents, 4 affiliates, divisions, controlled companies, subsidiaries, or ! l 6 otherwise related entities, or any of Monsanto's current or 6 former agents, representatives, employees, attorneys, 7 accountants, auditors, directors, officers, consultants, or 8 other persons or entities acting, or purporting to act, on 9 Monsanto's behalf. 10 5. "Monsanto" or "Monsanto Company" means Monsanto 11 Company and its parents, affiliates, divisions, controlled 12 companies, subsidiaries, or otherwise related entities, or 13 any of Monsanto's current or former agents, representatives, 14 employees, attorneys, accountants, auditors, directors, ; 15 officers, consultants, or other persons or entities acting, 16 or purporting to act, on Monsanto's behalf. 17 6. "Transwestern" means Transwestern Pipeline 18 Company, the plaintiff in this action. 19 7. "Texas Eastern" means Texas Eastern 20 Transmission Corp., which was Transwestern's corporate parent 21 until 1984, and which was succeeded in 1979 by Texas Eastern 22 corp., which is now known as Panhandle Eastern Pipeline 23 Company. 24 8. "Turbinol" means the PCB-containing gas 25 compressor lubricant sold by Monsanto under the name Monsanto 26 MCS-153 -- Turbinol 153. 27 9. "PCBs" means the chemical compound 28 polychlorinated biphenyls. 4EARMAN & Sterling 0825i -7- WATER PCB-SD0000002813 ii ) 10. "Relevant period" means the period of time 1 2 during any part of which Monsanto developed, designed, 3 tested, manufactured, promoted, advertised, distributed, or 4 sold Turbinol or any other PCB-containing gas compressor 5 lubricant. 6 11. "Communication" is used in the broadest 7 possible sense and refers to any meeting, discussion, 8 presentation, contact, proposal, memoranda, letter, telegram, 9 telex, cable, telecopy, fax, telephone call, or any other 10 communication, or notes thereof, or document relating 11 thereto, whether formal or informal, and includes the 12 transmittal, in any manner or medium, of information, facts, 13 or ideas. 14 12. "Relating to" means constituting, concerning, 15 containing, evidencing, showing, or referring in any way, 16 directly or indirectly, to the subject matter of the 17 particular request in this Notice. 18 13. The use of the word "including" shall be 19 construed to mean "including without limitation." 20 14. All documents produced are to be produced in 21 their entirety, without redaction, and including all 22 attachments and enclosures. If, for any reason, a document 23 cannot be produced in full, please state with particularity 24 the reason or reasons it is not produced in full, and 25 describe, to the best of Monsanto's knowledge, information, 26 and belief and with as much particularity as possible, those 27 portions of the document that are not produced. When a 28 document is only in part responsive to any request in this lr*J!MA.\ & StERUNO 0825 i 8 WATER PCB-SD0000002814 U '> , i 1 Notice, it shall nevertheless be produced in its entirety. 2 If documents that are produced are normally kept in a file or 3 other folder, then that file or folder must also be produced. !4 15. That more than one request in this Notice may 5 ask for the same document is not be interpreted to narrow or 6 to limit the normal interpretation placed upon each 7 individual request. 8 16. Unless otherwise indicated, the documents to be > 9 produced are those created, or believed to have been created, 10 at any time from the first day of the relevant period, as 11 previously defined herein, up to and including the date of 12 this Notice. 13 17. If any document requested to be produced herein 14 was in Monsanto's possession, custody, or control, but has 15 since been disposed of, lost, discarded, destroyed, or 16 partially destroyed or is otherwise unavailable, please 17 provide the following: ) 18 (a) The nature or type of the document, 19 including any title or identifying number thereon (e.g., 20 letter, report, memoranda); 21 (b) Its date of origin or preparation; 22 (c) The name of its author or originator; 23 (d) The name of its addressee, if any; 24 (e) The name of all recipients of any copy of 25 such document; 26 (f) A summary of its substance; 27 (g) The time period during which the document 28 was in Monsanto's possession, custody, or control; 4** J &arman Sterling 0825 i -9- _ WATER PCB-SD0000002815 U ! J 1 (h) The name and address of any person or 2 entity who to the best of Monsanto's knowledge has a copy of 3 the document; 4 (i) The date or approximate time of the 5 disposition/ loss, destruction, discarding, or when the 6 document became unavailable; and 1 7 (j) The reason for disposition, loss, 8 destruction, discarding, or unavailability of the document. 9 and the person, if any, responsible therefor. 10 18. File folders with tabs or labels identifying 11 documents responsive to the requests in this Notice should be 12 produced intact with such documents. 13 19. Documents attached to each other shall not be 14 separated. 15 20. If responsive documents are kept together in 16 the usual course of business, they should be so produced, in 17 order fairly to reveal and not to distort the order of ' 18 Monsanto's filing and record-keeping system. 19 21. Electronic records and computerized information 20 should be produced: (a) in an intelligible format; or 21 (b) together with a description of the system from which they 22 were obtained sufficient to render the records and 23 information intelligible. ` 24 22. Each document produced should be produced in a 25 manner that makes clear the precise request or requests in . 26 this Notice (i.e., the paragraph number of the request) to ' 27 which the document relates. 28 &headman Sterling 0825 i - 10 - 3-10 WATER PCB-SD0000002816 UJ 1 23. If any of the documents requested below are 2 claimed by Monsanto to be privileged or otherwise withheld, ) 3 Monsanto is requested to provide for each such document, with 4 sufficient specificity to identify that document for purposes 5 of a motion to compel further discovery: 6 (a) a specific statement of the ground and 7 authority upon which Monsanto is relying in withholding 8 production; and ; 9 (b) a statement which sets forth; 10 (i) the identity of the document's 11 author(s) and every person who is known by Monsanto to have 12 either helped in its preparation or received a copy of the 13 document; 14 (ii) the title or other identifying data; 15 (iii) the date of the document, or, if no 16 date appears thereon, the approximate date; 17 (iv) in summary, the nature and subject 18 matter thereof; 19 (v) the identity and location of each 20 person having or last having had possession, care, custody, 21 or control of the original and each and any copies thereof; 22 and 23 (vi) if the document was, but is no longer 24 in Monsanto's possession or control, state what disposition 25 was made of it, including, but not limited to, specification 26 of the name and address of the person(s) who disposed of the 27 document and the date, time, place, mode, or method of the 28 disposal. barman & Sterling 0825 i - 11 - WATER PCB-SD0000002817 !j 1 24. When this Notice does not specifically request 2 a particular document, but the document would help to make 3 the production complete., comprehensible, or not misleading, 4 please produce the document. Only non-identical copies of a 5 document are to be considered separate documents. 6 25. Where there are no documents in Monsanto's 7 custody, control, or possession that are responsive to a 8 particular item, please so state. 0 26. This Notice shall be deemed continuing so as to 10 require further and supplemental production if Monsanto 11 obtains additional documents between the time of initial 12 production and the time of trial. 13 DOCUMENT REQUESTS 14 1. All documents relating to any communications 15 between Monsanto and Transwestern relating to or involving 16 PCBs in any way, directly or indirectly. 17 2. All documents relating to any communications 18 between Monsanto and Texas Eastern relating to or involving 19 PCBs in any way, directly or indirectly. 20 3. All documents relating to any communications 21 between Monsanto and the Southern California Gas Company 22 relating to or involving PCBs in any way, directly or 23 indirectly. 24 4. Al1 documents relating to any communications 25 between Monsanto and the Pacific Lighting Gas Supply Company 26 relating to or involving PCBs in any way, directly or 27 indirectly. 28 <"'hman & Sterling 0825 i - 12 - WATER PCB-SD0000002818 ) 1 5. All documents relating to any communications 2 between Monsanto and the Pacific Lighting Service Company 3 relating to or involving PCBs in any way, directly or 4 indirectly., ' 6 6. All documents relating to any communications 6 between Monsanto and any governmental entity relating to PCBs 7 or any PCB-containing product during the relevant period. 8 7. All documents relating to the sale of Turbinol 9 or other PCB-containing gas compressor lubricants to 10 Transwestern or Texas Eastern at any time during the relevant 11 period, including without limitation all contracts, invoices, 12 and bills of sale associated therewith. 13 8. All documents relating to the sale of Turbinol 14 or other PCB-containing gas compressor lubricants to persons 15 or entities other than Transwestern or Texas Eastern at any 16 time during the relevant period. 17 9. All documents relating to the cessation of the 18 sale of Turbinol or other PCB-containing gas compressor 19 lubricants by Monsanto. 20 10. All documents relating to the design, testing, 21 and manufacture of Turbinol or other PCB-containing gas 22 compressor lubricants. 23 11. All documents relating to the promotion, 24 advertising, marketing, distribution, and sale of Turbinol or 25 other PCB-containing gas compressor lubricants, including 26 without limitation any warnings, instructions for use, 27 warranties, disclaimers, and labels or other packaging 28 associated therewith. h imax & Sterling 0825i - 13 - WATER PCB-SD0000002819 fI i 1 12. All documents relating to the use(s) of 2 Turbinol or other PCB-containing gas compressor lubricants. 3 13. All documents relating to Monsanto's decision 4 to notify its customers in or about 1971 and 1972 of certain 5 hazards associated with Turbinol and PCBs. 6 14. All documents relating to the hazards to human, 7 animal, and/or aquatic health associated with PCBs or any 8 PCB-containing product. 9 15. All documents relating to scientific and 10 medical studies conducted by MONSANTO or others with respect 11 to the hazards associated with PCBs to human, animal, and/or 12 aquatic health. 13 16. All documents relating to the operation of 14 natural gas pipelines and gas compressors. 15 17. All documents relating to the development, 16 design, testing, manufacture, marketing, advertising, 17 distribution, and sale during the relevant period of any gas 18 compressor lubricant not containing PCBs. 19 20 1 21 22 23 24 25 26 ' 27 28 KEARMAN & StERUNG 0825i - 14 - WATER PCB-SD0000002820 i* ) DECLARATION OF SERVICE BY HAND DELIVERY 1 2 ares as follows: I am employed as a messenger by SUPER RUSH in the 3 4 county of Los Angeles, State of California. I am over the age 5 of 18 and not a party to the within action; my business address 6 is 1950 So. Santa Fe Avenue, Suite 101, Los Angeles, California 7 90021. 8 On May 21, 1991, I served the foregoing document 0 described as NOTICE OF DEPOSITIONS AND PRODUCTION OF DOCUMENTS 10 on the interested parties in this action 11 [ ] by placing true copies thereof enclosed in sealed 12 envelopes addressed as stated on the attached mailing list: 13 [X] by placing [ ] the original [X] a true copy thereof 14 enclosed in a sealed envelope addressed to each of the following 15 Registered Agent of Monsanto Company for Service of 16 Process in California: 17 CT Corporation System 818 West Seventh Street 18 Suite 1004 Los Angeles, CA 90017 19 20 [ ] BY MAIL 21 [ ] *i deposited such envelope in the mail at Los Angeles, 22 California, with postage thereon fully prepaid, 23 [ ] I caused such envelope to be deposited in the mail at 24 Los Angeles, California, following the firm's usual 25 practice of collection and processing of mail described 26 above. 27 28 hearman & Sterling 0838 i 15 WATER PCB-SD0000002821 ) 1 [X] BY PERSONAL SERVICE 2 [X] I delivered such envelope by hand to the office(s) of 3 the addressee(s). 4 5 Executed on 6 [date] 1991, at Los Angeles, California. 7 [X] (STATE) I declare under penalty of perjury under the laws 8 of the State of California that the above is true 9 and correct. 10 [ ] (FEDERAL) I declare that I am employed in the office of a 11 member of the bar of this court at whose direction IS 13 14 15 16 17 18 19 50 51 22 23 24 25 26 27 28 Harman & Sierliso 0838 i WATER PCB-SD0000002822 WATER PCB-SD0000002823 Bronson, Bronson & M cKin n o n ii ) 1 CHARLES F. PREUSS DONALD F. ZIMMER, JR. 2 EVELYN G. HEILBRUNN BRONSON, BRONSON & McKINNON 3 505 Montgomery Street San Francisco, California 94111-2514 4 Telephone: (415) 986-4200 5 Attorneys for Defendant MONSANTO COMPANY 6 RECEIVED JUH 2 4 1991 D- a. a. 4Dsft(i)-------- Plf(s) TTT EXHIBIT lor I.D. 0 I A N EJ END}, C SJ? 4 4851 Date: ----- ` Witness: IS \t?TM Qj 6-" 7 S SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 FOR THE COUNTY OF LOS ANGELES 10 11 TRANSWESTERN PIPELINE COMPANY, a) Delaware corporation, 2 12 Plaintiff, ) NO. BC026959 ) ) RESPONSE OF MONSANTO 13 v. ) COMPANY TO PLAINTIFF'S ) DOCUMENT REQUESTS ___ MONSANTO COMPANY, a Delaware ) ) corporation, and DOES 1through ) 200, inclusive, ) Defendants. ) ) ___ _____ ____ ______________ __________ .) 16 PROPOUNDING PARTY: Plaintiff TRANSWESTERN PIPELINE COMPANY 19 RESPONDING PARTY: Defendant MONSANTO COMPANY 20 SET NUMBER: ONE 21 Defendant Monsanto Company responds as follows to the 22 Document Request attached to the Notice of Deposition served by 23 plaintiff on May 2*, 1991; 24 GENERAL OBJECTIONS AND LIMITATIONS 25 1. Monsanto objects to any and all requests and the 26 accompanying Definitions and Instructions to the extent that they 27 seek privileged information or attorney work product which is 28 protected from disclosure. RESP. OF MONSANTO COMPANY TO PLTF.'S DOCUMENT REQUESTS WATER PCB-SD0000002824 Bronson, Bronson & M c Kin n o n / 1 2. Monsanto objects to any and all requests and the 2 accompanying Definitions and Instructions to the extent that they 3 seek confidential, financial or business information without the 4 protection of an acceptable form of stipulation and protective 5 order adequate to preserve the confidentiality of such 6 information and are not otherwise reasonably calculated to lead 7 to the discovery of relevant, admissible or discoverable 8 evidence. 9 3. Monsanto objects to any and all requests and the 10 accompanying Definitions and Instructions to the extent that they 11 relate to or require the production or identification of 2 12 documents, writings, records, or publications in the public 3 domain, because such information is equally available to the plaintiff. 4. Monsanto objects to any and all requests and the accompanying Definitions and Instructions to the extent that they seek information or documents concerning activities, policies, 18 practices, information, or procedures of any other party to this 19 action, because those parties are best able to provide answers 20 concerning their operations. Answers will be provided for 21 Monsanto only and will be based upon information known and 22 available to its officers and supervisory employees. 23 5. Monsanto objects to any and all requests and the 24 accompanying Definitions and Instructions to the extent that they 25 seek information or documents pertaining to current Monsanto 26 practices or procedures, including but not limited to 27 manufacturing, shipping and handling, for the reason that 28 RESP. OF MONSANTO COMPANY 2 TO PLTF.'S DOCUMENT REQUESTS WATER PCB-SD0000002825 Monsanto has not manufactured or sold products containing polychlorinated biphenyls since 1977. 6. In providing the following responses to plaintiff's requests, Monsanto has undertaken a reasonable effort to locate records and to provide the information requested. However, various records of Monsanto have from time to time been discarded in the ordinary course of business. The following responses are based upon such information as is reasonably available to Monsanto and susceptible to retrieval through reasonable efforts. 7. Monsanto objects to any and all requests and the accompanying Definitions and Instructions to the extent that they seek information or documents relating to Monsanto products other than those products containing polychlorinated biphenyls that were sold to plaintiff or Texas Eastern Transmission Corporation on the grounds that they are overly broad, unduly burdensome, seek irrelevant information, and are not reasonably calculated to lead to the discovery of relevant, admissible or discoverable evidence. Monsanto's available, pertinent records of sales and shipments of polychlorinated biphenyls show that the only products containing polychlorinated biphenyls that Monsanto sold to plaintiff were MCS-153 and Turbinol 153, and the only products containing polychlorinated biphenyls that Monsanto sold to Texas Eastern Transmission Corporation were OS-81, MCS-153, Turbinol 153, and Pydraul AC. Accordingly, Monsanto is limiting its production of documents to OS-81, MCS-153, Turbinol 153, and Pydraul AC except as otherwise stated. The documents that Monsanto is producing may incidentally contain information about Monsanto products in addition to OS-81, MCS-153, Turbinol 153, RESP. OF MONSANTO COMPANY 3 TO PLTF.'S DOCUMENT REQUESTS WATER PCB-SD0000002826 B r o n s o n , B r o n s o n 8cM c K in n o n I__V OFFICES OF / 1 and Pydraul AC, but Monsanto is producing that additional 2 information without waiving, and subject to, this objection. 3 8. Monsanto objects to the term "Turbinol or other PCB- 4 containing gas compressor lubricants" in plaintiff's requests and 5 the accompanying Definitions and Instructions on the grounds that 6 the term is vague, ambiguous, undefined, and capable of various 7 interpretations. The Monsanto products containing 8 polychlorinated biphenyls that Monsanto recommended for use as 9 natural gas compressor and natural gas turbine lubricants were 10 OS-81, MCS-153, and Turbinol 153. Monsanto is not aware that any 11 of its other products containing polychlorinated biphenyls were 2 12 g i i3 used as natural gas compressor or natural gas turbine lubricants. 9. Monsanto objects to any and all requests and the accompanying Definitions and Instructions to the extent that they seek information or documents related to customers or any person or entity other than plaintiff or Texas Eastern Transmission Corporation on the grounds that they are overly broad, unduly 18 burdensome, seek irrelevant information, and are not reasonably 19 calculated to lead to the discovery of relevant, admissible or 20 discoverable evidence. 21 10. Monsanto objects to the Definitions and Instructions 22 accompanying plaintiff's requests to the extent that they seek to 23 alter the obligations placed on Monsanto by applicable law and 24 rules of court. 25 11. Monsanto objects to the Definitions and Instructions 26 accompanying plaintiff's requests on the grounds that they are 27 overly broad, unduly burdensome, seek irrelevant information, and 28 RESP. OF MONSANTO COMPANY 4 TO-PLTF.'S DOCUMENT REQUESTS .. WATER PCB-SD0000002827 Bronson, Bronson & M cK in n o n :v. t ) 1 are not reasonably calculated to lead to the discovery of 2 relevant, admissible or discoverable evidence. 3 12. Monsanto objects to any and all requests and the 4 accompanying Definitions and Instructions to the extent that they 5 seek information or documents that Monsanto is prohibited from 6 disclosing by order of any court, including but not limited to 7 the Protective Order entered on January 1, 1989, by the United 8 States District Court for the Eastern District of Pennsylvania in 9 Associated Electric & Gas Insurance Services. Ltd.. et al. v. 10 Texas Eastern Transmission Corporation, et al.. No. 88-2126. 11 13. Monsanto objects to any and all requests and the s 12 accompanying Definitions and Instructions to the extent that they 3 seek information or documents not kept by Monsanto in the regular course of business during the time when Monsanto was manufacturing and selling products containing polychlorinated biphenyls for use as natural gas compressor and natural gas turbine lubricants. 18 14. Monsanto reserves the right to supplement its responses 19 and the documents it is producing with these responses. 20 DOCUMENTS PRODUCED 21 1. All documents relating to any communications between 22 Monsanto and Transwestern relating to or involving PCBs in any 23 way, directly or indirectly. 24 RESPONSE: Monsanto states that the only documents that it 25 has that refer to plaintiff are those documents in Folder 1 that 26 refer to plaintiff. 27 28 RESP. OF MONSANTO COMPANY 5 TO PLTF.'S DOCUMENT REQUESTS WATER PCB-SD0000002828 L V OtCTCES OP Bronson, Bronson & M cK in n o n . ' ) i 2. All documents relating to any communications between 2 Monsanto and Texas Eastern relating to or involving PCBs in any 3 way, directly or indirectly. 4 RESPONSE: Monsanto objects to Request No. 2 to the extent 5 that it seeks information or documents relating to or involving 6 "PCBs" for the reasons stated in General Objection 7. Monsanto 7 also objects to the term "communications" on the grounds that it 8 is overly broad, vague, ambiguous, undefined, and capable of 9 various interpretations. Monsanto further objects to this 10 request to the extent that it would require Monsanto to review n all of its files regarding other customers to search for s 12 documents responsive to this request, and Monsanto states that it a has not done so. Without waiving those objections, and subject thereto, Monsanto is producing all documents otherwise responsive to this request in Folders 9, 10 and 11. 3. All documents relating to any communications between Monsanto and the Southern California Gas Company relating to or i 18 involving PCBs in any way, directly or indirectly. 19 RESPONSE: Monsanto states that it is producing the only 20 document that it has responsive to Request No. 3 in Folder 15. .21 4 All documents relating to any communications between 22 Monsanto and the Pacific Lighting Gas Supply Company relating to 23 or involving PCBs in any way, directly or indirectly. 24 RESPONSE: Monsanto states that it has no documents .25 responsive to Request No. 4 26 5. All documents relating to any communications between 27 Monsanto and the Pacific Lighting Service Company relating to or 28 involving PCBs in any way, directly or indirectly. RESP. OF MONSANTO COMPANY 6 TO PLTF.'S DOCUMENT REQUESTS 4-6 WATER PCB-SD0000002829 Bronson, Bronson & M cKin n o n it ) 1 RESPONSE; Monsanto is producing all documents responsive to 2 this request in Folder 12. 3 6. All documents relating to any communications between 4 Monsanto and any governmental entity relating to PCBs or any PCB5 containing product during the relevant period. 6 RESPONSE: Monsanto objects to Request No. 6 on the grounds 7 that it is overly broad, unduly burdensome, seeks irrelevant 8 information, and is not reasonably calculated to lead to the 9 discovery of relevant, admissible or discoverable evidence. 10 Monsanto also objects to Request No. 6 on the grounds stated in 11 General Objection 3. Monsanto further objects to Request No. 6 2 12 to the extent that it seeks information or documents relating to or involving "PCBs or any PCB-containing product" for the reasons stated in General Objection 7. Without waiving those objections, and subject thereto, Monsanto is producing all documents relating to communications between Monsanto and the United States Environmental Protection Agency regarding polychlorinated 18 biphenyls during the relevant time period. See Folder 2. 19 7. All documents relating to the sale of Turbinol or other 20 PCB-containing gas compressor lubricants to Transwestern or Texas 21 Eastern at any time during the relevant period, including without 22 limitation all contracts, invoices, and bills of sale associated 23 therewith. 24 RESPONSE; Monsanto obj ects to the phrase "all documents 25 relating to the sale" on the grounds that it is overly broad, 26 vague, ambiguous, undefined, and capable of various 27 interpretations. Consistent with plaintiff's description of 28 contracts, invoices and bills of sale, Monsanto has interpreted RESP. OF MONSANTO COMPANY 7 TO PLTF.'S DOCUMENT REQUESTS WATER PCB-SD0000002830 Bronson, Bronson & M cK in n o n ?i v / 1 2 3 4 5 6 7 8 9 10 11 2 12 fc i i3 18 19 20 21 22 23 24 25 26 27 28 this to be a request for those documents particularly relating to the specific sales to plaintiff of MCS-153 and Turbinol 153 and also those documents particularly relating to the specific sales to Texas Eastern of OS-81, MCS-153, Turbinol 153, and Pydraul AC, and Monsanto is producing documents accordingly. Monsanto also obj ects to the phrase "Turbinol or other PCB-containing gas compressor lubricants" on the grounds stated in General Objection 8. Monsanto states that it has no available pertinent records of sales and shipments of polychlorinated biphenyls for the period prior to 1954 and that such records are incomplete for the period prior to 1958. Without waiving those objections, and subject thereto, Monsanto has attached to this response as Exhibit A summaries of Monsanto's sales of OS-81, MCS-153, Turbinol 153, and Pydraul AC to Texas Eastern Transmission Corporation and Monsanto's sales of MCS-153 and Turbinol 153 to Transwestern Pipeline Company. The summaries in Exhibit A are not documents that were kept in the original course of business by Monsanto but were prepared by Monsanto from supporting original documents that Monsanto is producing in response to this request in Folder 1. See also Folder 8. Folder 8 contains copies of invoices retained in Monsantos business records. Language pertaining to warranties and disclaimers of warranties was included on Monsanto's sales contracts and sales invoices, exemplary copies of which are also contained in Folder 8. Some of the documents that Monsanto is producing in response to other requests may also be responsive to Request 7. 8. All documents relating to the sale of Turbinol or other PCB-containing gas compressor lubricants to persons or entities RESP. OF MONSANTO COMPANY 8 TO PLTF.'S DOCUMENT REQUESTS r \ WATER PCB-SD0000002831 1 other than Transwestern or Texas Eastern at any time during the 2 relevant period. 3 RESPONSE: Monsanto objects to Request No. 8 on the grounds 4 that it is overly broad, unduly burdensome, seeks irrelevant 5 information, and is not reasonably calculated to lead to the 6 discovery of relevant, admissible or discoverable evidence. 7 Monsanto objects to the phrase "all documents relating to the 8 sale" on the grounds that it is overly broad, vague, ambiguous, 9 undefined, and capable of various interpretations. Monsanto also 10 objects to the phrase "Turbinol or other PCB-containing gas Z o 11 compressor lubricants" on the grounds stated in General Objection 8. Monsanto also objects to Request No. 8 on the grounds stated in General Objection Nos. 2 and 9. 9. All documents relating to the cessation of the sale of Turbinol or other PCB-containing gas compressor lubricants by Monsanto. RESPONSE: Monsanto objects to Request No. 9 on the grounds z O 18 that it is overly broad, unduly burdensome, seeks irrelevant j tC as 19 information, and is not reasonably calculated to lead to the 20 discovery of relevant, admissible or discoverable evidence. 21 Monsanto objects to the phrase "Turbinol or other PCB-containing ; 22 gas compressor lubricants" on the grounds stated in General 23 Objection 8. Monsanto also objects to the phrase "cessation of 24 the sale" on the grounds that it is overly broad, vague, 25 ambiguous, undefined, and capable of various interpretations. 26 Monsanto also objects to this request on the grounds stated in 27 General Objection 1. Without waiving those objections, Monsanto 28 is producing all documents relating to the cessation of the sale RESP. OF MONSANTO COMPANY 9 TO PLTF.'S DOCUMENT REQUESTS WATER PCB-SD0000002832 of OS-81, MCS-153 and Turbinol 153 in Folders 9, 10 and 11 subject to those objections. Some of the documents that Monsanto is producing in response to other requests may also be responsive to Request 9. 10. All documents relating to the design, testing, and manufacture of Turbinol or other PCB-containing gas compressor lubricants. RESPONSE; Monsanto objects to Request No. 10 on the grounds stated in General Objection 2. Monsanto also objects that the terms "design," "testing" and "manufacture" are overly broad, vague, ambiguous, undefined, and capable of various interpretations. Monsanto objects to the phrase "Turbinol or other PCB-containing gas compressor lubricants" on the grounds stated in General Objection 8. Monsanto also obj ects to the production of documents relating to standard manufacturing processes without the protection of an acceptable form of stipulation and protective order adequate to preserve the confidentiality of such information, and accordingly Monsanto is not producing such documents. Without waiving those objections, Monsanto states that it has interpreted the term "design" to mean the development of the product, the term "testing" to mean testing of the product for physical properties and for its ,compliance with specifications and performance standards, and the ( term "manufacture" to mean the process of producing OS-81, < MCS-153 and Turbinol 153 and Monsanto is producing all documents relating to OS-81, MCS-153 and Turbinol 153 subject to those .objections. See Folders 4, 9 and 14 Some of the documents that K Monsanto is producing in response to other requests may also be RESP. OF MONSANTO COMPANY 10 TO PLTF.'S DOCUMENT REQUESTS WATER PCB-SD0000002833 Bronson, Bronson & M cKin n o n V.' ) 1 responsive to Request No. 10. See also the toxicity studies 2 produced in response to Request No. 15. 3 11. All documents relating to the promotion, advertising, 4 marketing, distribution, and sale of Turbinol or other PCB5 containing gas compressor lubricants, including without 6 limitation any warnings, instructions for use, warranties, 7 disclaimers, and labels or other packaging associated therewith. 8 RESPONSE; Monsanto objects to the phrase "Turbinol or other 9 PCB-containing gas compressor lubricants" on the grounds stated 10 in General Objection 8. See also General Objections 2 and 9. 11 Without waiving those objections, and subject thereto, Monsanto s 12 is producing all documents otherwise responsive to this request that relate to OS-81, MCS-153, Turbinol 153, and Pydraul AC in Folders 1, 5, 6, 7, and 8. Some of the documents that Monsanto is producing in response to other requests may also be responsive to Request No. 11. 12. All documents relating to the use(s) of Turbinol or 18 other PCB-containing gas compressor lubricants. 19 RESPONSE: Monsanto objects to the term "use(s)" on the 20 grounds that it is overly broad, vague, ambiguous, undefined, and 21 capable of various interpretations. Monsanto objects to the 22 phrase "Turbinol or other PCB-containing gas compressor 23 lubricants" on the grounds stated in General Objections 8. 24 Monsanto also objects to Request No. 12 on the grounds stated in 25 General Objection 9. Without waiving those objections, Monsanto 26 states that is has interpreted the term "use(s)" to mean the 27 application of OS-81, MCS-153 and Turbinol 153, and Monsanto is ,28 producing all documents responsive to this request in Folders 4 RESP. OF MONSANTO COMPANY 11 TO PLTF.1S DOCUMENT REQUESTS WATER PCB-SD0000002834 Bronson, Bronson & M cKin n o n 1 6, 7, 9, 10, 11, and 13 subject to those objections. Some of the 2 documents Monsanto is producing in response to other requests may 3 also be responsive to Request No. 12. 4 13. All documents relating to Monsanto's decision to notify 5 its customers in or about 1971 and 1972 of certain hazards 6 associated with Turbinol and PCBs. 7 RESPONSE; Monsanto objects to Request No. 13 on the grounds 8 that it is overly broad and unduly burdensome, seeks irrelevant 9 information, and is not reasonably calculated to lead to the 10 discovery of relevant, admissible or discoverable evidence. n Monsanto also objects to Request No. 13 on the grounds stated in 2 3L. 12 General Objection No. 9. Monsanto also objects to Request No. 13 on the grounds that the term "certain hazards" is argumentative, vague, ambiguous, undefined, and capable of various interpretations. Monsanto also objects to Request No. 13 to the extent that it seeks information or documents regarding "Turbinol ffi 18 and PCBs" on the grounds stated in General Objections 7 and 8, and Monsanto is limiting its production in response to this 19 request to OS-81, MCS-153 and Turbinol 153. Without waiving 20 those objections, and subject thereto, Monsanto is producing all 21 documents otherwise responsive to this request in Folders 9, 10 22 and 11. Some of the documents that Monsanto is producing in 23 response to other requests may also be responsive to Request 24 No. 13. 25 14. All documents relating to the hazards to human, animal, 26 and/or aquatic health associated with PCBs or any PCB-containing 27 product. 28 RESP. OF MONSANTO COMPANY 12 TO PLTF.'S DOCUMENT REQUESTS WATER PCB-SD0000002835 Bronson, Bronson & M cKin n o n 1 RESPONSE: Monsanto objects to Request No. 14 on the grounds 2 that it is overbroad, unduly burdensome, argumentative, seeks 3 irrelevant information, and is not reasonably calculated to lead 4 to the discovery of relevant, admissible or discoverable 5 evidence. Monsanto also objects to Request No. 14 to the extent 6 that it seeks information and documents regarding "PCBs" and "any 7 PCB-containing products" on the grounds stated in General 6 Objections 7 and 8. Monsanto also objects that the terms 9 "hazards" and "aquatic health" are overly broad, vague, 10 ambiguous, undefined, and capable of various interpretations and n the term "hazards" is argumentative. Monsanto further objects to 2 8 12 Request No. 14 on the grounds that plaintiff's complaint seeks recovery from Monsanto for the damages that plaintiff has paid to Southern California Gas Company for the contamination of sections of the Southern California Gas Company natural gas delivery system, and therefore, information and documents related to "human, animal, and/or aquatic health" are not relevant to this 18 lawsuit. 19 Without waiving these objections, and subject thereto, 20 Monsanto states that some of the documents it is producing in 21 response to other requests may contain information about the 22 proper handling and use of OS-81, MCS-153, Turbinol 153 and 23 Pyrdaul AC. 24 15. All documents relating to scientific and medical 25 studies conducted by MONSANTO or others with respect to the 26 hazards associated with PCBs to human, animal, and/or aquatic 27 health. 28 RESP. OF MONSANTO COMPANY 13 TO PLTF.'S DOCUMENT REQUESTS WATER PCB-SD0000002836 1 ..V OFFICES OP Bronson, Bronson & M cKin n o n / 1 RESPONSE: Monsanto objects to Request No. 15 on the grounds 2 stated in response to Request No. 14, which are incorporated 3 herein by reference. Without waiving those objections, and 4 subject thereto, Monsanto is producing copies of reports of all 5 toxicological studies conducted for Monsanto by independent 6 testing laboratories on OS-81, MCS-153, Turbinol 153, Pydraul AC, 7 and the Arodors contained in those products. See Folder 3. B "Aroclor" was a Monsanto trade name for a group of products, some 9 of which contained polychlorinated biphenyls. 10 16. All documents relating to the operation of natural gas 11 pipelines and gas compressors. 2 12 3 RESPONSE: Monsanto objects to Request No. 16 on the grounds that it is overbroad, unduly burdensome, seeks irrelevant information, and is not reasonably calculated to lead to the discovery of relevant, admissible or discoverable evidence. Monsanto further objects to Request No. 16 on the grounds that Monsanto was not and is not in the business of manufacturing or 18 operating natural gas. pipelines and gas compressors and that 19 plaintiff is in a better position to have that information. 20 Without waiving those objections, and subject thereto, Monsanto 21 states that it is producing a General Electric brochure on gas 22 turbines that Monsanto located in its files, and some of the 23 documents it is producing in response to other requests may 24 contain information responsive to this request. 25 17. All documents relating to the development, design, 26 testing, manufacture, marketing, advertising, distribution, and 27 sale during the relevant period of any gas compressor lubricant 28 not containing PCBs. RESP. OF MONSANTO COMPANY 14 TO PLTF.'S DOCUMENT REQUESTS WATER PCB-SD0000002837 s RESPONSE: Monsanto objects to Request No. 17 on the grounds 2 that it is overly broad, unduly burdensome, seeks irrelevant 3 information, and is not reasonably calculated to lead to the 4 discovery of relevant, admissible or discoverable evidence. 5 Without waiving those objections, and subject thereto, Monsanto 6 states that some of the documents it is producing in response to 7 other requests may contain information responsive to Request 8 No. 17. 9 10 Dated: June 21, 1991 11 BRONSON, BRONSON & McKINNON s 12 Attorneys for Defendant MONSANTO COMPANY Bronson, Bronson & M cKin n o n 18 19 20 21 22 23 24 25 26 27 C:\D0C\DFZ\2772A8169\REQPR0D1 .USP 3187-Bacey RESP. OF MONSANTO COMPANY 15 TO PLTF.'S DOCUMENT REQUESTS 4-15 WATER PCB-SD0000002838 I, Jeanette M. Bacey, declare under penalty of perjury under the laws of the State of California that the following is true and correct: I an a citizen of the United States, over the age of 18 years, and not a party to or interested in the within entitled action. I an an employee of BRONSON, BRONSON & McKINNON, and my business address is 505 Montgomery Street, San Francisco, California 94111-2514. I caused to be served by Federal Express the following document(s): RESPONSE OF MONSANTO COMPANY TO PLAINTIFF'S DOCUMENT REQUESTS I enclosed a true copy of said document(s) in an envelope, addressed as follows: David R. Scheidemantle, Esq. SHEARMAN & STERLING 725 South Figueroa Street Twenty-First Floor Los Angeles, CA 90017 , I am readily familiar with my firm's practice for collection and processing of correspondence for mailing with Federal Express, to-wit, that correspondence will be deposited with Federal Express this same day in the ordinary course of business. I sealed said envelope and placed it for collection and mailing on June 21, 1991, following the ordinary business practice. I declare under penalty of perjury under the laws of the State of California that the above is true and correct. I further declare that I am employed in the office of a member of the bar of this court at whose direction the service was made. Executed on June 21, 1991, at San Francisco, California. C:\D0C\DFZ\27727\8169\FEDEX.SER 3187-Bacey WATER PCB-SD0000002839 WATER PCB-SD0000002840 VERIFICATION STATE OF MISSOURI COUNTY OF ST. LOUIS ) J. H. CRADDOCK, Ph.D., being duly sworn, deposes and states that he is the Director, Regulatory Affairs/Product and Environmental Safety of Monsanto Company, that he verifies the foregoing answers to Response of Monsanto Company to Plaintiff's Document Request for and on behalf of Monsanto Company and is duly authorized to do so; that some or all of the facts and matters set forth therein are not within the personal knowledge of the deponent; that the facts and matters set forth therein have been assembled by authorized employees and counsel of Monsanto Company; and that deponent is informed that the facts and matters set forth therein are true. -^Director, Regulatory Affairs/ Product and Environmental Safety Monsanto Company Subscribed and swwcorn to before me this day of W` 1991. , No PPaublic in and for said County and State C:CRADDOCK;VER JOSEPHINE S. NIBLOCK NOTARY PUBLIC STATE Of MISSOURI ST. LOUISCOUNTY tW COMMISSION EXP. JAN. 15.1995 EXHIBIT for 1.0. WATER PCB-SD0000002841