This is an archived article that was published on sltrib.com in 2008, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.
Selections from an investigation memo sent by Ray D. Garner, Kennecott Utah Copper chief legal officer, to company President Bruce D. Farmer on Oct. 9, 1997. Read the entire memo online at http://www.sltrib.com.
"The possibility of a public backlash suggests that the data is, in fact, sufficiently important to the average citizenry to justify voluntary disclosure . . ."
"Any resulting litigation against Kennecott would include an allegation of deliberate corporate concealment of known risk to life, limb and property."
On the purchase and resale of Green Meadows Estates properties: "The acquisition program suggests that the company considered the risk to be sufficiently great to justify relocation of families living within the spill-out area, and in the absence of conclusive evidence that the risk had been mitigated, the subsequent sale implies a callous disregard of the safety and well-being of the new residents."
"The failure to disclose such risk to the purchasers could, under certain circumstances, be considered a form of fraud under Utah law."
"Most importantly, management must place the public interest before economic considerations in deciding issues involving the possibility of fatalities or serious bodily injury."
"Recommendations: 1. Notify the public of the risk associated with a seismic failure of the Magna Corner and Kennecott's ongoing effort to mitigate the risk . . . 2. Undertake a comprehensive due diligence investigation of KUCC's mitigation options."