State of North Carolina v. Duke Energy - Defendants' Expert Witness Disclosures

Strickland, Bev
From: Merritt, Emma C. <[e-mail]>
Sent: Thursday, June 30, 2016 7:39 PM
To: [e-mail]; [e-mail]; [e-mail]; [e-mail];
[e-mail]; [e-mail]; [e-mail]; [e-mail];
LeVeaux, Anita; McLain, Carolyn; Bircher, Amy; Benzoni, Francisco; Davis, Hill;
[e-mail]
Cc: Long, Nash; Rosser, Brent; Romanzo, Melissa A.; Podolny, Meghan A.; Fraser, Janis
Subject: State of North Carolina v. Duke Energy - Defendants' Expert Witness Disclosures
Attachments: Duke -Multi -Site (Wake and Meck) - Letter to SELC and DOJ enclosing Defendants'
Expert Witness Disclosures_61242574_2-c.PDF; Duke_Multi-Site (Wake and
Mecklenburg) - Duke Energy's Expert Disclosures_61141887_6-c.PDF
Counsel
Please find attached a cover letter and Duke's expert witness disclosures. Expert reports are being emailed to you via
FTP site; each of you should be receiving 2 separate emails including the link and password to access the reports this
evening. Please note that the FTP site will expire after 14 days.
Due to the size of the documents, we do not plan to send hard copies of the Disclosures or reports. However, if you
would like to receive hard copies, please just let me know and we would be glad to send them.
Please let me know if you have any problems accessing the documents.
Thank you,
Emma
HL1N'TON Emma Merritt
WZLLIAMS Associate
[e-mail]
p 704.378.4725
Hunton & Williams LLP
Bank of America Plaza, St 3500
101 South Tryon St
Charlotte, NC 28280
hunton.com

June 30, 2016
Via Email
Frank S. Holleman, III
Nicholas S. Torrey
John Suttles
Myra Blake
Leslie Griffith
Southern Environmental Law Center
601 West Rosemary Street, Suite 220
Chapel Hill, NC 27516-2356
[e-mail]
[e-mail]
[e-mail]
[e-mail]
Anita LeVeaux
Carolyn McLain
Amy Bircher
Francisco Benzoni
T. Hill Davis
NC Department of Justice
Environmental Division
Post Office Box 629
Raleigh, NC 27602-0629
[e-mail]
[e-mail]
[e-mail]
[e-mail]
[e-mail]
HUNTON & WILLIAMS LLP
BANK OF AMERICA PLAZA
SUITE 3500
101 SOUTH TRYON STREET
CHARLOTTE, NC 28280
TEL 704.378 •4700
FAX 704.378 •4890
EMMA C. MERRITT
DIRECT DIAL: 704 •378 •4700
EMAIL: [e-mail]
Austin D. Gerken, Jr.
Amelia Y. Burnette
Patrick J. Hunter
Thomas Lodwick
Southern Environmental Law Center
22 S. Pack Square, Suite 700
Asheville, NC 28801
[e-mail]
[e-mail]
[e-mail]
[e-mail]
Re: State of North Carolina ex rel. North Carolina Department of Environmental
Quality v. Duke Energy Carolinas, LLC
Mecklenburg Co. File No. 13-cvs-14661
ATLANTA AUSTIN BANGKOK BEIJING BRUSSELS CHARLOTTE DALLAS HOUSTON LONDON LOSANGELES
McLEAN MIAMI NEW YORK NORFOLK RALEIGH RICHMOND SAN FRANCISCO TOKYO WASHINGTON
www.hunton.com

Counsel for Plaintiff and Plaintiff -Intervenors
June 30, 2016
Page 2
State of North Carolina ex rel. North Carolina Department of Environmental
Quality v. Duke Energy Progress, LLC
Wake Co. File No. 13-cvs-11032
Dear Counsel:
Please find attached Defendants' Expert Witness Disclosures in connection with the
above -referenced cases. Additionally, we are sending you the following expert reports via FTP
site:
• Expert Report of Remy J.-C. Hennet (Allen Steam Station)
• Expert Report of Remy J.-C. Hennet (Buck Steam Station)
• Expert Report of Remy J.-C. Hennet (Cliffside Steam Station)
• Expert Report of Remy J.-C. Hennet (Mayo Steam Station)
• Expert Report of Charles B. Andrews (Allen Steam Station)
• Expert Report of Charles B. Andrews (Buck Steam Station)
• Expert Report of Lisa J.N. Bradley (Allen, Buck, Cliffside, Mayo)
• Expert Report of Joseph P. Nicolette (Allen, Buck, Cliffside, Mayo)
Each of you will receive an email with instructions to access the reports and a separate
email containing a password. Please note that the FileShare site will expire after 14 days.
In light of the large file size of these documents, we are only serving them by email at
this time. If you would like to receive hard copies, please let us know and we will provide them.
Sincerely yours,
Is/Emma C. Merritt

STATE OF NORTH CAROLINA
COUNTY OF WAKE
it Action No. 13-CVS-11032
TATE OF NORTH CAROLINA ex rel. NORTH
AROLINA DEPARTMENT OF
NVIRONMENTAL QUALITY,
Plaintiff,
and
:OANOKE RIVER BASIN ASSOCIATION,
IERRA CLUB, WATERKEEPER ALLIANCE,
'APE FEAR RIVER WATCH, INC., SOUND
IVERS, INC., and WINYAH RIVERS
OUNDATION,
Plaintiff -Intervenors,
V.
UKE ENERGY PROGRESS, LLC,
STATE OF NORTH CAROLINA
COUNTY OF MECKLENBURG
ivil Action No. 13-CVS-14461
TATE OF NORTH CAROLINA ex rel.
f ORTH CAROLINA DEPARTMENT OF
NVIRONMENTAL QUALITY,
Plaintiff,
and
ATAWBA RIVERKEEPER FOUNDATION,
1C., WATERKEEPER ALLIANCE,
IOUNTAINTRUE, APPALACHIAN VOICES,
ADKIN RIVERKEEPER, INC., DAN RIVER
ASIN ASSOCIATION, AND SOUTHERN
LLIANCE FOR CLEAN ENERGY,
Plaintiff -Intervenors,
V.
UKE ENERGY CAROLINAS, LLC,
ndant.
IN THE GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION
IN THE GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION

DEFENDANTS' EXPERT WITNESS DISCLOSURES
Defendants Duke Energy Progress, LLC, and Duke Energy Carolinas, LLC (collectively,
"Duke Energy"), by counsel, provide the following expert witness disclosures pursuant to N.C.
R. Civ. P. 26(b)(4) and the Order Amending Final Case Management Order filed April 5, 2016,
for the above -captioned matters. At this time, Duke Energy intends to call the following expert
witnesses to testify in the above -captioned matter:
1. Dr. Charles E. Andrews, Ph.D.
Senior Principal
S.S. Papadopulos & Associates, Inc.
7944 Wisconsin Avenue
Bethesda, Maryland 20814-3620
[phone]
[e-mail]
Dr. Andrews' Reports, which Duke Energy serves with these disclosures, include: (a) a
complete statement of all opinions Dr. Andrews will express and the basis and reasons for them;
(b) the facts or data considered by Dr. Andrews in forming his opinions; (c) any exhibits that will
be used to summarize or support Dr. Andrews' opinions; (d) Dr. Andrews' qualifications,
including a list of all publications authored by him in the previous ten years; (e) a list of all other
cases in which, during the previous four years, Dr. Andrews testified as an expert at trial or by
deposition; and (f) a statement regarding Dr. Andrews' compensation for his study and testimony
in this matter.
2

2. Dr. Remy J-C Hennet, Ph.D.
Geochemist
S.S. Papadopulos & Associates, Inc.
7944 Wisconsin Avenue
Bethesda, Maryland 20814-3620
[phone]
[e-mail]
Dr. Hennet's Reports, which Duke Energy serves with these disclosures, include: (a) a
complete statement of all opinions Dr. Hennet will express and the basis and reasons for them;
(b) the facts or data considered by Dr. Hennet in forming his opinions; (c) any exhibits that will
be used to summarize or support Dr. Hennet's opinions; (d) Dr. Hennet's qualifications,
including a list of all publications authored by him in the previous ten years; (e) a list of all other
cases in which, during the previous four years, Dr. Hennet testified as an expert at trial or by
deposition; and (f) a statement regarding Dr. Hennet's compensation for his study and testimony
in this matter.
3. Joseph Nicolette
Senior Principal
Environmental Planning Specialists
1050 Crown Pointe Parkway, Suite 550
Atlanta, Georgia 30338-7726
[phone]
[e-mail]
Mr. Nicolette's Report, which Duke Energy serves with these disclosures, includes: (a) a
complete statement of all opinions Mr. Nicolette will express and the basis and reasons for them;
(b) the facts or data considered by Mr. Nicolette in forming his opinions; (c) any exhibits that
will be used to summarize or support Mr. Nicolette's opinions; (d) Mr. Nicolette's qualifications,
including a list of all publications authored by him in the previous ten years; (e) a list of all other
cases in which, during the previous four years, Mr. Nicolette testified as an expert at trial or by
3

deposition; and (f) a statement regarding Mr. Nicolette's compensation for his study and
testimony in this matter.
4. Dr. Lisa J.N. Bradley, Ph.D.
Vice President & Senior Toxicologist
Haley & Aldrich, Inc.
360 Quaker Street
Northbridge, Massachusetts 01534-1313
[e-mail]
Dr. Bradley's Report, which Duke Energy serves with these disclosures, includes: (a) a
complete statement of all opinions Dr. Bradley will express and the basis and reasons for them;
(b) the facts or data considered by Dr. Bradley in forming her opinions; (c) any exhibits that will
be used to summarize or support Dr. Bradley's opinions; (d) Dr. Bradley's qualifications,
including a list of all publications authored by her in the previous ten years; (e) a list of all other
cases in which, during the previous four years, Dr. Bradley testified as an expert at trial or by
deposition; and (f) a statement regarding Dr. Bradley's compensation for her study and testimony
in this matter.
5. Dr. Robert Powell, Ph.D., PE
Principal and Hydrogeologist
Ramboll Environ, Inc.
10150 Highland Manor Drive, Suite 440
Tampa, Florida 33610-9714
[phone]
[e-mail]
Dr. Powell's Reports, which Duke Energy serves with these disclosures, include: (a) a
complete statement of all opinions Dr. Powell will express and the basis and reasons for them;
(b) the facts or data considered by Dr. Powell in forming his opinions; (c) any exhibits that will
be used to summarize or support Dr. Powell's opinions; (d) Dr. Powell's qualifications, including
a list of all publications authored by him in the previous ten years; (e) a list of all other cases in
which, during the previous four years, Dr. Powell testified as an expert at trial or by deposition;

and (f) a statement regarding Dr. Powell's compensation for his study and testimony in this
matter.
6. Dr. John Daniels, Ph.D.
Professor and Chair
Department of Civil and Environmental Engineering
The University of North Carolina at Charlotte
Charlotte, North Carolina 28223-0001
[phone]
jodaniel(i-unce.edu
Dr. Daniels has not been retained by Duke Energy as a testifying expert in these cases.
Dr. Daniels contributed his expertise and opinion to Duke Energy and its consultants during the
development of the Phase I and Phase II Corrective Action Plans for the coal ash basins at the
Duke Energy facilities at issue in these cases. Dr. Daniels similarly provided his expertise and
opinion in assessing the Comprehensive Site Assessments developed by Duke Energy and its
consultants for the ash basins at the Duke Energy facilities at issue in these cases.
Dr. Daniels may offer opinion testimony regarding the Phase I and II Corrective Action
Plans and the Comprehensive Site Assessments, including conclusions contained in those
documents. Dr. Daniels may also offer opinion testimony regarding ash basin closure options
and the iterative process necessary to evaluate those options. Further detail regarding the facts
and opinions to which Dr. Daniels will testify can be found in the transcript of his deposition,
which took place on June 20 and 21, 2016. Dr. Daniels' qualifications can be found in his C.V.,
which is an exhibit to his deposition transcript. This disclosure is not accompanied by a written
report because this witness is not one retained or specifically employed to provide expert
testimony in the case or one whose duties regularly involve providing expert testimony.
5

7. Other Witnesses.
Duke Energy reserves the right to call any witness from the North Carolina Department
of Environmental Quality ("DEQ") regarding knowledge of environmental conditions at the
Duke Energy facilities at issue in these cases, as well as the National Pollutant Discharge
Elimination System permits at issue in these cases. In addition to providing testimony regarding
factual issues, the witness or witnesses may provide opinion/expert testimony on these topics and
others related to the allegations in the Complaints filed in these cases. Any DEQ witness was not
retained by and is not under the direction and control of the Duke Energy. Thus, the disclosure of
expected testimony is made to the best of the Duke Energy's information and belief. This
disclosure is not accompanied by a written report because the DEQ witness or witnesses are not
retained or specially employed to provide expert testimony in the case. Duke Energy also
reserves the right to call any expert witnesses disclosed by Plaintiffs or Plaintiff -Intervenors.
This 30th of June, 2016.
HUNTON & WILLIAMS LLP
Frank E. Emory, Jr.
N.C. State Bar # 10316
[e-mail]
Nash E. Long, III
N.C. State Bar # 24385
[e-mail]
Brent A. Rosser
N.C. State Bar # 28789
[e-mail]
Melissa A. Romanzo
N.C. State Bar # 38422
[e-mail]
Emma C. Merritt
N.C. State Bar # 35446
[e-mail]
101 South Tryon Street, Suite 3500
Charlotte, NC 28280
no

WOMBLE CARLYLE SANDRIDGE & RICE
LLP
James P. Cooney III
N.C. State Bar # 12140
[e-mail]
One Wells Fargo Center, Suite 3500
301 South College Street
Charlotte, NC 2820
Attorneys for Defendants Duke Progress Energy,
LLC, and Duke Energy Carolinas, LLC
VA

CERTIFICATE OF SERVICE
I hereby certify that I have served the foregoing DEFENDANTS' EXPERT WITNESS
DISCLOSURES and the following Expert Reports upon all parties to this case:
• Expert Report of Remy J.-C. Hennet (Allen Steam Station)
• Expert Report of Remy J.-C. Hennet (Buck Steam Station)
• Expert Report of Remy J.-C. Hennet (Cliffside Steam Station)
• Expert Report of Remy J.-C. Hennet (Mayo Steam Station)
• Expert Report of Charles B. Andrews (Allen Steam Station)
• Expert Report of Charles B. Andrews (Buck Steam Station)
• Expert Report of Lisa J.N. Bradley (Allen, Buck, Cliffside, Mayo)
• Expert Report of Joseph P. Nicolette (Allen, Buck, Cliffside, Mayo)
The Disclosures and Reports were served by email addressed as follows:
Anita LeVeaux
Carolyn McLain
Amy Bircher
Francisco Benzoni
T. Hill Davis
NC Department of Justice
Environmental Division
Post Office Box 629
Raleigh, NC 27602-0629
[e-mail]
[e-mail]
[e-mail]
[e-mail]
hdavis&cdoj.gov
Attorneys for Plaintiff
Austin D. Gerken, Jr.
Amelia Y. Burnette
Patrick J. Hunter
Thomas Lodwick
Southern Environmental Law Center
22 S. Pack Square, Suite 700
Asheville, NC 28801
[e-mail]
[e-mail]
phunter(selenc.org
tlodwick�selcnc.org
Attorneys for Plaintiff -Intervenors
Frank S. Holleman, III
Nicholas S. Torrey
John Suttles
Myra Blake
Leslie Griffith
Thomas Lodwick
Southern Environmental Law Center
601 West Rosemary Street, Suite 220
Chapel Hill, NC 27516-2356
[e-mail]
[e-mail]
[e-mail]
[e-mail]
Attorneys for Plaintiff -Intervenors

This 30th day of June, 2016.
g
Emma C. Merritt