ML19290A235
| ML19290A235 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 08/28/1979 |
| From: | Berger D, Hovis R AFFILIATION NOT ASSIGNED, BERGER, D., HOVIS, COCKRILL, WEAVER & BJUR |
| To: | |
| References | |
| TASK-OS, TASK-RH-921-8 NUDOCS 7910240174 | |
| Download: ML19290A235 (13) | |
Text
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NRC PUBLIC DOCUMENT R001C UNITED STATES OF AMERICA Uk)k ;
NUCLEAR REGULA10RY COMMISSION '
i Shp,J In the Matter of Docket No. 50-320
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METROPOLITAN EDISON COMPANY et al.
Three Mile Island Nuclear Station:
Determination regarding Extra-Unit 2 ordinary Nuclear Occurrence SUBMISSION OF INFORMATION, MOTION FOR LEAVE TO INTERVENE, AND REQUEST FOR HEARING 1.
The persons submitting informatic., herein (Informants) are as follows:
Gertid S.
Fantasky and Vincenta L. Fantasky James A.
Good and Bonita R. Good James E. Gormley N
Dynamics Products Corporation J3 Modagraphics Corporation q
'~#"h, John Glise, Inc.
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dh The Red Baron of America, Inc.
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James D.
Derr, Inc.
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b(9 Robert T.
Dunn and Annette Dunn Katherine Shirilla Michael Lyons and Judith Lyons I'
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Terrill Schukraft 43 hkl U Constance Krebs Kenneth E.
Stoner, Jr.,
and Linda Stoner Giant Food Stores, Inc.
White Shield, Inc.
Komet Co.,
Inc.
First Edition Book Stores, Inc.
Wolowitz, Inc., d/b/a " Young Image Shop" Free Car Wash, Inc., d/b/a " Gas and Wash" Cumnerland Skadium, Inc., d/b/a "Cumberland Skadium" Harry Cramer, Inc., d/b/a " Harry Cramer Oldsmobile" Aero Corporation, d/b/a " Budget Rent A Car" Michelle Smajda and Terry Smith Earl J. Markle and Dorothy Markle Willism Gorman and Beverly Gorman Russe.1 C.
Earhart and Grayce Earhart Herbert M.
Packer, Jr.
John W.
Griffith and Jean B.
Criffith LeRoy I.
Sykes 2226 229 791024 0 / 79F
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Monte H. E. Parfitt and Rose Marie Parfitt Walter J. Lachewitz, Jr.
American Vanguard Systems, Inc., t/a Mil 3 house Restaurant Samuel W. Fleck and Louise E. Fleck Davic! A.
Barbarette Leonard J. Bourinski and Joyce E. Beurinski Joan E.
Bretz Gary F. Ditto William E. Dunham and Patricia Dunham Espenshade Meats Gilbert Freidman Mountainview Thoroughbred Racing Assn., Inc.
Penn Photo, Ltd.
Pennsylvania National Turf Club, Inc.
The Sport Nit, Inc.
C. Robert Larsen and Marie K.
Larsen Peter Davis and Carol A.
Davis William Shields and Susan Shields Barry Buck and 'Toni Buck All of the foregoing reside, resided, were or are located on March 28, 1979 within 25 miles of Three Mile Island Nuclear Station Unit 2 (TMI), and on March 28, 1979 several reside, resided or were or are located in the immediate vicinity of said Unit.
All are persons with-in the meaning of 10 CFR 5140.3 (g).
The foregoing constitute all of the Plaintiffs in the consolidated class action naming the Licensee of TMI and others as defendants filed in the United States District Court for the Middle District of Pennsylvania, No.79-432.
Said class action relates to the nuclear incident which took place on or about and after March 28, 1979.
2.
On July 8, 1979, the Nuclear Regulatory Commission (Commission) initiated the making of a determination as to whether the above nuclear incident constitutes an extraordinary nuclear occurrence (ENO) and invited interested persont to submit any information in their possession relevant to this determination.
Notice of this action was published in the Federal Registet-Vol. 44, No. 142, on July 23, 1979, and appeared in media announcements.
2226 230 2
The notice published in the Federal Register stated, inter alia, that further provisions for public participation will be announced at a later date.
To the best of Informants ' knowledge and belief, such provisions have not been announced.
In addition, Informants believe that at least one application has been made to the Commission by other persons to make an ENO determination.
3.
Informants are interested persons because either they and their properties were exposed to radiation or to radioactive materials from the nuclear incident, because they lost the use and value of their properties, or they found it necessary to take protective action such as evacuation to reduce or avoid exposure to radiation or to radioactive materials.
Informants are interested persons because they are named Plaintiffs in the above mentioned class action on behalf of all individuals and entities within a 25-mile radius of TMI.
Important substantive and procedural rights in the class action may be affected by the determination as to whether or not there is an ENO, which rights are found in portions of the Atomic Energy Act.
See, 42 USC S2210(n).
- 4. _ Informants presently possess the following information rel-ative to the criteria set forth in 10 CFR 5140.84(a) and (b):
22Z6 231 3
During the incident, in place monitors within the plant went off scale for three days and otherwise gave erroneous measurements, exceeding their capacity for measuring releases of radioactivity and radioactive materials, This and other facts led the Lessons Learned Task Force to report that:
... sampling of plant gaseous-effluents, with laboratory analysis of samples subsequent to release, is the only valid technique for monitoring accidental releases of radiciodines and particulates."
NUREG-0578 p. A-38.
Published calculations to date have relied on a limited number of dosimiter readings, have not given suf ficient weight to the maximum dosimiter readings observed, the margin of error in such measuring devices or the conflict of interest of the Commission's contractor, Radiation Management Corporation.
Said corporation is part owned and financed by General Public Utilities, the parent company of the Licensee of TMI.
Published calculations do not give weight to any estimated, observed, possible or calculated stack, vent and other releases applied to the meteorological dispersal formula for TMI, e.g.,
release of 13,000,000 curies of Xel33 and readings of 3,000 mr/hr above vent s tack observed on March 29.
2226 232 4
5.
In addition, it is believed that the Commission is in error in its statement at Vol. 44, No. 142, Federal Register, page 43130 that:
" Based on the information available to the NRC Staff at this time, it appears that neither part of Criterion I is satisfied.
Both personal, exposures and property contamination are presently considered to be far below the levels specified in the tables set out above.
In the period March 28-April 7, the approximated upper limit on whole body dose to a person in a populated area offsite has been calculated to be 100 millirems.
For the most part, property contamination levels measured approximated
' minimum detectable activity' levels."
The Commission may further be in error by not giving sufficient weight to its words in 10 CFR 5140.84(a), to wit:
"...could have been or might have been exposed" to the doses stated thereafter.
Published articles indicate that the actual releases and doses received may never be known.
6.
Informants presently possess the following information relative to the criteria set forth in 10 CFR 5140.85:
2226 233 5.
While the consolidated class action filed by Informants, in accordance with the Federal Rules of Civil Procedure, does not state the amount of damages claimed, several of the actions which have been consolidated originally pleaded damages in excess of 560 million dollars.
It is possible that all damages could exceed such amount.
Such damages include those outlined in 10 CFR S140.85.
Payments of approximately 1.2 million dollars have heretofore been voluntarily paid to evacuees.
This does not include loss of wages or any expenses of evacuees in families which did not have pregnant women or pre-school children.
The latter expenses are of great magnitude.
The insurers of the Licensee and others have indicated a willingness to pay loss of wages and are negotiating with Plaintiffs' liaison counsel in the class action for further sums to be paid in setticuent of other portions of the claim.
A notice of class action will soon be sent to all members of the classes and subclasses which are estimated to be approximately two million people for the purpose of indicating their willingness to participate in the suit and to indicate their damages.
Response
to this notice will be extremely valuable in indicating damages suffered by victims of the incident.
2226 234 6
]
7.
In addition, it is believed that the Commiscion is in error in its statement at Vol. 44, No. 142, Federal Register, page 43131 that:
" Based on the information available t,
the NRC staff at this time, the only category of Criterion II damages possibly satisfied by the Three Mile Islar. accident is defined by (4), namely financial d
loss resulting from protective actions such as evacuation, appropriate to reduce or avoid exposure to radiation or radioactive material."
The Commission will be in error if it does not interpret damages suffered by Informants and others to include loss of use of affected property and possibly total cost necessary to put affected property back into use.
See, 10 CFR S140.85 (b) (1) and (2).
8.
In view of the fact that Informants and those who they represent will be affected by the within proceeding, Informants desire to participate as parties and hereby petition for leave to intervene pursuant to 10 CFR S2.714, as well as any other procedures determined by the Commission for participation in this determination.
9.
Informants wish to intervene as it relates to the submission and consideration of doses of and exposures to radioactivity and radioactive materials, submission and consideration of damages to persons and property, as well as interpretation and affect of law and of the Commission's Regulations.
10.
Because of the importance of this determination, Informants also request that a hearing be held in the vicinity cf TMI for the purpose of allowing Informants and other interested parties to participate.
The Commission is also requested to extend its 90-day deadline (10 CFR S140.83) so that it can make an actual determination and not a determination by def ault.
2226 235 7
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p David 36rger Raymond L.
Hovls 1622 Locust Street 35 S'outh Duke Street Philadelphia, Pennsylvania 19103 York, Pennsylvania 17401 Attorney for Informants Attorney for Informants Dated this 28th day of August, 1979.
Service is to be made on the above attorneys at each of the above addresses.
2226 236 8
COMMONNEALTH OF PENNSYLVANIA:
- SS COUNTY OF YORK Before me, a Notary Public in and for said Commonwealth and County, personally appeared JAMES A. GOOD
'1ho is a petitioner herein, who being duly sworn according to law, deposes and says that he is authorized to make this affidavit on behalf of petitioners, who are also acting as informants, and that the facts set forth in the foregoing document are true and correct to the best of his knowledge, information and belief.
'E:1 &2 ',/,.-.
4 SWORN and subscribed to before me this i day A
of
_ -[ cyc
, 1979.
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~ - E, Notar NY COMMISSION EXPIRES
.OCTCSER 24,1981 Y.QE5.10RK CO., PA.
2226 237
UNITED STATES OF AMERICA NUCLEAR REGUIATORY COMMISSION In the Matter of Docket No. 50-320 METROPOLITAN EDISON COMPANY et al.
Three Mile Island Nuclear Station Determination regarding cxtra-Unit 2 ordinary Nuclear Occurrence NOTICE OF APPEARANCE The undersigneC does hereby appear on behalf of the following informants and petitioners in the above captioned proceeding:
Gerald S. Fantasky and Vincenta L. Fantasky James A. Gcod and Bonita R. Good James E. Gormley Dynamic Products Corporation
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Modagraphics Corporation
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John Glise, Inc.
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,, g The Red Baron of Arcerica, Inc.
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James D.
Derr, Inc.
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-a Robert T.
Dunn and Annette Dunn G.< ir Katherine Shirilla
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Michael Lyons and Judith Lyons s
Terrill Schukraft Constance Krebs n
Kenneth E.
Stoner, Jr.,
and Linda Stoner N,. s Giant Food Stores, Inc.
White Shield, Inc.
Komet Co.,
Inc.
First Edition Book Stores, Inc.
Wolowitz, Inc., d/b/a " Young Image Shop" Free Car Wash, Inc., d/b/a " Gas and Wash" Cumberland Skadium, Inc., d/b/a "Cumberland Skadium" Harry Cramer, Inc., d/b/a " Harry Cramer Oldsmobile" Aero Corporation, d/b/a " Budget Rent A Car" Michell Smajda and Terry Smith Earl J. Markle and Dorothy Markle William Gorman and Beverly Gorman Russell C. Earhart and Grayce Earhart Herbert M.
Packer, Jr.
John W.
Griffith and Jean B.
Griffith LeRoy I.
Sykes Monte H.
E.
Parfitt and Rose Marie Parfitt Walter J.
Lachewitz, Jr.
American Vanguard Systems, Inc., t/a Millhouse Restaurant 2226 238
Samuel W.
Fleck and Louise E.
Fleck David A. Barbarette Leonard J.
Bourinski and Joyce E. Sourinski Joan E.
Bretz Gary F. Ditto William E. Dunham and Patricia Dunham Espenshade Meats Gilbert Freidman Mountainview Thoroughbred Racing Assn., Inc.
Penn Photo, Ltd.
Pennsylvania National Turf Club, Inc.
The Sport Nit, Inc.
C. Robert Larsen and Marie K. Larsen Peter Davis and Carol A.
Davis William Shields and Susan Shields Barry Buck and Toni Buck The addresses of the foregoing are various and for purposes of this notice may be deemed the same as the undersigned.
The undersigned is an attorney-at-law admitted to practice and in good standing in the following courts:
United States Supreme Court; United States Courts of Appeals for the First, Third and Ninth Circuits; United States District Courts for the Middle and Eastern Districts of Pennsylvania; The Supreme Court of Pennsylvania; and other Courts in the Commonwealth of Pennsylvania.
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David Berger 1622 Locust Street Philadelphia, Pennsylvania 19103 2226 239 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of Docket No. 50-320 METROPOLITAN EDISON COMPANY et al.
i Three Mile Island Nuclear Station Determination regarding Extra-Unite 2 ordinary Nuclear Occurrence NOTICE OF APPEARANCE The undersigned does hereby appear on behalf of the following informants and petitioners in the above captioned proceeding.
Gerald S. Fantasky and Vincenta L. Fantasky James A. Good and Bonita R. Good James E. Gormley h*
Dynamics Products Corporation Modagraphics Corporation S
o N )9 John Glise, Inc.
S gjf Dq The Red Baron of America, Inc.
James D. Derr, Inc.
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Robert T. Dunn and Annette Dunn 0
Katherine Shirilla Michael Lyons and Judith Lyons 4
Terrill Schukraft Gu 9 Constance Krebs Kenneth E.
Stoner, Jr.,
and Linda Stoner Giant Food Stores, Inc.
White Shield, Inc.
Komet Co.,
Inc.
First Edition Book Stores, Inc.
Wolowitz, Inc., d/b/a " Young Image Shop" Free Car Wash, Inc., d/b/a " Gas and Wash" Cumberland Skadium, Inc., d/b/a "Cumberland Skadium" Harry Cramer,.Inc., d/b/a " Harry Cramer Oldsmobile" Aero Corporation, d/b/a " Budget Rent A Car" Michelle Smajd and Terry Smith Earl J. Markle and Dorothy Markle William Gorman and Beverly Gorman Russell C. Earhart and Grayce Earhart Herbert M.
Packer, Jr.
John W. Griffith and Jean B. Griffith LeRoy I. Sykes 2226 240
Monte H. E. Parfitt and Rose Marie Parfitt Walter J. Lachewitz, Jr.
American Vanguard Systems, Inc., t/a Millhouse Restaurant Samuel W.
Fleck and Louise E. Fleck David A.
Barbarette Leonard J. Bourinski and Joyce E.
Bourinski Joan E. Bretz Gary F. Ditto William E. Dunham and Patricia Dunham Espenshade Meats Gilbert Freidman Mountainview Thoroughbred Racing Assn., Inc.
Penn Photo, Ltd.
Pennsylvania National Turf Club, Inc.
'The Sport Nit, Inc.
C. Robert I.2rsen and Marie K.
Larsen Peter Davis and Carol A.
Davis William Shields and Susan Shields Barry Buck and Toni Buck The addresses of the foregoing are various and for purposes of this notice may be deemed the same as the undersigned.
The un/.ersigned is an attorney-at-law admitted to practice and in good standing in the following Courts: United States Supreme Court, United States Court of Appeals for the District of Columbia Circuit, United States District Court for the Middle District of Pennsylvania, Supreme Court of Pennsylvania, and other courts in the Commonwealth of Pennsylvania.
In addition, the undersigned has practice' afore the Nuclear Regulatory Commission since 1973 at both the Atomic Safety and Licensing Board and Appeals Board levels.
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Raymond L.
Hovis 35 South Duke Street York, Pennsylvania 17401 (717) 843-8871 2226 241