ML19246B573

Comments on Socioeconomic Impact of TMI Incident Re Liability Claims & Reimbursements.Documentation Re Particular Claims Encl

ML19246B573
Person / Time
Site:	Crane
Issue date:	06/25/1979
From:	Carrier W AMERICAN NUCLEAR INSURERS
To:	Bartle H PENNSYLVANIA, COMMONWEALTH OF
Shared Package
ML19246B569	List: ML19246B568 ML19246B573
References
NUDOCS 7907170235
Download: ML19246B573 (14)

Text

,

DRAFT - June 25, 1979 Honorable Harvey Bartle, III Commissioner of Insurance Commonwealth of Pennsylvania Room 402, Finance Building Harrisburg, Pennsylvania 17120

Dear Commissioner Bartle:

Re: Three Mile Island Socioeconomic Imoact Study Inasmuch as we are unable to comply specifically at this point in time with your request of June 19th, some general comments are in order.

We have bulk reserved the entire incident, hence are unable to provide specific detailed information as respects reserves on individual files.

Our Harrisburg Service Office was opened promptly and went into action early so as to provide needed evacuation expenses for those who were responding and were qualified under Governor Thornburgh's Advisory, namely:

1.

Resided within a five-mile radius of the reactor; and 2.

The household was made up of pre-school children and/or tnere was a pregnant female on the premises.

An initial advance was made to qualified applicants covering an estimated 5-day evacuation expense.

Subsequently, an additional three more days estimated evacuation expense was pid to each claimant and again an additional three days estimated cost was advanced, for a total of 11 full days.

The evacuation expenses were advanced on the basis of the formula set forth hereafter:

Those livina with relatives or soneone else:

$15.00 per day for food for each adult and $15.00 per day for lodging far each adult.

$7.50 per day for food for all children 12 or older and

$7.50 a day for lodging for this group.

$5.00 per day for food and

$5.00 per day for lodging for all children under 12.

34 79071702 3 f

2-For Those who were forced to go to a motel, the following schedule was used:

One person alone

$50.00 per day Husband and wife

$80.00 Husband, wife & 1 child

$90.00 with an additional $15.00 for each additional child Subsequently, all those to whom original evacuation advance payments were made were re-contacted and invited to present a claim for net wage loss if one was sustained during the period of evacuation and at the same time requesting an accounting of the funds previously advanced in the event such wage claim was made.

Through June 21st we have paid a total of 3,142 evacuation cases pursuant to the above schedule at a total cost of $1,205,981.50.

We have also ceen presented with 529 wage loss claims and of those 529 claims 452 were judged eligible for additional payments and paid a total of $59,480.72 as of June 21st. On 77 wage claim submissions the claimant failed to account for and it appeared that the evacuation payments equaled or exceeded the additional wage claim.

Summarizina as of June 21, 1979 Evacuation claims paid 3,142 total dollars

$1,205,981. 51 Wage claims paid 452 total dollars 59,480.72 TOTAL

$1,265,462.23 Inasmuch as the majority of these claims were initially paid with a more or less

" panic" situation prevailing, the files are not replete with full details.

Further, inasmuch as all wage claims have been paid against this same group of files, we do not at this point in time have a specific break-down as to a separation of evacuation and wage loss claims.

340 091

c-M Your inquiry relates to all claims within a 20-mile area and as noted above these will all qualify as all of these claimants fell within a 5-mile radius.

In some instances travel expense and other expenses were paid in lieu of cr as an estimate for housing, food, etc.-and this will likely be disclosed as a result of the audit now under way.

No claims other than those mentioned abs /e have been paid.

Likewise, except for those who failed to qualify under the Governor's Advisory, no claims have been paid at this point in time or completely rejected.

However, those who failed to qualify for evacuation expense were declined initially as r.ot falling within the Governor's Advisory.

In addition to the claims identified above, 513 claims for evacuation expense were made, all of which were declined as failing to qualify under the Governor's Advisory.

It was determined later that several of these claimants would qualify and they were reimbursed and are included ir. the 3,142 claims identified above.

B.

Summary of Government Agencies and other Public Body Claims As of June 21st we had received 14 such claims.

Exhibit 1 attached hereto identifies these claims by claim number, name of claimant and a brief description of the type and amount of the claim.

We have an additional series of claims identified as Business Interruption Claims which totals 65 and is attached hereto as Exhibit 2.

These claims are identified as to date received, claimant, claim number, basis ;f claim and amount claimed, where known.

As indicated above, none of these claims have been either paid or rejected in toto.

Initially, all w ce advised hat we were at that point in time recognizing only evacuation type claims.

340 092

4_

On *tay 25th, at a pre-trial conference before the Hon. John Havas, U.S.

iiagistrate of the U.S. District Court for the Middle District of Pennsylvania, the subject of the payment of business claims was discussed and the Court requested that we hold back on the payment of such claims at that time and subsequent to that date claimants have been so advised.

C.

Identification of all Class Action suits and their Alleced Demaces Exhibit 3 attached hereto itemizes and su=arizes existirig legislation as of this date, including individual actions in addition to the Class Actions requested.

D.

Nine days after the incident a property reserve was established for an estimated compensable property loss of $140 million doilars.

Extensive investigr' ion is presently under way to accurately assess the loss.

Inasmuch as the containment area remains closed, complete information is not available but when the additional facts are developed a revision of this reserve may be in order.

Our counsel has not yet completed its review of the legal and factual determinants of liability and extensive discovery will eventutilly be undertaken.

We are noe.

in a position at this point in time to estimate the ultimate or expected legel liability of the nuclear insurers as a result of the T.M.I. incident.

I an informed that neither the ISO nor others have made any studies or surveys to date for liability rating purposes in view of the proximity to the date of occurrence.

Very truly yours, William C. Carrier Claims Counsel Enclosures 340 093

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ESSF 2 Claim Number Name of Claimant Brief Details 01-100252 City of llarrisburg Amount claimed is $4,652.59.

Not within five mile tadius.

Expenses incurred by Department of Public Safety; overtime police & fire de-7s partment, reals, duplicating costs, 5 tickets c;)

dismissed, parking meters.

C?

01-100259 Township of Ilampden Anount claimed is $392.53 at present - possibly

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u..mately in excess of $10,000.

Not within rle fi r mile radius. Overtime, transportation, meals, copies.

01-100264 Borough of Penbrook Amount clained is $1,075.36. The borough is outside the five-mile limit. Wages - S.S.

Unemployment tax & gas, 01-100280 Borough of Goldsboro Amount clair.ed is $4,543.88 - Police, Civil Defense & Supplies. The borough is within the five mile limit.

01-100333 Township of Derry Amount claimed is $13,900.69. Township is outside five mile limit.

Salaries, supplies, etc.

01-100334 Derry Township School District Amount claimed is $1,655.62.

Not within five mile radius.

Supplies, salaries, etc.

01-100335 11ershey Ambulance Corps.

Amount claimed is $889.03. Not within five mile radius. Salaries, etc.

01-100336 llershey Volunteer Fire Company Amount claimed is $31.00.

Not within five mile radius -- Gasoline.

EXHIBIT 2 ASSIGNMENT CONTROL amusrease.4ve BL'SINESS INTERRUPTION CLAIMS y

333 is-o-f-Gid 3 A. 4 a r.5 ATAsn Ct. A:Y A N T lltip'Ngt%

CATE Rec 2 accisTent se AI AL o

~

i Traunt_Claired - $3,E35 C0 4-4-79 Simon Candy Co.

l 100004 loss or production; cost of testin:

I urount Clained - 7 fLancellationsofreservations 4-6-79 Continental Inns of America 100011 l

Amount Claimed - !

4-6-79 Hershey Foods Corp.

l 100013 jvarious Icsses, unspecified Richard Accunt Claimed - 52,03o.c0 4-6-79 Susquehanna Speedway Liddick 100007 l Loss of revenue, cancelled race lArount Claimed - 54,0GO-o,000 4-9-79 Redland Dental Assoc.

100019 l Loss of dental fees l Herco, Inc.

IAnount Claimed - ?

4-10-79 j

100021 lVarious losses, unspecified l

lAtount Claimed - 5 d23.43 4-12-79 IFuncrafts, Inc.

100049 iLoss of sales, retail store Various losses resulting from 4-12-79 Frey Village Retirement Center 10C054 evacuating elderly patients l Amount Claimed - 5 166.57 4-16-79 Institute of Bus. & Industry 100061

! Cost cf change of meeting site lBrennerFurniture&SleepCtrs.l j

A=ount Claimed - !

4-11-79 i

l 100040 Loss of sales, cetail store l

l lA=ount Clairea - 10,000.00 4-11-79 ILacy Enterprises. Inc.

I 100041 l Loss of sales, restaurant Arount Clalced - ?

4-16-79 Belscot Retailers, Inc.

100081 Less cf sales, retail store Atount Claimed - S 100.00 4-16-79 Jchn I. Burkett, III 100082 Icss of revenue, beauty salen tcount Llaimed - 0 24/.*v l Evacuation expenses, horse 4-17-79 Percy Glenn 100006 1

f a rm Amount Clained - (

4-17-79 The Wilton Co.

100089 Loss of production, giftware mfr.

l Anount Claiced - pl,/al.J) 4-18-79 Church of the Nazarene Day Care 100097 Less of tuition l Historic 1725 Witmer's Tavern Arount Clalted - 4 4-19-79 i

100105 Loss of sales, restaurant Arount Claicec -

13J.3-4-23-79 Gettvsburg Travelodge 100123 Cancellation of reservations Arount Claimed - ?

4-23-79 Host Farm, Lancaster 100128 Various losses, unspecified Arount Claimed - ?

~~

4-73-79 Host Town Motel, Lancaster 100129 Various losses, unspecified Arount Claimed - ?

4 23-79 Host Inn, Harrisburg 100130 Various losses, uncrecified Amount Claimed - ?

4-23-79 Natienwice Inn, Harrisburg 100131 Various losses, urspecified i Amount Claimed - ?

4-23-79 Host Corral, Lancaster 1 01 132 lVarious losses, unspecified Arount Clairea - 0 23*.c0 4-24-79 6*ohlsen Cons truc tion Co.

lot 133 Shutdown ~ o f j obs. building contrac t

/

cunt Claimed - $,031.23 2[ditionalexpenseftesting, dairy

• -25,i9 LeH1 Dairy

.00146 Arcunt Clained - ?

4-25-79 Middletown Bottle Club j

1C0149 Cancellation of events l*Accunt Claimed - $100,000.00 l

is N"e3muSA M0

ASSIGNMENT CONTROL A OfJ $ T ( H $ as A 40 t BUSINESS ISlERRUPTION CL\\IMS l

CtAIM NUMBER w$5T)NRec'd CtAIM ANT M M M.4 r

g g g,37 g g,

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\\ cunt Clai ed - ?

4-25-79 Goldsboro Flarina 100151

fo=ss of ousiness, unspecified IArount Claimed - S 875.00 4-20-79 Springfield Stables 100l74 tEvacuation expenses, horse far

Arount Claimed - ?

5-1-79 Conbow Corporation 1C0190 Financial loss, unspecified l

Arount Claimed -22,943.00 100172 Loss of revenue, retail store 4-30-79 Lad's & Dad's Outfitters, Inc.

i Arount Claimed - 1,004.67 5-1-74 R & R Automotive 100191 Varicut losses, auto sales & ser/i 100173 Loss o r_ Claimed he,at re a6 475.11 Arount Art Gallery revenue,t restaura 4-JU-79 Newberry Farms 5 Restaurant l

Arount Claimed - 5,765.75 l Additional expenses, nursing home 5-4 79 Villa Teresa l

1CO207 l

I 1Arount Claimed -15,000 -20,000 l

I 100194 lB us. shutdcun, bologna & fresh mea 5-3-79 L. D. Weaver & Son l

l Arount Claimed -21,352.00 5- ;-79 l Fox's Foods, Inc.

100200 jVarious losses, supermarket Arount Claimed -18,150.00 l Loss of revenue, s.urrer camp 5-3-79 Camp Comet 100:01 Health Arount Claimed -?

100214 Various losses, unspecified 5-7-/9 Middletown Chiropractic Ctr.

Arount Clained -

203.00 l Cancellation of trip 5-8-79 Ebenezer A.M.E. Church 100213 i

Arount Claimed -o0,95o.00 5-16-79 Atlas International Tours 100265 Cance]

",n of our to Hershey l

l AIET o m.UU 5-16-79 IPreston Kline & Sons, Inc.

100266 l Loss etail flooring l

Arount

=I 5-17-79 I Loni; acre Far 100267 Loss o' e, surrer camp Arount. aimed -

c44.1/

lKaadan, Limited i

100277 Addl.exp.-change of site, dealer s'r 5-21-79 Arount Llaleca -4e,41).

5-21-79 Pi::agalli Construction Co.

100276 Construction delay 5-21-79

'ie r t Bookb ind in:;, Inc.

100274 lbf c{1gged -?

8. 023.10 Arount,Clabed he?aton Inns 5-21-79 Archris Hotel Carp.

100273 Lost sales iwo S tegunt Claimed - 2,929.00

~

5

,,3

,e9

,Dietrich's Milk Products 100279 th l et testing for Hershey Arount Claimed -

150.00 5-24-79 Ed Blodgett 100235 Cancellation of magic show Arount Clained - 1,500.00 lLocsofb~ino 5-25-79 Heckard's Catering 100290 i

s, unspecified l

Arount Claimed -?

6-1-79 I Accudata Adeptic Service 100300 lFinancialLoss, unspecified Arount Claimed

-'?

~

l Loss of ' revenue, flower shop 6-1-79 C. Curtis Hughes Flower Shop 100301 l

__4 -E '

" ^le b

MU 10030'.

Emcu:r:Sn 4_c_n s e, 1 iy e s t n c_l;_

~

l lAmountClaimed-?

4-2-79 I tiillia-Kane. Jr.

100303

Evacuation expense, dog 'sennels lArount Claimed -?

,*-27-79 Rrkides (Taco House) 10020'.

l Loss of revenue, restaurant

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=

P' F f 4 d.9 d #3 A

ASSIGNMENT CONTROL e

ADJuSTE R $ N AVk UUSINESS INTERRUPTION CL.\\IMS Arz:0.4 l

CtAIMANT

C(SR33tCX DATE Rec,d4

.n E GIS T E RI S E AIAL

{f, g

o,q;q g g 4,

l Whitney G.

l A=ount Claimed -?

4-2-79 i

Simmons i

100305 Loss of revenue, restaurant Pappy's Restaurant. Larry Simon l-Arount Claimed -?

6-1-79 100306 Loss of revenue, restaurant lCapitalBakers, unsnecified Inc.

1C0311 Eusiness Losses,$28 000.00 6-4-79 A=ount Claited -

3 Arount Claimed -?

6-4-79 Die-Tech, Inc.

100313 Loss of Production, unspecified I

lcount_ Claimed -? Business, unspecified.

\\

6-7-79 l J.E. Caldwell Company 100316 oss at 48c8U Cycge,Q -$ 1,575.00 i

Joseph C. Croff 100318 st

~

YdlEnt plaf7gg, $fgccr.62 86i 6-11-79 lPennDairies/DavidM. Wise 100325 e

e ct=e l t.vacuation Expensel/:,?0.00 IA=ount Claimd - 13 I

l Odd Fellows Home/ George Deibett 100326 6-11-79 urstag Home Arount Cl;11:ed - 3 455.87 6-11,i9 I. J. Heller, DDS 100327 Loss at nevenue, De,ntist Arount Claimed - 36,148.00 6/12/79 Quality Inn 100329 Loss of Revenue, Motel / Restaurant I

i A=ount Clained - 22,263.30 6/12/79 l Best Western Inn l 100330 Loss of Revenue, Motel / Restaurant Arount Claimed -?

6/15/79 Robert C. Bloomingdale 001676 Loss o f Revenue, Ir.terior Decoratc A=ount Claimed -?

6/15/79 James E. Diehl, Jr.

100340 Loss of Revenue, Dress Factory l

l l

I

-,-w i

i 5

340 098

EXHIBIT 3

Litigation C1. ass Actions 1.

Herbert M. Packer, Jr., John W. Griffith, Jean B. Griffith and Leroy I. Sykes v. General Public Utilities Corp., Metropolitan-Edison Company of Reading, Pennsylvenia Electric Company, and Central New Jersey Power and Light Connany in the Court of Co=non Pleas of Dauphin County, Pennsf vania, Civil Action - Law l

No. 1431S,1979, In Eqttity - 3833. Transferred to Middle District Federal Court, Civil Action No.79-522.

Thia is a class action proceeding seeking $500 =illion dollars in datages and in addition declaring the facility a nGisance and seeking an order to abate and further imposing a.onstructive trust upon the real and personal property of the d Gendants in an acount sufficient. a pay for the cost of the class ce=bers' cedical diagnostic and tre attent services for the next 20 fears.

2.

Gerald S. Fantasky, Vincinta L. Fantasky, James A. Good, Bonita R.

Good, and James E. Cor: ley v. Metropolitan Edison Company, Jersey Central Power and Light Company, Pennsylvania Electric Company, and General Public Utilities Corporation in the United States District Court Middle District of Pennsylvania, Civil Action No.79-432.

This is a class action seeking damages on behalf of a class, attorneys' fees and punitive datages.

3.

Dynamic Products Corporation, Medagrafics Corporation, John Glise, Inc., The Red Baron of America, Inc., James D. Derr, Inc.,

on behalf of themselves and all others similarly situated v.

Metropolitan Edison Co:pany, Babcock & Wilcox Company, J. Ray McDer=ott & Company, Inc., General Public Utilities Corporation, Catalytic, Inc., in the United Stated District Court for the Middle District of Pennsylvania, Civil Action No.79-439, Class Action.

This action seeks damages for economic harm, lost profits and operating losses, diminution in real estate values and damages to at least $560 million dollars, plus costs including expert witnesses and attorneys' fees.

4.

Robert T. Dunn,Annette Dunn, his wife, Katherine Shirilla, Michael Lyons, Judith Lyons, his wife, Terrill Schukraft, Constance Krebs, Kenneth E. Stoner, Jr., and Linda Stener, his wife, Plaintiffs Class-Representatives v. Metropolitan Edison Corpany, Babcock & Wil-cox Corpany, Inc., General Public Utilities Corporation, and Catalytic, Inc., in the United States District Court for the Middle District of Pennsylvania, Civil Action No.79-446 Class Action.

340 099

This action seeks da= ages for econctic loss, loss of incore, travel and living expense as well as experts and witness fees and in addition damages for diminution in the value of real property in the aggregate of $560 million dollars.

5.

Giant Food Stores, Inc., White Shield, Inc., Koret Company, Inc.,

First Edition Book Stores, Inc., Wolowitz, Inc., and Free Car Wash, Inc., on behalf of the=selves and a class others similarly situ-ated v. General Public Utilities Corporation, Metropolitan Edison Company, Jersey Central Power & Light Coepany, Babcock & Wilcox Company, Catalytic, Inc., and J. Ray McDermott & Company in the United States District Court for the Middle District of Pennsylvania, Civil Action No.79-456, Class Action.

These plaintiffs on behalf of the class are seeking da ages es-ti=ated to exceed $560 million dollars for loss of sales and profits, including spoilage and contamination of food products as a result of evacuation of people pursuant to the recom=endation of the Governor of Pennsylvania and on an individual voluntary self-protection basis.

Named plaintiffs esti=ated their losses to exceed $300,000. for Giant Food Stores, $15,000. for White Shield, $10,000 for Kecet,

$10,000. for First Edition, $24,000 for Wolowitz and $10,000.

for Free Car Wash.

6.

Earl J. Markle and Dorothy Markle, Individually and as Eusiard and Wife, Bill Gorman and Beverly Gorman, Individually and as Husband and Wife and as parents and natural guardicns of their minor children, Donna and Michael Gorman, Russell C. Earhart and Grayce Earhart, Individually and as Husband and Wife, v. Metropoli-tan Edison Co=pany of Reading, Pennsylvania Electric Company, Jersey Central Power & Light Compcny, General Public Utilities Corporation, and Babcock & Wilcox Company in the United States District Court for the Middio District of Pennsylvania, Civil Action No.79-520 Class Action.

Plaintiffs Earl and Dorothy Markle and Russell C. Earhart bring this action on behalf of all business persons within a five-mile radius of the facility at Three-IIlle Island to recover for the loss of incoce, value of their stock, loss of their property value and other related economic losses. Plaintiff Beverly Gorran brings this action individually and on behalf of all vage earners working within a five-tile radius of Th:ne-Mile Island to recover for their loss of incoce. Plaintiffs seek compensatory and punitive datages plus cost of suit and attorneys' fees.

)kO

7.

Herbert M. Packer, Jr., John W. Griffith, Jean B. Griffith, Leroy I. Sykes, Monte H. E. Parfitt, Rose Marie Parfitt, Walter J. Lachewicz, Jr., American Vanguard Systems, Inc.,

t/a Millhouse Restaurant, Samuel W. Fleck & Louise E. Fleck

v. General Public Utilities Corporation, Metropolitan Edison Coupany of Reading, Pennsylvania Electric Cc=pany, Central New Jersey Power & Light Co=pany, Babcock & Wilcox Company, J. Ray McDermott & Company and Catalytic, Inc. in the United States District Court for the Middle District of Pennsylvania, Civil Action No.73-542, Class Action.

This is an action by the four individuals named in Packer Suit (1) above, five residential property owners, and one restaurant, all located within a twenty-cile radius, seeking to declare the defendants operating a nuisance and seeking da= ages by reason of ultra hazardous nature of the activity for injury to persens and property, economic damage censisting of loss of custccers, incete and cash ficw as well as loss of goodwill and loss or diminution la value of chattels and real property. The relief sought is compensatory, punitive datages, cost of suit and attorneys' fees; and further seeking to impose a constructive trust upon the real and personal property of the defendants in amounts sufficient to pay for the cost of plain-tiffs and cicss members' receiving diagnostic and treatment services for the next twenty years.

8.

Terry F. S=1th v. Babcock & Wilcox Limited. in the United States District Court for the Southern District of New York, Civil Action No. 79-2235, Class Action.

This suit has now been transferred to the U.S. District Court for the Middle District of Pennsylvania. This is an action brought by the Plaintiff en behalf of all persens residing in the State of Pennsylvania who sustained injury or damages, seeking damages for cental or psychic anguish, damage for exposure to nuclear radiation, dislocation expense and in-creased utility rates to the cembers of the class. Plaintiff seeks $20 nillion dollars for each cenber of the class in com-pensatery damages and $1 billion dollars for each member of the class in punitive damages.

9.

C. Robert Larsen, Marie K. Larsen,his wife, Peter Davis, Carol A. Davis, his wife, William Shields, Susan Shields,his wife, Barry Buck, Toni Buck, his wife v. Metropolitan Edison Co=pany, Jersey Central Pcuer & Light Co=pany, Babcock & Wilcox Cetpany, Inc., General Public Utilities Corporation and Catalytic Inc.,

in the United States District Court for the Middle District of Pennsylvania, Civil Action No.79-594, Class Action.

J40 10i

This is a Class Action seeking damages on behalf of the class (all residents within a twenty mile radius).

Dacages sought for economic harm (loss of incoce, travel and living expenses), diminution in value of real and other property, and bodily harm requiring treatment and conitoring.

Seeking compensatory and punitive damages, cost of suit, expert witness fees and attorneys' fees equal to $560 million dollars.

Non-Class Actions 1.

Albert Sat =cns v. Metropolitan Edison Company, in the United States District Court for the Middle District of Pennsylvania Civil Action No.79-621.

Plaintiff seeking $1,850.00 for loss of business income and evacuation damages as a result of loss allegedly sustained at a service station in York Haven, three miles from Three-Mile Island.

2.

Frank Park and Beverly Park, Husband and Wife, v. Metropolitan Edison Company, Babcock & Wilcox Cocpany, J. Ray McDermott and Cocpany, Inc., General Public Utilities, Jersey Central Power & Light Cocpany cad Catalytic, Inc., in the U.S. District Court for the Middle District of Pennsylvania, Civil Action No.79-710.

Plaintiffs, residents of Goldsboro, Pennsylvania, seek datages for diminution in value of their real and personal property, loss of incoce, travel and living expenses, plus datages for physical and emotional injuries, plus damages for expense for the need for medical examinations for twenty years, as well as punitive datages.

Prayer for da= ages in excess of $10,000, in compensatory and in excess of $10,000. for punitive damages.

3.

David Palmer and Emily Palmer, Husband and Wife and Allison Palmer, a minor by her parents and guardians, David and Emily Palmer v. Metropolitan Edisen Cenpany, Babcock & Wilcox Company, J. Ray McDermott & Company, Inc. Genere.1 Public Utilities, Jersey Central Power & Light Company and Catalytic, Inc., in the United States District Court for the Middle District of Pennsylvania, Civil Action No. 79-76 3.

340 102

Plaintiffs seek recovery of damages for diminution in value of personal and real property, including loss of incere, travel and evacuation expense, damages for physical and ecotional injury due to exposure to radioactive caterials, damages to cover the need for medical examinations en a periodic basis for the next twenty years, and punitive datages.

Prayer is for judg=ent jointly and severally against the defendants for cocpensatory damages in an acount in excess of $10,000. and punitive da= ages in an arount in excess of $10,000.

4.

Greene's Camp Hill v. Metropolitan Edison Cc=pany, Babcock &

Wilcox Company, J. Ray McDermott & Company, Inc. General Public Utilities, Jersey Central Power & Light Cc=pany, and Catalytic, Inc., in the United States District Court for the Middle District of Pennsylvania, Civil Action "o.79-774.

Plaintiff, engaged in the business of selling bridal and fornal attire located in Ca:p Hill, Pennsylvania, seeks datages for alleged irreparable economic loss, diminution in the value of the business, damages for inability to sell contatinated cerchandise, and punitive damages.

Compensatory damages sought in excess of $10,000. Punitive datages sought in excess of $10,000.

5.

The Peek-A-Boo Bath Boutique v. Metropolitan Edison Company, Babcock & Wilcox Company, J. Ray McDermott & Company, Inc.,

General Public Utilities, Jersey Central Power & Light Company, and Catalytic, Inc., in the United States District Court, Middle District of Pennsylvania, Civil Action No.79-775.

Plaintiff, selling bathreem accessories located in Windsor Park Shopping Center, Mechanicsburg, Pennsylvania, seeks damages for irreparable economic loss, diminution in the value of the business, damages for inability to sell contacinated merchandise, and punitive damages.

Judgment is sought jointly and several'y for compensatory damages in excess of $10,000., as well as punitive datages in excess of $10,000.

3.40 103

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Plaintiffs, Indiridually and en behalf of all others similarly situated,.

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v Plaintiffs, by their attorneys, bring these civil acticns, en their em' behalf and en behalf of the classes they represent, to cbtain da. ages, equitable relief, and the ecsts of suit frca the defendants named herein, and ccmplain and allege as fclle.es:

I.

CAUSES CF ACTI_C'i l.

These are actions for damages and equitable relief arising under principles of federal cc=cn law; under

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the Act of August 30, 7354, 63 Stat. 921, 42 U.S.C.

55 2011 et sec. as anended, c.cc.ularly kncwn as the Atcmic Ener3.v Act, including the Act of September 2, 1357, P.L. No.85-256, 71 Stat. 576, 42 U.S.C.

5 2210 as arended, pcpularly kncwn as the Price-Andersen Act; and under the law of the Cctrenwealth of Pennsylvania; in order to cbtain redress for Plaintiffs and renters of the Plaintiff classes frcm Oefen-dants for injuries and damages arising cut of a nuclear incident and extratedinary nuclear occurrence, to wit: that which eccurred at the Three Mile Island nuclear electric generating facility, in Oauphin Ccunty, Pennsylvania, en, about and after March 29, 1979.

II.

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This cceplaint is filed and these proceedings are instituted under the Price-Andersen Act, 42 U.S.C.

5 2210, under 23 U.S.C.

53 1331 and 1337, and under principles of pendent jurisdictica.

t 3.

This Ocurt has jurisdiction of the subject matter, and venue is preper, under 23 U.S.C.

SS 1331 and 1337 and 42 U.S.C.

5 2210. The plaintiffs and all members of the classes are residents of, do business in, or cwn pro-perty in, the Middle District of Pennsylvania. All cf the defendants do busines; in the Middle District of Pennsyl-vania. )k

.v PARTIES 4.

Plaintiffs:

(a) Plaintiffs Gerald S. Fantacky and Vin-conta L.

Fantasky, husband and wife, James A. Gced and Benita R.

Goed, husband and wife, and James E. Gormley are individuals who resided and/or cwned business cr prcperty within a five mile radius of Three Mile Island nuclear electric generating facility en March 23, 1979.

Said plain-tiffs were evacuees frca the vicinity of the nuclear inci-dent.

(b)

(i) Dynamic Products Ccrpcration is a Pennsylvania ccrpcratien with its registered office at 302 Scuth 4th Street, Emmaus, Pennsylvania 18049.

It cperates a plant in Mifdletcwn, Pennsylvania, within five miles of the nuclear facility at Three Mile Island.

(ii) Medagraphics Corpcration is an Illinois ccrporation with its registered office at 5300

ewport trive, Rolling Hills, Illinois. It cperates a planc apprcximately five miles frca the said nuclear facili:7 (iii) Jchn Glise, Inc., is a Pennsylvania Real Estate Ccrpcratien with its principal office at 3900 Market Street, Car.p Hill, Pennsylvania. That office is ap-.

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the cenpany's two other of fices are 3-1/2 miles and eight m 4., e,

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(iv) The Red Baron of.inerica, Inc., is a Pennsylvania corporatien engaged in the basiness of acte repair with its garage at 1057 Columbus Street, Le:cyne.

Pennsylvania. This c. ara e is ac reximatelv. ten niles frca 3

.c the said nuclear facility.

(v) Canes D.

Cerr, Inc., is a Pennsyl-vania Ocre.cration with its rincipal clace of busiress at 23 r

North Unica Street, Middletcwn, Pennsylvania, which is within five miles of the said nuclear f acility.

(c)

(i) Rchert T.

Ounn, and Annette Dunn, his wife, are adult individuals and reside at 10, Birch C

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of real.crecertI located within twent"i five miles of Three Mile Island.

(ii) Katherine Shirilla is an adult n-dividual residing at 350 Irferd Road, Carp Hill, Pent syl-

'/ ania. Said plaintif f was an evacuee frem the vicinity of

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e twenty miles of Three Mile Island.

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(iii) Michael Lycns, and Judith Lyons, his wife, are adult individuals and reside at 105 relicw Broeches Drive, Camp Hill, Pennsylvania. Said plaintiffs nuclear incident and were evacuees frca the vicinity of th2 are owners of real prcperty located within ton miles of Three Mile Island.

(iv) Terrill Schukraft is an aduit indi-vidual and resides at R.D. 4 2, Elizabethtcwn, Pennsylvania.

Said plaintiff was an evacuee frem the vicinity of the nu-clear incident cnd is an owner of real prcperty located within ten miles of Three Mile Island.

(v) Constance Krebs is an adult indivi-dual and resides at R.D. 41, York Haven, Pennsylvania. Said plaintiff was an evacuee frca the vicinity of the nuclear and is an cwner of real prcperty located within incident five miles of Three Mile Island.

(vi) Kenneth E. Stener, Jr., and Linda Stener, his wife, are adult individuals residing at R.D.

42, frca Etters, Pennsylvania. Said plaintiffs were evacuees the vicinity of the nuclear incident and are cwners of real prcperty located within five miles of Three Mile Island.

(d)

(1) Giant Fced Stores, Inc.

(" Giant"),

is in the retail feed business. Its principal offices were

_5_

1ccated at acute 11 and Shady Lane, Carlisle, Fennsylvania 17013. Giant cperates retail fced stores within twenty

.iles of Three Mlle Island.

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(.< 1 is in the business of cperating retail drug and sundry stores thrcughout Central Pennsylvania, within twenty miles of Three Mile Island. Ubite Shield's principal officas are 1ccated at 2310A Gettysburg Ecad, Camp Hill, Pennsylvania 1 4 0,.,.

(iii)

Kc=et Co., Inc. (" Kc=e t") is in t'he business of selling maternity clothes at retail. Kccet is located at 305 Market Street, Harrisburg, Pennsylvania, within twenty miles of Three Mile Island.

(iv) First Editica Ecck Steros, Inc.

("First Edition") is in the business of selling bccks at retail. First Edition is located in the Harrisburg East "all, Harrisburg, Pennsylvania, within twenty miles of Three Mile Island.

(v) Wolcwitz, Inc., d/b/s "Ycung !nage Shcp" ("Wo lcw ite " ), is in the business of selling children's cicthing at retail. Wolcwitc has its principal offices at 13 Mcrth Center Street, Pcttsville, Pennsylvania, and cperates a retail stcre in the Capitcl City Mall, Camp Hill, Pennsyl-vania, within twenty miles of Three Mile Island.

(vi) Free Car Wash, Inc., d/b/a/ " Gas is in the business of oper1 ting retail and Wash"

(" Free")

car washing facilities. Its principal offices are c/o Paul and Cramer, Tcwn IIouse Apartments, Iarrisburg, Pennsylvania, cperates two car washing facilities within twenty miles it of Three Mile Island.

(vii) Cumberland Skadium, Inc., d/b/a "Cumberland Ckadium" (" Cumbe r land" ) is in the business of operating ice skating rink facilities. It principal offices 360 Mesley Orive, Mechanicsburg, Pennsylvania 17055, are at and it cperates an ice skating rink facility within twenty niles of Three Mile island.

(viii) Harry Crs=e r, Inc., d/b,'a "IIarry Cra2r Olds = chile" (" Cr arer " ) is in the business of selling and leasing new and used autcrebiles. Its principal office 1998 West Harrisburg Pike, Middletown, Pennsylvania, is at is located within twenty miles of Three Mile Island.

and it (ix) Aero Ccrporaticn, d/b/a " Budget Rent a Car" (" Aero") is in the buciness of leasing and renting autcccbiles. Its principal office is at 1998 West Harrisburg Pike, Middletcwn, Penensylvania, and it is lo-cated within twenty miles of Three Mile Island.

(c) Michelle Srajda and Terry Smith are citicens of the State c'. :Tebraska who, at the time cf the 340 i i0

nuclear incident described herein, 12ved and worked within twenty miles of the *hree Mile *sland nuclear facility.

(f)

(i) Plaintilfs, Earl J. Markle and Corothy Markle are huscand and wife and eseners cf their hcme lccated at P.O. Sex 112, East Petersburg, Pennsylvania. The Markles own and cperate a business kncwn as Markle's Green-house: located at R.0. fl, Epler Road, Middistown, Pennsyl-vania. The Markles are also owners of investment prcperty 1ccated within five miles of Three Mile Island.

(ii) Plaintiffs, William and Beverly,

German, are husband and wife and owners of their here le-41, Whitman Lane, Mid letcwn, Pennsylvania.

cated at R.D.

Plaintif f s, William and Beverly German, are parents and Conna, age l',

natural guardians of their miner children, and Michael age 7.

At all times pertinent hereto, Beverly arer by. Colcnial Tax Gorran was emolov.ed as a tax return oree t

Services 1ccated in Ilizabethtcwn, Pennsylvania, within twenty miles of Three Mile Island.

(iii) Plaintiffs, Russell C. Earhart and are cwners of their hcme located at R.D.

his wife, Grayce, 42, Highland Ecad.

Russell C. Earhart is the President and sole shareholder of R.C.

Earhart, Inc., a real estate anu insurance business located at 4294 East Harrisburg Pike, within twenty miles of Three Mile Island. 340 111

(g)

(i) Plaintiff, Herbert. ?acker, Jr.,

is an individual and a citi:en of the Ccamanucalth of Pennsylvania, residing at 58 Circle Crive, Carp Hill, Cumberland Ccunty, Pennsylvania, within twenty miles of Three itile Isla.:d.

(ii)

Plai.uiffs, Jchn W.

Griffith and Jean 3. Griffith, are individuals and citizens cf the Ocm-menwealth of Pennsylvania, residing and cwning the prcperty situated at 4 Wagner Circle, Hum =elstcwn, Cauphin County, Pennsylvania, and are engaged in business as partners of a business which operates two "7-Eleven" grccery stores at 12 Mid'.letown, Cauphin Ccunty, Pennsylvania East " sin Street, and 383 West Main Street, Hun =elstown, Cauphin County, Pennsylvania, all within twenty miles cf Three "ile Island.

(iii)

Plaintiff, Leacy I.

Sykes, is an indi-ridual and a citi:en cf the Ccmmenwealth of Pennsyl-vania, residing at 500 ::crth Leckw2110w Avenue, 7auphin Ccunty, Pennsylvania. LeRc3 !. Sykes is a Occt'r of Ostec-pathy, practicing medicine at 725 Maple Road, h..acletewn, Cauphi.' Ccunty, Pennsylvania, within twenty miles of Three "ile Island.

(iv)

Plaintiffs, Menta H. E. Parfitt and individuals and citicens of the Rcse "arie Parfitt ara Ccm cnwealth of ?ennsylvania residing at and owning preserty _ N

situated at 11 Fay Road, Middictown, Pennsylvania, within twenty miles of "hree Mile Island.

(v) Plaintifi, Walter J.

Lachewitz, Jr.

s ar. individual and citizen of the Commenwealth of Pennsyl-vania residing at and owning the property situated at 17 Mill Street Middletown, Pennsylvania, within twenty miles of Three "ile Island.

(vi) Plaintiff, Anerican vanguard Sys-tems, Inc., t/a Mi11heuse Restaurant, is a business situated at 17 Mill Street, Midd.atcwn, Pennsylvania, within twenty miles of Three Mile Island.

(vii) Plaintiffs, Samuel N. Ficek and Louise E. Fleck are individuals and citizens of the Cemnen-wealth cf Pennsylvania residing at and cwing the prcperty situated at 3579 Chamhers Hill Rcad, Harrisburg, Pennsyl-vania.

(viii) Plaintiff, David A.

Barbarette, is an individual and a citi:en of the Ce renwealth cf Pennsyl-vania residing at 3.D. fl, Reute 441, Middletcwn, Pennsyl-vania, within twenty miles of '.hree Mile Island.

(ix) ?laintiffs, Lecnard J.

Scurinski and Jcyce E. 2curinski are individuals and citizens of the a

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f R.D. 42, Sex 2772, i

f Ccm cnwealth of Pennsylvania residing at I

f 17319, within three miles f cm Three Etters, Pennsylvania Mile Island.

(x) Plaintif f, Jean E. Bret, is an t

individual and a citizen of the C:=menwealth cf Pennsylvania i

i I

Middletcun, Pennsylvania 17057, residing at 266 Pine St set, P

within twenty miles frca Three Mile Island.

i in-(xi) Plaintiff, Gary F. Ditto, is an dividual and a citizen of the Ccamenwealth of Pennsylvania residing at 275 Scuth Houck's Rcad, Harrisburg, Pennsylvania 19109, within twenty miles frem Three Mile Island.

Plaintiffs Milliam E. Dunham and (xii)

Patricia Dunham are individuals and citizens of the Ccnmen-wealth of Pennsylvania residing at R.D. 41, Scx 640 KV, Etters, Pennsylvania 17313, within three miles frca Three Mile Island.

is a (xiii)

Plaintiff, EsPenshade Meats, business situated at R.D. 42, Elizabethtcwn, Pennsylvania 17022, within twenty miles of Three Mile Island.

{xiv) Plaintiff, Gilbert Freidran, is an individual and a citizen of the Cct=cnwealth of Pennsylvania 405 Sample 3 ridge Road, "echanicsburg, Pennsyl-residing at vania, 1705 5, within twenty miles frem Three Miles Island. 340 114

Plaintif f, '.'.cuntainview Tho rough-(xv) is a ccrporation incorperated under bred Racing Assn., Inc.,

O.

Box 32, the 1.;ws cf Pennsylvania with its address at ?.

Pennsylvania 17023, within twenty miles of Three Grantville, Sile Island.

Ltd., is a (xvi)

Plaintiff, Penn Photo,

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Pennsylvania within twenty miles of Three Mile Island.

Plainti f f, Pennsylvania "aticnal (xvii) is a co. e.a.4 n.:,..

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laws of rennsylvania with its principal place of buriness Hershey, Pennsylvania situated at 25 3riarcrest Square, 17033, within twenty milas of Three Mile Island.

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• i.' ", ". "..e S eo. '. ",. i *..c.,.i s cratien with its c. rincic. al c. lace of business within a core twenty miles of Three Mile Island.

(h)

(i)

C. Robert L rsen and Marie K.

individuals and reside at 144 Larsen, his wife, are adult South Early Street, Hu==elstown, Fennsylvania. Said plain-from tiffs are owners of real prcperty 1ccated seven miles vicinity Three Mile Island and were forced to renain in that during the entire peri d of the below-described nuclear incident. 2 ff 9

(ii) Petar Oavis, and Carol A. Davis, 46, individuals and reside at R.D.

his wife, are adult approximately six miles frem Pennsylvania, Hummelstewn, Said plaintiffs were evacuees from the Three Mile Island.

Davis Plaintiff Carol A.

vicinity of the nuclear incident.

the time of the incident.

was pregnant at and Susan Shields, (iii) William Shields,

1. 2, individuals and reside at R.D.

his wife, are adult Said plaintiffs and their two Pennsylvania.

Elicabetht wn, f rca the vicinity of the nu-young children were evacuees located six clear incident and are cuners of real prcperty miles frca Three Mile Island.

3arry Buck and Tcni Buck, his wife, (iv) 6 Shirley Orive, Middle-individuals and reside at are adult Said plaintiffs and their two ycung town, Pennsylvania.

l ar children were evacuees frca the vicinity of the nuc e iles incident and are cwners cf real property iccated three n frca Thr+e M.le Island.

5.

tefendants are:

General Publ'.c Utilities Corporaticn (a)

GPU is the a public utility holding ccapany.

("GPU"),

( " Me t Ed"),

parent ecmpany of Metrcpolitan Idisen Co.

GPU's principal offices are another defendant herein. h

icested at 290 Cherry Hill Ecad, Parsippany, Me.4 Jersey 0,n 4.

w2 (b) Met cpolitan Edisen Ccapany (" Met Ed"),

a cerporatien engaged in tha pr-duction and sale Of elec-

tet Ed is a subsidiary of GPU, is a 30% cwner of tricity.

the Three Mile Island nuclear pcwered electric generating facility and is the operater of that facility. Met Ed's Office Sex 542, Read-principal offices are 1ccated at ? cst ing Pennsylvania 19703.

(c) Jersey Central power & Light Cenpany

(" Jersey Central"), a corporatica engaged in the business of prcducing and selling electricity. Jersey Central is a sub-sidiary o' GPU and is a 251 cwner of the Three Mile Island Jersey Cen-nuclear pcwered electric generating facility.

tral's principal of fices are located at :tadisen and Punch-bewn, Merristown, tiew Jersey.

(d) lunasylvania Electric Cenpany ("?en.

sv.ivania Electric"), a corc.eratica engaged in the busines.

cf prcducing and selling electricity. Pennsylvania Electric is a subsidiary of GPU and is a 251 cwner of the Three Mile Its Island nuclear pcwored 31ectric generating facility.

1001 Bread Street, Jchns-principal offices are 10cated at tcwn, Pennsylvania 15907..

340 i l7

(" Babcock"),

Babccck and Wilcox Ccrpany (e)

Sabecek is in the

& Co.

a subsidiary of J. Ray "cDer ct:

of designing and ccastructing nuclear inter alia_,

business, did so with pcwcred electric generating f acilities and2abecek is a New Island facility.

respect to the Three Mile 161 East Jersey Corporation with its principal office at New York, NY 10017.

42nd Street,

& Cc=pany (":!cterrott"),

(f)

J. Ray McDer ctt f Babecek and is a the parent and centrolling ccmpany o McDermott's principal offices are celaware corpcratica.

New Crieans, Louisiana 70112.

1010 Oc=cen Street, located at the (g) Catalytic, Inc. (" Catalytic"),

s for maintenance of the Three !1ile ccrporatica responsible Catalytic's principal offices are at 1500 Island facility.

Philadelphia, Pennsylvania.

Market Street, v,l.

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C.s,S-a Plaintiffs bring these acticns en behalf of 6.

l Rules of Civil themselves and, under Rule 23 of the Federa defined herein.

Procedure, as reprecentatives of the classes (a) One class (" Class I") censists of all corporaticas, individua3s, proprieterships, partnerships, ities instituticas and other business and pr0fessional ent flf

Island, which have within a 25 mile radius of Three tiile l

incident suffered ecenetic harm as a result of the nuc ear

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and any subsidiaries and affiliates defendants themselves, Plaintiffs are presentl7 unable to state of the defendants.

he thousands.

the precise size of the class, which numbers in t joinder of all its The class is sufficiently numercus that

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(b) Cne class (" Class II") censists of all d residents these pcssessors of real prcperty interests an within a 25 mile radius of Three Stile Island who have suffered ecenenic harm as a result of the nuclear incident but excluding the which is the subject of this cceplaint, defendants themselves and their subsidiaries and affiliates, a.d...-. e..

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. o This defendants and their subsidiaries and affiliates.

class can be divided into three sub-classes:

(i) hcceewners; (ii) residents forced to evacuate; other persens possessin:g intsrests (iii) in real property.

to state the precise size of Plaintiffs are presently unable thcusands. The class is the class, which nunters in the

' cinder of all its ec=bers is sufficiently numercus t.

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(c) Cne class (" Class III") ccasists of ali

'<ile these individuals within a 25 mile radius of Three incurred medical ex-Inland who suffered personal injury, penses, are threatenec with medical expenses and/or illness, and/cr will require medical-suffered emotional distress, detecticn services, including independent inspections and future to for a reasonable number of years in the

surveys, menitor the pcssibility of latent defects of said exposure, as a result of the nuclear incident which is the subject of this cc plaint, but excluding officers, director; and man-a.d of any sub-aging agents of the defendants themselves, Plaintiffs are sidiaries and affiliates of the defendants.

presently unable to state the precise sice of tae class, The class is sufficiently which numbers in the thousands.

joinder of all its members is impracticable.

numercus that Plaintif fs will f airly and adequately prctect 7.

In each class, the the interests of the respective classes.

interests of the class representatives are ccincident with, these of the remainder of the and not antagenistic to, In additien, plaintiffs are represented by experi-class.

enced and able ccunsel who have litis'ted class actions in and appc11ste courts this District and in ether district thrcughout the United States.

exist with Ccmmen questiens of law and fact 8.

of this to the nuclear incident which is the subject respect.

The enly possible individual questicn affecting cceplainc.

the precise a cunt of individual members of the classes is is entitled.

damages to which each member of the classes Because the cnly ncn-ccr:cn issue is the 9.

arount of individual damages to each particular class mer-ber, ccr ca questions of law and fact plainly prederinate.

fair and is a superior methed for the Class acticn treatment adjudicatica of the centroversy herein described, efficient joinder because it permits a large number of inj; ed persons, to prosecute their c0mmen claims cf when is impracticable, unnecessary in a single forum simultanecusly and withcut The class acticn prevides an efficient methed duplicatien.

of the rights of plaintiffs, the whereby the enforcement and the defendants can be fairly managed.

class members, V.

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A " nuclear incident" as used in this cc plaint including an extracr-is defined to mean any cccurrence, dinary nuclear occurrence, within the United States causing less of cr damage to prcperty, er less of use of preserty,

tcxic, of or resulting f rom the radicactive,

arising cut special explcsive, or other harardcus prcperties cf source, forth in 42 U.S.C.

nuclear, er by-product eaterial, as set as it did in 5 2014(q). A " nuclear incident" can aise pose, 2_

na 9

this case, a direct and i =ediate threat of bcdily harm or aithin close proximity to the sicus of the death to these e-:curren;e.

VI.

,I,r C, a.. r. n.. S c... n D_

a 11.

On or about " arch IS, 1979, and ccatinuing thereafter at least until the date of filing of this ccm-the Three Mile Island a nuclear incident occurred at

plaint, facility.

there As a result of that nuclear incident, 12.

was an imminent threat of dispersal of radioactive debris, and radicactive debris was dispersed, thrcughcut the area at least within a 25 mile radius of the Three Mile Island facili;y. In addition, *here was an inminent threat of a nuclear catastrcphe including a potential

• eltdown" cf the Three Mile Island facility.

and the As a result of the nuclear incident 13.

dispersal of radicactive debris, a general emergency was and pregnant we=en and children undar five years

declared, old were requested to leave the five mile -.rea arcund Three Numercus other persens, exerc. sing reascnable i

Mile Island.

were forced to leave the vacinity or arcided prud.-

2, entering the vicinity.

_19 340 122

at the aforesaid incident Plaintiffs aver that 14.

Three "ile Island will centinue to cuase pecpie to leave the d

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..w frca purchasing food and other censuner goedc pre-pecple cessed er manufactured within the area.

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in (f) negligence er willful miscenduct including handling the aftermath of the nuclear incident, release or deliberate acn-release of infor-the negligent er the announcement of nisleading nation to the public, and/or inaccurate infcrmaticn; ccnstruc-(g) defects in the manufacture, and/cr installation of the nuclear reacter at tien, design, in violaticn of the Three Mile Island nuclear facility, (Second) of Penncylvania law as reflected in Restatement Torts, S 402A; the miscarriage of an ultrahazardcus (h) the activity of operating a nuclear fac-activity, namely, ility; and the violation of the terms and ccndi-(i) issued by the United States ' uclear tiens of the license Regulatcry Cc=nission for the Three Sile Island nuclear (and the statute requiring its facility, which license c

individuals was intended to protect and benefit issuance) in-and businesses within the vicinity of such facility, cluding the plaintiffs and the class nenhers..

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inter alia, the The nuclear incident has had, 16.

fol10 wing effects:

Certain plaintif f s and members of Class I (a) were closed for a peried of time; Even after such plaintiffs and class (b) to werk, me:hers recpened, many empicyees refused to return permanently; and many empicyees left their e=plcyment Certain individual plaintiffs and class (c) in the exercise of reascnable prudence, were forced

menters, causing expense to evacuato the area fer a pericd of time, and icss of incere; Certain i.dividual plaintiffs and clar_

(d) i rembers were expcsed or may have been expcsed to radiat on Island and will require constant released f rca Three ?tils future and may require medical i

medical menitoring in the treatment therefrem; Certain individual pl_,ntiffs and class (e) result of menhers suffered sericus emo'.icnal injury as a to such additicnal radiatica, or th.a threat their exposure develop an unusually high level of thereof, and have or ma, 4.

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thereby shortening

future, fear of deveicping cancer in the diminution of their life expecta:.cy and causing them present the enjoyment of life; Certain plaintiffs and class n. embers (f) l have experienced a material decline in the value of rea preperty owned within twenty-five miles of Three Mile Is-land:

The full extent of the injuries sus-(g) tained by individual plaintiffs and class members as a result of expcsure to the radicactive materials bein; emitted frca defendants' Three Mile Island facility is Ecuever, prc;er to these plaintiffs.

presently unknc..m these plaintiffs and these medical procedure dictates that other persons who have been exposed to the radicactive il-emissicns f rca def endants' Three Mile Island nuclear f ac least four (4) times a year for ity should be examined at years in order to detect and treat the next twenty (20) effectively the cancercus conditions which will likelv.

I result to plaintif fs and the members of Class III as a result of their expcsure to radicactite materials.

The activities of defendants an alleged 17.

hereinatcvo render the Three '4ile Island f acility a public nuisance and have caused plaintiffs and class memners ir-reparable harm. 340 126

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As a direct and prcximate result of the v.ic-and ecmbers of the plaintiff latiens alleged, plainciffs to are suffering and will centinue classes ha're suffered, suffer the folicwing less and damage:

Individual plaintiffs and class members (a) frem Three Mile have been expcsed to radicactive emissiens Island and thereby to a substantially increased prebability of incurring cancer and/or genetic defects; Individual plaintif fs and class members (b) have been subjected to the necessity of evacuating their to the rocc =endatien of the Gcverncr heres either pursuant of Pennsylvania er in the exercise of reasenable prudence and due care; Plaintiffs and class morters have been (c) of their pro-deprived of the peaceful use and enjoyment c

perty; Plaintiffs and class renbers have been (d) injured by the diminutien of the financial value cf their

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in Members of Class I have been damaged (c)

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340 12

custc=ers and pr:spective custc=ers fear the contamination f allen of f because of local feed products and patronage has of people leaving and/or staying away frem the area; Members of Class I have been damaged by (f) and interruptions in empicyee absenteeism, werk steppages, due to the nu-shipments frca surpliers and to custeners, clear incident at the Three Mile Island.

Plaintiffs and class members have suf-(g) fered other "censequential and incidental" injuries, harm, and/or dn= ages as a result of the violations alleged here-

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inabcve.

X.

Ce.._...D v u,..Y n n..,.,

Plaintiffs demand a trial by jury of all 19.

issues so triable in these cases.

XI.

I PRAYZR FCR FILIZ?

iiiEP2FCPI, plaintiffs pray that:

.intiffs and other members of the classes A.

recover the damages determined to have been sustained by each of them respectively, and that judgment be entered 340 128

herein jcintly and severally against the defendants, and each of them, fcr tne a cunes decermined.

3.

The Ccurt enter an appropriate Crder directing that the nuisance be abated.

C.

The Ccurt impose a ccnstructive trust upcn the real and personal prcperty cuned by defendants in an o.nc en t sufficient to pay fer the ecst of the individual plaintif f s and members cf their class receiving medical diagnostic, and treatment services fcr the next t.ie n ti (20) ysars with regard to possible cancercus and abncr=al genetic cenditicns which they might develep.

D.

This C.7urt grant such other, further and cifferent relief as may be deemed just and prcper.

E.

Plaintiffs and menhors of the classes reccver the ecsts of this suit, including any expert witness fees, tcgether with reascnable atecrneys' fees.

DAVID BERGCR, P.A.

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CP CCC;32L:

By

! 2 ' '. C ; \\ I I".->

I DAVID BERCER, P.A.

David Berger -

/

ATTC R::EY3-AT-LAW 1622 Locust Street Philadelphi.a, PA 19102^

(215) 732-S000 Liasion Counsel for All Pla.nciffs and.

340 129

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100 Chestnut Street SHII:C'A:: s CCHIN Suite 206 PSTS Building, 22nd Flecr Harrisburg, PA 17101 12 Scuth 12th Street (717) 236-7999 Philadelphia, PA 1910.

(215) 922-1300 "andall K. Shanken, Esquire ACLER, SARISH, CANIELS, LE';;S P.

O. Scx 243

& CRES KOFT Carlisle, PA 17013 Rchs & Haas 31dg., 2nd Flcer (717) 249-1424 6th & Market Streets Philadelphia, PA 19106 (215) 923-3900 S..... n.

c ~. e. u-v. & Lonn _= R Lz e_ v = e. =..n,

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w 111 North Fr:nt Street 35 Scuth Ouke Street P.

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Box SS9 York, PA 17401 Harrisburg, PA 17109 (717) 843-3871

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a 350 5th Avenue Suite 1005 New York, ';Y 10001 Payne-Shoemaker Building (212) 244-2000 240 North Third Street P. O. Box 1177 Harrisburg, PA 17103 (717) 234-3031 EEASLEY, HE'#SCN & CASEY KRA::K, GRCSS & CASPER 21 South 12th Street 338 Park City Center 5th Ficcr Lancaster, PA 17601 Philadelphia, PA 19107 (717) 299-7327 (215) 665-1000 BARRACK, RCCCS & McMAHCN MEISENHEL;ER & ASCCCIATES 2000 Market Street 11 East Market Street Philadelphia, PA 19103 York, PA 17401 (215) 963-0600 (717) 843-5046 Barry A.

Reth, Esquire Attcrney at Law 120 South Street Harrisburg, PA 17101 (717) 234-2401.

340 130

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P.A.,

liaisen counsel for plaintiffs in the abc're-captiened case, hereby certify that en June 27, 1973, I hand delltered a true and ccrrect ccpy of the Ccasolidated Cc= plaint to Jchn G.

Harkins, Jr.,

Esquire, Edward 'd.

"adeira, Jr.,

Esquire, and/cr A.H.

Wilcox, Esquire, of Pepper, Ha:tilton

& Scheet, Counsel of record for all defendants herein, located at 2001 the Fidelity Su11 ding, 123 Scuth Broad Street, Philadelphia, PA 19109.

0). (l&M v

RICliARD M.

idit/C IS

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340 i 31