ML20064P094

Forwards Summons & Complaint Re Ma Caputo,Et Al Vs Boston Edison Co.Investigation Commenced.Info Requested from Util Re 800225 Incident at Facility & Resulting Radiation Exposures

ML20064P094
Person / Time
Site:	Pilgrim
Issue date:	02/08/1983
From:	Harward J AMERICAN NUCLEAR INSURERS
To:	Saltzman J NRC OFFICE OF STATE PROGRAMS (OSP)
References
NUDOCS 8302170361
Download: ML20064P094 (11)

Text

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564t3 JOHN E HARWARD

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__ WeResdent Couns L_

BURT C.PROOM,CPCU

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President February 8, 1983 Mr. Jerome Saltzman Assistant Director State and Licensee Relations Office of State Programs U. S. Nuclear Regulatory Commission Washington, D.C. 20555

Subject:

Abstract #99 Boston Edison Company Re: Michael A. Caputo, et al.

D/O: February 25, 1980

Dear Mr. Saltzman:

Receipt of a copy of the complaint, filed in the captioned suit, was our first notice of this incident and we have attached a copy of the Summons and Complaint for your file.

We have commenced an investigation and requested pertinent information from Boston Edison Company relative to the alleged incident at their Pilgrim nuclear facility on February 25, 1980, and radiation exposures resulting from that incident.

Very truly yours, 7 . Harward d

[J.Vice President, Claims JEH/pbj Enciosure l

8302170361 830208 PDR ADOCK 05000293 PDR 9

Tre Excbonge Sute 245 / 270 forr.cgton A<ent o / Fornngton. Connect <ut 06032 /(203.e77-7305 m Eng Dept.(203)677-77i5 / TLXJa 643-029

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' TO PLAINTIFFS ATTOR( s':yPSE CIRCLE TYPE OF ACTION ( JOI.VED: -

'e. , 40RI,'- MOTOR VEHICLE TORT - CONTRACT -

EQUITABLE RELIEF - OTHER COMMONWEALTli 0F MASSACliUSETTS SUPERIOR COURT

. . . . . Ml.D D.LE.U.X , . s, DEPARTMENT I"'O OF THE TRIAL COURT CIVIL ~ ACTION

$j No. 83 -3

}; Michael A. Caputo e,t. al.. . Plaintiff (s) 1" e

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.B os ton. .Edis on. . Company. . . Defendant (s) ts li nJ

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SUMMONL

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r To the above-named Defendant

You are hereby summoned and required to sene upon ~.Qhe s t.e r. . .L. . Te nnys o.r),.Jr,. .

(( . . .s. . plaintiffs attorney. w hose address is .k..Parh..S.t.. ,. Bps. ton,. Mass. 02108 3 =.

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.an answer to the complaint which is herewith k f / served upon you, within 20 days after senice of this summons upon you, exclusive of the day of se

}I E .' fail to do so, judgment by default will be Iaken against 3 ou for the relief demanded in the complaint. You are also If 7; required to file your answer to the complaint in the office of the Clerk of this court at Eas t., Carnbyidge f:*

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. either before senice upon plaintiffs attorney or within a G

[?[~ reasonable d ne thereafter.

7F l Unless otherwise provided by R ule 13(a), your answer must state as a ' counterclaim any claim which you may l II l  ; have against the plaintiff w hict) arises out of the transaction or occurrence that is the subject matter of 5? claim or you will thereafter he barred from making such claim in any other action.

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Witness. James P. Lynch. Jr.. Esquire, at . Ea s.t , .Ca.rn.br.id.ge . . . ,

y the. . . . . third . . . . . . . day of . ..gnuag,,, , ,

.in the year of our Lord one thousand nine hundred and eighty-three .

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- .'- C ou." ty Clerk NOTES

1. This summons es issued pursuant to Rule 4 of the Masuchusetts Rules of Cnd Procedure.

2.

When more than one defendant is insohed. the names of all defendants should apgrar in the caption if a separate summons as l uwd for each defendant.each should be addressed to the particular defendant.

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COMMONWEALTH OF MASSACHUSETTS Middlesex, ss.

Superior Court Department Of The Trial Court '

Civil Action No. g3 -3

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~ ~e J MICHAEL A. CAPUTO,  :

HELENA CAPUTO, JAN 13 Loy, NI LA M. CAPUTb PPk, CHRISTINA CAPUTO PPA, .

00ug DDugg ANTHONY M. CAPUTO '

PLAINTIFFS COMPLAINT JURY TRIAL V. DEMANDED BOSTON EDISON COMPANY  :

DEFENDANT l

1. The plaintiff Michael A. Caputo resides in Scituate, Massa-chusetts county of Plymouta.

2. The plaint:!ff Helena Caputo is the wife of Michael A. Caputo and reside in Scituate, Massachusetts county of Plymouth.

3. The plaintiff Elise A.

Caputo is a minor who brings this action through her mother and next friend Het ena Caputo and resides

, in Scituate, Massachusetts county of Plymouth.

4. The plaintiff Nicola M.

Capu to is a minor who brings this action through her mother and next friend IIelena Caputo and resides in Scituate , Massachusetts county of Plymouth.

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5. The plaintiff Christina Caputo is a minor who brings this action through her mother and next friend Helena Caputo and resides in Scituate, Massachusetts County of Plymouth.

6. The plaintiff Anthony M. Caputo is a minor who brings this action through his mother and next friend Helena Caputo and resides in Scituate, Massachusetts County of Plymouth.

7. The defendant Boston Edison Company is a corporation duly organized and existing under the laws of the Commonwealth of Massachusetts which has a usual place of business in Everett, f Massachusetts County of Middlesex.

1 COUNT I: CLAIM OF MICHAEL A. CAPU'IO

/ 1. On or about February 25,1980, the defendant herein owned and was in contiol of a Nuclear Power Electric Generating Station in Plymouth, Massachusetts known as Pilgrim Station.

h/)f 2. On or about Februarv .2.1 1980 the defendant so negligently, and in will[ul, wanton angeskless diss3 egard of the safetf and well being of Michael A. Caputo operated and controlled the said Pilgrim Station so as to cause the said Michael A.

Caputo to suffer serious physical injuries some or all of which may be permanent in nature.

3. As a further result of the aforesaid conduct on the part of the defendant herein, the plaintiff Michael A. Caputo was caused to suffer great' physical pain,%ntal anguish and Vsevere emotional distress which the defendant knew or should have known was the likely result of its conduct and the said Michael Af Caputo will continue to suffer same for an inde-finite time in the future all to his great detriment and loss.

4. As a further result of the aforesaid conduct on the part of

- the defendant herein, the plaintiff Michael A. Caputo has been obliged to expend various and divers sums of money in and about an effort to cure himself of the ills he has suffered and will continue to do so for an indefinite time in the future. all to his great detriment and loss.

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5. As a further result of the aforesaid conduct on the part of the defendant herein, the plaintiff Michael A. Caputo has y suffered a great loss in his earnings and earning capacity and will continue to do so for an indefinate time in the future all to his great detriment and loss. ~ '

COUNT II: CLAIM OF HELENA CAPUTO

1. The plaintiff Helena Caputo is and at all times material hereto was the wife of the plaintiff Michael A. Caputo.

2. The plaintiff hereby restates and incorporates by reference herein the allegations hereinabove set forth in Count I.

3. As a result of the aforesaid conduct on the part of the defen-dant herein, the plaintiff Helena Caputo has been and will be p- for an indefinate* time in the future deprived of her husband's support, society and companionship and has been caused to suffer severe emotional distress all to her great detriment and loss.

i COUNT III: CLAIM OF ELISE A. CA PU'ID

1. The plaintiff Elise A. Caputo is the daughter of Michael A.

Caputo and is and was at all times material hereto a minor and dependent upon the said Michael A. Caputo not only for i support but also in filial needs of guidance and comfort.

2. The plaintiff herein hereby restates and incorporates by reference herein the allegations hereinabove set forth in Count I. {

3. As a result of the aforesaid conduct on the part of the defen-

- dant herein, Elise A. Caputo has been and will be for an in-I defin'ite time in the future deprived of her father's support, guidance, companionship and society and has been caused to suffer severc emotional distress all to her great detriment

. and loss.

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COUNT IV: CLAIM OF NICOLA M. CAPU'IO

1. The plaintiff Nicola M. Caputo is the daughter of Michael A.

Caputo and is and was at all times material hereto a minor and dependent upon the said Michael A. Caputo not only' fbr support but also in filial needs of guidance and comfort.

2. The plaintiff herein hereby restates and incorporates by reference herein the allegations hereinahove set forth in Count I.

3. As a result of the aforesaid conduct on the part of the defendant herein, Nicola M. Caputc has been and will be V for an indefinate time in the future deprived of her father's support. guidance, companionship and society and has been caused to suffer severe emotional distress all to her great detriment and loss.

COUNT V: CLAIM OF CHRISTINA CAPU'IO

1. The plaintiff Christina Caputo is the daughter of Michael A.

Caputo and is and was at all times material hereto a minor and dependent upon the said Michael A. Caputo not only for l support but also in filial needs of guidance and comfort.

l i 2. The plaintiff herein hereby restates and incorporates by reference herein the allegations hereinabove set forth l

in Count I.

3. As a resu of the aforesaid conduct on the part of the defendant erein, Christina Caputo has been and will be for an indefin te time in the future deprived of her father's

! Vsupport, guidance, companionship and society and has been caused to suffer severe emotional distress all to her great detriment and loss.

COUNT VI: CLAIM OF ANTHONY M. CA PU'IO

1. The plaintiff Anthony M. Caputo is the son of Michael /

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Caputo and is and was at all times material hereto a minor and dependent upon the said Michael A.

Caputo not only for support but also in filial needs of guidance and comfort.

2. The plaintiff herein hereby restates and incorporates" by reference Count 1. herein the allegations hereinabove. set forth in

3. As a result of the aforesaid conduct on the part of the defendant herein, Anthony M.

Caputo has been and will be V for an indefinate support, guidance. time in the future deprived of his father's companionship and society and has been detriment and loss. caused to suffer severe emotional distress all to his great WHER EFOR E, the plaintiffs demand a trial by iu,ry and judgment pCntere7sand compensatory and 'posi~s. and punitive damages

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' of the defendant By their attorney, Chester L. Tennyson ~Jr.

9 Park Street Boston. Massachusetts 02108 (617) 523-2722 O

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COMMONWEALTH OF MASSACHUSETTS Middlesex, ss.

Superior Court Department Of The Trial Court Civil Action No. S'T - )

MICHAEL A.

CAPUTO ET AL . MICHAEL A. CA PUTO'S PLAINTIFFS'

' FIRST SET OF y*  ; INTERROGATORIES TO THE

DEFENDANT BOSTON EDISON COMPANY DEFENDANT ,

1. Please identify the person answering these interrogatories by full name, residential and business addresses and title of position held with the defendant.

2. Please identify by full name and address the person or entity which owned the Nucicar Power Generating Station known as Pilgrim Station in Plymouth, Massachusetts from January 1 1980 throygh January 1,1981.

3. Please describe fully and in complete detail the nature of the 3

V work bein'g performed by emJloyecs of_ Graver _ Energy Systems,

,Inc. in the so_ cal _le.d_ Torus area during February 1980 and state the dates between which employees of the said Graver

- Energy Systems,Inc. were located in said area.

4. Please state the full name and address of the individual and his or her employer who was responsible for reading dosimeters and T.LD badges of the employees of Graver Energy Systems, Inc. from February 8, 1980 through February 25,1980.

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y 5. Please state the readings obtained from the dosimeter and TLD badge of Michael A. Caputo on each occasion that such readings were obtained during 1980 at Pilgrim Station.

6. If any employee of the defendant had any conversation 'with the plaintiff Michael A. Caputo in any way relating to readings obtained from his dosimeter and/TLD badge, please describe each such conversation fully and in complete detai1 stating everything that was said, stating the date, time and place of each such conversation and identifying all speakers, and persons present by full name, address and occupation.

7. Please describe fully and in complete detail all tests and analyses badge wornthatbywere performed Michael A. on the dodimeter and T. L. D.

including in your answer the full name,Caputo on or about Abruary residential and busi-ness address and title of position with the defendant of each person performing each such test or analysis.

8. Please identify by full name, residential and business address, and telephone number all persons who have knowledge of facts in any way relating to the allegations set forth in plaintiffs' complaint to know. and state the substance of what each person claims -

9. Please identify by full name, residential and business address, occupation and qualifications in detail each person the defendant expects to call as an expert witness at the trial of this action; state the subject matter on which each such expert is expected to testify : the s*2bstance of all facts and opinions to which each such expert is expected to testify and a summary of the grounds for each such opinion.

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By his attorney, Chester L . Tennyson,Jr.

9 Park Street

• Boston, Massachusetts 02108 (617) 523-2722

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COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. Superior Court Department Of The Trial Court Civil Action N o. 73-3 MICHAEL A. CAPUTO ET AL :

P LAINTIFFS' ; FIRST REQUEST FOR THE

PRODUCTION OF DOCUMENTS V.

• l BOSTON EDISON COMPANY  :

DEFENDANT  :

Now come the plaintiffs in the above-entitled action and pursuant to M. R. Civ. P. 34 (B) request that the defendant produce for inspection, photocopying, photographing, and recording at the office of Chester L. Tennyson Jr., 9 Park Street, Boston, Massachusetts 02108, within forty-five (45) days of service hereof, the following:

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1. All me', dical reports in any way relating to Michael A.

Caputol l

/ 2. All re6ords in any way relating to the radiation exposure of Michael A. Caputo at any time, including but not limited to exposure evatuations, dosimeter readings, film badge '

. or TLD readings or examinations, exposure tests and re-lated documents.

/ 3. All radiation work permits and related documents with reference to the construction project in the Torus area 0

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being Inc., undertaken by employees of Graver Energy Systems on or about February 8 through 25, 1980. ,

4. All reports, notes and memoranda of the ALARA, Group in any way relating to the Torus area of Pilgrl'm Station .

5.

All plans and diagrams showing the Torus area _ of Pilgrim Station as it existed on February 8, 1980.

6.

All statements of the plaintiff Michael A. Caputo whether such staterr.ents duced to writing, are written or oral and subsequently re-recorded or otherwise transcribed.

V 7 All statements of witnesses in any way relating to the in-cident alleged in plaintiffs' complaint whether such state-aents are written or oral and subsequently reduced to writing ,

recorded or otherwise transcribed.

8.

All statements of all pers.ons who have knowledge of facts discoverable under M.R. Civ. P. 26 in any way relating to the incident ' alleged in plaintiffs' complaint whether such statements are written or oral and subsequently reduced to writing, recorded or otherwise transcribed.

By their attorney, i

Chester L. Tennyson, Jr.

9 Park Street I, Boston, Massachusetts 02108 (617) 523-2722 9

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