PERRINE V. DU PONT DE NEMOURS AND COMPANY SETTLEMENT
Below, please find a summary of Settlement milestones for September 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. The Property Clean-up, itself, was completed in June 2016, and the Settlement is now conducting remaining repairs to remediation impacted properties, Spelter road repairs necessitated by the remediation, and infrastructure improvements recently approved by the Court, as described below. Phase 3 of the Medical Monitoring Program (a phase is conducted every two years) has been completed.
On August 31, 2016, we held a quarterly Finance Committee Meeting at the Spelter, West Virginia Fire Station, and Dixon Hughes Goodman, LLP, our outside auditor, presented the results of its 2015 outside financial audit of the Settlement, and draft minutes of this Meeting were provided to the Finance Committee in September 2016.
On August 30, 2016 the Court approved the Settlement’s Budget for September 1, 2016 to August 31, 2017, which is on the Settlement website.
A. MEDICAL MONITORING PROGRAM
Round 3 of testing began November 1, 2015, and was completed in September 2016. 554 Claimants scheduled appointments in Round 3 of testing. Testing is completed for Round 3. We held a quarterly meeting of the Program on August 31, 2016, with the main topics being discussion of the future of the Program in light of the low Claimant participation rate, and selection of the Medical Panel for the Program, which is required by a previous Court Order to be done on the 5th anniversary of the Program, which is November 1, 2016. In September 2016 we provided the Settlement Claimants’ Committee and the Finance Committee draft minutes of this Meeting, and CTIA, the Medical Monitoring Program Third Party Administrator, provided draft criteria for the selection of the Medical Panel.
B. PROPERTY CLEAN-UP PROGRAM
Remediation of the Class Area was completed in June 2016, with the Settlement now conducting post-remediation winding-up matters described below.
In September 2016, we continued to carry out the final phase of the Property Clean-Up prior to the payment of a dividend and we continued working on the Zone 1A Infrastructure and Road Improvement Program. J.F. Allen, the successful bidder for the Road Improvement Program, provided quotes for making infrastructure improvements in Zone 1A, that were requested by the Claimants. On September 23, 2016, the West Virginia Department of Highways (“DOH”) provided the Settlement the necessary permit to carry out these Zone 1A improvements, and they began as September came to a close.
The approximately $4 Million surplus distribution Fairness Hearing was held on June 22, 2016, at 8:30 a.m., as scheduled. About 50 Claimants attended the hearing and 6 spoke to the Court. An Order was issued by the Court on this matter on July 13, 2016, approving all Spelter infrastructure improvements requested by the Claimants and the payment of the balance to the Claimants as a dividend. The Order is on the website. The dividends are tentatively scheduled to be distributed on December 14 and 15, 2016 at the Spelter Fire Station.
We scheduled an October 12, 2016 hearing with the Court to review Zone 1A infrastructure improvement issues, and to ask for guidance in the preparation of class dividend payments.
We continued to have weekly update calls with NCM, focusing on post-remediation issues.
On September 7, 2016, we had a hearing with the Court to summarize Remediation Program matters, and to recommend that NCM and the Settlement be subject to a “true-up”, in which neither had any further financial obligations to the other. The Court approved this recommendation, and the Order is on the Settlement website.
C. ADDITIONAL MILESTONES
Through September 30, 2016, there have been approximately 18,625 telephone calls from Claimants to the Claims Office, and 8,269 Claims Office visits by Claimants.