Free Subpoena - District Court of Delaware - Delaware

Case 1 :04-cv-01282-JJF Document 38-2 Filed 10/21/2005 Page 1 of 4
ATTACHMENT A
l DEFINITIONS AND INSTRUCTIONS
(a) The term "document" is defined to be synonymous in meaning and
equal in scope to the usage of this term in Federal Rule of Civil Procedure 34(a). A
draft or non-identical copy is a separate document within the meaning of this term.
(b) The term "concerning" means relating to, referring to, describing,
evidencing, or constituting.
{c) Documents "sufiicient to identify" a person provide any or all of the
following: name, occupation, title, present home address and telephone number,
present work address and telephone number, past home and work addresses and
telephone numbers, and all present and past e—mail addresses.
(d) The term "communication" means the transmittal of information (in
the form of facts, ideas, inquiries, or otherwise).
tc) The terms "you" or "your" mean Dennis M. Foley and/or APC
Consulting, its officers, employees, and any agents acting on its behalf.
(f) The term "AES-PR" means AES Puerto Rico, L.P., its officers,
employees, and any agents acting on its behalf.
(g) The term "ALSTOM" means ALSTOM Power lnc., Combustion
Engineering Systems, Combustion Engineering, Inc., any predecessor or successor
corporations of these corporations, any officers or employees of these corporations,
and any agents acting on behalf of these corporations.
(h) The term "D/FD" means Duke/Fluor Daniel Caribbean, S.E., its
officers, employees, and any agents acting on its behalf.

Case 1:04-cv-01282-JJF Document 38-2 Filed 10/21/2005 Page 2 of 4
(i) The term “Plant" means AES-PR‘s power plant located in Guayama,
Puerto Rico,
(j) The term "ESP" means electrostatic precipitators, including but not
limited to circulating dry scrubbers associated with the precipitators.
(k) The terms "al1" and "each" shall be construed as all and each.
(l) The connectives “and" and "or" shall be construed either disjunctively
or conjunctively as necessary to bring within the scope of the discovery request all
responses that might otherwise be construed to be outside the scope.
(m) These requests are continuing in character. You are thus required to
produce for inspection and copying any documents not previously produced that you
may from time to time obtain, locate, identify, or acquire the ability to produce,
(11) Should you make a claim that a requested document is not subject to
discovery by reason of privilege or the work product doctrine, you are required to
identify sparately each document for which such a privilege or doctrine is claimed,
together with the following information:
(1) the date of, or appearing on, the document;
(2) the document's author(s);
(3) the addressee(s) andfor recipient(s) ofthe document, if any;
(4) a description of the document, including its title, if any, as well
as the type of document (for example, handwritten note);
. 2 .

Case 1 :04-cv-01282-JJF Document 38-2 Filed 10/21 /2005 Page 3 of 4
(5) a description of the contents and/or subject matter of the
document; and
(6) the privilege or doctrine claimed.
DOCUMENT REQUESTS
REQUEST NO. l
Documents sufficient to identify all employees at APC Consulting who
worked in any way on the effort to analyze the causes of corrosion of the Plant's
ESP collecting plates, rigidtrodes, or other components of the ESP.
REQUEST NO. 2
All documents concerning corrosion of the Plant's ESP collecting plates,
rigidtrodes, or other components of the ESP, including but not limited to analyses of
the cause of such corrosion.
REQUEST NO. 3
All documents referring or relating to any actual or potential warranty claim
by AES-PR, ALSTOM, or DIFD with respect to the Plant's ESP or other pollution-
control equipment.
REQUEST NO. 4
All documents discussing the design ofthe ESP, including but not limited to
the ESP collecting plates, rigitrodes, or other components of the ESP.
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Case 1:04-cv-01282-JJF Document 38-2 Filed 10/21/2005 Page 4 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
)
AES PUERTO RICO, L.P., )
)
Plaintiff, )
v. ) Civ. No. 04-1282—.IJF
)
ALSTOM POWER, INC., )
)
Defendant. )

NOTICE OF SERVICE
I hereby certify that on this date, I electronically tiled the foregoing document with the
Clerk of the Court using CM/'ECF which will send notification of such t1ling(s) to the following:
Richard R. Wier, Jr.
Daniel W. Scialpi
1220 Market Street, Suite 600
Wilmington, DE 19801
In addition, I certify that the following attorneys were served with the document by
facsimile at the number shown:
Anthony F. Vittoria
James E. Edwards
Ober Kaler, Grimes & Schriner
Fax: (410) 547-0699
Respectfully submitted,
fsf John S. Spadaro
John S. Spadaro, No. 3155
MURPHY SPADARO & LANDON
1011 Centre Road, Suite 210
Wilmington, DE 19805
Tel. (302) 4112-8100
Fax (302) 472-8135
Dated: October 21, 2005 Attomeys for AES Puerto Rico, L.P.
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