A mercury gas regulator is a mercury-containing device that is used to regulate the pressure under which natural gas is delivered into a building.

 

            When natural gas is delivered from a high pressure or intermediate pressure gas main into a building, the pressure must be reduced to the low pressure that is necessary for its use.

 

            Mercury gas regulators were used by gas utilities in the United States until approximately the mid-1970's, when new technology, that did not contain mercury, was developed. Since then, gas utilities, including the Philadelphia Gas Works (“PGW”), have been gradually removing the mercury-containing gas regulators and replacing them with non-mercury containing gas regulators. In Philadelphia, this process of removal and replacement is ongoing. To date, PGW has removed and replaced approximately 13,000 mercury gas regulators. Nonetheless, there are still homes built before 1980 that currently have mercury gas regulators that will be removed and replaced by PGW in the future.

 

            You received notice of this proposed class action settlement because City of Philadelphia and/or PGW records show that either you own or you live in a home or apartment in an area of Philadelphia that may be serviced by high or intermediate pressure gas mains. Since mercury gas regulators were used in homes and apartments that were serviced by high or intermediate pressure gas mains, you may own or live in a residence in which a mercury gas regulator was installed and/or removed. 

 

 

            Instead, the allegation of this lawsuit is that the removal of mercury-containing gas regulators potentially posed a possibility that mercury was spilled during the removal process.

 

            According to PGW records, it has removed mercury gas regulators from approximately 13,000 locations in Philadelphia. PGW records show that there were 34 occasions on which some amount of mercury was spilled when a PGW technician was removing the mercury gas regulator. PGW records show that the mercury was cleaned up.                                                  

            However, because of the potential health hazard involved if mercury is inadvertently spilled when a mercury gas regulator is removed, and in the event that there were additional mercury spills not recorded by PGW, this lawsuit was brought to require PGW to perform air testing in every home, apartment or other location from which a mercury gas regulator has been removed. Air testing will either confirm that there was no mercury spilled during the removal of the mercury gas regulator, or, if mercury was spilled then PGW will pay to take the necessary steps to remove the contamination.  

 

            In addition, if air testing reveals the presence of mercury at elevated levels from the removal of a mercury gas regulator, then all persons exposed will be eligible to have urine testing to determine whether there has been bodily absorption of mercury. 

 

 

            Not in the context of this lawsuit. This lawsuit covers air testing only for those residential units from which a gas mercury regulator has already been removed. However, as part of this proposed class action settlement, PGW has revised its procedures for the removal of gas mercury regulators to avoid mercury spills during the removal procedure.

 

            This is a class action lawsuit. That means that the lawsuit is brought, not only on behalf of the person whose name appears in the title of the lawsuit on the court papers – here, Donald Brophy – but also on behalf of others. Therefore, to qualify to participate in this class action, you do not have to know Donald Brophy and you do not have to live near him.

 

 

            No. If you choose not to participate, please refer to the form entitled Opt Out/Request for Site Testing Form that you received with the Notice of Proposed Class Action and check the box near the top of the form that states “I elect to Opt Out of the settlement.” Then legibly fill in your name, address and telephone number, sign and date the form and return it to Alan M. Feldman, Esquire and/or Thomas More Marrone, Esquire, whose address appears at the bottom of the form.

  

            You qualify to have air testing if you meet both of the following requirements:

 

            1. You currently own or reside in a property in Philadelphia that was built on or before December 31, 1979; and

 

            2. The property which you own or currently reside in has had a mercury gas regulator removed from it by PGW.

 

            PLEASE NOTE: If you currently have a mercury gas regulator on your property, you DO NOT qualify for testing. This is because this lawsuit concerns the potential danger of a mercury spill that can come from removal of the mercury gas regulator, not from having it in place.  

 

            The best way to know if you have had a mercury gas regulator removed from your house is to look in the area around the gas meter. If you currently have a mercury gas regulator, then you do not qualify for air testing. In contrast, if you do not have a mercury gas regulator, your home was built prior to January 1, 1980, and there is another type of regulator present, then it is possible that PGW removed a mercury gas regulator and, therefore, you do qualify for air testing.

 

             A gas regulator is usually installed near or next to the gas meter. The gas meter is often (but not always) located in the basement of the building.

            The photographs show four types of mercury gas regulators that were used by PGW. Please note that two of the four types of mercury gas regulators used by PGW have horizontal, disc-shaped bodies. The other two do not. However, all four of the mercury gas regulators used by PGW have small “cups” which hold the mercury. See arrows in photographs pointing to the mercury “cups.”

 

            In contrast, non-mercury containing gas regulators do not have any “cup” where mercury could be contained. 

 

            If you have a gas regulator that looks like one of the photographs, then you have a mercury containing gas regulator and you do not qualify for air testing. This is because, as explained above, the potential spillage of mercury occurred during removal of mercury gas regulators.                       

 

            Conversely, if you have a gas regulator that does not look like one of those in the photographs, then you do not have a mercury containing gas regulator and you do qualify for air testing. 

 

            You may request air testing even if you are not completely sure that you have had a mercury gas regulator removed, as long as you think that a mercury gas regulator was removed and your home was built before January 1, 1980. For example, if you recall having your gas meter replaced or removed, then it is likely that you did have a mercury gas regulator removed and you may request air testing. Even if you recall some work being done by PGW in your home but do not know what it was, you may have had a mercury gas regulator removed and you may request air testing. However, if you know that your home was built after January 1, 1980, you may not request testing. And if you know that PGW never performed work in your home, it is likely that no mercury gas regulator was ever removed.

 

            No. PGW will pay for air testing and any mercury removal that may be required. If medical testing is required, PGW will pay whatever cost is not reimbursed by your health insurance. 

 

            Please note, however, if you qualify for site testing, you will receive a telephone call to set up an appointment. You are responsible to be home at the time of the appointment by the contractor unless you have cancelled the appointment 24 hours or more in advance. 

 

            Yes. However, since your landlord may also have received notice of this proposed class action settlement, it is recommended that either you contact your landlord directly, or that when you send us the form, you notify us as to the identity and telephone number of your landlord.

 

            With the Notice of Proposed Class Action Settlement that you received in the mail, you also received a page entitled “Opt Out/Request for Site Testing Form.” If you qualify for air testing of your property (property built on or before December 31, 1979 and mercury gas regulator has been removed) then check the box near the top of the form that states, “Yes, I would like to have my living unit tested for mercury.” Then fill out the rest of the form (see instructions below for filling out the form) and mail it so that it is postmarked on or before March 6, 2009 to:

Alan M. Feldman, Esquire

Thomas More Marrone, Esquire

Feldman, Shepherd, Wohlgelernter, Tanner, Weinstock & Dodig

1845 Walnut Street, 25^th Floor

Philadelphia, PA 19103

 

 

            Near the top of the form, check one box – either that you would like to have your living unit tested for mercury OR that you wish to opt out (not participate in) the settlement. Do not check both boxes at the top of the page.

 

            Next, legibly fill in your name, street address, telephone number and property type, for example, rowhouse, duplex, side-by-side, apartment building, etc.

 

            Next, if you currently live in or own a house that was built before January 1, 1980 and you think a mercury regulator may have been removed from your house, then check the box. Please note that IF YOU CURRENTLY HAVE A MERCURY GAS REGULATOR IN YOUR HOUSE, then one has not been removed and you do not qualify for site testing. Therefore, if you currently have a mercury gas regulator in your house, do not check the box.

 

            If, after checking for a regulator, you are still not sure if you have had a mercury gas regulator removed from your home, then check the box.

 

            Please note, in order to obtain testing of your living unit for mercury, you must check two boxes – the box at the top of the form requesting such testing AND the box stating that you think your house was built before January 1, 1980 and that a mercury regulator was removed.

            Next, circle whether you are an owner, tenant or owner/occupier (meaning that you both own and live in the house or apartment.)

 

            It is necessary to sign and date the form and to return it by mail, postmarked no later than March 6, 2009 in order to potentially qualify for site testing.

 

            Yes, but only if the testing reveals concentrations of mercury present from PGW’s removal of a mercury regulator sufficient to cause the potential for an adverse health effect. 

           

 

            Yes. Participation in this lawsuit for site and medical testing does not prevent you from later bringing a lawsuit for personal injury.