ML19221A674
| ML19221A674 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 05/22/1979 |
| From: | Carrier W AMERICAN NUCLEAR INSURERS |
| To: | Saltzman J Office of Nuclear Reactor Regulation |
| References | |
| NUDOCS 7905290285 | |
| Download: ML19221A674 (9) | |
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BURT C. PROOM.CPCU P*esdent May 22, 1979 Mr. Jerome Saltzman, Deputy Chief Office of Antitrust & Indemnity Directorate of Licensing U.S. Nuclear Regulatory Coccission Washington, D.C.
20555
Dear Mr. Saltzman:
Enclosed is a copy of another Complaint filed against the several utilities in the U.S. District Court for the Middle District of Pennsylvania, captioned C. ROBERT LARSEN ETAL.
versus METROPOLITAN EDISON COMPANY ETAL, Civil Action Number 79-594.
Very truly yours,
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William C. Carrier WCC/mbo Enc.
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14 Plaintiffs, by their attorneys, bring this cini action 15 on their behalf of the class they represent, to cbtain da.2ges and I0 the costs of suit from the defendants named herein, and ccnplain 17 anrf allege the following:
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I,,.f. I'."'.':ahis ccnolaint is filed and these proceedings are "O
, f 7J ~. (~ - w inst 1tu ed'5nder the Price-Anderson Act, 42 U.S.C.
5 2210, and n*
99" 23 U.S.C. 5 1331, te recover damages and the costs of suit, includ-ing a reasonable attorney's fee, for the injuria suctained by 93 plaintiffs and the renbers of the class ehich they represent, o
resulting fron a nuclear incident, as hereinafter describ2d.
2.
This Court has jurisdicticn of the subject ratter, and 'cenue is proper, under 42 U.S.C. S 2210 (n) (2). The plaintiffs
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23 and all members of the class are residents of, do business in, or c;ca property in, the.2ddle District cf Pennsylvania.
All of the
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- 3 defendants do business in the.u 21e District of Pennsyl 2nia.
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32 pc.p 1 - Cuss ACT:oa CC::PLA::r
1 II.
2 PLAI" RIFFS 3
3.
(a)
C.
P.obert Larsen, and Marie ". Larsen, his 4
wife, are adult individuals and resida at 144 S.
Early Stre't, 5
Hummelstown, Pennsylvania. Said plaintiffs are ownern of real 6
property located seven (7) miles of Three 'ile Island and were 7
forced to rer.ain in that vicinity during the entire period of 3
the helcw-described nuclear incident.
9 (b) Peter Davis, and Carol A.
Davis, his wife, 10 are adult individuals and reside at R.D.
6, Hummelstown, Pennsy-11 Ivania, approximately six (6) miles frca Three Mile Island.
12 Said plaintiffs were evacuees from the :.uclear incident.
Plain-13 tiff Carold A.
Davis was pregnant at the time of the incident.
14 (c) William Shields, and Susan Shields, his <ife, Eli abethtown, 15 are adult individuals and reside at R.D.
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16 Pennsylvania. Said plaintiffs and their two young children were 17 evacuees from the nuclear accident and are cwners of real prcperty 13 located six (6) miles from Three %ile Island.
19 (d) Barry Buck and Toni Buck, his wife, are adult 20 individuals and reside at 6 Shirley Drive, Middletown, Pennsyl-21 rania.
Said plaintiffs and their two young children were evacuees 22 from the nuclear incident and are owners of real property located 23 three (3) miles frcm Three ' tile Island.
24
- III, 25 D E F n:D.;"TS 20 4.
Each of the corporations named below in this para-graph is made a defendant herein.
Each of said defendants is 27 23 incorporated and exists under the laws of the state listed oppo-29 site itt asse, with its principal place of Luciness at th: city 30 listed:
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- c tropoli _an Edison Oc.pany Pennsyl/ania
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Eerks County, PA Jersey Central Poser &
4 Light Co.
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- c. Eay ::Derrott c Co panf,
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General Public Utilitio.
7 Corporation Pennsyh=.nia Parsippany, ::J S
Catalytic, Inc.
Pennsylvani2 Philadelphia, PA 9
5.
(a).etropolitan Edison Company and Jersey Central 10 Power and Light Co., owned and operated a nuclear po er plant on 11 Three ':ile Island, outside Harrisburg, Pennsylvania, during the 12 time of the nuclear incident shich is the subject of this Complaint.
13 (b) Babcock & tiilcox Company designed, manufactured, 14 and installed the nuclear reacto at the Three ::ile Island power 15 olant.
15 (c)
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E2y ::cc e rro t t & Co.,
Inc.
is the parent and 17 controlling entity of Babcock & Micox Ccmpany.
IS (d) General Public Utilities Corporation is the 19 parent ar.3 controlling entity of 2tropolitan Edison Company.
20 (e)
Catalytic, Inc.,
held a mintenance contract 21 cn the nuclear f acility at Three.:il e lulir' 2
IV, 23 CLASS ? T IC S ALLEGATIC::S 24 6.
Plaintiffa bring thu action on behalf of themselves 25 and, cader Rule 23 of the reder:1 Rules of Civil Procedure, as 26 representatives of the class defined.
27 (a) The class consists of all those residents with-23 in a 20 mile radious of Three "ile Island who have suffered 29 econcnic harm as a result of the nuclear incident which is the 30 subject of this Complaint.
Plaintiffs are presently unable to 31 state the prccise situ of the class, which plaintiffs allege num' urs in the thousands.
Tha class is suf f i cien tl'; nuner0us
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1 that j oinder of all its men.bers is imp rac t ic able.
1 (b) Plaintif fs will fairly cnd ade<;ustely protect 3
the interests of the class.
The interests of plaintif fs are 4
coincident with, and not antagonistic to, those of the remainder 5
of the class.
In addition, plaintiffs are represented by exper-6 icnced and able counsel who have litigated class actions in 7
district and appellate Courts throughcut the United states, and S
.:ho have extensive expericrce la the erea of energy and utility 9
law and practice.
10 (c) Cormon questions of law and fact exist with 11 respect to the nuclear incident which is the subj ect of this 12 Complaint. The only possible individual question afte. ting indi-13 vidual
=2 bers of the class is the precise amount of dacages to 14 which each cembe r of the class is entitled.
15 (d) Because the cnly non-cocron issue is the a cunt 16 of indivicual damages to each particular class member, co::: con 17 questions of law and fact plainly predominate. Class action treat-18 ment is a superior cethod for the fair and efficient adjudication 19 of the controversy herein described, because it permits a large 70 nu=ber of inj ured persons, joinder of who is impracticable to 21 prosecute their co=non claims in a single forum simultaneously 22 and with:ut unnecessary duplication. The class action provides 23 an ef ficient method whereby the enforce ent of the rights of plain-24 tiffs, the class members, and the defendants can be fairly managed.
25 The class description is similar to that of classes approved in 26 other cases in this and other districts, and the class cine will 27 not Present unusual proble=3 of canmgerent or notice.
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A " nuclear incident" as used in this Cceplaint is 3
defined to mean any occurrence, including an extraordinary nuclear 32 occurreace, ith t.,
the United States caucing loss of cr da age to
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y property, or loss of uP: of property, a r is i.. ; out of ar resulting 2
frca the radioactive, toxic, explosive, or other h2zardous pr:per-3 ties of source, special nuclear, or by-product raterial.
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8.
On or about aarch 29, 1979, and continuing there-7 after at least until the dat of filing of this Ccrplaint, a g
nuclear incident c curred at t'.ge Three !ile Island facility.
9 9.
As a result of that nuclear incident, radioactive 10 debris u; ispersed throughout the area at least within a 20 11 mile radit ' of the Thrte ule IslTnd facility In addition, there 12 was an imminent threat a nuclesr catastrophe including a poten-13 tial "meltdo:in" of the Three :!ile island facility.
14 10.
As a result of the nuclear incident and the dispersal 15 of radioactive debris, class members vere subject to radiation 15 exposure over an extended period of time.
A general emergency 17 ans declared, and pregnant war.en and children were recuested to 1S leave the area.
Numerous persons exercising reasonable prudence, 10 were forced to leave the area cr avoided entering the area.
1.umer-20 cus other persons for various reasons were forced to remain with-21 in the area for the entire period of the nuclear incident.
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The nuclear incident war proximate ~..y caused by the 25 follcwing factors, acting cither singly or in combinaticn:
25 (a) negligence in the operation of the Three ?Cle 27 Island nuclear facility, 23 (b) negligence in the manufacture and/or design 2C of the Three ule Island nuclear facility; 30 (c) negligenca in the ranufacture, design, and/or 31 instalition of the nuclear rean.^r at the Three 'ile Island 32 nuclear facility, P" a,. - ~ L m. t O O r.
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manufacture, design, (d) defects in the operation, t
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the Threa ? tile at installation of the nualear reactor 2
and/or 3
Island nuclear facility, in violation of Restateuent (Secord) of
't Torts, & 402A; acti-the niscarriage of an altra-hazardous 5
(e) facility.
vity, nanely the activity of operating a nuclear 6
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. r ta inter alia, the follow-The nuclear iacident has had, 9
12.
If ing effects:
the forced to evacuate 11 (a) Munerous residents were for a period of tine; 12 area Manerous residents were exposed to radiation 13 (b) includir.g regular medical attention, M
which will require future 15 nonitoring for many years; ite and other property 16 (c) The value of real c ceen dininished.
within a 20 mile radies of the area has I
Leacuees and other residents incurred signifi-IS (d) nisconduct, proximate result of the def endants' 19 cant expenses aa a and/or ultra-hazardous activities.
"O negligence As a direct and proximate result of the violations 21 13.
iff clasc have suf-alleged, plaintiffs and meriers of the plaint 22 73 fered economic harn, including, inter alia, loss of incere, and frcn the effects set forth in '. '. 12 (a) 24 travel and living expenses 25 and 12 (d), supra.
result of the violation 25 14.
As a direct and proximate plaintiffs and nerbers of the plaintiff class suffered 27
- alleged, their real estate and other property, as 23 a diminution in value of
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29 set forth in ?: 12 (c),
sun:
and nroxim'te renuit of the violation 30 15.
As a direct 31 211eged. plaintif f s and I _n'rers of t'.'._ plaintiff class have for treatnent till req lire e::re:.ditures cuffered modily harn,:hich
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and monitoring of their conditio.s.
I 16.
The da-ages to plaintiffs and the -.bers of the class are believed to be in the aggregate at least cqual to 3
$560,000,000, the st7tutory ficure.
17.
Plaintiffs are entitled to an award of punitive 5
damages due to the acts alleged herein.
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?laintif fs demand a trial by jury of all issues so g
triable in this cause.
10 XII.
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11 PPMER FOR RE' IEF 13 imEREFCRE, plaintiffs pray that:
13 Plaintiffs and other rembers of the plaintiff class A.
g recover the danages deter.ined to have been sussained by each cf g3 then respecti"ely, and for the punitive damages to which the 15 plaintiffs are entitled, and that joint and several judgment be 17 for the amounts ent,ered herein against defendants and each of then, IS determined.
19 3.
This Court grant such other, further and different 20 relief as may be deemed just and proper.
21 Plaintiffs und reders of the class recover the c:sts C.
22 23 of this suit, including any expe witness fees, together <ith a reascnable attorney's fee.
24 D3TED: Aay 7 1979.
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2000.arket Street 27 Philadelphia, PA 19103 2S and
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