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

Filing 3930

DECLARATION of Michael A. Walsh in Support re: (364 in 1:07-cv-10470-SAS, 34 in 1:14-cv-01014-SAS, 3927 in 1:00-cv-01898-SAS-DCF) MOTION to Dismiss for Lack of Jurisdiction.. Document filed by Tauber Oil. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:07-cv-10470-SAS, 1:14-cv-01014-SAS(Walsh, Michael)

EXHIBIT D

30,

13

United
District
Southern
500 Pearl

Re:

No. 1:00-1898 (SAS)
("MTBE") Products
Southem District

Methyl
District

No.

letter and
file.

,"U'_Hh''-'Y

appreciates your
declaration
docketed by

-10470;

of

matter
asks that this
so that it is part of the

cc:

No.1
(SAS)

Re:Methyl
Products Liability Litigation

This Document Relates To:
Commonwealth of Puerto Rico, et al, v. Shell
Oil c«, et al., No. 07 Civ. 10470

1.

DECLARATION

Phillips Puerto Rico Core Inc., a former subsidiary of ConocoPhillips Company

(flkJa Phillips Petroleum Company) ("COP"), was the only known owner and operator of the
petrochemical plant located at Road 710 and State Route 3 in Guayama, Puerto Rico (the
"Plant") from 1966 until June 2000. Effective November 8, 2000, Phillips Puerto Rico Core Inc.
changed its name to Chevron Phillips Chemical Puerto Rico Core Inc.; effective November 30,
2007, Chevron Phillips Chemical Puerto Rico Core Inc. was converted into a Delaware LLC and
is now known as Chevron Phillips Chemical Puerto Rico Core LLC C"CPCPRC"), the
membership interest of which is held by Chevron Phillips Chemical PR Core Holdings LLC, a
wholly-owned subsidiary of Chevron Phillips Chemical Company LLC. CPCPRC operated the
Plant until early 2001, and intermittently thereafter.
2.

COP and CPCPRC are in a position to respond and are capable of responding to

plaintiffs' discovery regarding ownership and operations of the Plant from 1966 to the present in
the above-referenced litigation.
3.

COP and CPCPRC have provided discovery in the above-referenced litigation

indicating that various "Phillips" entities supplied, purchased, and/or shipped methyl tertiary
butyl ether ("MTBE") that was delivered to the Plant.

"Phillips" entities are referred to in

"
Company,"

"

"

were
Company

L

31, 2002, Phillips Petroleum Company was merged into Conoeol'hillips Company.
Accordingly, COP became the successor to such "Phillips"
of supply of MTBE to Puerto

that were

and f or the Plant. CPCPRC and t or COP are

a

position to respond and are capable of responding to plaintiffs' discovery regarding such
"Phillips" entities involved in the chain of supply of MTBE to Puerto Rico and lor the Plant in
the above-referenced litigation.

4.

Chevron Phillips Chemical Company

company of CPCPRC) will

a final adverse judgment,
and I or

5.

In April 2012, COP

(parent company of the

In

into a Separation

if any, obtained by
above-captioned

Distribution Agreement,

pursuant to which Phillips 66 Company was "spun-off' to create a new entity which was
incorporated in the state of Delaware in November 2011. This new entity did not participate in
the historical operations of the Plant, did not supply MTBE to the Plant, and is not the successor
in interest to the Phillips 66 Company that was a subsidiary and/or unincorporated division of
Phillips Petroleum Company.
Dated:

Litigation

2