Document z29gED8jvLrRZ0EKEwNv35xB

PLAINTIFF'S EXHIBIT TPL-1 NO. 00-08154-A EVERETT RAY CLARK; SYLVESTER DEAN; and ROBERT A. HITCHCOCK v. GAF CORPORATION, INC., et al. IN THE DISTRICT COURT DALLAS COUNTY, TEXAS 14TM JUDICIAL DISTRICT Defendant's Designation of Trial Exhibits TO: All Plaintiffs identified as Plaintiffs in the Plaintiffs' latest Petition on file herein, by and through their attorney of record, D. Leanne Jackson, Baron & Budd, The Centrum, Suite 1100, 3102 Oak Lawn Avenue, Dallas, Texas 75219. COMES NOW, TEXAS POWER & LIGHT COMPANY, INC. (hereinafter referred to as "Defendant"), one of the Defendants in the above-entitled and numbered cause, and files this it's Designation of Trial Exhibits (hereinafter referred to as "Designation"). With respect to any and all designations identified herein. Defendant has not determined which exhibits will be used at time of trial. Defendant reserves the right to use or not use such exhibits based upon a determination by its lawyers as to whether the designation is duplicative, necessary, or unnecessary. Further, at the time of filing this designation, discovery in this case is ongoing. Therefore, Defendant reserves the right to supplement this designation, as additional information becomes available. Defendant Adopts all other Parties' Exhibit Lists Any and all exhibits which have been or may be designated by any Party to this lawsuit, both current parties and parties that were served and are no longer a part of this litigation, are also designated on behalf of Defendant. While designations by Plaintiffs or any other party may not be Defendant's designations, Defendant reserves the right to use each and every such designation. However, in so adopting the designations of the other Parties, Defendant expressly reserves its Defendant's Designation of Trial Exhibits 257127.1 302-2309 Page 1 objections to these designations, its disagreements and denial of the validity and correctness of the opinions set forth in their designations, and the admissibility of any information they may offer. In addition, Defendant does not agree to or waive its right to require all Parties to fulfill each requirement for admissibility of any exhibit as set forth under the Texas Rules of Civil Procedure. DEFENDANT'S EXHIBIT LIST 1. Report of the Sub-Committee on Threshold Limits - 1946. 2. Threshold Limit Values - 1950. 3. Thirteenth Annual Meeting of the American Conference of Governmental Industrial Hygienists -1951. 4. Joint Session of American Industrial Hygiene Association; April 1953. 5. Threshold Limit Values for 1954 - 1954. 6. Threshold Limit Values for 1955 - 1955. 7. Eighteenth Annual Meeting of the American Conference of Government Industrial Hygienists -1956. 8. Twentieth Annual Meeting of the American Conference of Governmental Industrial Hygienists - 1958. 9. Threshold Limit Values for 1959 - 1959. 10. Threshold Limit Values for 1960 - 1960. 11. Threshold Limit Values for 1961 - 1961. 12. Threshold Limit Values for 1962 - 1962. 13. Threshold Limit Values for 1963 - 1963. 14. Threshold Limit Values for 1964 - 1964. 15. Threshold Limit Values for 1965 - 1965. 16. Threshold Limit Values for 1966 - 1966. Defendant's designation of Trial Exhibits 257127.1 302-2309 Page 2 17. Threshold Limit Values for 1967 - 1967. 18. Threshold Limit Values of Airborne Contaminants for 1968 - 1968. 19. Threshold Limit Values of Airborne Contaminants Adopted by ACGIH for 1969 -1969. 20. Threshold Limit Values of Physical Agents Adopted by ACGIH for 1969 - 1969. 21. Threshold Limit Values of Airborne Contaminants and Intended Changes Adopted by ACGIH for 1970 - 1970. 22. Threshold Limit Values of Airborne Contaminants and Intended Changes Adopted by ACGIH for 1970 - 1970 (superseded). 23. Threshold Limit Values of Physical Agents Adopted by ACGIH for 1971 - 1971. 24. Threshold Limit Values of Airborne Contaminants Adopted by ACGIH for 1971 -1971. 25. Threshold Limits for Substance in Workroom Air Adopted by ACGIH for 1972 1972. 26. Threshold Limit Values for Chemical Substance and Physical Agents in Workroom Environment with Intended Changes - 1973. 27. Threshold Limit Values for Chemical Substances in Workroom Air Adopted by ACGIH for 1974-1974. 28. Threshold Limit Values for Physical Agents Adopted by ACGIH for 1974 - 1974. 29. Threshold Limit Values for Chemical Substances and Physical Agents in the Workroom Environment With Intended Changes for 1975 - 1975. 30. Threshold Limit Values for Physical Agents Adopted by ACGIH for 1975 - 1975. 31. Threshold Limit Values for Chemical Substances in Workroom Air Adopted by ACGIH for 1975- 1975. 32. Threshold Limit Values for Physical Agents Adopted by ACGIH for 1975 - 1975. 33. Threshold Limit Values for Chemical Substances and Physical Agents in the Workroom Environment With Intended Changes for 1976 - 1976. 34. Threshold Limit Values for Chemical Substances in Workroom Air Adopted by ACGIH for 1976- 1976. Defendant's Designation of Trial Exhibits 257127.1 302-2309 Page 3 35. Threshold Limit Values for Physical Agents Adopted by ACGIH for 1976 - 1976. 36. Threshold Limit Values for Physical Agents Adopted by ACGIH for 1977 - 1977. 37. Threshold Limit Values for Chejnical Substances and Physical Agents in the Workroom Environment With Intended Changes for 1978 - 1978. 38. Threshold Limit Values for Chemical Substances in Workroom Air Adopted by ACGIH for 1978- 1978. 39. Threshold Limit Values for Physical Agents Adopted by ACGIH for 1978 - 1978. 40. "Pulmonary Asbestosis" by W. E. Cooke - 1927. 41. "Health Practices" Pamphlet No. 4 by Warren A. Cook -1931. 42. "A Study of Asbestosis in the Asbestos Textile Industry" by W. Dreessen, et al.. Public Health Bulletin No. 241. 43. "A Health Survey of Pipe Covering Operations in Constructing Naval Vessels" by W. Fleischer, Philip Drinker (1946) Journal ofIndustrial Hygiene and Technology. 44. "The Industrial Environment, Its Evaluation and Control Syllabus" by Charles Powell, Andrew Hosey - 1965. 45. "Asbestos Exposure, Smoking and Neoplasia" by Irving Selikoff - 1968 Journal ofthe American Medical Association. 46. "Insulation Hygiene Progress Reports" by Irving Selikoff - Summer 1969. 47. "Insulation Hygiene Progress Reports" by Irving Selikoff - Winter 1969. 48. "Insulation Hygiene Progress Reports" by Irving Selikoff - Winter 1971. 49. "Insulation Hygiene Progress Reports" by Irving Selikoff - Winter 1972. 50. Occupational Health Regulations - No. 3 "Maximum Permissible Concentrations of Atmospheric Contaminants in Places of Employment" - as adopted by the Texas (State) Board of Health Effective July 1, 1958. 51. Occupational Health Regulations - No. 3 "Threshold Limit Values of Airborne Contaminants" - as adopted by the ACGIH in 1970 and formally approved by the Texas (State) Board of Health on March 7, 1971. Defendant's Designation of Trial Exhibits 257127.1 302-2309 Page 4 52. Partnership for Prevention - The Insulation Industry Hygiene Research Program" Irving J. Selikoff, M.D.; Industrial Medicine, Vol. 39, No. 4, April 1970. 53. OSHA up to Date, National Safety Counsel, Vol. XIII, No. 4, March 1984. 54. OSHA up to Date, National Safety Counsel, Vol. XIII, No. 6, May 1984. 55. OSHA up to Date, National Safety Counsel, Vol. XIII, No.7, June 1984. 56. OSHA up to Date, National Safety Counsel, Vol. XIII, No.8, July 1984. 57. OSHA up to Date, National Safety Counsel, Vol. XIII, No. 9, August 1984. 58. OSHA up to Date, National Safety Counsel, Vol. XIII, No. 10, September 1984. 59. OSHA up to Date, National Safety Counsel, Vol. XVIV, No. 5, April 1989. 60. OSHA up to Date, National Safety Counsel, Vol. XIX, No.5, April 1990. 61. OSHA up to Date, National Safety Counsel, Vol. XIX, No.6, May 1990. 62. The Work Environment of Insulating Workers; J. LeRoy Balzer and W. Clark Cooper, M.D.; AIHAJ; Division of Environmental Health Sciences, School of Public Health, University of California Berkeley, California 94726; May - June 1968 63. ASBESTOS; National Safety Council; 1973. 64. Industrial Hygiene for Insulation Workers; J. LeRoy Balzer, M.S.; Journal of Occupational Medicine; Vol. 10; January 1968. 65. Asbestos Control in Steam-Electric Generating Plants; Jack H. Fontaine and David M. Trayer; The Tennessee Valley Authority, Muscle Shoals, Alabama 35660. 66. ' Advisory to the Public on Asbestos in Buildings; United States Environmental Protection Agency, Washington, D.C., 20460; William K. Reilly. 67. Dusts That Harm - A descriptive summary of common industrial dusts according to physical characteristics and physiological effects; R. R. Sayers, M.D; Senior Surgeon and Chief, Division of Industrial Hygiene, U.S. Public Health Service. 68. Select Rules and Regulations; Federal Register, Vol. 36, No. 75, Saturday, April 17, 1971. Defendant's Designation of Trial Exhibits 257127.1 302-2309 Page 5 69. Occupational Exposure to Asbestos - criteria for a recommended standard....; U.S. Department of Health, Education, and Welfare; Public Health Service; Health Services and Mental Health Administration; National Institute for Occupation Safety and Health; 1972. 70. OSHA up to Date, National Safety Counsel, Vol. XIX, No. 7, June 1990. 71. Transactions of the Twenty-Seventh Annual Meeting of the American Conference of Governmental Industrial Hygienists; Houston, Texas, May 1-5, 1965 -- Asbestos Study - Procedures and Findings - Jeremiah R. Lynch, Division of Occupational Health, U.S. Public Health Service, Department of Health, Education, and Welfare, Cincinnati, Ohio. 72. Asbestos and Health in 1969, George W. Wright; American Review of Respiratory Disease, Clinical and Laboratory Studies of Tuberculosis and Respiratory Disease, October 1969, Volume 100, Number 4. 73. Asbestos: Airborne Danger; Target Health Hazards; May-June 1972; U.S. Department of Labor, Occupational Safety and Health Administration. 74. Occupational Hazards of Pipe Insulators, William T. Keane, M.S. and Mitchell R. Zavon, M.D.; Arch. Environ. Health - Vol. 13, Aug 1966. 75. Research on Health Effects of Asbestos, Lewis J. Cralley, Ph.D., W. Clark Cooper, M.D., William S. Lainhart, M.D. & Murray C. Brown, M.D.; Journal of Occupational Medicine, January 1968, Volume 10. 76. Documentation of the Threshold Limit Values and Biological Exposure Indicies, Sixth Edition; 1991; American Conference of Governmental Industrial Hygienists, Inc., Cincinnati, Ohio, with Charts. 77. A Nation Challenged: The Air Quality; Contaminants Below Levels for LongTerm Concerns; The New York Times, Thursday, October 11, 2001. 78. Johns-Manville-Product Information; J-M Thermobestos-Scored Block Insulation. 79. R&I Ribestos Pipe Insulation-Positive Single Layer Protection Up To 1200F; Heat Insulating Materials. 80. "Insulation Hygiene Progress Reports" by Irving Selikoff- Spring 1975, with Charts. 81. Letter from Bill Hanes to American Electric Power Service Corporation dated 11/14/72 Defendant's designation of Trial Exhibits 257127.1 302-2309 Page 6 82. A preliminary overview of several occupational health aspects of electric power generation at fossil-fueled facilities by Joseph D. Green presented at American Industrial Hygiene Conference May 27-June 1,1979 - Chicago, Illinois 83. Industrial Hygiene Issues Concerns for an Electric Utility by Joseph D. Green presented at the Texas Safety Association 41st Annual Safety Conference at Exposition - March 16-19, 1980 - Dallas, Texas 84. Exposure to Airborne Asbestos Fibers During Electric Power Generating Station Maintenance/Repair Activities by Joseph D. Green and Susan M. Raterman presented at American Industrial Hygiene Conference - June 6-11, 1982 Cincinati, Ohio 85. NIOSH-Health Hazard Evaluation Determination - Nixon Power Plant Colorado Springs, Colorado - December 1978 86. NIOSH-Health Hazard Evaluation Determination Report - Shoreham Nuclear Power Plant - February 1980 87. NIOSH-Health Hazard Evaluation Report - City of Ames Municipal Power Plant -May 1988 88. Analysis of Fiber and Release from Certain Asbestos Products Prepared for the U.S. Environmental Protection Agency Office of Pesticides and Toxic Substances Chemical Control Division by GCA Corporation, GCA/Technology Division Bedford, Massachusetts - December 1982 89. Asbestos Related Health Hazards Among Power Plant Workers; Y. Lerman, A. Finkelstein, Y. Levo, M. Tupilsky, Mimi Baratz, A. Solomon, G. Sackstein; British Journal of Industrial Medicine, April 1980, 47 No. 6: 281-282. 90. Asbestos Exposure in a Steam-Electric Generating Plant; G. Scansetti, E. Pria, G. C. Batta, M. Turbiglio and G. Piolatto; The Annals of Occupational Hygiene, Volume 37, No. 6, December 1993, Pages 645-653 91. ~ Lung-Function Reference Values from Victorian Power-Industry Workman by Ross Lazarus - The Medical Journal of Australia - August 7, 1982 - Page 121124 92. Cancer Control in the Workplace: Examples from the Utility Industry by Leonard A. Sagan and Chris G. Whipple - Published in Reducing the Cause of Hygienic Risks in the Industry - 1984 93. Federal Asbestos Guidance and Regulation: A chronology by Barbara L. Epstein, and William H. Spain published in Environmental Choices, Volume 5, No. 1, Winter 1996 Defendant's Designation of Trial Exhibits Page 7 94. 95. 96. 97. 98. 99. 100. 101. 102. 103. 104. 105. 106. 107. Documentation of the Threshold Limit Values and Biological Exposures In Disease, 6th Edition 1991 - American Conference of Governmental Industrial Hygienists, Inc. Safety Survey Results - Health Hazard Identification Matrixes - September 1978; Published in the National Safety Counsel Public Utilities Section Safety Rules for an Electric Utility prepared by the Safety Committee of the American Public Power Association - 1963 Asbestos: Information edited by Richard J. Levine, M.D. - Published by the U.S. Department of Health, Education and Welfare, Public Health Service and National Institutes of Health - May 1978 Industrial Hygiene Studies of TVA Workers in Coal Fired Power Plants prepared by the Safety and Industrial Hygiene Branch; Tennessee Valley Authority, Division of Occupational Health and Safety, June 1981 Safety Survey Results-Asbestos Use and Control - Published by the National Safety Counsel Public Utility Section - March 1984 Identification and Control of Asbestos Exposures by Lewis J. Cralley, PhD, American Industrial Hygiene Association Journal, Volume 32, No. 2, Pages 8285; February 1971 A Guide to the Work-Relatedness of Disease, Stanley Kusnetz, M.S., Marilyn K. Hutchison, M.D. editors - Published NIOSH in January of 1979 Asbestos Exposure, What It Means, What To Do - Published by the National Cancer Institute -1982 Work - Related Lung Disease Surveillance Report - Published NIOSH -- October 1991 Occupational and Disease in California - Published by the State of California Department of Health - Occupational Health Branch - 1975 Occupational Injuries and Illnesses in the United States by Industry, 1977; Published by United States Department of Labor in January 1980 Occupational Injuries and Illnesses in the United States by Industry, 1989; Published by the United States Department of Labor in April 1991 R & D Status Report-Energy Analysis and Environment Division; Rene Males; EPRI Journal - May 1979, Pages 59-60 Defendant's Designation of Trial Exhibits 257127.1 302-2309 Page 8 108. 109. 110. 111. 112. 113. 114. 115. 116. 117. 118. 119. 120. 121. 122. Occupational Health Considerations in a Public Utility; James M. Degen; Published by the National Safety Counsel - Public Utilities, 1976 National Safety Congress Transactions, Volume 20, Pages 7-12 Occupational Medicine and Safety in the Utility Industry, H. E. Tebrock, M.D. and H. E. Dickson, M.D.; National Safety Congress Transactions - Public Utilities, 1969 Volume 20, Pages 19-22 Utility Health-and-Safety Spending Tips; The Management Report - Electrical World, September 1, 1979 - Page 25-27 Utilities Lead in Health, Safety Spending; Electrical World, July 1981 - Volume 195, No. 7, Pages 57-58 Occupational Safety and Health Administration Proposed Standards for Occupational Exposure to Asbestos; Occupational Safety and Health Reporter 1975 Winning a Battle to Control Workplace Asbestos - Jim Weidman, Job Safety and Health, April 1978, Pages 15-19 Asbestos Control In Steam-Electric Generating Plants; Jack H. Fontaine and David Trayer; American Industrial Hygiene Association Journal, February 1975, Pages 126-130 Asbestos: Airborne Danger - Reprinted from Safety Standards - May-June 1972 by the U.S. Department of Labor Occupational Safety and Health Administration OSHA Emergency Temporary Standard Reducing the Permissible Asbestos Exposure Limit - 48 FR 51086, November 4,1983 Health Hazards Evaluation Report, Published by NIOSH-HETA, pp. 81-112, 1372, Culley Generating Station, Yankey Town, Indiana, September 1983 `Occupational Safety and Health Administration Proposed Standard on Workplace Exposures to Asbestos; 49 FR 14116, April 10, 1984 Criteria for a Recommended Standard.... Occupational Exposure to Asbestos; NIOSH 1972 Various photographs of the construction of unit 1 of the Valley Power Plant. Various photographs of the construction of unit 2 of the Valley Power Plant. Various photographs of the construction of unit 3 of the Valley Power Plant. Defendant's Designation of Trial Exhibits 257127.1 302-2309 Page 9 123. Various photographs of the construction of unit 2 of the Stryker Power Plant. 124. Various photographs of the construction of unit 1 of the Tradinghouse Power Plant. 125. Medical Records of Robert A. Hitchcock from Veterans Administration Medical Center; Physician Dena M. Wilson; Exam Date October 22, 2001. 126. Medical Records of Robert A. Hitchcock from Veterans Administration Medical Center; Physician Dena M. Wilson; Exam Date September 24, 2001. 127. Medical Records of Robert A. Hitchcock from Dr. Lee. 128. Any and all medical records from Plaintiffs medical providers at any time. However, in making this designation. Defendant expressly reserves its objections to the admissibility of such records. 129. The History of OSHA's Asbestos Rulemakings and Some Distinctive Approaches that They Introduced for Regulating Occupational Exposure to Toxic Substances; U.S. Dept, of Labor, 200 Constitutional Ave., NW, Washington, DC 20210; AIHAJ (62); March/April 2001. 130. Any and all exhibits which have been or may be designated by any Party to this lawsuit or the Dallas County In Re: All Asbestos-Related Personal Injury or Death Cases Filed or to be Filed in Dallas County, Texas, both current parties and parties that were served and are no longer a part of this litigation, are also designated on behalf of Defendant. While designations by Co-Defendants or any other party may not be Defendant's designations, Defendant reserves the right to use each and every such designation. However, in so adopting the designations of the other Parties, Defendant expressly reserves its objections to the admissibility of the exhibits and its disagreements and denial of the validity and correctness of these exhibits. Defendant's Designation of Trial Exhibits 257127.1 302-2309 Page 10 Respectfully submitted. 3100 Lincoln Plaza 500 N. Akard Dallas, Texas 75201-6697 Tel: 214/740-3100 Fax: 214/740-3125 ATTORNEYS FOR DEFENDANT TEXAS POWER & LIGHT COMPANY, INC. CERTIFICATE OF SERVICE The undersigned certifies that a true and correct copy of the foregoing instrument has been served upon counsel for Plaintiffs via: CERTIFIED MAIL/RETURN RECEIPT REQUESTED TELEPHONIC DOCUMENT TRANSFER (FAX) FEDERAL EXPRESS/EXPRESS MAIL COURIER/RECEIPTED DELIVERY HAND DELIVERY (IN PERSON) Defendant's Designation of Trial Exhibits 257127.1 302-2309 Page 11