!!!!! Jaclyn A. Brilling Secretary to the Commission NYS Department of Public Service Tel. (518) 474-6530 ----- Forwarded by Jaclyn Brilling/Exec/NYSDPS on 07/11/2008 06:02 PM ----- "Dr. C.F. Vasile" 07/11/2008 04:53 PM To cc "Adrianne Esposito" , "Marc S. Allessi" , "John Leo" , , "EPA_Marina Castro" , , "Carmine Dell Aquila" , "Courtney Sprague" , "David Tobenkin" , "Senator Schumer_NY" , "Demetrios Pulas" , "Denis Brown_SC Atty" , "Denise_Knudsen" , , "Assemb: Patricia A. Eddington" , "Romaine, Edward" , , "Assemblyman Englebright" , "EPA_Ken Eng" , "Eugene Leff" , "Councilman Fiore-Rosenfeld" , "John J. Flanagan" , "Frank P. Petrone" , "Gail Lolis_SC Atty" , "National Grid-UK" , "Glenda A. Jackson" , "Ulirsch" , "Harry A. Faulkner" , "Kathleen Hogan EPA_CPD_Dir" , , "Irving Like" , "Eddington, Jack" , "Jack Nasca_NYSDEC" , "Jim Pearsall" , "Johan & John McConnell" , , "Jose Rivero" , "Kristee Iacobucci" , "Lisa Kwong" , "Leslea Snyder" , "Carl L. Marcellino" , "Mark Cuthbertson" , "Martha Krisel" , , "Peter Quinn" , , , "Philip Ingerman" , "Peter Keane" , "Andrew P. Raia" , , "R. Fernandez" , "Ridgely Ochs" , "EPA_Elias Rodriguez" , "Susan A. Berland" , "Cockfield, Susan C" , "NYS DOL" , "Berry Shore" , "John D. Smith" , "National-Grid_UK" , "Tom Bermel" , "Fosdick, Timothy MST1" , , , , "Sheldon Sackstein" Subject Motion to Recuse; NYPSC Cases 06-M-0878 & 06-G-1185 & 06-G-1186; Related Cases: 01-M-0075 (NIMO d/b/a National Grid), & 98-M-0074 (LILCO d/b/a LIPA/KeySpan Corporation)& Broadwater Motion to Recuse National Grid and KeySpan - Merger Petition and KeySpan Energy Delivery New York and Long Island - Gas Rates NYPSC Cases 06-M-0878 & 06-G-1185 & 06-G-1186 Related Cases: 01-M-0075 (NIMO d/b/a National Grid) & 98-M-0074 (LILCO d/b/a LIPA/KeySpan Corporation) FERC Docket ##EC06-125, EL06-8 & CP06-54-000 (Broadwater) Hon Judge Lynch: Your email below indicates bias and prejudice that makes you incapable of being impartial because I had a right to file a 2nd Petition for Rehearing, whether or not you heard my Motion. Additionally: 1. The "North-Sea CERCLA Case" attachment indicates LILCO has two DBA's under your jurisdiction, as you would have known had you opened the attachments instead of merely scanning "the document below" as you put it. 2. If you knew this in January 2007, then you and Commissioner Acampora intentionally obstructed justice and discovery during Public Hearings in Suffolk County by objecting to questions about LIPA by the Public & Suffolk County Legislators --- while concealing the fact that you had jurisdiction over the Long Island Lighting Company d/b/a LIPA/KeySpan Corporation; a co-defendant of Suffolk County in the North Sea CERCLA case (CV-06-6650) and parties to related CERCLA cases. 3. I seem to recall more than one County Legislator attempted to discuss LIPA, but you and the Commissioner objected. 4. Neither my Legislator (Jack Eddington) nor Leg. Romaine's Aide (Bill Faulk) knew Suffolk County was sued and settled the North Sea Case and is a party to the Islip CERCLA case. 5. Did you know Suffolk County Attorney suborned illegal Judge Shopping, as exhibited by the civil cover sheets in the "Related CERCLA Cases" attachment, Consent Decree & Islip-Blydenburgh pleadings linked to www.gfxtechnology.com/LLL.html? 6. The Civil Cover Sheet used to commence the Islip CERCLA case in 2001 (CV-01-2001), in which Suffolk County, LILCO and its two DBA's are parties, properly identifies a related CERCLA case (99-CV-2745) in which they were not defendants. 7. See related CERCLA cases noted Table A of the attached "Brookhaven-Landfill-Comments"; based on your Complaint Summary & the FERC Conference Call arranged by Mr. Tobenkin. 8. As you know, the Civil Cover used to commence the North Sea CERCLA case (CV-06-6650) on 12/15/06 and Lawrence Aviation CERCLA case (CV-06 4148) on 9/6/06 are frauds because they failed to cite the Islip case. (I ought to know, because I was a victim of Judge-Shopping in State Court where the same Complaint was re-filed using perjured RJI's & Affidavits of Service until the "right" Judge was drawn. My wife and I then sued the Judge & Judge-Shopper in Federal Court and an Intervenor in this action, Lynda Nicolino, Esq., represented the Judge then suborned perjury by the Shopper & Process Server -- a self-admitted forger of thousands of affidavits of service according to his EBT.) Be that as it may, your email below seems to indicate that you & Commissioner Acampora knew, or should have known, and should be recused. Whatever the truth, the entire Record before the Commission & FERC are the product of fraud, deceit, collusion, illegal Judge Shopping, etc. WHEREFORE, the Merger approvals by FERC & the NYPSC must be rescinded in the interest of simple justice. Yours truly, Dr. Carmine F. Vasile Ph.D. Electrophysics Intervenor, PSC Case No. 05-E-0098 60 Herbert Circle Patchogue, NY 11772 T: 631-758-6271 (F: 631-730-3918) From: gerald_lynch@dps.state.ny.us Sent: Monday, June 30, 2008 11:52 AM To: Dr. C.F. Vasile Cc: Subject: Re: Errors of Fact & Law & Combined Petition for Rehearing; NYPSC Cases 06-M-0878 & 06-G-1185 & 06-G-1186; Related Case: 01-M-0075 (NIMO d/b/a National Grid) & Broadwater Dr. Vasile: I scanned the document below and am writing to tell you that I have no plans to process your latest arguments for review by the Commission or anyone else in this Department. I will not under any circumstances reconsider this decision so please do not waste your time asking. Any such requests will be ignored by me. It is readily apparent that most of the information in your note below has nothing to do with whether it was reasonable for the Commission to allow National Grid to acquire KeySpan Corporation subject to conditions intended to protect NY ratepayers. Indeed the note below is just one more indication that you lack any capacity to distinguish between matters that do and do not fall within the jurisdiction of the PSC and, as to matters within the Commission's jurisdiction, between matters that are and are not relevant to cases for which I have or had responsibility. Accordingly, I have no doubt that you were properly denied active party status in the Grid/KeySpan Merger case. Good day and good bye. Gerald L. Lynch Administrative Law Judge