A Different Kind of Petition
Frank McKinnon 903 N. Missouri Roswell, NM 88201 (505) 627-3391 or (505) 420-8199
July 12, 2007
Fifth Judicial District Court 400 N. Virginia Roswell, NM 88201
To Whom It May Concern:
The respondents of this petition are planning to build and operate a nuclear waste burner reactor and a nuclear waste reprocessing plant at a location east of Roswell where rainwater-runoff appears to flow into the Pecos River. Nuclear waste reprocessing plants have a history of causing long lasting damage and destruction to property and life for people that have lived near them. Scientific publications of many experts have a tone of expressing the belief that current technology related to nuclear waste reprocessing plants would result in similar damage and destruction for people living near the nuclear waste reprocessing plant that is being proposed by the respondents. The nuclear waste burner reactor appears to be a new idea that hasn't been tested. But commonsense tells me that it has as much or more potential to harm people.
I feel threatened by the plans that the respondents have proposed, and by the misleading rhetoric they use to promote their project. The respondents may argue that their plans are not posing a threat of imminent danger, because they will not begin emitting radioactive materials into the air and water until 2013. But I believe that decisions that are made in the very near future will determine whether or not they will be able to follow through with their threatening plans.
Enclosed you will find a petition for an emergency order of protection or injunction, and approximately Eleven Hundred Thirty-six (1,136) signatures of persons that, also, feel threatened by the plans and behavior of the respondents. Some of the signatures on the first signature page are of persons living within 7 miles of the proposed facility's location. I am aware of several more pages of signatures that could still be gathered. I am submitting this petition, today, without the additional signatures, because the danger is imminent, and each day that passes without an emergency order of protection or injunction makes the respondents' threat more severe. If you need more signatures, please allow me to give them to you.
Respectfully Submitted,
Frank L. McKinnon
FIFTH JUDICIAL DISTRICT COURT COUNTY OF CHAVES STATE OF NEW MEXICO STATE OF NEW MEXICO ON BEHALF OF:
Petitioners: Frank McKinnon and Concerned Citizens
v. No. CV-2007-807
Respondents: Dennis R. Spurgeon, United States (US) Department of Energy, Assistant Secretary for Nuclear Energy, Leader for the Global Nuclear Energy Partnership (GNEP)
Timothy Frazier, Associate Deputy Assistant Secretary (Acting), Office of Fuel Cycle Management, Office of Nuclear Energy of the US Department of Energy
Tammy L. Way, GNEP PEIS Document Manager, Corporate Communications and External Affairs, Office of Nuclear Energy of the US Department of Energy
Dale Gandy, Larry Gandy, Michael Marley, of Gandy Marley Inc.
Steve Creamer, President and Chief Executive Officer of EnergySolutions Inc.
Allen Dobson, General Manager, GNEP Program, EnergySolutions Inc.
Peter Maggiore, Vice President, North Wind Inc.
All Others Culpable for this Matter
PETITION FOR EMERGENCY ORDER OF PROTECTION OR INJUNCTION
Claim: The respondents are posing threats to all persons living in Southeastern New Mexico, which
include threats of damage to property and quality of life, threats of injury, and threats of loss of life.
The respondents are doing this in a way that denies Concerned Citizens of Southeastern New Mexico
our right to due process, and denies all persons in Southeastern New Mexico our right to equal
protection under the law. These threats are ongoing. These threats will continue as long as Chaves
County continues to be a potential location for the respondents’ nuclear waste burner reactor and
nuclear waste reprocessing plant otherwise called the Global Nuclear Energy Partnership (GNEP)
Concerned Citizens v. GNEP Page 2 of 5
Consolidated Fuel Treatment Center (CFTC) and the Advanced Burner Reactor (ABR)) facilities.
We petition the Fifth Judicial District Court to give an emergency order of protection or
injunction to stop the threats posed by the respondents. There is a voluminous amount of scientific and
historical information that supports this claim. The information that you are about to read has a few bits and pieces of a much larger body of pertinent information. If it is insufficient for justifying your
emergency order of protection or injunction, please give us an opportunity to submit more pertinent
information to you.
Charles Miller, Ph.D., Chief, Radiation Studies Branch, Division of Environmental Hazards and Health Effects, National Center for Environmental Health, Centers for Disease Control and Prevention
(CDC) of the US Department of Health told me that I could quote him as saying that he is not aware of
a nuclear waste reprocessing plant that has ever successfully operated without hurting people in
surrounding communities (Source 1).
According to the Federation of American Scientists, "…The British recently awarded the first
contracts of 17-18 billion pounds to cover the costs of cleaning up the reprocessing facility at
Sellafield. GNEP has the potential to become the greatest technological debacle in US history"
(Source 2).
According to Allen Dobson, General Manager, GNEP Program, EnergySolutions Inc., the above
mentioned facility at Sellafield is the successful reprocessing plant that EnergySolutions Inc. is using as a model for the one they are proposing for Chaves County (Source 3).
According to many sources from the US Environmental Protection Agency, the Nuclear
Regulatory Commission, and the New Mexico Environment Department, none of these agencies would have authority to inspect and enforce the law at the GNEP site. They say that the US Department of
Energy would monitor itself. But, according to the Federation of American Scientists (Source 2), and
Concerned Citizens v. GNEP Page 3 of 5 according to information published by the US Environmental Protection Agency and the US Public
Health Services Agency for Toxic Substance and Disease Registry (ATSDR) (source 4), the US
Department of Energy has shown repeatedly and consistently that it is incapable of managing such
complex projects.
According to the Utah Department of Environmental Quality and the US Environmental
Protection Agency, EnergySolutions has a long history of violating laws. Inquiries with the New
Mexico Environment Department have made it clear that Gandy Marley Inc., also, has a history of
violating laws. Prior to being appointed to be the Assistant Secretary for Nuclear Energy for the US
Department of Energy, on April 3, 2006, Dennis R. Spurgeon was the Vice President and CEO of the
United States Enrichment Corporation, which, according to environmental and health agencies
(Source 4), has a history of violating laws. The proposed facilities would be owned and operated by
EnergySolutions Inc. and Gandy Marley Inc. for the US Department of Energy Office of Nuclear
Energy with no other entity having authority to inspect or enforce the law (Source 4).
Concerned Citizens of Southeastern New Mexico hold the opinion that the laws violated by the
above mentioned companies were designed and established by Congress in an effort to allow
businesses to prosper while protecting Americans from harm, and, by violating these laws, the
respondents have shown disregard to health, safety, and future prosperity of people in and around their
facilities. Given their track records, it is unreasonable for them to expect us to trust them.
Again, we petition the Fifth Judicial District Court to give an emergency order of protection or
injunction to stop the threats posed by the respondents. The information that you have just read only
has a few bits and pieces of a much larger body of pertinent information. If it is insufficient for
justifying your emergency order of protection or injunction, please give us an opportunity to submit
more pertinent information to you.
Concerned Citizens v. GNEP Page 4 of 5 Respectfully Submitted by
Frank L. McKinnon ON BEHALF OF Concerned Citizens of Southeastern New Mexico (see attached list) Contact Information: Frank McKinnon 903 N. Missouri Roswell, NM 88201 Office 627-3391 Cell 420-8199 SOURCES
Source 1: Telephone conversation with Charles Miller, Ph.D., Chief, Radiation Studies Branch, Division of Environmental Hazards and Health Effects, National Center for Environmental Health, Centers for Disease Control and Prevention (CDC) of the US Department of Health (March 21, 2007).
Source 2: Federation of American Scientists web page entitled: "Nuclear Weapons >> Statement Global Nuclear Energy Partnership" http://www.fas.org/main/content.jsp?formAction=297&contentId=525
Source 3: Allen Dobson, General Manager, GNEP Program, EnergySolutions Inc., Presentation at Roswell Convention and Civic Center, March 28-29, 2007
Source 4: Several sources published on www.frankmckinnon.com
CONTACT INFORMATION FOR RESPONDENTS
Dennis R. Spurgeon, Timothy Frazier, and Tammy L. Way Office of Nuclear Energy U.S. Department of Energy 1000 Independence Ave SW Washington, DC 20585-0119 866-645-7803
Dale Gandy, Larry Gandy, and Michael Marley Gandy Marley Inc. 408 Coddington Rd Roswell, NM 88201 (505) 625-9206
Concerned Citizens v. GNEP Page 5 of 5
Steve Creamer and Allen Dobson; EnergySolutions Inc.; 423 West 300 South, Suite 200 Salt Lake City, Utah 84101; (801) 649-2000
Peter Maggiore; North Wind Inc.; 1350 Central Ave.; Los Alamos, NM 87544; (505) 661-4290 or North Wind Inc. Headquarters; PO Box 51174; Idaho Falls, ID 83405-1174; (208) 528-8718
NOTE ABOUT SIGNATURES:
On June 1, I had gathered about 800 signatures from only people living in Chaves County. More
and more people from other parts of Southeastern New Mexico were asking if they could sign it,
because they, also, felt threatened by GNEP. So I expanded the petition to include all people living in
Southeastern New Mexico. During the second week of June, approximately 120 signature pages were
handed to concerned people throughout Southeastern New Mexico. I have received a few of these
signature pages through the mail. Many are still being circulated, and more could be circulated if it is
necessary.
On Monday and Tuesday of this week, I attempted to call all of the people that have been
carrying these petition signature pages. Many of them told me that they did have signatures that could
be included, but only a couple of them have brought their signature pages to me. Like I mentioned in
the cover letter for this petition, each day that passes without an emergency order of protection or
injunction to stop GNEP, the more severe the threat will be, and I will submit more signatures if they
are necessary.
According to several different neighborhood surveys that I conducted in Roswell, if I had enough time and resources to knock on every door in Roswell, more than 90 percent of the people living here would sign this petition. I am fairly sure that the same could be done throughout Southeastern New Mexico. Furthermore, I believe the same would result with all persons living within radioactive fallout range. If my memory is correct, the radioactive fallout from Chernorbyl was about 1,400 miles.
While gathering signatures, two or three persons asked if it was necessary to be a citizen. I told them that it was my understanding that all persons living here had the right to due process and equal protection under the law, and that I believed that it would be okay for them to sign the petition as long as they indicated that they were not a citizen by writing “Resident” by their names.
During the UFO Festival, I was approached by about a dozen persons visiting Roswell from places that could not be considered as being a part of Southeastern New Mexico, who wanted to sign this petition. I responded by telling them that if they felt threatened by there being a nuclear waste reprocessing plant and nuclear waste burner reactor operating in Southeastern New Mexico, or if they felt threatened by the nuclear waste being transported from all over the world to this location, I believed that it would be okay them to sign it, while making sure that they wrote their address clearly to show where they were from, and by telling them that I would write a note on the petition to make sure that their signatures were not questioned or considered to be misrepresentation. One of these persons lives in Mexico. She feels threatened by having radioactive materials flowing in the Pecos River.
The above letter did not work for serving it. Hard copies have been made and sent, while following proper channels for being served.