alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
NRC NEWS

 UNITED STATES NUCLEAR REGULATORY COMMISSION

OFFICE OF PUBLIC AFFAIRS, REGION II

61 Forsyth Street SW, Atlanta GA 30303

Web Site: www.nrc.gov

No. II-02-001 January 25, 2002

CONTACT: Ken Clark (404)562-4416 or Roger Hannah (404)562-4417/e-mail: OPA2@nrc.gov

 

NRC STAFF TO MEET WITH PROGRESS ENERGY/CP&L TO DISCUSS 

FIRE PROTECTION ISSUES AT HARRIS NUCLEAR PLANT

The U.S. Nuclear Regulatory Commission staff will hold both a regulatory conference and a predecisional enforcement conference with officials of Progress Energy/CP&L, operator of the Harris nuclear

power plant near Raleigh, on Thursday, January 31. The discussion will focus on the fire separation barrier

between two rooms housing electrical equipment at the Harris plant.

The regulatory conference, which is open to public observation, will begin at 1:00 p.m. in the NRC

Region II offices located on the 24th floor at 61 Forsyth Street in Atlanta, Georgia. The enforcement

conference, also open to public observation, will begin at 3:00 p.m. in the same location. NRC officials

will be available after both meetings to answer any questions.

At the regulatory conference, the NRC staff will discuss with Progress Energy/CP&L an inspection

finding with a preliminary determination of "white," indicating low to moderate safety significance. The

inspection finding involves a barrier between two rooms housing electrical equipment not having the

required three-hour fire resistance rating.

 Using the agencyís significance determination process, NRC officials classify certain conditions

at nuclear power plants as being one of four colors which delineate increasing levels of safety significance,

beginning with green and progressing to white, yellow or red.

An apparent violation, involving changes made to the plantís fire protection program without prior

NRC approval will be discussed at the enforcement conference and is being considered for enforcement

action. No decision on the violation, any enforcement action, or the final significance determination of

the inspection finding will be made at the conferences. Those decisions will be made later by NRC

officials.

###
§ 1203.21 Final order of the Board. Cross Reference
Link to an amendment published at 89 FR 72966 , Sept. 9, 2024.
( a ) *Invalid regulation.* If the Board determines that a regulation is invalid on its face, in whole or in part, it will require any agency affected by the order to stop complying with the regulation, in whole or in part. In addition, it may order other remedial action that it finds necessary.
( b ) *Invalidly implemented regulation.* If the Board determines that a regulation has been implemented invalidly, in whole or in part, it will require affected agencies to terminate the invalid implementation.
( c ) *Corrective action.* The Board may order corrective action necessary to ensure compliance with its order. The action it may order includes, but is not limited to, the following: ( 1 ) Cancellation of any personnel action related to the prohibited personnel practice;
( 2 ) Rescission of any action related to the cancelled personnel action;
( 3 ) Removal of any reference, record, or document within an employee's official personnel folder that is related to the prohibited personnel practice;
( 4 ) Award of back pay and benefits;
( 5 ) Award of attorney fees;
( 6 ) Other remedial measures to reverse the effects of a prohibited personnel practice; and
( 7 ) The agency's submission of a verified report of its compliance with the Board's order.
Editorial Note on Part 351
Editorial Note: Nomenclature changes to part 351 appear at 78 FR 62418, Oct. 22, 2013.

Editorial Note on Part 351
Editorial Note: Nomenclature changes to part 351 appear at 89 FR 20832, Mar. 25, 2024.

§ 351.106 *De minimis* net countervailable subsidies and weighted-average dumping margins disregarded. ( a ) *Introduction.* Prior to the enactment of the URAA, the Department had a well-established and judicially sanctioned practice of disregarding net countervailable subsidies or weighted-average dumping margins that were *de minimis.* The URAA codified in the Act the particular *de minimis* standards to be used in antidumping and countervailing duty investigations. This section discussed the application of the *de minimis* standards in antidumping or countervailing duty proceedings.
( b ) *Investigations* — ( 1 ) *In general.* In making a preliminary or final antidumping or countervailing duty determination in an investigation (*see* sections 703(b), 733(b), 705(a), and 735(a) of the Act), the Secretary will apply the *de minimis* standard set forth in section 703(b)(4) or section 733(b)(3) of the Act (whichever is applicable).
( 2 ) *Transition rule.* ( i ) If: ( A ) The Secretary resumes an investigation that has been suspended (*see* section 704(i)(1)(B) or section 734(i)(1)(B) of the Act); and
( B ) The investigation was initiated before January 1, 1995, then
( ii ) The Secretary will apply the *de minimis* standard in effect at the time that the investigation was initiated.
( c ) *Reviews and other determinations* — ( 1 ) *In general.* In making any determination other than a preliminary or final antidumping or countervailing duty determination in an investigation (*see* paragraph (b) of this section), the Secretary will treat as *de minimis* any weighted-average dumping margin or countervailable subsidy rate that is less than 0.5 percent *ad valorem,* or the equivalent specific rate.
( 2 ) *Assessment of antidumping duties.* The Secretary will instruct U.S. Customs and Border Protection to liquidate without regard to antidumping duties all entries of subject merchandise during the relevant period of review made by any person for which the Secretary calculates an assessment rate under § 351.212(b)(1) that is less than 0.5 percent *ad valorem,* or the equivalent specific rate.
§ 1320.7 Agency head and Senior Official responsibilities. ( a ) Except as provided in paragraph (b) of this section, each agency head shall designate a Senior Official to carry out the responsibilities of the agency under the Act and this part. The Senior Official shall report directly to the head of the agency and shall have the authority, subject to that of the agency head, to carry out the responsibilities of the agency under the Act and this part.
( b ) An agency head may retain full undelegated review authority for any component of the agency which by statute is required to be independent of any agency official below the agency head. For each component for which responsibility under the Act is not delegated to the Senior Official, the agency head shall be responsible for the performance of those functions.
( c ) The Senior Official shall head an office responsible for ensuring agency compliance with and prompt, efficient, and effective implementation of the information policies and information resources management responsibilities established under the Act, including the reduction of information collection burdens on the public.
( d ) With respect to the collection of information and the control of paperwork, the Senior Official shall establish a process within such office that is sufficiently independent of program responsibility to evaluate fairly whether proposed collections of information should be approved under this Part.
( e ) Agency submissions of collections of information for OMB review, and the accompanying certifications under § 1320.9, may be made only by the agency head or the Senior Official, or their designee.
§ 1320.4 Coverage. ( a ) The requirements of this part apply to all agencies as defined in § 1320.3(a) and to all collections of information conducted or sponsored by those agencies, as defined in § 1320.3 (c) and (d), wherever conducted or sponsored, but, except as provided in paragraph (b) of this section, shall not apply to collections of information: ( 1 ) During the conduct of a Federal criminal investigation or prosecution, or during the disposition of a particular criminal matter;
( 2 ) During the conduct of a civil action to which the United States or any official or agency thereof is a party, or during the conduct of an administrative action, investigation, or audit involving an agency against specific individuals or entities;
( 3 ) By compulsory process pursuant to the Antitrust Civil Process Act and section 13 of the Federal Trade Commission Improvements Act of 1980; or
( 4 ) During the conduct of intelligence activities as defined in section 3.4(e) of Executive Order No. 12333, issued December 4, 1981, or successor orders, or during the conduct of cryptologic activities that are communications security activities.
( b ) The requirements of this Part apply to the collection of information during the conduct of general investigations or audits (other than information collected in an antitrust investigation to the extent provided in paragraph (a)(3) of this section) undertaken with reference to a category of individuals or entities such as a class of licensees or an entire industry.
( c ) The exception in paragraph (a)(2) of this section applies during the entire course of the investigation, audit, or action, whether before or after formal charges or complaints are filed or formal administrative action is initiated, but only after a case file or equivalent is opened with respect to a particular party. In accordance with paragraph (b) of this section, collections of information prepared or undertaken with reference to a category of individuals or entities, such as a class of licensees or an industry, do not fall within this exception.
<TABLE> <S> <C>

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YP.Net,  Inc.  10-KSB  Year  end  September  30,  1999
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NRC NEWS

 U.S. NUCLEAR REGULATORY COMMISSION

OFFICE OF PUBLIC AFFAIRS, REGION I

 475 Allendale Road

 King of Prussia, PA 19406

No. I-02-050 August 8, 2002

CONTACT: Diane Screnci, (610) 337-5330 E-mail: opa1@nrc.gov

Neil A. Sheehan, (610) 337-5331

NRC TO DISCUSS RESULTS OF PEACH BOTTOM LICENSE RENEWAL INSPECTION

 At a public meeting on Thursday, August 15, in Delta, Pa., Nuclear Regulatory Commission

staff will present the preliminary results of two team inspections conducted recently at the Peach

Bottom nuclear power plant. The inspections were part of the agency’s review of a license renewal

application for the facility.

 The meeting, which will begin at 7 p.m. at the Peach Bottom Inn, 6085 Delta Road, will

consist of a discussion between NRC staff and plant management of the results, followed by an NRC

question-and-answer session for the public.

 Under NRC regulations, the original operating license for a commercial nuclear power plant

has a term of 40 years. The license can be renewed for up to an additional 20 years if NRC

requirements are met. The current operating license for Peach Bottom Unit 2 is due to expire on

August 8, 2013, while the current operating license for Peach Bottom Unit 3 is scheduled to expire on

July 2, 2014. (Peach Bottom Unit 1 has been permanently shut down since 1974.)

 In July 2001, Exelon Corporation, the owner/operator of the twin-reactor plant in Peach

Bottom Township, Pa., submitted an application to extend the operating licenses for the reactors for an

additional 20-year period.

 As part of the agency’s review of the application, an NRC team determined if the utility

included the correct systems, structures and components that are within the scope of the license

renewal review process in its application. A second NRC team examined the plant’s aging

management programs as they are applied to these systems, structures and components within the

scope of license renewal. The preliminary results of those inspections will be presented at the August

15th meeting.

 The NRC still must determine whether further inspections are needed as part of its review of

the application.

 ###
#### § 158.21 Allowance in duties for casualty, loss, or theft while in Customs custody.

Section 563(a), Tariff Act of 1930, as amended (19 U.S.C. 1563(a)), provides for allowance in duties upon satisfactory proof of the loss or theft of any merchandise while in the public stores, or of the actual injury or destruction, in whole or in part, of any merchandise by accidental fire or other casualty, while in bonded warehouse, or in the public stores, or while in transportation under bond, or while in Customs custody although not in bond, or while within the limits of any port of entry and before having been landed under Customs supervision. Such allowance is subject to the conditions set forth in this subpart.
#### § 1639.9 Charges pending waiver or review.

Interest, penalty charges, and administrative costs will continue to accrue on a debt during administrative appeal, either formal or informal, and during waiver consideration by the Board, unless specifically prohibited by a statute or a regulation.
In the

Court of Appeals

Second Appellate District of Texas

at Fort Worth

No. 02-20-00090-CV

KST CAPITAL, LLC, TOBIN PARKER,

TOBIN M. PARKER JR., AND W.

SCHREINER PARKER, Appellants

V.

AMERICAN BANK OF COMMERCE,

Appellee

§

§

§

§

On Appeal from the 48th District 

Court

of Tarrant County (048-299865-18)

April 16, 2020

Opinion by Justice Womack

JUDGMENT

This court has considered the record on appeal in this case and holds that the 

appeal should be dismissed. It is ordered that the appeal is dismissed for want of 

jurisdiction.

SECOND DISTRICT COURT OF APPEALS 

By __/s/ Dana Womack_________________

 Justice Dana Womack
#### Clifton L. ALLEN, Appellant, v. UNITED STATES of America, Appellee.

No. 01-2670.

United States Court of Appeals, Eighth Circuit.

Submitted May 2, 2002.

Filed May 7, 2002.

Before HANSEN, Chief Judge, FAGG, and RILEY, Circuit Judges.

PER CURIAM.

Pursuant to a written stipulation containing waivers of the right to appeal and to challenge his conviction or sentence in a post-conviction proceeding, Clifton L. Allen pleaded guilty to distributing over 50 grams of a mixture or substance containing cocaine base (crack), and possessing with intent to distribute over 50 grams of a mixture or substance containing cocaine base (crack), each in violation of 21 U.S.C. § 841(a) and punishable under 21 U.S.C. *278§ 841(b)(l)(A)(iii). He was sentenced to 235 months imprisonment and 5 years supervised release. Upon motion by the government to enforce the appeal waiver, we previously dismissed Allen’s direct appeal.

Allen then filed the present 28 U.S.C. § 2255 motion. The district court1 denied relief, finding that the section 2255 waiver was enforceable, but granted a certificate of appealability on two issues: whether Allen’s trial counsel was ineffective for failing to object to the drug’s identification as crack cocaine for sentence-calculation purposes, and whether the trial court violated Allen’s due process rights by not granting an acceptance-of-responsibility reduction under U.S.S.G. § 3E1.1.

Having carefully reviewed the record, we agree with the district court that Allen made a knowing and voluntary waiver of his right to bring a section 2255 action, *cf. United States v. Michelsen,*141 F.3d 867, 871 (8th Cir.) (waiver of right to appeal “must be the result of a knowing and voluntary decision”), *cert. denied,*525 U.S. 942, 119 S.Ct. 363, 142 L.Ed.2d 299 (1998), and that the waiver should therefore be enforced. While “waiver of the right to seek section 2255 post-conviction relief does not waive defendant’s right to argue, pursuant to that section, that the decision to enter into the plea was not knowing and voluntary because it was the result of ineffective assistance of counsel,” *see DeRoo v. United States,*223 F.3d 919, 924 (8th Cir. 2000), Allen has waived his ineffective-assistance argument related to sentencing, *see Mason v. United States,*211 F.3d 1065, 1068-69 (7th. Cir.2000) (upholding waiver of relief under section 2255 because ineffective-assistance claim related only to counsel’s performance with respect to sen-fencing and did not go to validity of plea agreement itself), *cert. denied,*531 U.S. 1175, 121 S.Ct. 1148, 148 L.Ed.2d 1010 (2001).

Accordingly, we affirm. We also grant counsel’s motion to withdraw, and we deny Allen’s pending motions.

1

. The Honorable Jean C. Hamilton, Chief Judge, United States District Court for the Eastern District of Missouri.
§ 1209.7 Burden and degree of proof. ( a ) Subject to the exception stated in paragraph (b) of this section, in any case involving a prohibited personnel practice described in 5 U.S.C. 2302(b)(8) or (b)(9)(A)(i), (B), (C), or (D), the Board will order appropriate corrective action if the appellant shows by a preponderance of the evidence that the disclosure or other protected activity was a contributing factor in the personnel action that was threatened, proposed, taken, or not taken against the appellant.
( b ) However, even where the appellant meets the burden stated in paragraph (a) of this section, the Board will not order corrective action if the agency shows by clear and convincing evidence that it would have threatened, proposed, taken, or not taken the same personnel action in the absence of the disclosure or other protected activity.
[78 FR 39548, July 2, 2013]
Editorial Note on Part 356
Editorial Note: Nomenclature changes to part 356 appear at 78 FR 62418, Oct. 22, 2013.

§ 356.19 Request for a hearing. ( a ) Any party may request a hearing by submitting a written request to the Under Secretary within 30 days after the date of service of the charging letter. However, the Deputy Under Secretary may request a hearing only if the interests of justice would thereby be served.
( b ) Upon timely receipt of a request for a hearing, the Under Secretary will appoint an administrative law judge to conduct the hearing and render an initial decision.
### §2131a. Eligibility for placement of statues in National Statuary Hall

#### (a) Eligibility

No statue of any individual may be placed in National Statuary Hall until after the expiration of the 10-year period which begins on the date of the individual's death.

#### (b) Exceptions

Subsection (a) does not apply with respect to—

(1) the statue obtained and placed in National Statuary Hall under this Act; or

(2) any statue provided and furnished by a State under section 2131 of this title or any replacement statue provided by a State under section 2132 of this title.

(Pub. L. 109–116, §2, Dec. 1, 2005, 119 Stat. 2524.)

#### **Editorial Notes**

#### References in Text

This Act, referred to in subsec. (b)(1), is Pub. L. 109–116, Dec. 1, 2005, 119 Stat. 2524, which enacted this section and provisions set out as a note under this section. For complete classification of this Act to the Code, see Tables.

#### **Statutory Notes and Related Subsidiaries**

#### Placement of Statue of Rosa Parks in National Statuary Hall

Pub. L. 109–116, §1, Dec. 1, 2005, 119 Stat. 2524, as amended by Pub. L. 110–120, §1(a), Nov. 19, 2007, 121 Stat. 1348, provided that:

"(a) Obtaining Statue.—Not later than 4 years after the date of the enactment of this Act [Dec. 1, 2005], the Joint Committee on the Library shall enter into an agreement to obtain a statue of Rosa Parks, under such terms and conditions as the Joint Committee considers appropriate consistent with applicable law. The Joint Committee may authorize the Architect of the Capitol to enter into the agreement and related contracts required under this subsection on its behalf, under such terms and conditions as the Joint Committee may require.

"(b) Placement.—The Joint Committee shall place the statue obtained under subsection (a) in the United States Capitol in a suitable permanent location in National Statuary Hall."

[Pub. L. 110–120, §1(b), Nov. 19, 2007, 121 Stat. 1348, provided that: "The amendments made by subsection (a) [amending section 1 of Pub. L. 109–116, set out above] shall take effect as if included in the enactment of Public Law 109–116."]
UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA 

FT. LAUDERDALE DIVISION

Civil Action No. 0:20-cv-61321-WPD

DAVID “RYAN” McCAIGUE, an individual,

Plaintiff,

vs.

DOENCH WEALTH MANAGEMENT, LLC; 

and BRIAN H. DOENCH, an individual,

Defendants.

______________________________________/

PROPOSED ORDER 

Defendants, by counsel, and with the concurrence of Plaintiff’s counsel, have 

sought an extension of time in which to file responsive pleadings to Plaintiff’s Complaint. 

Such Unopposed Motion For Enlargement of Time To Respond To Complaint is hereby

GRANTED, and Defendants shall have up to and including August 26, 2020 in which to 

file responsive pleadings to Plaintiff’s Complaint.

The Clerk shall certify a copy of this Order to all counsel of record.

ENTERED: July ___, 2020.

_________________________________________

William P. Dimitrouleas

United States District Judge

Case 0:20-cv-61321-WPD Document 7-1 Entered on FLSD Docket 07/22/2020 Page 1 of 1