SUBPOENA BY AUTHORITY OF THE HOUSE OF REPRESENTATIVES OF THE CONGRESS OF THE UNITED STATES OF AMERICA Kenneth Kimmell, President T0 Union of Concerned Scientists You are hereby commanded to be and appear before the Committee on Science, Space, and Technology of the House of Representatives of the United States at the place, date, and time specified below. to produce the things identi?ed on the attached schedule touching matters of inquiry committed to said committee or subcommittee; and you are not to depart without leave of said committee or subcommittee. . Place of production: 2321 Rayburn House Office Building, Washington, DC. 20515 Date: July 27, 2016 Time; 12:00 noon to testify at a deposition touching matters of inquiry committed to said committee or subcommittee; and you are not to depart without leave of said committee or subcommittee. Place of testimony: Date: Time: CI to testify at a hearing touching matters of inquiry committed to said committee or subcommittee; and you are not to depart without leave of said committee or subcommittee. Place of testimony: Date: Time: To any authorized staff member or the US. Marshals Service to serve and make return. Witness my hand and the seal of the House of Representatives of the United States, at the city of Washington, DC. this 1 day of 201% . Chairman or Authori?ed Member Att t: Clerk SCHEDULE In accordance with the attached schedule instructions, you, Kenneth Kimmell, are required to produce the things described below: 1. All documents and communications between any of?cer or employee of the Union of Concerned Scientists and any of?cer or employee of the of?ce of a state attorney general, referring or relating to the investigation, subpoenas duces tecum, or potential prosecution of companies, nonpro?t organizations, scientists, or other individuals related to the issue of climate change. All documents and communications between any of?cer or employee of the Union of Concerned Scientists and any of?cer or employee of the Climate Accountability Institute, Greenpeace, 350.0rg, the Rockefeller Brothers Fund, the Rockefeller Family Fund, the Global Warming Legal Action Project, the Pawa Law Group, or the Climate Reality Project referring or relating to the investigation, subpoenas duces tecum, or potential prosecution of companies, nonpro?t organizations, scientists, or other individuals related to the issue of climate change. Schedule Instructions In complying with this subpoena, you are required to produce all reSponsive documents that are in your possession, custody, or control, whether held by you or your past or present agents, employees, and representatives acting on your behalf. You should also produce documents that you have a legal right to obtain, that you have a right to copy or to which you have access, as well as documents that you have placed in the temporary possession, custody, or control of any third party. Subpoenaed records, documents, data or information should not be destroyed, modi?ed, removed, transferred or otherwise made inaccessible to the Committee. In the event that any entity, organization or individual denoted in this subpoena has been, or is also known by any other name than that herein denoted, the subpoena shall be read also to include that alternative identi?cation. . The Committee?s preference is to receive documents in electronic form CD, memory stick, or thumb drive) in lieu of paper productions. Documents produced in electronic format should also be organized, identi?ed, and indexed electronically. Electronic document productions should be prepared according to the following standards: The production should consist of single page Tagged Image File ?les accompanied by a Concordance-format load ?le, an Opticon reference ?le, and a ?le de?ning the ?elds and character of the load ?le. Document numbers in the load ?le should match document Bates numbers and TIF ?le names. If the production is completed through a series of multiple partial productions, ?eld names and ?le order in all load ?les should match. Documents produced to the Committee should include an index describing the contents of the production. To the extent more than one CD, hard drive, memory stick, thumb drive, box or folder is produced, each CD, hard drive, memory stick, thumb drive, box or folder should contain an index describing its contents. Documents produced in response to this subpoena shall be produced together with c0pies of ?le labels, dividers or identifying markers with which they were associated when the subpoena was sewed. When you produce documents, you should identify the paragraph in the Committee?s schedule to which the documents respond. It shall not be a basis for refusal to produce documents that any other person or entity also possesses non?identical or identical copies of the same documents. 10the subpoenaed information is only reasonably available in machine-readable form (such as on a computer server, hard drive, or computer backup tape), you should consult with the Committee staff to determine the appropriate format in which to produce the information. If compliance with the subpoena cannot be made in full by July 27, 2016, at 12:00 noon, compliance shall be made to the extent possible by that date. An explanation of why full compliance is not possible shall be provided no later than July 26, 2016, at 12:00 noon. In the event that a document is withheld in whole or in part on any basis, provide a log containing the following information concerning any such document: the basis for withholding the document; the type of document; the general subject matter; the date, author and addressee; and the relationship of the author and addressee to each other. In complying with the subpoena, be apprised that the US. House of Representatives and the Committee on Science, Space, and Technology do not recognize: any of the purported non- disclosure privileges associated with the common law including, but not limited to, the deliberative process privilege, the attorney-client privilege, and attorney work product protections; any purported privileges or protections from disclosure under the Freedom of Information Act; or any purported contractual privileges, such as non-disclosure agreements. If any document responsive to this subpoena was, but no longer is, in your possession, custody, or control, identify the document (stating its date, author, subject and recipients) and explain the circumstances under which the document ceased to be in your possession, custody, or control. If a date or other descriptive detail set forth in this subpoena referring to a document is inaccurate, but the actual date or other descriptive detail is known to you or is otherwise apparent from the context of the subpoena, you are required to produce all documents which would be responsive as if the date or other descriptive detail were correct. The things described in the schedule shall be produced in their current condition, as of July 13,2016. This subpoena is continuing in nature and applies to any newly-discovered information as to the time period January 1, 2012 to July 27, 2016. Any responsive record, document, compilation of data or information, not produced because it has not been located or discovered by the return date, shall be produced immediately upon subsequent location or discovery. All documents shall be Bates-stamped sequentially and produced sequentially. Two sets of documents shall be delivered, one set to the Majority Staff and one set to the Minority Staff. When documents are produced to the Committee, production sets shall be delivered to the Majority Staff in Room 2321 of the Rayburn House Of?ce Building and the Minority Staff in Room 394 of the Ford House Office Building. Upon completion of the production, you should submit a written certi?cation, signed by you or your counsel, stating that: a diligent search has been completed of all documents in your possession, custody, or control which reasonably could contain responsive documents; and (2) all documents located during the search that are responsive have been produced to the Committee. 1. Schedule De?nitions The term ?document? means any written, recorded, or graphic matter of any nature whatsoever, regardless of how recorded, and whether original or copy, including, but not limited to, the following: memoranda, reports, expense reports, books, manuals, instructions, ?nancial reports, working papers, records, notes, letters, notices, con?rmations, telegrams, receipts, appraisals, pamphlets, magazines, newspapers, prospectuses, inter-of?ce and intra? of?ce communications, electronic mail (e?mail), text messages, Google chat communications or other instant message communications, contracts, cables, notations of any type of conversation, telephone call, meeting or other communication, bulletins, printed matter, computer printouts, teletypes, invoices, transcripts, diaries, analyses, returns, summaries, minutes, bills, accounts, estimates, projections, comparisons, messages, correspondence, press releases, circulars, ?nancial statements, reviews, opinions, offers, studies and investigations, questionnaires and surveys, and work sheets (and all drafts, preliminary versions, alterations, modi?cations, revisions, changes, and amendments of any of the foregoing, as well as any attachments or appendices thereto), and graphic or oral records or representations of any kind (including without limitation, photographs, charts, graphs, micro?che, micro?lm, videotape, recordings and motion pictures), and electronic, mechanical, and electric records or representations of any kind (including, without limitation, tapes, cassettes, disks, and recordings) and other written, printed, typed, or other graphic or recorded matter of any kind or nature, however produced or reproduced, and whether preserved in writing, ?lm, tape, disk, videotape or otherwise. A document bearing any notation not a part of the original text is to be considered a separate document. A draft or non-identical copy is a separate document within the meaning of this term. The term ?communication? means each manner or means of disclosure or exchange of information, regardless of means utilized, whether oral, electronic, by document or otherwise, and whether in a meeting, by telephone, facsimile, email (desktop or mobile device), text message, instant message, MMS or SMS message, regular mail, telexes, releases, or otherwise. The terms ?and? and ?or? shall be construed broadly and either conjunctiver or disjunctively to bring within the scope of this subpoena any information which might otherwise be construed to be outside its scope. The singular includes plural number, and vice versa. The masculine includes the feminine and neuter genders. The terms ?person? or ?persons? mean natural persons, ?rms, partnerships, associations, corporations, subsidiaries, divisions, departments, joint ventures, proprietorships, syndicates, or other legal, business or government entities, and all subsidiaries, af?liates, divisions, departments, branches, or other units thereof. The term ?identify,? when used in a question about individuals, means to provide the following information: the individual's complete name and title; and the individual's business address and phone number. 6. The term ?referring or relating,? with respect to any given subject, means anything that constitutes, contains, embodies, re?ects, identi?es, states, refers to, deals with or is pertinent to that subject in any manner whatsoever. 7. The term ?employee? means agent, borrowed employee, casual employee, consultant, contractor, de facto employee, independent contractor, joint adventurer, loaned employee, part-time employee, permanent employee, provisional employee, subcontractor, or any other type of service provider. 8. ?You? or ?your? means and refers to you as natural person and in your capacity as President of the Union of Concerned Scientists (the and any, agents, advisors, consultants, staff, or any other persons acting on your behalf or under your control or direction in your personal capacity or at the Union of Concerned Scientists.