The San Francisco Examiner from San Francisco, California • 4

A-4 Wednesday, 8, 1995 SAN FRANCISCO F.XAMINEH Criticism sispsrlaser suppressed ddi report ti; lift' rwT' SfjS '( sA (the laser); otherwise, we'd just be creating problems for to the project The alleged downsides include the harm it could cause to arms control negotiations and its debatable relevance to future energy generation. Laser proponents on the panel and at the Energy Department defend the report's failure to disclose the depth of opposition to the project Galvin said he was "pretty comfortable" that the final report represented the view of the majority of panelists by the time it was finished. "We had disagreements on issues, but they were very businesslike," Galvin said. "I think on every subject there was somebody who wasn't for or against every decision." Galvin also said he wasn't upset by O'Leary's decision to push the superlaser ahead before his committee finished its report Galvin said, "It would be a terrible thing for people to hold up doing things just because some studies are going on. II.

(ii li) U.S. NAVY iiSi sfav sailors released Firm defies Navy on use of poster By Carol Nesi OF THE EXAMMER STAFF Defying a Navy threat of "big jeopardy San Francisco multimedia producers are releasing their new CD-ROM on gays in the military this week with a photo of a disputed recruiting poster intact The U.S. Naval Academy had denied ApolloMedia permission to reproduce the 1972 poster of two midshipmen, one of whom was later discharged for being gay. ApolloMedia wanted to use the poster as one of 2,000 illustrations photographs of gay and lesbian service members and government reports on gays in the military plus 45 video clips it's incorporated into the CD-ROM version of Randy Shilts' last book, "Conduct Unbecoming." After delaying its release for nearly a week because of the Navy snafu, ApolloMedia President Clinton Fein announced Tuesday that the CD-ROM, complete with poster, would be in stores Thursday or Friday. "We think the (Navy's) real motivation is prejudice, and we fortunately are not service members and don't have to be silenced," Fein said.

"We can tell and we will. The bottom line for us is the poster, in our opinion, is in the public domain." He added, "The worst that can happen is the Navy will sue us. Well, sue us." Naval Academy spokesman Noel Milan in Annapolis, said, "This is preposterous. They asked us for permission and we denied them permission." SUPER LOTTO Saturday's draw: 9 12 24 25 Saturday's prizes: 31 51 Prill in Score Winners MIS Sell 4ofS 0 109 ,715 4,000,000 1,716 72 The latest Super Lotto drawings. Date Numbers Marl Feb 25 Feb 22 Feb 18 Feb 15 Feb 11 Feb 8 10 1 10 2 7 IS 4 26 16 26 25 10 23 40 18 31 32 11 24 11 47 43 46 37 33 48 21 48 44 47 48 47 49 33 TV ad Feanstein Is it worth It? Yet opposition to the superlaser persisted.

The next month, staffers distributed questionnaires to panelists asking them to respond to statements including this one: 'The National Ignition Facility is worth its billion-dollar (sic) price tag for its contribution to science-based (nuclear) stockpile stewardship, to long-term energy supply and to basic research." Results supplied to The Examiner showed that one of the 23 panel members expressed strong agreement, six agreed, three disagreed, five strongly disagreed, five had no opinion, and three didn't respond. In short, eight openly doubted the laser's merits one more than those who backed it. When the Galvin report was issued in February, it expressed support for the laser while briefly detailing its possible problems; it said nothing about internal opposition MCCLATCHY NEWS SERVtCC SACRAMENTO Their high-spending Senate race was decided four months ago, but Republican Michael Huffington is again running a selt-fuianced TV ad criticizing Democratic Sen. Dianne Fein-stein. The 30-sec-ond spot attacks Feinstein for voting against the balanced budget amendment to Huffington the U.S.

Constitution which was narrowly defeated in the Senate last week after supporting a similar measure last year and campaigning on it as well. "In the real world, deceiving people is called fraud," Huffington says in the ad. "In politics, deceiving people is for some a way of life." A spokesman for the National Republican Senatorial Committee said the spot is running in major California TV markets and in Huffsngton attacks Boyd E. "Eddie" Graves, left, was the Navy recruiting poster. Later he was He said that because the poster displays the U.S.

Naval Academy crest, which is trademarked, the Navy has sole authority over its commercial use. He would not reveal if the Navy plans to sue, saying only, "We're evaluating the situation." Interviews, photos added The CD-ROM adds video of interviews with current and former gay and lesbian service members, plus family photos, to the text of Shilts book, a history of the U.S. military's exclusion of gays. One of the added interviews was with Boyd E. "Eddie" Graves, who appeared with another midshipman in the disputed recruiting poster.

Graves said he was the first DAILY 3 Tuesday's draw: By Keay Davidton EXAMNER SCENCf WHITER A federal panel that recommended giving the go-ahead to a $1.8 billion suerlaser at Lawrence Livermore National Laboratory was more deeply split over the device than previously believed, with more members actually opposing the project than backing it, internal documents show. In February the federal panel's final report advocated building the so-called National Ignition Facility, although an internal memo showed substantial opposition even after the Energy Department announced plans for $55 million worth of initial planning studies. Emotions ran high: An ex-Air Force general on the panel was quoted as warning that Livermore would die if the superlaser were not funded, while opponents dismissed it as a waste of money that even some nuclear weapons scientists testified isn't needed. "The split was very deep," said one panelist and laser foe, Dr. Dan Kerlinsky, a New Mexico psychiatrist who served on the so-called Galvin Committee's national security subcommittee.

But opponents "just got tired of fighting over it and let (a report backing the super-laser) drift through." The committee chairman and a top Energy Department official defend the Galvin report and say it accurately reflected most panelists' views by the time the report was finished. A year ago, Energy Secretary Hazel O'Leary appointed the 23-member panel chaired by Motorola executive Robert Galvin to advise her on the future of the national laboratories, including the three nuclear weapons labs Livermore; Los Alamos, N.M.; and Sandia, N.M. Livermore eager for laser Their tasks included reviewing plans for the superlaser. Livermore officials are eagerly seeking the project, mainly for simulating nuclear weapons blasts after an anticipated international ban on nuclear bomb tests. The laser would also be used to investigate ways to generate nuclear fusion energy and to model the interiors of stars.

In October, more than three months before the Galvin Committee issued its report, O'Leary came to Livermore to announce that she was backing $55 million worth of initial design and environmental studies for the superlaser. The announcement came just two weeks before the November elections. O'Leary's announcement skewed panelists' hopes for a sober assessment of the superlaser's pros and cons, said Kerlinsky, who also serves on the board of the anfi-nu-clear group Physicians for Social Responsibility. When O'Leary endorsed the project, Kerlinsky said, "Some people said, 'See? It's a closed deal, the matter's finished. Let's support R1NALDI 12 Street, San Francisco 981.0900 first African American used in a discharged for being gay.

African American used in a Naval Academy recruiting poster; five years later he was honorably discharged because he was gay. The CD-ROM includes the poster as part of a photo album of gay and lesbian service members. In denying permission for use of the poster, Naval Academy lawyer Capt J.D. Scranton told Fein that the poster falls under federal trademark protections. In a subsequent phone call, according to Fein, Scranton added that the second midshipman in the poster had not granted his permission for its use, and that the academy didn't want to appear to be endorsing the CD-ROM.

Threat of 'big Jeopardy' Scranton threatened "big jeopardy" if the poster wasn't removed, Fein said. "I could only assume (he meant) litigation," Fein said. "I didn't think he'd come out here and beat me up." Fein said he asked for permission as a routine courtesy, but believes he has the right to use it without approval under First Amendment guarantees of freedom of expression. Before releasing the CD-ROM, ApolloMedia lined up a promise of legal help from Cooley, Godward, Castro, Huddleson Tatum, Fein said. Jill Alofs, whose Mill Valley business Total Clearance specializes in getting clearances for multimedia productions, said most government work is in the public domain "but you cannot assume that it is." 3 The Examiner corrects errors.

Please notify the editor: P.O. Box 7260, San Francisco 94120. SNA Sizes Only at MaxMara 175 Post FANTASY 5 Tuesday's draw: 4 6 24 30 DECC0 "uesday's cards: yA A3 0 9 43 State demands more info in probe of billing CHRISTOPHER WALLING AND HIS BRAVURA 1995 JEWELRY COLLECTION ON HAND Washington, D.C., but he did not know how much Huffington is spending on it Feinstein has said she would support the amendment if it included a safeguard for Social Security. She said she voted for the 1994 version believing Social Security funds would not be jeopardized, but that she now believes Republicans do intend to use those funds to balance the budget. "Maybe Michael Huffington just wants to keep up his name identification for his next attempt to buy a public office," Feinstein said Tuesday, "but my sole concern in the balanced budget debate is to protect the Social Security Trust Fund." Two weeks ago, Huffington told the California Republican Party convention that he was thinking about running either for governor or for Democratic U.S.

Sen. Barbara Boxer's seat in 1998. Huffington spokeswoman Jennifer Grossman said Huffington's ad has nothing to do with his campaign plans, but she confirmed that he will run again. Scores of customers said the utility's phone lines were constantly busy, preventing them from reporting outages. Valerie Beck, a utility consultant in the PUC's consumer affairs division, said her office had received dozens of calls on each of the issues noted in the new order.

Beck said a rash of estimated-bill complaints began around the first of this year. "said it did not have manpower to read the meters" and "that is just unacceptable," she said. Another area of mass complaints concerned rate options. Customers alleged that "failed to inform them of their service options upon initiation of service and has placed them on tariff schedules that may not be most economic for the customer," the PUC said. Delivery questions Local (415) 777-7800 Statewide 1-800-281-EXAM For missed deliveries, cal during times listed below for a paper to be reoekvered: Mon -Fri 6 -7 pm.

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San Francisco, CA 94103 POSTMASTM: tees' eeerat ckaafM tr. Sm Fraedin EiantMr I.I.St By Dale Vargas MCCLATCHY NEWS SERVICE On the heels of a far-reaching state investigation into performance during January's storms, the state Public Utilities Commission has widened its inquiry- The state agency is ordering to explain complaints that it has estimated too many electricity and natural gas bills rather than actually reading meters, that it has charged customers at unnecessarily high rates and has closed too many customer-service centers. The commission already was investigating the quality of service, particularly during January's storms. The rain and wind caused power outages to 1.4 million of the utility's 4.5 million customers in Northern and Central California. i i "Nt Lottery recording: (415) 875-2220 (English) (415) 875-2240 (Espanol) San Francisco office: (415) 875-2200 FRIDAY WEEKDAYS SUNDAY NOON TO 5 135 POST STREET AND 30 MAIDEN LANE 'I y.V A-1 wo AW' TODAY, TOMORROW 1 1 FROM 1 1 AM TO 4PM.

I Vr r. II 'RE-INVENTORY tan Jrancisco 7SA Second Clara Postage Paid al San Francisco How to reach the editors Aea Code 415) Executive Editor 777-7761 Managing Editor, News 777-7760 Operations 777-8736 Job Hot Un 777-7895 Reprint permlealon 777-7769 News departments (Area Code 415) Aetltlant Managing Editor, Desgn 777-7824 Enterprise 777-7886 Newt ForeignNational Editor 777-8712 Desk 777-7964 Fa 543-3392 Local New deek News Ij6 777-7850 Fax 777-2525 Metro Photo Photo Photo Rob Mall: San San Marin Oaklend Additional each Editor 777-7881 deek 777-7840 Editor 777-7841 reprint 777-7790 Promotion 777-7770 Mora 777-7831 Stephanie Salter 777-7885 Switchboard 777-2424 Address the appropriate departmental Francisco Examiner Box 7260 Francisco, CA 94120 Bureaus (415)479-4114 (510)832-7833 Sacramento (916) 445-4310 Peninsula (415) 777-7891 Washington (202) 296-6920 tstmgs are located in section Final days 20 to 75 off selected merchandise now through March 11 only. Sale strictly limited to stock on hand. TV aval tmlaNe eelltrtlm t( Kurefimn china (, cryntal In Amnio. Paul xUamrisc I A I 6 I I I 1 156 Geary Street San Francisco, CA 94108 (415) 421-6862 The sixth Item Is free, when you purchase five of the same item al the same time Soc merihandiv ndudrd AN FRANCISCO mytt.

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