TO:    DEFENDANT XCEL ENERGY:

PLEASE TAKE NOTICE that Plaintiff demands answers to these Interrogatories, under oath, within forty-five (45) days, pursuant to Rule 33 of the Minnesota Rules of Civil Procedure.

THESE INTERROGATORIES ARE DEEMED TO BE CONTINUING AND IF ANY INFORMATION RELATIVE TO THE SUBJECT MATTER INQUIRED INTO HEREIN SHOULD BE OBTAINED BY YOU OR YOUR COUNSEL, YOU ARE DIRECTED TO FURNISH SUCH ADDITIONAL FACTS TO THE UNDERSIGNED.  OBJECTION WILL BE MADE AT THE TIME OF TRIAL TO ANY ATTEMPT TO INTRODUCE EVIDENCE WHICH IS DIRECTLY SOUGHT BY THESE INTERROGATORIES AND TO WHICH NO DISCLOSURE HAS BEEN MADE.

INSTRUCTIONS AND DEFINITIONS

A.      In answering these Interrogatories, you are required to furnish all information that is available to you or subject to reasonable inquiry by you, including information in your possession or the possession of your attorneys, advisers, or other persons directly or indirectly employed by or connected with you or your attorneys and anyone else otherwise subject to your control.

B.      For purposes of these Interrogatories:

1.       “Document” means any written, printed, typed, recorded or other graphic matter of any kind or nature, including drafts and copies bearing notations or marks not found on the original; including but not limited to all memoranda, reports, financial reports, notes, letters, envelopes, telegrams, e-mails, other electronic data, messages (including reports, notes and memoranda of telephone conversations and conferences), studies, analysis, books, articles, magazines, newspapers, booklets, circulars, bulletins, notices, instructions, minutes of all other communications of any type, including inter‑ and intra-office communications, purchase orders, questionnaires and surveys, blueprints, plans, charts, graphs, tapes or other recordings, punch cards, magnetic tapes, discs, data cells, drums, print‑outs and other data compilations from which information can be obtained (translated, if necessary, by Defendant into usable form).

2.       Except where otherwise specifically defined in the text of the particular interrogatory, the word “identify” shall have the following meaning:

a.       As used herein “identify” or “identity”, when used in reference to a document, means to state:

(1)      date and author or addressor;

(2)      type of document (e.g., letter, memoranda, telegram, chart, etc.) or some other means of identifying it;

(3)      the subject matter of said document;

(4)      the recipients of all copies of said documents; and

(5)      its present location or custodian including the address where such document may be found.  If any such document was but is no longer in your possession or subject to your control, state what disposition was made of it.

In lieu of stating items (3) and (5), Defendant may furnish simultaneously with the service of Answers to these Interrogatories, such documents for inspection and copying by Plaintiff.

b.       As used herein “identify” or “identity” used in reference to a firm, partnership, association or corporation means to state its business name and present address, the names and present addresses of the principal owners, participants, partners, officers and/or employees and its present telephone number.

c.       As used herein “identify” or “identity” used in reference to an individual person means to state his full name, current address and telephone number, occupation and place of employment.

3.       “Person” means any person or persons, business, company, partnership, firm, distributor or other entity.

4.       “Agreements” means the agreements attached to the Complaint in this matter as Exhibit A through N.

C.      If any information called for by any interrogatory herein is withheld because you claim that such information is contained in a privileged document and/or communication, for each such written document or communication state:

1.       Its date and type (e.g., letter or memorandum);

2.       Its author;

3.       The identity of the addressee;

4.       The identity of all other persons who have received, copied or otherwise have been permitted to see all or part of the original or any copy thereof;

5.       A description of each subject matter discussed, described or referred to therein;

6.       The name of its present custodian.

7.       These interrogatories require supplementation, pursuant to Rule 26.07 of the Minnesota Rules of Civil Procedure.

TIME PERIOD

These interrogatories, and all future interrogatories in this litigation, unless expressly indicated otherwise, pertain to the time period from January 1, 1997 through the date of responses, unless expressly indicated otherwise.

INTERROGATORIES

Interrogatory No. 1.:  Identify all persons who have any knowledge or information about any of the allegations, claims, facts, or other matters asserted in the Complaint or any other response thereto.

Interrogatory No. 2.:  For each person identified in response to Interrogatory No. 1, state the following:

a.       Describe in detail the knowledge or information possessed by each person identified in response to Interrogatory No. 1;

b.       Identify the bases or source from which the knowledge or information has been derived;

c.       Identify all persons to whom the individual has communicated any of the knowledge or information possessed, together with the time, date, place, and circumstances of the communication, and identity of all documents that memorialize the communication.

Interrogatory No. 3.:  Identify all persons whom you expect to call as expert witnesses at trial in this matter and, for each such person, state the following:

a.       The subject matter of the expert testimony;

b.       A summary of the facts and opinions to which the expert is expected to testify; and

c.       A summary of the grounds for each such opinion.

Interrogatory No. 4.:  Identify all policies of insurance that may furnish coverage for any of the claims asserted against you in this lawsuit and, for each such policy of insurance, state the following:

a.       The name and address of the insurer;

b.       The policy number or other designation;

c.       The amount of coverage; and

d.       Any exclusions, limitations, or restrictions on coverage.

Interrogatory No. 5.:  If you deem that Plaintiff or any of its members or agents has made any admissions that are admissible in this case, describe with particularity the admission, including the time, date, and place of the admission, the substance of the admission, and identify all persons who have any knowledge or familiarity with the admission, and describe the knowledge or information they possess.

Interrogatory No. 6.: Describe the factual basis for each of the allegations, denials, defenses or other matters asserted in the Answer or other response to the Complaint in this lawsuit.

          Interrogatory No. 7.: Identify all communications between Defendant and the Minnesota Public Utilities Commission (PUC) with respect to any matters relating to an actual, anticipated, contemplated, proposed, or suggested Certificate of Need from the PUC with respect to the transmission line referred to in the claimants lawsuit, and, for each communication state the following: 

a.       The identity of each person participating in the communication;

b.       The nature of the communication, whether written, oral, electronic, or otherwise;

c.       The substance of the communication; and

d.       The identity of all documents regarding or pertaining to the communication. 

          Interrogatory No. 8.: Identify all communications between Defendant and the Minnesota Environmental Quality Board (EQB) with respect to any matters relating to an actual, anticipated, contemplated, proposed, or suggested Route Permit from the EQB with respect to the transmission line referred to in the claimants lawsuit, and, for each communication state the following: 

a.       The identity of each person participating in the communication;

b.       The nature of the communication, whether written, oral, electronic, or otherwise;

c.       The substance of the communication; and

d.       The identity of all documents regarding or pertaining to the communication. 

Interrogatory No. 9.:  State all bases, grounds, or reasons why Defendant does not need a Certificate of Need from the PUC and/or a Route Permit from the EQB with respect to the transmission line referred to in the Complaint.

Interrogatory No. 10.: Identify each person who participated in the preparation of the Answers to these Interrogatories, and, for each person so identified, state the nature of his or her personal involvement and participation regarding the Answer to each Interrogatory that he or she participated in answering.

Interrogatory No. 11.:   Provide a detailed description of the physical size and appearance of the installations for the transmission line that you propose to construct through the city of Sunfish Lake.

Interrogatory No. 12.:   Provide a detailed description of process by which the proposed transmission line will be constructed through the city of Sunfish Lake, including, but not limited to, a timeline of events, description of the equipment to be used, description of the events, etc.

Dated:  March ___, 2003                   MANSFIELD, TANICK & COHEN, P.A.

By:________________________________

     Marshall H. Tanick (108303)

     Stephen H. Parsons (84219)

     1700 Pillsbury Center South

     220 South Sixth Street

     Minneapolis, MN 55402-4511

     (612) 339-4295

ATTORNEYS FOR PLAINTIFF

POWER LINE TASK FORCE, INC.

307871