ML20217P278

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Responds to from P Blockey-O'Brien & Recent Telcons Re Denial of 10CFR 2.206 Petition
ML20217P278
Person / Time
Site: Neely Research Reactor
Issue date: 08/19/1997
From: Collins S
NRC (Affiliation Not Assigned)
To: Blockeyobrien
AFFILIATION NOT ASSIGNED
References
2.206, NUDOCS 9708270129
Download: ML20217P278 (6)


Text

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pn at y+ 4 UNITE] STATES s* NUCLEAR REGULATORY COMMISSION

' *} WASHINGTON, D.C. 30666-0001

\y,,,*/ August 19, 1997 50 lNO Ms. Pamela Blockey 0'Brien D23 Golden Valley 7631 Dallas Hwy.

Douglasville, Georgia 30134 3766

Dear Ms. Blockey O'Brien:

I am responding to your letter of July 28, 1997, and to your recent telephone conversations with Craig Bassett of my staff and Bruno Uryc of the Enforcement and Investigations Coordination Staff of the Region 11 staff.

With regard to the denial of your 10 CFR 2.206 petition, the reasons for the ,

denial of your petition were explained to you from a safety and regulatory perspective in the Final Director's Decision (DD-97 16) dated June 27, 1997, and in the Partial Director's Decision (DD-95-15) dated July 31, 1995. All your letters, that were referenced in the Director's Decisions have been placed under the Georgia Tech docket and were carefully considered by the MC staff. This same treatment was given your letter of May 24, 1996, with the attachment of approximately 500 Jages, that was also included as part of your limited appearance in front of tie Atomic Safety and Licensing Board (ASLB) license renewal hearing. As you were informed by the letter of July 24, 1997, f rom the Office of the Secretary of the Commission. 00 97-16 is the final action of the NRC on your petition.

In your July 28 letter, you also expressed a concern as to why Georgia Tech has requested a possession-only license after expending considerable effort on the ASLB hearing on license renewal and on your 10 CFR 2.206 petition. The possession-only license was requested by Georgia Tech in a letter dated July 1, 1997, and is required to allow for possession of the residual radioactive materials from the reactor while plans are being made and activities are being conducted to decomission the reactor facility. As long as the activities are conducted safely and in accordance with the regulations, the rationale for operating or decomissioning a reactor is a licensee prerogative.

You also expressed concern about the Georgia Tech decomissioning process. By letter dated August 7, 1997, " Georgia Tc G anticipates submittal of a decomissioning plan to the NRC on or about January 30. 1998." Although the g[0 f exact process has not yet been established, the NRC has indicated in a letter #

to Georgia Tech dated July 22, 1997, and Georgia Tech has recognized by its l August 7 letter, that all activities will have to be. conducted safely and in accordance with the regulations. , l 97 , y 9708270129 970819 1 PDR ADOCK 05000160 i G PDR i. i

0 Ms. Pamela Blockey O'Brien August 19, 1997 All other matters that you have raised in your July 28 letter and the calls to

.the NRC staff were addressed in the previously discussed Director's Decision.

in the ASLB hearing, or are not related to NRC-regulated activities.

v our July 28 letter with the attachment has been placed in the Georgia Tech Research Reactor docket file in accordance with your request. Also, to respond to your request. this letter will be transmitted for information to the service list for the Georgia Tech Research Reactor, Sincerely.

Wsipledby SamuelJ.Colline Samuel J. Collins. Director Office of Nuclear Reactor Regulation DISTRIBUT:ON:

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Ms. Pamela Blockey O'Brien All other matters that you have :dised in your July 28 letter and the calls to the NRC staff were addressed in the previously discussed Director's Decision, in the ASLB hearing, or are not related to NRC-regulated activities.

Your July 28 letter with the attachment has been placed in the Georgia Tech Research Reactor docket file in accordance with your recuest. Also, to respond to your request, this letter will be transmittec for information to the service list for the Georgia Tech Research Reactor.

Sincerely.

d Director Office of Nuclear Reactor Regulation

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EDO Principal Correspondence Control FROM DUE '08/21/97 EDO CONTROL: G970591 DOC DT 07/28/97 FINAL REPLY:

P00310-Blockey-O'Brien Dougicsville, GA TO -

Commission FOR SIGNATURE OF -

    • GRN ** CRC NO: 97-0812

' Collins, NRR DESC ROUTING: ,

2.206 DIRECTOR DECISION AND THE GEORGIA INSTITUTE Callan OF TECHNOLOGY NEELY NUCLEAR RESEARCH REACTOR Thadani Thompson Norry Blaha Burns '

DATE: 08/08/97 Reyes, RII ASSIGNED TO-- CONTACT:-

NRR Collins SPECIAL INSTRUCTIONS OR REMARKS:

Rof. 0000658.

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2.206 DIRECTOR DECISION AND THE GEORGIA INSTITUTE Calle.n OF TECHNOLOGY NEELY NuuLEAR RESEARCH REACTOR Thadani Thompson Norry Blaha Burns DATE: 08/08/97 Reyes, RII ASSIGNED TO: CONTACT:

NRR Collins SPECIAL INSTRUCTIONS OR REMARKS:

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AUTHOR: PAMELA BLOCKEY-OBRIEN AFFILIATION: GEORGIA ADDRESSEE: COMRS., ET. AL.

E LETTER DATE: Jul 28 97 FILE CODE:

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SUBJECT:

DOCKET 50-160 (2.206) AND DIRECTOR DECISION, AND DOCKET 50-160 REN AND THE GEORGIA INSTITUTE OF TECHNOLOGY NEELY NUCLEAR RESEARCH REACTOR ACTION: Direct Reply DISTRIBUTION: CHAIRMAN, COMRS, RAS SPECIAL HANDLING: SECY TO ACK

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DATE DUE: Aug 21 97 SIGNATURE: . DATE SIGNED:

AFFILIATION:

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D4a:Gle, GA 30134346 We Secretary, Docketing and Service, and We Director, U.S. NRC, me Comissioners, US NRC, Washington, DC 20555 July 28th, 1997 Re : Docket 50-160 (2.206) and Director Decision, and Docket 50-160 REN and the Georgia Institute of Technology Neely Nuclear Research Reactor.

" Ionizing Radiation damages the genetic naterial in reproductive cells and results in mutations that are transmitted from generation to generation." BEIR V Report, National Academy of Sciences, 1990, p.65 I just thought you'd like to know. It's what NRC is meant to M concerned with.

Instead it govers itself in " legalese", which is why my perfec;1y correct 2,206 pWeition was denied.

I expWeted it. Just as I ex; Meted the Comission to decline any review , Mbich is why I didn't vrite. I found it interesting that the denial came just ahead et Georgia Tech suddenly deciding they didn't really need it after all. They vasted all that maney trying to get the liscense renewal - during which part of the process was Tech lying ? When they were in the middle of singing its pralees aM stating in their application things like :" If the reactor is not relicecsod, the quality of education for nuclear engineers and health physicists will b0 diminished. Research ,

projects will come to a halt. We forward progress of nuclear st.:lence technology will dd decreased." And hcw it was " essential"? Or now when they are going to "de-commission " it because its underutilized etc.? What are we to r'elieve ? Why did they want the ASLB Judges to re-license it if they want to de-comission it ? Is it all just a big game ? Or have they finally realized they're the proud owners of a radioactive reactor dump ? A radioactive mess in thc. middle of a university campus just like I said ,and reckon this is the only way to "save face" ?

If they don't need it,,they also don't need a Possession Oaly License. Deny it.

And by the way, their own documents estimated decomissioning costs at $10 Million. I believe it vill be more. Bey are going to have to dig up the entire thing, clean up the sub-surface soil and the groundwater will need to be pumpWd out,and they need to remove all surface soil contamination on the campus, remove the contaminated sever line, remove the adjacent building and the Co-60 and the pool (part of the license) , and take everything to a National Sacrifice Area as I said.And they are going to have to dig out the famous HUD FLAP it sits on (Jan. 1960 Safcguards Report, Page 80. First and second line of the second paragraph:"The flat tank bottom rests upon cencrete footings and a MUD FLAU.") just like I said it does.

Was my testimony to the ASLB Judges (20 pages pit}s apprax. 500 pages of support documents) entered under my 2.'206 Petition and considered as.I had requested ?I had also sent all that in under my 2.206 as well. And vas it all entered under the renewal and 2.714 proceeding as it was part of it ? If not, Mhy not ?

I am including a letter I wrote manths ago but was too disgueted to send.I did not finieh it, but added a handwritten note at the end. It is for the docket as well as the 2.206 dcocket part, and service list, as is this letter.

-eventeen years is a long time to fight this dump of a reactor. I did not forgot the deatn of Janet Lowe.2e fight was also for her, as I said in my testimony to the judgee.

She did not have to die because of this. I have faith one day her murdcrers will btf rought to justice. God is just. %e reactor will be no more.

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Washington, DC 20555 July 28th, 1997 Re : Docket 50-160 (2.206) and Director Decision, and Docket 50-160 REN and the Georgia Institute of Technology Neely Nuclear Research Reactor.

" Ionizing Radiation damages the genetic traterial in reproductive cells and results in mutations that are transmitted from generation to generation." BEIR V Report, National Academy of Sciences, 1990, p.65 I just thought you'd like to know. It's what NRC is meant to be concerned with.

Instead it 1 rovers itself in " legalese", which is why my perfectly correct 2,206 plkition was denied.

I expLk:ted it. Just as I expUcted the comission to decline any review , #dich is why I didn't write. I found it interesting that the denial came just ahead of Georgia

'Ibch suddenly decidirig they didn't really need it after all. They wasted all that money trying to get the liscense renewal - during which part of the process was Tech lying ? When they were in the middle of singing its praises and stating in their application things like :" If the reactor is not relicensed, the quality of education for nuclear engineers and health physicists will be diminished. Re earch projects will com to a halt. We forward progress of nuclear science technology will bld decreased." And how it was " essential"? Or now when they are going to "de-camission " it because its underutilized etc.? What are we to believe ? Why did thay vant the ASLB Judges to re-license it if they want to de-comission it ? Is it til just a big game ? Or have they finally realized they're the proud owners of a radioactive reactor dump ? A radioactive mess in the middle of a university campus just like I said ,and reckon this is the only way to "save face" ? .

If they don't need it,,they also don't need a Possession only License. Deny it.

And by the way, their own documents estimated decomissioning costs at $10 Million. I believe it vill be more. They are going to have to dig up the entire thing, clean up the sub-surface soil and the groundwater will need to be pumpdd out,and they need to remove all surface soil contamination on the campus, remove the contaminated sewer line, remove the adjacent building and the Co-60 and the pool (part of the license) , and take everything to a National Sacrifice Area as I said.And they are going to have to dig cut the famous MUD FLAP it sits on (Jan. 1960 Safeguards Report, Page 80. First and second line of the second pat?'agccph:"The flat tank bottom rests upon concrete footings and a MID FLAP.") just like T 'vid it does.

Was my testimony to the ASLB L_ ages (20 pages plus approx. 500 pages of support documents) entered under my 2.206 Petition and considered as I had requested ?I had also ner.t all that in under my 2.206 as well. And was it all entered under the renewal and 2.714 proceeding as it was part of it ? If not,iVhy not ?

I am including a letter I wrote months ago but was too disgusted to send.I did not finish it, but added a handwritten note at the end. It is for the docket as well as the 2.206 da:pcket part, and service list, as is this letter.

Seventeen years is a long time to fight this dump of a reactor. I did not forget the death of Janet Lowe.'Ite fight was also for her, as I said in my testimony to the judges.

She did not have to dfe because of this. I have faith one day her murderers will bd rought to justice. God is just. The reactor will be no more.

Pame a B1 -

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'Ihe Executive Direstor, US NRC, Froma Honorable Judges Bechhoefer, Kline and Lam, Pamela Blockey-O'Brien, US NRC Atomic Safety and Licensing Board, D23 Golden Valley,

'Ihe Commissioners of the NRC, Douglasville, GA 30134 Honorable Albert Gore, ,

Vice President of the US.

President William Jefferson Clinton, President of the United States.

Senator . Max Clelans, GA.

Senator John Kerry, MA.

Honorable Director CIA.

The Honorable Director of the FBI.

Rei Docket No: 50-160 REN (ASLDP No. 95-704-01 REN and my 2.206 Petition under 10 CFR Chapter 20 against the Georgia Institute of Technolog Nuclear Research Reactor located on the campus of Georgia Tech in the middle of downtown-Atlanta surrounded by countless thousands of people, and all my additional letters sent in under my 2.206 Petition , plus my 20 pages of testimony , raps and approx 500 pages of supporting documents presented to the Honorable Judges Bechhoefer, Kline and Lam at the. bearing (which were

  • also sent to NRC to be considered under my 2.206 Petition.) and my letter to the President.and my telegram to the President on this matter.

1

1) I wish to make sure that everything I gave the Judges, plus my entire 2,206 Petition and all other letters I sent in were made part of the GANE/

ASLBP/ Docket 50-160-REN files and also placed in the 50-160 File on Tech and their Neely Nuclear Research Reactor, and that the-testimony to the Honor-O le Judges and approx. 500 pages of support documents were entered under my 2.206 Petition.

2)' You all haven't heard frca me partly because dealing with the White House, the DOE, the NRC (O sent the Honorable Judges ,who I hold in high esteeem) on these issues is similar to being gassed in the trenches in WI.

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2 If anything is eveer achieved for the good of hu:nanity, it is a) short lived,

1. b) those in positions of authority or power repeat the process in other guises, usually for reasons of greed and power but often out of sheer stupidity,so the sacrifices made have little tffect , c) the cost is maiming, d) something worse than gas gets invented by people who should be safely tucked away in asylums for the criminally insane rbub,who are instead held up as personages to ha emulated. And it's all business as usual.

I just finished reading NRC's " Proposed Findings of Fact. .'.'. blah , blah of Oct. 25th, 1996, on the famed License renewal. I believe the title should be changec to " Techs' radioactive ants are"not substantially worse " than others in our Proposed Findings of Fact" , or something like that - I mehn every time NRC opens its mouth on the Tech issue it seems to put both feet in it. To say/ make comparisons with how badly other reactors are run across the country in an attempt to make Tech with the highest number of violations in all, look better is a bit like saying

  • that even though Joe, ' Ibm and Harry are drug dealers - Izzy in Atlanta , who is also a drug dealer is not quite as bad as 3 3 Izzy doesn't do as much cocaine even if his marijuana cales are up. Its ludicrous and its dangerous and its WRONG. (see pages 96/97 ) And the radioactive ants in Cherry Emerson -- p.133 - are appalling - ants have extensive tunnelling systems and can spread contamination all over, let alone pass on mutatifons to other ents and to any birds that may devour them etc. etc. NRC is sure to say that having radioactively contaminated ants strolling around a university campus has nothing to do with whether or not that dump of a reactor should be relicensed.

Or that it is in an area of stuff licensed by the state. It would show that the State should not be allowed to license anything and that since reactor HP staff also have oversight it shows chat Tech can't be trusted to handle their radiation programs on campus as they are once again causing contamination.

In one of the mountain of letters NRC has sent me (some of which I could not pick up fran the post office so they got returned to NRC- probably doesn't matter anyway as they were sure to be full of the same runaround) h goes into the tritium contamination found in soil (Esp up sail, rrta2n*T*'at

3 d the reactor as3 measured in grams, with the conclusion by some bunch of 1

great minds, that it was all no big deal, that the " total effective dose from theH-3isinsignificant",(NRCInspectionReport 50-160 % -03 )

First, neither pWople nor animals stand on one gram of soil. Multiply those contaminated grams of soil and you have got one big radioactive mess, all leaching t groundwater. S e same applies to the CO-60, Cs-137)U 238, U 235,.Ra 226 and 2-232 found. (the words " 2e measurement results indicate that there is essentially no co-60 present" are enough to gag a mule) 'Ihink in terms of the thousands upon thousands of kilos of soil from the top of which a little scrape was taken and the picture looks very bleak, but hey, EPA um3am levels vere not exceed the same EPA who just dumped thousands of contaminated sites from their cleanup lists (& uldn't be bothered with all that public health and environmental safety either ) We same EPA that regulates the ENSCO incinerator in El Dorado, Arkansas thathasbeenburkng"plutoniuminviolationofFederallawsc.wehavenothingtovor about .... The-reactor basement area it roped off as it is contaminated, but that's OK too it seems. NRC has conclud " its not spreading outside the controlled area

- translation = past the rope. Give me a break... 21 mr/hr and lots of use of the

.vord " indicated" Not very specific is it ? In the Oct< 25th 1996 NRC Radio-active Ant document we find that j management can reach consensus on what goes in inspection reports even though they did not do the inspection. Disgraceful.

In NRC's Sept. 26th letter to me it is stated I never provided anything on the  !

mud flap that blasted reactor sits on. I have repkhted until I'm blue it is in the ORIGINAL 1960 Safeguards Report. I included the p.' art

-in my back-up documents which go with the testimony to the judges and which I sent.in to be put under my 2.206-Petition to NRC,2e page in the Jan. 1960 Safe-

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guards report is page 80. First and second line of the second paragraph "The flat tank bottom rests upon concrete footings and a NJD FLAP" Among the worst, is that the NRC and Tech allowed the William Downs situation to go on and on. And nov, we have an Assistant Reactor Manager, who is barely out of diapers) appointed to such a position at such a terrible facility. No matter how good he might be, or thinks he is, this is no place for young graduates with little experience except as a student there. . Its no place for anyone, period.

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I could continue to disect the thousands upon thousands of words and reams of paper on this entire situation, but it appears the vay a lot of it is handled is done in other ways anyway. For exanple, I have been told some of it was handled over dinner. If this is the case, then the NRC can tell Mr. Gore (and Mr. Clinton ) that chatting to the Governor ovar dinner about what to do concerning the reactor (prior to the Olympics) just owsn't quite get it. And If leaving the whole sorry mess downtown is the White House, NRC and DOE's idea of protecting the public and the environ-ment and ground water supply , that is pretty pathetic.

NRC , in an Oct 24th 1996 letter to me (NRC'sresponsetomyJune27, '96 phone call tc Pres. Clinton on the dangers concerning this dump of a radio-active ccanplex- ) NRC " assure" (S) me that the way the entire situation was handled before, during and after the Olympics was that everyonei.e. the Federal Government including the NRC (Nrc's worde) took " appropriate action" to " ensure an acceptable level of protection for public health and safety with regard to the Georgia Tech Neely Nuclear Research Center, because I ha said (more or less ) nothing had been done, and everyone who has dealt with n on this issue knows that I mean NOTHING OF SUBSTANCE REGARDING REMOVAL OF EVERYTHING OUT OF DOWlf10WN. 'Ihe hundreds of thousands of Curies of Co-60 are still there etc. etc. MayIremindNRC,thatasareaultofmyraisingcert194 security issues to FBI and NRC -(which nMther had considered) - certain major secutity. upgrades were undertaken}but my point had been to remove every-thing. You all threw money at it, but the problem is the same. IT'S.THERE.

Furthermore, the Head of Government Secured Installations'at Tech was not even aware that the underground maze containing the infamous co-60 irradiator existed a stones throw f; rom the Tech Presidents house and the Olympic housing.

He found out when I told him, which he and ,I both found outrageous in that he had to be told by an "outside" person. Had it been exposed, or gotten into the wrong hands, it could have killed countless people, not just poor bunny rabbits and dogs that sickos experiment on. And where is it now ? Still

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5 kuck under that useless 7/8ths of an inch thick containment dome ?

We damned thing should be sent back to the Canadians from whence it came.

t I am coupletely against any re-start of this dung of a reactor. In an article in the 1/1/1965 issue of the Atlanta Constitution / Journal it showed how the reactor first went critical for about five minutes, after which they had a malfunction and had to shut it down. Unsaid, is whah Mr. Boyd told me, namely that the place filled up with radioactive Argon and leaked like a sieve.

It has been one malfunction, leak, disaster ever since. - a recent example (one of a bunch) is in the July 3rd 1996 Notice of Violation and Notice of Deviation NRC Inspection Report 50-160/96-02 concerning the contamination event during the March 18th to March 29th 19% timeframe where it was found about 100 square feet in the reactor containment building was reading about '

400 cpm above background - (MIAT background ???) - the excuse was the usual .

Bere was also alpha and beta going out the cupola over the high bay roof, but hey, below the limits ... (pity it wasn't done when I had asked for it, i.e. during the fuel removal) . Wen we have all that interfer Ance from

" naturally occurring radon" going out the stack (come on guys, ) O d the

" licensee does not routinely decay correct fur the particulate radioactivity".

And there were activation products present-in the floor fuel storage water but no fission products (how lucky can we get ?) _;

Unlike some of the GANE positions on this dump, I believe the entire complex should be dismantled piece by piece and all' nuclear material and the contaminated campus soil removed and taken to a " government National Sacrifice Area" such as SRS or Oak Ridge as those-sites are already contaminated beyond belief but some containment is being done at those sites. I would n_ot necessarily say this if the Tech Reactor and complex were not in the midc.e of a city on a campusy in a 3

high groundwater area and part of the Chattahoochee River Basin upon which millions depend., as I am not in favor of shunting this radioactive crud around the nation under most circumstances. Plus these sacrifice areas are close, so students and faculty can go there to study how to clean up Dante's Inferno.

There is contamination at the facility and in soil outside, NRC itself also now admits it even whlie trying to play it down. I said there would be, there is.

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As copies of this are going to two law enforcement / intelligence agencies most people don't want to either go near or touch with a ten foot pole, namely the C.I.A. a and the FBI (toth of whom may well have been wasting their time for years tracking people like myself and getting all their info wrong in the process anyway (l) in-stead of going after criminals and terrorists and the criminally insane - I could not resist this little aside) I want to make it clear that the reason they are getting it, is sheer desperation on my part, as I hope SOMEBODY will wake up and realize s mething has to be done about this situation to get this nuclear mess out of downtown Atlanta ( and similar off other University campuses) as it is a sitting duck for any criminal mind out there as I have said repeatedly.

Memo to the CIA and the FBI Are you guys aware that nuclear crud is being sont round the world on an almost continuous basis ? By land, sea and air ? Want more details ? Come and see me sometime.

Metto to the CIA, the FBI and President Clinton : According to news reports, the President is going to appoint the former Secretary of Transportation, Mr. Pena to head the DOE. Now Mr. Pena may be a very nice man, but as far as heading the DOE is concerned j it is absolutely insane to appoint someone who just fell off the turnip truck with regard to detailed knowledge about all of the nuclear age from wea pons to health effects to the thousands of dumpaites contaminated with radiation.

It is an outrage. PUt it another way : If someone owns a hotel and needs a chef, "

they do not go out and hire a truck driver who only knows how to cook han and eggs.

The head of the DOE should be a radiological health specialist with a broad knouledge of all the aforementioned and a special concern about the effects of radiation on children and the environment. Does the fact that the DOE wants to anip enormous amounts of highly radioactive, deadly waste across the US by road and rail over the next twenty years, despite the fact that their own documents show how many deadly 2

catastrophes will occur , have anything to do with a Transportation Secretary being nominated ? Ah, I wonder......

Nothing quite like sacrificing the public on the altar of stupidity to please the pdople who have profited frm creating the nuclear nightmare, fra scientists to waste haulers;is there ??? One little mishap and there goes up to $2o BIILION dollars in cleanup costs, countless lives and miles of dead land out the window, but DOE is ready to risk it. Read the documents. It's criminal.

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