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CAUSE NO. 2007-13570
RITA BATES § IN THE DISTRICT COURT OF
rn
at
VS § HARRIS COUNTY TEXAS
3
wee OW;
CENTERPOINT ENERGY, INC § 334™ JUDICIAL DISTRICE™y
3
DEFENDANT, CENTERPOINT ENERGY RESOURCES CORP’S., D/B/A ‘ees
OPERATIONS (incorrectly sued as CENTERPOINT ENERGY, ING.)-
a
DESIGNATION OF EXPERT WITNESSES AND SUPPLEMENTATION 7
REQUEST FOR DISCLOSURES AND INTERROGATORIES PREVIOUSL
ON ITIN THIS MATTER
Bae
COMES NOW, CENTERPOINT ENERGY RESOURCES CORP., D/B/A TEXAS
GAS OPERATIONS (incorrectly sued as CENTERPOINT ENERGY, INC.), Defendant, in
the above-entitled and numbered cause and hereby files this its Designation of Expert
Witnesses.
=l
RETAINED TESTIFYING EXPERTS
Sammy Russo
APR Consultants
302 Ivy Lane
Dickinson, Texas 77539
(281) 337-6700
Mr Russo has been retained by Defendant, CENTERPOINT ENERGY
RESOURCES CORP., D/B/A TEXAS GAS OPERATIONS., as an expert who will be
called upon to offer expert opinions at the trial of this matter. Mr. Russo is expected to
testify concerning the fire scene, cause of the fire, ignition sources of the fire/explosion
and work performed at the house by both Centerpoint’s employees and the unknown
third-party that installed the heater during the days immediately preceding the fire. Mr.
Russo will testify concerning the applicable standard of care that a provider of natural
gas must exercise in detecting leaks, removing gas service, and restoring gas service to
a customer’s home both in the City of Houston and Harris County, Texas. He will testify
regarding the standard of care to be exercised by a person repairing gas leaks in a
consumer's home. He will testify regarding the standard of care to be exercised by a
consumer of natural gas. He will also testify concerning the “odorization” of natural gas,
including but not limited to the odorant used in natural gas, the odor threshold of the
odorant in natural gas, and the odor threshold level of odorized gas versus the actual
concentration of methane. Mr. Russo may also testify about the design, operation, and
function of natural gas transmissions systems in general; and specifically regarding the
Plaintiffs home. He may also testify about the gas meter, its function, and operation.
He will also testify regarding the rules, regulations, and tariffs governing gas distribution
companies such as Defendant, and specifically the gas tariff and rate book governing
Defendant.
Mr. Russo will offer expert opinions based on his review of photos of the fire
scene, of all pleadings, discovery, depositions, the gas tariff and rate book, as well as
relevant literature and his knowledge, expertise, education, skill, training and
experience. Mr. Russo’s qualifications to offer expert testimony in these areas are
summarized in his Curriculum Vitae attached as Exhibit “A.” In lieu of preparing a
report, Defendant will make Mr. Russo available for a deposition in accordance with the
Texas Rules of Civil Procedure.
u
CROSS-DESIGNATION OF WITNESSES
Defendant reserves the right to elicit, by cross-examination, opinion testimony
from experts designated and called by Plaintiff or an adverse party. Defendant
expresses its intention to possibly call, as witnesses associated with Plaintiff, any of the
individuals identified by the Plaintiff as experts.
IM.
REBUTTAL AND OTHER EXPERT WITNESSES
Defendant reserves the right to call undesignated rebuttal expert witnesses,
whose testimony cannot reasonably be foreseen until the presentation of the evidence
against Defendant.
WV.
RIGHT TO WITHDRAW /MODIFY DESIGNATION OF ANY EXPERT
Defendant reserves the right to withdraw/modify the designation of any expert
and to aver positively any such previously designated expert witness will not be called
as a witness at trial, and to redesignate same as a consulting expert, who cannot be
called by opposing counsel. Defendant also reserves the right to modify the designation
of any expert as discovery is ongoing.
Vv.
RIGHT TO ELICIT ANY OPINION OR LAY OPINION TESTIMONY
Defendant reserves the right to elicit any expert opinion or lay opinion testimony
at the time of trial which would be truthful, which would be of benefit to the jury to
determine material issues of fact, and which would not be violative of any existing Court
Order or of the Texas Rules of Civil Procedure.
To the extent that any witness identified in Defendant's Response to Plaintiff's
Request for Disclosure are qualified by education, training, or experience to give any
expert opinion, Defendant reserves the right to elicit expert opinions and testimony from
any such witness.
Vi.
DESIGNATION OF ADVERSE OR OTHER PARTIES
In the event a present or future party designates an expert but then is dismissed
for any reason from the suit or fails to call any designated expert, Defendant reserves
the right to designate and/or call any such experts previously designate by any party.
Vil.
RESERVATION OF ADDITIONAL RIGHTS
Defendant reserves whatever additional rights it may have, with regard to
experts, pursuant to Texas Rules of Civil Procedure, the Texas Rules of Civil Evidence,
the case law construing same and the rulings of the Trial Court.
Vill.
RESERVATION OF SUPPLEMENTAL DESIGNATION
Defendant reserves the right to supplement this designation with additional
information and designations of experts within any time limits imposed by the Court or
any alterations of same by subsequent court order or agreement of the parties or
pursuant to the Texas Rules of Civil Procedure and/or the Texas Rules of Civil
Evidence.
Respectfully submitted,
DONATO, MINX & BROWN, P.C.
By
RANDY DONATO
SBN: 05973300
MARK R. PICKERING
SBN: 00795591
3200 Southwest Freeway, Suite 2310
Houston, Texas 77027
(713) 877-1112
(713) 877-1138 (Facsimile)
ATTORNEYS FOR DEFENDANT,
CENTERPOINT ENERGY GAS
RESOURCES CORP.
CERTIFICATE OF SERVICE
This is to certify that a true and correct copy of the foregoing pleading has been
forwarded to all the following counsel of record via facsimile, c Liaw ail, return receipt
requested and/or hand delivery on this the “Y#5 day of a
2008:
Nicholas Dane Listi
1001 West Baker Road, Suite 201
Baytown, Texas 77521
Fax No. 281-427-1570
NDY DONATO
MARK R. PICKERING
EXHIBIT “A”
APR CONSULTARTS
FAILURE INVESTIGATIONS, PIPELINE SAFETY CONSULTING AND TRAINING SINCE 1983
302 IVY LANE 281.337.6700
P.O. BOX 1158 FAX 281.337.3582
DICKINSON, TEXAS 77539 CELL 713.201.7943
aproumpany @avl.comn
SAMMY RUSSO PRESIDENT
Education A.A, Chemistry, 1963
Alvin Junior College
B.S. Biology. 1965
Lamar University
MS. Biochemistry, 1973
Texas A & M University
Ph.D. Coursework in Microbiology
Texas A & M University, 1973
Pipeline Safety and Currently, Mr. Russo provides risk management safety
Risk Management audits for more than 100 operators annually. These include
Consulting production, transmission, master meter, and distribution
systems. Systems vary in size from less than five to several
thousand personnel. Audits generally include evaluations of
pipeline safety compliance, operator qualification, public
awareness, damage prevention, emergency response,
documents, records, safety, operations, maintenance,
training, system design, unaccounted for gas, measurement,
construction, cathodic protection, leak surveys, odorization,
and overall quality and performance.
Audits have been provided annually for the Texas
Municipal League's Intergovernmental Risk Pool for the
past fifteen (15) years and currently Mr. Russo serves as a
risk management consultant for numerous gas distribution
and transmission companies.
He is an associate staff member of the U.S. Department of
‘Transportation's ‘lransportation Safety Institute where he
1
trains federal and state pipeline safety inspectors in pipeline
accident investigation techniques. Mr. Russo has provided
training to a large portion of the gas industry through
presentations for numerous gas associations and regulatory
agencies including: the American Gas Association,
Midwest Gas Association, Southern Gas Association,
Texas Gas Association, Oklahoma Gas Association,
Alabama Gas Association, Texas Railroad Commission,
Colorado Public Service Commission, Alabama Public
Service Commission, Tennessee Office of Pipeline Safety,
and the U.S. Department of Transportation.
Fire & Explosion Mr. Russo is a recognized expert in fire investigations as
Experience well as in the chemistry of fires and explosions, As a
chemist, Mr. Russo trains both federal (DOT inspectors,
National Transportation Safety Board inspectors, etc.) and
state (Office of Pipeline Safety, State Fire Marshals)
regulatory and investigative personnel in the science of fire
and explosion investigations. As an instructor, he also
provides training seminars for the Texas Railroad
Commission as well as state and local fire investigators.
Mr. Russo's twenty (20) plus years of experience working
with federal. state and local fire officials has given him
experience in investigating a wide range of fire scenes from
airplane crashes to criminal arson investigations. He has
completed the State Fire Marshal Training course required
for fire marshals in the State of Texas.
He has provided expert testimony in a variety of civil and
criminal cases and has been an expert witness for the
Federal Government (U.S. DOT), the Federal Bureau of
Investigation (FBI) and the Bureau of Alcohol, Tobacco
and Firearms (ATF).
Work History Mr. Russo launched APR Laboratories in June of 1983:
APR Consultants was established soon after. Mr. Russo is a
trained scientist with experience both in area industry and
stale governmental control agencies. His training includes
not only water and air pollution monitoring techniques, but
also the techniques for evaluating industrial health and
safety. Mr. Russo is a skilled laboratory manager and
chemist with twenty years of educational and industrial
experience. APR Laboratories routinely provides forensic
analytical services to support the investigation and
litigation services of APR Consultants. Prior to owning
APR Laboratories and APR Consultanis, Mr. Russo was
Director of Environmental Services and Manager of
Projects for Southern Petroleum Laboratories. He joined the
staff of Southern Petroleum Laboratories in August 1974,
started the Environmental Services Deparunent, and he
established SPL's international services. He was responsible
for all methods review and development and established
new techniques and procedures for the analysis of trace
sulfur compounds, geothermal brine waters, trace organics
in sea waters, drilling fluids and petroleum products and
by-products.
As manager of special projects, Mr. Russo specialized in
state-of-the-arl techniques for analysis of hydrocarbon,
sulfur and brine samples on site. Mr. Russo has performed
analytical surveys in Saudi Arabia, Syria, Dubai, Europe,
and throughout the United States. He is a recognized
authority for the analysis of odorants and sulfur compounds
in gas and gas processing streams.
Prior to joining Southern Petrofeum Laboratories, Inc., Mr.
Russo was Assistant Laboratory Director at Technology
Incorporated and provided analytical support for NASA's
Apollo and Sky Lab Space Programs. He was responsible
for the day to day operation of the laboratory research and
development of new methods and procedural quality
control.
Previous to employment with Technology Incorporated,
Mr. Russo was an Assistant Research Chemist at the State
of Texas Agricultural Analytical Services Laboratory. He
supervised the Vitamin, Antibiotics and Microbiological
Laboratories for the State's Feed, Fertilizer and Pesticide
Control Agency.
As a graduate assistant, he taught for four years at Texas
A & M University. In 1966, he worked for Comtronix
Service where he serviced communication equipment,
radar, and scientific instruments. In 1964, Mr. Russo was
employed as a research technician for Monsanto. His duties
included the analysis of organic compounds using Gas
3
Chromatography, Mass Spectrometry, Infrared, UV, and
Visible Spectrometry.
Presentations, U.S. Department of Transportation, Transportation Safety
Seminars and Institute, Pipeline Safety Division (Associate Staff
Training Member) “Pipeline Failure Investigation Techniques” 1990-
2007
"Investigation of Fires and Explosions" training provided
to various state agencies in Alabama, Arizona, Arkansas,
Colorado, Georgia, Louisiana, Minnesota, Mississippi,
Missouri, Nevada, New Mexico, Oklahoma, Tennessee,
Texas, and Wisconsin 1990-2007
Southern Gas Association, Managing Natural Gas
Emergencies "Accident Investigation Seminar" 1994-2007
fexas Railroad Commission. Transportation/Gas Utilities
Division "Pipeline Safety Regulations for Natural Gas
Distribution Operators" 1990-1997
Texas Railroad Commission "Investigation of Fires and
Explosions" 1990-1992, 2000-2001
Texas Gas Association "Gas Operation Training Seminars
and Workshops on Gas Utility/Pipeline Safety, Accident
Investigation, etc." 1993-1998, 2001
Texas A & M University, Fire Protection Training Division
"Texas Fire and Arson Investigators Seminar” 1991-1992,
1998
State of Texas Arson Society, Texas A & M University
1992
East Texas Arson Society, Texas A & M University
"Investigation of Fires and Explosions" 1990-1991
Staie of Oklahoma, Fire Marshal's Advanced Seminar
"National Fire Protection Association Standards in the
Investigation of Fires" 1994
City of Houston, Texas NAHRO "Reducing Risk in Gas
Operations” 1994
4
Houston Arson, "Gas Fire and Explosion Investigation
Techniques” 1999
City of Corpus Christi, Safety and Risk Management
"Accident Investigation” 1995-1997
Oklahoma Gas Association, Annual Conference "Fire
Safety Training" 1995
American Gas Association, Operations Conference
"Accident Investigation from the Government's
Perspective" 1996
Midwest Gas Association "Accident Investigation” 1997-
1998
Special Risk management consultant with 20+ years of experience
Capabilities in pipeline safety regulations and best industry practices to
meet or exceed requirements for pipeline safety.
Knowledge and experience with operator qualification,
public awareness, damage prevention, pipeline integrity,
best practices. emergency response. and operations and
maintenance programs for transmission and distribution
pipelines.
Expert witness and testifying expert on pipeline safety
regulatory compliance, interpretation of regulations and
standards, and best industry practices for the operation,
maintenance and safety of pipeline facilities.
20+ years of analytical experience with organic, inorganic,
and instrumental analyses, including GC and GC/MS
identification.
Professional and Beta Beta Beta Honor Society
Honorary Texas Gas Association
Affiliations American Chemical Sociely
APR CONSULTANTS
FAILURE INVESTIGATIONS, PIPELINE SAFETY CONSULTING AND TRAINING SINCE 1983
302 IVY LANE. 281.337.67
POL BOX TRS: FAX 281.3: 82
oy
DICKIN: TEX. 77539 CELL 713.201.7943
Aprcompan} som
CONSULTING RATE SCHEDULE
Deposition (4 hour minimum) $200.00 per hour
Executive Consultant $200.00 per hour
Expert Testimony (4 hour minimum) $200.00 per hour
Field Technician $100.00 per hour
Fire/Accident Investigation (4 hour minimum) $200.00 per hour
Field Assistant $ 75.00 per hour
Secretary/Data Entry Operator $ 50.00 per hour
All off-site personnel costs will be billed at a 4 hour minimum.
Expeuses will be billed ai cost.
Mileage will be billed at .50 cents per mile.
Weekends and holidays will be billed at [.5 times the standard rate.
International rates are typically billed at |.5 times the domestic rate and are quoted based
upon geographical location and scope of work.
A non-refundable. minimum retainer fee of $2,500.00 will be charged for all consulting
services.
Terms: Invoices for accrued charges will be submitted ax work is performed or monthly.
All invoices are due upon receipt and past due after 30 days. A 1.5 % late charge will be
added to any balance which remains unpaid 30 days after the date of invoice. In the event
it is necessary to refer this account for collection, the client will be held responsible for
all expenses associated with such including late charges, uttorney’s fees, court costs,
Office and travel expenses.
APR CONSULTANTS
FAILURE INVESTIGATIONS, PIPELINE SAFETY CONSULTING AND TRAINING SINCE 1983
3021 281,337.0700
PG. FAX 281.337.3582
ERAS 775 CELL 713.201.7943
ay pany ant cont
TRIAL AND DEPOSITION LOG 2002-2007
Salvadore W. “Sammy” Russo.
Attorney Case/Sivle Location Deposition/Trial Year
Kent Westmoreland Harrelson v, Reliant Harris County, TX x 2002
Westmoreland Hall Energy
Mike Parker Yurlington v. Noram Rusk County. TX x 2002
Law Offices of
Mike Parker
Robert Guerra Soliz v. Southern Hidalgo County, TX 2002
Thornton, Summers. Union Company
Biechlin, Dunham
& Brown
Yravis Vanderpool Sagely v. TXU Collin County, TX 2002
{unton & Williams
John Hightower Abel v. Daisetta Liberty County, TX 2002
Olson & Olson
W.C. Bratcher Speed v. Energas Potter County, TX 2002
Crenshaw, Milam
& Dupree
Kelli Chism Jones Bailey v. Sabine County, TX 2003
Fulbright & Independent
Jaworski Propane Co.
Randy Donato Washington vy. Harris County, TX 2003
Donato, Minx & Reliant Energy
Brown
Douglas Walla Tavares v. Pass & Hidalgo County, TX 2003
Phillips & Akers Seymour
TRIAL AND DEPOSITION LOG 2002-2007
Salvadore W. "Sammy" Russo
Page Two
Attorney Case Style Location Denosition/Trial Year
Jean Seeber Case of Kenneth Jackson County, MO x 2003
Jackson County Latimer
Family Court
Travis Vanderpool Pena y. Driver Dallas County. TX 2003
Hunton & Williams
Carla Nelson Abundiz v. Explorer Dallas, TX 2003
Newton B. Pipeline
Schwartz, Sr.
Marvin Jones Aston v. SPS Hutchinson 2003
Sprouse Shrader County, TX
Smith
Aaron Pool Ford v. R&L Group Harris County, TX 2004
Donato. Minx &
Brown
Ronald Range Sairovecz vy. Ussery Sevier County, TN 2004
Baker, Donelson,
Bearman & Caldwell
Randy Donaio Washington v. Harris County, 1X 2004
Donato, Minx & Reliant Fnergy
Brown
Michael Hedges Quenette v. Kleberg County, 2004
™
Hedges & Associates Reliant Energy
Todd Taylor Perez-Diaz v. Brazoria County, 2004
Johanson & Fairless T&L Leasing TX
Michael McMullen Smith v. ABC Milwaukee County. 2004
Schlee. Huber, Insurance WI
McMullen & Krause
TRIAL AND DEPOSITION LOG 2002-2007
Salvadore W. "Sammy" Russo
Page Three
Attorney Case Style Location Deposition/Trial Year
Ray Jeffrey Roth v. Integrated Bexar County, x 2004
Stumpf, Craddock Electrical Services TX
Massey & Puliman
Luis Cardenas Camacho v. Hidalgo County, 2004
Hockema. Tippitt & Whirlpool Corp. TX
Escobedo
Edwin McAninet Nino v. K Marketing Jim Wells County, 2004
Law Offices of TX
Edwin L. McAninch
J. Daniel Woodall Zboril v. J-Star Harris County. TX 2005
Donato, Minx & Services
Brown
Brook Minx Third Coast v. Tex Brazoria County. 2005
Honato, Mins & Chem Group PX
Brown
Barry Cannaday BJ Process y. Harris County. TX 2005
Baker & McKenzie ].onghorn Pipeline
Robert Sabin Knott v. Natural Roswell, NM 2005
Atwood, Malone, Gas Processing
Turner & Sabin
Rick Oldenetiet SGS North America Nueces County. 2005
Oldenettel & Assoc v. A&W Office TX
Mike Parker MeBride v. Harrison County. 2006
Law Offices of CenterPoint TX
Mike Parker Energy
Martin Averill BJ Process v. Harris County, TX 2006
Baker & McKenzie Longhom Pipeline
Scott Brown Anderson v. Mobile County, AL 2006
Amnbrecht Jackson Mobiie Gas Service
TRIAL AND DEPOSITION LOG 2002-2007
Salvadore W. "Sammy" Russo
Page Four
Attorney Case Style Location Deposition/Trial Year
James Rader Caterpillar v. Lower Travis County. TX x 2006
Lower Colorado Colorado River
River Authority Authority
J. Clifton Hall Control Solutions v. [larris County. TX 2006
Westmoreland Hall Gharda Chemical
Mike Parker McBride v. Harrison County, 2006
Law Offices of CenterPoint TX
Mike Parker Energy
Randy Donato Porter y. Galveston County, 2007
Donato, Minx & CenterPoint TX
Brown Energy
Scott Brown Robinson v. Mobile County, AL 2007
Anmbrecht Jackson Mobile Gas Service
Bruce Parkerson Georgia Casualty v. Columbus, GA 2007
Plauche, Maselli, Atmos Energy
Landry, Parkerson
Edward Landry Joseph/Jones v. St. Landry Parish, 2007
Landry, Watkins, CenterPoint Energy LA
Repaske & Breaux
Scott Brown Rabinson v. Mobile County, AL. 2007
Armbrecht Jackson Mobile Gas Service
Rick Oldenettel SGS North America Nueces County, TX x 2007
Oldenettel & Assoc v. A&W Office
Martin Averill BJ Process v. Harris County, TX 2007
Baker & McKenzie Longhom Pipeline
DONATO, MINX & BROWN, P.C.
ATTORNEYS AT LAW
3200 Southwest Freeway, Suite 2300
Houston, Texas 77027
www.donatominxbrown.com
Telephone: (713) 877-1112 Facsimile: (713) 877-1138
March 31, 2008
0
Via Hand Delivery gu:
ae,
Theresa Chang ade
Harris County District Clerk
201 Caroline
Houston, TX 77002 510
wl
RE: Cause No.; 2007-13570; Rita Bates v. CenterPoint Energy Inc’T ia" n Boiciat,
District Court of Harris County, Texas
Dear Ms. Chang
Enclosed please find an original and one copy of the following
(1) Defendant’ CenterPoint Energy Resources, Corp’s., d/b/a Texas Gas Operations
(incorrectly sued as CenterPoint Energy Energy, Inc.) Designation of Expert
Witnesses and Supplementation to All Request for Disclosures and
Interrogatories Previously Served on it in this Matter.
Please file the original into the record and return a file stamped copy to me in the
enclosed self-addressed, postage prepaid envelope
Thank you for your assistance in this matter
Sincerely,
DONATO, MINX & BROWN, P.C.
Sharron White
Legal Assistant to Mark R. Pickering
MRP/sw
Enclosures
i
PRIMERS
INTERNATIONAL. SOCIETY OF PRIMERUS LAW FIRMS
Theresa Chang
March 31, 2008
Page 2
Ce: Via Facsimile 281-427-1570
Nicholas Dane Listi
1001 West Baker Road, Suite 201
Baytown, Texas 77521
Preview
\8 CAUSE NO. 2007-13570 RITA BATES § IN THE DISTRICT COURT OF rn at VS § HARRIS COUNTY TEXAS 3 wee OW; CENTERPOINT ENERGY, INC § 334™ JUDICIAL DISTRICE™y 3 DEFENDANT, CENTERPOINT ENERGY RESOURCES CORP’S., D/B/A ‘ees OPERATIONS (incorrectly sued as CENTERPOINT ENERGY, ING.)- a DESIGNATION OF EXPERT WITNESSES AND SUPPLEMENTATION 7 REQUEST FOR DISCLOSURES AND INTERROGATORIES PREVIOUSL ON ITIN THIS MATTER Bae COMES NOW, CENTERPOINT ENERGY RESOURCES CORP., D/B/A TEXAS GAS OPERATIONS (incorrectly sued as CENTERPOINT ENERGY, INC.), Defendant, in the above-entitled and numbered cause and hereby files this its Designation of Expert Witnesses. =l RETAINED TESTIFYING EXPERTS Sammy Russo APR Consultants 302 Ivy Lane Dickinson, Texas 77539 (281) 337-6700 Mr Russo has been retained by Defendant, CENTERPOINT ENERGY RESOURCES CORP., D/B/A TEXAS GAS OPERATIONS., as an expert who will be called upon to offer expert opinions at the trial of this matter. Mr. Russo is expected to testify concerning the fire scene, cause of the fire, ignition sources of the fire/explosion and work performed at the house by both Centerpoint’s employees and the unknown third-party that installed the heater during the days immediately preceding the fire. Mr. Russo will testify concerning the applicable standard of care that a provider of natural gas must exercise in detecting leaks, removing gas service, and restoring gas service to a customer’s home both in the City of Houston and Harris County, Texas. He will testify regarding the standard of care to be exercised by a person repairing gas leaks in a consumer's home. He will testify regarding the standard of care to be exercised by a consumer of natural gas. He will also testify concerning the “odorization” of natural gas, including but not limited to the odorant used in natural gas, the odor threshold of the odorant in natural gas, and the odor threshold level of odorized gas versus the actual concentration of methane. Mr. Russo may also testify about the design, operation, and function of natural gas transmissions systems in general; and specifically regarding the Plaintiffs home. He may also testify about the gas meter, its function, and operation. He will also testify regarding the rules, regulations, and tariffs governing gas distribution companies such as Defendant, and specifically the gas tariff and rate book governing Defendant. Mr. Russo will offer expert opinions based on his review of photos of the fire scene, of all pleadings, discovery, depositions, the gas tariff and rate book, as well as relevant literature and his knowledge, expertise, education, skill, training and experience. Mr. Russo’s qualifications to offer expert testimony in these areas are summarized in his Curriculum Vitae attached as Exhibit “A.” In lieu of preparing a report, Defendant will make Mr. Russo available for a deposition in accordance with the Texas Rules of Civil Procedure. u CROSS-DESIGNATION OF WITNESSES Defendant reserves the right to elicit, by cross-examination, opinion testimony from experts designated and called by Plaintiff or an adverse party. Defendant expresses its intention to possibly call, as witnesses associated with Plaintiff, any of the individuals identified by the Plaintiff as experts. IM. REBUTTAL AND OTHER EXPERT WITNESSES Defendant reserves the right to call undesignated rebuttal expert witnesses, whose testimony cannot reasonably be foreseen until the presentation of the evidence against Defendant. WV. RIGHT TO WITHDRAW /MODIFY DESIGNATION OF ANY EXPERT Defendant reserves the right to withdraw/modify the designation of any expert and to aver positively any such previously designated expert witness will not be called as a witness at trial, and to redesignate same as a consulting expert, who cannot be called by opposing counsel. Defendant also reserves the right to modify the designation of any expert as discovery is ongoing. Vv. RIGHT TO ELICIT ANY OPINION OR LAY OPINION TESTIMONY Defendant reserves the right to elicit any expert opinion or lay opinion testimony at the time of trial which would be truthful, which would be of benefit to the jury to determine material issues of fact, and which would not be violative of any existing Court Order or of the Texas Rules of Civil Procedure. To the extent that any witness identified in Defendant's Response to Plaintiff's Request for Disclosure are qualified by education, training, or experience to give any expert opinion, Defendant reserves the right to elicit expert opinions and testimony from any such witness. Vi. DESIGNATION OF ADVERSE OR OTHER PARTIES In the event a present or future party designates an expert but then is dismissed for any reason from the suit or fails to call any designated expert, Defendant reserves the right to designate and/or call any such experts previously designate by any party. Vil. RESERVATION OF ADDITIONAL RIGHTS Defendant reserves whatever additional rights it may have, with regard to experts, pursuant to Texas Rules of Civil Procedure, the Texas Rules of Civil Evidence, the case law construing same and the rulings of the Trial Court. Vill. RESERVATION OF SUPPLEMENTAL DESIGNATION Defendant reserves the right to supplement this designation with additional information and designations of experts within any time limits imposed by the Court or any alterations of same by subsequent court order or agreement of the parties or pursuant to the Texas Rules of Civil Procedure and/or the Texas Rules of Civil Evidence. Respectfully submitted, DONATO, MINX & BROWN, P.C. By RANDY DONATO SBN: 05973300 MARK R. PICKERING SBN: 00795591 3200 Southwest Freeway, Suite 2310 Houston, Texas 77027 (713) 877-1112 (713) 877-1138 (Facsimile) ATTORNEYS FOR DEFENDANT, CENTERPOINT ENERGY GAS RESOURCES CORP. CERTIFICATE OF SERVICE This is to certify that a true and correct copy of the foregoing pleading has been forwarded to all the following counsel of record via facsimile, c Liaw ail, return receipt requested and/or hand delivery on this the “Y#5 day of a 2008: Nicholas Dane Listi 1001 West Baker Road, Suite 201 Baytown, Texas 77521 Fax No. 281-427-1570 NDY DONATO MARK R. PICKERING EXHIBIT “A” APR CONSULTARTS FAILURE INVESTIGATIONS, PIPELINE SAFETY CONSULTING AND TRAINING SINCE 1983 302 IVY LANE 281.337.6700 P.O. BOX 1158 FAX 281.337.3582 DICKINSON, TEXAS 77539 CELL 713.201.7943 aproumpany @avl.comn SAMMY RUSSO PRESIDENT Education A.A, Chemistry, 1963 Alvin Junior College B.S. Biology. 1965 Lamar University MS. Biochemistry, 1973 Texas A & M University Ph.D. Coursework in Microbiology Texas A & M University, 1973 Pipeline Safety and Currently, Mr. Russo provides risk management safety Risk Management audits for more than 100 operators annually. These include Consulting production, transmission, master meter, and distribution systems. Systems vary in size from less than five to several thousand personnel. Audits generally include evaluations of pipeline safety compliance, operator qualification, public awareness, damage prevention, emergency response, documents, records, safety, operations, maintenance, training, system design, unaccounted for gas, measurement, construction, cathodic protection, leak surveys, odorization, and overall quality and performance. Audits have been provided annually for the Texas Municipal League's Intergovernmental Risk Pool for the past fifteen (15) years and currently Mr. Russo serves as a risk management consultant for numerous gas distribution and transmission companies. He is an associate staff member of the U.S. Department of ‘Transportation's ‘lransportation Safety Institute where he 1 trains federal and state pipeline safety inspectors in pipeline accident investigation techniques. Mr. Russo has provided training to a large portion of the gas industry through presentations for numerous gas associations and regulatory agencies including: the American Gas Association, Midwest Gas Association, Southern Gas Association, Texas Gas Association, Oklahoma Gas Association, Alabama Gas Association, Texas Railroad Commission, Colorado Public Service Commission, Alabama Public Service Commission, Tennessee Office of Pipeline Safety, and the U.S. Department of Transportation. Fire & Explosion Mr. Russo is a recognized expert in fire investigations as Experience well as in the chemistry of fires and explosions, As a chemist, Mr. Russo trains both federal (DOT inspectors, National Transportation Safety Board inspectors, etc.) and state (Office of Pipeline Safety, State Fire Marshals) regulatory and investigative personnel in the science of fire and explosion investigations. As an instructor, he also provides training seminars for the Texas Railroad Commission as well as state and local fire investigators. Mr. Russo's twenty (20) plus years of experience working with federal. state and local fire officials has given him experience in investigating a wide range of fire scenes from airplane crashes to criminal arson investigations. He has completed the State Fire Marshal Training course required for fire marshals in the State of Texas. He has provided expert testimony in a variety of civil and criminal cases and has been an expert witness for the Federal Government (U.S. DOT), the Federal Bureau of Investigation (FBI) and the Bureau of Alcohol, Tobacco and Firearms (ATF). Work History Mr. Russo launched APR Laboratories in June of 1983: APR Consultants was established soon after. Mr. Russo is a trained scientist with experience both in area industry and stale governmental control agencies. His training includes not only water and air pollution monitoring techniques, but also the techniques for evaluating industrial health and safety. Mr. Russo is a skilled laboratory manager and chemist with twenty years of educational and industrial experience. APR Laboratories routinely provides forensic analytical services to support the investigation and litigation services of APR Consultants. Prior to owning APR Laboratories and APR Consultanis, Mr. Russo was Director of Environmental Services and Manager of Projects for Southern Petroleum Laboratories. He joined the staff of Southern Petroleum Laboratories in August 1974, started the Environmental Services Deparunent, and he established SPL's international services. He was responsible for all methods review and development and established new techniques and procedures for the analysis of trace sulfur compounds, geothermal brine waters, trace organics in sea waters, drilling fluids and petroleum products and by-products. As manager of special projects, Mr. Russo specialized in state-of-the-arl techniques for analysis of hydrocarbon, sulfur and brine samples on site. Mr. Russo has performed analytical surveys in Saudi Arabia, Syria, Dubai, Europe, and throughout the United States. He is a recognized authority for the analysis of odorants and sulfur compounds in gas and gas processing streams. Prior to joining Southern Petrofeum Laboratories, Inc., Mr. Russo was Assistant Laboratory Director at Technology Incorporated and provided analytical support for NASA's Apollo and Sky Lab Space Programs. He was responsible for the day to day operation of the laboratory research and development of new methods and procedural quality control. Previous to employment with Technology Incorporated, Mr. Russo was an Assistant Research Chemist at the State of Texas Agricultural Analytical Services Laboratory. He supervised the Vitamin, Antibiotics and Microbiological Laboratories for the State's Feed, Fertilizer and Pesticide Control Agency. As a graduate assistant, he taught for four years at Texas A & M University. In 1966, he worked for Comtronix Service where he serviced communication equipment, radar, and scientific instruments. In 1964, Mr. Russo was employed as a research technician for Monsanto. His duties included the analysis of organic compounds using Gas 3 Chromatography, Mass Spectrometry, Infrared, UV, and Visible Spectrometry. Presentations, U.S. Department of Transportation, Transportation Safety Seminars and Institute, Pipeline Safety Division (Associate Staff Training Member) “Pipeline Failure Investigation Techniques” 1990- 2007 "Investigation of Fires and Explosions" training provided to various state agencies in Alabama, Arizona, Arkansas, Colorado, Georgia, Louisiana, Minnesota, Mississippi, Missouri, Nevada, New Mexico, Oklahoma, Tennessee, Texas, and Wisconsin 1990-2007 Southern Gas Association, Managing Natural Gas Emergencies "Accident Investigation Seminar" 1994-2007 fexas Railroad Commission. Transportation/Gas Utilities Division "Pipeline Safety Regulations for Natural Gas Distribution Operators" 1990-1997 Texas Railroad Commission "Investigation of Fires and Explosions" 1990-1992, 2000-2001 Texas Gas Association "Gas Operation Training Seminars and Workshops on Gas Utility/Pipeline Safety, Accident Investigation, etc." 1993-1998, 2001 Texas A & M University, Fire Protection Training Division "Texas Fire and Arson Investigators Seminar” 1991-1992, 1998 State of Texas Arson Society, Texas A & M University 1992 East Texas Arson Society, Texas A & M University "Investigation of Fires and Explosions" 1990-1991 Staie of Oklahoma, Fire Marshal's Advanced Seminar "National Fire Protection Association Standards in the Investigation of Fires" 1994 City of Houston, Texas NAHRO "Reducing Risk in Gas Operations” 1994 4 Houston Arson, "Gas Fire and Explosion Investigation Techniques” 1999 City of Corpus Christi, Safety and Risk Management "Accident Investigation” 1995-1997 Oklahoma Gas Association, Annual Conference "Fire Safety Training" 1995 American Gas Association, Operations Conference "Accident Investigation from the Government's Perspective" 1996 Midwest Gas Association "Accident Investigation” 1997- 1998 Special Risk management consultant with 20+ years of experience Capabilities in pipeline safety regulations and best industry practices to meet or exceed requirements for pipeline safety. Knowledge and experience with operator qualification, public awareness, damage prevention, pipeline integrity, best practices. emergency response. and operations and maintenance programs for transmission and distribution pipelines. Expert witness and testifying expert on pipeline safety regulatory compliance, interpretation of regulations and standards, and best industry practices for the operation, maintenance and safety of pipeline facilities. 20+ years of analytical experience with organic, inorganic, and instrumental analyses, including GC and GC/MS identification. Professional and Beta Beta Beta Honor Society Honorary Texas Gas Association Affiliations American Chemical Sociely APR CONSULTANTS FAILURE INVESTIGATIONS, PIPELINE SAFETY CONSULTING AND TRAINING SINCE 1983 302 IVY LANE. 281.337.67 POL BOX TRS: FAX 281.3: 82 oy DICKIN: TEX. 77539 CELL 713.201.7943 Aprcompan} som CONSULTING RATE SCHEDULE Deposition (4 hour minimum) $200.00 per hour Executive Consultant $200.00 per hour Expert Testimony (4 hour minimum) $200.00 per hour Field Technician $100.00 per hour Fire/Accident Investigation (4 hour minimum) $200.00 per hour Field Assistant $ 75.00 per hour Secretary/Data Entry Operator $ 50.00 per hour All off-site personnel costs will be billed at a 4 hour minimum. Expeuses will be billed ai cost. Mileage will be billed at .50 cents per mile. Weekends and holidays will be billed at [.5 times the standard rate. International rates are typically billed at |.5 times the domestic rate and are quoted based upon geographical location and scope of work. A non-refundable. minimum retainer fee of $2,500.00 will be charged for all consulting services. Terms: Invoices for accrued charges will be submitted ax work is performed or monthly. All invoices are due upon receipt and past due after 30 days. A 1.5 % late charge will be added to any balance which remains unpaid 30 days after the date of invoice. In the event it is necessary to refer this account for collection, the client will be held responsible for all expenses associated with such including late charges, uttorney’s fees, court costs, Office and travel expenses. APR CONSULTANTS FAILURE INVESTIGATIONS, PIPELINE SAFETY CONSULTING AND TRAINING SINCE 1983 3021 281,337.0700 PG. FAX 281.337.3582 ERAS 775 CELL 713.201.7943 ay pany ant cont TRIAL AND DEPOSITION LOG 2002-2007 Salvadore W. “Sammy” Russo. Attorney Case/Sivle Location Deposition/Trial Year Kent Westmoreland Harrelson v, Reliant Harris County, TX x 2002 Westmoreland Hall Energy Mike Parker Yurlington v. Noram Rusk County. TX x 2002 Law Offices of Mike Parker Robert Guerra Soliz v. Southern Hidalgo County, TX 2002 Thornton, Summers. Union Company Biechlin, Dunham & Brown Yravis Vanderpool Sagely v. TXU Collin County, TX 2002 {unton & Williams John Hightower Abel v. Daisetta Liberty County, TX 2002 Olson & Olson W.C. Bratcher Speed v. Energas Potter County, TX 2002 Crenshaw, Milam & Dupree Kelli Chism Jones Bailey v. Sabine County, TX 2003 Fulbright & Independent Jaworski Propane Co. Randy Donato Washington vy. Harris County, TX 2003 Donato, Minx & Reliant Energy Brown Douglas Walla Tavares v. Pass & Hidalgo County, TX 2003 Phillips & Akers Seymour TRIAL AND DEPOSITION LOG 2002-2007 Salvadore W. "Sammy" Russo Page Two Attorney Case Style Location Denosition/Trial Year Jean Seeber Case of Kenneth Jackson County, MO x 2003 Jackson County Latimer Family Court Travis Vanderpool Pena y. Driver Dallas County. TX 2003 Hunton & Williams Carla Nelson Abundiz v. Explorer Dallas, TX 2003 Newton B. Pipeline Schwartz, Sr. Marvin Jones Aston v. SPS Hutchinson 2003 Sprouse Shrader County, TX Smith Aaron Pool Ford v. R&L Group Harris County, TX 2004 Donato. Minx & Brown Ronald Range Sairovecz vy. Ussery Sevier County, TN 2004 Baker, Donelson, Bearman & Caldwell Randy Donaio Washington v. Harris County, 1X 2004 Donato, Minx & Reliant Fnergy Brown Michael Hedges Quenette v. Kleberg County, 2004 ™ Hedges & Associates Reliant Energy Todd Taylor Perez-Diaz v. Brazoria County, 2004 Johanson & Fairless T&L Leasing TX Michael McMullen Smith v. ABC Milwaukee County. 2004 Schlee. Huber, Insurance WI McMullen & Krause TRIAL AND DEPOSITION LOG 2002-2007 Salvadore W. "Sammy" Russo Page Three Attorney Case Style Location Deposition/Trial Year Ray Jeffrey Roth v. Integrated Bexar County, x 2004 Stumpf, Craddock Electrical Services TX Massey & Puliman Luis Cardenas Camacho v. Hidalgo County, 2004 Hockema. Tippitt & Whirlpool Corp. TX Escobedo Edwin McAninet Nino v. K Marketing Jim Wells County, 2004 Law Offices of TX Edwin L. McAninch J. Daniel Woodall Zboril v. J-Star Harris County. TX 2005 Donato, Minx & Services Brown Brook Minx Third Coast v. Tex Brazoria County. 2005 Honato, Mins & Chem Group PX Brown Barry Cannaday BJ Process y. Harris County. TX 2005 Baker & McKenzie ].onghorn Pipeline Robert Sabin Knott v. Natural Roswell, NM 2005 Atwood, Malone, Gas Processing Turner & Sabin Rick Oldenetiet SGS North America Nueces County. 2005 Oldenettel & Assoc v. A&W Office TX Mike Parker MeBride v. Harrison County. 2006 Law Offices of CenterPoint TX Mike Parker Energy Martin Averill BJ Process v. Harris County, TX 2006 Baker & McKenzie Longhom Pipeline Scott Brown Anderson v. Mobile County, AL 2006 Amnbrecht Jackson Mobiie Gas Service TRIAL AND DEPOSITION LOG 2002-2007 Salvadore W. "Sammy" Russo Page Four Attorney Case Style Location Deposition/Trial Year James Rader Caterpillar v. Lower Travis County. TX x 2006 Lower Colorado Colorado River River Authority Authority J. Clifton Hall Control Solutions v. [larris County. TX 2006 Westmoreland Hall Gharda Chemical Mike Parker McBride v. Harrison County, 2006 Law Offices of CenterPoint TX Mike Parker Energy Randy Donato Porter y. Galveston County, 2007 Donato, Minx & CenterPoint TX Brown Energy Scott Brown Robinson v. Mobile County, AL 2007 Anmbrecht Jackson Mobile Gas Service Bruce Parkerson Georgia Casualty v. Columbus, GA 2007 Plauche, Maselli, Atmos Energy Landry, Parkerson Edward Landry Joseph/Jones v. St. Landry Parish, 2007 Landry, Watkins, CenterPoint Energy LA Repaske & Breaux Scott Brown Rabinson v. Mobile County, AL. 2007 Armbrecht Jackson Mobile Gas Service Rick Oldenettel SGS North America Nueces County, TX x 2007 Oldenettel & Assoc v. A&W Office Martin Averill BJ Process v. Harris County, TX 2007 Baker & McKenzie Longhom Pipeline DONATO, MINX & BROWN, P.C. ATTORNEYS AT LAW 3200 Southwest Freeway, Suite 2300 Houston, Texas 77027 www.donatominxbrown.com Telephone: (713) 877-1112 Facsimile: (713) 877-1138 March 31, 2008 0 Via Hand Delivery gu: ae, Theresa Chang ade Harris County District Clerk 201 Caroline Houston, TX 77002 510 wl RE: Cause No.; 2007-13570; Rita Bates v. CenterPoint Energy Inc’T ia" n Boiciat, District Court of Harris County, Texas Dear Ms. Chang Enclosed please find an original and one copy of the following (1) Defendant’ CenterPoint Energy Resources, Corp’s., d/b/a Texas Gas Operations (incorrectly sued as CenterPoint Energy Energy, Inc.) Designation of Expert Witnesses and Supplementation to All Request for Disclosures and Interrogatories Previously Served on it in this Matter. Please file the original into the record and return a file stamped copy to me in the enclosed self-addressed, postage prepaid envelope Thank you for your assistance in this matter Sincerely, DONATO, MINX & BROWN, P.C. Sharron White Legal Assistant to Mark R. Pickering MRP/sw Enclosures i PRIMERS INTERNATIONAL. SOCIETY OF PRIMERUS LAW FIRMS Theresa Chang March 31, 2008 Page 2 Ce: Via Facsimile 281-427-1570 Nicholas Dane Listi 1001 West Baker Road, Suite 201 Baytown, Texas 77521