PERRINE V. DU PONT DE NEMOURS AND COMPANY SETTLEMENT
Below, please find a summary of Settlement milestones for January 2016:
During the month, much was accomplished in carrying out both the Medical Monitoring Program and the Property Clean-Up Program, after timely beginning on November 1, 2011.
A. MEDICAL MONITORING PROGRAM
Important Medical Monitoring Program milestones were accomplished in January.
Round 3 of testing began November 1, 2015, and, as January 2016 came to a close, 195 Claimants had participated in Round 3 of testing.
One of our participating physicians has suggested conducting the medical exam and doing the lab work for a Claimant during the one visit when he shows up for the first appointment, and then contacting the Claimant with the results. This may be easier for the Claimant instead of the current practice of doing lab work, followed by a medical exam with lab work review requiring two visits. In December, the Medical Monitoring physicians were polled to see if they have a preference: 3 like the proposed new method, 2 like the old, and 1 was neutral. Beginning January 1, 2016, 4 began to use the new method and 2 still used the old. We are comparing the two methods for participation results.
B. PROPERTY CLEAN-UP PROGRAM
There are 1,063 Property Clean-Up Registration Program claims, with no additional claims being allowed, except for about 8 to be submitted to the Court shortly, due to the Absolute Bar Date Order signed on November 24, 2015, with no right to appeal.
In November, we petitioned the Court to set an Absolute Bar Date of December 16, 2015, after which there will be no additional property Claimants, and the Absolute Bar Date Order was entered on November 24, 2015. We also held December 16, 2015 town meetings as the final chance to sign up for the Property Remediation Program, ending the registration process. On February 1, 2016, we submitted to the Court a Report providing the resulting proposed final list of Participating Claimants.
By Order dated May 1, 2012, the Court selected NCM as the clean-up contractor, and as January 2016 came to a close NCM had completed remediating all 227 parcels of soil (Zone 1A only) of the 227 parcels to be remediated (100% complete) and 540 houses of the approximately 583 houses to be remediated (93% complete). However, there is one (1) additional Zone 1A soil property which was mistakenly classified previously as a Zone 1B. It is being tested, and, if it is contaminated, it will be remediated in the Spring of 2016. All contaminated houses in Zones 1B (except for three late Zone 1B Claimants being admitted to the Settlement late) and Zone 2 (except for three late Zone 2 Claimants being admitted to the Settlement late) have been remediated, with the completion of these two Zones having been audited, and, 41 houses in Zone 3 remain to be remediated.
Soil remediation for the 2015 season recommenced in May 2015, and was completed in December 2015, except for the one (1) late Zone 1A property described above. At the beginning of the 2015 season, there were 23 Zone 1A soil properties that were not remediated. At December 31 2015, all of these soil properties have now been remediated. Soil remediation was completed in 2015, except for the one (1) late Zone 1A property described above.
In January, we continued to prepare for the final phase of the Property Clean-Up: the Road Improvement Program. We fine-tuned the description of the roads to be repaired, and obtained two preliminary bids to do the work. We held a Claimants’ Committee meeting on January 4, 2016 to finalize the Road Improvement Program, subject to Court approval.
On January 21, 2016, the Claimants’ Committee and we met with the West Virginia Department of Highways to determine how to proceed with the Road Improvement Program, in terms of required contract terms, permitting, and provisions in Disabilities Act compliance. We plan to begin work in the Spring of 2016 when weather permits.
Following the Road Improvement Program, the final step in the use of Remediation Fund monies will be the payment of any surplus monies to the Claimants as a dividend.
We continued to have weekly update calls with NCM and to use a web-based confidential remediation database, being updated by the Settlement, NCM and CORE (the post-remediation testing company) on a real-time basis.
C. ADDITIONAL MILESTONES
Through January 31, 2016, there have been approximately 17,624 telephone calls from Claimants to the Claims Office, and 8,000 Claims Office visits by Claimants.