APPENDIX Department Washington, G of Energy D.C. 205~45 March 31, 1981 Mr. Jonathan M. Ueisgall Ginsburg, Feldman, Well and Bress 1700 Pennsylvania Avenue, N.U. Washington, D.C. 20006 DearMr. Ueisgall: Me are in receipt ofyour letter of February 26, 1981, in which you propose a revised course of action relative to your letter of November 24, 1980, in regard to paragraph 10 of the Memorandum Agreement of October 27, 1978, settling the litigation in People of Bikini v. $eamans, et. al ., Civ. No. 75-348 (D-Ha.). lienote that the Bikini Council finds Dr. Jacob 1, Fabrikant to be unacceptable because of hls present affiliations. However, in view of the personnel and competence available to Epidemiology Resources, Inc. (ERI), the Department of Energy finds ERI to be acceptable as “.. having generally accepted scientific training and experience. ..” to review the results of the radiological survey of Bikini Atoll. Several points in my letter to you of January 22, 1981, need to be reiterated, however. Firstly, the Agreement speaks to “a qualified scientist,” and, while we have indicated a willingness to consider the participation of two scientists because of the multi-disciplinary nature of the material to be reviewed, we feel that a stngle person must be the resp~nsible agent. Furthermore, while the Department of Energy is wi11Ing to consider the participation of two scientists, your letter speaks to the involvement of three people; this goes somewhat beyond the terms of the Agreement and of our previous discussions. Such an expansion of the “independent scientist” will need to be the subject of further . negotiation. should agreement between ERI and the Department of Energy ultimately be reached, It must be clearly recognized and formally acknowledged by the Bikini people that this constitutes full and complete compliance by the Department of Energy in fulfilling its sole outstanding obligat~on under the Agreement. . Secondly, -29-