ML20154J442

Forwards Complaint Brought by Kj Bubash & L Bubash Against Util & Bartlett Nuclear Co Based on Numerous Allegations of Negligence & Misconduct That Allegedly Resulted from Injury from Exposure to Radiation,Primary from Co-60 on 850210

ML20154J442
Person / Time
Site:	Peach Bottom
Issue date:	05/16/1988
From:	Boehner E AMERICAN NUCLEAR INSURERS
To:	Saltzman J NRC
References
NUDOCS 8805260382
Download: ML20154J442 (13)

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EDWARD H. BOEHNER vk:e mt-com.

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May 16, 1988 SUAT C.PROOM,CPCU p sowv ond owf Ex ame omcw Mr. Jerome Saltzman Assistant Director State and Licensee Relations Office of State Programs U.S. Nuclear Regulatory Commission f1a i l Stop AR5037 Uashington, D.C. 20555 Re: Abstract #131 Kenneth J. and Loretta Bubash vs. Philadolphia Electric Company and Bartlett Nuclear Corporation

Dear tir. Saltzman:

Enclosed is a. copy of the Complaint brought- by the above-named parties as plaintiffs in-the Court of Common Pleas of Philadelphia County, Pennsylvania. The action against Philadelphia Electric and the other defendant includes. numerous allegations of negligence and misconcuct that allegedly resulted in injury because of exposure to rad 2ation, primarily from Cobalt-60 on Fel. aary 10, 1985 According to the investigation which is rather extensive, the plaintiff appears to have knowingly breached basic radiation protection procedures designed for protection of nuclear workers at atomic power plants. Accordingly, this matter is being defended by the law firm of Pepper. Hamilton and Scheetz, to include a defense on a reservation of rights with respect to thost allegations of misconduct for.uhich plaintiffs seek

recovery of punitive damages.

You should be aware tFat the NRC conducted an extensive investigation. In that regard, you can refer to NRC reports 50-277/85-11 and 50-278/85-26 and 28 l Since suit.has just been filed, this case vill nou proceed into discovery, and given the nature of the docket in Philadelphia County, the case would not be expected to be called for trial l

before 3 to 5 years from this date.

Any inquiries concerning this matter may be directed to my

-attention.

V e,r,y. + c y l y your s y ,

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Eduard H. Boehner Vice President. Claims N EB/ mbt INp/

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l SHRAGER, McDAID & LOFTUS BY: Michael S. Bloom IDENTIFICATloN No. 38432 177H FLOOR tr.,HT PENN CENTf n pt Aza 1, 177M $TREET & JOHN F KENNEDY SOULtWARD PHIL ADELPHIA PENNSYLVANea 1b .C3 Qtanbts7771 KENNET!! J. BUBASH and LORETTA BUBASH, his wife, PHILADELPHIA COUNTY COURT OF COMMON PLEAS P1aintiffs, TRIAL DIFISION vs. r FEBRUARY TERM, 1987 PHILADELPHIA ELECTRIC COMPANY and BARTLETT NUCLEAR CORPORATION, Defendants. No. 1401 NOTICE AY150 You have been sued in court. if you wish to Le hon demandodo o usted en la corte. Si defend ogoinst the claims set forth in the follow. usted quiere defencerse de estos demandos ex.

ing pages, you must take action within twenty puestos en los poginas siguientes, usted tiene (20) days offer this complaint and notice ore veinte (20) dios de plazo ci partir de lo fecho de served, by entering a written oppeoronce person. lo demando y lo notificacion. Hoce folto esentor ally or by ottomef and filing in writing with the uno comparencia escrito o en persono o con un court your defenses or objections to the claims coogoco y entregor o lo corte en forma escrito l set forth against vou. You are womed that if sus defensos o sus objeciones o los demandos en you foil to do so the cose may proceed without contro de su persono. Sea ovisooo que si usted you and a judgment may be entered ogoinst you no se defiende, so corte tomoro medidos y puede

by the court without further notice for any money continuer lo demando en contro suyo sin previo l

claimed in the complaint or for any other claim aviso o notificacion. Ademos, lo corte puede or relief requested by the plaintiff. You moy lose decidir o foyor del demandante y requiere que rnoney or property or other rights important to usted cumplo con todos los provisiones de esto you. demando. Usted puede perder dinero o sus YOU SHOULD TAKE THIS PAPER TO YOUR propiedades u otros derechos importantes pero LAWYER AT ONCE. IF YOU DO NOT HAVE usted.

A LAWYER OR CANNOT AFFORD ONE, GO LLEVE ESTA DEMANDA A UN ABOGADO l TO OR TELEPHONE THE OFFICE SET FORTH INMEDIATAMENTE. 51 NO TIENE ABOGADO BELOW TO FIND OUT WHERE YOU CAN GET O Si NO TIENE EL DINERO SUFICIENTE DE LEGAL HELP. PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA l Philocetohic Bot Associcton CUYA DIRECCION SE ENCUENTRA ESCRITA Lawyer Referrot and informaton Semce ABAJO PARA AVERIGUAR DONDE SE PUEDE l CONSEGUIR ASISTENCIA LEGAL One Reoding Center Phibde:ohc. Pennsylvanic 19107 fenephone:(215) 238-1701 Asociocion De Licenccdos De Filooerfic Semcc De Referencia E Informoci6n Lego!

One Read;ng Center l Filocetfio. Pennsytvan a 19107 l

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s SHRAGER, McDAID, LOFTUS & FLUM BY: Micnael S. Bloom IDENTIFICATION NO. 38432 17TH FLOOR. EKlHT PENN CENTER PLAZA 17TH STREET & JOHN F. KENNEDY BOULEVARD PHILADELPHIA, PENNSYLVANIA 19103 (215) 568 7771 KENNETH d. BUBASH and LORETTA H LPHIA COUNTY BUBASH, his wife, COURT OF CO3fAf0N PLEAS

, TRIAL DIVISION. ---

vs.

fFEBRUARY TERAI, 1987 PHILADELPHIA ELECTRIC COMPANY and BARTLETT NUCLEAR CORPORATION, A.o. 1401 Defendants.

PLAINTIFFS' CIVIL ACTION COMPLAINT Plaintiffs, by their attorneys, Shrager, McDaid, Loftus ~

j & Flum, P.C., hereby demande damages of the defendants herein for a sum in excess of twenty thousand dollars ($20,000.00),

exclusive of interest and costs, upon a cause of action whereof l

j the following is a statemen'.:

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1. Plaintiffs are citizens and residents of the State of Arizona, residing therein at 7519 West Glenrosa Road, Phoenix.

2. Defendant Philadelphia Electric Company (herein-after referred to as "PECO"), is a corporation and public utility organized under and existing by virtue of the laws of'the Commonwealth of Pennsylvania with an office and place of business at 23rd and Market Streets, Philadelphia.

3. Defendant Bartlett Nuclear Corporation is a corpor-ation organized under and existing by virtue of the laws of a ,

state other than Pennsylvania with an office and place of busi-ness at 60 Industrial Park Road, Plymouth, Massachusetts.

4. At all times pertinent hereto, the defendant [

PECO was the owner and operator of certain facilities in Delta, Pennsylvania for the production of nuclear power generated ,

electricity and known as the Peach Bottom Atomic Power Station (hereinafter alternatively referred to as "Peach Bottom" or "The Plant"). I

5. At all times pertinent hereto, the defendant Bartlett, through its agents, servants, workmen and employees,-

was acting as a piping replacement contractor at Peach Bottom engaged in assembling and welding replacement pipe in the main recirculatory system.

6. At all times pertinent hereto, the defendants assumed and maintained responsibility for jcb safety at the l

Plant, including assessment of radiological conditions and the i

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specification of radiation exposure controls.

7. At all times pertinent hereto, nuaband-plaintiff was employed by a third party as a weld instructor and weld coordinator for the actual pipe replacement on the above-described job.

S.- On or about February 10, 1985, at or about 8:15 A.M., the husband-plaintiff, in furtherance of his duties as a weld coordinator, entered the Unit 2 containment vessel (drywell) at the Plant for purposes of inspecting certain well joints; while so engaged, husband-plaintiff was exposed to unreasonable unacceptable and dangerous levels of radiation, thereby causing injuries and damages as set forth with nore particularity below.

9. Husband-plaintiff's radiation contamination resulted solely from the negligence, recklessness and outrageous misconduct of the defendants acting as aforesaid, and through their agents, servants, workmen and employees and was caused in no part by any act or failure to act on the part of the i plaintiffs, or either of them.

10. The negligence, recklessness and outrageous misconduct of the defendants included the following:

i (a) Failing to provide protective clothing, i respirators and/or other radiation exposure controls to i

l husband-plaintiff prior to his entry into the drywell and/or valve; (b) Permitting husband plaintiff to enter the drywell and/or valve without protective clothing, respirators and/or I

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, c c other radiation exposure controls; (c) Failing to warn husband-plaintiff of the need for, and advisability of, protective clothing, respirators and/or ,.

other radiation exposure controls prior to his entry into the drywell and/or valver (d) Generating, or permitting to be generated, inade-quate, incomplete, and improper Radiation Work Permits (RWP's) to workers making entry into the drywell, including i

husband-plaintiff; (e) Failing to incorporate entry procedures into specific valves, including Valve 81A, into the appropriate ALARA

• Review Package; (f) Failing to conduct appropriate ALARA Review l

relative to Valve entry; i

(g) Failing to make or cause to make evaluations of the radiation hazard present in Valve 81A prior to entry by husband-plaintiff; e

(h) Failing to properly determine radiation /conta-mination levels existing in or around the valve prior to l husband-plaintiff's entry;  ;

l (i) Failing to take steps necessary to ensure a safe l

radiation / contamination level in and around the valve prior to husband-plaintiff's entry; .

i (j) Failing properly to decontaminate the valves, drywell, and other areas with which husband-plaintiff came in contact, prior to his exposure; t

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(k) Allowing unreasonable and unacceptably high levels of radiation to exist in and around the drywell and valves at the time of entry by husband-plaintiff; (1) Failing to warn husband-plaintiff of the radia-tion / contamination levels then and there existing; (m) Failing to properly and adequetely decontaminate the husband plaintiff after his exposure ',o the radiation; (n) Failing to equip husbana-plaintiff with appro-priate personnel monitoring equipsent; (o) Failing to properly instruct workers and other personnel in proper procedures for personal radiation protection; (p) Understaffing the project then and there existing at Peach Bottom with health physics technicians; (q) Improperly and inadequately hiring and training the health physics technicians and ALARA engineers on the job site; (r) Violating statutes, ordinances, laws, rules, and regulations of the commonwealth of Pennsylvania and the United States relative to nuclear power plant operations in general hnd

! vessel entry in particular; (s) Negligence and recklessness at law.

I 11. TPc conduct of the defendants, acting as afore-said, was grossly negligent, reckless, outrageous and in wanton disregard of the rights of workers working in and around the l Unit 2 drywell, including husband-plaintiff, thereby rendering defendants liable to plaintif.fs for punitive damages.

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12. As a result of the tortious misconduct of the defendants, acting as aforesaid, the husband-plaintiff received massive exposure to radiation, including approximat' " 50% of the raximum permissible organ burden (for the lungs) of cobalt-60.

lie has suffered and will continue to suffer for an indefinite '

time in the future from oncophobia and is at an increased risk of developing cancer later in life as a result of his exposure.

13. As a further result of the radiation exposure aforesaid, the husband-plaintiff suffered great loss and depreci-ation of his earnings and earning capacity and will continue to suffer same for an indefinite time in the future, to his great detriment and loss.

14. As a further result of the radiation exposure aforesaid, th, husband-plaintiff has been unable to attend te his usual daily duties, occupations and labors and will continue to be unable to attend to same for an indefinite time in the future, to his great detrim5nt and loss.

15. As a farther result of the radiation exposure

, aforesaid, the plaintiffs have been obliged to expend various and diverse sums of money for medicines, hospitals, medical treatment and care in and about an effort to monitor for the development of canaer and they will continue to be obliged to expend such sums i

f-r an indefinite time in the future, to their great detrinc-t 7

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16. As a further result of the radiation exposure m  : maid, the husband-plaintiff has suffered severe physical 4

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pain, mental anguish.and torment, all of which shall continue for an indefinite time in the future, to his great detriment snd loss.

17. Ac a further result of the radiation exposure aforesaid, the wife-plaintiff has been fearful of giving birth to more children, out of concern of birth defects resulting from her husband's radiation exposure; she has also been deprived of the services, society, companionship and consortium of her husband and will continue to be so deprived for an indefinite time in the future, to.her great detriment and loss.

WHEREFORE, plaintiffs demand damages of the defendants herein for .1 sum in excess of twenty thousand dollars ,

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($20,000.00), exclusive of interest, costs and damages for prejudgment delay.

SHRAGER, MCDAID, LOFTUS & FLUM, P.C.

l By: D

. Michael S. Bloom Identification No. 38432

Eight Penn Center 17th Floor Philadelphia, PA 19103 I

l (215) 568-7771 ATTORNEYS FOR PLAINTIFFS t

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COMMONUCALTH OF PENNSYLVANIA  : i

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COUNTY OF PHILADELPHIA  : .)

i KENNETH J. BUBASH, being duly sworn according to law, deposes and says that he is the plaintiff in the forogoing. i action; that the attached Civil Action Complaint is based upon information which he has furnished to his counsel and information I which has been gathered by his counsel in preparation of the lawsuit. The language of the Complaint is that of counsel and not of plaintift. Plaintiff has read the Complaint and to tbo extent that it is based upon information which he has given to .

l his counsel, it is true and correct to the bcst of his knowledge, 'l information and belief. To the extent that the contents of the [

Answer are that.of counsel, he has relied upon counsel in making

> this affidavit.

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WV YM Kennetn J. Bu9 ash

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SWORN TO AND SUCSCRIBED l j BEFORE ME THISl W DAY OF g,*mo , 1988. i l

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• C,YNTHIA J.TAYLOP

. .,hotaryPubhc,Phita. PNia.Co. ,

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t CERTITICATE OF SERVICE

.I hereby certify that on this 18th day of April, 1988,  !

a true and correct copy of Plaintiffs' Civil Action Complaint endorsed with Notice to Plead was mailed by United States mail, postage prepaid, from Philadelphia, Pennsylvania to the following entities:

Philadelphia Elect.ric Company 2301 Market Street Philadelphia, PA 19103 Bartlett Nuclear Corporation  ;

60 Industrial Park Road ,

P.O. Box 1800

.Plymmuth, MA 02360 ,

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PliO:Iii t X , Al ATTY-004097 EDWARD D tiCDAID D00001 -PHilsDELPiiI A ELECTRIC CO.

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TsU L E 100 -- RE ADY DATC 02/03/60 02/Od/GT O.;: >i P i:ILIi4G ATTY- 004099 EDWARD D :iCDAID PROT;iY + i l'3 . 5 0 AHOU;4T AT IEGUE tiORt insN k20,000.OO O2/06/07 O3:Oi? PRAECIPC TO ISGUE WRIT FILCD.

WRIT OF SUHiiONS 15GUED.

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(ENTET(ED G2-24-G7 02.26 LEA FRGE) 02/i7/97 03:OOP SERVED PECO

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Gammunmealt) of IJennstj!nania COUNTY OF PHILADELPHIA m:,TTH J. BLTASH and IDPSITA JE7Ji BUB 76H,

• husband and wife, of 7519 West Glenrosa Poad, COURT OF COMMON PLEAS P'rcenix, AZ grg, FEBRU M TERM 19 87 PHIIADELPHIA CIICTRIC COMPIJN, of 23rd & Parket Sts., Phila., PA; and BTRrIIIT NUCIIAR NO. -:/tl CORPOPATION, 60 Industrial Park Pd., P.O Box 1800, P1pnouth, Massachusetts 02360 To (1) PHIIADELPHIA EIICTRIC COMPANY BE"IT NUCLEta CORPOPATION 23rd and Parket Streets 60 Industrial Park Poad ,

Philadelphia, PA P.O. Box 1800 Plymouth, Passachusetts 02360 You are notifwd that the Plaintiff m EETH J. BUBASH and ICRETIA JE741 BU$GH 7519 West Glenrosa Pcad Phoenix, AZ Has (have) commenced an action in W Ag*st youghich-you-are-required;to. defend,oradefault judgtnentmay_be entered against you.

, h.fgg gr@ . ' JOHN J. PETTIT, JR.

Prothonotasy.

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(1) Name(si of letendant(s)

(ts Namen) of Plaintiff tal 543 (Rev.1/8 9)

(3) Fiwm of Action .