alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# Journal officiel C 391/2020

| | ISSN 1977-0936 |
| --- | --- |
| Journal officiel
  de l’Union européenne | C 391 |
| | |
| Édition de langue française | Communications et informations | 63e année16 novembre 2020 |

ISSN 1977-0936

Journal officiel

de l’Union européenne

C 391

Édition de langue française

Communications et informations

63e année16 novembre 2020

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| Sommaire | page |
| --- | --- |
| | IV   Informations |
| | INFORMATIONS PROVENANT DES INSTITUTIONS, ORGANES ET ORGANISMES DE L'UNION EUROPÉENNE |
| | Conseil |
| 2020/C 391/01 | Décision du Conseil du 10 novembre 2020 portant nomination du président des chambres de recours de l’Office de l’Union européenne pour la propriété intellectuelle | 1 |

Sommaire

page

IV   Informations

INFORMATIONS PROVENANT DES INSTITUTIONS, ORGANES ET ORGANISMES DE L'UNION EUROPÉENNE

Conseil

2020/C 391/01

Décision du Conseil du 10 novembre 2020 portant nomination du président des chambres de recours de l’Office de l’Union européenne pour la propriété intellectuelle

1

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| FR | |
| --- | --- |

FR

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IV Informations

INFORMATIONS PROVENANT DES INSTITUTIONS, ORGANES ET ORGANISMES DE L'UNION EUROPÉENNE

Conseil

| 16.11.2020 | FR | Journal officiel de l’Union européenne | C 391/1 |
| --- | --- | --- | --- |

16.11.2020

FR

Journal officiel de l’Union européenne

C 391/1

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DÉCISION DU CONSEIL

du 10 novembre 2020

portant nomination du président des chambres de recours de l’Office de l’Union européenne pour la propriété intellectuelle

(2020/C 391/01)

LE CONSEIL DE L’UNION EUROPÉENNE,

vu le traité sur le fonctionnement de l’Union européenne,

vu le règlement (UE) 2017/1001 du Parlement européen et du Conseil du 14 juin 2017 sur la marque de l’Union européenne (1), et notamment son article 166, paragraphe 1,

considérant ce qui suit:

Le 8 juin 2020, le Conseil a reçu du conseil d’administration de l’Office de l’Union européenne pour la propriété intellectuelle (EUIPO) une liste de candidats proposés pour le poste de président des chambres de recours de l’EUIPO,

A ADOPTÉ LA PRÉSENTE DÉCISION:

Article premier

1.   M. João Nuno MAROCO AMARAL NEGRÃO, né à Lisbonne (Portugal) le 2 novembre 1970, est nommé président des chambres de recours de l’Office de l’Union européenne pour la propriété intellectuelle (EUIPO) pour un mandat de cinq ans.

2.   La date à laquelle commence à courir le mandat de cinq ans visé au paragraphe 1 est fixée par le conseil d’administration de l’EUIPO.

Article 2

La présente décision entre en vigueur le jour de sa publication au Journal officiel de l’Union européenne.

Fait à Bruxelles, le 10 novembre 2020.

Par le Conseil

Le président

M. ROTH

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(1)  JO L 154 du 16.6.2017, p. 1.

1

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#### Henry Ott, Appellant, v. Metropolitan Jockey Club, Respondent.

Plaintiff, a member of a labor union, sixes as a third-party beneficiary to recover damages for wrongful discharge from employment, based upon a written contract made between defendant and the union in behalf of plaintiff and about six hundred other members. The contract contains provisions for the arbitration of disputes arising out of employment, and a time limitation within which the arbitration may be had. After the time to arbitrate had expired, plaintiff instituted the instant action. Defendant moved for a stay pending arbitration, pursuant to section 1451 of the Civil Practice Act. The motion for a stay was granted, but upon reargument the motion was denied. An appeal from that order is now pending, but has not been perfected. Thereafter defendant moved for summary judgment, which was granted in its favor. Plaintiff’s application for reargument was granted, but the court adhered to its original decision. Plaintiff appeals from the order on reargument and the judgment entered thereon. Order on reargument modified by striking therefrom the second and third ordering paragraphs and by striking from the first ordering paragraph everything which follows the words “ on such re-argument ” and by substituting therefor the words “defendant’s motion for summary judgment be and the same is hereby denied”. As so modified, the order is affirmed, with $10 costs and disbursements to appellant. Judgment vacated, without costs. Defend-' ant’s exclusive remedy under the circumstances herein was to obtain a stay of all proceedings pursuant to section 1451 of the Civil Practice Act. *(Matter of River Brand Rice Mills*V. *Latrobe Brewing Go.,*305 H. Y. 36; *American Reserve Ins. Co.*v. *China Ins. Co.,*297 N. Y. 322.) Carswell, Acting P. J., MaeCrate, Schmidt and Beldock, JJ., concur; Wenzel, J., dissents and votes to affirm, with the following memorandum: Rule 113 of the Rules of Civil Practice provides that where a motion for summary judgment is made thereunder by the defendant in an action, judgment should be entered in his favor where such evidentiary facts are set forth as may be deemed by the judge hearing the motion, sufficient to show that the defendant’s denials or defenses are sufficient to defeat the plaintiff. Section 1451 of the Civil Practice Act *722provides: “If any action or proceeding be brought upon any issue otherwise referable to arbitration under a contract * * * the supreme court, or a judge thereof, upon being satisfied that the issue involved in such action, or proceeding is referable to arbitration under a contract * * * shall stay all proceedings in the action or proceeding until such arbitration has been had in accordance with the terms of the contract ”. Here it appears that no arbitration may now be had, the time to demand the same having, by the terms of the contract, expired. A stay, therefore, would merely suspend a trial which can never be held, pending an arbitration which can never be had.
NRC MEETS PERFORMANCE GOALS; ISSUES FY 2012 PERFORMANCE AND 

ACCOUNTABILITY REPORT

The Nuclear Regulatory Commission today issued its Performance and Accountability

Report for Fiscal Year 2012. The report, which describes the agency’s program and financial 

performance from Oct. 1, 2011, through Sept. 30, 2012, reflects the agency’s achievement of 

both its safety and security strategic goals, and all its performance measures.

“I am proud of the NRC employees’ performance in achieving the agency’s safety and 

security goals,” said Chairman Allison Macfarlane. “The agency is committed to good 

governance and prudent management of resources. We will continue to evaluate, test, and 

strengthen internal controls, including those related to financial reporting and financial 

management systems.”

The report notes that the agency’s nuclear reactor and materials licensees maintained 

their excellent safety record. The agency also improved its operational activities by continuing to 

invest in its skilled workforce of engineers and scientists through knowledge transfer programs, 

recruiting a diverse workforce, and providing training opportunities. In addition, the report points 

out the agency’s sound financial position, having sufficient funds to meet programmatic needs 

and adequate control of these funds in place. The agency received an unqualified audit opinion 

on its financial statements by its auditors, with no instances of noncompliance with laws and 

regulations. 

A copy of the full report can be found at http://www.nrc.gov/reading-rm/doccollections/nuregs/staff/sr1542/. 

###

News releases are available through a free Listserv subscription or by clicking on the EMAIL UPDATES 

link on the NRC homepage (www.nrc.gov). E-mail notifications are sent to subscribers when news releases are 

posted to NRC's website. For the latest news, follow the NRC on www.twitter.com/NRCgov.

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: www.nrc.gov

Blog: http://public-blog.nrc-gateway.gov

No. 12-124 November 16, 2012
NRC NEWS

U.S. NUCLEAR REGULATORY COMMISSION

Office of Public Affairs Region III

2443 Warrenville Road

Lisle IL 60532

Site: www.nrc.gov

Blog: http://public-blog.nrc-gateway.gov

No. III-12-026

Contact: Viktoria Mitlyng (630) 829-9662

 Prema Chandrathil (630) 829-9663

June 28, 2012

E-Mail: OPA3.RegionIII@nrc.gov 

NRC ISSUES CONFIRMATORY ORDER TO D.C. COOK NUCLEAR POWER PLANT

The U.S. Nuclear Regulatory Commission has issued a Confirmatory Order to the 

D.C. Cook Nuclear Power Plant for an access control related violation. The two-unit plant 

operated by Indiana Michigan Power Co. is in Stevensville, Mich., roughly 60 miles southwest 

of Kalamazoo.

The violation stems from two D.C. Cook supervisory-level individuals who failed to 

ensure a high level company official who was offsite when randomly selected for

Fitness-for-Duty (FFD) testing was tested when the individual came onsite at the earliest 

available time.

As a result of an Alternative Dispute Resolution (ADR) meeting which used a mediator 

to resolve the issues, Indiana Michigan Power Co. has agreed to abide by a Confirmatory Order. 

A Confirmatory Order is a legally binding commitment that outlines a number of actions the 

company must take to ensure the NRC’s concerns will be addressed. Some of the commitments 

for the company include: conduct unannounced FFD on the high level official; revise aspects of 

the FFD procedure; develop a lessons-learned presentation of the events that occurred

emphasizing the procedural and NRC requirements regardless of pressure due to organizational 

structure and time constraints; and make the presentation at an industry FFD forum so that others 

in similar positions may receive the information.

Indiana Michigan Power Co. has agreed to address these issues according to the timelines 

established in the Confirmatory Order and to send the NRC a letter documenting completion of 

the actions within 30 days after they are done.

The NRC’s Confirmatory Order will be made publically available through the AGENCY 

DOCUMENTS ACCESS AND MANAGEMENT SYSTEM (ADAMS) at the NRC website. 

###

News releases are available through a free listserv subscription or by clicking on the EMAIL UPDATES

link on the NRC homepage (www.nrc.gov). E-mail notifications are sent to subscribers when news releases are 

posted to NRC's website.
US Army Corps of Engineers

BUILDING STRONG®

Probabilistic Flood Hazard Assessment

Panel 8 – Combined Events

Rockville, MD

31 January 2013
2 BUILDING STRONG®

You’ll shoot your eye out kid

I want an official stochastic-action, two 

thousand equivalent years of record model 

with multiple methods in the stock and this 

thing which addresses aleatory and 

epistemic uncertainties
BUILDING STRONG®

 Panel 8 focuses on identifying and evaluating 

combined event scenarios within a risk informed 

framework. Combined events can include flooding 

caused by seismically induced dam or levee failure; 

flooding caused by combinations of snowmelt, 

rainfall, and ice; flooding caused by combinations of 

coastal and riverine events; basin or system wide 

performance and impacts; human and 

organizational factors; and other scenarios

Combined Events

3
BUILDING STRONG®

 The uncommon combination of not 

uncommon things

 Unprecedented but not extreme

Combined Events

4
BUILDING STRONG®

Combined Events

5

 Unprecedented rainfall mostly over uncontrolled 

drainage. Several dams under operating restrictions.
BUILDING STRONG®

Combined Events

6

 The 2,000-foot berm collapsed due to “onsite 

activities,”

 (The plant) is in the same situation it would have 

been in if the berm had not been added. We're still 

within NRC regulations.
BUILDING STRONG®

Combined Events

7

 Unprecedented rainfall 

met a significant spring 

snowmelt at Cairo
BUILDING STRONG®

 Combined Events in External Flooding Evaluation 

for Nuclear Plant Sites

► Kit Y. Ng

 Assessing Levee System Performance Using 

Existing and Future Risk Analysis Tools

► Christopher N. Dunn

 Seismic Risk of Co-Located Critical Infrastructure 

Facilities – Effects of Correlation and Uncertainty

► Martin W. McCann

Presentations

8
BUILDING STRONG®

 Storm Surge – Riverine Combined Flood Events

► Joost Beckers

 Combining Flood Risks from Snowmelt, Rain, and 

Ice – The Platte River in Nebraska

► Douglas J. Clemetson

 Human, Organizational, and Other Factors 

Contributing to Dam Failures

► Patrick J. Regan

Presentations

9
BUILDING STRONG®

 How can a risk informed framework be utilized to 

identify plausible event combinations that are 

relevant to the flood hazard assessment?

 How can we estimate the probabilities and risks 

associated with event combinations?

Questions

10
* This order and judgment is not binding precedent, except under the doctrines of

law of the case, res judicata, and collateral estoppel. This court generally disfavors the

citation of orders and judgments; nevertheless, an order and judgment may be cited under

the terms and conditions of 10th Cir. R. 36.3.

F I L E D

United States Court of Appeals

Tenth Circuit

OCT 14 1997

PATRICK FISHER

Clerk

UNITED STATES COURT OF APPEALS

TENTH CIRCUIT

JOHN ROBERT LEONARD, SR.,

Plaintiff - Appellant,

v.

UNITED STATES OF AMERICA;

INTERNAL REVENUE SERVICE,

Defendants - Appellees.

No. 97-1193

(D.C. No. 96-S-1812)

(District of Colorado)

ORDER AND JUDGMENT*

Before SEYMOUR, Chief Judge, PORFILIO and MURPHY, Circuit Judges.

After examining the briefs and appellate record, this panel has determined

unanimously that oral argument would not materially assist the determination of this

appeal. See Fed. R. App. P. 34(a); 10th Cir. R. 34.1.9. The case is therefore ordered

submitted without oral argument.
- 2 -

We conclude the district court did not err. We therefore AFFIRM the judgment

substantially for the reasons stated in the district court’s order of dismissal.

ENTERED FOR THE COURT

John C. Porfilio

Circuit Judge
NRC NEWS

U.S. NUCLEAR REGULATORY COMMISSION

Office of Public Affairs Region III

2443 Warrenville Road

Lisle IL 60532

Site: www.nrc.gov

Blog: http://public-blog.nrc-gateway.gov

No. III-12-004

Contact: Viktoria Mitlyng (630) 829-9662

 Prema Chandrathil (630) 829-9663

January 30, 2012

E-Mail: OPA3.RegionIII@nrc.gov 

NRC MONITORING AN EVENT

AT BYRON NUCLEAR PLANT

The Nuclear Regulatory Commission Region III office in Lisle, Illinois, has activated its 

incident response center and entered monitoring mode due to an Unusual Event declared at the 

Byron nuclear power plant Unit 2. The event was declared due to a loss of offsite power at 

10:18 a.m. CT. The two-unit plant is operated by Exelon Generation Co., located in Byron, Ill., 

17 miles southwest of Rockford.

The plant automatically shut down in response to the loss of offsite power. Smoke was 

seen from an onsite station transformer. When the plant’s fire brigade responded, no evidence of 

fire was found. The diesel generators are currently supplying power to plant equipment. Steam is 

currently being released from the non-nuclear side of the plant to aid in the cooling process. The 

steam release does not present a threat to the public.

Unit 1 remains at full power. 

NRC resident inspectors at the plant are monitoring the situation in consultation with 

staff in the Region 3 office in Lisle, Ill.

An Unusual Event is the lowest of four levels of the NRC’s emergency classification 

system.

###

News releases are available through a free Listserv subscription or by clicking on the EMAIL UPDATES 

link on the NRC homepage (www.nrc.gov). E-mail notifications are sent to subscribers when news releases are 

posted to NRC's website. For the latest news, follow the NRC on www.twitter.com/NRCgov.
NRC TO DISCUSS UPCOMING EARTHQUAKE RE-EVALUATION

APRIL 2-3 IN PALO ALTO, CALIF.

The Nuclear Regulatory Commission will discuss with industry representatives the 

recently announced earthquake re-evaluations of U.S. commercial nuclear power plants on 

Monday, April 2, and Tuesday, April 3, in Palo Alto, Calif. 

The meeting will run from 9 a.m. – 5 p.m. PDT on April 2 and from 9 a.m. – noon PDT 

on April 3 in the Executive Briefing Room of the Electric Power Research Institute offices at 

3420 Hillview Ave. in Palo Alto. Seating will be limited, so members of the public can also 

participate in the meeting via teleconference and webinar. For information on calling in or 

participating in the webinar, please contact Christopher Gratton at 301-415-1055 or 

christopher.gratton@nrc.gov.

The meeting will discuss the generic methods for both the reanalysis of each U.S. 

reactor’s earthquake risk and the “walkdowns” of each reactor to identify any near-term actions 

for enhancing earthquake resistance. Each U.S. nuclear power plant will develop specific plans 

for these efforts in the near future. These measures are included in the NRC’s recent information 

request to all U.S. nuclear power plants as the agency implements changes in response to last 

year’s events at Japan’s Fukushima Daiichi nuclear power plant.

###

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 or by clicking on the EMAIL UPDATES 

link on the NRC homepage (www.nrc.gov). E-mail notifications are sent to subscribers when news releases are 

posted to NRC's website. For the latest news, follow the NRC on www.twitter.com/NRCgov.

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: www.nrc.gov

Blog: http://public-blog.nrc-gateway.gov

No. 12-029 March 21, 2012
#### In the Matter of the Claim of Norris Wessells, Deceased, Respondent, against Lockport Cotton Batting Company et al., Appellants. Workmen’s Compensation Board, Respondent.

Foster, P. J., Heffernan, Brewster, Deyo and Santry, JJ., concur. [See *ante,*p. 733.]
No: 13-036 May 15, 2013

CONTACT: Maureen Conley, 301-415-8200 

NRC Seeks Public Comment on Proposed Rule for

Packaging and Transporting Radioactive Materials

The Nuclear Regulatory Commission is requesting public comment on proposed changes to its 

regulations for packaging and transporting radioactive material.

The agency’s current transportation regulations are based, in part, on standards developed by the 

International Atomic Energy Agency (IAEA), an international standard-setting organization. The IAEA 

periodically revises its transportation standards to reflect acquired knowledge and experience. The NRC 

is updating its own regulations to be compatible with the IAEA’s 2009 transportation standards and the 

U.S. Department of Transportation’s regulations.

The NRC and the DOT share regulatory authority over radioactive materials transport. The 

DOT is the lead federal agency for regulating hazardous materials transport in the United States and for 

interacting with the IAEA.

The proposal includes 13 changes designed to improve consistency with IAEA standards. In 

addition, the NRC is proposing to revise a fissile material exemption to further reduce the very low 

chance that uranium with very low enrichment could inadvertently begin a nuclear chain reaction. 

The NRC is also proposing changes to the requirements for quality assurance programs to allow 

certain program amendments to be made without prior NRC approval, and to extend the duration of 

NRC’s program approvals. Quality assurance refers to the procedures and actions necessary to provide 

confidence that a system or component will perform satisfactorily. The quality assurance program 

changes will make the agency’s oversight more efficient and allow its focus to remain on reducing the 

risk of transportation incidents.

Other changes would clarify the requirements for obtaining a general license, the 

responsibilities of general licensees, and the roles of certificate holders, applicants for a certificate of 

compliance, and the users of certified transport packages.

The public may submit comments on the proposed changes within 75 days of publication in the 

Federal Register, expected shortly. The proposed rule will be available on the federal rulemaking 

website at www.regulations.gov under Docket ID NRC-2008-0198.

Comments may be submitted on that website; by email to Rulemaking.Comments@nrc.gov; by 

fax to Secretary, U.S. Nuclear Regulatory Commission, 301-415-1101; or by mail to Secretary, U.S. 

Nuclear Regulatory Commission, Washington, DC 20555-0001, ATTN: Rulemakings and 

Adjudications Staff.
#### The People of the State of New York, Respondent, v Allen Black, Appellant.

[819 NYS2d 668]

Application by the appellant for a writ of error coram nobis to vacate, on the ground of ineffective assistance of appellate counsel, a decision and order of this Court dated April 15, 1991 *(People v Black,*172 AD2d 678 [1991]), affirming a judgment of the County Court, Westchester County, rendered May 5, 1987.

Ordered that the application is denied.

The appellant has failed to establish that he was denied the effective assistance of appellate counsel *(see Jones v Barnes,*463 US 745 [1983]; *People v Stultz,*2 NY3d 277 [2004]). Florio, J.P., Adams, Santucci and Dillon, JJ., concur.
#### § 930.70 Objectives.

The provisions of this subpart are intended to ensure that all federal license or permit activities described in detail in OCS plans and which affect any coastal use or resource are conducted in a manner consistent with approved management programs.
**Exhibit
      32.1**


Certification
      Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C.
§1350)





I,
      Thomas
      W. Martin, Chairman, Chief Executive Officer and President of ICON Capital
      Corp., the Manager of the Registrant in connection with the Quarterly Report
      of
      ICON Income Fund Ten, LLC (the "LLC") on Form 10-Q/A for the period ended
      September 30, 2007, as filed with the Securities and Exchange Commission on
      the
      date hereof (the "Quarterly Report") certify, pursuant to Section 906 of the
      Sarbanes-Oxley Act of 2002, that, to the best of my knowledge:





1.
            The
                Quarterly Report fully complies with the requirements of Section
                13(a) or
                15(d) of the Securities Exchange Act of 1934 (15 U.S.C. §78m);
                and





2.
            The
                information contained in the Quarterly Report fairly presents, in
                all
                material respects, the financial condition and results of operations
                of
                the LLC.








*Dated:
      December 11, 2007*





*/s/
      Thomas W. Martin*


Thomas
      W.
      Martin


Chairman,
      Chief Executive Officer and President of the Manager


(Principal
      Executive Officer)


ICON
      Capital Corp.


Manager
      of ICON Income Fund Ten, LLC