ENFORCE A CERCLA SECTION 122(E)(3)(B) SUBPOENA. THE ACTION SEEKS A DISTRICT COURT ORDER, ORDERING A DEPONENT TO COMPLY WITH ADMINISTRATIVE SUBPOENAS ISSUED UNDER CERCLA, AND TO APPEAR AT A DEPOSITION TO PROVIDE TESTIMONY REGARDING THE BERN METALS SUPERFUND SITE. EPA SEEKS A COURT ORDER, ORDERING DEPONENT TO COMPLY W/THE SUBPOENA, & SPECIFING THE PENALTIES FOR CONTEMPT IF DEPONENT FAILS TO COMPLY WITH COURT ORDER. THERE IS ONE PROPOSED DEFENDANT (PRP) (DEPONENT) A FORMER EMPLOYEE AT THE SITE, WHERE THE U.S. EPA EXPENDED OVER $2,000,000 IN RESPONSE COSTS, AND IT IS BELIEVED THAT HIS TESTIMONY WILL BE HELPFUL IN COST RECOVERY NEGOTIATION, ALLOCATION, AND POTENTIALLY, SETTLEMENT.