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UNITED STATES OF AMERICA DOCKETED 12/12/07 SERVED 12/12/07 COMMISSIONERS: Dale E. Klein, Chairman
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 Unpublished Order at 2 & n.2 (Dec. 3, 2007), citing Sherwood Martinelli's letter to Sherwin Turk at 1.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.
Dated at Rockville, Maryland, |
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