An important health issue facing Hawaii is the military's contamination of Hawaii with radioactive depleted uranium munitions. We do not want Hawaii licensed by the NRC to possess DU and not clean up this contamination. Did you know Kona has a 12%higher cancer rate than Hilo? Why? Is it possible the community is being contaminated by military toxins carried on the wind? We want 24/7 air monitoring of Hawaii, especially downwind from live fire artillery ranges. The US military in Hawai'i Must Not be licensed to be a RADIOACTIVE NUCLEAR WASTE DUMP! Deadline for public comment to the NRC is Tues Oct 27, 2009. I know EVERYONE here loves Hawai'i so please act fast! And pass forward. FOLLOW THE LINK below The Big Island Hui to get up to speed fast ... To get up to speed on this issue quick see Please help I'm very new here and only have a small list of contacts. Please write and submit a comment to the NRC...FOUR DAYS LEFT to make your comments to the Nuclear Regulatory Commission - Please do it now! Please forward! Its simple.... just ask for independent monitoring for Pohakuloa and the eight other Training Ranges being granted a "permit to possess" depleted uranium, PLUS - an E.I.S., a formal hearing, decommissioning, and clean up of all ranges that have applied for a "permit to possess". *EMAIL TO: BEFORE TUES. OCT. 27th ....MAHALO! This is my testimony to the NRC is below and copy of Hawaii County Resolution 639-08 Dear Mr. Hayes, Do Not Give the US Army a NRC license for Pohakuloa or any other base on any of our islands! Hawaii has already endured over 60 years of military toxic pollution. Enough already! Presently there is enough serious concern about the real extent of the radiation contamination up at Pohakuloa that the Hawaii County Council passed RESOLUTION 639-08 URGING THE UNITED STATES MILITARY TO ADDRESS THE HAZARDS OF DEPLETED URANIUM AT THE POHAKULOA TRAINING AREA. Passed by the Hawai'i County Council: July 2nd, 2008 (In its entirety below.) The US military has not been honest with the public on this issue. In fact they have been caught in more than one lie. In fact they are involved more in misinformation and misdirection than giving our concerns any real value. I was at Mauna Kea State Park on May 29, 2007 when private citizens armed only with Geiger counters got a radiation reading of 75cpm (when normal background radiation is 5 -20 cpm) This reading came off of dust devil gust of wind coming off the Pohakuloa Firing Range. This radiation reading suspended on the wind currents stayed elevated for several minutes before the reading fell back to normal levels. After the experience I thought... could a few hundred or a few thousand Davey Crocket tail fins used back in the 1960's cause such an elevation in radiation? I think not and fear the radiological contamination is far worst than the military would ever admit. This high reading was on a day that there was no live fire training going on at Pohakuloa. On any given day Saddle Road passing through Pohakuloa is like a wind tunnel 20 to 30 mph. Could that wind carry tiny particles of radioactive material over our communities? We won't know the full extent of that question until there is comprehensive transparent testing. We want to know the extent of the contamination at PTA. The US military DOES NOT NEED A NRC LICENSE! The military needs to be a responsible steward of the land especially when sworn to protect the US public. The military needs to prove their toxic activity stay contained on the base. If it cannot be contained PTA must be decommissioned! Many representing the military have made newspaper headlines like..."No public health risk from DU at Pohakuloa" Hogwash! Show us the transparent data and follow the well thought out Hawaii County Resolution 639-08. RESOLUTION 639-08 URGING THE UNITED STATES MILITARY TO ADDRESS THE HAZARDS OF DEPLETED URANIUM AT THE POHAKULOA TRAINING AREA. WHEREAS, in the early 1960's the United States Military used the Pohakuloa Training Area for firing a formerly classified weapon, the Davy Crockett recoilless gun, which has created the presence of depleted uranium (DU) in the impact area at the U.S. Army Garrison, Pohakuloa; and WHEREAS, the World Health Organization has released several reports and scientific studies concerning the health risks from exposure to depleted uranium; and WHEREAS, depleted uranium is a chemically toxic and radioactive heavy metal with a half-life of 4.6 billion years; and WHEREAS, depleted uranium emits radioactive alpha particles that can cause cancer when inhaled or ingested and also cause kidney and lung damage; and WHEREAS, there is a public health need to ensure the safe storage, disposal, and clean-up of munitions and other products or materials containing depleted uranium at the Pohakuloa Training Area to protect all residents of Hawai'i Island; and WHEREAS, the United States Military is hereby requested, with urgency, to address the potential hazards of depleted uranium at the Pohakuloa Training Area with the following five-point plan: 1. Ordering a complete halt to B-2 bombing missions and to all live firing exercises and other activities at the Pohakuloa Training Area that create dust until there is an assessment and clean up of the depleted uranium already present; 2. Establishing a permanent, high- tech monitoring system with procedures to ensure air quality control; 3. Establishing a citizen monitoring system to work closely with Military experts to assure transparency and community confidence; 4. Hosting quarterly meetings to update and inform the public; and 5. Ensuring permanent funds are available for the monitoring program; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAI'I that the U.S. Military will incorporate the five-point plan to address the potential hazards of depleted uranium at the Pohakuloa Training Area. BE IT FINALLY RESOLVED that the County Clerk shall forward a copy of this resolution to Colonel Howard Killian, Deputy Region Director, Army Installation Management Command-Pacific; all members of the Hawai'i State Legislature; Senator Daniel K. Inouye; Senator Daniel K. Akaka; Congressman Neil Abercrombie, and Congresswoman Mazie K. Hirono. Lindafaye Kroll BSN



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  • Aloha Lindafaye,

    I hope you get this in time to read.

    Before Administrative Judges:
    E. Roy Hawkens, Chairman
    Dr. Anthony J. Baratta
    Dr. Michael F. Kennedy
    In the Matter of
    (Schofield Barracks, Oahu, Hawaii, and
    Pohakuloa Training Area, Island of Hawaii,
    Docket No. 40-9083
    ASLBP No. 10-895-01-ML-BD01
    December 17, 2009
    (Identifying Issues for Oral Argument)
    This Board will hold oral argument on standing and contention admissibility issues
    presented in the hearing requests received from Cory Harden, Isaac Harp, Jim Albertini, and
    Luwella Leonardi (hereinafter referred to as Petitioners). Petitioners challenge the application of
    the U.S. Army Installation Command (Army) for a Source Material License to possess depleted
    uranium at the following two sites in Hawaii: Schofield Barracks, Oahu, and the Pohakuloa
    Training Area, Island of Hawaii.1
    Oral argument will be held in January 2010 at the Atomic Safety and Licensing Board
    Panel’s hearing room in Rockville, Maryland. The Army and the Nuclear Regulatory
    Commission (NRC) Staff will appear before the Board in the Rockville hearing room, and the
    Petitioners will participate by either videoconference or teleconference.2 The Board is aware
    1 See 74 Fed. Reg. 40,855 (Aug. 13, 2009).
    2 Because Ms. Harden and Ms. Leonardi have indicated they wish to participate by
    videoconference, the Board is in the process of locating a suitable videoconference facility.
    The Board is awaiting responses from Mr. Albertini and Mr. Harp as to whether they wish to
    participate by videoconference or teleconference.
    - 2 -
    that members of the public in Hawaii have expressed an interest in this proceeding, and the
    Board will therefore take steps to have the argument webstreamed for the benefit of those
    individuals. The Board will issue a subsequent order setting the format of the argument, the
    date and time of the argument, and the videoconference location.
    The Board has identified below topical areas it wishes the participants to be prepared to
    discuss at oral argument. In discussing these topics, and in otherwise answering questions and
    presenting oral argument, the participants should not inject information, topics, or arguments
    that are new or that differ in any significant respect from the information and arguments
    contained in the original pleadings submitted to the Board. The following areas of concern are
    not all-inclusive, and the Board may inquire into other matters raised in the participants’
    A. All Petitioners
    (1) Please provide the following information: (1) the address of your physical
    residence; and (2) the distance from your physical residence to the closest
    boundary of the Army Installation for which a possession-only depleted
    uranium license is being considered by the NRC.
    B. Isaac Harp
    (1) In your petition, you indicate that the granting of this license would pose a
    health threat to the land and residents of Hawaii. Please clarify the nature of
    this threat as it applies to you, and specify the factual foundation for your
    assertion of the potential for harm and injury.
    (2) In your petition, you state the Army may have used depleted uranium
    munitions in areas other than those discussed in the license application.
    Please provide the factual foundation for this assertion, including any
    information that would dispute the Army’s findings.
    - 3 -
    (3) Your petition invokes Executive Order 12898 and demands consideration of
    environmental justice in regard to the sites being considered in the subject
    license application. Please explain in greater detail your specific claim in
    regard to this specific executive order.
    C. Luwella Leonardi
    (1) Your petition asserts that dust plumes emanating from the Army installation
    are responsible for health issues in your community. Please specify the
    factual foundation for this concern, including the basis for a conclusion that (1)
    the offending dust plumes emanate from the Army installation, (2) the dust
    plumes are radioactive, and (3) there is a causal connection between the dust
    plumes and health issues.
    (2) Your petition alleges that the Army transported contaminated soil to your
    community on the Waianae Coast. Please specify a factual foundation for this
    allegation, including the destination and purpose of the alleged shipments,
    their frequency, the length of time they have been occurring, and the nature of
    and type of the alleged contamination.
    D. Jim Albertini
    (1) Please provide the factual foundation for the assertion in your petition that the
    Army fails adequately to acknowledge the inhalation hazard of depleted
    uranium oxide, including any information that would dispute the Army’s
    (2) Your petition indicates you were present when radiation monitors spiked to 75
    counts per minute during a dust storm at Mauna Kea State Park. Please
    clarify the details of the event and explain why you attribute the spike to
    depleted uranium from the Army installation.
    - 4 -
    (3) Your petition indicates that you have visited the Mauna Kea State Park.
    Please specify the distance of this park to the Army installation in question, as
    well as the purpose, frequency, and duration of your visits.
    E. Cory Harden
    (1) The NRC Staff asserts that the material you submitted on October 30, 2009
    should not be considered because it was filed after the October 27, 2009
    deadline and it was not accompanied by a request or justification for submitting
    it out of time. Please address the Staff’s assertion.
    (2) Please clarify the contention(s) being pled in your October 30, 2009
    (3) Please clarify the contention being pled in your October 9, 2009 submission.
    F. Army
    (1) Please clarify the quantity of depleted uranium that is involved and the degree
    to which the Army has been able to identify the locations on the sites where
    this depleted uranium is located. Regarding these two issues of quantity and
    location, please address the Army’s confidence in both the quantity of material
    and the possible locations, and the factual basis for such confidence.
    (2) Please provide a map or other geographical depiction that (1) shows the
    boundaries of the military installations, and (2) shows the area(s) within the
    installations where depleted uranium exists. Please provide the distances
    between the depleted uranium areas and the boundaries of the military
    installations. The Army is directed to provide this to the Board and to serve it
    on the other participants by January 5, 2010.
    (3) Please clarify the nature of current and prospective activities on these two
    installations with regard to live-fire exercises, and the location of such
    exercises in relation to the depleted uranium areas. Please address whether
    - 5 -
    the Army has a policy of maintaining a specific buffer distance between live-fire
    exercises and depleted uranium areas.
    (4) In regard to current site monitoring activities, please clarify what, if any,
    monitoring is being performed for either airborne or groundwater radioactive
    contamination. Please address the assertion in Ms. Harden’s submission that
    the Army’s air monitoring program is based on “wrong protocols” and the
    “Army is not getting enough sample to [distinguish] depleted uranium from the
    natural [uranium because] . . . the sample size is too small.”
    (5) In regard to the site characterization, please discuss the nature and results
    from any aerial radiation measurements that may have been made from either
    fixed-wing aircraft or helicopters. If aerial radiation surveys have been, or will
    be, conducted, please describe the methodology that was, or will be, used.
    (6) In regard to the assertions by the petitioners that contaminated soil is being
    removed from the installation(s) please clarify what, if any, activities are
    underway (or may be implemented in the future) to remove either depleted
    uranium or soil containing depleted uranium.
    (7) Please address when the Archives Search Report was made publicly available
    both in print and on a website.
    (8) The verified number of depleted uranium spotting rounds shipped to Oahu
    from the Lake City Ordnance Plant was 714 rounds in April 1962, yet the
    “worst case scenario" estimate of rounds used – based on training/qualification
    criteria, as well as the number of spotting rounds ordinarily fired per practice
    round – is 2,526 rounds. Please reconcile these two figures, and also address
    the possibility that additional rounds may have been shipped to Oahu from
    other ordnance depots.
    - 6 -
    (9) Please address whether the Army intends to use depleted uranium munitions
    in the future at the relevant military installations.
    G. NRC Staff
    (1) The Army’s application states that the “Army has not determined that the
    Atomic Energy Act (Act) requires a possession-only license in the instant
    situation,” but that it is nevertheless submitting an application to “promote
    cooperation between our agencies and to the extent required by the Act.”
    Please address whether the Army is required to have a license in this situation.
    (2) Please explain the consequence if the Army is not granted a depleted uranium
    possession-only license for the two sites in this proceeding.
    (3) Please discuss the nature of license conditions that may be placed on the
    Army as a possession-only license holder, including whether such conditions
    could include the location and frequency of radiological monitoring, the ability
    to remove depleted uranium (or soil that might contain depleted uranium) from
    the site, and the permissibility of conducting live-fire exercises in areas where
    depleted uranium may be present.
    (4) The Staff states that Ms. Harden never specifies any injury-in-fact apart from
    the possibility that “very different conditions may eventually be written into the
    Army DU license" depending on the number of spotting rounds found to be
    used. Because the dose associated with a quantity of radioactive material
    depends on the amount present, please address how it is possible to
    characterize with specificity an injury-in-fact if, as alleged by Ms. Harden, the
    amount of radioactive material is unknown.
    (5) The Staff states that Ms. Leonardi’s assertion that she has seen trucks from
    Schofield Barracks unload debris containing radioactive soil directly in back of
    her home is beyond the scope of this proceeding. Please address what the
    - 7 -
    regulations say with respect to the disposal of material held under a
    possession-only license.
    (6) The Staff states that Mr. Albertini's contentions should be rejected because
    they “fail[] to comply with the contention pleading requirements of 10 C.F.R. §
    2.309(f)(1).” Please explain the basis of this statement, and identify with
    specificity the provision of section 2.309(f)(1) that Mr. Albertini allegedly fails to
    (7) Please address whether Commission regulations require an applicant to fully
    characterize the type, amount, and location of material it will hold under a
    possession-only license. Also, address what percentage of a site is usually
    surveyed to determine a site’s characteristics, and what is the legal and/or
    technical basis for the percentage.
    (8) Please address whether documents referenced in a license application are
    considered to be part of the application.
    (9) Please address whether the telephone conversation that took place on
    October 26, 2009 between the Office of the Secretary of the Commission and
    Ms. Harden constitutes good cause for the allegedly late filing of her October
    30, 2009 Addendum.
    (10) It is claimed that (i) the Army’s presence at the relevant military
    installations is illegal, and (ii) state or local laws may prohibit the Army from
    storing/possessing depleted uranium in the open at these installations. Please
    address whether the NRC Staff’s review of the Army’s possession-only license
    application extends to such claims, and provide statutory and/or regulatory
    support for your position.
    - 8 -
    (11) Please address the claim that the NRC Staff should direct all military
    forces, domestic and foreign, that have trained in Hawaii since 1940 to search
    their classified and unclassified records for forgotten radioactive hazards.
    (12) Please be prepared to address the standing analysis in the following
    decisions as they relate to standing in this case:3
    i. Commonwealth Edison Co. (Zion Nuclear Power Station, Units 1 and
    2), CLI-00-5, 51 NRC 90 (2000);
    ii. Crowe Butte Res., Inc. (Northern Trend Expansion Area), CLI-09-12,
    69 NRC __ (slip op.) (June 25, 2009);
    iii. Nuclear Fuel Servs., Inc. (Erwin, Tennessee), CLI-04-13, 59 NRC 244
    iv. Tenn. Valley Auth. (Sequoyah Nuclear Plant, Units 1 and 2; Watts Bar
    Nuclear Plant, Unit 1), LBP-02-14, 56 NRC 15 (2002).
    It is so ORDERED.
    E. Roy Hawkens, Chairman
    Rockville, Maryland
    December 17, 2009
    3 If a participant has difficulty accessing copies of the listed decisions, he or she may
    request assistance from the Board’s law clerk by email, at
    4 In addition to being filed through the e-filing system, copies of this Order were sent this
    day by Internet email to: (1) Cory Harden; (2) Jim Albertini; (3) Isaac Harp; (4) Luwella
    Leonardi; (5) counsel for the U.S. Army; and (6) counsel for the NRC Staff.
    In the Matter of )
    U.S. ARMY INSTALLATION COMMAND ) Docket No. 40-9083-ML
    (Depleted Uranium at Pohakuloa Training )
    Area and Schofield Barracks, Hawaii) )
    I hereby certify that copies of the foregoing ORDER (Identifying Issues for Oral Argument) have
    been served upon the following persons by E-mail with additional service on representatives of the
    NRC Staff and the U.S. Army Installation Command by Electronic Information Exchange (EIE).
    U.S. Nuclear Regulatory Commission
    Atomic Safety and Licensing Board Panel
    Mail Stop T-3 F23
    Washington, DC 20555-0001
    E. Roy Hawkens, Chair
    Chief Administrative Judge
    Anthony J. Baratta
    Administrative Judge
    Michael F. Kennedy
    Administrative Judge
    Katherine Tucker,
    Law Clerk
    U.S. Nuclear Regulatory Commission
    Office of the General Counsel
    Mail Stop O-15 D21
    Washington, DC 20555-0001
    Catherine Scott, Esq.
    Kimberly Sexton, Esq.
    Brett Klukan, Esq.
    OGC Mail Center:
    U.S. Nuclear Regulatory Commission
    Office of Commission Appellate Adjudication
    Mail Stop O-7H4M
    Washington, DC 20555-0001
    U.S. Nuclear Regulatory Commission
    Office of the Secretary of the Commission
    Rulemakings & Adjudications Staff
    Mail Stop O-16C1
    Washington, DC 20555-0001
    Docket No. 40-9083-ML
    ORDER (Identifying Issues for Oral Argument)
    U.S. Army Installation Command
    Environmental Law Division
    901 N. Stuart St., Suite 402
    Arlington, VA 22203
    Kent Herring, LTC, JA
    Cory Harden
    P.O. Box 10265
    Hilo, Hawaii 96721
    Malu ‘Aina Center for Non-violent
    Education & Action
    P.O. Box AB
    Kurtistown, Hawaii 96760
    Jim Albertini, President
    Amelia Gora
    P.O. Box 861781
    Wahiawai, Hawaii 96786
    Isaac D. Harp
    P.O. Box 437347
    Kamuela, Hawaii 96743
    Luwella K. Leonardi
    85-1363 Halapoe Place
    Waianae, Hawaii 96792
    Angela Rosa
    P.O. Box 43
    Hawi, Hawaii 96719
    Barbara Moore
    [Original signed by Linda D. Lewis]
    Office of the Secretary of the Commission
    Dated at Rockville, Maryland
    this 17th day of December 2009.
    • Aloha Keohi...You go girl...Let me know how I can help? Are you Ok with what they are asking? They want factual foundation can you give that to them?
      There's time to ask others to help if you need it? A lot of smart people in Maoli World... Kyle Kajehiro of has done a lot of work on military toxins. Grab the State of Hawaii cancer map in my latest article and read the questions I ask. Not proof but common sense in my thinking. We need this video conference copied when it is done I know maoli world has people that can do that...

      The tone I get from this... is that these guys are not going to take anyone here seriously that are not experts. My opinion only... But it definitely needs to be done. Hooray to you kiddo? It doesn't matter that you may not have a college degree... The State Legislatures never took me seriously and I do have a college degree. But am not an expert... We are just concerned residents. It doesn't matter but as much factual information that you can put together...In the 2004 EIS the military PROMISED NEVER to use and or Transport Depleted Uranium or Nuclear weapons in Hawaii...look at us now?... How many lies are we suppose to take? The EIS that's part of the factual record here in Hawaii, A copy should be at any main library. and You have the right to be a concerned resident.

      Can you get pictures of the dumping? Do you know anyone with a geiger counter. Can you survey close to the dumping...How many households have serious illness?...Just ideas to throw around... I know you are under a lot of pressure. Everything is probably being monitored...Not paranoid just a realist... You've opened a big can of worms to them if you can produce any kind of proof.

      C. Luwella Leonardi
      (1) Your petition asserts that dust plumes emanating from the Army installation
      are responsible for health issues in your community. Please specify the
      factual foundation for this concern, including the basis for a conclusion that (1)
      the offending dust plumes emanate from the Army installation, (2) the dust
      plumes are radioactive, and (3) there is a causal connection between the dust
      plumes and health issues.
      (2) Your petition alleges that the Army transported contaminated soil to your
      community on the Waianae Coast. Please specify a factual foundation for this
      allegation, including the destination and purpose of the alleged shipments,
      their frequency, the length of time they have been occurring, and the nature of
      and type of the alleged contamination.

      LET ME KNOW HOW I CAN HELP! I SUPPORT YOU! Put this section that pertains to your testimony and see if Maoli World people have pictures or any proof of this dumping? I'm online Monday through Friday
      • Hi Just wrote a long post but it got stuck in the saving mode. LET ME KNOW HOW I CAN HELP! My last article posted this week has the original cancer maps of 1989-1992 I think (dates) from the State of Hawaii. Remember the State of Hawaii is NOT looking at military toxins. But why is Oahu soooo sick! Why should paradise be soooo toxic? You'll need to make your case as a concerned resident but whatever proof you can provide would be good. Got Pics of dumping? Then how would you prove the civilian vehicles (independent contractors)are attached to military debris?...This is heavy and I know you are under a lot of pressure... let me know how I can help. On line Mon - Fri. I'll be ranking my brain for you this weekend. Ask others also...if you need help. Can you put a informal survey near the dumping. Just ask the residents is anyone in the household have a major or life threatening illness in the house? Powerful question canvas a neighborhood in
        Waianae near the dumping. Ask for volunteers in Maoli world. If I lived O'ahu I'd be there. These lawyers are slick and on the side of the military. It will be important to have your ideas and comments organized.

        Lindafaye email

        ps I support the push for video conference...can you or do you know who can make copies of this conference.
  • I watched Dr. Roalie Bertell's reponse and is she still alive and well. Dr. Linus Pauling talked about the research and methods of research that were unavailable to the population outside of the sicence community. So, I'm glad that we have Dr Bertell's information, she explains it in common everyday language. one that even children can understand. Kaohi
  • Aloha Linda,

    I was just on Moku o Keawe for work. We did a Silversword outplanting in the upper Waiakea Forest Reserve, along the old powerline trail off Saddle Road. As we planted that morning I could hear what sounded like bombing or live fire training at Pohakuloa. We were down wind of that and trust me, I was uneasy about exposure to DU.

    I am uneducated about this issue and appreciate whatever is posted on MW. Please continue to educate and inform on this site.

    Mahalo nui,
    • Mahalo Miliaulani,

      I've been out of the activist circle on this issue for 2 years and am just getting back into the action and this NRC public hearing came up. I had to testify yet one more time. We must not stop pushing for education and 24/7 air monitoring around all live fire ranges in Hawaii. Communities near live fire ranges on O'ahu are at a much higher risk because you're communities are closer to the live fire. Please write a short note to the NRC No License to Army and 24/7 air monitoring around all live fire ranges.

      I am here to make friends to those who can pass the message forward. Thank-you for your support.
      Malama Pono
  • I'm getting a strong impression that my input is not wanted here. If not I will try to educate anyway but in a different forum.
  • Just checking in. Please don't go silent on this issue Kaohi
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