Friday, November 23, 2007

Marilyn Elie of IPSEC Worried About FUSE USA Fallout?

From the little bird department...it seems that Marilyn Elie is worried about the possible negative fall out surrounding the departure of Susan Shapiro from the FUSE USA board of directors. Apparently, she feels Sherwood (that would be me) has opened up another battle front by going so PUBLIC about the FUSE USA break-up. She is worried about what might happen when Entergy gets hold of this information.

For starters, Marilyn Elie can quit worrying, as Entergy already knows, which is verified in Entergy's Thanksgiving Eve Motion To Strike wherein they note the resignation from FUSE USA of Susan Shapiro. First, lets look at the meat of the motion:

As discussed below, FUSE has repeatedly flouted the Commission's Rules of Practice as well as explicit directions by the presiding Atomic Safety and Licensing Board regarding, among other things, service of its Petitions.

Hysterical accusation coming from a company with as many EXEMPTIONS from the rules as Entergy has. Now, FUSE USA obviously disagrees with Entergy's assessments of the situation, but moving on, let us see what these attorneys have to say about Susan Shapiro:

Footnote 6

It is reasonable to have expected that Ms. Shapiro, as an attorney, would have mindful of these very elemental requirements without the need for a reminder by the board.

OUCH...talk about a sucker punch from her own colleagues! FUSE USA is in the process of correcting these issues, and will be providing adequate service to Entergy as relates to our "Non-Susan Shapiro" Petition filed in November. It is noted here in defense of Susan Shapiro, that the Federal Registry Notice is at best cloudy on the issue of "Service" stating that Petitions should provide Entergy with a copy of their filings.

As to Marilyn Elie's advice that I should remain mute should a news reporter call for a comment, she can rest assured that FUSE USA just today spoke with a reporter, though not directly related to her areas of concern. Marilyn apparently wants it to appear, that everyone is on the same game page when it comes to shutting down Indian Point.

Now, what I find amazing, is Marilyn's announcement on the IPSEC list about a slew of filings they are intending on filing with the NRC this week. Considering her private email to me last month wherein she stated IPSEC would not be filing any contentions, curious where this major change came from, and how they are planning to hit the ground running now on be a player in this game? Could it be, that they are taking FUSE USA work product, the work product of Sherwood Martinelli, and redrafting it as their own? If so, do they plan on giving CREDIT WHERE CREDIT is due? Have they obtained a release of any kind from FUSE USA for work product created by FUSE USA in preparing their contentions? Inquiring Minds want to know.

No comments: