Amy Sebring: Welcome to the EIIP Virtual Forum! Amy Sebring: Today we are pleased to present a new EIIP Partner, Baker & Hostetler, Counsellors at Law, represented by David Graham of the Cleveland office. Amy Sebring: The corporate homepage may be viewed at http://www.bakerlaw.com/ and David's bio and picture is found at this very long address: Amy Sebring: http://www.webpage1.bakerlaw.com/experience.nsf/9923bd15e9f3cbcd85256 6ba004e2894/63cb245e6e8c42b58525662f00688837?OpenDocument Amy Sebring: So what do attorneys have to do with Emergency Management? As you can see from David's bio, he has extensive experience in the environmental law area, and is the co-chair of the Firm's emergency response/crisis management team. Amy Sebring: David is here to explain this capability today. Thanks for taking the time to be with us David. David Graham: We have been looking forward to this opportunity Amy Sebring: Please continue David. Amy Sebring: Please standby, there is nothing wrong with your set ... David Graham: Hi! John Zangerle, Pat Poole and Maureen Brennan, my partners in the emergency response/crisis management ("ER/CM") group in the Cleveland office, are with me today... David Graham: We would just like to tell you a little about our law firm and explain how we become involved in emergency situations... David Graham: We then will provide you with an overview of the type of work we do and discuss a couple of the incidents on which we have worked... David Graham: Our first slide tells you where our offices are located and the states where we have one or more attorneys licensed to practice law. Amy, please show slide i. Amy Sebring: http:// www.emforum.org/vforum/graham/slide01.htm David Graham: Our second slide outlines business and legal issues that arise as a result of chemical releases, fires, explosions and fatal accidents. Slide 2, please, Amy. Amy Sebring: (goodness, we must have gremlins today) Amy Sebring: http:// www.emforum.org/vforum/graham/slide02.htm David Graham: The 5 slides which follow illustrate the value we can provide to a company experiencing a disaster... David Graham: Our experience tells us that advice in the following areas helps the company get its arms around the disaster by addressing all the component parts of an emergency... David Graham: Amy, please show the next 5 slides... Amy Sebring: http:// www.emforum.org/vforum/graham/slide03.htm Amy Sebring: http:// www.emforum.org/vforum/graham/slide04.htm Amy Sebring: http:// www.emforum.org/vforum/graham/slide05.htm Amy Sebring: http:// www.emforum.org/vforum/graham/slide06.htm Amy Sebring: (scroll to bottom left on that last one) Amy Sebring: http:// www.emforum.org/vforum/graham/slide07.htm David Graham: Before taking questions, we wish to discuss one incident in which we responded and then note several other examples of situations in which we were called upon for assistance... Amy Sebring: http:// www.emforum.org/vforum/graham/slide08.htm David Graham: When an oil sheen appeared in a stream near a tank farm in Fairfax, Virginia, the County's hazardous chemical response team descended on the scene and immediately identified the tank farm as the suspected source... David Graham: Further examination revealed that a large release of petroleum and aviation jet fuel had occurred and that the plume was so close to the basements of a number of homes in a nearby community that evacuation was ordered... David Graham: Fortunately, prior to the forced evacuation and a Dan Rather report on CBS News, the company had formed a crisis management team (including a member of our emergency response group)... David Graham: The team coordinated the company's response to the incident, including communicating and negotiating with EPA, the state EPA, the city and the county while defending the company in a series of suits filed by commercial entities and homeowners... David Graham: After the completion of the remedial work and the litigation, the team continued to work with the representatives of the community to restore the reputation of the neighborhood and the market value of the affected homes... David Graham: In the last several years, we have responded to incidents of the following types: reactor explosion and release to river in Belpre, Ohio; water supply contamination in Denver, Colorado... David Graham: Chemical warehouse fire, Los Angeles; workplace fatalities and violence in Columbus, Ohio and Toledo, Ohio, respectively... David Graham: Oil spill in Huntington Beach, California and catalyst plant explosion, Elyria, Ohio... David Graham: If you need additional information, we will be happy to send it to you by e-mail. In the meantime, we are ready for questions. Amy Sebring: Thanks David ... Amy Sebring: it looks like your firm just takes on the easy cases! Amy Sebring: Audience please enter a question mark (?) to indicate you wish to be recognized, go ahead and compose your comment or question, but wait for recognition before hitting the enter key or clicking on Send. Amy Sebring: http:// www.emforum.org/vforum/graham/slide09.htm David Graham: We like to make clients feel they are. Amy Sebring: This is contact info that David spoke about . Amy Sebring: Ok, we are ready for your questions or comments. Avagene Moore: ? David Crews: ? Amy Sebring: Avagene please. Rick Tobin: ? Avagene Moore: Is there a trend in privatization of services such as yours? How much demand do you see for this type of service? David Graham: We believe that many of our clients handle much of the problem in house, but need the assistance of the specialized expertise we can provide. Amy Sebring: David did you have a comment on the demand part of that question? David Crews: Yes I would like to link your site on Emergency Management Gold! David Graham: We counsel clients on the audit side, preventative measures, as well as in a crisis, and find that these services are increasing. Amy Sebring: Ok, now David Crews, did you have a question? Amy Sebring: Lets move on to Rick Tobin please. David Crews: Yes I just asked if I could link his site to EM GOLD! Rick Tobin: Have you had any training or association with the American Nuclear Insurers for nuclear power plants? David Graham: Please provide more information about your site after this forum. David Crews: OK David Graham: No. Amy Sebring: ? Amy Sebring: Have you been consulting on the RMP regulations, Risk Management Plans? Rick Tobin: ? David Crews: ? David Graham: Our perception is that the RMPs have been done by our clients themselves. Ann Willis: ? Amy Sebring: Rick Tobin please Rick Tobin: Have you worked with mitigation and planning projects for the Department of Energy, or communities around their facilities? David Graham: Unfortunately, no. Avagene Moore: ? Amy Sebring: David Crews please. David Crews: Have you been involved in Nationally Declared Disasters when there has been a FEMA Response? David Graham: FEMA has not responded to any of our individual company emergency response/crisis management situations. Amy Sebring: Ann Willis please. Ann Willis: Are you counseling your clients about possible liability issues associated with Y2K? David Graham: We have a Y2K Task Force. Amy Sebring: Avagene please. Avagene Moore: David, from your perspective as legal counsellors, are there legal aspects of planning needed in governmental and private sector plans? If so, can you explain briefly? Rick Tobin: ? Amy Sebring: ? David Graham: When you say a government plan, do you mean a plan prepared for the government such as a 112r plan or an SPCC Plan? Avagene Moore: Yes, and planning in general. Depending on risks, etc. Avagene Moore: Example ... Avagene Moore: I worked local government and frankly the legal aspects of planning was not much of a consideration. David Graham: Yes. You should have a legal review , for example, at one time the 112r Plans were going to be put on the internet. How you word things in that plan, which is published to the world, makes a difference... David Graham: Issues such as how to collect or preserve evidence for the lawsuits that are bound to come in the aftermath of an emergency are some of the things you want in your plans. Amy Sebring: Rick, you are next please. Rick Tobin: In some of my classes I've taught emergency managers about malfeasance, misfeasance and nonfeasance. Do you help clarify responsibilities to local officials who may not be doing things in the best interest of the public? David Graham: That's a delicate negotiation. If the public agency were our client we would want to discuss that with them in private. We would need to come to a common understanding about what the public interest was, and as your questions indicates, that's sometimes more difficult than you would think. Amy Sebring: Do you find that corporations are recognizing the benefits of pro-active (vs. reactive) approaches to crises? David Graham: Very definitely... David Graham: For example, after one really bad crisis in State A, our client reevaluated its emergency plan and when crisis arose in State B all the components were in place to handle it much more efficiently. Amy Sebring: ? Amy Sebring: I am concerned about the widely accepted notion of the "fenceline"... David Graham: Another example is widespread interest we have seen in participating in our local Red Cross Emergency Management Program. Amy Sebring: are we seeing some erosion of that, in terms of identifying as members of the community? Amy Sebring: "Good corporate neighbor" e.g. David Graham: We have seen environmental groups try to expand the definition of community to include locations which are clearly physically very far removed from the plant or the project... Rick Tobin: ? David Graham: However, I think the regulatory agencies are still using the fenceline as the boundary beyond which they have to evaluate effects of a release. Amy Sebring: Rick please. Amy Sebring: ? Rick Tobin: Do you believe there will be more legal resources needed in the future due to NAFTA and GATT, as disasters take on more international impacts? David Graham: It's difficult to tell, but our guess is there will be. Amy Sebring: Do you have any experience with the One Plan concept, that is one basic plan to address a bewildering array of regulatory requirements? Terry Storer: ? David Graham: We've talked with consultants who helped develop the regulations in which USEPA allows the use of the One Plan... David Graham: But we haven't seen clients systematically take advantage of it. I think they are a little overwhelmed by trying to integrate a number of plans together. Amy Sebring: Terry please. Amy Sebring: ? Terry Storer: Should we create a position in our EOC for a legal counselor? David Graham: I apologize, but I'm not sure what EOC stands for. Amy Sebring: Emergency Operations Center David Graham: It's certainly worth giving consideration to... Terry Storer: Emergency Operations Center. A "legal" presence from the beginning of an incident. David Graham: It's useful to list the functions that you would want the legal counselor to perform. Amy Sebring: One last question David ... Amy Sebring: Are you aware of the move by NFPA to create a standard for Disaster/Emergency Management that applies to both public and private entities? Amy Sebring: NFPA 1600? David Graham: We have served this role in emergency situations. David Graham: The USEPA trade press and the OSHA trade press has not discussed this. It sounds like we will have another overlapping plan which could conflict with the many federal and local programs already out there. Amy Sebring: Thank you very much David for bringing us a different perspective ... Amy Sebring: we wish you much success in your efforts. Amy Sebring: Ava, can you give us a heads up for upcoming events? Avagene Moore: Thank you, Amy ... David Graham: Thank you for the opportunity to share our experience and viewpoints with the Group. Avagene Moore: Tomorrow, the Virtual Library hosts authors, Jennifer Wilson and Arthur Oyola-Yemaiel, in a presentation of their paper, Emergent Coordinative Groups and women's Response Roles in the Central Florida Tornado Disaster --- Weds. February 23, 1998, 12: 00 Noon EST. ... Avagene Moore: Thursday evening 8: 00 PM EST, we will be in a Mutual Aid informal session. You are invited to discuss and participate in any emergency management-related topic. ... Amy Sebring: oops... Amy Sebring: the tornadoes were Feb 23 Amy Sebring: the session is Feb 3rd!! Avagene Moore: Sorry about my poor editing... Avagene Moore: Next week's Round Table discussion, Tuesday 2/09, 1: 00 PM EST, will be led by members of the Lake County (Indiana) LEPC, EIIP Partner. ... Avagene Moore: Please look for weekly announcements on upcoming events. Back to you, Amy. Amy Sebring: Ok, we will conclude our Round Table ... Amy Sebring: but you are invited to remain a few minutes longer for some open discussion.