Free Response to Motion - District Court of Delaware - Delaware

Case 1:04-cv-01282-JJF Document 81-2 Filed O3/13/2006 Page1 of 4

Case 1 :04-cv-01282-JJF Document 81-2 Filed 03/13/2006 Page 2 of 4
From: Al Dyer [/O=TI-IE AES CORPORATION/OU=FHlST ADMINISTRATIVE
GROUP/CN=RECIPIENTS/CN=AL.DYER]
Sent: Wednesday, September 29, 2004 1:52 PM
T0: Puerto Rico Leaders
Cc: Ron McParland; Ernest Pagaduan, Maria Torres, Bill Vela; Paul Stinson; Nicolas Cubillos S.;
Williams, Daniel, Brian Thompson, Gonzalo Pacanins; Hector Marquez, Lillian Alicea; Doug Tomlin,
Gary Bates; Williams, Daniel
Subject: Preservation of Documents for Alstom Boiler Lawsuit
M E M O R A N D U M
TO; AES—PR People
FROM: Al Dyer
DATE: September 29th, 2004
RE: Preservation of Documents for Alstom Boiler Lawsuit
As you may be aware, last week AES Puerto Rico, L.P. sued Alstom Power, Inc. in federal court in
Delaware. The lawsuit seeks payment from Alstom with respect to warranty claims relating to
electrostatic precipitator ("ESP") corrosion and for additional handcuffs on the fluidized bed heat
exchangers ("FBHEs").
As part of this lawsuit, in the near future, our attomeys will be collecting documents relating to these
two warranty claims. In the meantime, it is essential that all documents relating in any way to the
electrostatic precipitator corrosion and the additional FBI-IE handcuffs be retained and not be destroyed.
This includes both electronic documents such as e-mails, word processing files, spreadsheets and
databases as well as paper documents including originals, drafts, handwritten notes and duplicates.
These documents must not be discarded, destroyed, erased, purged, or deleted. All versions of every
document must be retained, even if they are copies.
Types of documents that must be retained include all documents relating in any way to the following:
FBHE Handcuffs;
; Documents discussing any FBHE tube failures
AESPR 007242

Case 1 :04-cv-01282-JJF Document 81-2 Filed 03/13/2006 Page 3 of 4
- Documents describing efforts to correct the tube failures
— Documents analyzing the causes of any tube failures
- Documents describing the performance of the FBHE handcuffs, including but not limited
to documents discussing broken handcuffs and movement of the handcuffs
- Documents showing the control set point for the fluidizing airflow on the FBHEs
- Documents conceming ash plugging in the fluidizing air header manifold
— Documents analyzing the handcuff configurations on the plant’s FBHEs and on FBHEs
in other plants
- Documents describing the repair, replacement, and addition of handcuffs in the FBI-lEs
- Documents relating in any way to the AES Puerto Rico’s warranty claim concerning the
FBHE handcuffs
ESP Corrosion:
; Documents describing corrosion to the ESP collecting plates, rigidtrodes, and other
components of the ESPs
- Documents analyzing the causes of any such corrosion
— Documents analyzing the content of the flue gas entering the CDS and the ESP
- Documents reflecting the air temperature settings in the circulating dry scrubbers
((LCDS7$)’
- Documents reflecting opacity measurements for the gas exiting the stack
- Documents analyzing the water quality of the water injected into the CDS
— Documents describing the decision to install, and the installation ofQ the reverse osmosis
system to treat the PRASA water
- Documents relating to any communications with Alstom or Environmental Elements
Corp. concerning the ESP corrosion, the operation of the CDS, replacement parts for the
ESP, and the need to install the reverse osmosis system
- Documents relating in any way to AES Puerto Rico’s warranty claim concerning the
FBHE handcuffs
The lists above are illustrative, and documents relating to the FBHE and ESP warranty claims should be
within the listed categories. When in doubt, documents should be
retained. Should you have any questions about the above, please do not hesitate to contact me directly
AESPR 007243

Case 1 :04-cv-01282-JJ F Document 81-2 Filed 03/13/2006 Page 4 of 4
about it.
)4[®yer
E Puerto Rico
(787) 866 8117 x 233
CONFIDENTIALITYZ This e-mail and any nttxrlunents are conlldentlal and may be prlvlleged. Ifyau are not a named reclplent, please notlfy the sender lmmedhlely
und do not disclose the contents te another person, use it hr any purpose or store or copy the information ln any medium. Without Prejudice.
AESP R 007244