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# SECY-14-0143, Regulatory Gap Analysis of the Nuclear Regulatory Commission's Cost Benefit Guidance and Practices

Accession Number: ML14280A426

Date Released: Monday, January 5, 2015

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The following links on this page are to Adobe Portable Document Format (PDF) files. To obtain a free viewer for displaying this format, see our Plugins, Viewers, and Other Tools.
    - ML14339A803 - SECY 14-0143:  Regulatory Gap Analysis of the Nuclear Regulatory Commission's Cost Benefit Guidance and Practice (14 page(s), 12/16/2014)
    - ML14280A337 - SECY-14-0143:  Enclosure 1 - Scope and Methodology of Gap Analysis of the U.S. Nuclear Regulatory Commission's Cost-Benefit Practice (4 page(s), 12/16/2014)
    - ML14280A268 - SECY-14-0143:  Enclosure 2 - Differences in Cost-Benefit Practices in the U.S. Nuclear Regulatory Commission (3 page(s), 12/16/2014)
    - ML14280A333 - SECY-14-0143:  Enclosure 3 - Enhancements to be Considered in Future Guidance Updates (8 page(s), 12/16/2014)

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#### § 971.410 Notice of issuance or transfer.

If the Administrator finds that the requirements of this subpart have been met, he will issue or transfer the permit along with the appropriate TCRs. Notice of issuance or transfer will be made in writing to the applicant and published in the Federal Register.
### SUBCHAPTER II—ORGANIZATION
EX-10.2



 






Exhibit 10.2




AMENDMENT NUMBER FIFTEEN TO

THE METLIFE PLAN FOR TRANSITION ASSISTANCE FOR OFFICERS




     THE METLIFE PLAN FOR TRANSITION ASSISTANCE FOR OFFICERS (the “Plan”) is hereby amended as
follows:



     1. Section 1.4.09(a) is hereby amended and restated in its entirety as follows:



     “(a) is employed by the Company or a Subsidiary and compensated in or from the United States,”



     2. The second sentence of Section 4.1 is hereby amended and restated in its entirety as
follows:




“The Company or Subsidiary may, in its sole and absolute discretion, grant Severance Pay in
excess of or less than the amount reflected in this Plan taking all pertinent facts and
circumstances into consideration, including but not limited to any amount to which the Company
or Subsidiary offers or pays to a Participant as a result of the Participant’s Discontinuance
of Employment pursuant to any applicable law.”



     3. This amendment shall be effective on June 1, 2007.



     In
witness whereof, the Company has caused this amendment to be executed by an officer thereunto
duly authorized on the date noted below the officer’s signature.



METROPOLITAN LIFE INSURANCE COMPANY




	 	 	 
	By: /s/ Debra Capolarello
	 	 
	 
	 	 
	Date: 6/1/2007
	 	 
	 
	 	 
	Witness:
/s/ Lucida M. Bullard
Hillsborough,

Dec., 1896.

#### Marston & *a. v.*Osgood.

A levying creditor’s conveyance of land with warranty is competent and sufficient evidence of his acceptance of seizin.

One in possession of real estate under a bond for a deed is equitably entitled, upon performance of his part of the contract, to a conveyance from one-claiming under a levy on execution against the obligor; but as defendant in a writ of entry, his right to a deed is no defence to the legal title of the-levying creditor or those claiming under him.

*97Writ of Entry. Trial by tbe court and verdict for tbe plaintiffs. May 12,1882, Charles Sanborn owned the demanded premises, and on that day gave the defendant a bond to convey the same to him at any time within three years, upon the payment of §1,500, together with interest thereon, to be paid every three months, and all taxes. By the terms of the bond, the defendant was entitled to take and took immediate possession of the premises, and has ever since remained in possession. lie paid the interest to May 12, 1883, and the taxes, but has paid nothing since. May 28, 1883, T. G. Sanborn caused the premises to be attached on his writ against Charles Sanborn; and having obtained judgment, caused the execution issued thereon to be levied on the premises, December 19, 1884. In April, 1886, he conveyed the same with warranty to George Marston, since deceased, whoso heirs-at-law the plaintiffs are. The officer returned that he delivered seizin to the creditor’s attorney. The defendant objected to the levy because the return does not show that the creditor accepted seizin. The court found that the creditor accepted seizin and overruled the objection, subject to exception. The defendant claimed that the levy was void as against him, but the court ruled otherwise, and he excepted.

*Oreenleaf K. Bartlett*and *David Cross,*for the plaintiffs.

*Alpheus C. Osgood*and *David A. Taggari,*for the defendant.

Carpenter, C. J.

The levying creditor’s conveyance of the-land with -warranty was competent and sufficient evidence of his acceptance of seizin.

The defendant was in equity entitled to a conveyance upon the performance of his part of the contract. He owned an interest in the land. P. S., *c.*233, *s.*19; *Edgerly*v. *Sanborn,*6 N. H. 397, 399. Of this interest his possession of the premises was-constructive notice. *Pritchard*v. *Brown,*4 N. H. 397; *Cutting*v. *Pike,*21 N. H. 347. His equitable right to a conveyance was not affected by the levy. Under it the creditor took the legal estate, subject to the equitable obligation to convey the land to the defendant on his performance of the conditions of the bond. 1 Sto. Eq. Jur., *ss.*784, 788.

But the defendant’s remedy for a denial of his right is in equity. A full performance of the conditions of the bond before the levy or attachment would, in the absence of fraud, afford him no defence to the present action. *Ela*v. *Pennock,*38 N. H. 154.

*Exceptions overruled.*

Clark, J., did not sit: the others concurred.
#### § 1028.124 Conditions

With respect to any research project or any class of research projects the department or agency head of either the conducting or the supporting Federal department or agency may impose additional conditions prior to or at the time of approval when in the judgment of the department or agency head additional conditions are necessary for the protection of human subjects.
```

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2492 Introduced in House (IH)]

108th CONGRESS
  1st Session
                                H. R. 2492

  To ensure that recreation benefits are accorded the same weight as 
    hurricane and storm damage reduction benefits and environmental 
                         restoration benefits.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             June 17, 2003

 Mr. Lampson introduced the following bill; which was referred to the 
             Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL

 
  To ensure that recreation benefits are accorded the same weight as 
    hurricane and storm damage reduction benefits and environmental 
                         restoration benefits.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Beach Recreation Act''.

SEC. 2. GIVING RECREATIONAL BENEFITS THE SAME STATUS AS OTHER BEACH 
              RESTORATION BENEFITS.

    Subsection (e)(2)(B)(i) of the 1st section of the Act entitled ``An 
Act authorizing Federal participation in the cost of protecting the 
shores of publicly owned property'', approved August 13, 1946 (33 
U.S.C. 426e), is amended by adding at the end the following: ``In 
making such recommendations, the Secretary shall develop and implement 
procedures that treat recreational, hurricane and storm damage 
reduction, and environmental restoration benefits equally.''.
                                 <all>
```
Exhibit 32


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 this Amendment No.1 to the annual report of Motor Sports Country Club Holding, Inc. (the “Company”) on Form 10-K for the fiscal year ended December 31, 2010 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), Claus Wagner, Chief Executive Officer of the Company and in his capacity as Principal Financial Officer of the Company, certifies, pursuant to 18 U.S.C. section 1350 of the Sarbanes-Oxley Act of 2002, that:





(1)  The Report fully complies with the requirements of section 13(a) or 15(d) 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 Company.








Date: August 14, 2012
By:
/s/ Claus WagnerClaus Wagner

Chief Executive Officer and in his capacity as Principal Financial Officer
§ 16.13 Renewal of advisory committees. ( a ) Any advisory committee established under this part may be renewed by appropriate action of the Commission and the filing of a new charter. An advisory committee may be continued by such action for successive two-year periods.
( b ) Before it renews an advisory committee in accordance with paragraph (a) of this section, the Commission will inform the Administrator by letter, not more than sixty days nor less than thirty days before the committee expires, of the following: ( 1 ) Its determination that a renewal is necessary and in the public interest;
( 2 ) The reasons for its determination;
( 3 ) The Commission's plan to maintain balanced membership on the committee;
( 4 ) An explanation of why the committee's functions cannot be performed by the Commission or by an existing advisory committee.
( c ) Upon receipt of the Administrator's notification of concurrence or nonconcurrence, the Commission shall publish a notice of the renewal in the Federal Register, which shall certify that the renewal of the advisory committee is in the public interest and shall include all the matters set forth in paragraph (b) of this section. The Commission shall cause a new charter to be prepared and filed in accordance with the provisions of §§ 16.5 and 16.6 of this part.
( d ) No advisory committee that is required under this section to file a new charter for the purpose of renewal shall take any action, other than preparation and filing of such charter, between the date the new charter is required and the date on which such charter is actually filed.
# Third District Court of Appeal State of Florida Opinion filed January 20, 2021. Not final until disposition of timely filed motion for rehearing.

________________ No. 3D20-1012 Lower Tribunal No. 19-34863

________________ 

### L. Powers, Appellant, vs. 

### Arthur J. Morburger, Appellee. An Appeal from the Circuit Court for Miami-Dade County, Martin Zilber, Judge. L. Powers, in proper person. Arthur J. Morburger, in proper person. Before EMAS, C.J., and LINDSEY, and HENDON, JJ. PER CURIAM. Affirmed.
### §10142. Disposal of spent nuclear fuel

Notwithstanding any other provision of this part, any repository constructed on a site approved under this part shall be designed and constructed to permit the retrieval of any spent nuclear fuel placed in such repository, during an appropriate period of operation of the facility, for any reason pertaining to the public health and safety, or the environment, or for the purpose of permitting the recovery of the economically valuable contents of such spent fuel. The Secretary shall specify the appropriate period of retrievability with respect to any repository at the time of design of such repository, and such aspect of such repository shall be subject to approval or disapproval by the Commission as part of the construction authorization process under subsections (b) through (d) of section 10134 of this title.

(Pub. L. 97–425, title I, §122, Jan. 7, 1983, 96 Stat. 2228.)
Panel 7: Questions

• How can we deal with evolutionary changes in 

the coastal environment in PFHA (sea level, 

natural defenses, new technologies, etc.)?

• Relative to PFHA, what do you feel could be some 

important contributions by your group?

• How can we quantify the effects of upper limits 

on PFHA estimates?

• What are you see as some significant 

shortcomings (technical and administrative) that 

could hamper our efforts in PFHA for coastal 

surges? 
Panel 7: Significant Observations

• Significant progress has been made in modeling in 

probabilistic analysis 

• Need for peer-review with mixture of expertise 

involved

• Education probabilistic concepts and hazards needed

• Agencies are collaborating and will continue to but this 

can be improved/expanded

• Risk-informed decision-making can be expanded (e.g. 

emergency response)

• Documenting full range of return periods as opposed 

to specific limits (e.g., 1% line)
Panel 7: Insights

• How well can we understand the upper limit of the 

parameters involved (e.g., Atlantic Coast)?

• Coastal evolution is dynamic which combined with sea level 

rise requires design and development of coastal facilities to 

be adaptive

– Shallow bathymetry may become more important

– This variability makes paleo-analysis more difficult but this 

should be pursued

• Potential collaborations

– Multi-agency effort on coordinating guidance between large 

existing programs

– Wide forum for Agencies to share data and modeling results 

– Creation and maintenance of joint database of mode results
§ 1101.62 Statutory exceptions to section 6(b)(5) requirements. ( a ) *Scope.* The limitations established by section 6(b)(5) do not apply to the public disclosure of: ( 1 ) Information with respect to a consumer product which is the subject of an action brought under section 12 (*see* § 1101.42);
( 2 ) Information with respect to a consumer product which the Commission has reasonable cause to believe is in violation of any consumer product safety rule or provision under the Consumer Product Safety Act (Pub. L. 92-573, 86 Stat. 1207, as amended (15 U.S.C. 2051, *et seq.*)) or similar rule or provision of any other act enforced by the Commission; or
( 3 ) Information in the course of or concerning a judicial proceeding (*see* § 1101.45).
[48 FR 57430, Dec. 29, 1983, as amended at 73 FR 72335, Nov. 28, 2008]
§ 923.1 Purpose and scope. ( a ) The regulations in this part set forth the requirements for State coastal management program approval by the Assistant Administrator for Ocean Services and Coastal Zone Management pursuant to the Coastal Zone Management Act of 1972, as amended (hereafter, the Act); the grant application procedures for program funds; conditions under which grants may be terminated; and requirements for review of approved management programs.
( b ) Sections 306 and 307 of the Act set forth requirements which must be fulfilled as a condition of program approval. The specifics of these requirements are set forth below under the following headings: General Requirements; Uses Subject to Management; Special Management Areas; Boundaries; Authorities and Organization; and Coordination, Public Involvement and National Interest. All relevant sections of the Act are dealt with under one of these groupings, but not necessarily in the order in which they appear in the Act.
( c ) In summary, the requirements for program approval are that a State develop a management program that: ( 1 ) Identifies and evaluates those coastal resources recognized in the Act as requiring management or protection by the State;
( 2 ) Reexamines existing policies or develops new policies to manage these resources. These policies must be specific, comprehensive, and enforceable;
( 3 ) Determines specific use and special geographic areas that are to be subject to the management program, based on the nature of identified coastal concerns;
( 4 ) Identifies the inland and seaward areas subject to the management program;
( 5 ) Provides for the consideration of the national interest in the planning for and siting of facilities that meet more than local requirements;
( 6 ) Includes sufficient legal authorities and organizational arrangements to implement the program and to ensure conformance to it. In arriving at these elements of the management program, States are obliged to follow an open process which involves providing information to and considering the interests of the general public, special interest groups, local governments, and regional, State, interstate, and Federal agencies;
( 7 ) Provides for public participation in permitting processes, consistency determinations, and other similar decisions;
( 8 ) Provides a mechanism to ensure that all state agencies will adhere to the program; and
( 9 ) Contains enforceable policies and mechanisms to implement the applicable requirements of the Coastal Nonpoint Pollution Control Program of the state required by section 6217 of the Coastal Zone Act Reauthorization Amendments of 1990.
NRC SEEKS PUBLIC COMMENT ON DRAFT ENVIRONMENTAL IMPACT 

STATEMENT FOR ROSS URANIUM RECOVERY PROJECT

The Nuclear Regulatory Commission is asking the public to comment on a draft 

Supplemental Environmental Impact Statement (SEIS) for the proposed Ross in-situ uranium 

recovery project in Crook County, Wyo. The draft SEIS includes the NRC staff’s preliminary 

recommendation to grant the license unless safety issues mandate otherwise.

Strata Energy Inc. submitted a license application for the facility on Jan. 4, 2011. The 

license would authorize Strata to construct, operate and ultimately decommission the facility, 

which would use the in-situ leach process to recover uranium from underground ore and convert 

the recovered uranium into yellowcake for use in the production of nuclear fuel. 

The NRC draft report analyzes environmental impacts specific to the Ross site and 

mitigation strategies to reduce or avoid adverse effects on the surrounding environment. The 

staff completed a separate technical review to analyze safety aspects of the application in 

February 2013. That review found Strata’s license application meets the NRC’s regulatory 

requirements. An NRC Atomic Safety and Licensing Board will hold a hearing on environmental 

contentions in June 2014.

Public comments on the draft SEIS will be accepted for 45 days following publication of 

a notice in the Federal Register, expected March 29. Comments may be submitted using the 

federal government’s rulemaking website after that date using Docket ID NRC-2013-0148. They 

may also be mailed to Cindy Bladey, Chief, Rules, Announcements and Directives Branch, 

Office of Administration, Mail Stop TWB-05-B01M, U.S. Nuclear Regulatory Commission, 

Washington D.C. 20555-0001. 

The draft SEIS for the proposed Ross project is available on the NRC website as 

Supplement 5 to NUREG-1910, Generic Environmental Impact Statement for In-Situ Leach 

Uranium Milling Facilities. More information on the application and the staff’s review is also 

available on 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. 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. 13-018 March 21, 2013
#### § 1109.2 Purpose.

The purpose of this part is to set forth the conditions and requirements under which passing component part test reports, certification of component parts of consumer products, or finished product testing or certification procured or issued by another party, can be used to meet, in whole or in part, the testing and certification requirements of sections 14(a) and 14(i) of the CPSA.
§ 1500.15 Labeling of fire extinguishers. When a substance or mixture of substances labeled for use in or as a fire extinguisher produces substances that are toxic within the meaning of § 1500.3(c) (1) and (2) when used according to label directions to extinguish a fire, the containers for such substances shall bear the following labeling: ( a ) When substances are produced that meet the definition of highly toxic in § 1500.3(c)(1), the signal word “Danger” and the statement of hazard “Poisonous gases formed when used to extinguish flame or on contact with heat” are required labeling.
( b ) When substances are produced that meet the definition of toxic in § 1500.3(c)(2), the signal word “Caution” or “Warning” and the statement of hazard “Dangerous gas formed when used to extinguish flame or on contact with heat” are required labeling.
( c ) Regardless of whether paragraph (a) or (b) of this section applies, any substance or mixture of substances labeled for use as a fire extinguisher that, if applied to an electrical fire, would subject the user to the likelihood of electrical shock shall be conspicuously labeled “Caution: Do not use on electrical wires.”
( d ) The statements specified in paragraphs (a), (b), and (c) of this section shall be in addition to any other that may be required under the act. All such substances or mixtures of substances shall also bear the additional statements “Use in an enclosed place may be fatal” and “Do not enter area until well ventilated and all odor of chemical has disappeared.”
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# June 2011 Report on the Status of Public Petitions Under Title 10 of the Code of Federal Regulations, Section 2.206.

Accession Number: ML111890234

Date Released: Wednesday, July 20, 2011

Package Contents

The following links on this page are to Adobe Portable Document Format (PDF) files. To obtain a free viewer for displaying this format, see our Plugins, Viewers, and Other Tools.
    - ML111860038 - June 2011 Report On the Status of Public Petitions Under Title 10 of the Code of Federal  Regulations, Section 2.206. (3 page(s), 7/15/2011)
    - ML111860039 - Enclosures: June 2011 10 CFR 2.206 Monthly Status Report. (24 page(s), 7/15/2011)

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Exhibit 32.2

Certification of the Chief Financial Officer

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 Inergy Holdings, L.P. (the Company) on Form 10-Q for the period ended
December 31, 2009 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, R. Brooks Sherman, Jr., Chief Financial Officer of Inergy Holdings, L.P., certify, pursuant to 18 U.S.C. § 1350, as
adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:



| | (1) | The Report fully complies with the requirements of Section 13(a) or 15(d) 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 Company.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------



/s/ R. Brooks Sherman, Jr.R. Brooks Sherman, Jr. Chief Financial OfficerFebruary 3, 2010


A signed original of this written statement required by Section 906, or
other document authenticating, acknowledging, or otherwise adopting the signature that appears in typed form within the electronic version of this written statement required by Section 906, has been provided to the Company and will be retained
by the Company and furnished to the Securities and Exchange Commission or its staff upon request.



41