ML19256G048

Forwards Summons & Complaint Issued by State of Ma Against Util,As Result of Excessive Radiation Exposure to Plaintiffs

ML19256G048
Person / Time
Site:	Pilgrim
Issue date:	12/20/1979
From:	Andognini G BOSTON EDISON CO.
To:	Harold Denton Office of Nuclear Reactor Regulation
References
79-274, NUDOCS 7912270321
Download: ML19256G048 (14)

Text

{{#Wiki_filter:* BOSTON EDISON COM PANY GENERAC QFFICES 900 SQYLSTON STREET SCSTON, MASSACNuSETTS O 2199 Q. CAUL ANOQGNINO S U PEme NTEN D ENT NUCLEAR QSEN ATIONS DEPARTMENT December 20, 1979 BECo. Ltr. 479-274 Mr. Harold R. Denton, Director Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission Washington, D. C. 20535 License No. DPR-35 Docket No. 50-293 Notification of a Clair Dear 'r. Denton: Pursuant to 10 CFR 140.6 this letter serves as notification that a claim has been filed against Boston Edison Company arising out of or in connection with its operation of Pilgrim Nuclear Power Station, Unit 11. A copy of the sur-sons and complaint are attached for your infornation. Should there be any questions concerning this notification, please contact us. Very truly yours, f p df, " j""~~T / $v 61 t 1643 121 7912270

h QIommantucaltly of fHassadjusetts. SUFFOLK, ss. e a s tg SUPERIOR COURT DEPARTN1ENT OF THE TRIAL COURT

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CIVIL ACTION -i l= 1 \\....' No. 38792 Ralph E. Fitts, et al , Plaintiff (s) 89 O 25 V- ~c E3 32 Boston Edison Company, et al , Defendant (s) fd =t 3f ~ SUN 1510SS I2% av 8) To the above. named Defendant: Boston Edison Company I2

== t You are hereby summoned and required to serve upon Richard W. Murphy S E Murphy, Irere anc Mrphy, P.O. Box 356 3; pla.mtiff's attorney, whose address.is._.;CC-FrMil' MMMatr%-M. 0218 ? , an answer to d jf the complaint which is herewith sened upon you, within 20 days after service of this summons upon you, j( exclusise of the day of service. If you fail to do so, judgment by default will be taken against you for the j1 relief demanded in the complaint. You are also required to file your answer to the complaint in the offi:e 'sy of the Clerk of this court at Boston either before service upon p!aintiff's attorney er within a reasonable iG au time thereafter. E EE aj Unless otherwise provided by Rule 13(a), your answer must state as a counterc! aim any claim which you __ey may have against the plaintiff which arises out of the transaction or eccurrence that is the subject matter of }E the plaintiff's claim or you will thereafter be barred from making such claim in any other action. gg c5= ae S i, o Witness, JAN1ES P. LYNCH, JR., Esquire, at Boston, the twelfth day of .o t; g Deceder . in the year of our Lord one thousand nine nundred and seventv-nine.t, EN oe9 4 a :. O Es f !I!, ~ [$s Clerk of Court 9: I oi~ zt= NOTES.

1. This summons is issued pursuant to Rule 4 of the Stassachusetts Rules of Civil Procedure.

2. When more than one defendant is involved, the names of all defendants should appear in the caption. If a separate summons is used for each defendant, each should be addressed to the particular defendant.

3. TO PLAINT!FF'S ATTORNEY: PLEASE CIRCLE TYPE OF ACTION INVOLVED

+- TORT -(2) MOTOR VEHICLE TORT -(3) CONTRACT -(4) - EQUITABLE RELIEF - t5) - OTHER rare,av.P_i N no o saoM 1643 122

w s. i COMMONNEALTH OF MASSACEUSETTS SUFFOLK, SS. SUPERIOR COURT CIVIL ACTION 3879F L i I

• • • • • • • • • • • • • unnxan********

L I RALPH FITTS and DOROTHY FITTS, ,l Plaintiffs 1 l I i VS. COMPLAINT i' I h BOSTON EDISON COMPANY and l ll CROUSE NUCLEAR ENERGY I SERVICES, INC., j Defendants

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t i: i 1. This is an action to recover damages sustained U b'y the Plaintiffs as a result of the exposure of the i Plaintiff, Ralph Fitts, to excessive radiation uhile I employed at the Pilgrim Nuclear Power Station, Plymouth, Massachusetts. i I p PARTIES d j! 2. The Plaintiffs, Ralph Fitts and Dorothy Fi.tts, I' ' are residents of New Hampshire. n!j 3. The Defendant, Boston Edison Company, is a Cor-e Poration organized under the laws of the Commonwealth i of !!assachusetts, doing business in Massachusetts, with ~ a principal place of business in Boston, Massa,chusetts. l i e 8 / 1643 123 y

e. l 4. The Defendant, Crouse Nuclear Energy Services, i Inc.,is a corporation doing business in Massachusetts, with a principal place of business in Massachusetts ,I. at Plymouth, Massachusetts. )! 5. The Defendant, Boston Edison Company, is a private,' investor-owned corporation, conducting business for profit. 6. The Defendant, Boston Edison Company, at all times i e imaterial, owned and operated the Pilgrim Nuclear Power ,.I ' Station in Plymouth, Massachusetts for profit. ,j 7. .The Oefendant, Crouse Nuclear Energy Services, Inc., l-!! is an independent contractor whose employees provide d , specialized maintenance and repair services for the .i Pilgrim Nuclear Power Station. ( 4 8. On November 23, 1977, the Plaintiff, Ralph Fitts, vas employed as a pipefitter at the Pilgrim Nuclear I* Power Station by the Defendant, Crouse Nuclear Energy i s !' Services, Inc. ! 9. On November 23, 1977, the Plaintiff, Ralph Fitts, I was assigned to repair a valve on the top of a clean l !.' waste receiver tank in the Clean Waste Process Room i li[ located in the restricted RADWASTE area. l i [10. This assignment was pursuant to a request for j 3: I !! maintenance and repair services by the Defendant I Boston Edison Company to the Defendant Crouse Nuclear ,I Energy Services, Inc. h c I; I i-1643 124 l

l 0 s- ~ 11. The Plaintiff, Ralph Fitts, rep'orted to the step-off pad area common to the Clean Waste Process Room . on November 23, 1977 pursuant to this assignment. i l' i y 12. The doors to the Clean Waste Process Room and j p; the Sludge Ta.nk Receiver Room were adjacent and at j right angles to each other. 13. General area radiation levels per hour in the l Sludge Tank Receiver Room were approxigately.fif ty times [higherthanthoseoftheCleanWasteProcessRoom. I Radiation levels per hour at certa.in contact points in id the Sludge Tank Receiver Room were approximately two 1 i hundred times higher than those of the Clean Waste

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Process Room. l y I U 14. The Defendants know that the Sludge Tank Receiver Room contained dangerous levels of radiation on November 23, 1977. g 15. Representatives of the defendants directed the i Ralph'Fitts, to enter the~' Sludge Tank Re-l E:!! plaintif f, I g ceiver Room on November 23, 1977.

. 16.

Pursuant to his work assignment on November 23, I.

1977, the plaintiff, Ralph Fitts, entered the Sludge

^

Tank Receiver Room.

j I' 1 7. The plaintiff, Ralph Fitts, was exposed thereby f ,, to levels of ra,diation in violation of safet'y limits f ,' established by federal regula tions of the United yStates Nuclear Regulatory Commission. i643 125! a j 9 } qwn 4 4e 'w , SU.k inlm 18. The entries to the Clean Waste Process Room and I the Slddge Tank Receiver Room were not marked in a l' manner which permitted a distinction between them on iNovember 23, 1977. l r 19. The failure to mark the Clean Waste Process and I { Sludge Tank Receiver Rooms in a manner which permitted lil a distinction between them on November 23, 1977 violated. i ' regulations of the United States Nuclear Regulatory l I Commission. ~ 20. The defendants f ailed to adequately instruct the plaintiff, Ralph Fitts, about the location of the i: I entrance to the Clean Waste Process Room. I ' 21. The defendants f ailed to direct:the plaintif f, i Ralph Fitts, to avoid the adjacent entry to the Sludge Tank Receiver Room. 22. The survey map which the def endants used to explain the layout of the Clean Waste Process Room, I entitled "Radwaste EL-1 Clean Waste Area", neglec ts s entirely the adjacent Sludge Tank Receiver Room which contained excessive levels of radiation on November 23, i i l1977. 23. The plaintiff, Ralph Fitts, was not informed of i j the radiation intensities within the Sludge Tank Receiver Room on November 23, 1977. 24. Two separate times after the plaintiff, Ralph .Fitts, entered the Sludge Tank Receiver Room on [! l643 126' ].

November 23, 1977, he returned to the step-off pal 8 I area for consultation with representatives of the defendants because the area he had entered did not conform to descriptions of the intended work area. On one additional occasion, his working partner, James Pires, returned to the step-of f pad area for the same r !- purpose. ii The defendants did not instruct the plaintiff,

25.

'i!jRalph Fitts, or his partner to avoid the Sludge Tank p h Receiver Room and did not direct the plaintif f, Ralph I I:: Fitts, or his partner to the Clean Waste Process Room. i. h 26. The failure of the defendants to inform and i.E instruct the plaintiff, Ralph Fitts, about the location of areas of dangerous radiation violated federal saf ety, regulations of the United states Nuclear Regulatory Commission. l 27. The Sludge Tank Receiver Room in the RAD'r7ASTE l 6 I area was' hot secured with a padlock on November 23, .1977. 5! 28. The defendants' failure to secure the Sludge Tank ~ 1977 li Receiver Room with a padlock on November 23, Eviolated ' federal safety regulations of the United r, ii t-' States Nuclear Regulatory Commission. 'i. The resulting exposure of the plaintiff, Ralph 29. 8'Fitts, to excessive radiation, the failure to inform i him of the location of such radiation, the f ailure to 1643 127 l 3 l'; f!

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d l n P and l [properlyidentifyareasofexcessiveradiation, 's the failure to secure such areas of excessive radiation I were held to be violations of applicable f ederal regu-lations by the United States Nuclear Regulatory l i l 'j Commission Docket No. 50-295. 30. The United States Nuclear Regulatory Commission fined the defendant Boston Edison Company a total of Sixteen Thousand Dollars ($16,000.00) for these violations, Nuclear Regulatory Commission Docket No. 50-295. t'!31. The plaintif f, Ralph Fitts, has suff ered immed-l iate, serious and irreversible bodily injury and l i ldl emotional trauma, pain, suffering,.and mental anguish I. h'[ as a direct and proximate result of his exposure to I D ~ excessive radiation on No" ember 23, 1977. The injuries inflicted upon the plaintiff, Ralph l 7 r l Fitts, include radioactive exposure of his organs, { " tissues, bones and genes. He has been put to the i. - expense of obtaining medical and hospital treatment, ~ .g and he has lost wages and benefits. I! He has suf f ered severe mental and emotional .i Ii suf fering and mental anguish due to the '. i trauma, pain, ,ffearofpermanentbodilyandgeneticinjuryand accelerated death from his exposure to excessive f radiation which has seriously disrupted the tranquility. l of his family life, and has impaired his ability to s live and work in his customary fashion. [643 128 i. i;. 's

s U CLAIMS e I count I: Boston Edison Company 32. The generation of electricity by the defendar.t, e i Boston Edison Company, at the Pilgrim Nuclear Power i Station by means of Atomic Energy creates unusual I risks by virtue of its use and creation of radioactive

l. material.

I; I' -{33. The generation of electricity by the defendant, . Boston Edison Company, at the Pilgrim Nuclear Power I! Station by means of Atomic Energy is an abnormally 3 = dangerous and ultrahazardous activity. I I I ,. 3 4. The generation of electricity by the defendant, !!. Boston Edison Company, at the Pilgrin Nuclear Powe. Station is an unnatural and abnormal usage of land, involving a process capable of irradiating vast numbers of persons; inducing cancer, leukemia and genetic mutation; 'and shortening human life. 35. Said generation of electricity by means of Atomic ; i Energy created a danger of harm to the plaintiff, 9 , Ralph Fitts, from exposure to radiation. { 3 6. The plaintiff, Ralph Fitts, suffered physical

• ? injury and severe emotional distress, pain, suffering and mental anguish from his exposure to radiation in

.- the Sludge Tank Receiver Room of the Pilgrim Nuclear Power Station on November 23, 1977. i e

• 1.643 129 I

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\\ l 37. The defendant, Boston Edison Company, is absolutely

• i and strictly liable for any and all such harms resulting i

from the exposure of the plaintiff, Ralph Fitts, to E radiation in the course of his employment at the Pilgrim; ~; Nuclear Power Station. I]' Court II: Boston Edison Company 38. The defendant Boston Edison Company,,at all times material, maintained exclusive control, management, j direction and supervision of the Plymouth Nuclear Power ll. Station, the sources of radiation therein, and the i i RADWASTE area including the Clean Waste Process Room Ij and the Sludge Tank Receiver Room. i: 1 il 39. The exposure of the plaintiff,. Ralph Fitts, to l i ,' excessive radiation at the Pilgrim Nuclear Power ^

• s 1

Station is the kind of occurrence which usually does

• '. not happen in the absence of negligence by the def endant or its agents.

g ll40. The plaintiff, Ralph Fitts, did not cause his 1 [ exposure to excessive radiation at the Pilgrim Nuclear 9 I. I j Power Station on November 23, 1977. l- { 41. The defendant, Boston Edison Company, negligently l ..j. exposed the plaintiff, Ralph Fitts, to excessive h radiation at the Pilgrim Nuclear Power Station on ii [ November 23, 1977. t 42. As a direct result of the negligence of the i I i r . defendant, Boston Edison Company, the plaint f R 1 ll r !j

i 8 li l jFitts, suffered physical injury and severe emotional l t jdistress, pain, suffering and mental. anguish. .l

• t s

! Count III: Boston Edison Company i 43. The defendant, Boston Edison Company, in a willful,! l lwantonandrecklessmanner, showed extreme disregard for' i I the safety of the plaintiff, Ralph Fitts, in exposing him to excessive radiation, failing to inform him of the location of such radiation, failing to properly identify h areas of excessive radiation, and failing to adequately jsecure areas of excessive radiation. 44. As a direct result of the willful, wanton and l lrecklessconductofthedefendant, Boston Edison il[ Company, the plaintiff, Ralph Pitts, suffered physical i. ' injury and severe emotional distress,' pain, suffering and mental anguish. 8 .C_oun t IV : Boston Edison Company I 45. The defendant, Boston Edison Company, was negligent' I . in exposing the plaintiff, Ralph Fitts, to excessive I levels of radiation, failing to inform him of the l location of such radiation, failing to properly identify; li !! areas of excessive radiation, and f ailing to adequat ely .li .y secure areas of excessive radiation. i! ', 46. As a direct result of negligence of the defendant,. Boston Edison Company, the plaintiff, Ralph Fitts, . suffered physical injury and severe emotional distress, 1 pain, suffering and mental anguish. I: i,.- ( 9_ li 1643 131 q ll

f ]D "]D]l$' D c w Ju; w JUJ U lAl 7 hlCountV: Crouse Nuclear' Energy Services, Inc. i 47. The defendant, Crouse Nuclear Energy Services, Inc., y in a willful, wanton and reckless manner, showed { hextremedisregardforthesafetyoftheplaintiff, i Ralph Fitts, in exposing him to excessive radiation j failing to inform him of the location of such radiation, ( I; failing to properly identify areas of excessive radia-I tion, . 'i and failing to adequately secure areas of- ! excessive radiation. I 1 ,! 4 8. As a direct result of the willful, wanton and

l reckless conduct of the defendant, Crouse Nuclear I Energy Services, Inc., the plaintiff, Ralph Fitts, if

[ suffered physical injury and severe emotional distress, [

pain, suffering and mental anguish.

Count VI: Crouse Nuclear Energy Services, Inc. 49. The defendant, Crousa Nuclear Energy Services, Inc., t j was negligent in exposing the plaintiff, Ralph Fitts, j

to excessive levels of radiation, failing to inform him

'lof the location of such radiation, failing to properly j identify areas of excessive radiation, and failing to a { adequately secure arcas of excessive radiation.

j 50.

As a direct result of negligence of the defendant', ,!lCrouseNuclearEnergyServices, Inc., the plaintiff, [ 1-Ralph Fitts,. suffered physical injury and severe .; emotional distress, pain, suffering and mental anguish. [ I 1: f 1643 132 i. l

.l N l r ~ 1 l ! Count VII The plaintiff, Dorothy Fitts, has been married l l 51. 1 to the plaintiff, Ralph Fitts, at all times material. I! I As a direct and proximate result of the exposure l 52. ,of the plaintiff, Ralph Fitts, to excessive radiation s i at the Pilgrim Nuclear Power Station on November 23, 1977, the plaintiff, Dorothy Fitts, has been deprived ~

and continues to be deprived of the full society, I services and consortium of her husband and has suffered and continues to suf f er severe emotional distress.

the plaintiff, Ralph Fitts, prays for I. WHEREFORE, Boston Edison Company, ' judgment against the def endant, ($3,000,000. 00), ! in the amount of Three Million Dollars l i

! interest and costs.

i.'n The plaintiff, Dorothy Fitts, prays for judgment Boston Edison Company, in the against the defendant, i (.$ 500,0 0 0. 0 0), h amount of Five Hundred Thousand Dollars I t ~ ', interest and costs. The plaintiff s pray for judgment against the

l. defendant, Boston Edison Company in the amount of

- l ! Five Million Dollars ($5,000,000.00) punitive damages, i ~*l, interest and costs. g The plaintiff, Ralph Fitts, prays for.. judgment I I Crouse Nuclear Energy Services, I .-E against the defendant, ~ in the amount of Three Million Dollars IfInc., i ($3,000,000.00), interest and costs. l643 J33 i [ i I [ f I: ..... = _

t I 3; j l N ,l The plaintiff, Dordthy Fitts, prays for judgment l against the defendant, Crouse Nuclea.r Energy Services, l Inc. in the amount of Five Hundred Thousand Dollars l i ($500,000.00), interest and costs. i The plaintiffs, pray for judgnent against the l l l defendant Crouse Nuclear Energy Services, Inc. in the l amount of Five Million Dollars ($5,000,000.00) punitive I l damages, interest and costs. l l THE PLAINTIFFS DEMAND A TRIAL BY JURY. I i i f The Plaintiffs, by their attorneys, [ i Richard W. Murphy j f, John P. Flynn Murphy, Lamere & Murphy I 400 Fra.nklin Street Braintree, MA 021S4 848-1850 i I { a C i t. e i-:: 4 i-l i j 1; i I i 1643 134 i l !* i e e pw?_ ,;p;_51 -ry ,,4:sn ~, ppywnmv.- p z.g.,.+mm~ ~~, --my: =.==_m _}}