Document ykReO654k6a55Ey2ONjLwyanr

-- O --------------------------------------------------------------------------- -- STORE & FORWARD REPORT DATE/TIME LOCAL TERMINAL ID. LOCAL NAME COMPANY LOGO 7-14-83 3:00PM 7023851655 BRADLEY AND MERRELL No. REMOTE STATION START TIME DURATION #PAGES MODE 001 JOHN THORNDAL 7-14-83 2:32PM 2'39" 4/ 4 SF 003 B FEATHERSTONE 2:36PM 6 'BS" 4/ 4 EC SF 005 ARVIN MASKIN 2:51PM 1 '49" 4/ 4 EC SF 002 BRUCE ALVERSON 2:57PM 1*22" 4/ 4 EC SF 004- STEVEN KUNEY 2:59PM 1*06" 4/ 4 EC SF DIAL GROUP No. 006 001 002 003 004 005 TOTAL 0=13'51" 20 DIRECTORY NUMBERS RESULTS COMPLETED 9600 COMPLETED 4800 COMPLETED 9600 COMPLETED 9600 COMPLETED 14400 NOTE: No. DIRECTORY NUMBER 48 PD POLLED BY REMOTE SF MB SEND TO MAILBOX PG 4800BPS SELECTED EC STORE & FORWARD RI POLLING A REMOTE MP ERROR CORRECT RELAY INITIATE MULT I-POLL 1\'G G2 : G2 COMMUNICATION RS : RELAY STATION RM : RECEIVE TO MEMORY ( fe . k 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 the subject matter of Plaintiffs Exhibit 1212, any discussions involving the decisions to prepare it, its preparation, discussions regarding the decision not to implement the program, and the decision not to implement the program, 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 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 Westinghouse1s 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 identifies narrow categories. 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 fe E. Westinghouse intends to to submit to the court for in camera review two documents that were originally attached 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; Westinghouse reserves for further discussion the potential production of similar materials' for all persons on its witness list. 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. Ill, Issues to be discussed with Judge Leavitt: A. Whether to adopt the suggestion in Westinghouse's 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. 2 I te -k D. The parties request authorization to stipulate to taking certain depositions relating 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. 3 BRADLEY & MERRELL c/o JONES, JONES, CLOSE & BROWN, CHARTERED Seventh Floor -- Bank of America Plaza 30 0 South Fourth Street Las Vegas, Nevada 8 9 1 0 1 -6 0 2 6 (702) 385-4202 MESSAGE FROM XEROX 7024: (702) 385-1655 DATE: TO: Konrad L. Cailteaux, Esq. FAX#: (212) 310-8516 PHONE#: (212) 310-8904 FROM: iodi CLIENT/MATTER: Nevada Power v. Monsanto, et al. CLIENT/MATTER NO.: 11927.2 DOCUMENT(S) DESCRIPTION: NUMBER OF PAGES (including cover MESSAGE: THIS TELECOPY IS INTENDED ON LY FOR TH E ADDRESSEE NAMED ABOVE. IT M A Y CONTAIN INFORMATION TH A T IS PRIVILEGED AND CONFIDENTIAL. IF YO U H AVE RECEIVED THE TELECOPY IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE. DESTROY A LL COPIES. AND DO NOT DISSEMINATE THE INFORMATION TO ANYONE. TH A N K YO U FOR YO UR ASSISTANCE. IF YOU EXPERIENCE PROBLEMS W ITH THIS TRANSMISSION, please call (702) 3 8 5 -4 2 0 2 and ask for: Randy Andreini, Ext. 615 i fe _____ _ ____________ A . * BRADLEY &. MERRELL c/a JONES, JONES, CLOSE & BROWN, CMARTEREO Seventh Floor --Bank at America Plazo 300 South Fourth Stroat La Vaga, Novada 891 OI -GOZO (702) 388-4202 MESSAGE FROM XEROX 7 0 2 4 : <7021 3 8 5 -1 6 5 5 <2-121 3-10-6516 <2121 31 0 -8 9 0 4 CLIENT/M A ER: Nvada Power v. Monsanto, ol al. CLIENT/MATTER NO.: 11927.2 DOCUMENTISI DESCRIPTION: a. NUMBER OF PAGES (Including cover pagel: MESSAGE: .c**) TMIBTOECIWV B M T D IN D ONLVrontHB A O W O H i OMUEDMOVE. ITOIAT CONTAIN IMrOMMATION THAT IBP m iU D ID AMO CONMOIMTUU, IF YOU HAVE KEUUVkU THE TELKOPY IM IRKail. PIXAM NOTIPY Up WMHMATELV BV TW irllllM T DPATAOY ALL CO PM . DO Ma r DIOMIWMA TE THE MrOPMATIOM TO ANYONE. THANK YOU FOH VDUN AWNTANCI. IF YOU EXPERIENCE PROBLEMS WITH THIS TRANSMISSION, please call <702) 3 8 5 -4 2 0 2 end ask lor: Randy Andralnl, Ext. 615 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 2123108516 7-34-83 2:53PM 1 '56" 4/ 4 EC COMPLETED 9600 TOTAL 0:01'56" 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 ,ta BRADLEY 8 MERRELL c/o JONES. JONES. CLOSE & BROWN. CHARTERED Seventh Floor -- Bsrtk. of America Plaza 30 0 South Fourth Street Lqb Vegas. Nevada B9101-C026 [702) 3 8 6-4 20 2 MESSAGE FROM XEROX 7024: DATE: _ P-3 (7021 38 8- 1 65B TO: Konrad L. Calltaaux, Esq. FROM: CLIENT/MATTER: Nevada Power CLIENT/MATTER NO.: 11927. 2 DOCUMENT(S) DESCRIPTION: a t FAX ff: PHONE MF: (2121 3 1 0-8 51 6 (212) 310-8904 Monsanto! at al. NUMBER OF PAGES (Including cover pogo): MESSAGE: 1 TMtt TELQCOPY I* irbfn*D IMLY roMTHHAOOREMtf HAMCD AAOVI. rT MAY CONTAIN ^FORMATION tH A t M FTOVlLCOEO ANO OONFIOVNTIA . IF VOU HAVE RECEIVtft THE TCUCOPV IN ETOR. N >**C PIOW T U IMMQMATLY BY1 YSLVPMONfe. Dsornov a l l qop*m , MNKS 9 0 NOT OIMCKUNAT* THE tNTOAMATION TO ANYOME. THANK YOU FOB YOUit AUltTANCC. ] IP YOU EXPERIENCE PROBLEMS WITH THIS TRANSMISSION, please call <702) 38G-422 end ask 'Tor: Randy Andrelnl, Ext. G1 5 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 ARVIN MASKIN 7-14-83 2 :49PM 1 `51" 4/ 4 EC COMPLETED 9600 TOTAL 0*01'SI" 4 NOTE: No. OPERATION NUMBER 48 4800BPS SELECTED EC ERROR CORRECT C2 G2 COMMUNICATION PD POLLED BY REMOTE SF STORE & FORWARD R 1 RELAY INITIATE RS RELAY STATION MB SEND TO MAILBOX PG POLLING A REMOTE MP MULTI-POLLING RM RECEIVE TO MEMORY i fc 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: f702i 385-1655 7DATE: -7 Y / f 3 TO: Peggy A. Leen, Esq. FAX # : (702) 366-0327 PHONE # : (702) 366-0622 FROM: C L IE N T /M A T T E R : Nevada Power v. Monsanto, et al. C LIENT/M ATTER NO.: 11927.2 DOCUMENT(S) DESCRIPTION: NUMBER OF PAGES (including cover page): MESSAGE: THIS TELECOPY ISINTENDED ONLY FOR THE ADDRESSEE NAMED ABOVE. TT MAY CONTAIN INFORMATION THAT IS PRIVILEGEDAND CONFIDENTIAL FYOU HAVE RECEIVEDTHETELECOPYINERROR, PLEASENOTIFYUS IMMEDIATELY BYTELEPHONE, DESTROY ALLCOPIES,AND DO NOT DISSEMINATETHE INFORMATIONTO ANYONE. THANK YOU FOR YOUR ASSISTANCE. IF YOU EXPERIENCE PROBLEMS WITH THIS TRANSMISSION, please call (702) 385-4202 and ask for: Robert Osterloh, Ext. 615 MESSAGE FROM XEROX 7024: c r Q g> a a a - i B B B DATE: TO: Peggy A. Leen, Esq. FAX 4^: (702) 366-0327 PROM: PHONE y-: (702) 366-0622 CU ENT/M A TTER: Nevada Power v. Monsanto, at al. CLIENT/M ATTER NO.: 11827.2 DOCUMENT(S) DESCRIPTION: n u m b e r OF PAOES (Including cover page): THOTCLEC50PV IMmDE <OMYFORTtE! IF YOU EXPERIENCE PROBLEMS WITH THIS TRANSMISSION, please call (702) 3B5-4202 and ask for: Robert Osterloh, Ext. 615 TRANSMISSION REPORT THIS DOCUMENT WAS CONFIRMED (REDUCED SAMPLE ABOVE - SEE DETAILS BELOW) ** COUNT ** TOTAL PAGES SCANNED : 4 TOTAL PAGES CONFIRMED : 4 *** SEND *** Nu. REMOTE STATION j START TIME DURATION #PAGES MODE RESULTS 1 PEGGY LEEn I 7-14-83 2:55PM __________ L 1 '59" 4/ 4 EC NOTE: No. OPERATION NUMBER 48 PD POLLED BY REMOTE SF MB SEND TO MAILBOX PG TOTAL 0=01`59" 4 4800BPS SELECTED EC STORE & FORWARD RI POLLING A REMOTE MP ERROR CORRECT RELAY INITIATE MULTI-POLLING COMPLETED 9600 G2 G2 COMMUNICATION RS RELAY STATION RM RECEIVE TO MEMORY