CONTACTS 
0201 - Corps of Engineers, SFD                                                                                                                                            O-00000632 0202
020101 - Mr. Thompson F. Keesling, Architect; Assistant Chief
020102 - Construction Operations Division
0202 - Corps of Engineers, SFD                                                                                                                                            O-00000632 0104
020201 - Ms. Merry Goodenough, ESQ; Office of Counsel

SUBJECTS
RWQCB Order #96-148 dated 961114
Galbraith, Disposal at
Port Fined
Subject Indexing Data Base
Reporting
Litigation Support, Oakland
Oakland Litigation Support, 970417
Not Enough Time for Conventional Management
Liability/Cost Avoided by SDS Record
Litigation Support
Command & Control of Record Determines
Legal Help on Oakland

1814 -
1814 -    ..
1815 - Summary/Objective
1816 -
181601 - Follow up ref SDS 8 8492, ref SDS 4 0000.
181602 -
181603 - COE advised information is needed from the SDS record for a meeting
181604 - next week on litigation concerning the Oakland Harbor project.  They
181605 - feel it will take weeks to assemble everything, and so asked if SDS
181606 - can pull all the information on a particular subject.  Since COE's
181607 - District Engineer cancelled the Welch contract, I prepared a report as
181608 - a marketing courtesy, and submitted it via transmittal letter.
181609 - ref DIT 1 0000.  Tom Keesling will suggest COE contract to obtain this
181610 - support in the future.
181611 -
181612 -    [Report was helpful. per ref SDS 13 8455
181614 -     ..
181615 -    [On 970624 CE lost report so it was resubmitted. ref SDS 14 9045
181617 -     ..
181618 -    [On 980403 Max reported District Counsel found Communication
181619 -    Metrics support useful. ref SDS 15 2405
181621 -     ..
181622 -    [On 981027 SDS report created in 10 minutes saved government $200K.
181623 -    ref SDS 17 7315
181624 -
181626 -  ..
1817 -
1818 -
1819 - Discussion
1820 -
182001 - When I visited Tom this morning to get the signed memos on evaluating
182002 - Communication Metrics, ref SDS 10 6903, he said Merry Goodenough needs
182003 - an SDS report on the Oakland Harbor project.
182004 -
182006 -  ..
182007 - COE Counsel Needs Litigation Research Report
182008 -
182009 - I visited with District Counsel Merry Goodenough.
182010 -
182011 - Merry needs a report on the Port of Oakland's environmental management
182012 - to support a meeting next week with, or concerning, the Port of
182013 - Oakland.  Merry seemed to indicate that the Port claims COE should pay
182014 - part of a fine levied against the Port for failure to comply with EPA
182015 - permit requirements at the Galbraith disposal site, per ref SDS 8
182016 - 8492.
182018 -  ..
182019 - Merry had an SDS record on her desk.  She pointed to some language in
182020 - the record on an RWQCB Abatement Order issued to the Port, and said
182021 - she would like to assemble the record on this "subject."
182023 -  ..
182024 - We discussed this type of support when we met on 970217, ref SDS 4
182025 - 8322, and our discussion on 970220, ref SDS 6 6447.  I explained a
182026 - report could be assembled in a few minutes after I return to my
182027 - office.
182029 -  ..
182030 - Merry wanted to get the report from Tom Keesling's computer.
182032 -  ..
182033 - I noted my understanding that Tom had removed the SDS record on his
182034 - former computer.
182036 -  ..
182037 - Merry suggested we get Tom to help us.  We found him in the 8th Floor
182038 - Main Conference room meeting with Luster on the Richmond Harbor
182039 - project.  Merry was able to call him out of his meeting to help us.
182041 -  ..
182042 - Tom said the SDS record is still on the computer in his prior office
182043 - next to Max's.  It has also been zipped and copied to Paul's computer.
182044 - I did not ask about Paul.  Tom tried to boot up the computer that has
182045 - the SDS record on it.  It would not boot.  He got a message that said
182046 - to load a disk of some kind.  Merry advised that Windows 95 has been
182047 - loaded and so SDS may have been removed by COE technicians who would
182048 - not have known what it is, in order to make room for Windows 95. We
182049 - determined on 961028 that the disk on this computer was nearly full,
182050 - ref SDS 1 0000, so something would had to have been removed in order
182051 - to install Windows 95.  It is also doubtful that Windows 95 will run
182052 - well on this computer because it is a 33 Mhz 386 or 486 machine.
182054 -  ..
182055 - I offered to prepare a report.
182057 -  ..
182058 - Merry said she will call Tom White to have him fax copies of project
182059 - notes and she will research them to find the portions pertaining to
182060 - the RWQCB Abatement Order subject, and cut and paste the relevant
182061 - portions into the report she needs for her meeting.  We considered the
182062 - filing methods at the project office have not yielded this kind of
182063 - information in past requests which is why the SDS method was adopted,
182064 - per meeting with Max on 970224. ref SDS 7 8839
182065 -
182067 -  ..
182068 - Not Enough Time to Get Help
182069 -
182070 - Merry advised that Marc McGovern suggested she initiate a contract for
182071 - Welch to provide this support.
182072 -
182073 - Merry feels there is not enough time to do this because it would take
182074 - a week for Contracting Division to issue the contract and by then her
182075 - meeting will be over.  The problem of not having enough time to obtain
182076 - needed support, reflects prior events in February, ref SDS 5 8573 and
182077 - at ref SDS 7 8839.
182079 -  ..
182080 - I offered to prepare a report to support her meeting next week at no
182081 - charge, since it will only take a few minutes.
182082 -        ..
182083 -     Went ahead and did this per below. ref SDS 0 1536
182085 -  ..
182086 - Merry Wants Direct Access to SDS Records
182087 -
182088 - Merry feels COE should be able to draw reports from the record without
182089 - using Welch or other professional support.
182090 -
182091 - She wants instructions on how to do this.
182093 -  ..
182094 - I explained that using SDS and drawing reports takes time to learn how
182095 - to use the program and to understand organic subject structure.
182097 -  ..
182098 - Merry wants a list of simple instructions to do this.
182099 -
182100 -    [Instructions were submitted on 970418. ref SDS 11 2005]
182101 -
182102 -    [On 990202 showed Merry the Subject Index. ref SDS 18 5325]
182103 -
182105 -  ..
1822 -
1823 -
1824 - 1158 Prepared report
1825 -
182501 - Based on the discussion with Merry, above, ref SDS 0 8033, I prepared
182502 - a report on the RWQCB environmental regulation letter received on
182503 - 961115.  It is similar to the report prepared on 961218 for Max on RFP
182504 - #19 showing the chronology regarding possible toxic materials in the
182505 - Todd/Schnitzer Wings, ref SDS 2 7739.  I prepared a second report for
182506 - Merry, to provide broader context.  The first report covers Galbraith
182507 - Disposal which is broader and provides context and background on the
182508 - permit matter.  The second report is only the abatement order. Merry
182509 - can then decide what she needs.
182510 -
182511 -           0248008                    Galbraith Disposal
182512 -           0248008CC                  RWQCB Order #96-148 dated 961114
182513 - ..
182514 - Issued these reports via transmittal, ref DIT 1, for Tom to give
182515 - to Merry so she will not feel bad about getting the report from Welch.
182517 -  ..
182518 - The first report on Galbraith Disposal was too big, so I had to break
182519 - it up into two files, ref OF 1 line 33, and ref OF 2 line 30.  The
182520 - second report covering only the RWQCB order is at ref OF 3 line 35.
182522 -  ..
182523 - Included the instructions on calling a report which Merry requested
182524 - this morning, ref DIT 1 8943.
182525 -
182527 -  ..
1826 -
1827 -
1828 - 1428 delivered report
1829 -
182901 - I visited with Tom and submitted the report for Merry.  I explained it
182902 - per above. ref SDS 0 1536
182904 -  ..
182905 - Tom will suggest to Merry that she initiate a contract for Welch to
182906 - provide litigation support on a standby basis, as needed, per Marc's
182907 - recommendation.  This would provide support Merry requested on 970404
182908 - as well, ref SDS 9 5833.
182909 -
182910 -     [On 970418 District Counsel wants direct access to the SDS record.
182911 -     ref SDS 11 2005.]
182913 -      ..
182914 -     [On 970530 report Comm Metrics was helpful. ref SDS 13 8455.]
182916 -      ..
182917 -     [On 970624 report was lost, and so it was re-submitted the next
182918 -     day on 970625. ref SDS 14 9045]
182920 -      ..
182921 -     [On 980723 report CESPN avoided liability based on Communication
182922 -     Metrics. ref SDS 16 3344]
182924 -      ..
182925 -     [On 981027 report saved government $200K. ref SDS 17 7315]
182926 -
182927 -
1830 -
1831 -