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Thomas H. Kean CHAIR
July 9, 2003
Lee H. Hamilton VICE CHAIR
BY FACSIMILE Mr. Jeffrey S. Green General Counsel Port Authority of New York and New Jersey 225 Park Avenue, 15th Floor New York, NY 10003
Richard Ben-Veniste Max Cleland Frederick F. Fielding Jamie S. Gorelick
Dear Mr. Green:
Slade Gorton John F. Lehman Timothy J. Roemer James R. Thompson
Philip D. Zelikow EXECUTIVE DIRECTOR
The National Commission on Terrorist Attacks Upon the United States is directed by statute to investigate the facts and circumstances surrounding the September 11, 2001 terrorist attacks, including the nation's preparedness for, and immediate response to, those attacks, as well as to evaluate the lessons learned from those attacks and to make recommendations for preventing future attacks. As part of its investigation, the Commission has issued Port Authority Document Request No. 1, which is enclosed. Please call John Farmer at 212-264-2627 with any questions about this request and to arrange for production of the requested documents. Feel free to call me as well at 202-331-4065 if any issues arise. Thank you very much in advance for your cooperation with the Commission and its staff in this important matter. Yours sincerely,
'i Daniel Marcus General Counsel
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301 7'1' Street SW, Room 5125 Washington, DC 20407 T 202.331.4060 F 202.296.5545 www.9-llcommission.gov
Thomas H. Kean CHAIR Lee H. Hamilton
PORT AUTHORITY DOCUMENT REQUEST NO. 1
VICE CHAIR
Richard Ben-Veniste Max Cleland Fred F. Fielding Jamie S. Gorelick Slade Gorton John Lehman TimothyJ. Roemer James R. Thompson
The National Commission on Terrorist Attacks Upon the United States (the "Commission") requests that the Port Authority of New York and New Jersey (the "respondent") provide the Commission with copies of the following documents no later than July 25, 2003 (the "production date"): 1. All reports, summaries, evaluations, reviews, assessments, critiques, briefings and studies related to the Port Authority's emergency response to the February 26, 1993 World Trade Center bombing (the "1993 Bombing"), the building performance of the World Trade Center (the "WTC") in response to the 1993 Bombing, and the WTC building evacuation and crisis management related to the 1993 Bombing, conducted either internally by the Port Authority or by any external entity (e.g., McKinsey & Company, Kroll Inc., Science Applications International Corporation, etc.).
Philip D. Zelikow EXECUTIVE DIRECTOR
2. All records, plans or other documents setting forth or discussing the Port Authority's standard operating procedures, duties, protocols and policies in connection with response plans to catastrophes, disasters, terrorist attacks of any nature and fires or other crises in high-rise buildings which were in place on September 10, 2001, including, but not limited to, WTC evacuation plans, disorder control guidelines, training manuals, emergency plans and guidelines, and security assessment plans. 3. The following documents, records or raw data pertaining to the Port Authority's account of and response to the terrorist attacks on the World Trade Center on September 11, 2001 (the "9/11 Attacks"): (i) Port Authority radio communication tapes and transcripts for communications on September 11, 2001; (ii) Port Authority operational logs for September 11, 2001 through September 20, 2001 (this ten day period is referred to as "9/11-9/20"); (iii) Port Authority dispatch records for 9/11-9/20; (iv) records of Port Authority airport management communications with WTC building management on September 11, 2001; (v) Port Authority port commerce logs for September 11, 2001; (vi) Port Authority harbor ferry logs for September 11, 2001; and (vii) internal and external video footage of the emergency response from 9/11-9/20 to the 9/11 Attacks. 4. All incident reports, after-action "task force" transcripts and final reports, summaries, evaluations, reviews, assessments, critiques, "WTC Briefings" (briefings prepared 9/11-9/20) and studies related to the Port Authority's emergency response to the 9/11 Attacks for the period 9/11-9/20, the building performance of the WTC in response to the 9/11 Attacks, the WTC evacuation and crisis management response to the 9/11 Attacks, conducted either internally TEL (202) 331-4060 FAX (202) 296-5545 www.9-11 commission.gov
PORT AUTHORITY DOCUMENT REQUEST No. 1 Page 2 by the Port Authority or by any external entity (e.g., McKinsey & Company, Kroll Inc., Science Applications International Corporation, etc.). 5. All records of interviews conducted in connection with any after-action interim or final reports, summaries, evaluations, reviews, assessments, critiques, briefings and studies related to the 9/11 Attacks, conducted either internally by the Port Authority or by any external entity (e.g. Kroll Inc., Science Applications International Corporation, etc.), as follows: (i) where transcripts of such interviews exist, please provide the transcripts; (ii) if no transcript exists, please provide any memoranda of interview, notes, or other memorialization of the interviews; and (iii) if no transcripts or other documentation exists, please provide the recordings of the interviews. The Commission requests that the documents requested above be provided as soon as they are available, even though all requested documents may not be provided at the same time, through means of a "rolling" production. If any requested documents are withheld from production, even temporarily, based on an alleged claim of privilege or for any other reason, the Commission requests that the respondent, as soon as possible and in no event later than the production date, identify and describe each such document or class of documents, as well as the alleged basis for not producing it, with sufficient specificity to allow a meaningful challenge to any such withholding. If the respondent does not have possession, custody or control of any requested documents but has information about where such documents may be located, the Commission requests that the respondent provide such information as soon as possible and in no event later than the production date. If the respondent has any questions or concerns about the interpretation or scope of these document requests, the Commission requests that any such questions or concerns be raised with the Commission as soon as possible so that any such issues can be addressed and resolved prior to the production date. July 9, 2003
Daniel Marcus General Counsel