alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
No. II-10-005 February 10, 2010 

CONTACT: Roger Hannah (404) 562-4417 E-mail: OPA2@nrc.gov

 Joey Ledford (404) 562-4416 

NRC SCHEDULES REGULATORY CONFERENCE WITH FPL TO DISCUSS 

ST. LUCIE NUCLEAR PLANT INSPECTION FINDINGS 

The Nuclear Regulatory Commission staff has scheduled a regulatory conference with 

Florida Power & Light Co. officials on Friday, Feb. 19, in Atlanta to discuss inspection findings 

at the St. Lucie nuclear power plant, located near Ft. Pierce, Fla. 

NRC and FPL officials will discuss the significance of findings related to the apparent 

failure to identify and correct design issues which allowed air into a Unit 1 cooling water system. 

Air in that system could potentially diminish the capability to cool plant safety equipment. 

The NRC evaluates regulatory performance at commercial nuclear power plants with a 

color-coded system which classifies findings as green, white, yellow or red, in increasing order 

of safety significance. The NRC’s preliminary evaluation determined that the two potential 

violations at St. Lucie are “greater than green,” meaning they have more than very low safety 

significance. 

No decisions on the final safety significance, any apparent violations or possible 

enforcement action will be made at the conference. That decision will be made by NRC officials 

at a later time. 

The regulatory conference is scheduled for 2 p.m. EST in the NRC’s Region II office, 

located on the 24th floor of the Atlanta Federal Center at 61 Forsyth Street SW in Atlanta. The 

public is invited to observe and will have an opportunity to talk with NRC officials after the 

business portion of the meeting. Persons wishing to participate in this meeting 

by toll-free audio teleconference should contact the NRC’s Binoy Desai at 404-562-4519 or 

binoy.desai@nrc.gov. 

The NRC letter announcing the meeting and the inspection report detailing the findings 

are publicly available online at www.nrc.gov/reading-rm/adams/web-based.html . The numbers 

to access the letter and report are ML100351155 and ML100210081 respectively. 

### 

 

NRC NEWS

U.S. NUCLEAR REGULATORY COMMISSION

Office of Public Affairs, Region II 

61 Forsyth Street SW, Atlanta GA 30303 

Web Site: www.nrc.gov
[Federal Register Volume 69, Number 216 (Tuesday, November 9, 2004)]
[Rules and Regulations]
[Page 64860]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-24970]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD01-04-139]


Drawbridge Operation Regulations: Fort Point Channel, MA

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary deviation from regulations.

-----------------------------------------------------------------------

SUMMARY: The Commander, First Coast Guard District, has issued a 
temporary deviation from the drawbridge operation regulations for the 
Northern Avenue Bridge, mile 0.1, across Fort Point Channel, at Boston, 
Massachusetts. This temporary deviation allows the bridge to remain in 
the closed position from December 1, 2004, through December 31, 2004. 
This temporary deviation is necessary to facilitate mechanical repairs 
at the bridge.

DATES: This deviation is effective from December 1, 2004, through 
December 31, 2004.

FOR FURTHER INFORMATION CONTACT: John McDonald, Project Officer, First 
Coast Guard District, at (617) 223-8364.

SUPPLEMENTARY INFORMATION: The Northern Avenue Bridge has a vertical 
clearance of 7 feet at mean high water and 17 feet at mean low water in 
the closed position. The existing regulations are listed at 33 CFR 
117.599.
    The bridge owner, the City of Boston, requested a temporary 
deviation from the drawbridge operating regulations to facilitate 
necessary mechanical repairs, the replacement of the bridge operating 
gears, at the bridge. The bridge cannot open during the prosecution of 
these mechanical repairs.
    Under this temporary deviation the bridge may remain in the closed 
position from December 1, 2004, through December 31, 2004.
    This deviation from the operating regulations is authorized under 
33 CFR 117.35 and will be performed with all due speed in order to 
return the bridge to normal operation as soon as possible.

    Dated: October 26, 2004.
David P. Pekoske,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 04-24970 Filed 11-8-04; 8:45 am]
BILLING CODE 4910-15-P
FILED

U.S. COURT OF APPEALS

ELEVENTH CIRCUIT

FEB 27, 2007

THOMAS K. KAHN

CLERK

 [DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

 

No. 06-15419

Non-Argument Calendar

 

D. C. Docket No. 04-00054-CV-WLS-6

MICHELLE POPIEL,

JANIE S. MANNING,

Plaintiffs-Appellants,

versus

COMMONWEALTH LAND TITLE INSURANCE COMPANY,

Defendant-Appellee.

 

Appeal from the United States District Court

for the Middle District of Georgia

 

(February 27, 2007)

Before ANDERSON, DUBINA and BARKETT, Circuit Judges.

PER CURIAM:
2

This is an appeal from the district court’s grant of summary judgment in

favor of defendant Commonwealth Land Title Insurance Company

(“Commonwealth”). The facts of the case are adequately set forth in the district

court’s order granting summary judgment filed on September 29, 2006. 

We review a district court’s grant of summary judgment de novo applying

the same legal standards as the district court. Fitzpatrick v. City of Atlanta, 2 F.3d

1112, 1117 (11th Cir. 1993). 

After reviewing the record and reading the parties’ briefs, we conclude that

the district court correctly granted summary judgment in favor of Commonwealth. 

Although the district court determined that at the time Sinkwich entered into a

contract to purchase the property, title to the property was marketable because

liens against the property had been satisfied, we need not resolve that issue to

affirm the grant of summary judgment. Even if we assume, arguendo, that title to

the property was found unmarketable, appellants would not be able to recover

under the terms of the Commonwealth policy because their own actions caused the

loss. According to the exclusions contained in the policy, “risks that are created,

allowed, or agreed to by the policy owner” are excluded from coverage. 

Accordingly, we affirm the district court’s grant of summary judgment in favor of

Commonwealth.

AFFIRMED.
N O T FO R PUB L ICAT IO N UNITED STATES C OUR T OF APPEALS FOR THE NINTH C IR C UIT STEVE M ULLEN, Plaintiff - Appe lla nt, v. UNITED STATES OF AM ER IC A, De fe nda

nt - Appe lle e . No. 11-56533 D.C . No. 2:11-c v-01374-GHK M EM O R ANDUM *

Appe a l from

the Unite d

Stat e s Distric t C ourt for the C e ntra l Distric t of C a lifornia Ge orge H. King, C hie f Judge , Pre siding Subm itte d Fe brua

ry 11, 2013 * * B e fore : FER

NANDEZ, TASHIM A, a nd WA RDLAW , C irc uit Judge s. Ste ve M ulle n a

ppe a ls pro se from

the distric t c ourt’ s judgm e nt dismissing his indepe nde nt a c tion to se t a side a prior judgm e nt for fra

u d on the c ourt unde r Fe d. R . C iv. P. 60(b). W e have jurisdic tion unde r 28 U.S.C . § 1291. W e re vie w 

# FIL ED FEB 14 2013 M OLLY C. DW Y ER, CLERK U
. S
. CO URT O F APPEALS

* This disposition is not a ppropria te for public at ion a

nd is not pre c e de nt e xc e pt a s provide d

by 9th C ir. R . 36-3. ** The pa

ne l una nim ously c onc lude s this c a se is suita ble for de c ision without ora l a

rgum e nt. Se e Fe d. R . App. P. 34(a )(2).the d ism issa l of a n inde pe nde nt a c tion unde r R u le 60(b) for a

n a buse of disc re tion. Appling v . State

Farm Mut. Auto. Ins. C

o ., 340 F.3d 769, 780 (9th C i r. 2003). W e a ffirm . The distric t c ourt did not a buse its disc re tion in dism issing M ulle n’ s inde pe nde nt a c tion be c a

use his a lle gations fa il to sta te a fa c ia l ly pla usible c la im

of fraud on thec o urt. Se e Unite d State s v . Be gge rly , 524 U.S. 38, 47 (1998) (“ [A] n inde pe nde nt a c tion should be ava ila ble only to pre v e nt a

grave m isc a

rria ge of justic e .” ); se ealso Be ll Atl. C orp. v . Tw ombly , 550 U.S. 544, 570 (2007) (c la im m ust be “ pla

usible on its fa c e ” ). M ulle n’ s a lle gation tha t the De pa

rtm e nt of Justic e C ivil Rights Division c ould not loc ate an a udio ta p e he re que ste d

in its c e ntra l filing sy ste m

is insuffic ie nt to support a “ pla usible ” infe re nc e tha

t a Unite d State s Distric t Judge and two Assista nt Unite d State s Attorne y s c onspire d to fa bric ate tha

t ta pe . Be l l Atl. C

orp. , 550 U.S. a

t 570. AFFIRM E D.

2
### [§208. Repealed. Pub. L. 91–482, §1(b), Oct. 21, 1970, 84 Stat. 1082]

Section, Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 461, provided that an officer furloughed under section 6406 of Title 10, Armed Forces, was entitled to pay at the rate of one-half of the basic pay to which he was entitled at the time of being furloughed.

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

#### Pension Continuation Provision

Pub. L. 91–482, §3, Oct. 21, 1970, 84 Stat. 1082, provided that: "Notwithstanding the first section of this Act [repealing this section and sections 4539, 4623, 5981, 6159, and 6406 of Title 10, Armed Forces], a person who is entitled to a pension under [former] section 6159 of title 10, United States Code, on the day before the date of enactment of this Act [Oct. 21, 1970] shall continue to be entitled to that pension on and after that date of enactment."
LICENSING BOARD TO HEAR ORAL ARGUMENT JUNE 8-9 IN CUSTER, S.D., 

 ON POWERTECH USA URANIUM RECOVERY LICENSE APPLICATION 

An Atomic Safety and Licensing Board (ASLB) panel will hear oral argument June 8-9 

in Custer, S.D., regarding requests from the Oglala Sioux Tribe and a group termed the 

Consolidated Petitioners for a hearing on the Powertech USA uranium recovery license 

application for sites near Custer. The Board is an independent quasi-judicial arm of the Nuclear 

Regulatory Commission that decides legal challenges to applications and proposed licensing 

actions by the NRC. 

Oral arguments will begin at 9:00 a.m. MDT on Tuesday, June 8, in the Custer City 

Council Chambers, Custer City Hall, 622 Crook St. in Custer. The session is open for public 

observation, but participation will be limited to the parties in the proceeding (the Oglala Sioux 

Tribe, the Consolidated Petitioners, the applicant – Powertech USA – and NRC staff). Early 

arrival is suggested to allow for security screening for all members of the public interested in 

attending. NRC policy prohibits signs, banners, posters or displays in the hearing room. 

 Powertech USA submitted an application on Feb. 25, 2009, and supplemented the 

application on Aug. 10, 2009, for an NRC license to operate the proposed Dewey-Burdock in 

situ uranium recovery facility in Fall River and Custer Counties. In situ recovery facilities inject 

liquid into underground uranium ore bodies and then pump the uranium-bearing solution out and 

separate the uranium for further processing. 

 The ASLB is considering whether the Oglala Sioux Tribe and the Consolidated 

Petitioners should be granted intervenor status in the proceeding. The Oglala Sioux Tribe has 

submitted 10 contentions and the Consolidated Petitioners have submitted a total of 11 

contentions challenging aspects of Powertech’s application. All parties have filed extensive legal 

briefs on these issues. On June 8 and 9 the Board will listen to the lawyers’ arguments and ask 

them questions concerning the proposed contentions and related waiver requests. 

Documents related to the Powertech USA license application are available on the NRC 

Web site here: http://www.nrc.gov/info-finder/materials/uranium/apps-in-review/deweyburdock-new-app-review.html . More information about the ASLB can be found at: 

http://www.nrc.gov/about-nrc/organization/aslbpfuncdesc.html. 

NRC NEWS

U.S. NUCLEAR REGULATORY COMMISSION

Office of Public Affairs Telephone: 301/415-8200 

Washington, D.C. 20555-0001 

E-mail: opa.resource@nrc.gov

Site: http://www.nrc.gov

No. 10-097 June 2, 2010
### 

NOTE: Anyone wishing to take photos or use a camera to record any portion of a NRC meeting should 

contact the Office of Public Affairs beforehand. 

News releases are available through a free listserv subscription at the following Web address: 

http://www.nrc.gov/public-involve/listserver.html. The NRC homepage at www.nrc.gov also offers a SUBSCRIBE 

link. E-mail notifications are sent to subscribers when news releases are posted to NRC's Web site.
### §70708. Nonapplication of audit requirements

The audit requirements of section 10101 of this title do not apply to the corporation.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1355.)

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 70708 | (no source). | |

Section

This section is added to except Frederick Douglass Memorial and Historical Association from the application of section 10101 of the revised title, restating 36:1101–1103, which imposes audit requirements on certain federally chartered corporations. The Association is not included in the list of corporations set out in 36:1101 to which the audit requirements apply.
No. III-08-029 

Contacts: 

Viktoria Mitlyng 630-829-9662 

Prema Chandrathil 630-829-9663 

 July 29, 2007 

 E-Mail: opa3@nrc.gov 

Web site: www.nrc.gov

NRC PROPOSES $6,500 FINE AGAINST MISSOURI COMPANY 

FOR VIOLATIONS OF NRC REQUIREMENTS 

The Nuclear Regulatory Commission staff has proposed a $6,500 fine against American 

Radiolabeled Chemicals Inc. (ARC), located in St. Louis, Mo., for failure to comply with NRC 

regulations in the areas of radiation protection, nuclear materials security and management 

oversight. 

The NRC identified multiple examples of the company’s failure to adhere to NRC 

regulations during a January 2008 inspection conducted at ARC. In February of this year, the 

NRC issued a Confirmatory Action Letter documenting how the company planned to address the 

observations and findings developed during the inspection. The NRC conducted a follow-up 

inspection in March 2008 which revealed violations of agency regulations in the same areas of 

concern again. 

In May of this year, the NRC met with ARC representatives to discuss the apparent 

violations identified during the two NRC inspections, their root causes and how the company 

proposed to address these problems. ARC had the opportunity to describe its completed and 

proposed corrective actions. 

The NRC’s Notice of Violation to ARC states that while the company’s corrective 

actions addressed, in part, the immediate safety or regulatory issues identified by the NRC, the 

company’s actions “did not address the root cause for the violation, that is, management’s lack of 

adequate oversight of the Radiation Protection Program.” 

The NRC identified four violations of NRC regulations that included failure to (1) ensure 

radioactive materials were properly secured and controlled; (2) comply with license 

commitments related to management oversight of the radiation protection program; (3) conduct 

radiological surveys; and (4) perform and document investigations of contamination found in 

controlled and unrestricted areas. 

NRC NEWS

U.S. NUCLEAR REGULATORY COMMISSION

Office of Public Affairs Region III 

2443 Warrenville Road 

Lisle, IL 60532 
“We expect companies that hold NRC licenses to handle nuclear material safely and 

securely by adhering to the regulations,” said NRC Regional Administrator James Caldwell. 

“We take violations in this area seriously and expect the company to be able to identify and 

correct problems in a prompt and effective manner.” 

The NRC notified the company of the violations and proposed fine on July 22, 2008. The 

company has 30 days to either pay the fine or contest it. 

A copy of the July 22 letter will be available through the NRC’s ADAMS website at 

www.nrc.gov/reading-rm/adams.html. Help in using ADAMS is available from the NRC Public 

Document Room at 301-415-4737 or 1-800-397-4209. 

 ### 

 NRC news releases are available through a free list serve subscription at the following Web address: 

http://www.nrc.gov/public-involve/listserver.html . The NRC homepage at www.nrc.gov also offers a SUBSCRIBE 

link. E-mail notifications are sent to subscribers when news releases are posted to NRC's Web site.
No. 08-001 January 7, 2008

NRC TO HOLD THREE PUBLIC MEETINGS SEEKING INPUT 

ON POSSIBLE CHANGES TO SECURITY REQUIREMENTS 

FOR TRANSPORTING CERTAIN RADIOACTIVE MATERIALS 

 The Nuclear Regulatory Commission will hold three public meetings in January to obtain 

public comments on plans to revise security requirements for transporting Radioactive Material 

in Quantities of Concern (RAMQC), a term given to 16 radionuclides considered potentially of 

interest for a malicious act. 

The meetings will be held on Jan. 15 in the NRC Region III building in Lisle, Ill.; on Jan. 

17 at the Federal Building in Oakland, Calif.; and on Jan. 23 at NRC headquarters in Rockville, 

Md. 

The meetings are part of an enhanced participatory process the NRC has implemented to 

help develop a sound technical basis for rulemaking on RAMQC transportation. Once the 

technical basis is complete, a draft proposed rule will also be issued for public comment. 

RAMQC includes Americium-241, Cobalt-60, Cesium-137, Plutonium 238 and 

Strontium-90, among others, in specific quantities. It does not include spent nuclear fuel. 

RAMQC is typically shipped in packages that must meet NRC safety standards. The materials 

are shipped to medical institutions, companies that support medical and academic institutions, 

and companies that manufacture and distribute radioactive materials for various industrial 

applications. Both the NRC and the Department of Transportation regulate the transport of these 

materials. The technical basis being discussed at the meetings will not cover transportation by air 

or water, which is regulated by other government agencies. 

NRC Orders and advisories were issued after Sept. 11, 2001, which placed additional 

security measures on the transportation of these materials. These requirements will be included 

in the proposed rule. 

Through these public meetings, the NRC hopes to gather information on technologies 

used to track items during shipping, including global positioning satellite technology. The NRC 

is also seeking input on how the NRC should involve Agreement States, which regulate certain 

radioactive materials at the state level under agreements with the NRC. 

NRC NEWS

U.S. NUCLEAR REGULATORY COMMISSION

Office of Public Affairs Telephone: 301/415-8200 

Washington, D.C. 20555-0001 

E-mail: opa@nrc.gov 

Site: http://www.nrc.gov
 A meeting notice with detailed information is available at: http://www.nrc.gov/publicinvolve/public-meetings/index.cfm . Individuals who wish to comment in writing, may write to 

Chief, Rules and Directives Branch, Division of Administration Services, Office of 

Administration, U.N. Nuclear Regulatory Commission, Washington, D.C. 20555-0001. Written 

comments can also be sent by fax to 301-415-5144 or via e-mail to nrcrep@nrc.gov . 

### 

 News releases are available through a free listserv subscription at the following Web address: 

http://www.nrc.gov/public-involve/listserver.html. The NRC homepage at www.nrc.gov also offers a SUBSCRIBE 

link. E-mail notifications are sent to subscribers when news releases are posted to NRC's Web site.
History of Buried Piping Integr

Initiative

Jim Riley, NEI
Initial Industry Activities

 Industry meeting in September to ev

possible actions to address leakage buried piping

 Why take action?

– Public confidence is im

portant for o

p

p p

of existing plants and support for neplants

– Important to effectively manage the – Important to maintain regulatory 

confidence

– Unique aspects led to a separate Ini
Initiative Development

 Recommendations

– NSIAC (Nuclear Strategic Issues Adviso

Committee) Initiative to cover all buried 

• Procedures and oversight• Prioritization through risk ranking

Prioritization through risk ranking

• Inspections• Asset management plan

– Develop an NEI Guideline to supplemen

existing guidance and guide Initiative implementation
Understanding an NSIAC Initiativ

 NSIAC is an NEI standing committee 

whose members include the CNO of utility operating a nuclear power planthe US

 Initiative is a formal commitment bet

CNOs to follow a defined policy or pCNOs to follow

a defined policy or p

action

– Regulatory credibility

 Passing an Initiative requires 80% 

approval

– Buried Piping Integrity Initiative was 

approved unanimously (100%) on November 18, 2009
Buried Piping Integrity Initiati

 Goal

– Reasonable assurance of structural 

leakage integrity of buried piping

 Scope

– All NEI U.S. member utilities – All buried piping associated with each of t

nuclear power plant sites. 

 Expectations

– Demonstrated by an improving trend in consequential leaks from buried piping ac

industry.

– Utilities will 

• Participate in the industry organizations that s

and oversee implementation 

• Ensure that the buried piping activities are imp

at its plants

– Industry organizations will cooperate in th

manner described in this guideline.
Subsequent Industry Activitie

 Formed Buried Piping Integrity Working Gro

Task Force

 Issued NEI Guideline (NEI 09-14)

– Text of the Initiative– Intent of the Initiative

R l d ibiliti

–

R

oles an

d responsibilities

– NSIAC report

 Developing guidance on “reasonable assura

buried piping integrity

 Continuing meetings with NRC to update Init

status and industry activities
Future Industry Activities

 Utilities

– Implement Initiative– Support industry activities

 NEI

– Continue NRC engagement– Periodic meetings of the Buried Piping Integr

Force to evaluate Initiative implementation an

– Possible revision to NEI 09-14 to capture less

learned

 EPRI 

– Support implementation through BPIG and B

– Develop inspection technology and resource 

materials

 INPO 

– Continue focus area
Buried Piping Integrity Task Fo

 Maria Korsnick, 

executive sponsor, Constellation

 Chris Burton, utility 

l d FENOC

 Sharon Gray, S Richard Hall, E Glen Schinzel, 

STARS lea

d, FENOC

 Joe Abisamra, 

Entergy

 Bill Campbell, 

Constellation

 Ila Collins, TVA Rudy Gil, FPL

 Joe Sears, INP David Smith, D Joe Terrell, Pro Bill Wendland,  Bo Clark, EPRI Jim Riley, NEI
No. IV-09-020 

Contact: Victor Dricks 

Phone: (817) 860-8128 

 

 June 15, 2009 

E-Mail:OPA4.Resource@nrc.gov 

NRC Proposes $6,500 Fine Against Kakivik Asset Management 

 The U.S. Nuclear Regulatory Commission has proposed a fine of $6,500 against Kakivik 

Asset Management, of Anchorage, Alaska, for violating an NRC security requirement for the 

possession and use of radioactive materials. 

The company holds an NRC license authorizing it to possess and use radioactive 

materials in industrial radiography devices. 

The violation – which has been corrected - was identified during inspections of the 

company’s corporate office in Anchorage, and a field office in Rawlins, Wyo. 

The company has 30 days to pay the fine or protest it. If the fine is protested and 

subsequently imposed by the NRC, the company can request a hearing. 

 ### 

 NRC news releases are available through a free list serve subscription at the following Web address: 

http://www.nrc.gov/public-involve/listserver.html . The NRC homepage at www.nrc.gov also offers a SUBSCRIBE 

link. E-mail notifications are sent to subscribers when news releases are posted to NRC's Web site.

NRC NEWS

U.S. NUCLEAR REGULATORY COMMISSION

Office of Public Affairs Region IV 

 612 E. Lamar Blvd., Suite 400 

 Arlington, TX 76011-4125 

Telephone: (817) 860-8128