ML20062N588

Notifies of Civil Action 93-5790 Re T Owens Vs Beco.Summons & Complaint Encl

ML20062N588
Person / Time
Site:	Pilgrim
Issue date:	01/04/1994
From:	Stowe W BOSTON EDISON CO.
To:	Office of Nuclear Reactor Regulation
References
NUDOCS 9401180047
Download: ML20062N588 (16)

Text

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BOSTONEDISON Executive Offices 800 Boylston Street Boston, Massachusetts 02199

$$$r75U$$o*umei January 4, 1994 radI$$$$$$$

i Director of Nuclear Reactor Regulation i

Nuclear Regulatory Commission Washington, DC 20555 Re:

Timothy Owens v. Boston Edison Company Commonwealth of Massachusetts l

Suffolk Superior Court Docket No. 50-293 Civil Action No. 93-5790 License No. DPR-35

Dear Sir:

Pursuant to 10 CFR 6140.6(a), notification is hereby provided of the above-captioned action which appears to constitute a claim that is reportable in i

accordance with that section. A copy of the summons and complaint is. enclosed.

!q At the present time, we have only just received this complaint and have no.

further information regarding this matter.

Please contact the undersigned if there are any questions regarding this

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notification.

4 Very truly yours, j

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' Enclosures cc:

R. V. Fairbank, Jr.

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ClV1L ACTION i

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TIMOTHY OWENS

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BOSTON EDISON COMPANY

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SUMMONS Agent Authorized to Accept Process For:

Boston Edison Ccmpany, 800 Boylston St.,

Boston, To the abose. named Detendant You are hereby summened and :equired to sene upon _;Jichanl J-Colcman --KEANE--&-KLBIN r

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.h+i NM 02111 Mai iff'( atta ncy. w hme addreu is 1 ? 3.. No. Nashinctoi St.._Rc" cr "A

, an answer to the ccmp'aint which is herewith sened upon you, Aithin 20 days after service of this summons upon you, exchaise of the day of senice. If you fail to do so, judgment by default will be taken against you for the re!!cf de:randed in the complaint. You are abo required to file your answer to the complaint in the office of the (.lcrk of this court at Bo :en either befo:e senn e upcn plaintiff's r.iterncy or wi hin a reatonable t

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Unless etherwise prasided by Ru!e 13(a), yout answer must state as a counterclaim any claim which you may bas e i.giin t the p.:;intif f which arists ca' of the tr r.saction or occurrer.ee that is the subject mat:er of the plati.aff's claim or you will :hcr;aftcr be baired fror.. noking such c! aim in ai,', other acirr Wi nm. Tl:OMAS R. MORSE, JR., Esqui:.. Boston, the _.

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COMMONWEALTH OF MASSACHUSETTS

SUFFOLK, S.S.

SUPERIOR-COURT DEPARTMENT OF THE TRIAL COURT CIVIL ACTION NO. 93-5790 t

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TIMOTHY OWENS,

)

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Plaintiff,

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COMPLAINT v.

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BOSTON EDISON COMPANY,

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PLAINTIFF CLAIMS TRIAL BY

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JURY ON ALL COUNTS Defendant.

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t Now comes the Plaintiff, Timothy Owens, and for his cause of action and clain for relief. states as follows:

1.

At all times herein pertinent, the plaintiff, Tinothy

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Owens, was a resident of the County of Plymouth, Connonwealth of

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2.

The acston Ediscn Cu... puny, is a corporation crganizea f

pursuant to the laws of the Commonwealth with its principal place of business at 800 Boylston Street, City of Boston, County of Suffolk, Con onwealth of Massachusetts, and at all t'ines.herein

'l pertinent was the owner, operator, and licensee of a certain Pilgrin Nuclear Power Plant at Plymouth, Massachusetts; 3.

At all material tires herein the plaintiff did not.know, I

could not have. reasonably'diccovered, could not have ascertained facts, and in the exercise of reasonable diligence did not discover the true facts for some tire thereafter, that the j

l aforementioned defendant was negligent and engaged in an

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l abnormally dangerous activity; the defendant herein actively misrepresented the status of this matter; and the defendant, its agents, servants, employees and partners more specifically known to defendant herein, and its ostensible / apparent agents, servants and employees did continue to misrepresent to the plaintiff and 1

failed to properly inform him as to the status of this matter and j

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further did nisrepresent the status of the matter to him; or the plaintiff was otherwise disabled prior to bringing this action.

COUNT I (Nuisance) 4.

The Plaintiff, Tinothy Owens, repeats and realleges paragraphs 1 through 3 as though fully set forth herein; 5.

That for substantial periods of tine between 1972 and-1978, the plaintiff resided in close proxinity to the Pilgrin Nuclear Power Plant, Plynouth, Massachusetts.

6.

That as part of the premises aforesaid, the defendant j

Ccaten Ediscn cwned, nain'a' ed. and centrolled a certain abnormally dangerous substance con =cnly known as radioactive nuclear materials.

7.

That during the aforesaid time period, Boston. Edison discharged into the air and water outside of its prenises and off its property radicactive nuclear materials.

That the ownership, maintenance and control of 8.

radioactive nuclear naterial, and the cpen diccharge or release of said materials in its associated forns constituted a hazardous situation and a nuisance.

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1 9.

That between 1972 and 1978, the. plaintiff cane in contact with the radioactive materials and/or its associated components i

within the confines of the hazardous situation and the nuisance i

created by Boston Edison.

10.

That as a direct and proximate result of the conduct of-i the defendant in establishing and maintaining a hazardous i

situation and nuisance, the plaintiff sustained.the distinguishable personal injury of Lukenia.

j 11.

That by the very nature of the hazardous situation, the nuisance, the nature of the radioactive materials and their component parts and the active withholding of information, and-

-l nisrepresentation of information as to the radioactive discharges

'i and dangers associated with then by defendant, the plaintiff did not know, could not have reasonably discovered, could not ascertain facts, and in the exercise of reasonable diligence did i

not discover the true facts for sometine after his exposure and the disccveri of his cancercus candition.

12.

That prior to her exposures due to the nuisance created.

by Defendant, the Plaintiff was in good health and was then caused-to suffer physical injury, disease, poor health, nedical expenses, pain, suffering, pernanent scarring, loss of earning capacity-and.

j loss of enjoyment of life.

WHEREFORE, the Plaintiff prays judgment against' Defendant'in-such an ancunt as will rufly and rairly compensate hin ror his I

injuries together with his costs expended herein.

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COUNT II (Negligence) 13.

The plaintiff, Tinothy Owens, repeats and realleges.

j Paragraphs 1 through 12, as though fully set forth herein.

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That notwithstanding the duties owed by the defendant to the plaintiff, the defendant was negligent in one or nore of the following acts or omissions:

i Negligently failed to provide a proper and safe control a.

of radiation discharge.

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b.

Negligently failed to implenent and enforce adequate safeguards for the protection of persons lawfully living in the area of the Pilgrin Nuclear Power Plant.

Negligently failed to supervise the personnel whose duty c.

it was to nonitor, inspect and provide technical / health j

services with regard to radioactive discharges.

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d.

Negligently failed to adequately inspect the prenises and surrcunding areas eu uu Lv;.alac at uac of danger.

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Negligently failed to warn persons lawfully living in the l

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area of the dangers associated with discharges.

f.

Negligently discharged radioactive materials into.the atmosphere and water around its property.

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Negligently contaminated.the native food supply in the area around its property.

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Negligently failed to adopt adequate standards, l

procedures,.and protocols for the health and safety of. persons lawfully living in the surrounding area of Defendant's nuclear.

power plant.

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Negligently violated the established standards, i

procedures, protocols, statutes, rules and regulations l

, established for the protection of the health and safety of t

persons lawfully living in the surrounding area of defendant's nuclear power plant.

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Negligently and/or intentionally withheld information from its neighbors as to the dangers associated with it's' radioactive discharges.

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Negligently and/or intentionally nisrepresented the j

i causes of abnornally high off-site radiation readings.

1.

Negligently and/cr intentionally misrepresented the quantity of its radioactive discharges.

i Negligently and/or intentionally nisrepresented the n.

quality of its radioactive discharges.

n.

Was otherwise negligent in the use and cccupancy of the prenises so as to expose persons lawfully living in the c'..:.rcunding arca to rcdir:ctive.:.cterials.

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15.

That as a direct and proxinate result of the defendant's j

negligent acts and onissions aforesaid, the Plaintiff, who was in i

good health, was.then caused to suffer physical injury, disease,-

y poor health, nedical expenses, pain, suffering, pernanent-I scarring, loss of earning capacity and loss of enjoynent of life.

I WHEREFORE, the Plaintiff prays judgment against Defendant in such cn ancunt as will fully end f6irly compensale hia for his l

i injuries together with his costs expended herein.

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t COUNT III (Strict Liability in Tort - Abnormally Dangerous Activity) 16.

The Plaintiff, Timothy Owens, repeats and realleges Paragraphs 1 through 15, as though fully set forth herein.

17.

That the activity carried on by Boston Edison at the i

Pilgrin Nuclear Power Plant was an ultra-hazardous and/or abnormally dangerous undertaking.-

18.

That said ultra-hazardous activity and/or-abnormally dangerous undertaking proximately caused the plaintiff's injuries.

Further, the plaintiff's injuries were'the direct i

result of the strict liability in tort of the defendant s ultra-i hazardous and/or abnormally dangerous activities.

19.

That as a direct and proximate result of the defendant's strict liability due to its conduct of. ultra-hazardous and/or

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abnormally dangerous activity of releasing radiation fron its plant and off its property, the Plaintiff,.who was in good health, i

wc then caused to cuffer r.hynical injury, disease, poor health, medical expenses, pain, suffering, permanent scarring, loss of i

earning capacity and loss of enjoyment of life.

WHEREFORE, the Plaintiff prays judgment against Defendant in such an amount as will fully and fairly compensate him for his j

injuries together with his costs expended.herein.

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PLAINTIFF CLAIMS TRIAL SY JURY-ON ALL COUNTS.-

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' COUNTY OF SUFFOLK UM THE SUPERIOR COURT i

CIVIL DOCKET # SUCV93-05790.

RE:

Owens v Boston' Edison Company I

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123 North Washington Street

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TO:

James P Keane Keane & Klein Bonton MA 02114'

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i TRACKING ORDER - F TRACK i

You are hereby notified that this case is on the fast (F) track' II as per Superior Court Standi ng Order 1-88. The order requires i

that the various stages of litigation described below must be completed not later than'the deadlines indicated.

1 STAGES OF I LTl,GATION -

DEADLINE 4

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Service of process made and return filed with the Court 01/06/94-1 Respunae to the complaint filed (also see MRCP 12) 03/07/94

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All mot. ions under MRCP 12, 19, and 20 filed 03/07/94 All motions under MRCP 15 filed 03/07/94 All discuvery requests and depositions completed 08/04/94 A1.1 motions under MRCP 56 filed and heard 09/03/94 t

Final pre-trial conference held and firm trial date set 10/03/94 Case disposed I?/02/94 j

The fina e-trial deadline is ng1Jite schg!1 pled date of the

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rganieIgnu.

You will be notified of that date at a later time.

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Counsel for plaintif f must. serve t. bin tracking order on defendant before the deadlino for tiling return of service.

This case is assigned to Superior Court session G sitting at Suffolk.

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Dated: 10/08/93 i

tii chae l Joseph Donovcn, Clerk oi Courts g

BY:

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Jack Leary Jr, Asst Clerk

. i Location: ?x 226 (Boston) i Telephcne: 617-725-8217 l

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COMMONWEALTH OF MASSACHUSETTS

SUFFOLK, S.S.

SUPERIOR COURT DEPARTMENT OF THE TRIAL COURT CIVIL ACTION NO. 93-5790

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TIMOTHY OWENS,

)

)

r Plaintiff,

)

)

v.

)

BOSTON EDISON COMPANY,

)

Defendant.

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PLAINTIFF'S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS AND THINGS

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Plaintiff hereby request that the defendant produce the following for inspection, copying and testing pursuant to the Federal Rules of Civil Procedure, Rule 34, at the offices of-Keane and Klein, 123 North Washington Street, Boston, MA 02114.

DEFINITIONS

a. In all Requests, the words "off-site" shall menn the geographic area from immediately inside the boundary fences of the Pilgrim Nuclear Power Plant to and including the all areas within a-twenty-five mile radius of the Pilgrim Nuclear Power' Plant.

i 1.

All manuals, instructions,' procedures, models and methodologies used by Bcston Edison to calculate off-site radiation exposure to individuals for the years 1974-1989.

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All manuals, instructions, procedures, models and l

methodologies used by Boston Edison to calculate off-site radiation exposure to the general public for the years 1974-1989.

3.

All manuals, instructions, procedures, models and methodologies used by Boston Edison to calculate off-site radiation exposure to the ' average person' for the years 1974-1989.

4.

All manuals, instructions, procedures, models and methodologies used by Boston Edison to calculate off-site maximum f

radiation dose to individuals (not collective dose) for the years 1974-1989.

5.

All manuals, instructions, procedures, models and methodologies used by Boston Edison to calculate off-site minimum

.j radiation dose to individuals (not collective dose) for the years 1974-1989.

6.

All computer programs in all forms including, but not limited to, main frame tapes and/or diskettes, used in conjunction f

I with the items specified in Requests 1, 2,

3, 4 and 5 to compute-i off-site dose at Pilgrim Nuclear Station for the years 1974-1989.

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All written documentation for each computer program l

produced pursuant to Request 6.

(not collective dose) at Pilgrim Nuclear Station during the years 1974-1989 in all forms including but not limited to main frame tape, PC diskette,' written document including:

a) Any program used to compute the location of maximum individual dose (not collective dose);

b) Any program used to compute individual dose (not collective f

dose) at any specified location.

5. A copy of all site-specific weather data used at Pilgrim Nuclear Station during the years 1974-1989 in all forms including f

I but not limited to main frame tapes, PC diskettes, written records.

I a) Raw data by the shortest time period for which such weather measurements were taken, e.g. 5 minutes.

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6. A copy of all emissions data by location emitted, including but not limited to air and liquid emissions for the years 1974-1989, a) Raw data by the shortest time period for which such emissions measurements were taken,.e.g. 5 minutes.

7. A copy of raw data and laboratory reports for all environmental samples for the years 1974-1989.

8. A copy of records of any of the data requested in Requests 1-7 which has been destroyed or transferred to another location.

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9. A copy of all written protocols, guidelines, standards or J

procedures for the years 1974-1989 at Pilgrim Nuclear Station.

relating to the emissions of radioactive materials in any form, safeguards to prevent unintentional emissions, the measurement of-I said emissions and the taking of environmental samples.

10. All documents and things of any kind and description, including but not limited to books, manuals, notes, records, letters, memoranda, photographs, reports, tape recordings, films, videotapes and materials of any kind and description' relating to the following:

a) Unauthorized or unintentional emissions of radioactive materials from Pilgrim Nuclear Station during the years.1974-1989; b)

Written policies regarding said emissions, particularly as-to warnings to officials and/or citizens of neighboring communities; c) Written policies regarding similar emicsions of radioactive materials from Pilgrim Nuclear Station during the years 1989-present; d) Complaints of personal injury received during the years 1974-1989 from emissions of radioactive materials; e) Complaints of personal injury received from 1989-present from emissions of radioactive materials.

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11.

Each and every document which supports defendant's contention that plaintiff's injuries were caused by someone i

other than defendant.

By Plaintiff's Attorneys KEANE & KLEIN j

Micha~nl lemz(n -

BBO #55 06 123 N shington Street Bosto,

02114 (617) 523-7676 r

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