Document 6bQ1LZkoRJBqOdObMb1r13z0m

IN THE DISTRICT COURT 319th JUDICIAL DISTRICT NUECES COUNTY, TEXAS OMERO MENDOZA and ADELINA MENDOZA, et al., Plaintiffs, v. Case No. 93-4110-G Hon. A. C. & S., INC., et al., Defendants. Deposition upon written questions of BARBARA'I. FEENY, a Witness herein taken by Owens - Corning Fiberglas Corporation pursuant to Rule 208 of the Texas Rules of Civil Procedure, taken before Patricia J. Cooper, Registered Professional Reporter, Notary Public in and for the State of Ohio, at Owens - Corning Fiberglas Corporation, Document Center, 801 Washington Street, Toledo, Ohio, on Wednesday, January 3, 1996, commencing at 1:25 p.m. SEAGATE REPORTING SERVICE, 405 Madison Avenue, Suite Toledo, Ohio 43604 (419) 241-2070 INC. 900 2 1 APPEARANCES: 2 On behalf of Defendant OCF: 3 OWENS - CORNING FIBERGLAS CORPORATION: William J. Burns, Jr. 4 2790 Columbus Road, Route 16 Granville, Ohio 43023-1200 (614) 321-8130 5 6 Also present: Susan M. Irwin 7 8 BARBARA I. FEENY, 9 being first duly sworn, as hereinafter certified, 10 testified and said as follows: 11 MR. BURNS: Okay, this is a 12 deposition on notice, and for' purposes 13 of;this proceeding, Susan M. Irwin for 14 Barbara Feeny is going to be writing the 15 answers on the written questions, and 16 Barbara Feeny1s answers are also being 17 transcribed by the court reporter, so we 18 will have multiple transcripts of this 19 proceeding. 20 I was informed today by Jeff Mundy, 2 1 who is counsel for OC in this matter, or 22 at least as far as Bean & Manning is 23 concerned, that there were no written 24 questions propounded by other parties in 25 this action and, therefore, we will go 3 1 simply on the written questions which 2 were previously propounded and sent to 3 all counsel in this matter on December 4 15, 1995, by William J. Cozart of the 5 firm of Bean & Manning. 6 7 DIRECT EXAMINATION 8 A Number 1, Barb Irene Feeny, F as in 9 Frank-e-e-n-y. 10 Q Number 2? 11 A Oh, number 2, Owens - Corning, Toledo, Ohio. 12 Number 3, Owens - Corning. Job title is records 13 management administrator, and the duties are 14 preparing retention schedules. 15 Q 4? 16 A 22 years. 17 Q 5? 18 A Yes. 19 Q 6? 2 0 A Yes. 2 1 Q 7? 22 A January 3, 1996. 23 Q 8. Due to the blizzard conditions that have 2 4 existed over the last day, copies of these 25 exhibits were prepared at our library in 4 1 Richmond, Virginia, by the law firm of Wright 2 Robinson. They were Federal Expressed and they 3 are someplace at the moment between Memphis and 4 Toledo and will not arrive in Toledo until 5 sometime tomorrow. At that time they will be 6 provided to the court reporter. 7 9 -- can we go back to 8, I'm sorry. 8 Barbara Feeny has in front of her an entire set 9 of Owens - Corning exhibits which she has reviewed 10 and which she is reviewing during this 11 deposition, although copies of this will not be 12 made and given to the court reporter. A set of 13 the referenced exhibits will be given to the 1 4 court reporter tomorrow. 15 Q 9 ? 16 A Yes. I have before me true and accurate copies 17 of these documents. 18 10? 19 Yes . Number 11, yes . Number 12 , yes . Number 2 0 13 , yes . 14 , yes . 15, yes . 16, yes . 17, yes. 2 1 18, yes . 19, yes . 20 , yes . 21, yes . 22, yes. 22 23 , yes . 24, yes . 25, yes, 26 , yes . 27, yes, 23 28 , yes . 29, yes . 30 yes . 31, yes. 32, yes. 24 33 , yes . 34, yes.. 35, yes . 36, yes . 37, yes. 25 38, yes . 39, yes . 80. Was OCF Exhibit OCF-20 dated January 1, 1946 and bearing Bates Stamp Numbers 01 501 0140.00 - 01 501 0160.00 found in a place where, if authentic, it would likely be? 81. Is OCF Exhibit OCF-20 dated January 1,1946 and bearing Bates Stamp Numbers 01 501 0140.00 - 01 501 0160.00 in such condition as to create no suspicion concerning such document's authenticity? 82. As of the date of this deposition, has the original of OCF Exhibit OCF-20 dated January 1, 1946 and bearing Bates Stamp Numbers 01 501 0140.00 - 01 501 0160.00 been in existence twenty years or more? > 83. Was OCF Exhibit OCF-21 dated January 21, 1946 and bearing Bates Stamp Numbers 01 501 0174.00 - 01 501 0175.00 found in a place where, if authentic, it would likely be? 84. Is OCF Exhibit OCF-21 dated January 21, 1946 and bearing Bates Stamp Numbers 01 501 0174.00 - 01 501 0175.00 in such condition as to create no suspicion concerning such document's authenticity? 85. As of the date of this deposition, has the original of OCF Exhibit OCF-21 dated January 21, 1946 and bearing Bates Stamp Numbers 01 501 0174.00 - 01 501 0175.00 been in existence twenty years or more? 86. Was OCF Exhibit OCF-22 dated January 24, 1946 and bearing Bates Stamp Numbers 01 501 0161.00 - 01 501 0170.00 found in a place where, if authentic, it would likely be? 12- STATE OF OHIO Legal Requirements for the Prevention and Control of Industrial Public Health Hazards Division of Industrial Hygiene o:-::o department of health Columbus. Ohio 1946 \ 01501 0141 01 SOI 0112 INVESTIGATION OF VIO LATIO NS v-- _ cn - .S a - 0 z 1 L. O H <U ZU 2 > U O o U! 2 CS 3 Ui y < & z o ---- <u. 2 z o Z < 3 62 c Si 2 H JZZ v>. cr c ou Z u5 -zZZ ; l. * os CH !T " w >,j Sc-- O iA O <c V >s c * c V cr. -4~, Viuc/-;. uC / ^ -- zi VX *-- 2= z'% i fi ? 2 i--' 2 *>. ---<-*f ***r JC -"*;! 5 = -*!"" 5. 5 ?k * i j -- -s c. *' 2v - -- <,* ^v -S -- >s c *:r v _ v-- <v=. 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"C -C C %C C *- 2, C21 --v =- --~ 2:5 2. 7. = |s - V~ 22 u 5 ft s 6 c .2 sS 2 5.V < V. WV y. -- (/> S (5 v, D 2 < y H t/: D < <= S s ij y. ;_ y. 3 < 2 . 55-S 4* ^ ~ CSS 5|3 ^ s * L3 O o m It < II Ir *~ X l: . Regulation 253. ic-amtztion and u'.eznime;- : Ma mtenanee The uiteriors. exteriors aim envs:-.---- bncontribute to a harmful exposure to -.'.inch these r-.gui;.;:.-.n- a~?;v shah be cleared and maintained ;n inch coudit: n .>. d! proven; harmful exposure as set forth :n Regulation jar > 2Gearing: When to be Done: Geaning dial'. be done such ttme of day or night as will cause a minimum of exnoure "f employees. Employees engaged in cleaning operations and all others who may be exposed shall wear approved respiratory equipment unless such cleaning is done by means of suction apparatus. capable of preventing harmful exposure Regulation 2*4. (Warning of Health Hazards 1 In all places u 1 employment where harmful exposures exist from iniective agents in materials used, from toxic dusts, fumes, mists, vapors or gases and from heat, radiation, humidity, radioactive material or any other injurious substance or cause, the employer shall call attention to such hazards, and shall periodically instruct all employees regarding the harmful exposures connected with their duties and the best pre ventive measures and methods to protect themselves therefrom Regulation 235. (Violation;. A violation of any of the pro visions of the foregoing regulations, or failure to comply with any orders made pursuant thereto by the Ohio Department of Health, shall subject the persons so violating or failing to comply tn the penalties provided by law Regulation 256. 1 Interpretation 1 It am- of the foregoing : egiilattons -dull ne held to b unlawful, such holding shall not affect tne* validity of any ocher of the foregoing regulation- 4 * 20 01 501 0160 R E G U LA TIO N S FOR T H E P R E V E N T IO N A N D C O N TR O L OF DISEASES RESULTING FROM EXPOSURE TO TO XIC FUMES, VAPORS, MISTS, GASES AND DUSTS IN ORDER TO PRESERVE AND PRO- THE 6A8COCK & WILCOX COMPANY 1K2319 POWER GENERATION GROUP 3Y-4Y 4 1/6-21-73 INTEGRAL-FURNACE BOILERS - TYPE FU INSULATION 4 REFRACTORY Insulation and refractory materials are listed and applied on construction drawings included in the 4A37 section of this Standard. Insulation material between outer and inner casing, or between lagging and boiler enclosure tubes is Owens-Corning Type TIW Fiberglas (approximate density 1.08 Ib/cu ft). Thickness is as follows: Boiler FM-9, FM-10, FM-101 Design Pressure to 700 psi 701 to 1050 psi Thickness 3" compressed to 2" 4" compressed to 2 l/2" FU-103, FU-106,FM-117, Eli-120 to 1050 psi 4" compressed to 2 l/2" Insulation' on drum heads is not a standard, but is available as a contract extra. Lower drum heads cannot be shop insulated on FU-103, FM-106 , Eli-117 and FM-120 due to requirements of jacking, tie down or towing. For furnace access door, refer to 69130A. CONFIDENTIAL 3 THE BABCOCK & WILCOX COMPANY 1K2319 BOILER DIVISION 3Y-4Y -4* 1/8-17-70 INTEGRAL-FURNACE BOILERS - TYPE FM INSULATION & REFRACTORY : Insulation and refractory materials are listed and applied on construction drawings included in the 4A37 section of this Standard. Insulation material between outer and inner casing, or between lagging and boiler enclosure tubes is Owens-Corning Type TIW Fiberglas (approximate density 1.08 lb/cu ft). Thickness is as follows: Boiler FM-9, FM-10, FM-101 Design Pressure to 700 psi 701 to 1050 psi Thickness 3" compressed to 2" 4" compressed to 2 1/2 FM-103, FM-106, FM-117,. EM-120 to 1050 psi 4" compressed to 2 l/2 Insulation, on drum heads is not a standard, but is available as a contract 4 extra. Lower drum heads cannot be shop insulated on FM-103, FM-106 , EM-117 and FM-120 due to requirements of jacking, tie down or towing. CONFIDENTIAL THE BABCOCK & WILCOX COMPANY BOILER 01 VIS ION ^.^7 c/V INTEGRAL-FURNACE BOILERS - TYPE FM INSULATION 4 REFRACTORY 1K2319 3Y-4Y 1/5-28-68 Insulation and refractory materials are listed and applied on construction drawings included in the 4A37 section of this Standard. Insulation material between outer and inner casing, or between lagging and boiler enclosure tubes is Owens-Corning Type TIW Fiberglas (approximate density 1.08 Ib/cu ft). Thickness is as follows: Boiler FM-9, FM-10, FU-101 Design Pressure to 700 psi 701 to 1050 psi Thickness 3" compressed to 2" 4" compressed to 2 1/2 FM-103, FM-106, FM-117 to 1050 psi 4" compressed to 2 l/2 Insulation on drum heads is not a standard, but is available as a contract extra. Lower drum heads cannot be shop insulated on FM-103, Hi-106 and FM-117 due to requirements of jacking, tie down or towing. CONFIDENTIAL THE BA8C0CK & WILCOX COMPANY !\ BOILER DIVISION "v 1K2319 3Y-4Y +- 1/12-8-67 INTEGRAL-FURNACE BOILERS - TYPE FM INSULATION & REFRACTORY Insulation and refractory materials are listed and applied on construction drawings 75569E, 75570E, 75571E, 75572E, 75814E, and 75815E which are included in the 4A37 section of these Standards. Wall insulation material is Owens-Corning Type TIW Fiberglass (approximate -v- density 1.08), thickness as follows: _ To 700 psi -- 3" compressed to 2" (one layer). 701 to 1050 psi - 4" compressed to 2-1/2" (two layers). CONFIDENTIAL THE BABCOCK & WILCOX COMPANY /^' BOILER DIVISION i' ... INTEGRAL-FURNACE) BOILERS - TYPE Fti ' ' 1K2319 3Y-4Y 1/6-18-64 INSULATION 4 REFRACTORY Insulation and refractory materials are listed and applied on construction drawings 75569E, 75570E, 75571E, 75572E, 75814E, and 75815E which are included in the 4A37 section of these Standards. Wall insulation nsterial is Owens-Corning Type TWF Fiberglass (approximate density 2.5), thickness as follows: To 700 psi - 3" compressed to 2" (one layer). 701 to 1050 psi - 4" compressed to 2-1/2" (two layers). confidential