In Re: Methyl Tertiary Butyl Ether ("MTBE") Products Liability Litigation

Filing 2863

DECLARATION of Nicholas G. Campins in Opposition re: (2860 in 1:00-cv-01898-SAS-DCF, 484 in 1:04-cv-03417-SAS) MOTION in Limine to Preclude the Testimony of Mr. Burke in Phase IV.. Document filed by The City of New York. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(Campins, Nicholas)

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EXHIBIT 10 Nick Campins From: Sent: To: Cc: Subject: Attachments: Bill -As discussed with Bob, here is the proposed stipulation. I will email the phone number to call into tomorrow's deposition by tomorrow morning. Amron, Susan [samron@law.nyc.gov] Friday, October 09, 2009 4:51 PM wstack@tmo.blackberry.net; James Pardo (E-mail); lhandel@mwe.com; bmcgill@mwe.compropo New York - MTBE proposed stipulated facts Stipulation to Undisputed ExxonMobil Facts.pdf <<Stipulation to Undisputed ExxonMobil Facts.pdf>> Susan E. Amron, Deputy Chief Environmental Law Division New York City Law Department 100 Church Street New York, New York 10007 Tel: 212-788-1578 Cell: 917-375-8275 1 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK In Re: Methyl Tertiary Butyl Ether ("MTBE") Products Liability Litigation Master File C.A. No. 1:00-1898 MDL 1358 (SAS) This document pertains to: City of New York v. Amerada Hess, et al., No. 04 Civ. 3417 M21-88 STIPULATION IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel for plaintiffs, the City of New York, the New York City Water Board and the New York City Municipal Water Finance Authority (collectively "the City") and defendants, Exxon Mobil Corporation, ExxonMobil Chemical Company, Inc., Exxon Corporation, and Mobil Corporation (collectively "Exxon") that the facts listed below ("Stipulated Facts") are true and that further proof is unnecessary. This Stipulation is not a waiver of objections as to relevance or materiality concerning the Stipulated Facts. The City and Exxon waive all other objections to the following Stipulated Facts being introduced into evidence at trial. STIPULATED FACTS Where the term "ExxonMobil" is used in the following Stipulated Facts, the term shall refer to the combination of Exxon Corporation and Mobil Corporation for all time periods prior to their merger in 1999, and to ExxonMobil Corporation for all time periods after their merger in 1999. 1. For the period from 1985 to 2001, ExxonMobil (and prior to their merger in 1999, Exxon and Mobil combined) was the largest petroleum refiner (in terms of installed refining capacity) in the United States. ExxonMobil was the second largest refiner (in terms of installed refining capacity) in the United States in 2002 and 2003. 2. The following table sets forth ExxonMobil's ranking among refiners in the United States from 1985 through 2003, including the number of barrels per day (KBPD) refined by ExxonMobil in the United States, and the percentage of national petroleum refining capacity attributable to ExxonMobil. It also sets forth the average refining capacity per day (1.921 million barrels per day) and percentage of national capacity (13 percent): Profile of ExxonMobil Refining Capacity 1985-2003 1985 1986 1987 1988 1989 1990 1991 1992 1993 1994 1996 1997 1998 1999 2000 2001 2002 2003 Averages ExxonMobil Refining Capacity KBPD % of National Ranking 1 1,955 13.2% 1 1,899 12.6% 1 1,924 12.7% 1 2,004 13.3% 1 1,985 13.1% 1 1,985 13.1% 1 1,995 13.2% 1 2,080 13.8% 1 1,893 12.6% 1 1,921 12.4% 1 1,969 12.7% 1 2,005 15.6% 1 1,825 13.5% 1 1,913 13.8% 1 1,772 12.5% 1 1,796 12.2% 2 1,808 12.1% 2 1,844 11.7% 1,921 13.0% 3. The following table lists the refineries owned by ExxonMobil from 1985 to 1993: -2- ExxonMobil Refineries Location Benicia Torrance Joliet Baton Rouge Chalmette Billings Bayway Paulsboro Baytown Beaumont State CA CA IL LA LA MT O NJ NJ TX TX 4. The refinery located in Bayway, New Jersey was sold in 1993. The refinery located in Paulsboro, New Jersey was sold in 1997. The Benicia, California refinery was acquired by Valero in 2000 after Exxon and Mobil merged. ExxonMobil continued to own the remaining 7 refineries through 2003. 5. The Benicia refinery produced RFG gasoline containing MTBE from the mid 1990s to 2000. The Torrance, California refinery produced RFG gasoline with MTBE from the mid 1990s to 2003. 6. Gasoline produced by the Torrance refinery was shipped to the following terminals owned and operated by ExxonMobil Corporation: Atwood Terminal, Anaheim, CA supplied gasoline stations in Orange County, San Bernardino County, North San Diego County and parts of Riverside County. Southwestern Terminal, Terminal Island (Port of Los Angeles) stored and transferred petroleum product brought in by tankers, barges and pipelines. Vernon Terminal, Vernon, CA - supplied gasoline stations in Los Angeles, Ventura, Santa Barbara, San Luis Obispo, and parts of San Bernardino and Orange Counties. Torrance Terminal, Torrance Refinery - supplied gasoline stations in parts of Los Angeles and Orange Counties. 9. Most of the fuel pipeline systems in northern and southern California are owned by Kinder Morgan (KM), a common carrier pipeline company. The Torrance, California refinery shipped product via Kinder Morgan pipeline, which includes one pipeline from Los -3- Angeles that runs south to San Diego and a pipeline running from Los Angeles southeast into Arizona. The Benicia, California refinery shipped product via Kinder Morgan's North Line, which consists of approximately 1,075 miles of pipeline in five segments originating in Richmond and Concord, California. The North Line served terminals located in Brisbane, Sacramento, Chico, Fresno and San Jose, California, and in Reno, Nevada. 10. ExxonMobil maintained an extensive network of fuel terminals throughout much of the United States during the 1980s, 1990s and to 2003. 11. Based on its retail sales, ExxonMobil was the number one retailer of gasoline in the United States during every year from 1985 to 2001. ExxonMobil was the number two retailer during 2002. 13. For each year from 1990 to 2002, the following table sets forth ExxonMobil's retail market share, including the number of ExxonMobil branded gasoline stations in the United States, the percentage of retail gasoline stations in the nation branded ExxonMobil, ExxonMobil's market share in billions of gallons, ExxonMobil's market share as a percentage of the United States market, and ExxonMobil's ranking among major brands: ExxonMobil Retail Market Share 1990-2002 -4- 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 Average XOM Total Number of Branded Retail Outlets 20,674 19,944 18,577 17,680 16,405 15,939 15,989 15,936 15,913 15,913 16,080 16,080 16,000 17,010 XOM Stations as % of Total in United States 9.5% 9.2% 8.5% 8.1% 8.2% 8.4% 8.5% 8.7% 8.8% 9.1% 9.2% 9.4% 8.8% XOM Market XOM Share Market Major Gasoline Share, % Brand Billion of U.S. Outlet Gallons Market Ranking 1 17.0 14.6% 1 18.1 16.8% 1 18.5 16.0% 1 19.0 16.1% 1 19.9 16.8% 1 21.4 18.3% 1 25.1 19.3% 1 23.2 18.5% 1 24.0 18.6% 1 24.7 18.7% 1 23.2 17.4% 1 18.3 17.5% 2 18.6 13.7% 20.8 17.1% Dated: New York, New York October 8, 2009 SHER LEFF LLP, 459 Mission St., Ste. 400 San Francisco, CA 94105 Tel: 415-348-8300 Fax: 415-348-8333 By: ___________________ Victor M. Sher Robert S. Chapman Nicholas G. Campins Marnie E. Riddle Counsel for Plaintiffs McDERMOTT WILL & EMERY LLP 340 Madison Avenue New York, New York 10173 Tel: 212-547-5400 Fax: 212-547-5444 By: _________________________ Peter John Sacripanti (PS 8968) James A. Pardo (JP 9018) Stephen J. Riccardulli (SR 7784) Counsel for Exxon Mobil Corporation -5-

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