Document zdoqgyoDQ9ryyV0BbMne7VmZ6

A/C Pipe Producers Association Public Affairs Committee International Affairs Committee $& ---------------- J. F. Welch, Director, Public Affairs August 18, 1981 DATE State of Connecticut - Petition for Declaratory Ruling on A/C Pipe REF: JFW correspondence, same title, July 21,1981. ACTION REQUIRED: Review for information Enclosed is correspondence submitted by special counsel requesting that the Commissioner of Health Services suspend ruling on industry's application until such time as the NIEHS study has been completed and can be reviewed and evaluated. Also enclosed is a news article on the meeting held between special counsel, the intervenors (Connecticut Fund for the Environment) and the Commissioner. If you have any questions, please do not hesitate to call. JFW/ajb Enclosure cc: A. Kahn, Esq. N. Rahn, Esq. N. Battle AIA/NA Asbestos International Association Asbestos Institute Special Counsel (4) Kirkland & Ellis copies to: Public Affairs Committee International Affairs Committee H. Olson B. Cook I, Adams > vw. Perrell J. Woods J. Baker T. Dougherty D. Stinson W. McCallie B. Collier R. Dorner E. van der Rest B. Giboin C. Walters R. Hobbs A. Saoulis R. Jalan V. Pattabhi H. Hudson C. Barton S. Al-Tarkait HEGA/4 Chrono CAPCO JEN 0013206 .v**,f^*.** Meeting on Asbestos Pipe Criticized *' By STEVE GRANT Courant Staff Writer ; : An environmental group complained of coziness between regulators - and industry Thursday when it learned state Health Services Commissioner Douglas S. Lloyd was about to meet privately with a manufacturer inter- ' ' ested in a pending regulatory decision by Lloyd. The decision concerns whether to continue a state ban on the future use of asbestos-cement pipe in water sup ply systems. 1 > The Connecticut Fund for the Envi.. ronment, a formal participant in hear- ; ings on the industry's request to lift the ban, complained after the meeting that by law it should have been invited. Daniel Millstone, a staff lawyer for the environmental group, was tipped offto the meeting between Lloyd and Brandon Hickey, a lawyer for pipe- makers. He arrived uninvited at Lloyd's office as the meeting was about to begin, and Lloyd allowed him to attend. . The fact that the session had been planned as a private one demonstrated "the overcoziness of the regulated in terests with an economic stake and the regulators," said Fred Krupp, another lawyer with the environment fund. Lloyd said he had not intended to deceive the environmentalists. The meeting's sole purpose was to hear the industry's request for him to delay his decision, he said. . "This was not a hearing on the mer its, nor was it an appeal of the deci sion," Lloyd said. "It was a question (of) whether I decide now or later." A panel of experts recently recom mended to Lloyd that he continue a ban on future use of the water pipes because it cbuld not be proven that as bestos does not.present a public health hazard. About 800 miles of the pipe are in use in 80 Connecticut municipal ities. * * Hickey acknowledged that he had asked Lloyd at the meeting to delay his decision until results of laboratory, tests on the effects of ingesting asbes-' tos become available. Hickey referred other questions to an industry spokes man, who was unavailable. Lloyd, who said he had not handled " invitations to the meeting, said state lawyers told him after the session that the question of the environmental group's right to attend hinges on whether it is a party to the action or an intervenor. The environmental group said it is a party to the proceeding, and thus was entitled to attend. It cited a section of state statutes that says the state must not communicate'with one side in a contested case without offering to in clude all other parties. During the meeting Lloyd gave both sides .two weeks to supply him with any written comments they wish to make on the request to delay his deci sion. CAPCO JEN 0013207 JOHN S. MURTHA MMLLIAM M. CULL1NA DONALO R. RICHTCR >DnCY O. R1NNCV, JR. J. RCAD WALTER R. CRirrtN* JAMC3 LYON JOHN J. MCGRATH RANOON J. HICKEY ocorrRcv w. nclson RUS3CLL L. 0RCNNCMAM JOHN C.TAVIS. JR. JOHN C. StLLtMAN ARTHUR B. LOCKC HARVCV S. LCVCNftON LEWIS SCOAL** OAVID C. ANDERSON WfLLARO r. RINNET, JR. TIMOTHY L.LAROAY RCTCR <2.6'Lt<N THOMAS M. CLOHERTY MUCH A. MeGCC* JR. JOHN M. OtCYCR TRANOlS J. ORAOY OwlOKT A. JOHNSON A PROFESSIONAL corporation ON LEAVE MOTlTBuY, C1XL.X.XN0Y. RICnTEll AND 1'IXVEV loi PEARL STREET P. O. BOX 3197 HARTFORD, CONNECTICUT 06103 TELEPHONE: (203) sao-asoo July 30, 1981 WATcneunr orncc flRST rCDERAL PLAZA WATtRBURr. CONNECTICUT 06>02 TELCPHONE (2031 755*1106 UIST M. ANOCRSON COVNIU BARRY rCLOMAN JOHN T. OCL NEGRO WILLIAM J. KEENAN, JR. ROBCRT K.BCC* SUSAN S. fCLTUS Stephen r. pRirrtN H. RCNNCOY HU3HCR MARK r. KORBER ROBCRT A. WHITE LtSSA J. PARIS SUSAN M. BABCOCK CANOACC A. CLARA MAROARCTTA f. SEC* Douglas S. Lloyd,M.D., M.P.H. Commissioner Department of Health Services 79 Elm Street Hartford, Connecticut 06115 Re: Declaratory Ruling on t Asbestos-Cement Pipe Dear Commissioner Lloyd: We have reviewed the Hearing Panel's proposed Memorandum of Decision, which you forwarded'to us on July 10, 1981. It is our position that the facts adduced at the Hearing fully support a determination on your part that the use of asbestos cement pipe in Connecticut's water supply systems does not create a public health hazard. It appears, however, from the proposed Memorandum of Decision that the Hearing Panel considered the results of some animal feeding studies to be "equivocal" (paragraphs 5 and 12). The Hearing Panel expressed the opinion that . the preliminary results of a massive feeding study being conducted by the National Institute for Environmental Health Sciences ("NIEHS") under the sponsorship of the Environmental Protection Agency "is of n assistance to this panel since it is not published final data which has withstood peer review." (paragraph 13) The NIEHS feeding study is the most extensive ever carried out to assess the effect of the ingestion of asbestos fibers on animals. We expect that it will receive acceptance in the scientific community as the foremost study on the subject when it is completed and subjected to peer review. As you know, the preliminary findings of this study have not shown any cause and effect relationship between the ingestion of asbestos and cancer. Moreover, the entire subject of the use of asbestos cement pipe in potable water systems, along CAPCO JEN 0013208 mitotixa, ccilisa, nicnTKR ajnx> vxxxky Douglas S. Lloyd, M.D., H.P.H. July 30, 1981 Page 2 - with other uses of asbestos, i3 presently before the federal Environmental Protection Agency. Accordingly, we request that you defer ruling on the pending application until such time as the NIEHS study has been completed and can be reviewed and evaluated. At that time we would expect to reactivate the application and either file exceptions to the proposed Memorandum of Decision or request that the matter be remanded to the Hearing Panel so that further facts may be found. We would reserve our right, pursuant to Section i*--179 to file exceptions to the proposed Memorandum of Decision and to submit briefs and present oral argument with respect thereto until such time as we request that the application be reactivated. Of course, in the interim, the statutory moratorium on the use of asbestos cement pipe for water supply systems would remain in effect. Should you decline to defer the matter, we request two weeks following your decision to file exceptions to the proposed Memorandum of Decision and a brief in support thereof. The hearing required by Section 4-17f) could be scheduled at your convenience following submission of the exceptions and brief. Very respectfully yours, Applicants By Murtha, Cullina, Richter and Pinney 101 Pearl Street, P. 0. Eox 3197 Hartford, Connecticut 06103 Telephone (203) 549-4500 Their Attorneys V CAPCO JEN 0013209