Document ppjVR9gm1voOQ6n871xb7JwV7

BRADLEY & MERRELL C/OJQNEB, JONE&, CLOSE & BROWN, CHARTERED Bavanth Floor -- Bank of Amorlea Plain 300 South Fourth Street La Vogas, Nevada SSI 0 * 1 - 6 0 2 6 (7 0 2 ) 3 8 6 - 4 2 0 2 MESSAGE FROM XEROX 702-= (7Q21 385-1655 TO: Kortrad L. Cailtoaux, Esq. & -rFAX #: (2 1 2 ) 3 1 0 - 8 5 1 6 PHONE #: (2 1 2 ) 3 1 0 - 8 9 0 4 FROM: CLIENTSMATTER; Nevada Powor v . Monsanto, at al. CLIENT/MATTER NO.i 1-1337.2 DOCUMENT(S) DESCRIPTION: NUMBER O F PAGES (Including covar paga): MESSAGE: T H IS T L K n r %9 WYffcHDQOOMLV M U T H E A flD M M I B MAMCD A B O V l. IT MAY CONTAIN INFO*MAI*ON W A T LB P nV IU O D O CoM^UKRTTML. P TOO Hr V M t W MP T N I TILI PV IN IMU1II PLEASE NOTIFY U6 IM M EPIATtLV NY TELEPHONE, DMTPIOV PULA- OOPE-M, AMJ DO MOT DMMMIMATE Tn INFORNAHOI TO ANYONE. THANK YOU PON YOUR A E llE T A N O l, IF YOU EXPERIENCE PROBLEMS WITH THIS TRANSMISSION, please call <7 0 2 } 3 8 5 - 4 2 0 2 and usk for: Randv Andrelnlj Ext. 0 1 6 TRANSMISSION REPORT THIS DOCUMENT WAS CONFIRMED (REDUCED SAMPLE ABOVE - SEE DETAILS BELOW) ** COUNT ** TOTAL PAGES SCANNED : 4 TOTAL PAGES CONFIRMED : 4 *** SEND *** No. REMOTE STATION START TIME DURATION I SPACES MODE RESULTS 1 212310851b 7-14-83 4:15PM 1'55" 4/ 4 EC COMPLETED 9600 NOTE: No. : OPERATION NUMBER PD : POLLED BY REMOTE MB = SEND TO MAILBOX TOTAL 0 =01'55" 4 48 : 4800BPS SELECTED EC : ERROR CORRECT SF : STORE & FORWARD RI : RELAY INITIATE PG : POLLING A REMOTE MP : MULTI-POLLING G2 : G2 COMMUNICATION RS : RELAY STATION RM : RECEIVE TO MEMORY 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 DATE: /*/. / ? ? 3 TO: Konrad L. Cailteaux, Esq. FA X #: (212) 310-8516 PHONE #: (212) 310-8904 FROM: CLIENT/MATTER: Nevada Power v. Monsanto, et al. CLIENT/MATTER NO.: 11927.2 DOCUMENT(S) DESCRIPTION: CL^A***^*-** S-- NUMBER OF PAGES (including cover page): MESSAGE: THIS TELECOPY IS INTENDED ONLY FOR THE ADDRESSEE NAMED A BO V E IT MAY CONTAIN INFORMATION THAT IS PRIVILEGED AND CONFIDENTIAL. IF YOU HAVE RECEIVED THE TELECOPY IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE, DESTROY ALL COPIES, AND DO NOT DISSEMINATE THE INFORMATION TO ANYONE. THANK YOU FOR YOUR ASSISTANCE. IF YOU EXPERIENCE PROBLEMS WITH THIS TRANSMISSION, please call (702) 385-4202 and ask for: Randy Andreini, Ext. 615 BRADLEY & MERRELL . c/o JONES, JONES, CLO SE & BROWN, CHARTERED Seventh Floor -- Bank of America Plaza 300 South Fourth Street Las Vegas, Nevada 89101-6026 (702) 385-4202 M ESSAG E FROM XEROX 7024: (702) 385-1655 TO: Peggy A. Leen, PHONE #: (702) 366-0622 FROM: CLIENT/MATTER: Nevada Power v. Monsanto, et al. CLIENT/MATTER NO.: 11927.2 DOCUMENT(S) DESCRIPTION: NUMBER OF PAGES (including cover page): MESSAGE: (f) THIS T R F C O P y IS INTENDED O N LY FO R TH E ADDRESSEE NAMED ABOVE. IT M AY CONTAIN INFORMATION THAT IS PRIVILEGED AND CONFIDENTIAL F Y O U HAVE RECEIVED TH E TELECO PY IN ERROR, PLEA SE NOTIFY US IMMHMATELY BYTELEPH O NE, DESTROY A LL COPIES, AND DO NOT DISSEMINATE TH E INFORMATION T O A N Y O N E THANK YO U FOR YO UR ASSISTANCE. IF YOU EXPERIENCE PROBLEMS WITH THIS TRANSMISSION, please call (702) 385-4202 and ask for: Robert Osterloh, Ext. 615 s4* S ^ ~ #r- TO: Peooy A. Leen. Eaq. F A X #: P'OZ) 366-0327 FROM : F*. R H O N E 4#s (702) 366-0622 C U EN T /M A T T ER : Nevada Power v. Monsanto, et el. C U E N T /M A T T E R NO.: 11027.2 D O CU M EN T(B) D ESCRIPTIO N : ' N U M BER O F RAGES (Including cover pego) IF Y O U E X P E R IE N C E P R O B LE M S WITH THIS TR AN SM ISSIO N , please call (702) 365-4202 and a sk for: Robert Oatarloh. Ext. 616 TRANSMISSION REPORT THIS DOCUMENT WAS CONFIRMED (REDUCED SAMPLE ABOVE - SEE DETAILS BELOW) ** COUNT TOTAL PAGES SCANNED : 4 TOTAL PAGES CONFIRMED : 4 *** SEND *** No. REMOTE STATION START TIME DURATION #PAGES MODE RESULTS 1 PEGGY LEEN 7-14-83 4=13PM 1 '58" 4/ 4 EC COMPLETED 9600 NOTE = No. : OPERATION NUMBER 48 PD : POLLED BY REMOTE SF MB : SEND TO MAILBOX PG TOTAL 0:01'58" 4 4800BPS SELECTED EC : ERROR CORRECT STORE & FORWARD R1 = RELAY INITIATE POLLING A REMOTE MP = MULTI-POLLING G2 : G2 COMMUNICATION RS : RELAY STATION RM : RECEIVE TO MEMORY BRADLEY & MERRELL JONES, JONES, CLOSE & BROWN, CHARTERED Seventh Floor -- Bank of America Plaza 300 South Fourth Street Las Vegas, Nevada 89101-6026 (702) 385-4202 M ESSAGE FROM XEROX 7024: (702) 385-1655 DATE: TO: David C. Kiernan, Esq. FAX #: (202) 434-5029 PHONE #: (202) 434-5843 FROM: Paul E. Merrell, Esq. CLIENT/MATTER: Nevada Power v. Monsanto CLIENT/MATTER NO.: 11927.2 DOCUMENT(S) DESCRIPTION: ^l^ NUMBER OF PAGES (including cover page): MESSAGE: C ) THIS TELECO PY IS INTENDED O NLY FO R TH E ADDRESSEE NAMED ABO V E rr MAY CONTAIN INFORMATION THAT IS PRIVILEGED AND CONFIDENTIAL IFYOU HAVE RECEIVED THE TELECO PY IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE, DESTROY ALL COPIES, AND DO NOT DISSEMINATETHE INFORMATION TO ANYONE. THANK YO U FOR YOUR ASSISTANCE IF YOU EXPERIENCE PROBLEMS WITH THIS TRANSMISSION, please call (702) 385-4202 and ask for: Randy Andreini, Ext. 615 ___ < _________________________ r ------- BRADLEY & M ER RELL JO N E S, JO N ES, C LO S E Ml BROW N. CH A R TER ED S even th F lo o r -- B a n k o t A m e ric a P la za 300 South Fourth Stre et Lae Vagae, N evad a BB101>6026 (702) 38S-4202 M E S S A G E F R O M X E R O X TOSA: TO: David C. Klernari, Esq. FAX P H O N S #: FRO M : Raul E. Morrell, Esq. CLIEN T/M A TTER : Nevada Rower v. Monsanto C U E N T /M A T T E R NO.: 11527.2 D O CU M EN T(S) D ESCRIPTIO N : (202) 434-5029 (202) 434-5B43 N U M B E R O F P A G E S (In clu din g c o v e r pago): M ESSAGE: n e iHwco rv aw rew oH i only pom imzACOHtaagg ta a r-i) above it may oontmn inpOtmmtion that to MuiiiiamnMru iw iiia in w i ih'YOumkveRECtn /tu ih e TtiACOw iimtHHCDH.puxjomctify lioiiaMi3*TCLy BYTEMil IONE UC8TRQYMJ.OOPE8,WD DOMOTCMOOCMIiMTeTMBIMPQWMATQWTPANVOWC. TTUNKVOUFOR voua aaatsTANCK. IF Y O U E X P E R IE N C E P R O B LE M S WITH THIS TRANSM ISSION, please call (702) 385-4202 and ask for: Randy Andrelni, Ext. 315 TRANSMISSION REPORT THIS DOCUMENT WAS CONFIRMED (REDUCED SAMPLE ABOVE - SEE DETAILS BELOW) ** COUNT ** TOTAL PAGES SCANNED : 4 TOTAL PAGES CONFIRMED : 4 *** SEND *** No. REMOTE STATION START TIME DURATION #PAGES MODE RESULTS 1 STEVEN KUNEY 7-14-83 4:09PM 1 '18" 4/ 4 EC COMPLETED 14400 TOTAL 0:01118" 4 NOTE : No. OPERATION NUMBER 48 4800BPS SELECTED EC ERROR CORRECT G2 G2 COMMUNICATION PD POLLED BY REMOTE SF STORE & FORWARD RI RELAY INITIATE RS RELAY STATION MB SEND TO MAILBOX PG POLLING A REMOTE MP MULTI--POLLING RM RECEIVE TO MEMORY v j- I. Areas of Agreement for Stipulations A. Preserving the right to object to specific questions, Westinghouse agrees as a general matter that it has waived privilege claims as to Plaintiff's Exhibit 1212 itself, the circumstances surrounding its preparation, and the circumstances surrounding the decision not to implement the program in Exhibit 1212; providing however, that Westinghouse reserves its privilege claim as to two documents that were appended to Exhibit 1212; and providing further that Westinghouse does not concede that documents lost their privileged status merely because they were reviewed by Mr. Bair. Generally, Westinghouse will have no objections in the following areas, subject to its right to object to specific questions: 1. conversations between Mr. Bair and Mr. Bickerstaff and Mr. Lawrence and Mr. Pitt concerning Plaintiff's Exhibit 1212. 1212; 2. the purpose and meaning of Plaintiff's exhibit 3. documents, pending cases or issues referred to in plaintiff's exhibit 1212 subject to Westinghouse's privilege claim regarding appendices to Exhibit 1212 that are being submitted to the Court for resolution; provided, however, that Westinghouse reserves the right to claim privilege to the extent reserved in section 1(A) above or elsewhere in this document. 4. whether participants received commendations or reprimands because of their involvement with the subject matter of Plaintiff Exhibit 1212; B. Westinghouse will bring to the Bair/Bickerstaff depositions any written record of commendations or reprimands given to Westinghouse personnel regarding the program described in plaintiff's exhibit 1212. C. Westinghouse will consider bringing portions from the personnel files of Bair, Bickerstaff, Lawrence, Pitts, and Pashke to their depositions if Nevada Power narrows the request to specify categories of documents from the file which pertain to the Exhibit 1212 issue. D. As a general proposition, Westinghouse does not anticipate any objections based on privilege during Mr. Pashke's deposition to the extent that the deposition relates to the mechanics of the 1986 collection of PCB documents in Pittsburgh and its relationship if any to Plaintiff's exhibit 1212. Westinghouse is attempting to locate Mr. Pashke and envisions making him available for a deposition which may have to take place after July 23. 1 i E. Westinghouse intends to submit to the court for in camera review two documents that were originally attached to Plaintiff's exhibit 1212. Westinghouse will provide a copy of the cover letter to Nevada Power and indicate in that letter that Nevada Power wishes to make a short presentation to the Court of the related privilege issues. F. Westinghouse agrees to produce prior to the depositions next week prior depositions, affidavits, and hearing testimony of the upcoming deponents regarding the Plaintiff's Exhibit 1212 issue, plus the insurance litigation deposition of Wayne Bickerstaff. G. Nevada Power will be allowed to inquire into the existence of an index or inventory of the documents discussed in Plaintiff's Exhibit 1212. H. Nevada Power should be allowed to inquire into post1988 Westinghouse document retention policies insofar as they may have affected retention of documents in the Industrial Hygiene collection described in Plaintiff's exhibit 1212. II. Issues to Be Discussed Further A. Westinghouse and Nevada Power did not reach agreement as to which state's law governs objections and privileges at the Bair, Bickerstaff, Lawrence, and Pashke depositions, but the parties believe they will be able to agree on this topic prior to commencement of the deps. B. Need to resolve whether PMK will have personal knowledge. III. Issues to be discussed with Judge Leavitt: A. Whether to adopt the suggestion in Westinghouse1s motion regarding proceeding with depositions first and then examining the need for inspection, or to allow Nevada Power's request to inspect documents and to conduct depositions on-site. B. Whether an index of documents gathered in the 1986 company-wide sweep for PCB documents is privileged or otherwise should not be produced by Westinghouse. C. Whether Nevada Power will be allowed to inquire into whether anyone has actually determined whether Industrial Hygiene documents inventoried as part of Mr. Bair's efforts are still in existence. Westinghouse queries whether this topic has been noticed for deposition. D. Nevada Power and Westinghouse parties request authorization to stipulate to taking certain depositions relating 2 . to the alleged destruction evidence in the week following the close of the fact deposition period. E. Whether Mr. Bair will be required to review and correct a typescript of his handwritten notes prior to his deposition and to attest to the veracity of the corrected version during his deposition. F. Nevada Power intends to inquire at hearing into whether there are reports or investigations by Westinghouse into whether the Exhibit 1212 documents still exist, and if so, whether they are in fact privileged or subject to a showing of need. pem\uvp0wer\phaaecaa 3