ML20138H797

Forwards D Kaplan Ltr to N Isokawa Forwarding Summons & Complaint in Akins Vs Smud

ML20138H797
Person / Time
Site:	Rancho Seco
Issue date:	10/09/1985
From:	Nishimura J SACRAMENTO MUNICIPAL UTILITY DISTRICT
To:	Martin J NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION V)
References
NUDOCS 8510290151
Download: ML20138H797 (22)

Text

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)SMUD dip!S SACRAMENTO MUNICIPAL UTILITY DISTRICT O 6201 S Street, P.O. Box 15830. Sacramento CA 95852-1830,(916) 452-3211 AN ELECTRIC SYSTEM SERVING THE HEART OF CALIFORNIA iS35 0CT 10 Pli I: 03 October 9, 1985 againgyup JOHN MARTIN REGIONAL ADMINISTRATOR REGION V 0FFICE OF INSPECTION & ENFORCEMENT U S NUCLEAR REGULATORY COMMISSION 1450 MARIA LANE SUITE 210 WALNUT CREEK CA 94596 Ron Rodriguez has asked me to send you the enclosed copy of Dave Kaplan's letter to Ned Isokawa, with attachments, regarding Akins v. SMUD.

u h u ft - < < - a Jane Nishimura ENC B510290151Ogo0$12 0 PDR ADOCK O PDR O

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'(\ SMUD SACRAMENTO MUNICIPAL UT1UTY DISTHICT O 4201 S Street. P.O. Box 15430. Secremento CA 96413; 1914) 452 3211 l

AN ELECTRIC SYSTEM SERVING THE HEART OF CAllFORNIA October 4, 1985 Ned Isokawa Crosby Heafey Roach & May 1999 Harrison Street Oakland, CA 94612 Re: Akins E SMUD

Dear Ned:

We were today served with summons and complaint in the billion dollar claim. I attach conformed copies.

Sincerely, I

D id S. Kaplan General Counsel Attachment cc Russ Porter Dewey K. K. Lowe Don Martin Deborah Nears Ron Rodriguez Lee Keilman Roger Powers Ed Bradley

cuMMuND t (CITACION JUDICIAL)

' I" NOTICE TO DEFENDANT: (Mso a Acusado) ,

SACRAMENTO MUNICIPAL UTILITIES DISTRICT, o public entity, and DOE I through DOE CCC, r -do/w/rr-um

• nubwiuma.

. M %em l YOU ARE BFING SUED BY PLAINTIFF:

(A Ud le t$td 'dttnandando) 1 W~/

g- 1 flf-l

.SEE ATTACHED LIST j

1 You have 30 CALENDAR DAYS after this sum- Despuis de que le entreguen esta citacida judcid usted mons is served on you to file a typewritten re- tiene un plazo de 30 DIAS CALENDARIOS para presentar i sponse at this court. una respuesta escrita a maquina en esta corte.

A letter or phone car win not protect you; your Una carfa o una #amada teleidnka no le ofrecer4 typewritten response must be in proper legal proteccidn; su respuesta esen'ta a m/ quina tiene que l form if you want the court to hear your case. cumplir con las formalidades legiles apropladas si usted quine que la corfe su casa

. O you do not tile your response on time, you may lose the case, and your wages, money and pro- Si usted no presenta su respuesta a tiemps puede perder i

petty may be taken without further woming from elcass ylepueden quitarsu salaris su dinero y otras cosas the court. de su propoedad sin aviso adicional por parte de la corte.

There are other legal requirements. You may histen otros requisitos Jegales. Puede que usted quiera Ilamar a un abogado inmediatamen'e. Se no conoce a un I war" to can an attorney right away, if you do not k an attomey, pu may csE en attorney refer- abogads puede Hamar a un servicio de referencia de rol service or a legal aid office (5sted in the phone abogados o a una oficina de ayuda legal (we d directorio book). Telefdn{co).

usawuwem er _ air cm.

The name and address of the court is: (El nomfxe y direccion de la corte es) 0806()3 SACRAMEMO COUWY SUPERIOR COURT 720 Ninth Street Sacrcmento, CA 95814 The names addras, and rfa.e number of plantdf s attomey. or plaintiff without en attamey, is:

g dg de teWono del abogado del demandante. o del demandante que no tiene abogads est FRIEDMAN, COLIARD, POSWALL t VIRGA 7750 College Town Drive, Suite 300 Sacrcmento, CA 95826 ,

(916) 381-9011 l V.ANDREWS JOYCE RUSSELL SMITH, Clerk, by Deputy DATE: ww,,w coes esa tree m 'OCT 2 a p5 paAu

@I 1.

TO THE PERSON SERVED: Wu are sorwd

' as an Indiwduel defendant.

2. 2 as the person sued under the fictitious name of tspecify):

3. on behalf of ispeedy):

. I CCP 416.00 (mmerl under: CCP 416.10 (corporation)

[L . CCP 416.40 (association or partnershel CCP 416.20 (defunct corporation) [y CCP 416.70 (conserveteel L_l CCP 416.90 Onenduall lJ other:

4. R by personst derrwry on (deteh

M00F OF SEIMCE - susuununs iMie espames poof e(sendie Asr esse pemen served

e. [ , summone C esepisint C emended misionene [_.omera emendedcourWatet sen e wa.d and ==* cose ausesonnese '

j k en defendent enemen defendent other (nene and awe er sedselene45 to pomos eened:

I o by ser

• e

4. C by desvwyC a home Q et businese m 4==

829 Iline:

43 edd,eee:

o O by meinne M date:

625 piece:

2. Manner of service (check proper tosh e.

h

[ m es,s. By personeer Persons 8 servio n u, desvering or,o,.edcopies. - ICCP ste.,ng 416.100vice

,ert,,orou,i. e. ,ub or y.. .cee+

~" usual office hours, copies in the office of the person served with the person who apparently wee in after first<:dese met, postage F:; M copies to the person served at the piece where the and were left. ICCP 415. Il

c. O subedeuted service en netwel person, minor, eeneervetee, er eend ,

the household or a person apparently in charge of the oh.cs or place of businees, et least 18 yearstoof e9e informed of the generst nature of the papers, and thereafter meiEng (by firstdess mail, postage pr* peed) the person served et the place where the copies were left. ICCP 415.20(bH Mesoch separeas decierealen aseshy acte suded as de a.e.ama c - __ - % As Ast aressipshypereenaf serviseJ Iby first-close me8 or airmat, postage pg"I copies to the person

d. C Med and edc 2:f. c.:-" service. of form notice ackncd: *---T and corne served, together with two 415.30s (Artm4 s eces

". Msceno.1ormo$e./r.: and r , a retum! erw eddrewed to the sender. IC o C Certilled or regletered n:a5 servloe. By maaing to en address outside CeEfomie Iby first-close4me a

requ nne a retum receipo copies to the porstm served. ICCP 415.40) (Attee4abnedreturnwebt eroth elecasef desvery se the person served./

f. Other (specHy code sectionh C additional page le attached.

3. The "Noelce to the Person Served *' lon the summonel woe completed es foGows WICCP 412.30, 415 a, [ es en individual defendent.

se the person sued under the fictitious name of Ispecifyh l h , J c ', , , on behalf o((s,pec#rh C other. l under: L,,, CCP 418.10 lcorporation) L_., CCP 416.00 (minor) l CCP 416.20 idsfunct corporateni J CCP 416.40 or portrweship) O_CCP CCP 416.90416.70$ndividuell leonservatel

d. C by personal deEvery on (dete/:

4. At the time of service I wee et leest 14 years of age and not a party to this st: tion.

S. Fee for service: $ -

e. Person serving:

f.' Nems adc'rees and ^_J f.er.s number end,if appecebis

e. I C 0fomie sheriff, marshal,' or constable 6 .

county of registration and number.

b flogletered Cetfomie process server. ,

or independent contractor of a re,gistered a _,

procese server. g

d. Not a regletered Californie process server.

o l Esempt from registration under Sue. & Prof. Code 22390N.

I certify that the foregoing le true end correct.

of Coefamis that the foregoing le true and correct.

Detec Doest N C _

I MICHAEL AEINS and BETTY ARINS, )

1 ladividually and Guardians ad Liten) for T. G. AEINS and ERIN AKINS, )

minors; JOSEFR AZEVEDO, SR.; JOSEPH) i AZEVEDO, JR.; RALPH AZEVED0; JOHN )

! AZEVEDO, St. and MARI A AZEVEDO )

JORN AZEVEDO, JR. and EIM AZEVEDO, ) NO.

l individually and Guardians ad Litem)t ATTACHMENT TO SUMMONS FOR '

for JOHN AZEVEDO, a minor; ANTHONY ) CLASS ACTION COMPLAINT l )

AZEVEDO and MARLA AZEVED0; RONALD j E. BAILEY and CARMEN D.-BAILEY, )

4 individually and Guardians ad Liten) l

! for JASON BAILEY and JENNIFER )

BAILEY, minors; ANTONIO CABRAL and ) I i

MARY CABRAL, individually and )

l Guardiana ad Litem for ELISE CABRAL) a minor; JOHN W. CHEEK; KENNETH ) i DALLINGER; THOMAS J. DALLINGER; )

l )

i RICHARD DALLINGER and SHANON 1 DALLINGER: LOIS DePONT; MARE DAVIS )

i and SHERYL DAVIS, individually and )

1 Guardians ad Litem of CODY DAVIS, a) minor; RICHARD DONAHUE and SHARON )

DONAHUE, individually and Guardians)

I ad Litem of CHRISTINE DONAHUE and )

TERRY DONAHUE, sinora; RAYMOND .". )

EICHELBERGER and STEPHANIE )

l

EICHELBERGER, individually and )

Guardians ad Litem of SHANA and )

f EENNETE EICHELBERGER, minors; )

r TEDROW GATES and MARILYN GATES, )

l individually and Guardians ad Liten) l of BRIAN GATES, a minor; TERRY )

i GATES; JAMES GATES; JERRY GATES; )

RUDOLF GERBER and JUDY GERBER; )

j ANGEL GERBER; DAVID GERBER; ANNE )

ROSE GROEN, individually and Guard-)

l las ad Litem of DANNY GROEN, a )

minor; JOSEPH GRUBBA and IRENE- )

l GRUBBA, individually and Guardians )

ad Litem of STEVEN GRUBBA and )

i JOANNE GRUBBA, minors; CECIL EDWARD) l HANDLEY, JR.; CHRISTOPHER R. ) -

HORSLEY, individually and Guardian )

ad Litem of CHRIS R. HORSLEY, a )

l minor; JAMES HUFFMAN and JUDY )

1

]

BUFFMAN, individually and Guardians) i ad Litem of LINDSEY HUFFMAN, a )

j minor; JAMES BUFFMAN and BETTY JO )

HUFFMAN; CHRIS HUFFMAN, individually) and Guardian ad Litem of CNRISTIE )

l NUFFMAN and JOSHUA HUFFMAN, minors:)

STAN LANG and ANGELA LANG: CHUCK )

l l

AND EIM LANGLEY, individually and )

Guardians ad Litem of RICHARD )

l

1 i LANGLEY, a minor; STEPHEN and )

EATNRYN LANGLEY: BRIC LORETZ: FRANE)

LORETZ; PATRICIA LORETZ: PATRICIA )

McCUTCHEON

CLYDE MILLER and DEBRA )

MILLER, individually and Guardians )

ad Litem of their minor children; )

RICHARD J. MORA; GARY JOHN CDBERT; )

AGNES O'NEAL; MARVIN PELLANDIMI; ) '

CATBY PELLANDINI; SUZANNE )t PELLANDINI; JOSHUA PELLANDINI; -

)

ROBERT PELLANDINI and SANDRA )

PELLANDINI; ALBERT PELLANDINI, JR. )

and JANET PELLANDINI; ALBERT )

PELLANDINI, St. and MARY PELLANDINI)

JAMES PELLANDINIt ELAINE PILLSBURY,)

Guardian ad Lites of NANCY )

PILLSBURY, a minor; DARRELL RADER; )

BRUCE D. RAPER; )

DALE RAPER and JANE RAPER; BOB REED) and VICKI REED; WAYNE REEDY and )

LORRIE REEDY, individually and )

Guardians ad Litem of COLEMAN REEDY) and TREVOR REEDY minors; SHIRLEY )

ROGERS; ROBERT RUTH and DIANA RUTH,)

individually ad Guardians ad Litem )

of ROBERT RUTH and ERIKA RUTH, )

minora; BRUCE SIEGALKOFF, individ )

ually and Guardian ad Litem of LISA)

SIEGALKOFF and MATTHEW SIEGALKOFF, ) i minors; ROBERT STUTTERS and SARA )

STUTTERS, individually and Guardians) ad Litem of ROBERT STUTTERS, a minor)

DONUIAL SYROCK and NANCY SYROCK, )

individually and Guardians ad Liten) .

of DONALD SYROCK, CORY SYROCK and )

PEBBLES SYROCK, minors; CHARLES ~ TOY) and DEBRA 70Y individually and )

Gaardians ad Litem of CHRISTOPHER )

TOY and J0DY TOY, minors; CONRAD )

WEISKER and PATRICIA WEISKER, )

individually and Guardians ad Litem) of JASON WEISKER, JARED WEISKER and)

KARL WEISKER, minora; SOLON0N )

WINKLER and ANN WINKLER; JACK )

WOOLSTENCROFT and JANET ) -

WOOLSTENCROFT, individually and )

Guardians ad Litem of SHANNON )

WOOLSTENCROFT and JENNIFER )

WOOLSTENCROFT, minors DORINNA ) l YOUNG, individually and Guardian ad)

Lites of CURTIS YOUNG, a minor; )

LARRY WILKINS and LORENZA WILKINS, )

individually and Guardians ad Liten) of ROBERT and CHRISTOPHER WILKINS, )

minors, on behalf of themselves and) all others similarly situated. )

m

ENDORSED 1 FRIEDHAN, COLLARD, POSWALL & VIRGA Professional Corporations 0CT 1985 2 7750 College Town Drive, Suite 300 Sacramento, CA 95826 JOYCE RusSEtt SMITH,CLERE 3 Telephone: (916) 381-9011 By V. AMD'tEWS.Otputy 4 Attorneys for Plaintiff I

5 6

7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNYY OF SACRAMENTO 10 11 HICHAEL AKINS and BETTY AKINS, )

individually and Guardians ad Litem) 12 for T. G. AKINS and ERIN AKINS, )

minors; JOSEPH AZEVEDO, SR.; JOSEPH) 13 AZEVEDO, JR.; RALPH AZEVED0; JOHN )

AZEVEDO, SR. and HARIA AZEVEDO: .)

JOHN AZEVEDO, JR. and KIH AZEVED0', ) NO. 0$50Nb 14 individually and Guardians ad Litem) 15 for JOHN AZEVEDO, a minor; ANTHONY ) CLASS ACTION COMPLAINT AZEVEDO and MARLA AZEVED0; RONALD )

16 E. BAILEY and CARHEN D. BAILEY, )

individually and Guardians ad Litem) 17 for JASON BAILEY and JENNIFER )

BAILEY, minors; ANTONIO CABRAL and )

18 HARY CABRAL, individually and )

Guardians ad Lites for ELISE CABRAL) 19 a minor JOHN W. CHEEK; KENNETH )

DALLINGER; THOMAS J. DALLINGER; )

20 RICHARD DALLINGER and SHANON )

DALLINGER; LOIS DaPONT; HARK DAVIS )

21 and SHERYL DAVIS, individually and )

Cuardians ad Litem of CODY DAVIS, a) 22 minor; RICHARD DONAHUE and SHARON ) -

DONAHUE, individually and Guardians) 23 ad Litem of CHRISTINE DONAHUE and )

TERRY DONAHUE, minors; RAYHOND )

24 EICHELBERGER and STEPHANIE )

EICHELBERGER, individually and )

25 Guardians ad Litem of SHANA and )

KENNETH EICHELBERGER, minors; )

20 TEDR0W GATES and MARILYN GATES, )

individually and Guardians ad Lites) 1 i I

1 of BRIAN GATES, a minor; TERRY )

GATES; JAMES GATES; JERRY GATES; )

2 RUDOLF GERBER and JUDY GERBER; )

ANGEL GERBER; DAVID GERBER; ANNE )

3 ROSE GROEN, individually and Guard-)

lan ad Lites of DANNY GROEN, a )

midor; JOSEPH GRUBBA and IRENE ),

4 GRUBBA, individually and Guardians )'

ad Lites of STEVEN GRUBBA and )

5 JOANNB GRUBBA, minors; CECIL EDWARD) 6 HANDLEY, JR. ; CHRISTOPHER R. )

HORSLEY, individually and Guardian )

7 ad Lites of CHRIS R. HORSLEY, a )

minor; JAMES HUFFMAN and JUDY )

8 HUFFMAN, individually and Guardians) ad Litem of LINDSEY HUFFMAN, a )

minor; JAMES HUFFMAN and BETTY J0 )

9 HUFFMAN; CHRIS HUFFMAN, individually) 10 and Guardian ad Litem of CHRISTIE )

HUFFMAN and JOSHJA HUFFMAN, minors;)

11 STAN LANG and ANGELA LANG: CHUCK )

AND KIH LANGLEY, individually and )

12 Guardians ad Litem of RICHARD )

LANGLEY, a minor; STEPHEN and )

13 KATHRYN LANGLEY; ERIC LORETZ; FRANK)

LORETZ; PATRICIA LORETZ; PATRICIA. )

14 McCUTCHEON; CLYDE MILLER and DEBRA )

HILLER, individually and Guardians )

15 ad Litem of their minor children; )

RICHARD J. MORA; GARY JOHN ODBERT; )

16 AGNES O'NEAL; MARVIN PELLANDINI; )

CATHY PELLANDINI; SUZANNE )

17 PELLANDINI; JOSHUA PELLANDINI; )

ROBERT PELLANDINI and SANDRA )

18 PELLANDINI; ALBERT PELLANDINI, JR. )

and JANET PELLANDINI; ALBERT )

19 pBLLANDINI, SR. and MARY PELLANDINI)

JAMES PELLANDINI; ELAINE PILLSBURY,)

20 Guardian ad Lites of NANCY )

PILLSBURY, a minor; DARRELL RADER; )

21 BRUCE D. RAPER; )

DALE RAPER and JANE RAPER; BOB REED) 22 and VICKI REED; WAYNE REEDY and ) ,

LORRIE REEDY, individually and )

23 Guardians ad Litem of COLEMAN REEDY) and TREVOR REEDY, minors; SHIRLEY )

24 ROGERS; ROBERT RUTH and DIANA RUTH )

individually ad Guardians ad Litem )

25 of ROBERT RUTH and ERIKA RUTH, )

minors; BRUCE SIEGALK0FF, individ- )  ;

26 us117 and Guardian ad Lites of LISA) i SIEGALKOFF and NATTHEW SIEGALIOFF, )

l 2 )

)

l I minors; ROBERT STUTTERS and SARA )

STUTTERS, individually and Guardians) 2 ad Lites of ROBERT STUTTERS, a minor)

DONUIAL SYROCK and NANCY SYROCK, )

3 individually and Guardians ad Lites) I of DONALD SYROCE, CORY SYROCK and ) )

4 PEBBLES SYROCK, minors: CHARLES TOY) and DEBRA TOY, individually and )

5 Guardians ad Litem of CHRISTOPHER )

TOY and J0DY TOY, minors; CONRAD )

6 WEISKER and PATRICIA WEISKER, )

individually and Guardians ad Liten) 7 of JASON WEISKER, JARED WEISKER and) '

KARL WEISKER, minors; SOLOMON )

8 WINKLER and ANN WINKLER; JACK )

WOOLSTENCROFT and JANET )

9 WOOLSTENCROFT, individually and )

Guardians ad Litem of SHANNON )

10 WOOLSTENCROFT and JENNIFER )

WOOLSTENCROFT, minors; DORINNA )

11 YOUNG, individually and Guardian ad)

Lites of CURTIS YOUNG, a minor; )

12 LARRY WILKINS and LORENZA WILKINS, )

individually and Guardians ad Liten) 13 of ROBERT and CHRISTOPHER WILKINS, ) i minors; on behalf of themselves and) 14 all others similarly situated, )

)

15 Plaintiffs, )

Id SACRAMENTO MUNICIPAL UTILITIES )

17 DISTRICT, a public entity, and )

g DOE I through DOE CCC, Defendants. )

39 i Plaintiffs, on behalf of themselves and all others 20 similarly situated, allege 21 22 The true names and capacities, whether individual, 23 24 corporate, associate, or otherwise, of defendants DOE I through >

DOE CCC, are unknown to plaintiffs who therefore sue such 25 26 defendants by such fictitious names, and plaintiffs will amend plaintiffs' complaint to show their true names and capacities

I when the same have been ascertained. Plaintiffs are informed 2 and believe and thereon allege that each of the defendants DOE I 3 throush DOE CCC is responsible in some manner, negligently, in 4 vdrranty, strictly or otherwise, fqy the events an8 happenings 5 herein ref erred to and proximately thereby caused injuries and 6 damages to plaintiffs as herein alleged.

, 7 II 8 The members of plaintiffs' class are ascertainable 9 and are so numerous that joinder of all members is impractical; 10 there is a community of interest in questions of law and fact 11 affecting the class, and the claims of the plaintiffs are 12 typical of the claims of the class, in that:

13 1. Each member of plaintiffs' class was a resident 14 of the State of California at al times involved herein.

15 2. Each member of plaintiffs' class is a resident I0 who lives near the Rancho Seco Nuclear Power Plant (operated by 17 defendant SACRAMENTO MUNICIPAL UTILITIES DISTRICT) and/or an 7

18 adjacent land owner and/or personal property owner near or 19 adjacent thereto, and/or user of the streams, creeks, ponds,

20 etc., adjacent thereto and/or user of the water discharged fron l 21 said Nuclear Power Plant and/or consuner of said animals, fish, 22 wild life, and crops that use the said discharged water,s.

23 3. Each member of the class has been affected in 24 some manner and sustained damage, or will sustain damage in the 25 future, by the radioactive contamination discharged by the 26 Rancho Seco Nuclear Power Plant.

4

1 l

1 4. The names and addresses of all members 2 of plaintiffs' class can be clearly ascertained.

3 5. Plaintiffs are informed and believe, and thereon 4 allege, that the remaining members ,of plaintiffs' class are not 5 aware of their right to sue for damages against said defendaats, ,

6 and each of them.

7 6. Plaintif fs have no interest which conflict with 8 the interests of the remaining members of plaintiffs' class.

9 III 10 Some of the plaintiffs are residents and citizens of 11 the County of Sacramento, and all are f rom the State of 12 California. Plaintiffs are informed and believe and thereon 13 allege that the remaining tuembers of the plaintiffs' class are 14 residents and citizens of the State of California.

15 Iy 0

The following named defendant is a public entity doing 17 business in the State of California:

10 SACRAMENTO MUNICIPAL UTILITIES DISTRICT 19 y Plaintiffs are informed and believe, and thereon allege, that defendants DOE I through DOE C, and each of them, are doing business in the State of California. ,

l VI 24 Whenever in this complaint reference is made to any act of defendants, and each of them, such allegations shall be 26 deemed to mean that the officers, directors, agents, and 1

f

lj 1

I employees of said defendants did or authorized such acts while l 2 actively engaged in the manageoent, direction, control and 3 e= ploy of the affairs of said defendants, and were acting within 4 the course and scope of their employment and agency.

5 y11 6 Plaintiffs are informed and believe, and thereon 7 allege, that each'of the defendants was the agent and employee 8 of each of the remaining defendants, and were at the times 9 herein mentioned acting within the course and scope of said 10 agency and employment, and at the time and place of the events 11 herein mentioned, the defendants, and each of them, were members 12 of, and engaged in a joint or common enterprise. Whenever in 13 this complaint reference is made to any act of said defendants, 14 and each of them, such allegation shall be deemed to mean the 15 act of each defendant, acting individually, jointly, in concert, 16 and severally. f 17 yyyy IO Defendants, and each of them, were negligent in 1

19 causing radioactive contamination by deliberately discharging, 20 under erroneous formula calculations, large quantities of water 21 that contained radioactive materials many times greater than 22 that permitted by the safety standards and guidelines set forth 23 by the United States Nuclear Regulatory Commission; said 24 discharge infiltrated and contaminated the wild life, fish, 25 ponds, animals, water ways, streams and lands adjacent to and 26 within many miles surrounding the said Rancho Seco Nuclear Power l

1

=

\

1 Plants that said discharge of radioactive material has  ;

2 endangered human life, destroyed or contaminated animals, fish, 3 wild life, water ways, streams, ponds, lands and property, and 4 endangered plaintiffs' health, life, safety, well being and 5 property. That the radioactive materials have infiltrated 6 crops, animals, fish, wild life, etc. which have been eaten and 7 used for human consumption by plaintiffs and others similarly 8 situated, thus jeopardizing the health and well being of 9 plaintiffs and all others similarly situated.

10 That the defendants, and each of them, represented om j

Il previous occasions that there would be no discharge of 12 radioactive materials, and that the installation of Rancho Seco l

13 Nuclear Power Plant and its operation thereafter would be done 14 in complete safety and that it whuld e safe to live in the j 15 area; that there would be no discharge into the streams and I0 ponds adjacent thereto, that animals and wild life, fish, land II and property would not be contaminated, and that it would be 18 safe to hunt, fish, grow crops, raise animals, etc. in the area t

! 19 j adjacent thereto, along with irrigating lands with the said i 20 l vater adjacent to said Plant, and that said waters and streams

' 21 In truth and could be utilized for normal recreation uses.

i 22 in fact the area became contaminated and will be so for .

23 many years into the future, due to the negligent actions of the j

24 defendants and the discharge of contaminated radioactive i

25 4

materials from said Nuclear Power Plant as hereinabove and 26 hereinafter set forth, all creating-a harmful and unsafe i

7 l ._

I condition for plaintiffs and all the property, both real and 2 personal, that they own, and all others similarly situated.

3 That defendants have likewise permitted nuclear 4 radioactive leakage at said Plant tp negligently occur into the 5 atmosphere, and the defendants, its agents, employees and warn, and 6 representatives have also failcd to adequately test, 7 take appropriate precautions and protective measures to guard 8 against same, all to the harm and damage of plaintiffs herein, 9 and all others similarly situated.

10 That defendants have deceived the public into 11 believing that conditions are safe surrounding said Rancho Seco 12 Nuclear Power Plant when in fact the levels of radioactivity are animals, fish, and other 13 dangerously high and unsafe for humans,.

14 habitat; that the area around sa d Plant for many miles has 15 become permanently contaminated and dangerous.

10 That plaintiffs are informed and believe and therefore II allege that defendants, and each of them, violated certain laws, 18 statutes, rules, regulations and public policy of the State I' of California, and the Nuclear Regulatory Authority in dealing l

)

with the plaintiffs herein, and other persons similarly j situated. l 22 II ,

l That plaintiffs, and all others similarly situated, 24 either live in the area adjacent to Rancho Seco Nuclear Power 25 Plant and/or own land in said area that has been contaminated by 26 said radioactive discharge and/or own personal property in said 8

~

I area and/or used the streams, creeks, and ponds adjacent thereto 2 and/or consumed anicals, fish, wild life, and crops that used 3 said contaminated waters and/or air adjacent thereto, and 4 represent a cross-section of all thbse people that would be 5 affected now or in the future referable to the actions of the 6 defendants as hereinabove set forth.

7 x 8 That as a proximate result of the said negligence of 9 the defendants, and their conduct as hereinabove set forth, 10 plaintiffs have been hurt and injured in their health, strength 11 and activity, sustaining injury to plaintiffs' bodies and shock 12 and injury to plaintiffs' ner vous system and person, all of 13 which said injuries have caused and continue to cause plaintiffs 14 great mental, emotional, physical and nervous pain and suffering.

15 Plaintiffs are informed and believe and thereon allege that said I0 injuries will result in some permanent disability to the II plaintiffs, all to their general damage in excess of the minimum 18 jurisdiction of this Court for each of said plaintiffs and each 19 member of the class.

20 yy 21 The claim of plaintiffs herein is typical of the 22 clains of all persons within the class of whon plaintiffs are representing. Plaintif f s will fairly and adequately protect 24 the interests of said persons and proof of a common or single 25 set of facts or law will establish the right of each member 26 of the class which has dealt with the defendants, and each of 1

I them, to recover herein. Plaintiffs bring this action on for 2 behalf of themselves and in a representative capacity, 3 and on behalf of all other persons similarly situated as 4 aforesaid.

5 III 6 Plaintif fs f or themselves and on behsif of said class 7 and persons similarly situated, have been required to hire the 8 services of attorneys to prosecute this action, and therefore, 9 attorneys' fees as allowed by the Court are hereby demanded from 10 the recovery herein, or a direct award made therefor.

11 xIII 12 That prior to the filing of the class action complaint 13 herein, plaintiffs first filed a class action claim for personal 14 injuries and property damage vi h the SACRAMENTO MUNICIPAL 15 UTILITIES DISTRICT, a public entity. A copy of said claim is 0 attached hereto, marked Exhibit "A", and incorporated herein by 17 reference along with all allegations contained therein; said 10 clain was rejected by SACRAMENTO MUNICIPAL UTILITIES DISTRICT on

' or about April 5, 1985.

O WHEREFORE, plaintiffs individually and on behalf of all other persons similarly situated, pray for judgment against the defendants, and each of them jointly and severally as ,

23 follows:

24 For general damages in excess of the minimum 1.

25 jurisdictions of this Court for each plaintiff herein and each 26 member of the class; 10

I 2. For costs of suit; 4

2 3. For reasonable attorneys' fees; and 3 4. For such other and further relief as this Court 4 may deem proper.

i 5 DATED: September 27, 1985.

6 F , COLLARD, POSWALL & VIRGA m

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i MORTO M .~FRIEDMEN

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EXHIBIT "A" A O*4C0Ga, v .lg. Q, r -

1 CONRAD WEISKER & PATRICI A VEISKER, individually and Guardians ad 2

Litem for JASON C. WEISKER, JARED W. WEISKER and KARL R. WEISKER, 3 minora; RONALD E. BAILEY and CARMEN D. BAILEY, individually and 4 Guardiana ad Litem for JASON R.

BAILEY and JENNIFER N. BAILEY, t 5

minors; JOSEPH A. GRUBBA and IRENE GRUBBA, individually and Guardians 4 ad Litem f or STEVEN J. GRUBBA and JOANNE J. GRUBBA, minors; CECIL 7

EDWARD HANDLEY, JR.; JOSEPH AZEVEDO, SR. ; JQSEPH AZEVEDO, JR. ;

8 RALPH AZEVED0; ANTHONY AZEVEDO and MARLA AZEVED0; JOHN AZEVEDO, SR.

9 and MARIA AZEVED0; JOHN AZEVEDO, JR.

and KIM AZEVEDO, individually and 10 Guardians ad Litem for JOHN AZEVEDO, minor; ALBERT PELLANDINA, SR. and 11 MARY ELIZABETH PELLANDINA; ALBERT PELLANDINA, JR. and JANET 12 PELLANDINA; JAMES R. PELLANDINA; ROBERT PELLANDINA and SANDRA 13 PELLANDINA; CATHY PELLANDINA; SUZANNE PELLANDINA; MARVIN .,e 14 PELLANDINA; JOSHUA PELLANDINA; DARRELL RADER; ERIC LORETZ, FRANK 15 LORETZ and PATRICIA LORETZ; on behalf of themselves and al.1 others 16 similarly situated, CLASS ACTION CLAIM FOR PERSONAL INJURIES 17 Claimants, AND PROPERTY DAMAGES 18 vs. t 19 SACRAMENTO MUNICIPAL UTILITIES DISTRICT, a public entity, 20 /

4 21 TO: SACRAMENTO MUNICIPAL UTILITIES DISTRICT 22 CONRAD WEISIER and PATRICIA WEISKER, individbally and 23 as Guardians ad Liten of JASON C. WEISKER, JARED W. WEISIER and KARL E. WEISKER, minors; RONALD E. BAILEY and CARMEN D. BAILEY, 25 individually and as Guardians ad Litem of JASON R. BAILEY and JENNIFER M. BAILEY; JOSEPH A. GRUBBA and IRENE GRUBBA, 1

individually and as Guardians ad Litem of STEVEN J. CRUBBA AND JOANNE J. GRUBBA; CECIL ED*JARD HANDLEY, JR.; JOSEPH AZEVEDO, SR.; JOSEPH AZEVEDO, JR.; RALPH AZEVED0; ANTHONY AZEVEDO and MARLA AZEVED0; JOHN AZEVEDO, SR. and MARLA AZEVED0; JOHN 5 AZEVEDO, JR. and KIM AZEVEDO, ind vidually and as Guardians ad 0 Litem of JOHN AZEVEDO, minor; ALBERT PELLANDINA, SR. and MARY ELIZABETH PELLANDINA; ALBERT PELLANDINA, JR. and JANET 0 PELLANDINA; JAMES R. PELLANDINA; ROBERT PELLANDINA and SANDRA l I PELLANDINA; CATHY PELLANDINA; SUZANNE PELLANDINA; MARVIN O

PELLANDINA; JOSHUA PELLANDINA; DARRELL RADER; ERIC LORETZ, FRANK LORETZ and PATRICIA LORETZ; on behalf of themselves and all 12 others similarly situated, and af fected, hereby make claims for 13 personal injury (physical as well as emotional), and property 14 damage (both real and persorial)', which they sustained and will

. 15 sustain as a result of the actions of SACRAMENTO HUNICIPAL UTILITIES DISTRICT, as herein set forth.

17 7

18 That claimants listed above are all residents who live 19 near the Rancho Seco Nuclear Power Plant (being operated by 20 SMUD) and/or own land and/or personal property near or adjacent 21 i thereto. That the other claimants herein are part of the class 22 of persons who are similarly adversely af fected by the actions 23 of SACRAMENTO MUNICIPAL UTILITIES DISTRICT, its agents, 24 employees, and/or representatives and who are or will be 25 members of the class action suit that will be filed in 26

Sacramento County Superior Court, and who live near or adjacent 2

I to the Rancho Seco Nuclear Power Plant and/or own land or 2 personal property adjacent thereto.

3 II 4 That claimants herein are filing a claim on their ows 9 5 behalf and on behalf of all other persons similarly situated 6 and affected and who wi,11 be parties to a class action lawsuit I that will be filed with the Sacramento County Superior Court.

8 That all members of said class have had or will have personal 9 injuries (physical as well as emotional) and/or property damage' 10 (real and personal), occurring to them due to the circumstances 11 set forth herein. The named claimants herein are representative 12 of the class of claimants on whose behalf they are likewise acting in this class action cl,ain.

III 15 That the post office address to which claimants desire 16 all correspondence and notices in this matter to be sent is the 17 address of claimants' attorneys in this matter, FRIEDMAN, COLLARD, POSWALL & VIRGA, 7750 College Town Drive, Suite 300, 19 95826.

Sacramento, California IV 21 That on or about March 1, 1985, claimants learned the following:

(a) That SACRAMENTO MUNICIPAL UTILITIES DISTRICT 24 was negligent in causing radioactive contamination by l 1

25 deliberately discharging, under an erroneous formula l 26 calculation, large quantities of water that contained 1

. 3

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I radioactive materials many times greater than permitted by the 2

safety standards and guidelines set up by the United S'tatea 3

Nuclear Regulatory Commission; said discharge of radioactive  ;

material was so great that it has infiltrated and contaminated 1 5 water and land areas adjacent and the wild life, fish, pond.s 6

within many miles around'the Rancho Seco Nuclear Facility, 7

endangering human life, destroying or contaminating animals, 8

fish, wild life, lands and property, endangering claimants' .

9 health, life, safety and well being; creating radioactivity in 10 animals and fish which have been eaten and used for human 11 consumption by claimants and others similarly situated, thus 12 jeopardizing the health and well being of claimants and all 13 other people similarly situateddin the general area of said 14 Nuclear Power Plant (Rancho Seco).

15 (b) That nuclear radioactive leakage at said plant 16 has also occurred, and SACRAMENTO MUNICIPAL UTILITIES DISTRICT, 17 its agents, employees and/or representatives have failed to 18 adequately test, warn and take appropriate precautions and 19 protective measures to guard against same. l 20 (c) That SACRAMENTO MUNICIPAL UTILITIES DISTRICT has 21 deceived the public into believing that things are safe 22 surrounding said Nuclear Power Plant when in fact the levels of 23 radioactivity are dangerously high and unsafe for humans, 24 animals, fish and other habitat, and that the area around said 25 Plant for miles has become permanently contaminated and 26 dangerous. -

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That as a direct and proximate result of the 3

negligence, carelessness and disregard by SACRAMENTO MUNICIPAL 4 5 UTILITIES DISTRICT, its agents, employees and/or 5

representatives as hereinabove set forth, claimants herein and 6

other persons similarly situated have suffered, and will in 7 and the future suffer, personal injuries, emotional injuries, 8

real and personal property damage, all to their general damage 9 f in the sum of One Billion ($1,000,000,000) Dollars to 10 claimants herein and all other persons so similarly situated.

11 WHEREFORE, claimants request that SACRAMENTO HUNICIPAL 12 UTILITIES DISTRICT approve the aoount specified hereinabove for 13 themselves and for all other clai'mants similarly situated.

14 DATED: March 15, 1985.

15 FRIEDHAN, COLLARD, POSWALL & VIRGA g, N s-18 .MORTON L. FRIEDMIM- '"

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