eari LLL-cqk - Hearing Docket From: Isaac Harp [[email protected] Sent: Thursday, March 04, 2010 6:01 PM To: Docket, Hearing; Amelia Gora; Angela Rosa; Baratta, Anthony; Barbara Moore; Klukan, Brett; Scott, Catherine; Cory Harden; Hawkens, Roy; Jim Albertini; Tucker, Katie; Kent Herring, LTC, JA; Sexton, Kimbedy; Luwella K. Leonardi; Kennedy, Michael; OCAAMAIL Cc: Resource; OGCMailCenter Resource Julian, Emile Subject: Re: LB Memorandum and Order (Denying Requests for Hearing) (LBP-1 0-04) US Army Installation Command Attachments: HARP Appeal Supporting Brief.doc; Appendix DOJ.doc; Appendix U.S. P.L. 103-150.pdf By this e-mail I am filing a Notice of Appeal in the matter of the Atomic Energy Safety and Licensing Board Memorandum and Order (Denying Requests for Hearing) (LBP-10-04), US Army Installation Command (Schofield Barracks, Oahu, Hawaii, and Pohakuloa Training Area, Island of Hawaii, Hawaii), Docket No. 40-9083, served February 24, 2010. Please find attached: 1)HARP Appeal Supporting Brief, 2) Appendix U.S. P.L/ 103-150, and 3) Appendix DOJ. DOCKETED Thank you, USNRC March 4, 2010 (6:01pm) Isaac Harp P.O. Box 437347 OFFICE OF SECRETARY RULEMAKINGS AND Kamuela, HI 96743 ADJUDICATIONS STAFF Phone (808) 345-6085 e-mail: imua-hawaii(chawaii.rr.com . .... in ... lh/... •... FIrom"D.kt Hearing... To: Amelia Gora; Angela Rosa Baratta. Anthony: Barbara Moore Klukan, Brett: Scott, Catherine Cory Harden Hawkens, Roy ; Docket, Hearing ; Isaac D. Harp ; Jim Albertini ; Tucker, Katie ; Kent Herring, LTC, JA; Sexton, Kimberly Luwella K. Leonardi: Kennedy, Michael: OCAAMAIL Resource : OGCMailCenter Resource Cc: Julian, Emile Sent: Wednesday, February 24, 2010 9:17 AM Subject: LB Memorandum and Order (Denying Requests for Hearing) (LBP-10-04) US Army Installation Command Attached is a Licensing Board Memorandum and Order (Denying Requests for Hearing) (LBP-10-04), US Army Installation Command (Schofield Barracks, Oahu, Hawaii, and Pohakuloa Training Area, Island of Hawaii, Hawaii), Docket No. 40-9083, served February 24, 2010. Nancy Greathead Rulemakings and Adjudications Staff Office of the Secretary 1 dttý AA-ý - C)-)- I 'DS o3 Received: from mail .nrc.gov (148.184.176.41) by TWMSO1 .nrc.gov (148.184.200.145) with Microsoft SMTP Server id 8.1.393.1; Thu, 4 Mar 2010 18:01:23 -0500 X-Ironport-ID: mail1 X-SBRS: 3.9 X-MID: 12044758 X-fn: HARP Appeal Supporting Brief.doc, Appendix DOJ.doc, Appendix U.S. P.L. 103-150.pdf X-IronPort-Anti-Spam-Filtered: true X-IronPort-Anti-Spam-Result: AiADAFTKjOtHSjh8i2dsb2JhbACBRIchhk2BN4pcFQEBAQoLCgcRBR+pegmNXwKCaYIRBA X-IronPort-AV: E=Sophos;i="4.49,583,1262581200"; d="doc'32?scan'32,32,217,208?pdf'32,32,217,208";a="1 2044758" Received: from hrndva-omtalb.mail.rr.com ([71.74.56.124]) by mail l.nrc.gov with ESMTP; 04 Mar 2010 18:01:22 -0500 Return-Path: <[email protected]> X-Authority-Analysis: v=1.0 c= 1 a=6zyXFlYXygA: 10 a=ayC55rCoAAAA:8 a=TYoIOXJWg PzuGCwUVgMA:9 a=s08oMYuwzEmPJBhjNhAA:7 a=BuUnoW2REcfAFvpGtT4fnBah-a8A:4 a=IEYfDbZRgFkA:10 a=P2VsRCp5VP4A:10 a=DvbFIb22GQA: 10 a=SSmOFEACAAAA:8 a=yMhMjlubAAAA:8 a=pGLkceISAAAA:8 a=69EAbJreAAAA:8 a=EM7LIJzrAAAA:8 a=U1 hmJBSMAAAA:8 a=Y7QPsQczkqMHKhT3sFIA:9 a=jHs-qxMRtYK85joD-7kA:7 a=PIBEP99H8LAj9bHoC9dmy3q9TeMA:4 a=MSI-tDqOzO4A: 10 a=EfJqPEOeqIMA: 10 a=qEu5CcAx9lEA: 10 a=PnbOBbHi-7wA: 10 a=l IKdZj4CAAAA:8 a=nhrnvKp6AAAA:8 a=HQ31 IIbKAAAA:8 a=Oea7k831 NSGDiLg4keOA:9 a=pSrXiGOz2Zuus4sG2GcA:7 a=m682SIRuESyHP25fgsd2Qd-R_cEA:4 a=diV1 Cm6KfS4A: 10 a=QrU5ZQwqP2AA: 10 a=SKjuE-ncnjoA:10 a=hVHkMfXOn5xFpPNT:21 a=tcX3iAIm_DbYhgnj:21 a=8KTi6mSQmekfaCfP64A:9 a=hF4dH57xTBXu7mHaLtpJTNOksMA:4 a=9vLKZZLKAyF9KCVc:21 a=qaLYNimOuNbWheEp:21 a=tNdoL4_BrHePkmCdmG8A:9 a=vuteRsS6t2UjGyKyn8nGiA3_8JoA:4 a=n3BslyFRqcOA: 10 a=Mfg2iz3riMEA: 10 a=bf6jiFsjELgA:10 a=Twe84UQkhacA:10 X-Cloudmark-Score: 0 X-Originating-IP: 72.130.234.93 Received: from [72.130.234.93] ([72.130.234.93:4115] helo=Paka) by hrndva-oedge02.mail.rr.com (envelope-from <[email protected]>) (ecelerity 2.2.2.39 ro) with ESMTP id D1/A5-08023-8BB309B4; Thu, 04 Mar 2010 23:01:20 +0000 Message-ID: <F8651A7575FD42339BE216F7A8E7F125@Paka> From: Isaac Harp <[email protected]> To: "Docket, Hearing" <[email protected]>, "Amelia Gora" <[email protected]>, "Angela Rosa" <[email protected]>, "Baratta, Anthony" <Anthony. [email protected]>, "Barbara Moore" <[email protected]>, "Klukan, Brett" <[email protected]>, "Scott, Catherine" <[email protected]>, "Cory Harden" <[email protected]>, "Hawkens, Roy" <[email protected]>, "Jim Albertini" <[email protected]>, "Tucker, Katie" <[email protected]>, "Kent Herring, LTC, JA" <[email protected]>, "Sexton, Kimberly" <[email protected]>, "Luwella K. Leonardi" <[email protected]>, "Kennedy, Michael" <[email protected]>, "OCAAMAIL Resource" <[email protected]>, "OGCMailCenter Resource" <[email protected]> CC: "Julian, Emile" <[email protected]> References: <5C8DD1 2F3FD85D4AB8EB40CD9CBC545A223EDCACF6@HQCLSTR01 .nrc.gov> Subject: Re: LB Memorandum and Order (Denying Requests for Hearing) (LBP-10-04) US Army Installation Command Date: Thu, 4 Mar 2010 13:01:23 -1000 MIME-Version: 1.0 Content-Type: multipart/mixed; boundary="----= NextPart_000_OQ0E_01 CABB9A.CAF3BF50" X-Priority: 3 X-MSMail-Priority: Normal X-Mailer: Microsoft Outlook Express 6.00.2900.5843 X-MimeOLE: Produced By Microsoft MimeOLE V6.00.2900.5579 Supporting Briefing of Petitioner Isaac Harp Appealing the decision by the Atomic Energy Safety and Licensing Board Memorandum and Order (Denying Requests for Hearing) (LBP-10-04), US Army Installation Command (Schofield Barracks, Oahu, Hawaii, and Pohakuloa Training Area, Island of Hawaii, Hawaii), Docket No. 40-9083, served February 24, 2010. Submitted - March 4, 2010 NRC staff statements in Board ORDER Denying Standing are in bold italics: Harp contentions referred to by NRC staff statements in Board ORDER Denying Standing are in bold Harp Responses to NRC staff statements preceded by "RESPONSE:" Mr. Harp Fails to Establish Standing Applying relaxed pleading standards,and construingMr. Harp's hearing request in his favor, we find that he seeks to establish standing based on the following alleged facts: RESPONSE: The NRC staff did not appear to apply relaxed pleading standards to myself, a pro se petitioner, or to any of the other pro se petitioners in this case. In fact, Judges Hawkins and Barrada raised this as an issue with NRC staff during oral arguments. In addition, it appeared that the NRC and the Army were working as partners in their effort to deny the petitioners standing which may explain why the NRC has never denied such a request before - as reflected in public statements by NRC representatives during the public hearing held in Kailua-Kona, Hawaii that was video-recorded by several others and myself. (1) he is a resident of the island of Hawaii who lives about 19 miles from Pohakuloa (Tr. at 77); RESPONSE: Actually, this is not alleged but factual. I provided my physical address as confirmation. (2) "[DU] has been pointed to as the probable cause of various cancers and other mysterious illnesses that many military veterans suffer from" (Harp Hearing Request at 2); RESPONSE: In reference to my contention listed under number 2) NRC staff concludes that "...he provides no factual support for his assertion,he makes no plausible showing that the DU could exit the firing ranges and migrate from Pohakuloa to affect him," It was not possible to share documentation on what I presented orally during the oral argument process due to strict time constraints placed on the Hawaii petitioners by the ALS Board, the poor document sharing equipment made available to petitioners located in Hawaii, and continuous disconnections of the videoconference line. I provided the information copied below during my oral arguments, which NRC staff may have conveniently missed or selectively ignored. This information serves as my evidence that DU could in fact exit the firing ranges and migrate from Pohakuloa to affect me and other residents and visitors of Hawaii island. a) "Airborne Transport of Uranium Particles,"Dietz a technician at the Knolls Atomic Power Laboratory in Schenectady, New York wrote, and I quote, "A total of 16 air filters at three different locations covering 25 weeks of exposure from May through October 1979 were analyzed; all contained trace amounts of DU. Three of these air filters were exposed for four weeks each at a site 26 miles (42 km) northwest of the National Lead Industries plant. This is by no means the maximum fallout distance for DU aerosolparticles. "end quote (At the time the filters were exposed, the National Lead Industries plant was fabricating DU penetrators and airplane counterweights.) b) In Preventive Psychiatry E-Newsletter No. 169, Arthur N. Bernklau, Executive Director of Veterans for Constitutional Law in New York, stated, and I quote, "This malady (from uranium munitions), that thousands of our military have suffered and died from, has finally been identified as the cause of this sickness, eliminating the guessing. Out of the 580,400 soldiers who served in the first Gulf War, of them, 11,000 are now dead! By the year 2000, there were 325, 000 on PermanentMedical Disability."end quote c) A scientific paper titled "Leaching of depleted uranium in soil as determined by column Experiments1"' clearly shows that leaching of depleted uranium in soil can occur. (Hawaii volcanic soils and geology provide eabsier pathways for leaching of DU than the soils used during column experiments - a photo document on Hawaii soils and geology was presented via document viewer during oral argument.) d) In April 1985, the Hawaii Department of Health informed the Army that high levels of trichloroethylene had been detected in wells supplying drinking water to 25,000 people at Schofield Barracks. Moreover, an additional 55,000 people in Wahiawa and Milliani obtain drinking water from public wells within 3 miles of the base.