ML20070M423

Forwards Legal Documents Re Claim Filed Against Util

ML20070M423
Person / Time
Site:	Pilgrim
Issue date:	01/18/1983
From:	Morisi A BOSTON EDISON CO.
To:	Harold Denton Office of Nuclear Reactor Regulation
References
83-22, NUDOCS 8301250198
Download: ML20070M423 (11)

Text

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BoeTON EDISON COMPANY GENERAL OFF8OES 300 50VLSTON STAEET 50STON. MA35ACHUSETTO O2199 A. V. M O RIst MANAGER NUCLEAR OPERATIONS SUPPORT DEPARTMENT January 18, 1983 BECo. Ltr. #83-22 Mr. Harold R. Denton, Director Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission Washington, D. C. 20555 License No. DPR-35 Docket No. 50-293 Notification of Claim

Dear Mr. Denton:

Pursuant to the requirements of 10 CFR 140.6, this letter serves as notification that a claim has been filed against Boston Edison Company arising out of or in connection with its operation of Pilgrim Nuclear Power Station. A copy of the

! legal documents are attached for your information.

Should there by any questions concerning this notification, please contact us.

t Very truly yours, 1

i

~ 4 8301250198'8301fB $0/

[ PDR 0 ADOCK 05000293 PDR

TO PLAINTIFFS ATTORNEY:yPSE CIRCLE TYPE OF ACTION INVOLVED: -

qOR_L'- MOTOR VEHICLE TORT - CONTRACT -

EQUITABLE RELIEF - OTHER COMMONWEALTH OF MASSACHUSETTS SUPERIOR cot!RT DEPARTMENT

. . . . MI D.D.I.ES EX - OFTHE I* U TRIAL COURT civil ACTION

- No. 83 - 3 A

Michael A.. . Caputo et al.. . Plaintiff (s) 5g

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55 . Boston . Edison.. Company. . Defendant (s) i(

)1 O SUMMONS h:i i/

To the above-named Defendant:

You are hereby summoned and required to sene upon .Chester..L. .Tenoysac .Jr..

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. plaintiffs attorney, whose address is R.yar.k.,St. ,.Bostor),. Mass. 02108 I.: .

.s.

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.an answer to the complaint which is herewith E.

served upon you, within 20 days after senice of this summons upon you, exclusive of the day of senice. lf you fail to do so, judgment b) default will be taken against you for the relief demanded in the complaint. You are also T J Ea.s t. . Cambr.i.d ge required to file your answer to the complaint in the office of the Clerk of this court at I!

I .. either before senice upon plaintiffs attorney or within a

? reasonable time thereafter.

Unless oth:rwise provided by Rule 13(a).your answer must state as a 'counterciaim any claim w hich you may

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have against the plaintiff which arises out of the transaction or occurrence that is the subject matter of the plaintiffs

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_t i g) claim or you will thereafter be barred from making such claim in any other action.

Witness. James P. Lynch, Jr.. Esquire, at ..Eas.t ,,Ca.m.br.i.d.ge , .. , ,, , ,,, ,

the . . . . . . .tih. r d . ... ... .... . . . day of . ...Janu ary,,, ,,, , , ,,,

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

i A true copy Attec

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: County Clerk 6

Notts.

l. Ths summons is asued pursuant to Rule 4 of the Massachusetts Rules of Civil Procedure.

2. When more than one defendant s involved, the names of all defendants should appear in the caption. If a separate summons a used for each defendant. each should be addressed to the parwutar defendant.

COMMONWEALTH OF MASSACHUSETTS Middlesex. ss. Superior Court Department Of The Trial Court Civil Action No.  ?") - 3 MICHAEL A. CAPUTO, l HELENA CAPUTO,  ; -

ELISE A. CAPUTO , PPA.  !

NICOLA M. CAPUTO PPA, CHRISTINA CAPUTO PPA,  :

ANTHONY M. CAPUTO PLAINTIFFS COMPLAINT JURY TRIAL V. DEMANDED BOSTON EDISON COMPANY DEFENDANT

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

2. The plaintiff Helena Caputo is the wife of Michael A. Caputo and resides 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 IIelena Caputo and resides

, in Scituate. Massachusetts county of Plymouth.

4. The plaintiff Nicola M. Caputo is a minor who brings this action through her mother and next friend Helena Caputo and resides in Scituate , Massachusetts county of Plymouth.

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. ,

Massachusetts County of Middlesex.

COUNT I: CLAIM OF MICHAEL A. CAPUTO

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.

2. On or about February 25, 1980 the defendant so negligently, and in willful, wanton and reckless disregard of the safety 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 wuich 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, nuntal anguish and severe emotional distress which the defendant knew or should have known was the likely result of its conduct and the said Michael A. Caputo will continue to suffer same for an inde-finite time in the future all to his great detriment and loss.

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

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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 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.

1 COUNT III: CLAIM OF ELISE A. CAPUTO

1. The plaintiff Elise A. Caputo .s 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 support but also in filial needs of guidance and comfort.

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

definlte time in the future deprived of her father's support, l guidance, companionship and society and has been caused to suffer severe emotional distress all to her great detriment and loss, i

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CLAIM OF NICOLA M.

COUNT IV: 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 for 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

- defendant herein, Nicola M. Caputo has been and will be 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 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 defendant herein, Christina Caputo has been and will be 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 VI: CLAIM OF ANTHONY M. CAPU'IO

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

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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 herein the allegations hereinabove. set forth in Count I.

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

WHER EFOR E, the plaintiffs demand a trial by jury and judgment and compensatory and punitive damages of the d fe endant plus interests and . costs.

By their attorney, Chester L. Tennyson Jr.

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

COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. Superior Court Department Of The Trial Court Civil Action No. S'T - 1 MICHAEL A. CAPUTO ET AL MICHAEL A. CAPUTO'S P LAINTIFFS' { 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 Nuclear Power Generating Station known as Pilgrim Station in Plymouth, Massachusetts from January 1, 1980 through January 1,1981.

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

! work being performed by employees of Graver Energy Systems,

Inc. in the so called Torus area during February 1980 and

! state the dates between which employees of the said Graver i Energy Systems,Inc. were located in said area.

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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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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 detail 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 that were performed on the dosimeter and T. L.D.

badge worn by Michael A. Caputo on or about :%bruary 25,1980 including in your answer the full name, 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 and state the substance of what each person claims to know.

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 substance of all facts and opinions to which each such expert is expected to testify and a summary of the grounds for each such opinion.

By his attorney, Chester L . Tennyson,Jr.

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

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.  :

HOSTON 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:

1. All medical reports in any way relating to Michael A.

Capu to.

2. All records in any way relating to the radiation exposure of Michael A. Caputo at any time, including but not limited to exposure evaluations, dosimeter readings, film hadge

. 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 (T

being undertaken by employees of Graver Energy Systems, Inc., 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 Pilgrim 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 are written or oral and subsequently re-duced to writing, recorded or otherwise transcribed.

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

8. All statements of all persons 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

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statements are written or oral and subsequently reduced to writing, recorded or otherwise transcribed.

By their attorney, Chester L. Tennyson, Jr.

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

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