Document 1QN6Oj2jvDy6DyJrkdpBMONmZ

FILE NAME Amoco AMOC DATE 2002 Jan 3 DOC AMOC003 DOCUMENT DESCRIPTION Legal - BP Amoco Corp Answers to Plaintiffs General Interrogatories , STATE ILLINOIS COUNTY COOK _ ) ) SS __) IN THE CIRCUIT COURT OF COOK COUNTY ILLINOIS COUNTY DEPARTMENT LAW DIVISION COPY MASTER FILE ) ) ) IN RE ASBESTOS LITIGATION ) ) No. 98 L 00000 ) ) CLERK CLERK DOROTHY 2002 FILED DOROTHY -33 FILED CIRST BP AMOCO CORPORATION'S k AMOCO CORPORATION ANSWE TO PLAINTIFFS GENERAL INTERROGATORIES GROWN GROWN FILED 6 16 Preliminary Statement COURT BP Amoco Corporation k BP Corporation North America Inc. at all relevant times was the parent company and shareholder of Amoco Oil Company and Amoco Chemical Company k BP Amoco Chemical Company In light of the foregoing reference is made to discovery responses of Amoco Oil Company and Amoco Chemical Company whose responses to discovery requests shall also stand and represent the answers of BP Amoco Corporation The following responses are based on facts known to or believed by BP Amoco Corporation k BP Corporation North America Inc. all relevant times Because much of the information sought is from many years ago and is therefore difficult or impossible to reconstruct or retrieve Defendant reserves the right to amend these responses as and if new or better information becomes available to it or errors are discovered The information gathered for these responses comes from many sources both from within the company and elsewhere Accordingly this Defendant can only relay this information it cannot attest to the accuracy of such responses Information of this nature is being supplied because it may lead to discovery of admissible evidence The information thus provided in these responses should not be considered as admissions BP_FR_00422968 In 1996 Answering Defendant previously responded to consolidated interrogatories Pursuant to this Honorable Court's Order additional discovery is hereby answered Since then Answering Defendant and its agents have continued to investigate the allegations in these cases and has discovered supplemental information Accordingly the following responses best and accurately describe Answering Defendant's present knowledge concerning these matters General Objections 1 Answering Defendant objects to each and every discovery request to the extent it is overly broad oppressive unduly burdensome or unduly expensive Answering Defendant furthermore objects to each and every discovery request to the extent it seeks information not limited in time or geographical scope Responsive information will be supplied as to the facility of plaintiff's claimed exposure 2. Any information produced in response hereto is produced expressly subject to any objections contained herein and is produced without in any way waiving or intending to waive any objections that Answering Defendant may have with respect to the subsequent use of such information and specifically reserves a All questions as to admissibility of any and all such information in whole or in part or of the subject matter thereof b The right to object to the use of any such information in whole or in part or the subject matter covered thereby in any subsequent step or proceeding in this litigation and c The right to object to any and all grounds at any time to interrogatories or other discovery procedures involving or related to the subject matter of the information sought by plaintiffs 3 Answering defendant objects to each and every discovery request to the extent it seeks information that is equally available to or already in the possession of plaintiffs and the burden on plaintiffs to obtain the requested information is no greater than the burden on these defendants -2- BP_FR_00422969 4. Answering defendant objects to each and every discovery request to the extent it seeks confidential or proprietary information Similarly Answering Defendant reserves the right to redact sensitive or proprietary information from any documents that it produces in response hereunder Interrogatories INTERROGATORY NO 1 Identify the person verifying these answers on your behalf ANSWER See Preliminary Statement INTERROGATORY NO 2 State the date of first employment with you and the dates and titles of each job position the person verifying these interrogatories has held while employed by you ANSWER | See Preliminary Statement INTERROGATORY NO.3 NO.3 State whether or not you are a corporation and if so state A. Your correct corporate name Your state of incorporation A. a The date of your incorporation The address of your principal place of business Whether or not you have ever held certificate of authority to do business in the State of Illinois and if so the inclusive dates of any certificate F. If you are wholly owned or the majority interest of your company is owned by another business entity state the entity's name and principal place of business G. Has your company ever been owned by another corporation - H. If your answer to G is affirmative what corporation and what was the date and nature of the ownership ANSWER a BP Corporation North America Inc. b Indiana c June 18 1889 d 200 East Randolph Drive Chicago Illinois 60601 e BP Corporation North America Inc. is qualified to do business in Illinois f See Preliminary Statement g See f h See f -3- BP_FR_00422970 INTERROGATORY NO 4 Have you ever been identified known or done business under any other name in the State of Illinois ANSWER On April 23 1985 name changed from Standard Oil Company to Amoco Corporation On December 31 1998 name changed to BP Amoco Corporation on May 1 2001 name changed to BP Corporation North America Inc. INTERROGATORY NO 5 If your answer to Interrogatory No. 4 is in the affirmative please state such name or names and the time period during which this defendant was so known or identified ANSWER See 4 INTERROGATORY NO 6 If you are not a corporation what is your business structure partnership joint venture sole proprietorship etc. ANSWER Not applicable INTERROGATORY NO 7 ; If you are not a corporation please identify all persons or other entities with an ownership interest in you ANSWER Not applicable INTERROGATORY NO.8 NO.8 . If you are not a corporation please state the following A. The address where the historical records of this located and defendant are currently B. The name job title and current address of the Custodian for this defendant's historical records ANSWER Not applicable INTERROGATORY NO 9 Identify your custodian of Business Records ANSWER Objection to the term business records as vague and ambiguous Answering defendant has no single person with the title Custodian of Business Records all times relevant to this lawsuit within defendants -4- BP_FR_00422971 corporate structure there were numerous business units and departments all of whom kept records of some type within its document retention policy Subsequent to the relevant time period Amoco Corporation has changed ownership Defendant has madea diligent search of its available records to identify those responsive to discovery Investigation continues but responsive documents located to date are produced herewith INTERROGATORY NO 10 Identify the person or persons most knowledgeable about A. Your acquisition of raw asbestos and asbestos containing products B. Your use of raw asbestos and containing products C. Your contracting with others to do work involving use or handling or raw asbestos or asbestos containing products ANSWER a - c See Preliminary Statement and General Objections Over the years many of answering defendant's refineries had installed thermal insulation products which contained some percentage of asbestos Many of these plants are not in the geographic area and defendant objects to producing information regarding those plants as not relevant nor will lead - to discoverable evidence Answering defendant was not in the business of marketing raw asbestos or asbestos containing thermal insulation products It is impracticable to identify all persons knowledgeable . concerning answering defendants use of containing thermal insulation products Notwithstanding the above answering : defendant states that for the relevant time period Jerome Siedlicki was deposed on this subject matter in French Hicks et al v Bethlehem Steel Corporation et al No. 134,614 Russell Allen et al v American Petrofina et al No. B- 126 986. The transcript will be furnished upon request INTERROGATORY NO 11 Please state the identity of physicians medical directors and industrial hygienists employed by you during the time frame or prior to the time you discontinued the use of such products ANSWER See Preliminary Statement and General Objections Answering Defendant objects to this request as it is vague overbroad and unduly burdensome Without waiving this objection Answering Defendant states . that BP Amoco Corporation formerly known as Amoco Corporation provided industrial hygiene services to its subsidiaries Additionally industrial hygiene sampling was performed by outside contractors hired by the Industrial Hygiene Department -5- BP_FR_00422972 The Industrial Hygiene Department was formally organized in 1953 Each plant was also assisted with industrial hygiene contractors Prior to 1953 industrial hygiene was handled by the Safety Department During the relevant time period on a corporate level those persons responsible for Industrial Hygiene have included P. D. Halley J. T. Siedlicki and J. F. Bower In addition industrial hygiene principles were enforced throughout the organization and across disciplines For example the Medical Department developed asbestos hazard communications produced The Industrial Hygiene Department monitored exposures Safety supervisors held weekly and sometimes daily meetings which included a wide range of subjects depending upon the task Asbestos hazards including respirator use work clothing practices rope off areas are some examples of safety meeting discussions Medical directors during the relevant time period have included H. W. Spies P. M. Wolkonsky andJ. H. Mitchell INTERROGATORY NO 12 Has any employee of this defendant testified by deposition or at trial on behalf of this defendant in any lawsuit in which this defendant was a party wherein the for plaintiff has alleged an asbestos injury If so A. The caption and case number each such case please state B. The court filing including state and county C. The date of deposition or trial testimony D. The name and address of plaintiff's counsel of record E. The name and address of the court reporter ANSWER Answering defendant was the parent company for its operating companies Answering defendant provided industrial hygiene medical and toxicological services to its subsidiaries See Preliminary Statement and General Objections INTERROGATORY NO 13 | For each of the following please state whether at any time within the time frame or until such time as any defendant which had been engaged in marketing raw asbestos or asbestos containing products discontinued the marketing of such products this defendant was a member or paid dues for any representative of this defendant excluding faculty members of educational institutions to be a member of the following ~ BP_FR_00422973 A. American Conference of Governmental Industrial Hygienists B. American Industrial Hygiene Association C. American Petroleum Institute American Railroad Association F. Asbestos Cement Producers Association Asbestos Information Association AIA please answer through date of your answers . G. Asbestos Information Association North America AIA please answer through date of your answers Asbestos Textile Institute ATI HAM Industrial Mineral Insulation Manufacturers Institute Industrial Mineral Insulation Manufacturers Institute . Magnesia Insulation Manufacturers Institute Magnesia Silica Insulation Manufacturers Association Mineral Wood Institute National Insulation Manufacturers Association NIMA Q. Midwest Insulation Contractors Association Quebec Asbestos Mining Association Refractories Institute Safe Building Alliance please answer through date of your answers I. Thermal Insulation Manufacturers Association TIMA Identify any other organizations associations or groups of manufacturers miners distributors importers labelers suppliers and sellers of asbestos containing products of which this defendant was a member U. Identify any such representative of this defendant ANSWER Answering defendant was the parent company for its operating companies Answering defendant provided industrial hygiene medical and toxicological services to its subsidiaries Answering defendant was not engaged in marketing raw asbestos or containing thermal insulation products Accordingly the interrogatory as written is inapplicable Answering defendant was a member of various trade organizations such as API Its employees were members of various professional associations and followed TLVs as recommended by ACGIH INTERROGATORY NO 14 For each organization association or other entity identified in your response to Interrogatory No. 13 please state A. The dates during which this defendant was a member B. The name of any publication received by this defendant from such association or organization C. The name of any committee or subcommittee of which this defendant was a -7- IF BP_FR_00422974 member and the dates of such committee or subcommittee membership ANSWER _ See Answer to Interrogatory No. 13 INTERROGATORY NO 15 Had this defendant prior to 1973 received any documents containing results or conclusions of any studies and tests conducted for Standard Oil of New Jersey relating to asbestos exposure in the workplace or the human health consequences of exposure to asbestos If so A. Either 1 attach all documents evidencing the information sought in this Interrogatory and its parts to your answers to these Interrogatories or 2 attach disks containing such data or 3 describe such documents with sufficient particularity that they may be made the subject of a request for production of such documents B. State the date upon which this defendant first received such documents C. State the identity of the custodian of such documents D. This interrogatory does not apply to documents contained in a library maintained by a defendant hospital or a defendant's library providing access to the general public ANSWER See Preliminary Statement and General Objections Defendant objects to this Interrogatory as it is vague ambiguous and unduly burdensome Without waiving said objection Amoco Corporation had numerous departments responsible for the protection of human health Within each of those departments over the years Amoco Corporation has employed thousands of individuals It is impossible to state whether any of those individuals received specific publications articles and or tests conducted for Standard Oil of New Jersey Amoco has always been concerned about health of employees and contractors Amoco could not list each and every safety measure utilized reduce or eliminate human exposure to asbestos as they were numerous Amoco has always required that visitors contractors and facility employees be protected from potentially harmful materials in the workplace whenever a danger was recognized Industrial hygiene has been a formal department of Amoco's since 1953 Industrial Hygienists made recommendations to contractors and visitors advising them of all perceived hazards Outside consultants also assisted in Industrial Hygiene Surveys The Industrial Hygiene Department of Amoco has been aware since its inception of the maximum allowable concentrations MAC and threshold limit values TLV of the American Conference of Governmental -8- [' BP_FR_00422975 Industrial Hygienists ACGIH It is impossible to now identify the initial source or recipients of such information The ACGIH's MAC's and TLV's have been generally accepted in the industrial hygiene community as _ representing appropriate conditions for the maintenance of safe working environment Prior to the formation of a formal Industrial Hygiene department in 1953 Industrial Hygiene principles were handled by the safety department Anyone involved in any dusty operation at any Amoco facility was required to wear respiratory protection Respirators were available at all locations Employees were required to attend safety program meetings to acquaint them with the dangers of exposure to materials involved in the workplace and the proper procedures to use and required equipment These meetings were weekly and were implemented starting in 1934. All contract personnel were required to follow Amoco Safety Regulations by contract Employee safety manuals describing safety measures were available The first manual was published in 1934. Respiratory protection programs required the use of respirators and masks when working with any material that released excessive dust into the workplace atmosphere The many Industrial Hygiene principles contained in the various Standard Oil of New Jersey reports the Bonsib Report produced litigation have always been practiced by Amoco INTERROGATORY NO 16 Had this defendant prior to 1973 received a copy or any portion of any studies and tests conducted by any insurance company including but not limited to Metropolitan Life Insurance Company and Aetna Insurance relating to asbestos exposure in the workplace or the human health consequences of exposure to asbestos If so A. Either 1 attach all documents evidencing the information sought in this Interrogatory and its subparts to your answers to these Interrogatories or 2 attach disks containing such data or 3 describe such documents with sufficient particularity that they may be made the subject of a request for production of such documents QU State the date upon which this defendant first received such documents State the identity of the custodian of such documents -9- BP_FR_00422976 BP_FR_00422976 D. This interrogatory does not apply to documents contained in a library maintained by a defendant hospital or defendant's library providing access to the general public ANSWER See Preliminary Statement and General Objections Defendant objects to this Interrogatory as it is vague ambiguous and unduly burdensome Without waiving said objection the many industrial hygiene principles contained in the various Metropolitan and Aetna reports produced in litigation have always been practiced by Amoco In addition please see response to Interrogatory No. 15 INTERROGATORY NO 17 Had this defendant prior to 1973 received any documents containing results or conclusions of any studies and tests conducted by any laboratory including but not limited to the Saranac Laboratory relating to asbestos exposure in the workplace or the human health consequences of exposure to asbestos If so A. Either 1 attach all documents evidencing the information sought in this Interrogatory and its subparts to your answers to these Interrogatories or 2 attach disks containing such data or 3 describe such documents with sufficient particularity that they may be made the subject of a request for . production of documents B. State the date upon which this defendant first received such documents C. State the identity of the custodian of such documents ANSWER See Preliminary Statement and General Objections Defendant . ' objects to this Interrogatory as it is vague ambiguous and unduly burdensome Without waiving said objection Amoco had and continues to have numerous departments responsible for the protection of human health Within each of those departments over the years Amoco has employed thousands of individuals It is impracticable to state whether any of those individuals received specific publications articles and or tests conducted by Saranac Laboratory In addition please see response to Interrogatory No. 15. Notwithstanding the above answering defendant's investigation to date demonstrates that it was not aware of Saranac tests or articles until they were published in the scientific community INTERROGATORY NO 18 Had this defendant prior to 1973 ever maintained a library or libraries which contained books articles periodicals journals and reference materials that related to the subjects of asbestos industrial hygiene medicine safety and occupational disease If so state A. The date each such library was established -10- BP_FR_00422977 B. The location of each such library C. The identity of each librarian or other person in charge of such library D. Identify each index maintained in the normal course of business prior to 1973 that lists the publications in each such library related to the aforementioned subjects ANSWER See Preliminary Statement and General Objections Objection as this Interrogatory is unduly burdensome At all times relevant to this lawsuit Amoco Corporation had a voluminous library Answering defendant does not know how long this library existed but believes it was established with the companies The libraries were updated periodically Additionally answering defendant states that generally each plant had some form of library It is unduly burdensome to identify the location of each librarian or the librarian of each one during the relevant time frame Historical documents located to date are produced Additionally Answering Defendant is unaware of indexes or lists of publications maintained in the normal course of business prior to 1973 still in existence INTERROGATORY NO 19 | With the exception of OSHA compliance had this defendant except for defendant that is an educational institution prior to 1980 exchanged documents or communicated with any person or other company expressly regarding the results of tests and or studies relating to asbestos exposure in the workplace or the human health consequences of exposure to asbestos If so state A. Each person or company with whom the information was exchanged or to whom it was communicated . B. C. D. The date of any such exchanges or communications The identity of the custodian of such documents Either 1 attach all documents evidencing the information sought in this Interrogatory and its subparts to your answers to these Interrogatories or 2 attach disks containing such data or 3 describe such documents with sufficient particularity that they may be subject or a request for production of such documents ANSWER See Preliminary Statement and General Objections Defendant objects to this Interrogatory as it is vague ambiguous and unduly burdensome Without waiving said objection at all times relevant to this lawsuit Amoco had numerous departments responsible for the protection of human health and the environment Within each of those departments over the years Amoco has employed thousands of individuals The hazards of asbestos exposure were communicated to employees and contractors through a number of different mechanisms It is impossible to state each person or company with which the information was exchanged -11- BP_FR_00422978 or communicated the dates of the communication and custodian of such documents Amoco has always been concerned about health of employees and contractors It is unduly burdensome for Amoco to list each and every safety measure utilized to reduce or eliminate human exposure to asbestos as they were numerous Amoco has always required that visitors contractors employees and facility employees be protected from potentially harmful materials in the workplace whenever a danger was recognized Industrial hygiene has been a formal concern of Amoco's Industrial Hygiene personnel since at least 1953. Industrial Hygienists made recommendations to contractors and visitors advising them of all perceived hazards Outside consultants assisted in Industrial Hygiene Surveys Prior to the formation of a formal Industrial Hygiene department . Industrial Hygiene principles were handled by the safety department The Industrial Hygiene Department of Amoco Corporation has been aware since its inception of the maximum allowable concentrations MAC and threshold limit values TLV of the American Conference of Governmental Industrial Hygienists ACGIH It is impossible to now identify the initial source or recipients of such information The ACGIH's MAC's and TLV's have been generally accepted in the industrial hygiene community as representing appropriate conditions for the maintenance of a safe working environment This information was published periodically Anyone involved in any dusty operation was required to wear respiratory protection Employees have been and are required to attend safety program meetings to acquaint them with the dangers of exposure to materials involved in the workplace and the proper procedures to use and required equipment These meetings are weekly Employee safety manuals describing safety measures were available Respiratory protection programs required the use of respirators and masks when working with any material that released excessive dust into the workplace atmosphere Answering defendant and its employees were involved in many different organizations which exchanged information on health and environmental issues -12- BP_FR_00422979 INTERROGATORY NO 20 Has any employee or designee of this defendant testified as a representative of this defendant before the Occupational Safety and Health Administration the National Institute of Occupational Safety and Health or any committee or subcommittee of the United States Congress relating to asbestos exposure in the workplace or the human health consequences of exposure to asbestos If so please state A. The entity before whom such testimony was given A. The date and location of such testimony The identity of the individual who so testified Whether any documents were presented to the entity before which testimony was given E. Whether copies of documents presented were retained by this defendant and if so state the identity of the custodian of such documents ANSWER See Preliminary Statement and General Objections Defendant objects to this Interrogatory as it is vague ambiguous and unduly burdensome As Answering Defendant has had numerous departments responsible for the protection of human health within each of those departments over the years Amoco has employed thousands of individuals in those departments Without waiving this objection no testimony for asbestos related OSHA violations from the relevant time period or relevant geographic sites has been identified to date INTERROGATORY NO 21 . Has this defendant conducted or caused to be conducted tests and studies of ambient asbestos dust created during the manufacture processing and assembling of asbestos containing products If so state A. Each manufacturing facility including location and address at which any such test and study was conducted B. The date of each such test and study C. The individual or entity conducting each such test and study D. Whether this defendant has any documents containing the results and or conclusions of each such study E. The identity of the custodian of such documents ANSWER See Preliminary Statement and General Objections Amoco Corporation was not in the business of manufacturing processing or assembling containing thermal insulation products \ -13- BP_FR_00422980 INTERROGATORY NO 22 Has this defendant conducteodr caused to be conducted any tests and studies on ambient asbestos dust levels at any location or job site where asbestos containing products were installed utilized or removed If so state address A. The location including name and study was conducted at which each such test and or The individual or entity conducting each such test and study C. The date of each such test and study Whether this defendant has any documents containing the results and conclusions of each such test and study E. The identity of the custodian of such documents ANSWER See Preliminary Statement and General Objections Defendant objects to this Interrogatory as it is vague ambiguous and unduly burdensome Without waiving this objection answering defendant states Amoco routinely conduced industrial hygiene surveys which included ambient asbestos dust levels Installation repair and removal of asbestos- containing thermal insulation procedures were also routinely monitored It is currently impracticable to identify each and every test and study conducted at the facilities at issue Documents and surveys located to date have been produced Investigation continues INTERROGATORY NO 23 Did this defendant have any laboratory or other similar type of facility anywhere in the United States at which it conducted or caused to be conducted any tests and studies of asbestos containing products or raw asbestos relating to the health consequences of asbestos or the dust generated by any use of asbestos or asbestos containing products If so state A. The location including name and address at which each such test and study was conducted B. The individual or entity conducting each such test and study C. The date of each such test and study D. Whether this defendant has any documents containing the results and or conclusions of each such test and study E. The identity of the custodian of such documents ANSWER See Preliminary Statement and General Objections Without waiving these objections Amoco Corporation was not in the business of manufacturing raw asbestos or containing thermal insulation products Amoco historically conducted industrial hygiene surveys both internally and with outside contractors A number of different labs were used usually noted on the surveys themselves Amoco's Naperville Lab tested for asbestos type on a number of occasions at the request of the -14- BP_FR_00422981 Industrial Hygiene Department As stated earlier there is no one custodian of record for answering defendant Documents located to date are produced See also Answer to Interrogatory No. 15 INTERROGATORY NO 24 Has this defendant made available to its employees a medical examination program to determine the absence or presence of asbestos illness disease If yes state A. | Whether chest rays or pulmonary function tests were part of such program B. Whether participation in any such program was a mandatory condition of employment or was voluntary C. Whether this defendant has documents of such program D. The identity of the custodian of such documents ANSWER | See Preliminary Statement and General Objections Each refinery had medical personnel Employees were offered medical examinations which includes testing for occupational exposure Defendant did establish an asbestos surveillance program Documents which pertain to individual medical records are confidential by law and cannot be produced without written authorization by that person The general policy documents are produced A. Yes B. Voluntary C. Yes D. Medical Department INTERROGATORY NO 25 Prior to 1973 did any person file a Workers Compensation claim for asbestos- related injury against this defendant or against any Workers Compensation insurance carrier which provided coverage for this defendant If so state the total number of such claims and for the first 20 such claims state | A. The date of such claim B. The name of the claimant C. The case number D. The court in which the claim was filed E. The identity of this defendant's custodian of documents evidencing such claims ANSWER Answering defendant was the parent company Compensation claims would be filed against the operating companies -15- BP_FR_00422982 INTERROGATORY NO 26 State whether you have controlled purchased or in any way acquired any controlling interest in any corporation or business entity which has mined manufactured produced processed compounded sold supplied distributed products in and otherwise placed raw asbestos or containing of commerce If so state in the stream A. The name address of said corporation or business entity B. The dates you controlled purchased or acquired any interest and C. The nature of the business as it pertains to asbestos ANSWER Answering defendant was the parent company of the subsidiaries Answering defendant was not an operating company INTERROGATORY NO 27 Between 1930 and present did you ever engage in any of the activities listed below with regard to containing products If so state the inclusive dates of such A. B. Importing Distribution Marketing D. Sale Labeling Manufacturing Brokering ANSWERANSWER Not applicable INTERROGATORY NO 28 If your answer to any subpart of Interrogatory No. 27 regarding asbestos containing products is in the affirmative state A. The trade brand name and generic name of each such asbestos containing product marketedin any form or quantity between 1930 and 1990 B. The date each such asbestos containing products was first placed on the market including the date each such asbestos containing products was first marketed 1 On an experimental basis 2 On a test basis 3 For sale C. The date each such asbestos containing product 1 Ceased to be produced or 2 Was recalled from the market if ever -16- be BP_FR_00422983 .D A detailed description of the chemical composition of each such asbestos containing products including the type and grade of asbestos and asbestos fiber contained in each such product and he quantitative percentage of asbestos or asbestos fiber in each such product and all nonasbestos components of the asbestos containing products and if the chemical composition changed over time the inclusive dates of each formulation E. A description of the physical appearance and nature of each such asbestos containing products including any color coding distinctive marking and logo either on the product or on the packaging F. A detailed description of the intended use of each such asbestos containing products including any temperature limits for each such use G. Whether any such asbestos containing products was on the U.S. Governments Qualified Products List and if so the inclusive dates it was on such list H. The name and address of the supplier of the raw asbestos or asbestos containing products that have at any time been sold shipped or otherwise distributed to any company including power company or utility governmental agency or entity shipyard distributor refinery contractor supplier manufacturer premise owner or occupant ship owner or other . premise or site in the geographic area If so state I. Whether you have any records indicating any such sale shipment distribution use or installation and if so the name address and job classification of each person who currently has possession of such records J. Either 1 attach all documents evidencing the information sought in this Interrogatory and its subparts to your answers to these Interrogatories or 2 attach disks containing such data or 3 describe such documents with sufficient particularity that they may be made the subject of a request for production of documents ANSWER Not applicable INTERROGATORY NO 29 At any time between 1930 and present did you hold a contractor's State of Illinois If so I. Identify each license by type date and number ANSWER Not applicable . license in the INTERROGATORY NO 30 Did any of the distributors identified in your Answer to Interrogatory No. 28 above . have an exclusive distributorship If so A. State the relevant time period for each such exclusive distributorship -17- BP_FR_00422984 B. Either 1 attach all documents evidencing the information sought in this Interrogatory and its subparts to your answers to these Interrogatories or 2 attach disks containing such data or 3 describe such documents with sufficient particularity that they may be made the subject of a request for production of documents ANSWER Not applicable INTERROGATORY NO 31 If you entered into any agreements for the rebranding of any asbestos containing products for resale or distribution by another person or entity describe each agreement's terms and the parties to said agreement the duration of the agreement and name of each product and or material covered by each such agreement ANSWER Not applicable _ INTERROGATORY NO 32 , If you entered into any agreements for the rebranding of asbestos containing products manufactured sold supplied or distributed by another person or entity for resale or distribution by you describe each of the agreements and the parties to said agreement the terms the duration and the names of each product and material covered by each such agreement ANSWER Not applicable INTERROGATORY NO 33 As to raw asbestos and to each such asbestos containing products listed in your responses to Interrogatory No. 28 did you warn of the health hazards of asbestos If so state for each such warning A. The content size color and location whether the warning appeared on the material and on the container and was placed on tag whether the warning was included in contracts whether the warning was included in advertising or other promotional materials State whether you have any photographs thereof D. The inclusive dates on which you used each such warning State all changes you made in such warnings and the dates of such changes and E. Identify the person most knowledgeable about your warnings and warning policy ANSWER Not applicable -18- BP_FR_00422985 INTERROGATORY NO 34 With respect to each of your asbestos containing products state whether this defendant's name a trademark logos color coding or other identifying markings ever appeared on the actual product itself If so identify each such product state ~ when the practice to place such identifying markings upon the product was begun and when it ended if applicable and describe in detail the pertinent marking and the purpose if any of such markings ANSWER Not applicable INTERROGATORY NO 35 Between the years 1930 and present did you purchase or otherwise acquire any asbestos containing product line or lines from another person or entity If so state for each such purchase A. Date of purchase or acquisition B. Terms of purchase or acquisition agreement C. Either 1 attach all documents evidencing the information sought in this Interrogatory and its subparts to your answers to these Interrogatories or 2 attach disks containing such data or 3 describe such documents with sufficient particularity that they may be made the subject of a request for production of documents D. Trade brand and generic name or each such product line so acquired E. Name of the person or entity from whom you purchase or acquired each such asbestos containing product line and F. Location of any manufacturing facilities so acquired and the type of asbestos containing products manufactured therein ANSWER Not applicable INTERROGATORY NO 36 Between the years 1930 and present did you sell any asbestos containing product line to another person or entity If so state for each such sale A. Date of sale B. Terms of sales agreement C. Either 1 attach all documents evidencing the information sought in this Interrogatory and its subparts to your answers to these Interrogatories or 2 attach disks containing such data or 3 describe such documents with sufficient particularity that they may be made the subject of a request for production of documents D. Trade brand and generic name of each such product line sold E. Name of person or entity to whom you sold each such asbestos containing product line and -19- BP_FR_00422986 F. Location of any manufacturing facilities so sold and the type of asbestos containing products manufactured therein ANSWER Not applicable INTERROGATORY NO 37 Identify all brochures pamphlets catalogs or other advertising relating to asbestos containing products and or raw asbestos which this defendant manufactursoeldd distributed or supplied from the year 1930 and present For each such document state A. A description of the document B. The year it was printed C. The period of time in which it was used D. The purpose of such document E. Whether the documents or copies of said documents presently exist F. If said documents or copies still exist where they are located and G. The identity of the custodian of such documents ANSWER Not applicable INTERROGATORY NO 38 State if you have or had within your corporate or other business structure any contract units also called installation contracting installer groups or divisions including subsidiaries divisions and successor corporations ANSWER Not applicable INTERROGATORY NO 39 If your answer to No. 39 is affirmative please state whether or not any of your contract units installed and removed raw asbestos and asbestos containing products in the state of Illinois at any time between 1930 and present If so A. State the business addresses and name of the contract unit B. State the inclusive periods of time the contract units were working in Illinois ANSWER Not applicable INTERROGATORY NO 40 When do you contend that you your subsidiaries your predecessors if any and your successors if any first became aware that there is an association between asbestos exposure and disease in human beings ANSWER See Preliminary Statement and General Objections It is impossible to formulate an answer to this Interrogatory as it fails to specify the -20- BP_FR_00422987 circumstances of exposure type of asbestos and other factors Individuals in the Industrial Hygiene Medical and Safety Department of Amoco were aware that under certain circumstances not believed present in the petrochemical industry exposure to very substantial quantities of asbestos over long periods of time could in some individuals cause asbestosis By 1934 Amoco provided respirators to prevent employee or contractor exposure to any dusty environments which included asbestos dust In the mid 1960's an awareness grew that under certain circumstances individuals exposed to asbestos containing products with underlying asbestosis had increased incidences of lung cancer The awareness grew from Dr. Selikoff's publications As late as 1968 Dr. Selikoff stated our findings suggested but did not prove that exposure to asbestos dust may lead to lung cancer Amoco was aware of Dr. Selikoff's work and monitored his progress Dr. Spies of Amoco's medical department attended Dr. Selikoff's 1964 presentation at the Academy of Science At some time during the mid to late 1960's this defendant became aware of an alleged connection between certain types of asbestos and mesothelioma under certain circumstances The first case report of mesothelioma in asbestos mines in South Africa was believed to be in the early 1960's It is denied that exposure to asbestos causes any other disease INTERROGATORY NO 41 ; How do you contend that you first became aware that there is an association between asbestos exposure and disease in human beings ANSWER See Answer to Interrogatory No. 40 INTERROGATORY NO 42 Either 1 attach all documents evidencing the information upon which your answers to Interrogatories No. 40 and 41 are based or 2 attach disks containing such data or 3 describe such documents with sufficient particularity that they may be made the subject of a request for production of documents ANSWER See Preliminary Statement and General Objections Without waiving these objections see produced documents -21- BP_FR_00422988 INTERROGATORY NO 43 Did you ever issue a written company policy discontinuing warning its employees that exposure to asbestos could be hazardous to human health If so A. Provide the date B. Describe the circumstances and C. Either 1 attach all documents evidencing the information sought in this Interrogatory and its subparts to your answers to these Interrogatories or 2 attach disks containing such data or 3 describe such documents with sufficient particularity that they may be made the subject of a request for production of documents ANSWER No. Answering defendant never discontinued warning any employee of any recognized danger in the work place INTERROGATORY NO 44 When did you first warn your employees that exposure to asbestos could be hazardous to human health State A. Whether the first such warning was written or oral B. Whether copies of documents containing such warning exist C. The identity of the custodian of such documents D. The content of the warning ANSWER See Preliminary Statement and General Objections Answering Defendant has always required that visitors contractors employees and facility employees be protected from potentially harmful materials in the workplace whenever a danger was recognized Amoco has always been concerned about health of employees and contractors It is unduly burdensome to list each and every safety measure utilized to reduce or eliminate human exposure to asbestos as they were numerous Amoco has always required that visitors contractors employees and facility employees be protected from potentially harmful materials in the workplace whenever a danger was recognized Industrial hygiene has been a formal department at Amoco since at least 1953. Industrial Hygienists made recommendations to contractors and visitors advising them of all perceived hazards Outside consultants assisted in Industrial Hygiene Surveys Prior to the formation of a formal Industrial Hygiene department Industrial Hygiene principles were handled by the safety department The Industrial Hygiene Department of Amoco Corporation has been aware since its inception of the maximum allowable concentrations MAC and threshold limit values TLV of the American Conference of Governmental Industrial Hygienists ACGIH It is impossible to now -22- BP_FR_00422989 identify the initial source or recipients of such information The ACGIH's MAC's and TLV's have been generally accepted in the industrial hygiene community as representing appropriate conditions for the maintenance of a safe working environment Anyone involved in any dusty operation was required to wear respiratory protection Respirators were made available to employees Employees have been and are required to attend safety program meetings to acquaint them with the dangers of exposure to materials involved in the workplace and the proper procedures to use and required equipment These meetings were weekly Employee safety manuals describing safety measures were available Respiratory protection programs required the use of respirators and masks when working with any material that released excessive dust into the workplace atmosphere See attached documents INTERROGATORY NO 45 Did you provide any independent contractor or subcontractor within Illinois or Northern Indiana with a written warning that exposure to asbestos could be hazardous to human health If so A. Either 1 attach all documents evidencing the information sought in this Interrogatory and its subparts to your answers to these Interrogatories or 2 attach disks containing such data or 3 describe such documents with sufficient particularity that they may be made the subject of a request for production of documents ANSWER Answering Defendant has always required that visitors contractors employees and facility employees be protected from potentially harmful materials in the workplace whenever a danger was recognized See Answer to Interrogatory No. 44 INTERROGATORY NO 46 Have you been cited for or otherwise charged by a public agency with a violation in Illinois of any statute ordinance safety order regulation or law pertaining to asbestos exposure ANSWER Not applicable INTERROGATORY NO 47 Directed to premises defendants only Did you install remove or handle or contract to have others install remove or handle raw asbestos or asbestos containing products at any premises in the -23- BP_FR_00422990 geographic area If your answer is in the affirmative please respond to the Plaintiffs premises specific interrogatories ANSWER Not applicable DEFENDANT B P AMOCO CORPORATION BY Pretzel & Stouffer Its Attorneys PRETZEL & STOUFFER CHARTERED Attorneys for Defendant BP BP Amoco Corporation One South Wacker Drive Suite 2500 Chicago Illinois 60606 312 346-1973 -24- 00422991