alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
No. IV-08-008 

Contact: Victor Dricks 

Phone: (817) 860-8128 

 

 March 14, 2008 

 E-Mail: opa4@nrc.gov

NRC TO DISCUSS 2007 PERFORMANCE ASSESSMENT 

FOR PALO VERDE NUCLEAR GENERATING STATION 

 The Nuclear Regulatory Commission staff will meet in Avondale, Az., on March 20, 

with representatives of Arizona Public Service Co., to discuss the agency’s assessment of safety 

performance during 2007 at the Palo Verde Nuclear Generating Station. The plant, operated by 

APS, is located 55 miles west of Phoenix. 

 The meeting, which will be open to the public, is scheduled to begin at 6:30 p.m at 

Estrella Mountain Community College, in the Community Room, second floor of Estrella Hall, 

3000 N. Dysart Road, Avondale. 

 In addition to the performance assessment, the NRC staff will be available to answer 

questions from the public on the safety performance of Palo Verde, as well as the NRC’s role in 

ensuring safe plant operation. 

 “Palo Verde is being operated safely but has received additional NRC oversight since the 

fall of 2004 because of declining performance,” NRC Region IV Administrator Elmo E. Collins 

said. “Based on extensive NRC inspections and the licensee’s self-assessment activities, the 

causes for the performance problems at Palo Verde are understood and a performance 

improvement plan has been developed. This meeting will provide an opportunity for a 

discussion of our annual assessment of safety performance with the company and with local 

officials and residents who live near the plant.” 

 A letter sent from the NRC Region IV office to plant officials addresses the performance 

of the plant during 2007 and will serve as the basis for the meeting discussion. It is available on 

the NRC web site at: 

http://www.nrc.gov/NRR/OVERSIGHT/ASSESS/LETTERS/palo_2007q4.pdf . 

NRC NEWS

U.S. NUCLEAR REGULATORY COMMISSION

Office of Public Affairs Region IV 

611 Ryan Plaza Drive – Suite 400 

Arlington, Texas 76011-4005 

Telephone: (817) 860-8128 
The NRC plans to maintain a high level of inspection oversight at Palo Verde until the 

plant has demonstrated a sustained period of performance improvement. 

 

 Current performance information for Palo Verde Unit 1 is available on the NRC web site 

at: http://www.nrc.gov/NRR/OVERSIGHT/ASSESS/PALO1/palo1_chart.html . Current 

performance information for Unit 2 is available at: 

http://www.nrc.gov/NRR/OVERSIGHT/ASSESS/PALO2/palo2_chart.html . Current 

performance information for Unit 3 is available at: 

http://www.nrc.gov/NRR/OVERSIGHT/ASSESS/PALO3/palo3_chart.html . 

 ### 

 

 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.
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

BENJAMIN FREEMAN, 

Plaintiff-Appellant, 

 v. 

CHARLES RYAN; et al., 

Defendants-Appellees.

No. 20-15998 

D.C. No. 4:20-cv-00101-RM-PSOT 

MEMORANDUM*

Appeal from the United States District Court

for the District of Arizona

Rosemary Márquez, District Judge, Presiding

Submitted February 17, 2021**

Before: FERNANDEZ, BYBEE, and BADE, Circuit Judges.

Arizona state prisoner Benjamin Freeman appeals pro se from the district 

court’s judgment dismissing his 42 U.S.C. § 1983 action alleging retaliation and 

deliberate indifference claims. We have jurisdiction under 28 U.S.C. § 1291. We 

review de novo a dismissal under 28 U.S.C. § 1915(e). Barren v. Harrington, 152 

* This disposition is not appropriate for publication and is not precedent 

except as provided by Ninth Circuit Rule 36-3.

** The panel unanimously concludes this case is suitable for decision 

without oral argument. See Fed. R. App. P. 34(a)(2).

FILED

FEB 24 2021

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 20-15998 

F.3d 1193, 1194 (9th Cir. 1998) (order). We affirm. 

The district court properly dismissed Freeman’s action as duplicative 

because it is based on the same factual allegations as those in Freeman v. State of 

Arizona, CV 18-01015-PHX-JAT. See Cato v. United States, 70 F.3d 1103, 1105 

n.2 (9th Cir. 1995) (duplicative complaints can be dismissed as “abusive” under 28 

U.S.C. § 1915(e)). 

The district court did not abuse its discretion by dismissing Freeman’s 

complaint without leave to amend because amendment would have been futile. 

See Gordon v. City of Oakland, 627 F.3d 1092, 1094 (9th Cir. 2010) (setting forth 

standard of review and grounds for dismissing without leave to amend).

Freeman’s request for a status report is denied as moot. 

AFFIRMED.
<PAGE>
                                                                   EXHIBIT 4.195

                            CERTIFICATE OF FORMATION
                                       OF
                        BLACK STALLION COAL COMPANY, LLC

     1. The name of the limited liability company is Black Stallion Coal
Company, LLC.


     2. The address of its registered office in the State of Delaware is
Corporation Trust Center, 1209 Orange Street, in the City of Wilmington, County
of New Castle. The name of its registered agent at such address is The
Corporation Trust Company.


     3. This Certificate of formation shall be effective on January 28, 2004

     IN WITNESS WHEREOF, the undersigned have executed this Certificate of
Formation of Black Stallion Coal Company, LLC this 28th day of January, 2004.


                                        s/Lori J. Mason
                                        -----------------

                                        Lori J. Mason - Secretary

     State of Delaware
     Secretary of State
  Division of Corporations
Delivered 03:43 PM 01/28/2004
  FILED 03:17 PM 01/28/2004
SRV-040059740 - 3757877 FILE
### §40504. Governing body

(a) Board of Directors.—(1) The board of directors is the governing body of the corporation. The board may exercise, or provide for the exercise of, the powers of the corporation.

(2) The number of directors, their manner of election (including the filling of vacancies), and their term of office are as provided in the bylaws. However, the board shall have at least 9 directors.

(3) The board shall meet at least annually. Each director has one vote on matters decided by the board.

(4) The president of the corporation is the chairman of the board.

(b) Officers.—(1) The officers of the corporation are a president, an executive vice president, a secretary, a treasurer, and 6 regional vice presidents as provided in the bylaws. The offices of secretary and treasurer may be combined and held by the same individual, but an individual holding those combined offices has only one vote as a director.

(2) The manner of election, term of office, duties, and powers of the officers are as provided in the bylaws.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1333.)

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 40504(a)(1) | 36:797(a), (c) (1st sentence words before 3d comma). | Aug. 14, 1958, Pub. L. 85–642, §§7, 8, 72 Stat. 599. |
| 40504(a)(2) | 36:797(b), (c) (1st sentence words between 3d and 4th commas). | |
| 40504(a)(3) | 36:797(c) (last sentence). | |
| 40504(a)(4) | 36:797(c) (2d sentence). | |
| 40504(b) | 36:797(c) (1st sentence words after 4th comma).36:798. | |

Section

36:798.

In subsection (a)(1), the text of 36:797(a) (12th–last words) is omitted as obsolete.

In subsection (b)(2), the words "duties, and powers" are substituted for "powers" in 36:798(b) and for "duties" in 36:798(c) to eliminate unnecessary words.
#### § 875.409 Must I provide an authorization to release medical information?

You must provide the Carrier with an authorization to release medical information when requested. The Carrier may deny a claim for benefits or void your coverage if the Carrier does not receive an authorization to release medical information within 3 weeks after its request (4 weeks for those outside the United States).
§ 890.1010 Debarring official's decision of contest. ( a ) *Prior adjudication is dispositive.* Evidence indicating that a provider was formally adjudicated for a violation of any type set forth in 5 U.S.C. 8902a(b) fully satisfies the standard of proof for a mandatory debarment.
( b ) *Debarring official's decision.* The debarring official shall issue a written decision, based on the entire administrative record, within 30 days after the record closes to receipt of information. The debarring official may extend this decision period for good cause.
( c ) *No further administrative proceedings.* The debarring official's decisions regarding mandatory debarment and the period of debarment are final and are not subject to further administrative review.
### §60105. Governing body

(a) Board of Directors.—The board of directors and the responsibilities of the board are as provided in the articles of incorporation.

(b) Officers.—The officers and the election of officers are as provided in the articles of incorporation.

(c) Nondiscrimination.—The requirements for holding office in the corporation may not discriminate on the basis of race, color, religion, sex, disability, or national origin.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1346.)

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 60105(a) | 36:4806. | Nov. 5, 1990, Pub. L. 101–510, title XVI, §§1605(b) (related to discrimination in holding office), 1606, 1607, 104 Stat. 1737. |
| 60105(b) | 36:4807. | |
| 60105(c) | 36:4805(b) (related to discrimination in holding office). | |

Section

In subsections (a) and (b), the words "and shall be in conformity with the laws of the State or States in which it is incorporated" are omitted as unnecessary.
EXHIBIT
32.2





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 Quarterly Report
of Superior Oil & Gas Co. (the “Company”) on Form 10-Q for the quarter ended
September 30, 2009, as filed with the Securities and Exchange Commission on or
about the date hereof (the “Report”), I, B.J. Sparks, Chief Financial Officer of
the Company, certify pursuant to 18 U.S.C. 1350, as adopted pursuant to Section
906 of the Sarbanes-Oxley Act of 2002, that, to the best of my
knowledge:





(1) The Report fully complies with
the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of
1934; and





(2) Information
contained in the Report fairly presents, in all material respects, the financial
condition and results of operations of the Company.


Date:  November
      16, 2009
              
              /s/
      B.J. SparksB.J.
      SparksChief
      Financial Officer


A signed
original of this written statement required by Section 906 has been provided to
Superior Oil & Gas Co. and will be retained by Superior Oil & Gas Co.
and furnished to the Securities and Exchange Commission or its staff upon
request.
§ 843.203 Eligibility for a one-time payment upon death of an employee, separated employee, or retiree if no one is eligible for an annuity. ( a ) If there is no survivor who is entitled to monthly survivor annuity benefits on the death of an employee, separated employee, retiree, or survivor annuitant, the unexpended balance is payable, except as provided in section 3716 of title 31, United States Code, on administrative offset for Government claims, to the person(s) entitled in the normal order of precedence described in section 8424 of title 5, United States Code.
( b ) If a deceased employee, separated employee, retiree or Member provided in a valid designation of beneficiary that the lump sum proceeds shall be payable to the deceased's estate, or to the Executor, Administrator, or other representative of the deceased's estate, or if the proceeds would otherwise be properly payable to the duly appointed representative of the deceased's estate under the order of precedence specified in 5 U.S.C. 8424(d), payment of the proceeds to the duly appointed representative of the deceased's estate will bar recovery by any other person.
[52 FR 2074, Jan. 16, 1987, as amended at 57 FR 29784, July 7, 1992]
§ 845.303 Equity and good conscience. Recovery is against equity and good conscience when— ( a ) It would cause financial hardship to the person from whom it is sought;
( b ) The recipient of the overpayment can show (regardless of his or her financial circumstances) that due to the notice that such payment would be made or because of the incorrect payment he or she either has relinquished a valuable right or has changed positions for the worse; or
( c ) Recovery would be unconscionable under the circumstances.
### SUBCHAPTER II—ENHANCED DRUG TREATMENT AND MENTORING GRANT PROGRAMS
```

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1979 Introduced in House (IH)]

108th CONGRESS
  1st Session
                                H. R. 1979

      To suspend temporarily the duty on TMPO Ethoxylate (TMPOE).

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 6, 2003

  Ms. Kaptur introduced the following bill; which was referred to the 
                      Committee on Ways and Means

_______________________________________________________________________

                                 A BILL

 
      To suspend temporarily the duty on TMPO Ethoxylate (TMPOE).

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. TMPO ETHOXYLATE (TMPOE).

    (a) In General.--Subchapter II of chapter 99 of the Harmonized 
Tariff Schedule of the United States is amended by inserting in 
numerical sequence the following new heading:
      

``    9902.07.13    Ethoxylated       Free              Free              No change         On or before 12/
                     Trimethylolprop                                                         31/2006          ''
                     ane (TMPOE)                                                                               .
                     (CAS No. 76996-
                     65-1) (provided
                     for in
                     subheading
                     3907.20.00)....

    (b) Effective Date.--The amendment made by subsection (a) applies 
with respect to goods entered, or withdrawn from warehouse for 
consumption, on or after the 15th day after the date of the enactment 
of this Act.
                                 <all>
```
```

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2160 Introduced in House (IH)]

108th CONGRESS
  1st Session
                                H. R. 2160

   To amend title 18, United States Code, to increase to 5 years the 
   period during which former Members of Congress may not engage in 
                      certain lobbying activities.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 20, 2003

 Mr. Andrews introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
   To amend title 18, United States Code, to increase to 5 years the 
   period during which former Members of Congress may not engage in 
                      certain lobbying activities.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. INCREASE TO 5 YEARS OF PERIOD DURING WHICH FORMER MEMBERS OF 
              CONGRESS MAY NOT ENGAGE IN CERTAIN LOBBYING ACTIVITIES.

     Section 207(e)(1)(A) of title 18, United States Code, is amended 
by striking ``1 year'' and inserting ``5 years''.
                                 <all>
```
### §50304. Powers

The corporation may—

(1) adopt a constitution, bylaws, and regulations to carry out the purposes of the corporation;

(2) adopt and alter a corporate seal;

(3) adopt emblems and badges;

(4) establish and maintain offices to conduct its activities;

(5) establish State and territorial organizations and local chapter or post organizations;

(6) acquire, own, lease, encumber, and transfer property as necessary to carry out the purposes of the corporation;

(7) publish a newspaper and other publications devoted to the purposes of the corporation;

(8) sue and be sued; and

(9) do any other act necessary or proper to carry out the purposes of the corporation.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1344.)

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 50304 | 36:90d (less perpetual succession). | June 17, 1932, ch. 268, §§4 (less perpetual succession), 7, 47 Stat. 321. |
| | 36:90g. | |

Section

In this section, the text of 36:90g is omitted as executed and obsolete.

In clause (1), the words "not inconsistent with the laws of the United States or any State" are omitted as unnecessary.

In clause (2), the words "at pleasure" are omitted for consistency in the revised title.

In clause (3), the words "adopt emblems and badges" are substituted for "to use in carrying out the purposes of the corporation such emblems and badges as it may adopt" for consistency in the revised title and to eliminate unnecessary words.

In clause (4), the word "activities" is substituted for "business" for consistency in the revised title.

Clause (6) is substituted for "receive, hold, own, use, and dispose of such real estate and personal property as shall be necessary for its corporate purposes" for consistency in the revised title and to eliminate unnecessary words.

In clause (8), the words "in courts of law and equity" are omitted as unnecessary.

In clause (9), the words "and things as may be" are omitted as unnecessary.
### §60104. Membership

(a) Eligibility.—Except as provided in this chapter, eligibility for membership in the corporation and the rights and privileges of members are as provided in the constitution and bylaws of the corporation.

(b) Nondiscrimination.—The terms of membership may not discriminate on the basis of race, color, religion, sex, disability, or national origin.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1346.)

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 60104(a) | 36:4805(a). | Nov. 5, 1990, Pub. L. 101–510, title XVI, §1605(a), (b) (related to discrimination in membership), 104 Stat. 1737. |
| 60104(b) | 36:4805(b) (related to discrimination in membership). | |

Section

In subsection (a), the words "Except as provided in this chapter" are substituted for "Subject to subsection (b) of this section" for consistency in the revised title.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Transportation

###### Federal Aviation Administration

# AGENCY:

Federal Aviation Administration, DOT.

# ACTION:

Notice of intent of waiver with respect to land; correction.

# SUMMARY:

                        This document contains one correction to a notice and request for comments that was published in the                         **Federal Register**                         on Monday, December 22, 2003 (68 FR 71219).                         **Federal Register**                         document 03-31418, published December 22, 2003 (68 FR 71219, concerns a proposal to change a portion of the airport from aeronautical use to non-aeronautical use and to authorize the sale of the airport property. The proposal consists of 3 parcels of land totaling approximately 16.33 acres. This correction revises the public comment period to read as follows:                    

# DATES:

Comments must be received on or before February 9, 2004.

All other information remains unchanged.

Issued in Romulus, Michigan on December 24, 2003.

Irene R. Porter,

Manager, Detroit Airports District Office, FAA, Great Lakes Region.

[FR Doc. 04-245  Filed 1-8-04; 8:45 am]

BILLING CODE 4910-73-M
#### Belle B. Abrahams, as Executrix of Maurice Abrahams, Deceased, and on Behalf of All Stockholders of Rogers Silverware Redemption Bureau, Inc., v. Solomon Karp et al., Impleaded with Others.

Present — Martin, P. J., Untermyer, Dore, Cohn and Callahan, JJ.; Martin, P. J., taking no part.
§ 892.209 Can I cancel FEHB coverage at any time? If you are participating in premium conversion you may cancel your FEHB coverage: ( a ) *During the annual open season.* A cancellation made during the annual open season is effective at midnight of the day before the first day of the first pay period that begins in the next year.
( b ) *Within 60 days after you have a qualifying life event.* A cancellation made because of a qualifying life event takes effect at midnight of the last day of the pay period in which your employing office receives your appropriate request to cancel your enrollment. Your cancellation of coverage must be consistent with and correspond to your qualifying life event. For example, if you get married and you gain other insurance coverage because your spouse's employer provides health insurance for your spouse and you, then canceling FEHB coverage would be consistent with that qualifying life event. If you add an eligible family member, canceling coverage would generally not be consistent with that qualifying life event.
( c ) If you are subject to a court or administrative order as discussed in § 890.301(g)(3) of this chapter, you may not cancel your coverage as long as the court or administrative order is still in effect and you have at least one child identified in the order who is still eligible under the FEHB Program, unless you provide documentation to your agency that you have other coverage for your child or children.
[65 FR 44646, July 19, 2000, as amended at 68 FR 56525, 56528, Oct. 1, 2003; 69 FR 56929, Sept. 23, 2004]
### SUBCHAPTER IV—UNITED STATES CENTER FOR SAFESPORT

#### **Editorial Notes**

#### Amendments

2020—Pub. L. 116–189, §§5(a)(1), 8(a)(2), Oct. 30, 2020, 134 Stat. 946, 966, redesignated this subchapter, formerly subchapter III, as subchapter IV and substituted "SAFESPORT" for "SAFE SPORT" in heading.

2018—Pub. L. 115–126, title II, §202(a), Feb. 14, 2018, 132 Stat. 320, added subchapter heading.