Showing posts with label Lawrence G. McDade. Show all posts
Showing posts with label Lawrence G. McDade. Show all posts

Wednesday, December 12, 2007

Another Entergy Reactor Site LEAKING Tritium...NRC Promises To Help Cover It Up!

OK, we extrapolated based on the experience here at Indian Point that the NRC will help in a cover up of the newly found Tritium Leak at Entergy's Palisades reactor site, but you can bet money that Neil Sheehan will be running to the news media shortly claiming there is no immediate risk to the General Public of Michigan, and that Entergy is within their license allowances since the tritium has not left the site yet...sounds like a COVER UP TO US.

Radioactive substance found in well outside Palisades plant

December 12, 2007 - 3:10PM

COVERT (NEWSCHANNEL 3) - Entergy, the owner of the Palisades Nuclear Plant, has informed the United States Nuclear Regulatory Commission that a radioactive substance has been found in one of their monitoring wells.

The substance found was tritium, a radioactive isotope of hydrogen. It is often used in watch dials and exit signs that glow in the dark. Curious here...have you ever seen the lengths that the NRC goes to to retrieve missing exit signs? BUT, let a reactor leak tritium, and its fine.

The amount of tritium was relatively low, although over the limit allowed in drinking water. The water in the well is not used for drinking, so Entergy was not technically required to report the findings. A representative said that they made the report as a conservative measure. Entergy did make the county and local municipalities aware of the situation. This is the same bull shit response Entergy gives the citizens around Indian Point!

No Time For Congressman John Hall's ISA Bill, But Christmas and Christ Got It Made

We have some very serious issues in this country, and in our own district here in New York, with Indian Point and Illegal Aliens at the top of the list, followed closely by the War in Iraq. Congressman John Hall's bill calling for and ISA (Independent Safety Assessment) of Indian Point languishes in obscurity in some long forgotten subcommittee, but in their race to appease the radical right wing voters of America, Congress is falling over backwards to eliminate separation of Church and State with H. Res. 847!

Seems that our dearly loved DO NOTHING CONGRESS is all in a tizzy to push through this Christians of Good Faith Christmas Resolution for the born again, Bible Thumping, God Fearing folk of the world, and to reiterate that America would not be America if not for God, Jesus and the Holy Smoke. Lawrence G. McDade probably wet himself with holy water upon hearing about this bill, good Christian Pro Nuclear Judge that he is. No mention of the Jews, Muslims or agnostics and not even Santa Claus has earned a howdoyoudo in this CHRISTIAN' ONLY love fest of a resolution.

So, no Democratic push to DEFUND THE WAR, no bill to Impeach Bush and Cheney, and all of us host communities with aging, dangerous cancer causing reactors are shit out of luck, but trust me, the Christians will get their JESUS RESOLUTION before Congress heads home on Christmas Break. We here at GNB thought we would add a few missing words to the resolution.

H.Res.847

Recognizing the importance of Christmas Sales and the Christian faith that will protect children from lead contaminated Chinese Import Toys.

RESOLUTION

Recognizing the importance of Christmas Sales and the Christian faith that will protect children from lead contaminated Chinese Import Toys.

Whereas Christmas, a holiday of great financial significance to Americans and their greedy corporations, and many other cultures and nationalities, is celebrated annually by Christians and those who just like the concept of Santa Claus and getting gifts throughout the United States and the world;

Whereas there are approximately 225,000,000 supposed Christians in the United States, making Christianity the religion of over three-fourths of the American population;

Whereas there are approximately 2,000,000,000 supposed Christians throughout the world, making Christianity the largest self serving religion in the world and the religion of about one-third of the world population;

Whereas Christians identify themselves as those who believe in the salvation from sin offered to them through the sacrifice of their savior, Jesus Christ, the Son of God, and who, out of gratitude for the gift of salvation, commit themselves to living their lives in accordance with the teachings of the Holy Bible; as long as it is not inconvenient, and requires no personal sacrifice;

Whereas Christians and Christianity have contributed greatly to the development of western civilization; and the molesting of tens of thousands of Children in the name of Christ...(see Catholic Priests in footnote);

Whereas the United States, being founded as a constitutional republic in the traditions of western civilization, finds much in its history that points observers back to its roots in Christianity;

Whereas on December 25 of each calendar year, American Christians observe Christmas, the holiday celebrating the birth of their savior, Jesus Christ; even Mitt Romney;

Whereas for Christians, Christmas is celebrated as a recognition of God's redemption, mercy, and Grace; and the gifts and feasting are just extra added attractions;

Whereas many Christians and non-Christians throughout the United States and the rest of the world, celebrate Christmas as a time to serve others, such as their corporate masters that make them work on Christmas Eve: Now, therefore be it

    Resolved, That the House of Representatives--Having Nothing Better To Do

      (1) recognizes the Christian faith as one of the great religions of the world; right behind Nascar, and Sunday Football
      (2) expresses continued support for Christians in the United States and worldwide; as long as it does not interfere with Corporate Profits, or Homeland Security

      (3) acknowledges the international religious and historical importance of Christmas Sales and the Christian faith

      (4) acknowledges and supports the role played by Christians and Christianity in driving holiday sales, and the founding of the United States and in the formation of the western civilization

      (5) rejects bigotry and persecution directed against Christians, both in the United States and worldwide, but its OK to think of homosexuality as a abomination against God; and

      (6) expresses its deepest respect to American Christians and Christians throughout the world.

Entergy's Butt Buddies Out of Process


Just in from Lawrence G. McDade's law clerk...Entergy's brown nosing butt buddies are dropping like dead flies in their attempts to intervene on Entergy's behalf. Last week Buchanan was drop kicked out of the process for failing to submit a viable contention. Today, both NY AREA (funded by Entergy, and the garage where Patrick Moore is parked) and the New York City Economic Development Corporation where shown the door. So, that leaves how many PRO ENTERGY buffoons in the process? ZERO, ZIP...none of their imposters, none of their black horses are in the race. Maybe Norris McDonald and his dear friend Condi Rice should have filed something substantial in the process...sure Entergy would have funded it in a heartbeat.

Sunday, December 9, 2007

TEPCO Knew About Earthquake Fault, Kept Operating Anyway!

As you read this article, keep in mind that Indian Point sits atop its own EARTHQUAKE fault here in New York. It seems, that TEPCO knew almost four years before the near catastrophic earthquake that their seven reactor site was sitting atop an ACTIVE FAULT LINE that could at any moment cause a richter scale 7 earthquake! Even worse, Japan's equivilent of the NRC also knew about the active earthquake fault line. In short, both TEPCO, and the regulator decided to roll the dice with human health, and public safety. My question, "The arrests start when?"

Tokyo Electric Knew Fault Could Cause Earthquake (Update1)

By Megumi Yamanaka

Dec. 7 (Bloomberg) -- Tokyo Electric Power Co., Japan's biggest power utility, said it knew in 2003 an undersea fault near its Kashiwazaki Kariwa nuclear facility could cause a magnitude 7 earthquake.

The nuclear plant, the world's biggest, was shut after a 6.8 magnitude earthquake on July 17 caused a fire and minor radiation leaks. The trade ministry ordered the utility to keep the facility closed until it gives the approval for a restart.

A survey by the utility in 2003 found the fault near the nuclear plant was active, conflicting with results from a survey conducted between 1979 and 1980, according to documents Tokyo Electric filed to a trade ministry committee on Dec. 5.

Tokyo Electric didn't reveal the 2003 findings because the company didn't expect that to affect plant safety, Masaaki Kobayashi, a company spokesman, said by phone today. The company informed the ministry's nuclear safety agency of the result at that time.

"The nuclear safety agency also concluded at that time there was no danger,'' Yoshinori Moriyama, director of the agency's nuclear power licensing division, said by phone. The nuclear watchdog made the decision based on data provided by the utility.

The safety agency in 2002 asked Tokyo Electric and Japan's other nuclear plant operators to conduct surveys using the latest seismological knowledge as a safety precaution.

The power company used the results of the 1979 and 1980 survey when it applied to add two reactors to the facility in 1988. The Kashiwazaki Kariwa nuclear plant has seven reactors with a total generation capacity of 8,212 megawatts. The first reactor started operation in 1985.

According to the 2003 assessment, the fault was 20 kilometers (12 miles) long, nearly triple the 7 kilometers discovered during the 1979 and 1980 survey.

The company expects to complete a new seismic survey of the Kashiwazaki Kariwa area by the end of March.

To contact the reporter on this story: Megumi Yamanaka in Tokyo at myamanaka@bloomberg.net.

German Study Confirms What We Already Knew-Reactor Causes Leukemia

What if it WERE YOUR CHILD?
The United States government, the nuclear industry, and America's 104 nuclear reactors and their NRC licensees have used every trick in the book to eliminate, deny or discredit any report that showed a link between the operation of a nuclear reactor, and cancer. Yesterday, a new study out of Germany shows a link between children who live near a nuclear reactor, and Leukemia.

The study reports that 37 children living within three miles of a nuclear reactor (think Peekskill)had developed Leukemia between 1980 and 2003. The statistical average for the area studied should have only been 17. At what cost nuclear power? Are we as a society willing to say TO BAD, that is a small price to pay for the convenience of a nuclear society? Are you willing to tell those 20 families that their child MUST DIE so that you can save a few dollars each month on your electric bill?

The data from the study convincingly shows that children living within 50 kilometers (just over 30 miles) of a nuclear reactor are at an increased risk of contracting cancer. More importantly, the studies states that these children could be struck down with various cancers, including Leukemia before the age of five.


Child cancer risk higher near nuclear plants: study
Sat Dec 8,
8:48 AM ET
Story Link
BERLIN (Reuters) - A German study has found that young children living near nuclear power plants have a significantly higher risk of developing leukemia and other forms of cancer, a German newspaper reported on Saturday.

"Our study confirmed that in Germany a connection has been observed between the distance of a domicile to the nearest nuclear power plant ... and the risk of developing cancer, such as leukemia, before the fifth birthday," Suddeutsche Zeitung newspaper quoted the report as saying.

The newspaper said the study was done by the University of Mainz for Germany's Federal Office for Radiation Protection (BFS). A copy of the report was not immediately available.

The researchers found that 37 children within a 5-kilometer (3-mile) radius of nuclear power plants had developed leukemia between 1980 and 2003, while the statistical average during this time period was 17, the paper said.

The newspaper cited an unnamed radiation protection expert familiar with the study who said its conclusions understated the problem. He said the data showed there was an increased cancer risk for children living within 50 kilometers of a reactor.

German Environment Minister Sigmar Gabriel said in a statement that he would examine the study. He said the BFS should also evaluate its findings.

Germany plans to prematurely shut down all of its nuclear power plants by the early 2020s.

(Reporting by Louis Charbonneau)

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.

Sincerely,

/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 twice...one 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.

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.

UNITED STATES OF AMERICA

NUCLEAR REGULATORY COMMISSION

ATOMIC SAFETY AND LICENSING BOARD


Before Administrative Judges:

Lawrence G. McDade, Chairman

Dr. Kaye D. Lathrop

Dr. Richard E. Wardwell


In the Matter of


ENTERGY NUCLEAR OPERATIONS, INC.

(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:


1prick


Pronunciation:


\ˈprik\


Function:


noun


Etymology:


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


Date:


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


FUSE USA

Peekskill, New York 10566

http://www.fuseusa.org


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

FUSE USA

351 Dyckman Street

Peekskill, New York 10566

http://www.fuseusa.org

(914) 293-7458