20080915 Ver 1_SC v NC Cancellation_20110202

FW: SC v. NC cancellation of litigation hold Page 1 of 1
FW: SC v. NC cancellation of litigation hold
Dorney, John
Sent: Wednesday, February 02, 20114:30 PM
To: Strickland, Bev
Attachments: 2011-02-02 Memo from Mary -1.pdf (213 KB)
Fyi. This should go into the Catawba FERC file (Duke Energy). See me to figure out the project number. thankx
From: Warren, Beth [mailto:[e-mail]]
Sent: Wednesday, February 02, 20112:13 PM
To: Fransen, Tom; Rayne, Don; Reed, Steven; Theobald, Charles; Sarwar, Neelufa; Peele, Linwood; Yonts, Woody;
Reeder, Tom; [e-mail]; Young, Sarah; Mead, Jim; Dorney, John; Vander Bergh, Mark; Owen,
Debra; Quidley, Harold; Frost, Larry; Sullins, Coleen; Setzer, Britt; Hahn, Mark; Thompson, Mary P.; Oakley, Dan;
Mcgee, Melba; Kees, Diana; Smith, Robin; Baggett, Chrys C; Goudreau, Chris J.; Linville, Ron;
[e-mail]; Collier, Olivia A; Cox, Vernon; Stallings, Hannah; Boykin, Julie;
[e-mail]; Clark, Alan R; Clark, Alan; Bush, Ted; Rawls, Paul; Pierce, Terry; Godreau, Jessica;
Williams, Jonathan; [e-mail]; Aaron, James; Abraham, Joju; Adams, Jim; Allen, Trent; Allocco,
Marcia; Barbee, Kimberly; Barber, Jim; Barnett, Kevin; Barnhardt, Art; Basinger, Corey; Beaty, Steven; Behm,
Pamela; Bell, Wes; Besler, Doug A.; Black, Deirdre; Boone, Ron; Bou-ghazale, Samar; Boyd, Tom; Browder, Dee;
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Crew, Bill; Crouch, William; Davidson, Landon; Deberardinis, Jeff; Denard, Derek; Dennison, Laurie; Diuguid, Bill;
Dorsey, Lawrence G; Edwards, Roger; Emory, James; Euliss, Amy; Everett, Jennifer; Ewing, Todd D.; Faerber,
Matthew; Finley, Peggy; Fisher, Jim; Fleahman, Matthew; Fleek, Eric; Fowlkes, Mark D; Frazier, Wanda; Garoma,
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Hardee, Ed; Heise, Ryan J.; Henshaw, Julie; Henson, Belinda; Hill, Tammy; Hodges, Kinnon B; Howell, Douglas L;
Holland, Victor; Homewood, Sue; Honeycutt, Tony; Hudson, Gary; Iverson, John; Jones, Jennifer L.; Jones,
Jennifer; Joshi, J.R.; Karoly, Cyndi; Kebede, Adugna; Knight, Sherri; Knox, Wade; Kountis, Elizabeth; Krebs, Rob;
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Polly; Lopez, Dale; Lowther, Brian; MacPherson, Patricia F; Maher, Niki; Manning, Jeff A.; Manning, Jeff; Mauney,
Steve; Mccall, Ray; Mccray, John; Mcdaniel, Chonticha; Mcmillan, Ian; Mcnutt, Cam; Menzel, Jeff; Merritt, Katie;
Mickey, Mike; Mir, Danielle; Moore, Sandra; Orbon, Mike; Painter, Andy; Parker, Michael; Parker, Michael,a;
Patterson, Robert; Pickle, Ken; Pitner, Andrew; Price, Don; Pruitt, Rose; Qi, Qu; Rajbhandari, Narayan; Randall,
Mike; Rash, Jacob M.; Reid, Dianne; Risgaard, Jon; Rogers, Mike; Savage, Rick; Schneier, Joan; Shields, Joel;
Sifford, Barbara; Simonson, Michelle; Slusser, Thomas; Smith, George; Spell, Laura; Spencer, Lee; Stallings,
Hannah; Stecker, Kathy; Stokes, Marc; Strickland, Bev; Strickland, Danny; Sullivan, Shelton;
[e-mail]; Thomas, Lois; Thornburg, Nathaniel; Todd, Bill; Tracy, Bryn; Trumbower, Kurt; Tutwiler,
Michael; Ventaloro, Julie; Wainwright, David; Walters, Michael; Wang, Shuying; Wanucha, Dave; Watts, Debra;
Weaver, Adriene; Wessner, Alice; Whitaker, Sam; White, Hughie; White, Sue; Williams, David; Wrenn, Brian;
Yocum, Tom; Meacham, Sarah
Cc: Hauser, Jennie; Bernstein, Marc; Lucasse, Mary; Gulick, James
Subject: SC v. NC cancellation of litigation hold
Please read the attached memo from Mary Lucasse.
Beth Warren, N.C. Certified Paralegal
NC DOJ, Attorney General's Office
Environmental Division
P.O. Box 629
Raleigh, NC 27602
[phone]
fax [phone]
https://mail.nc.gov/owa/?ae-Item&t=IPM.Note&id=RgAAAAAAOgPoLNIPQZ06vHVRO... 2/3/2011
a
STATE OF NORTH CAROLINA
DEPARTMENT OF JUSTICE
ROY COOPER 11.0. Box 629 REPLY TO: MAR)' 1,. LUCASS1,
ATTORNEY GENERAL RALEIGH, NC 27602 ENS IRONM E:c1At, Dn islo',
Trj,: [phone]
PAX: [phone]
MIUCasse @ucdoi.gov
MEMORANDUM
To: All Staff of State Agencies who provided documents for South Carolina u. North
Carolina, Original No. 138
Fr.: Mary L. Lucasse, SpeA e uty Attorney General
cc: Marc D. Bernstein, Special Deputy Attorney General
Jennie W. Hauser, Special Deputy Attorney General
Date: February 2, 2011
Re: Cancellation of Litigation Hold for Documents Relating to South Carolina u. North
Carolina, No. 138 Original filed in the Supreme Court of the United States on June 7,
2007 and Protect the Catawba Coalition et al. u. EMC, 07 EHR 0476 and 0489 filed in
the Office of Admin. Hearings on March 26, 2007
In December 2010 South Carolina u. North Carolina, Original No. 138 was settled and
the Bill of Complaint filed by South Carolina in the Supreme Court of the United States was
dismissed. In addition, the above referenced administrative cases No. 0476 and No. 0489 have
been resolved. I am pleased to report that the settlement resulted in a fair and positive outcome
for North Carolina. The lawsuit was dismissed without entry of any order against North
Carolina. Furthermore, the Settlement Agreement's substantive terms are fully consonant with
existing North Carolina law and South Carolina has agreed to strengthen its interbasin transfer
statute as a result of the litigation. Given the conclusion of the litigation, I am writing to inform
you that it is no longer necessary to preserve and maintain documents pursuant to the litigation
hold requested in the memorandum sent to the staff of various State Agencies by Jennie Hauser
and/or Marc Bernstein of this office during 2008. I have attached a copy of this directive for
your reference (marked cancelled). From this date forward, please manage your
documents according to your usual records retention policies, procedures, and
practices.
Since initiating the litigation hold in 2oo8, our office collected relevant electronic and
paper documents from over 200 state employees. Our defense of the State of North Carolina in
the litigation was made easier because of the information retained and preserved by the
custodians. Thank you for your ongoing help and cooperation during the litigation. If you have
any questions about this memorandum call me at 716-6962.
Attorney-Client Communication
Attorney Work-Product / Trial Preparation Materials
Privileged and Confidential
NOT A PUBLIC RECORD
MEMORANDUM
To: Staff of State Agencies Receiving this Document
From: Jennie Wilhelm Hauser, Special Deputy Attorney General
Date: October 16, 2008
?O
IF
Re: Preservation of Documents re South Carolina v. North CarolifNS38
Original (U.S. Supreme Court filed 7 June 2007) .(
This memorandum is to advise you of the legal duty to r e
e documents, both
paper and electronic, regarding the Catawba River Basin, he a aver Basin, and the
Yadkin River basin because this information is potenti J c to the Catawba River
Supreme Court litigation. The memo also provides i on regarding the required
preservation of documents. UNDER NO CIRC ES should you implement
any DENR CLEANUP DAY ACTIVITIES rel to se documents without specific
guidance from our office.
While this case is pending, the
be relevant to the subject matter of the
at the end of this memorandum for
to what documents need to be pre
that do not fit in any categopXtl(a,
3 to maintain documents that may
;s of relevant documents are listed
This list should be used as a guide
iut there may be documents in your possession
relevant and must be preserved.
The duty to er%documents extends to all documents within the State's
documents ncluding all e-mails) that you have received that may be relevant.
J
ument retention requirements along with you, we fully understand that this
VNN-O
s will create some inconvenience.
PLEASE MAKE SURE THAT EACH OF YOUR STAFF MEMBERS KNOW
• ??
F THE LEGAL DUTY TO PRESERVE DOCUMENTS FOR THIS LITIGATION.
custody and contr i 'ng electronic documents such as e-mail and other electronic
files, including tho utine backup tapes. This includes all drafts and notes as well
as final docu t
d his also includes not only documents that you have created, but all
Therefore an routine deletion or destruction of documents under your normal
record tion policies or practices must be modified to preserve relevant
docu as discussed below. As the Department of Justice will also be subject to
Attorney-Client Communication
Attorney Work-Product /Trial Preparation Materials
Privileged and Confidential
NOT A PUBLIC RECORD
Paper Documents
At some time in the future, the Department of Justice may collect all relevant
documents from your files. Until that time, however, it will be your responsibility to O
maintain these documents. Thus, do not discard or destroy any paper document that is
relevant to the categories below or otherwise relevant to the litigation until further
notice. Also, if you are planning to move a significant amount of relevant documel
archives, please let us know. ?`
Electronic Documents ??
For electronic documents, you need to take reasonable mess t ensure that
relevant documents are secure and are not deleted. We ask th?a
qh:
implement the
following measures: x
E-mail:
Each individual who may send or receive relev ails should:
- Create a new folder to hold onl 'Is or copies of e-mails) that are
relevant to this case. Yo 1 example, create a new folder called
"All SC v. NC Mail."
n.
- Move or copy each e ?i e-mail (including e-mails that you authored
and sent) that falls r the scope of the categories below into the new
folder. Ens a-mails are reviewed in a timely manner so that
they are c piefc bbl the new folder, if necessary, before they are
Whe Wftg an e-mail that falls within one of the categories below,
Se ? opy the sent a-mail to the new folder to preserve its existence.
new folder must not be subject to an automatic deletion rule and
you should not manually delete any e-mail relevant to this case.
•
her electronic files (e.g., Word, Excel, Power Point, etc.):
Each individual who generates or receives relevant electronic documents should:
•
• ?(? - Maintain these relevant electronic files in your ordinary directories,
whether on a local or network drive.
\y) - Do not delete any files (including drafts and documents that you receive
via e-mail, ftp, etc) that fall into the categories below.
2
Attorney-Client Communication
Attorney Work-Product /Trial Preparation Materials
Privileged and Confidential
NOT A PUBLIC RECORD
- Create a new folder to hold only relevant files that you would otherwise
discard. You may, for example, create a new folder called "Saved SC v.
NC Files."
- If you would, in the normal course, delete a relevant electronic document, O
move that file instead to the new folder and maintain it there so that it can
be reviewed later if necessary.
Routine backups:
- Local and network drives should be backed up according t
ou standard
practices. t
•
- Do not delete routine backups of drives without co?ag with us first.
Please ensure that all employees in your office 3r may acquire relevant
documents are made aware of and implements thes ures. If you have any
questions about anything in this memorandum, feel fr ontact us at 716-6956 (Marc
Bernstein) or 716-6944 (Jennie Hauser). We thalko advance for your cooperation.
Relevant Document Categories ??
For your reference, here are the ries of documents that are subject to this
requirement: c 1
1. All records rcensing or relicensing of electric generating units
owned, operated, or contr led uke Power and located in the Catawba River Basin.
This includes any repA?L o r documents generated by you, as well as any records of
meetings, confere \c%I:Yite investigations, etc.
11ents that evidence or relate to any proposed, pending, or
allowed int ansfer pursuant to G.S. 143-215.22I within the Catawba River Basin,
regardless of er a petition has been received for such transfer, and for any other
transfer 90ter within the Catawba River Basin.
•
Q All documents relating to development of regulations or policies designed
ement the Interbasin Transfer Statute, the Clean Water Act as it relates to benthic
riverine aquatic ecology, or the Drought Rules. Such documents should include, but
• t be limited to, any technical studies developed to support the adoption of such
'S %J • N gulations or policies. For regulations, please preserve all documents related to the
L development of such regulations from pre-concept to final regulation, regardless of
\'/, whether the regulation was ultimately promulgated.
Attorney-Client Communication
Attorney Work-Product / Trial Preparation Materials
Privileaed and Confidential
NOT A PUBLIC RECORD
4. All documents broadly describing programs to manage water resources, to
manage water quality for aquatic ecology, and to mitigate the effects of drought in the
Catawba River Basin, the Broad River Basin, and the Yadkin River Basin.
Or
5. All documents relating to the pending consolidated contested cases
regarding the IBT Certificate granted to Concord and Kannapolis, 07 EHR 0476 and
0480. A ?
6. All documents relating to the development, prom ulgatio % 4rdt
implementation of the Drought Rules. This includes, but is not limited to studies
supporting such rules and any documents generated regarding the d?*lopMem and
implementation of the rules.
7. All documents relating to the Interbasin Transfer st tt including, but not
limited to the legislative history, all studies and docume nerated related to
proceedings under the statute, including records of me it interested parties, any
correspondence with interested parties, any reports genr received pursuant to the
Q,e
Act, notes, letters, e-mails or other documentation ref g or implementing the Act,
etc. '`
8. All documents and studi
any aspect of the Catawba River or the
the Yadkin River Basin in North Carolir
pions with South Carolina regarding
fiver Basin, the Broad River Basin or
Carolina.
9. All documents re ?To any coalitions, agreements, arrangements,
covenants, treaties, or pacts o entered into with other parties relating to studies
concerning the Catawba Ri er o e Catawba River Basin, the Broad River Basin or the
Yadkin River Basin.
10. All is relating to any studies concerning water quality in the
Catawba Riveo r e tawba River Basin, the Broad River Basin or the Yadkin River
Ba. sr
documents relating to any studies concerning development in the
er or the Catawba River Basin, including water transfers of any quantity to
development.
v
12. All documents relating to any water transfers of any quantity in the
• River Basin.
13. All documents relating to water transfers and their relation to health
\y, impacts and natural resource and environmental damages in the Catawba River Basin, the
Broad River Basin or the Yadkin River Basin.
4
Attorney-Client Communication
Attorney Work-Product / Trial Preparation Materials
Privileged and Confidential
NOT A PUBLIC RECORD
14. All documents relating to South Carolina's historic and current use of the
Catawba River and the Catawba River Basin and any problems experienced by South
Carolina regarding the Catawba River. A
15. All documents that evidence the effect that Duke Energy's regulation of O r
flow of the Catawba River in North Carolina has on the outflow of the Catawba River
from North Carolina to South Carolina.
16. All documents that evidence South Carolina's statements A w
regarding water quantity, water quality, or drought regimes for the CatawbaJ? he
Catawba Basin. y
17. All documents that evidence South Carolina's
and the Catawba Basin for industrial and other economic
18. All documents relating to any assessmi
natural resource damages created by water quantity or
transfers in the Catawba River Basin, the Broad River(
19. All documentation and/or cost
be suffered by North Carolina if it were
the Catawba River or the Catawba River
V
Catawba River
yrnentation, or studies of
uality effects of interbasin
the Yadkin River Basin.
is relating to damage that would
allowing transfers of water from
20. All notes, recorded st lents, transcribed statements, and other
Broad River Basi t e dkin River Basin.
n,?r O\y
documents, including but not 1' ? to e-mails, memoranda, and calendar entries,
regarding statements or pre given or made by any present or former employees
relating to the manageme of r resources, management of water quality, and efforts
to mitigate the effect dr for the Catawba River and the Catawba River Basin, the
?y