Saturday, December 8, 2007

Odd Coincidence, or Strange Truth?

OK, we all know there are some rather odd coincidences in life. However, some are odder than others, and some turn out to be strange truths. Imagine the coincidence of finding someone with the exact same name as Judge Lawrence G. McDade of Atomic Safety and Licensing Board fame out on the internet. Even odder, this identical namesake individual happens to be involved in the rather SHADY business of horse racing! You know, gambling, doping, and tracks begging for on site slots. Could you imagine how strange the truth would be if Lawrence G. McDade of the horse racing world were to be one and the same with Lawrence G. McDade of the Atomic Safety and Licensing Board, formerly with the Department of Justice? We may never know if they are horses of a different color, but does make for some interesting speculation.

Fifth - Purse $26,000, Allowance, 3 yo's & up, Five And A Half Furlongs
1 Angel I B Rodriguez E. $22.00 $10.40 $7.00
6 What Time It Is Caraballo J. $13.20 $9.20
8 Mac N Mayo Castellano, Jr. A. $16.00
Time: 1:03.58
Exacta (1-6), $354.40; Superfecta (1-6-ALL-ALL), $175.60; Trifecta (1-6-8), $12,398.80; Pic 3 (9/10-1-1), $431.00
Owner: Jean B. Morris Trainer: Begley, Melissa Breeder: Rose Burns McDade & Lawrence G. McDade
Late Scratches: Sweet and Wild, Bonnie's Glow, Dancer's Call, All American Miz,
Also Ran: Freakazoid, Pure Fantasy, Annis, Soooz, Intriguing Story, Thunder Mount, Enjoyable, Small Potatoes, Princess Taormina

25 Years After Graduating Law School, Lawrence McDade Glorified Bill Collector?

Searching the internet on our Dear Mr. McDade of Atomic Safety and Licensing Board fame, found this interesting letter he penned, which begs the question, "25 years after graduation from Boston College with a degree in law, was Mr. McDade acting as nothing more than a glorified BILL COLLECTOR for the United States government?

Re: Halsey Drug Company

Dear Mr. Fleder:

As you know, Halsey Drug Company (Halsey) has not made any payment in the settlement of the criminal fine that was imposed on it by the United States District Court for the District of Maryland since May 1996. Payment of the fine has thus been long delinquent and the United State could, at this time, declare the fine to be in default and initiate a collection action for the full amount of the fine that remains unpaid, $2.15 million, and additional monetary penalties pursuant to 18 U.S.C. Section 3612.

Rather than initiate such action at this time, I propose the following alternatives. The first alternative is that Halsey pay the full amount now due, $2.15 million, by May 1, 1998, in full satisfaction of the fine. If Halsey is not able to make such payment by that date, I suggest that, pursuant to 18 U.S.C. Section 3614, we jointly move the Court to modify the original sentence
that was imposed on July 23, 1993.

The sentence imposed by the Court included a fine of $2,500,000, but provided that it be payable pursuant to the following schedule: $125,000 was to be paid within 60 days of sentencing and an additional $125,000 was to be paid every 90 days thereafter until the fine was paid in full. The interest requirement was waived.

In light of its current financial circumstances I propose that both Halsey and the United States ask the Court to modify the sentence to allow for the following payment schedule and to provide the additional conditions set forth below.

1. Interest shall accrue on all outstanding balances at the rate calculated pursuant to 28 U.S.C. Section 1961, from the date on which the Court modifies the fine payment schedule until the fine and all accrued interest and penalty is paid in full.

2. Halsey shall, beginning on May 1, 1998, cause a check drawn in the amount of twenty-five thousand dollars ($25,000), plus all accrued interest, to be made payable to the Clerk of the United States District Court every month. These monthly payments, via certified check, shall continue thereafter and be sent by Halsey so as to be received by the Clerk of the U.S. District Court for the District of Maryland in Baltimore, by the 7th day of each month. These monthly payments shall continue until Halsey has paid off all of its financial obligations to the United States which have arisen from this case. (When the 7th of any month falls on Saturday, Sunday or a Holiday, the payments shall be sent so that they are received by the Clerk of Court in Baltimore no later than the first business day after the 7th of the month).

3. Until such time as this fine, including all applicable interest and penalties (the debt) is paid in full the United States shall have full access to all financial records of Halsey. All financial information requested by the Court or the United States shall be provided promptly.

4. Until such time as this debt is paid in full Halsey shall not in any calendar year pay (or obligate itself to pay) to any individual (or on behalf of any individual) more than $150,000 without the prior written consent of the United States or an order of the U.S. District Court for the District of Maryland. The United States may withhold this consent only if it concludes that these payments are inconsistent with salaries generally paid for similar positions in the pharmaceutical industry in the New York City area and such payments would inhibit Halsey's ability to pay its debt to the United States as outlined in this agreement. Halsey shall provide all information that the United States requests in order for it to make these determinations. Halsey, however, considers the information which it provides about the compensation paid its employee to be exempt from disclosure under the Freedom of Information Act. If the United States has not responded to Halsey's request within 30 days, or if Halsey believes that the United States has inappropriately withheld its consent, Halsey may petition the District Court for authorization to pay the salary and or any other compensation which its management considers appropriate. In any petition to the District Court, Halsey will bear the burden of proof that its proposed compensation is reasonable and appropriate.

5. Until such time as this debt is paid in full, if Halsey earns an after tax profit in any calendar year, as determined by generally accepted accounting principles, a sum equal to the lesser of the remaining debt or 25% of that profit shall, within 90 days of the close of the fiscal year, be paid to the United States in further payment of the principal on this fine.

6. Until such time as this debt is paid in full, if Halsey sells any capital asset (or group of assets) for a sum in excess of $10,000 it shall either invest the entire sum in another capital asset, or within 90 days pay a sum equal to the lesser of the remaining debt or 25% of the proceeds of that sale to the United States in further payment of the principal on this fine.

7. If this proposal is accepted by the Court and Halsey makes all payments as specified in this proposal, and pays on time and in full the fine and all interest that may have accrued thereon, at that time, the Government will waive any penalty that could be assessed pursuant to 18 U.S.C. Section 3612(g). If at any time after a modified sentencing order is entered, Halsey does not make the required payments in a timely fashion, the United States will be free to declare that the fine is delinquent and/or in default, and exercise all legal process to immediately collect the full amount of the fine, interest and applicable penalties.

This proposal is made subject to the approval of the U.S. Attorney for the District of Maryland and the U.S. District Court. If for any reason such approval is not forthcoming, both the United States and Halsey retain all rights and obligations that now exist.

I have submitted this proposal to the U.S. Attorney for approval, and I ask that you promptly submit this proposal to your client for its approval.


/s/ Lawrence G. McDade

Lawrence G. McDade
Deputy Director
Office of Consumer Litigation
U.S. Department of Justice
1331 Pennsylvania Avenue, N.W.

Suite 950 North
Washington, D.C. 20004
(202) 307-0138

Editorial opinion-Life Long Civil Service Lackey Lawrence G. McDade

Looking at the Hitler Like, dictatorial rulings coming out of the Atomic Safety and Licensing Board as relates to the Entergy License Renewal, it seemed only appropriate to see who was running the show, get a better grasp on the SUPER EGO of the man that sees himself as GOD of the Board if you will. So, we started looking into Judge Lawrence G. McDade, and lots of things are beginning to make sense. His life path paints a picture of a man who places adherence to the rules and regulations as he sees and/or interprets them important above all else, his military experience giving him a false belief that he is ENTITLED to respect by mere virtue of who he is, and what he represents...WRONG.

The man, from what we can see, has been sucking on the teat of the American Tax Payer his entire adult life as he has honed his radical right wing Catholic Brand of military style justice, content in his safe little protected civil service ivory tower, playing the part of someone important when in fact he is not. He has his gavel, perhaps even his gowns, but it seems obvious he has little heart, and no idea what JUSTICE really stands for in America. To him, as a long term civil servant, it is all about the rules, all about the bureaucracy. Being a judge is supposed to be about JUSTICE, correcting wrongs, and when necessary deciding that certain rules and regulations as written are unconstitutional, and handing out justice means setting them aside. NOT OUR DEAR MR. McDADE, he's a law and order guy all the way.

His entire adult life screams of a soul that MUST HAVE ORDER above all else, rules of law and life (as defined by his Catholic God?) far more important to him than originality, fairness or justice. It would not be a surprise to find out his nickname is Nilla Wafer, or Mr. Vanilla. Cross your T's, dot your I's and say three Holy Mary's before bed because that is God's plan. Look in the dictionary under the word boring, and it would not be surprising to find a picture of our dear Mr. McDade.

He graduated from a Jesuit College, not once but has to wonder just what his affinity was in spending so much of his early life around members of the Catholic Priesthood.

From there, perhaps afraid of the real world, or perhaps unsure that he had the metal to go out and build a REAL LEGAL CAREER, he went into the Army...or perhaps, that was his plan all along, his college bill paid for by the America Tax Payer compliments of some ROTC program that he wrapped his arms around, while at the same time choosing a military career path that would keep him OUT OF HARMS WAY...the old COLLEGE DEFERMENT ploy to avoid the draft and being sent off to Vietnam? As church lady would say, "How Convenient" though we are speculating here, as there is not a lot of information easily gleaned on our dear Mr. McDade which leaves us only speculation. He seems to have been a part of the great gray mass, moving through life without much note of distinction, his name barely mentioned in a few unimportant legal cases found online. Just another civil service lackey content to have a government paycheck arriving in his hand every other week.

Once out of the Army, he became a DOUBLE DIPPER, taking a job with the Department of Justice while also serving as a Judge in the Army Reserves. In short, it appears this man has been paid with our taxes his ENTIRE ADULT LIFE, never held a job out in the real world, the perfect example of the American Peter Principal in action, a civil servant climbing up the ladder of government until he reaches his own personal level of incompetence. Now, as a Judge on the Atomic Safety and Licensing Board, reaching the zenith of his incompetence he believes he has the right to DEMAND RESPECT, and the authority to play God from the bench in a quasi legal action by throwing a stakeholder out of the process for stating what they percieve to be and absolute truth. That the board is a rubber stamp, the process biased, the board members Pro Industry Pricks.

We are sure he RUNS A TIGHT SHIP, those who follow the rules, and give him the level of respect he thinks he deserves always coming out on top when he hands down his decision from on high...can we have a HALLELUJAH and Thank You Jesus from the Entergy Crowd? Wonder if any one has ever told the man that an organized garage is the sign of a sick mind? After all, what kind of a sick soul places his own ego, and self perceived respect for his position on the court ahead of Public Health and Safety?
OH MY GOD, a citizen, a stakeholder living three miles from Indian Point called me a name, I WANT AN APOLOGY RIGHT NOW, or I want him out of the process. Talk about being a Mommy's Boy! Such action leads one to believe he as a child would take his ball home if other children would not interact on his terms. We here at GNB are sure his Mom is quite pleased with Mr. McDade and his perfect little Catholic life. Couple all this with the fact that the Engineers involved in the process tend to dismiss anything from any one that cannot speak to them in their language, and it becomes easy to understand how the Atomic Safety and Licensing Board can look at 49 License Renewal Applications and GRANT EVERY SINGLE ONE.

Friday, December 7, 2007

a soldier for the dark side of the force!

Our friend and colleague, John LeKay, artist and activist on behalf of Native American issues, on the advisory board of FUSE USA, just released a video interview with Benny Zable, Australian anti-nuclear performance artist, and myself, shot one day this August.
If I look worn, tired, drained, a walking corpse, it's because I was horrifyingly sick that day... It had been a great effort for me to drive to Peekskill to participate in this action with Benny. I've been suffering from chronic Lyme disease since 1984, many in the pro-nuclear camp will be glad to hear. So if people wonder sometimes why I get so stiff, so useless, it's because the pain just becomes intolerable.
Another friend of ours, Jon Nowinski, also on the advisory board of FUSE USA, has done considerable research on the provenance of Lyme disease, which we are now certain came from Plum Island off the coast of Connecticut. I urge you to read his research. This is another facility which desperatly needs to get shut down before it takes us all along with it!
Yesterday, I attended the lecture given by Andrew Shapiro at Yale (why does the last name Shapiro come up so often in the context of my life?) who founded GreenOrder with monies from Wetlands, the environmental nightclub I helped put together in New York with Larry Bloch. But Andrew never asked me to join the board of advisors. Instead, he used his ivy league pedigree to court and greenwash major corporations, like GE.
In the late 60's GE developed a state of the art electric car. Ralph Nader was involved in the project. But GE decided not to pursue the idea because they didn't want to go into competition with their number one customer, GM.
Today, while GE used the EcoMagination campaign GreenOrder developed for them to sell a few solar panels and wind turbines, it's getting ready to put hundreds of nuclear reactors at sea for an ALL nuclear Navy.
GE brings good things to life... I remember taking the ride through the GE pavillion during the 1964 World's Fair in Queens... It never left me... this complete disconnect between nature and technology. I live in Fairfield County. I've met many GE executives... they have not changed. They're all stuck in a 1950's time warp, in the way they think, they dress and view the world. Anyone who still doesn't understand the relationship GE has with this country, should read Gravity's Rainbow.
I guess Andrew should be commended for the little GreenOrder accomplished at GE, but to me, that's just perpetuating the misery, giving GE another lease on life, so the bulk of the atrocities they wreck on this Earth continue unimpeded.
Sorry, Andrew... but you're just a foot soldier for the dark side of the force, a Palm Beach socialite, no matter how many coats of green paint you schlack on their facade! And you used Wetlands to get rich doing it, without putting anything back!

Thursday, December 6, 2007

Jim Steet's Plays Duck and Run on WVOX Radio

Today at HIGH NOON Jim Steets appeared on WVOX. The first interesting event was the Pro-Entergy propaganda commercial that ran on WVOX before the show aired. Jim Steets commentary was fairly simple to follow, and went something like this, "Lie, lie, twisted fact, lie, I just don't know, lie." It was not until the very end of Mr. Steets time on the show that some fire works flew. It is no wonder he has been nominated for a BAA.

Enter our own Sherwood Martinelli, director of FUSE USA and his hard hitting questions that once again Jim Steets ducked before running out of the WVOX studio.

The questions...notes on Mr. Steets Duck and Run answers provided below them in red.

Entergy in their Environmental Report states twice that Indian Point is LEAK FREE. Yet we know there are numerous leaks. Most pointedly, earlier this fall a leak was discovered which you, Jim Steets stated the leak was a small hairline conduit leak. In fact, the leak based on a review of plant drawings is believed to be a leak in the fuel transfer canal. How do you reconcile the claim in your License Renewal Application that the plant is leak free with all the known leaks at the plant?

Mr Steets failed to address the basic question. How does Entergy reconcile their claim in the License Renewal Application that Indian Point is leak free with all the known and unknown leaks on the site? Furthermore, he quietly ALL BUT ADMITTED there is a leak in the Fuel Transfer Canal. Lastly, he trotted out the patented pin hole and hairline crack descriptors. The Spent Fuel Pool hairline crack (we have a photo) is over NINE FEET LONG.

Entergy in their application claims there are no refurbishment issue envisioned for the plant for the period of License Renewal, or in anticipation of license renewal. Yet, Entergy has new reactor vessel heads on order with scheduled installation for 2011 and 2012. Why has Entergy omitted this and other significant refurbishments from the Environmental Report?

He tried to duck this one, but again all but admitted there are plans afoot to replace the Reactor Vessel Heads at Indian Green Nuclear Butterfly and FUSE USA knew they would, Jim Steets tried to portray the Reactor Vessel Head replacements NOT AS REFURBISHMENT, but as a SIMPLE PART REPLACEMENT. Trust us folks, this is the largest REFURBISHMENT there is, and there is a reason they do not want it in the Environmental Report during License Renewal.

The NRC has admitted that in a fast breaking emergency or terrorist attack at Indian Point, the Emergency Plan will not work, and citizen would be ordered to shelter in place. Why has Jim Steets refused to answer the question, how long would it be before citizens started feeling the effects of Hypothermia if we were ordered Sheltered in Place during a winter snow storm.

Again, Jim Steets, after trying to paint the scenario as unrealistic refused to ANSWER THE QUESTION on the effects of Hypothermia. Worse, he tried to paint a picture that they want us SHELTERED IN PLACE in OUR NICE WARM HOMES. Look at the Emergency Plan folks! If ordered to Shelter in Place, we are told to TURN OFF OUR FURNACES, and TO SHUT ALL FLUES AND DAMPERS.

Lastly...why has Entergy refused to make publicly available their off site environmental monitoring test results.

Unfortunately, we got cut off before we could get this question asked, so Jim Steets got a pass on it.

French nuclear waste being stored in the U.S.?

via CleanTech
(courtesy Lascelles Linton at Hugg)

December 5, 2007

A prominent researcher shared a nuclear secret today that he said not even everyone in the U.S. Department of Energy knows. Is the U.S., in fact, storing a large amount of nuclear waste produced by France's nuclear reactors?

That was the suggestion in a keynote today at the ThinkEquity ThinkGreen conference in San Francisco by Dr. Yogi Goswami, former President of the International Solar Energy Society, and prolific author and University of Florida professor.

"One small bit of information that most people don’t know, even in our Department of Energy: a large majority of the nuclear waste from France is actually shipped to the U.S.," Goswami said.

"It’s stored in South Carolina. That’s because when initially the French started building nuclear reactors, the U.S. was suspicious of the French, and said ‘hey, you don’t need to keep that nuclear waste over there, we’ll store it for you.’"

"So there’s a contractual relationship that all of that waste comes to the U.S. and is stored in the Savannah River Laboratory, which is the U.S. Department of Energy lab for nuclear waste," he said.

Goswami was speaking on the necessity of reprocessing spent nuclear fuel, given that "at 2 percent growth per year, all known nuclear fuel resources will be exhausted in 2030-2037."

While some nuclear proponents maintain the world actually has 2,500 years worth of nuclear material, Goswami says the assertion is flawed, true only "if we are willing to distill the whole sea. Because seawater contains uranium at the level of three parts per billion. But I doubt anybody will be making the economic decision to process uranium from seawater."

The only solution for keeping nuclear plants in commission is to reprocess spent fuel, Goswami said, in order to extend the nuclear power industry's lifespan. But reprocessing is illegal today in the U.S.

"And the U.S. does not allow any other countries that is suspects will make nuclear weapons out of it to reprocess that uranium," noted Goswami.

The academic acknowledged he was accustomed to speaking mostly at scientific and research gatherings.

"This is the first time I'm speaking with people with a financial background," he told a group of several hundred investors.

Wednesday, December 5, 2007

'Worst EU Greenwash' Goes To German Nuclear Forum

As the Green Nuclear Butterfly gets closer to awarding our first BAA's to various and nefarious folks in the Nuclear Industry, we thought we would share a story just in from Europe where the German Nuclear Forum won the top Greenwashing award...wonder if NEI is funding them in some fashion? You still have 21 days to nominate people for a BAA, so get your nuclear nominations in by emailing today. Leading the nominations so far are NEI, NEI Nuclear Blog, NRC, Atomic Safety and Licensing Board, Rod Adams, Exelon, Entergy, Neil Sheehan, Sam Collins and Jim Steets. Surprised no one has nominated Mr. Williams up at Vermont Yankee, or Indian Point.

German car trio and nuclear lobby shamed at 'Worst EU lobbying' awards 2007

December 2007, EU Business

BMW, Daimler and Porsche win public vote for "Worst EU Lobbying Award" and German Atomic Forum receives prize for "Worst EU Greenwash".

German car manufacturers BMW, Daimler and Porsche were disgraced today when they were named winners of a public poll for the 'Worst EU Lobbying' Award 2007. The German Atomic Forum was also named and shamed with a special prize for 'Worst EU Greenwash' at a ceremony in Brussels hosted by the award organisers Corporate Europe Observatory, Friends of the Earth Europe, LobbyControl and SpinWatch.

BMW, Daimler and Porsche - nominated together in the worst EU lobbying category - gained more than 30 per cent of the vote. Their joint lobbying offensive designed to water-down and delay the mandatory CO2 emission reduction targets proposed by the Commission after voluntary targets were not met was deemed to be the worst and most deceptive by voters across Europe.

Read The Full Article...

Deadline For Filing Fast Approaching

Just in from FUSE USA...

Wednesday, December 5, 2007

Deadline For Filing Contentions Fast Approaching

Contrary to the reports in the newspaper, citizens still have five days left to Intervene in the License Renewal process for Indian Point. It is promising to be quite the party, as the State Attorney General weighed in on Monday strongly supporting the closure of the plant. Most of the key players have weighed in, so it is doubtful that there will be any major surprises, as everyone knows PHASE (Susan Shapiro's new organization) will coming running into the fray at the very last minute, basically filing a rehash of everything that FUSE USA has already filed.

Meanwhile, we have Entergy and the Atomic Safety and Licensing Board doing everything in their power to keep FUSE USA, and more specifically Sherwood Martinelli from having a seat at the table. The latest from their bag of tricks, is to threaten to toss both FUSE USA and Sherwood Martinelli out of the process because he had the audacity to call the board a bunch of Pro-Industry Pricks...forget the fact the charge as leveled is true. They feel such a statement is disrespectful to them as JUDGES...well EXCUSE ME. If FUSE USA has their contentions tossed, it might work out best...would give us an instant ACCESS into the courts for a review, and that in turn could mean the court gets to decide which of our contentions has merit, instead of the NRC making the decision.

The late breaking news today...Buchanan, home town of Entergy's Indian Point was denied status as an intervenor. Saw that one coming, as they did not make a claim that fell within Scope. The same decision should rightfully be handed down on both NY AREA, and the New York City Economic Development Corporation.

Tuesday, December 4, 2007

Atomic Safety and Licensing Board Has Panties in Knot

I spent the better part of yesterday at the Office of Westchester County Commissioner Andy Spano attending a press conference. By the time I broke bread with friends, and returned to my home less three miles from the aging Indian Point reactors owned by Entergy, it was late afternoon, and I had things to do. So, it was not until after ten last night that I got around to opening my emails. After deleting all the SPAM, the first letter of importance was from the NRC's Atomic Safety and Licensing Board informing me that THEY HAD CENSURED ME for what they feel were inappropriate remarks. I'd stated in a email letter to one Mr. Turk that the board's order dismissing all of FUSE USA's contentions in the name of HOUSE CLEANING amounted to them all acting like "pro nuclear industry pricks". (paraphrasing here)

1. The letter was NOT ADDRESSED TO THE BOARD, I merely CCed them a copy of communications between myself and Mr. Turk, erring on the side of caution, not wanting to be accused of Exparte Communications with the board's law clerk.

2. The board finds my use of the word pricks when referring to them abhorrant and disgusting, and is demanding that I offer up an apology to said board for offending their sensibilities, OR THEY WILL DISMISS ALL my filings, and FORBID me from participating moving forward in the License Renewal process...NO DURESS THERE.




Before Administrative Judges:

Lawrence G. McDade, Chairman

Dr. Kaye D. Lathrop

Dr. Richard E. Wardwell

In the Matter of


(Indian Point Nuclear Generating

Units 2 and 3)

Docket Nos. 50-247-LR and 50-286-LR

ASLBP No. 07-858-03-LR-BD01

December 3, 2007

Sherwood Martinelli

Response to Censure

Apology to Board, and Other Matters

Dear Board and Participants:

I am in receipt of today’s censure order, where the board has taken exception to my speaking my honest heart felt opinion and beliefs in stating, “. . . the board decided to be a bunch of pro industry pricks . . .” as relates to a previous decision by the board, wherein certain FUSE USA filings were tossed not because of a lack of merit, but on technicalities as relates to the rules. It struck me as more than odd, that the board basically gave Entergy everything they were asking for in their Motion to Strike.

In hindsight, I could have, and perhaps should have found a more diplomatic means by which to express and state my discontent and anger with, what I feel was and is a bias, pro-nuclear industry decision by said board. For that reason, for my indiscretion in how I expressed my own perceived truths, I do apologize for using language that the Board and anyone else took exception to in my written response to this board, and shall endeavor in the future to express my views, opinions and facts in a fashion that avoids the proverbial George Carlin list of words that one is not supposed to use on network television. My intent then and now was to express my HONEST OPINIONS before this board, not to offend other’s sensibilities in that process.

So as to clarify my position, I restate, I do apologize to the board for using what they deem to have been “inappropriate and disrespectful language.” Perhaps I have spent too much time reading some of the rather colorful exchanges in the emails of certain NRC staff, or perhaps I have a different view point on what is or is not appropriate language to use in civil discourse. After all, when you have the Vice President dropping the F bomb on the floor of the Senate while not being censored, and can turn on any soap opera or Comedy Central and hear far more colorful language, let alone listening to rap lyrics, the lines of propriety over the years seem to have blurred.

Further, not being a far Right, Born Again Christian member of the Republican Party, being one who embraces Freedom of Speech, and a Woman’s Right to Choice, I tend to be more liberal, accepting and tolerant in viewing what others say and write, am perhaps less easily offended by others arrangement of words upon a written page.

Maybe the board could help me in my effort of not stepping over the lines of their subjective version of propriety again in using words or phrases this board considers inappropriate or disrespectful language? Perhaps the board could put forth for me, a list of words or passages they will not allow in documents presented for their consideration? For instance, from my own perspective and views, stating that the NRC stands for No Regulatory Control is not an inappropriate remark, and I have even heard similar remarks by elected officials. I would hate to inadvertently find myself again being censured, singled out for scolding despite my best efforts at exhibiting restraint and decorum in my presentations to this board.

As a part of this apology to the board, I certify that I will refrain, to the best of my ability, as is required by the order attempting to limit my freedom of speech, to refrain from rude or disrespectful language in all written and oral statements that I hereafter submit or otherwise make in the coarse of this proceeding. I point out, that what is rude or disrespectful is very subjective in nature, as the board’s order in this matter attests to. Therefore, though I shall strive mightily in this task, there are no guarantees that I will not offend any one in the presentation of my contentions. I find Entergy’s application both rude and disrespectful to my community and myself, but that is my own subjective opinion on the matter. Despite my most diligent efforts, despite my certifying that I shall avoid rude and disrespectful language in my presentation to the board, how others perceive those presentations is not within my control. As example, if one looks at the dictionary definition of prick(s):

Main Entry:







Middle English prikke, from Old English prica; akin to Middle Dutch pric prick


before 12th century

1: a mark or shallow hole made by a pointed instrument2 a: a pointed instrument or weapon b: a sharp projecting organ or part3: an instance of pricking or the sensation of being pricked: as a: a nagging or sharp feeling of remorse, regret, or sorrow b: a slight sharply localized discomfort prick of a needle>4usually vulgar : penis 5 usually vulgar : a spiteful or contemptible man often having some authority.

I specifically refer the reader to definition number 5, usually (BUT NOT ALWAYS) vulgar: a spiteful or contemptible man often having some authority. Now, from my perspective, based on what I feel was and is a spiteful ruling, the use of the word when I submitted my response to the board seemed accurate. From my own subjective perspective, it seems like and appropriate use of the word within the context it was used. I freely admit that I gave no thought to the fact that certain thin skinned or puritan people might take offense of its use in a sentence, in a document submitted to this board. So again, I do humbly apologize, since it is obvious by this boards visceral reaction that offense was taken. I shall endeavor in all future correspondence to avoid such offense on the part of the board.

I further certify, that I have read 10 CFR Part 2, and all orders of the board that I have been given a copy of, and further, I certify that I will abide by said rule, and the orders of this board to the best of my ability, based on my understanding of the rule, and orders of this board as they have been written.

It is noted for the record, that Sherwood Martinelli and FUSE USA resubmitted our contentions prior to this order, and there is a good likelihood that this board might find certain views and passages subjectively objectionable. As they say, one can not UNRING the bell, nor can we go back through our filing in seven short days playing the part of word/phrase police, censoring our verbiage to make sure we have not offended this board or other parties to this License Renewal Process. So, erring on the side of safety, I apologize in advance for any particular word use in our almost 500 page filing that this board takes objection to, and again certify, that moving forward, as the Censor Order requires, work diligently to even more carefully choose the words and phrases I use in expressing myself, so as to avoid using rude, obnoxious or offensive language, even if said words would accurately express the facts as I see them.

Lastly, though Sherwood Martinelli herein has officially complied with the order of this board, I do not waive my right to appeal said order.

Respectfully Submitted,

Sherwood Martinelli


Peekskill, New York 10566

Certificate of Service

A copy of the above letter of apology was sent via email to all parties. Further, said letter is being mailed out via normal first class mail to all parties.

Sherwood Martinelli

December 3rd, 2007


351 Dyckman Street

Peekskill, New York 10566

(914) 293-7458