Free Motion for Leave to File - District Court of Delaware - Delaware

Case 1:04-cv-01282-JJF Document 119-3 Filed O4/19/2006 Page 1 of 3
Tab A

Case 1:04-cv-01282-JJF Document 119-3 Filed O4/19/2006 Page 2 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
W-_
AES PUERTO RICO, L.P., )
Plaintiff; i
v. ) Civ. No. O4-1282-JJF
ALSLTOM POWER, INC., i
Defendant. i

DECLARATION OF GEANNETTE M. SIBERON
I, Geannette M. Siberon, do hereby declare as follows:
1. I am an employee of AES Puerto Rico, L.P. ("AES-PR") and am responsible for
Environmental Compliance. I have served in this position since joining AES-PR on March 28,
2005. What follows is based on my personal knowledge and a review of AES—PR’s files except
as otherwise noted.
2. In early January 2006, I met with Maria Torres, who was coordinating collection
of paper documents for this lawsuit, and an attorney for AES-PR to confirm whether I had
provided all the necessary documents for production to ALSTOM. We looked through all of the
documents in my office. During that process, we identified a set of quarterly reports to the EPA
transmitting information relating to air emissions that had not previously been tumed over to I
ALSTOM.
3. I designated these quarterly EPA reports as documents to be copied for
ALSTOM. However, this week I discovered that, due to a miscommunication between Ms.
Torres and myself, the quarterly reports accidentally were lef`t out of the materials taken from my
office to be copied for ALSTOM.
4. I first discovered this oversight earlier this week when I was asked to re—confirm
that three specific EPA quarterly reports were among the documents that we provided to

Case 1:04-cv-01282-JJF Document 119-3 Filed O4/19/2006 Page 3 of 3
ALSTOM for copying. During that review, I discovered that the quarterly reports had not been
included in the materials.
5. I reviewed the quarterly reports to see which reports we have. I determined that
we have copies of the reports we sent to the EPA for all quarters from the fourth quarter of 2002
through the fourth quarter of 2005 except for the fourth quarter of 2003 and the first quarter of
2005. I searched for a copy of the fourth quarter 2003 report but was not able to locate it. I
understand that AES-PR never retained a copy of the first quarter 2005 report.
6. On Monday, April 17, 2006, copies of the quarterly reports that we have were
gathered and sent to AES—PR’s lawyers’ office in Washington, D.C. AES—PR now has provided
to the lawyers all of the quarterly EPA reports that it is able to locate.
I declare under penalty of perjury that the foregoing is true and correct. Executed
this 18th day of April, 2006.
'/P
Geannette M. Siberon _—
2