Document nmbpZ2ZYpkMzjGoZJ9YDkLnO1

W eil, Gotshal & Manges A P .H T N C R ftH lP .N C LLB lN O F 9 r c * lO h A L C O *P O A A *lO N 6 767 r ir t M A V E N U E N E W Y O R K , N .Y . lO 1 5 3 - 0 M S RECEIVED AUG . 2 ,, (2 I 2 ) 3 lO-OOO "AX: ( H t i'0 - * 0 O 7 c a b le: w eoom a TELEX: WGm Ul W R IT E A 'S O iR C C T LIN E (212) 310-8904 August 2, 1993 DALLAS HOUSTON MEN 0 PA R* Sil ic o n v a l l c y i N AMI W ASHINGTON, D.C. BRUSSELS BUDAPEST LONDON PRAGUE WARSAW VIA TELECOPIER Deborah M. Kailander Bradley & Merrell c/o Jones, Jones, Close & Brown 700 Bank of America Plaza 300 South Fourth Street, Suite 700 Las Vegas, Nevada 89101 Re: Nevada Power Company v. Monsanto Company, et. al., United States District Court, District of Nevada. CV-5-B9-555-LDG (LRL) Dear Deborah: I am writing regarding Nevada Power's unilateral decision to postpone the July 29, 1993 and July 30, 1993 depositions of Ron Lawrence and Roger Wills. The letter notifying Westinghouse of your decision to postpone the deposition was not transmitted to Westinghouse until 4:35 p.m. E.D.T. By that time, Counsel for both Westinghouse and Mr. Lawrence had already traveled to Pittsburgh. In the future, we would expect the common courtesy of enough advance notice of your need to reschedule a deposition to allow us to cancel travel plans. In addition, short of exigent circumstances, which were not present here, we will also expect to be reimbursed for our expenses. Westinghouse also takes issue with the rationale given for Nevada Power's unilateral postponement. Westinghouse is not aware of any document regarding Mr. Wills as to which it told Nevada Power it would be moving for a protective order. In any event, if Nevada Power thought such an issue existed, it should not have agreed to the scheduling of Mr. Wills deposition without first resolving the issue. Similarly, if Nevada Power felt it MYFS07...;\S8\80758\0100\1614\lTia0293.l10 20'd 82011000X082108frI9 01 UOdd 0S:1T 65T-20-3Tib 00'd TbiOx W e it , Go t s h a l & Ma n g s Deborah M. Mailander August 2, 1993 Page 2 could not conduct the depositions until the Magistrate Judge rules on Westinghouse's in camera submissions, then Nevada Power should have cancelled the depositions shortly after they were filed, not on the eve of the depositions. Please understand that both Mr. Lawrence and Mr. Wills have very hectic schedules and had specifically set time aside for these depositions. Although Westinghouse will work with you in trying to arrange mutually convenient dates in the future, it cannot guarantee how quickly new dates can be obtained. Very truly yours, cc: Arvin Maskin, Esq. Steven R. Kuney, Esq. Bruce Featherstone, Esq Konrad L. Cailteux 00'd 820iT800T08Si088frI9 01 LTW-I T C : ^ T CC.CT-^ ca_nni-i