THIS IS AN EXPEDITED LITIGATION REFERRAL, MOTION IN OPPOSITION OF HECLA MINING COMPANY'S PETITION TO PERPETUATE TESTIMONY OF ANGUS BETHUNE AND LES RANDALL. HECLA MINING COMPANY FILED A PETITION 3/8/91 TO PERPETUATE THE TESTIMONY OF TWO FORMER EMPLOYEES WITH KNOWLEDGE OF THE NUMBER HILL ZINC PLANT AT THE BUNKER HILL SUPERFUND SITE. EPA OPPOSED THE PETITION AND PROPOSED ORDER BECAUSE IT SEEKS TO LIMIT THE DEPOSITION TESTIMONY SOLELY TO 'THE ISSUE OF THE IDENTITY OF THE OWNERS AND OPERATORS OF THE ZINC PLANT AT THE BUNKER HILL SUPERFUND SITE.' WE BELIEVE THAT TESTIMONY SHOULD NOT BE LIMITED TO THIS NARROW ISSUE AND SEEK AN ORDER FROM THE COURT ALLOWING EPA TO TAKE TESTIMONY REGARDING ALL ASPECTS OF THE OWNERSHIP AND OPERATION OF THE BUNKER HILL MINING AND SMELTING FACILITY, INCLUDING INFORMATION PERTAINING TO THE RELEASE OR THREAT OF RELEASE OF HAZARDOUS SUBSTANCES AND LIABILITY FOR SUCH RELEASES. HECLA HAS POTENTIAL LIABILITY FOR ITS GENERATION AND RELEASE OF HAZARDOUS SUBSTANCE (MINE TAILINGS) INTO THE COEUR D'ALENE RIVER UPSTREAM OF THE SITE WHICH HAVE COME TO BE LOCATED IN THE RESIDENTIAL AND NON-RESIDENTIAL AREAS OF THE SITE.