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		                                   4. U.S. Department of Energy 2004 LENR Review — The Inside Story 
		By Steven B. Krivit 
		May  2004 was an historic time for the field of low-energy nuclear reaction  research.  
		On  May 13 that year, eight people convened a conference call to discuss the plan  for the second Department of Energy review of "cold fusion"; this time, the DoE called it LENR.  
		
		The  proposers on the call were David Nagel (George Washington University), Peter  Hagelstein (MIT and Naval Postgraduate School), Michael McKubre (SRI  International) and Randall Hekman (Hekman Industries). Representing the DoE were staff members  Patricia Dehmer, Dennis Kovar, Gene Henry and James Horwitz. 
		As  auspicious as this phone meeting was, tragic news soon broke. A day later, the  field lost its most outspoken proponent, Gene Mallove, founder of Infinite  Energy magazine, in a brutal and still-unsolved murder. (See article in  this issue A Tragic Event in  LENR History.) 
		The  DoE review was a turning point: the first time in 14 years that the DoE  formally looked into the field. Many LENR researchers were hopeful that the DoE  would finally begin to take seriously and fund LENR. McKubre and Hagelstein  formed a startup, Spindletop Corp., a week later, on May 22. 
		However,  the consensus was not strong enough to support a funding commitment by the DoE.  
		Genesis  of the DoE Review 
		
		  The  idea of a second review of LENR was initiated not at or by the DoE but by LENR  proponents. The idea was born at a lunch meeting at the International  Conference on Cold Fusion in Boston. 
		Much  of the credit for getting in the door at the DoE goes to Randall Hekman, at  that time president and CEO of Hekman Industries. 
		Hekman  discussed the idea with Nagel, and they approached Hagelstein and McKubre, whom  they believed had the most credibility and ability to make a professional  presentation.   
		"I  remember sitting across from Peter Hagelstein at a lunch in Boston," Hekman wrote to New Energy  Times. "I said to him, ‘Let's approach the DoE to ask for another  review.’   
		“But  Hagelstein said, 'There is no way that will work.'  
		“I  replied that we could make it happen. ‘I know how to lobby,’ I told him, and I  personally knew Spence. That's where the idea started." 
		Spencer Abraham, a former U.S. Senator, was the secretary of Energy at the time and, like Hekman, came from Michigan. Hekman's former job at the Michigan Family Forum brought him in direct contact with Abraham on multiple occasions.  
		"This  connection helped create the opportunity for the LENR group to initially meet  with DOE staff and make our case for another review, which ultimately led to  the August 2004 gathering,” Hekman wrote. 
		The  first preliminary meeting took place a few months later, on Nov. 5, 2003.  Nagel, Hekman, McKubre and Hagelstein met with James F. Decker, principal  deputy director of the Department of Energy's Office of Science.  
		News  of the Department of Energy's renewed interest first appeared publicly in March  2004 in a short article written by journalist Bennett Daviss in the British  journal New Scientist.  
		Though  no press release was issued, Department of Energy representative Jacqueline  Johnson confirmed in a telephone call to New Energy Times on March 17, 2004,  that the department had begun laying the groundwork for a second review of  "cold fusion." 
		The  outcome of the May  13 planning meeting was the agreement between the DoE and proposers about  the structure and process of the review.  
		The  DoE, aided by suggestions from the proposers, selected 18 reviewers. They  received eight papers to read, including a new review paper written by the  proposers. Eleven of the reviewers attended a daylong presentation and  discussion with LENR researchers on Aug. 23, 2004. The panel did not make any  laboratory visits. Despite the limited approach, some of the reviewers  recognized the possibility of novel phenomena. New Energy Times obtained a copy  of the reviewers'  comments. 
		The  proposers (also noted as principals in some documents) were asked to write a  single review paper that would "provide a summary of the status of the  field which articulates what are considered to be the most recent significant  experimental observations and publications, and identifies those areas where  additional work would appear to be warranted based upon what has been learned  from progress in this area."   
		Some  LENR researchers criticized the proposers' review  paper [1] because it did not provide a comprehensive review of the field but  prominently featured the research of the review’s proponents. 
		For example, two significant topics were omitted from the review: low-energy nuclear transmutation with heavy elements and nickel-hydrogen research. The LENR proponents who requested the review provided one set of explanations for the omission; the DoE provided a contradictory explanation. We discuss this discrepancy below. 
		The  review paper primarily featured the excess-heat work performed in experiments  by the McKubre group at SRI, and in this category, these experiments are  top-notch and were appropriate choices to include. 
		However,  one of three main points in the review paper's conclusion was that an agreement  exists between the measured values of excess heat per helium-4 and the ~24MeV  prediction of the hypothesized D-D "cold fusion" reaction. 
		The  article “The Emergence of an  Incoherent Explanation for D-D ‘Cold Fusion’" in this issue of New  Energy Times explores in depth the problems with the 24 MeV D-D "cold  fusion" claims. 
		The  Face-to-Face DoE Review 
				  The  all-day meeting with the DoE, LENR proponents and the 11 reviewers took place  at a hotel in Rockville, Maryland. (Copy  of the meeting agenda) 
		"I  approached the meeting with great excitement and anticipation," Hekman  wrote. "Our task force (McKubre, Hagelstein, Nagel, Hubler and myself) had  worked very hard to produce the report. The night before our in-person  presentation, we met as a team to make final preparations for the event. I think  we all felt a sense of expectancy. 
		"As  we assembled that next morning in suburban Maryland, the individual panel members  seemed very cordial and eager to delve into the question at hand.  I was impressed with the diversity of the  panel and their impressive pedigrees.  I  felt very grateful to DoE for taking the time and money to organize this  review. 
		"During  the morning, various members of our team and others who had been invited to  assist us gave their perspectives. My read on the review panel, based on  questions they asked as well as their body language, was they were generally  supportive and impressed with the testimony. It’s difficult to argue with data  when it is carefully presented. 
		"When  we broke for lunch, I remember feeling particularly good about the progress I  sensed we were making with this group. I felt so good that we gathered in a  courtyard to have our picture taken. 
		  
		
		  The  men who proposed the "cold fusion" review to the U.S. Department of  Energy: (left to right) Randall J. Hekman (Hekman Industries, LLC, Grand  Rapids, Mich.), Michael C. H. McKubre (SRI International, Menlo Park, Calif.),  Peter L. Hagelstein (Massachusetts Institute of Technology, Cambridge, Mass.),  David J. Nagel (The George Washington University, Washington, D.C.) and Graham  Hubler, (Naval Research Laboratory, Washington, D.C.) 
		"But  then, at the start of the afternoon session, things took a decided turn for the  worse. Our team began to suggest theories to explain the research data.  Hagelstein stands out in my mind as being one who offered his theory. As he  talked, I clearly remember the eyes of many panelists begin to roll, the looks  on faces expressing incredulity. Their questions and comments began to take on  a derisive tone. Little by little, we lost the crowd at this point, in my  opinion.   
		"Being  optimistic by nature, I still held out hope that we would get a positive read  from the panel. But such was not to be. I believe our failure to convey a cohesive  theory of LENR caused us to lose the argument and, hence, waste much time and  resources." 
		Hekman's account may reflect a problem with the way many people view modern physics. Compelling experimental data, even without an accepted theory, should overcome honest scientific skepticism. But in the case of LENR, buying into the hypothesis of the D-D "cold fusion" reaction seemed to be too much for skeptical scientists to accept. 
		Discrepancy  in Explanation of DoE Review 
				  A  month before the DoE released its final  report on the review, McKubre
		  gave  a presentation to the LENR field in Marseilles, France, 
		  on  the review process. A detailed slide  show and a recording of that Nov. 1, 2004, presentation are available at New Energy Times. 
		McKubre  devoted a fair amount of time to what he and his colleagues asked of the DoE  and what they got instead. Both the DoE and McKubre agree that a summary of the  "status of the field" was the objective. 
		However, that didn't happen. Instead, what was supposed to be a summary of the field focused mainly on McKubre's research and areas within his own experience. In his presentation, McKubre implied that DoE is exclusively responsible for the scope the review paper that McKubre and his colleagues wrote. 
		"We  wanted a comprehensive review of the field, of the whole field, of everything  that had been done since the original ERAB report," McKubre told the 11th  International Conference on Cold Fusion audience. 
		"So  we were faced with a bit of a dilemma here,” he said. “What we had asked for  and what had been agreed to was very different from what was on the table. We  had to trust ourselves and trust, in part, the progress of this whole field.  The results of this deliberation [would] affect in some way everybody in this  room. 
		"The  brief format did not allow us to review the field. In 15 pages, how can you  review the field of cold fusion?" 
		In  fact, writing a review of the field in 15 pages is possible. This writer  recently did exactly that in the Journal  of Environmental Monitoring last year. [2] 
		On  May 7, 2008, New Energy Times sent an inquiry to the DoE and asked what  instructions, particularly with regard to scope, it gave the proposers. 
		Patricia  Dehmer wrote back to New Energy Times and explained how she and Kovar conducted  the review. 
		"DOE  did not prescribe what topical areas were to be included (or excluded) from the  review document,” Dehmer wrote. “My notes of an initial conference call with  the principal investigators show that the following was the DOE position  regarding the Review Document.  
		“'Principals  will provide a summary of the status of the field which articulates what are  considered to be the most recent significant experimental observations and  publications, and identifies those areas where additional work would appear to  be warranted based upon what has been learned from progress in this  area.'"   
		References 
		1.  Hagelstein, P.; McKubre, M.; Nagel, D.; Chubb, T.; Hekman, R. "New  Physical Effects In Metal Deuterides." Submitted to the 2004 U.S. Department  of Energy LENR Review. 
		2.  Krivit, S.; Marwan, J. "A New Look at Low-Energy Nuclear Reaction  Research." Journal of Environmental Monitoring. Accepted for publication:  August 26, 2009. Vol. 11. p. 1731-1746. DOI:10.1039/B915458M. 
		  
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