alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
JOHN R. KASICH 

GOVERNOR 


STATE OF OH 10 


January 11, 2016 

Ms. Susan Hedman 

Regional Administrator 

U.S. Environmental Protection Agency, Region 5 

77 West Jackson Boulevard 

Chicago, IL 60604-3590 

Dear Administrator Hedman: 

The State of Ohio supports the inclusion of Mullins Rubber Products, Inc. (i.e., Valley Pike 

VOC Site), located in Riverside, Montgomery County, Ohio, on the next proposed National 

Priorities List (NPL) update. Federally-funded site assessments completed by Ohio EPA 

have documented that this site poses a significant threat to public health and the 

environment. These assessments further conclude that this site is eligible to be placed on 

the NPL. 

Thank you for your consideration. 

Sincerely, 

Governor 

cc: 	 Craig Butler, Director, Ohio EPA 

Cynthia Hafner, Chief Legal Counsel, Ohio EPA 

Peter Whitehouse, Chief, DERR, Ohio EPA 

Bonnie Buthker, Chief, SWDO, Ohio EPA 

Michael Starkey, Manager, SWDO, Ohio EPA 

77 SOUTH HIGH STREET • 30TH FLOOR • COLUMBUS, OHIO 43215-61 17 • 614.466.3555
The HONORABLE FERNANDO J. GAITAN, JR., United States District 1

Judge for the Western District of Missouri.

___________

No. 96-1116

___________

Victor Kessell, *

 *

Appellant, *

 * Appeal from the United States

v. * District Court for the

 * Western District of Missouri.

United States of America, *

 * [UNPUBLISHED]

Appellee. *

___________

 Submitted: July 25, 1996

 Filed: August 12, 1996

___________

Before BOWMAN, MAGILL, and LOKEN, Circuit Judges.

___________

PER CURIAM.

Victor Kessell pleaded guilty to distributing crack cocaine, in

violation of 21 U.S.C. § 841(a)(1) and (b)(1)(B). The district court1

sentenced him to 235 months in prison and four years supervised release.

We affirmed Kessell's sentence on direct appeal, rejecting his challenge

to the district court's drug-quantity finding. See United States v.

Kessell, No. 94-1140, 1994 WL 399563 (8th Cir. Aug. 3, 1994) (unpublished

per curiam). Kessell then brought this 28 U.S.C. § 2255 motion to vacate

his sentence. The district court denied the motion. Kessell appeals, and

we affirm.

Kessell argues that his three prior burglary convictions constituted

one "related" case for purposes of calculating his
criminal history, because they were not separated by "intervening" arrests

and he received concurrent sentences on the same day; that he was not

responsible for much of the crack cocaine attributed to him for sentencing;

and that the district court failed to make specific findings on the drug

quantity issue, in violation of Federal Rule of Criminal Procedure 32.

These issues were raised or should have been raised in Kessell's

unsuccessful direct appeal. In any event, they are without merit. 

Kessell also argues that he received ineffective assistance of

counsel during sentencing and on direct appeal because counsel failed to

raise and adequately argue the above issues. However, as these claims are

without merit, Kessel cannot show he was prejudiced by the counsel's

alleged deficiencies. See Strickland v. Washington, 466 U.S. 668, 687, 690

(1984).

Accordingly, we affirm.

A true copy.

Attest:

CLERK, U. S. COURT OF APPEALS, EIGHTH CIRCUIT.
NRC NEWS

U.S. NUCLEAR REGULATORY COMMISSION

 Office of Public Affairs, Region I

 475 Allendale Road, King of Prussia, Pa. 19406

 www.nrc.gov

No. I-04-021 April 21, 2004

CONTACT: Diane Screnci, 610/337-5330 Email: opa1@nrc.gov

Neil Sheehan, 610/337-5331

NRC PROPOSES $3,000 FINE AGAINST W.VA. FIRM

FOR FAILING TO MAINTAIN CONTROL OF NUCLEAR GAUGE

The Nuclear Regulatory Commission staff has proposed a $3,000 civil penalty against a

West Virginia company for a failure to maintain control over a portable nuclear gauge. The

device, which contains radioactive material, is used for industrial purposes such as measuring

soil density.

Based on an investigation by the NRC’s Office of Investigations, the agency has

determined that a technician for Triad Engineering, Inc., willfully left the gauge unattended,

unsecured and unlocked for a short period of time in October 2002. The technician was using the

gauge at a temporary job site at West Virginia University, in Morgantown, W. Va., at the time.

The NRC considers the violation to be willful because during an interview with the

NRC’s Office of Investigations, the technician admitted that even though he knew he should not

leave the gauge unattended and unsecured as a result of his past training and experience, he failed

to consider that when he left the area. The technician also stated that he did not believe leaving

the device unsecured and out of his range of surveillance would be a problem because it was in

his truck and he only planned to walk about 150 feet away from the vehicle for about a minute.

 “Willful violations are serious concerns because the NRC’s regulatory program relies, in

part, on the honesty and integrity of licensees and their employees. As such, willful violations

cannot be tolerated,” NRC Region I Administrator Hubert J. Miller wrote to the company in a

letter notifying the company about the violation.

Triad has informed the NRC that it has implemented several corrective actions in

response to the event. These include disciplinary action against the technician; conducting safety

talks with all of its technicians regarding the violation and the importance of maintaining

surveillance and control of gauges; and distributing memos to all of its authorized gauge users on

requirements regarding the use and control of the devices.
-2-

The company has 30 days from receipt of the letter to either pay the civil penalty or

protest its imposition.

###
Docket No: FAA - 2015 - 0074 Dir ID: 2014 - NM - 138 -AD
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<PAGE>

                                  AMENDMENT NO. 1
                                          
                                         TO
                                MANAGEMENT AGREEMENT

          This Amendment No. 1 to the Management Agreement (this "Amendment") is
made and entered into as of June __, 1998 by and among Burke Industries, Inc.
(the "Company") and J.F. Lehman & Company, Inc. (the "Advisor").  Except as
otherwise provided herein, capitalized terms used herein will have the meanings
ascribed to them in the Management Agreement (as defined below).

                                 W I T N E S S E T H

          WHEREAS, the Company and the Advisor entered into that certain
Management Agreement dated as of August 20, 1997 (the "Agreement"), pursuant to
which the parties agreed, among other things, that the Advisor shall be entitled
to receive an Annual Fee for certain management services rendered by the Advisor
to the Company in accordance with the terms of Section 1(b) of the Agreement;

          WHEREAS, the Company and the Advisor also entered into that certain
Management Services Agreement dated as of June 18, 1998 (the "Management
Services Agreement"), effective as of August 20, 1997, which sets forth in
greater detail the management services to be provided by the Advisor to the
Company and the fees to be paid to the Advisor in connection with the provision
of those services; and

          WHEREAS, the Company and the Advisor now desire to amend the Agreement
to delete Section 1(b) from the Agreement, effective as of August 20, 1997, and
to replace the matters discussed therein with the Management Services Agreement.

          NOW, THEREFORE, BE IT RESOLVED, that in consideration of the premises
herein contained and for other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties hereto agree as
follows:

                                   AGREEMENT

          1.   Section 1(b) of the Agreement is hereby amended in its entirety
to read: 

               "(b) Intentionally left blank."

          2.   This Amendment may be executed in one or more counterparts, all
of which will constitute one and the same instrument.

          3.   Except as amended hereby, the Agreement shall continue in full
force and effect.

<PAGE>

          IN WITNESS WHEREOF, each of the parties hereto has executed this
Amendment as of the date first above written.
          
                                    BURKE INDUSTRIES, INC.

                                    By: /s/ Rocco C. Genovese    
                                       ---------------------------------
                                         Name: Rocco C. Genovese
                                         Title: President and Chief
                                                Executive Officer

                                    J.F. LEHMAN & COMPANY, INC.
                                    By: /s/ Donald Glickman 
                                       ---------------------------------
                                    Name: Donald Glickman
                                         Title: Managing Principal
IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE

AT NASHVILLE

Assigned on Briefs December 17, 2008

STATE OF TENNESSEE v. LORA ASHLEY

 Appeal from the Circuit Court for Moore County

No. 1067 Robert Crigler, Judge

No. M2008-01563-CCA-R3-CD - Filed March 26, 2009

D. KELLY THOMAS, JR., J., concurring.

I concur in the result reached by the majority and agree that the trial court correctly denied

alternative sentencing in this case based upon the defendant’s criminal history and past failed efforts

at rehabilitation. However, I write separately to note that the trial court revoked the defendant’s

bond and denied her bond in a misdemeanor case pending appeal in contravention to Tennessee

Code Annotated section 40-26-104 and Rule 32(d)(1) of the Tennessee Rules of Criminal Procedure,

which grant a defendant in a misdemeanor case “a right to have bail set or to be released on

recognizance pending the exhaustion of all direct appellate procedure in the case.” 

 

D. KELLY THOMAS, JR., JUDGE
U. S. NUCLEAR REGULATORY COMMISSION

 Office of Public Affairs Telephone 301/415-820

 Washington, DC 20555-0001 E-mail: opa@nrc.gov

 Web Site: www.nrc.gov

No. 03-059 May 12, 2003

NRC APPROVES POWER UPRATE FOR PILGRIM

The Nuclear Regulatory Commission has approved a request by Entergy Nuclear

Generation Co. to increase the generating capacity of the Pilgrim nuclear power plant by 1.5

percent.

The power uprate at the plant, located in Plymouth, Massachusetts, will increase the

generating capacity of the plant from 670 to 680 megawatts electric. The licensee intends to

implement the uprate by early July.

NRC previously published a notice about the power uprate application in the Federal

Register providing the public an opportunity to comment or request a hearing. No comments or

hearing requests were received by the NRC.

 The NRC's safety evaluation of the requested power uprate for the plant focused on

several areas, including nuclear steam supply systems, instrumentation and control systems,

electrical systems, accident evaluations, radiological consequences, operations, and other

technical specification changes. The NRC staff determined that the licensee could safely

increase the power output of the reactor through increased feedwater flow measurement

accuracy.

###
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-03-025 April 2, 2003

CONTACT: Ken Clark (404)562-4416 E-mail: OPA2@nrc.gov

Roger Hannah (404)562-4417

 

NRC TO MEET WITH TVA NUCLEAR OFFICIALS TO DISCUSS

 SAFETY PERFORMANCE AT WATTS BAR NUCLEAR POWER PLANT

The U.S. Nuclear Regulatory Commission staff will meet with Tennessee Valley Authority

officials on Wednesday, April 16, to discuss the results of NRC’s annual assessment of safety

performance at the Watts Bar nuclear power plant near Spring City, Tennessee. 

The meeting will be held at 3:00 p.m. at the Best Western Motel in Sweetwater, Tennessee, just

off I-75. The public is invited to observe the meeting, and NRC officials will be available before the

conclusion of the meeting to answer any questions.

A letter from the NRC to TVA addresses plant safety performance during the previous year and

forms the basis for the meeting discussions. The letter states that, overall, Watts Bar operated in a

manner that preserved public health and safety and that plant performance was at a level requiring no

additional NRC inspection beyond normal baseline activities. The letter, available from Region II

Public Affairs and on the NRC web site at

www.nrc.gov/NRR/OVERSIGHT/ASSESS/LETTERS/wb_2002q4.pdf , says the NRC staff will

review activities at Watts Bar in response to a 2002 NRC Bulletin on reactor pressure vessel head and

vessel head nozzle penetration programs and continue inspections of the plant’s implementation of

NRC security advisories and Orders to evaluate compliance with new requirements that may be

ordered. It also says that the NRC will continue to inspect the lay-up and preservation of Watts Bar

Unit 2 which has been deferred by TVA and has not received an operating license.

.

 Current performance indicators for Watts Bar Unit 1 are available at 

www.nrc.gov/NRR/OVERSIGHT/ASSESS/WB1/wb1_chart.html . 

###
**Exhibit 10(xx)**

CONFIRMATION OF 

PERFORMANCE UNDERTAKING 

December 22, 2008 

Reference is made to (a) the Performance Undertaking (the“Performance Undertaking”), dated as of May 31, 2005, made by United Rentals, Inc. (the “Performance Guarantor”) in favor of United Rentals Receivables LLC II (the “SPV”); and (b) thePurchase and Contribution Agreement (the “Purchase Agreement”), dated as of May 31, 2005, among United Rentals (North America), Inc., United Rentals Northwest, Inc., United Rentals Southeast, L.P., and United Equipment RentalsGulf, L.P., each as originators, the Performance Guarantor, as collection agent, and the SPV, as buyer. 

The Performance Guarantor herebyacknowledges that the Purchase Agreement is being amended and restated as the Amended and Restated Purchase and Contribution Agreement, dated as of the date hereof, among United Rentals (North America), Inc. and United Rentals Northwest, Inc., eachas originators, the Performance Guarantor, as collection agent, and the SPV, as buyer (the “Restated Purchase Agreement”). 

The Performance Guarantor hereby confirms that, after giving effect to the Restated Purchase Agreement, the Performance Undertaking continues in full force and effect in accordance with its terms, with the understanding that the term“Purchase Agreement” used in the Performance Undertaking shall be deemed to be references to the Restated Purchase Agreement. 

IN WITNESS WHEREOF, the undersigned has caused this Confirmation of Performance Undertaking to be dulyexecuted by its authorized officer thereunto duly authorized, as of the date first above written. 

 
UNITED RENTALS, INC.By: /s/ Irene MoshourisName:  Irene MoshourisTitle: Vice President and Treasurer
#### In the Matter of the Claim of Anna J. Turner, Respondent, against Manuel Papadan et al., Appellants. Workmen’s Compensation Board, Respondent.

Present — Foster, P. J., Heffeman, Brewster, Deyo and Santry, JJ. [See *post,*p. 865.]
Home > NRC Library > ADAMS Public Documents

# SECY-04-0055 - PLAN FOR EVALUATING SCIENTIFIC INFORMATION AND RADIATION PROTECTION RECOMMENDATIONS

Accession Number: ML040820916

Date Released: Wednesday, April 21, 2004

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EXHIBIT 99(b)



CERTIFICATION PURSUANT TO

18 U.S.C SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



In connection with the Annual Report of United Rentals, Inc. and United Rentals (North America), Inc. (the
Companies) on Form 10-K for the year ended December 31, 2002 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, John N. Milne, President and Chief Financial Officer of the Companies,
certify, pursuant to 18 U.S.C. section 1350, as adopted pursuant to section 906 of the Sarbanes-Oxley Act of 2002, that to my knowledge:



| | 1. |  | the Report fully complies with the requirements of section 13(a) of the Securities Exchange Act of 1934; and
| | -- |  | ------------------------------------------------------------------------------------------------------------



| | 2. |  | the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Companies.
| | -- |  | ------------------------------------------------------------------------------------------------------------------------------------------------------



/s/    JOHN N. MILNE

John N. Milne

President and Chief Financial Officer



March 27, 2003
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-02-002 January 31, 2002

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

 

NRC STAFF TO MEET WITH PUERTO RICO HOSPITAL TO DISCUSS

APPARENT VIOLATIONS OF RADIOACTIVE MATERIAL REGULATIONS

The U.S. Nuclear Regulatory Commission staff will hold a pre-decisional enforcement conference

with officials of I. Gonz·lez MartÌnez Oncologic Hospital in Puerto Rico, on Wednesday, February 6. The

discussion will focus on a missing and subsequently recovered radioactive implant in March 2001.

The enforcement conference, which is open to public observation, will begin at 9:00 a.m. at the

Medical Center, Barrio Monacillos, Rio Piedras. NRC officials will be available after the meeting to

answer any questions.

The radioactive implant, containing about 97 millicuries of cesium-137, was discovered to be

missing on March 14, 2001, and was found in a trash compactor the next day. An NRC investigation

determined that the licensed radioactive material was not intentionally placed in the compactor, but a total

of nine apparent violations stemming from the incident have been identified and are being considered for

enforcement action. In addition, the hospital is required to perform a radiation dose assessment on all

workers or members of the public who may have had access to the areas where the source was located until

it was recovered.

The enforcement conference is an opportunity for hospital officials to provide their perspective on

the apparent violations stemming from the missing source, and to clarify or correct any information they

feel may be inaccurate or incomplete in the NRCís inspection report. No decision on the apparent

violations or any enforcement action will be made at the conference. Those decisions will be made later

by NRC officials.

###
NRC NEWS

 U.S. NUCLEAR REGULATORY COMMISSION 

 Office of Public Affairs Telephone: 301/415-8200

 Washington, DC 20555-001 E-mail: opa@nrc.gov 

 Web Site: http://www.nrc.gov/OPA

No. 04-077 June 23, 2004

NRC RECEIVES AWARDS FOR EXCELLENCE IN PERFORMANCE AND

ACCOUNTABILITY REPORTING

The U.S. Nuclear Regulatory Commission received two awards recognizing the quality of its

Performance and Accountability Report for Fiscal Year 2003.

The Association of Government Accountants (AGA) awarded the NRC the prestigious

Certificate of Excellence in Accountability Reporting for its outstanding efforts in preparing the

agency’s Performance and Accountability Report for Fiscal Year 2003. This is the third consecutive

fiscal year that NRC has received this award.

AGA presents the Certificate of Excellence to Federal government agencies whose Performance

and Accountability Reports achieve the highest standards by effectively illustrating and assessing

agency performance and the cost of that performance. In a May 12, 2004, letter, AGA complimented

NRC “on preparing an informative report that succinctly presents accomplishments for a unique,

difficult-to-measure service.” 

NRC’s Chief Financial Officer Jesse L. Funches considers this award an important recognition

of the agency’s commitment to excellence. “We are very honored to receive this award. Our

achievements during the last three years demonstrate how important it is for NRC to provide the public

clear, timely and reliable information about its performance and how it runs its programs,” he said. 

“Thanks to the hard work of our staff, NRC continues to demonstrate its commitment to excellence,

openness and service.”

In addition to this award, the NRC also received high marks on the 5th Annual Performance

Report Scorecard, performed by the Mercatus Center at George Mason University. Started in 2000, the

Annual Performance Report Scorecard rates and ranks the major departments and agencies on the

fullness and accuracy of their Performance and Accountability Reports. In its evaluation of NRC’s

report for Fiscal Year 2003 (October 1, 2002 to September 30, 2003), the Mercatus Center ranked the

agency 7th out of 24 Federal agencies. This represents an improvement from Fiscal Year 2002, when

NRC ranked 9th.

###
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