NRC: CLI-07-28 - Entergy Nuclear Operations, Inc. (Indian Point Nuclear Generating Units 2 and 3)

				Search Options
Index \| Site Map \| FAQ \| Facility Info \| Reading Rm \| New \| Help \| Glossary \| Contact Us

UNITED STATES OF AMERICA
NUCLEAR REGULATORY COMMISSION

DOCKETED 12/12/07

SERVED 12/12/07

COMMISSIONERS:

Dale E. Klein, Chairman
Gregory B. Jaczko
Peter B. Lyons

_________________________________________

ENTERGY NUCLEAR OPERATIONS, INC.

(Indian Point Nuclear Generating Units 2 and 3) _________________________________________

)
)
)
)
)
)

Docket Nos.

50-247-LR and 50-286-LR

CLI-07-28

MEMORANDUM AND ORDER

Before us is an appeal of the Atomic Safety and Licensing Board's December 3, 2007 Order censuring Mr. Sherwood Martinelli, the lay representative for a petitioner to intervene in this proceeding. In particular, the Board censured Mr. Martinelli for both his failure to comply with a procedural Board Order and an ad hominem charge in response to a Board action. The charge appeared in correspondence with the NRC Staff that Mr. Martinelli provided to the Board members and other participants. Unpublished Order at 2 & n.2 (Dec. 3, 2007), citing Sherwood Martinelli's letter to Sherwin Turk at 1.

In matters of case management such as this, we generally defer to the Board. We view the Board's Order as a reasonable response to Mr. Martinelli's conduct. See 10 C.F.R. § 2.314(c) (authorizing reprimand, censure or suspension for "contemptuous conduct"); Metropolitan Edison Co. (Three Mile Island Nuclear Station, Unit No. 2), ALAB-474, 7 NRC 746, 748-49 (1978)(chastising a pro se intervenor for using "insulting and disrespectful" language). We therefore defer to the Board and affirm its December 3 Order.

IT IS SO ORDERED.

For the Commission

/RA/

___________________________
Annette L. Vietti-Cook
Secretary of the Commission

Dated at Rockville, Maryland,
this 12 ^th day of December, 2007.