alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
IN RESPONSE, PLEASE 

REFER TO: M150309 

March 9, 2015 

MEMORANDUM FOR: Margaret M. Doane 

 General Counsel 

 

 Brooke Poole, Director 

Office of Commission Appellate Adjudication 

FROM: Annette L. Vietti-Cook, Secretary /RA/ 

SUBJECT: STAFF REQUIREMENTS - AFFIRMATION SESSION, 3:45 P.M., 

MONDAY, MARCH 9, 2015, COMMISSIONERS' CONFERENCE 

ROOM, ONE WHITE FLINT NORTH, ROCKVILLE, MARYLAND 

(OPEN TO PUBLIC ATTENDANCE) 

I. SECY-14-0140 – Omaha Public Power District (Fort Calhoun Station, Unit 1), Petition to 

Intervene and Request for Adjudicatory Hearing by Sierra Club (Apr. 23, 2014) 

The Commission approved a Memorandum and Order responding to a hearing request by the 

Sierra Club on license amendments it claims are, or will be, required for the Fort Calhoun 

Station. The Memorandum and Order denies the hearing request and refers the matters raised 

in it to the Executive Director for Operations for consideration under 10 C.F.R. § 2.206. 

(Subsequently, on March 9, 2015, the Secretary signed the Memorandum and Order.) 

II. SECY-14-0115 - Entergy Nuclear Operations, Inc. (Indian Point Nuclear Generating 

Units 2 and 3), Petitions for Review of LBP-13-13 and Related Decisions (Appeals of 

Board Decisions Related to Contentions NYS-8 and CW-EC-3A) 

The Commission1

 approved a Memorandum and Order addressing petitions for review of two 

contentions resolved in LBP-13-13: New York State’s Contention NYS-8 (aging management 

review of transformers) and Hudson River Sloop Clearwater’s Contention CW-EC-3A 

(environmental justice). The Memorandum and Order reverses the Board’s decision with 

respect to Contention NYS-8, and affirms in part, and reverses in part, its decision with respect 

to Contention CW-EC-3A. 

(Subsequently, on March 9, 2015, the Secretary signed the Memorandum and Order.) 

 

 1 Chairman Burns did not participate in this matter. 
cc: Chairman Burns 

 Commissioner Svinicki 

 Commissioner Ostendorff 

 Commissioner Baran 

 EDO 

 OGC 

 CFO 

 OCAA 

 OCA 

 OIG 

 OPA 

 Office Directors, Regions, ACRS, ASLBP (via E-Mail) 

 PDR
§ 500.25 Net quantity, average quantity, permitted variations. ( a ) The statement of net quantity of contents shall accurately reveal the quantity of the commodity in the container exclusive of wrappers and other material packed therewith: *Provided,* that in the case of a commodity packed in a container designed to deliver the commodity under pressure, the statement shall declare the net quantity of the contents that will be expelled when the instructions for use are followed. The propellant is included in the net quantity statement.
( b ) Variations from the stated weight or mass or measure shall be permitted when caused by ordinary and customary exposure, after the commodity is introduced into interstate commerce, to conditions which normally occur in good distribution practice and which unavoidably result in change of weight or mass or measure.
( c ) Variations from the stated weight or mass, measure, or numerical count shall be permitted when caused by unavoidable deviations in weighing, measuring, or counting the contents of individual packages which occur in good packaging practice: *Provided,* that such variations shall not be permitted to such extent that the average of the quantities in the packages comprising a shipment or other delivery of the commodity is below the quantity stated, and no unreasonable shortage in any package will be permitted even though overages in other packages in the same shipment or delivery compensate for such shortage. Variations from stated quantity of contents shall not be unreasonably large.
Amendment Number 2 between James J. Bryja and Foundation Coal Corporation



 EXHIBIT 10.1 
 Amendment Number 2 to 
 AMENDED AND RESTATED 
 EMPLOYMENT AGREEMENT 
 James J. Bryja

 THIS AMENDMENT, is made effective as of June 18, 2007, by and between Foundation Coal Corporation, a Delaware corporation (the
“Company”) and (“Executive”). 
 WHEREAS, the Company and Executive previously entered into an Amended and
Restated Employment Agreement, dated March 13, 2006 (the “Employment Agreement”); and 
 WHEREAS, the Company and
Executive previously entered into Amendment Number 1, dated January 3, 2007, to the Employment Agreement (the “Amendment Number 1”); and 
 WHEREAS, the Nominating and Corporate Governance Committee of the Board of Directors (“Nominating Committee”) has developed a Chief Executive Officer (the “CEO”) development plan for
the development of a succession candidate for the position of CEO and other key organization changes; and 
 WHEREAS, the Compensation
Committee of the Board of Directors of the Company (“Compensation Committee”) has sought the services of its independent compensation consultant regarding the appropriate executive compensation package for the CEO succession
candidate and other key management; and 
 WHEREAS, the Compensation Committee has reviewed the information provided by its independent
compensation consultant and has determined it would be in the best interest of the Company and its Stockholders to further amend the Employment Agreement to revise the title and base salary of the Executive. 
 NOW, THEREFORE, in consideration of the premises and mutual covenants herein and for other good and valuable consideration, the parties agree as follows:

 Section 2. Position. The first two sentences of Section 2 shall be revised to read as follows: 
 During the Employment Term, Executive shall serve as the Company’s Senior Vice President, Operations. In such position, the Executive shall report
directly to the Chief Executive Officer (“CEO”) of the Company, or such executive officer who is at the time a succession candidate for the CEO position, and shall have such duties and authority as shall be determined from time to time by
the CEO or such succession candidate. 
 Section 3. Base Salary. During the Employment Term, the Company shall pay Executive a
base salary at the annual rate of $325,000. 
  

 1 








 Except as otherwise noted in this Amendment Number 2, all other terms and conditions of the Employment Agreement remain
as originally written. In the event of any inconsistency between the terms of this Amendment Number 2 and the terms of the Employment Agreement, the terms of this Amendment Number 2 shall be controlling. 
 IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the day and year first above written. 
  

					
	FOUNDATION COAL CORPORATION	 	JAMES J. BRYJA
			
		 	 /s/ Michael R. Peelish
	 	 /s/ James J. Bryja

	 By:
	 	Michael R. Peelish	 	
	 Title:
	 	SVP Safety and Human Resources	 	

  

 2
#### The People of the State of New York, Respondent, v Johnnie McMillon, Appellant.

(Appeal No. 2.)

[821 NYS2d 545]

Appeal from a resentence of the Erie County Court (Timothy J. Drury, J.), rendered February 10, 2005. Defendant was resentenced upon his conviction of attempted robbery in the second degree.

It is hereby ordered that the resentence so appealed from be and the same hereby is unanimously affirmed. Present— Hurlbutt, J.P., Scudder, Gorski and Green, JJ.
§ 1031.18 Method of review and comment. ( a ) Each of the voluntary standards activities in which Commission staff is involved shall have a unique Web link on the Commission Web site with relevant information regarding CPSC activity, including: ( 1 ) The name(s) of CPSC staff working on the activity; and
( 2 ) The e-mail and mailing addresses of the CPSC Office of the Secretary, to which any interested party may communicate their particular interest.
( b ) E-mail and written comments on voluntary standards from the public to the CPSC shall be managed by the Office of the Secretary. Such communication shall be forwarded to appropriate staff for consideration and/or response.
( c ) On the voluntary standards Web site, consumers shall have the opportunity to register for periodic e-mail notices from the Commission with respect to their standard of interest. Such notices shall be issued by the CPSC each time a voluntary standard site has been updated and no less than once every calendar year.
EXHIBIT 32.2

CERTIFICATION OF

CHIEF FINANCIAL OFFICER

PURSUANT TO 18 U.S.C. SECTION 1350

(SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002)

In connection with the accompanying Quarterly Report on Form 10-Q of
MediciNova, Inc. (the Company) for the period ended September 30, 2008, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Shintaro Asako, as Vice President and Chief Financial
Officer of the Company, hereby certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to my knowledge:

1. The Report fully complies with the requirements of Section 13(a) 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: November 10, 2008By:

/s/    SHINTARO ASAKOShintaro Asako Vice President and Chief Financial Officer (Principal Financial Officer)


The foregoing certification is being furnished solely to accompany the Report pursuant to 18
U.S.C. Section 1350, and is not being filed for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, and such certification is not to be incorporated by reference into any filing of the Company, whether made before or
after the date hereof, regardless of any general incorporation language in such filing. A signed original 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.
```

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2438 Referred in Senate (RFS)]

  1st Session
                                H. R. 2438

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            November 5, 2003

  Received; read twice and referred to the Committee on Governmental 
                                Affairs

_______________________________________________________________________

                                 AN ACT

 
 To designate the facility of the United States Postal Service located 
  at 115 West Pine Street in Hattiesburg, Mississippi, as the ``Major 
            Henry A. Commiskey, Sr. Post Office Building''.

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

SECTION 1. DESIGNATION.

    The facility of the United States Postal Service located at 115 
West Pine Street in Hattiesburg, Mississippi, shall be known and 
designated as the ``Major Henry A. Commiskey, Sr. Post Office 
Building''.

SEC. 2. REFERENCES.

    Any reference in a law, map, regulation, document, paper, or other 
record of the United States to the facility referred to in section 1 
shall be deemed to be a reference to the ``Major Henry A. Commiskey, 
Sr. Post Office Building''.

            Passed the House of Representatives November 4, 2003.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.
```
IN RESPONSE, PLEASE 

 REFER TO: M150709A 

 July 15, 2015 

MEMORANDUM TO: Mark A. Satorius 

 Executive Director for Operations 

FROM: Annette Vietti-Cook, Secretary /RA/ 

SUBJECT: STAFF REQUIREMENTS – BRIEFING ON THE MITIGATION OF 

BEYOND DESIGN BASIS EVENTS RULEMAKING, 9:00 A.M., 

THURSDAY, JULY 9, 2015, COMMISSIONERS’ CONFERENCE 

ROOM, ONE WHITE FLINT NORTH, ROCKVILLE, MARYLAND 

(OPEN TO PUBLIC ATTENDANCE) 

The Commission was briefed by an external panel and a panel of NRC staff on the Mitigation of 

Beyond Design Basis Events Rulemaking. The external panel included Anthony Pietrangelo, 

Senior Vice President and Chief Nuclear Officer, Nuclear Energy Institute; Stuart Lewis, 

Program Manager, Electric Power Research Institute; Jack Stringfellow, Chairman, Pressurized 

Water Reactor Owners Group; and David Lochbaum, Director, Nuclear Safety Project, Union of 

Concerned Scientists. 

Direction on this rulemaking will be provided to the staff in the Staff Requirements Memorandum 

for SECY-15-0065, “Proposed Rulemaking: Mitigation of Beyond-Design Basis Events (RIN 

3150-AJ49).” 

cc: Chairman Burns 

 Commissioner Svinicki 

 Commissioner Ostendorff 

 Commissioner Baran 

 OGC 

 CFO 

 OCA 

 OIG 

 OPA 

 ODs, RAs, ACRS, ASLBP (via E-Mail) 

 PDR
2007 Board of Directors Compensation Plan



 Exhibit 10.27 
 WASTE INDUSTRIES USA, INC. 
 2007 BOARD OF DIRECTOR COMPENSATION PLAN 
 Effective January 1, 2007, the non-employee directors of Waste Industries USA, Inc. will receive an annual fee of $75,000. The chairman of the Audit
Committee will receive an additional $15,000 and the chairman of the Compensation Committee will receive an additional $10,000. The total cash fees due a director will be paid in shares of Waste Industries common stock, unless the director elects to
receive up to one-third of that amount in cash, which election is to be made at the beginning of the year. The fees will be earned and paid quarterly and the number of shares to be received will be calculated at the end of each quarter by dividing
the dollar amount of the retainer to be received in stock by the closing price of Waste Industries common stock as reported on Nasdaq on the last day of that quarter.
§ 3.34 Subpoenas. ( a ) *Subpoenas ad testificandum.* Counsel for a party may sign and issue a subpoena, on a form provided by the Secretary, requiring a person to appear and give testimony at the taking of a deposition to a party requesting such subpoena or to attend and give testimony at an adjudicative hearing.
( b ) *Subpoenas duces tecum; subpoenas to permit inspection of premises.* Counsel for a party may sign and issue a subpoena, on a form provided by the Secretary, commanding a person to produce and permit inspection and copying of designated books, documents, or tangible things, or commanding a person to permit inspection of premises, at a time and place therein specified. The subpoena shall specify with reasonable particularity the material to be produced. The person commanded by the subpoena need not appear in person at the place of production or inspection unless commanded to appear for a deposition or hearing pursuant to paragraph (a) of this section. As used herein, the term “documents” includes written materials, electronically stored information, and tangible things. A subpoena *duces tecum* may be used by any party for purposes of discovery, for obtaining documents for use in evidence, or for both purposes, and shall specify with reasonable particularity the materials to be produced.
( c ) *Motions to quash; limitation on subpoenas.* Any motion by the subject of a subpoena to limit or quash the subpoena shall be filed within the earlier of 10 days after service thereof or the time for compliance therewith. Such motions shall set forth all assertions of privilege or other factual and legal objections to the subpoena, including all appropriate arguments, affidavits and other supporting documentation, and shall include the statement required by § 3.22(g). Nothing in paragraphs (a) and (b) of this section authorizes the issuance of subpoenas except in accordance with §§ 3.31(c)(2) and 3.36.
[74 FR 1828, Jan. 13, 2009]
No: II-15-018 April 6, 2015

 CONTACT: Roger Hannah 404-997-4417 

Joey Ledford 404-997-4416 

NRC Schedules Meeting To Discuss Safety Performance of Westinghouse 

Nuclear Fuel Plant in Columbia

The U. S. Nuclear Regulatory Commission staff will meet with Westinghouse management in 

Columbia, S.C., on Tuesday, April 14 to discuss the results of a regulatory safety performance review 

at the company’s commercial nuclear fuel fabrication plant.

The meeting will be held at 4 p.m. in the Red Room of the South Carolina State Museum, 301 

Gervais St. in Columbia. The meeting will be open to the public and media, and NRC officials will be 

available after the formal presentation to answer questions.

The NRC staff assessed performance at Westinghouse during a period beginning Jan. 1, 2013,

and ending Dec. 31, 2014, in the areas of safety operations, radiological controls, facility support and 

special topics. The NRC staff review determined that Westinghouse continued to conduct its activities 

safety and securely, protecting public health and the environment.

“The NRC inspects Westinghouse and other nuclear fuel facilities on an ongoing basis to 

monitor their performance,” said NRC Region II Administrator Victor McCree, “Our inspection reports

are publicly available and we also hold regular meetings like this one near each facility to discuss our 

oversight and answer local residents’ questions.”

A copy of the NRC letter to the company regarding the performance review is publicly 

available on the NRC website.
#### In the Matter of J. Roland Sala, a City Magistrate of the City of New York.

Present — Nolan, P. J., Carswell, Johnston, Adel and Sneed, JJ. [See *post,*p. 766.]
[Civil No. 262.

Filed April 18, 1890.]

[24 Pac. 257.]

#### ISAAC B. HAND, Plaintiff and Appellee, v. WILLIAM M. RUFF, Defendant and Appellant.

1. Appeal and Ereoe—Motion foe New Trial—Must be Determined During Term When Made—Par. 837, Rev. Stats. Ariz. 1887, Cited and Held Mandatory.—Statute, *supra,*is mandatory and requires that a motion for new trial be determined at the term when the motion is made. If not it is discharged by operation of law at the end of the term.

2. Same—Jurisdiction—Notice of Appeal—Bond—Dismissal for Want op Jurisdiction.—Notice of appeal must be given during the term and the bond on appeal must be filed within twenty days after the term at which final judgment is rendered to give this court jurisdiction. Where failure to comply with these requirements appears of record the appeal must be dismissed for want of jurisdiction.

APPEAL from a judgment of the District Court of the Second Judicial District in and for the County of Maricopa. William W. Porter, Judge.

Dismissed.

The facts are stated in the opinion.

Goodrich & Street, for Appellant.

Baker & Campbell, for Appellee.

SLOAN, J.

This cause was tried at the May, 1888, term of the district court of Maricopa County. The judgment was entered on the fourteenth day of June, 1888. The first Monday in November following was the day fixed by law for the beginning of the succeeding term of said court. There is a minute entry of the clerk in the transcript show*176ing that a motion for a new trial in this case, submitted at the May term, was overruled by the court on the third day of December, 1888, and notice of appeal given on that day. The bond on appeal was filed on the twelfth day of December, 1888.

Paragraph 837, Revised Statutes 1887, requires that a motion for a new trial shall be determined at the term when the motion is made. This requirement of the statute is mandatory. If a motion for a new trial be not acted upon during the term, it is discharged at the end of the term by operation of law. *McKean*v. *Ziller,*9 Tex. 58. The remedy, in such a case, is to apply to the court for action upon the motion before the end of the term. *Laird*v. *State,*15 Tex. 317.

The notice of appeal must be made during the term, and the bond on appeal must be filed within twenty days after the term, at which final judgment is entered. These requirements must be strictly complied with to give this court jurisdiction. In this case no notice of appeal was made during the term at which the judgment was entered, and no bond given until more than twenty days after the end of the term. These facts appearing upon the record, the appeal must be dismissed for want of jurisdiction. It is so ordered.

Wright, C. J., and Kibbey, J., concurring.
112TH CONGRESS 

1ST SESSION H. R. 359 

AN ACT 

To reduce Federal spending and the deficit by terminating 

taxpayer financing of presidential election campaigns and 

party conventions. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
2 

•HR 359 EH

1 SECTION 1. TERMINATION OF TAXPAYER FINANCING OF 

2 PRESIDENTIAL ELECTION CAMPAIGNS. 

3 (a) TERMINATION OF DESIGNATION OF INCOME TAX

4 PAYMENTS.—Section 6096 of the Internal Revenue Code 

5 of 1986 is amended by adding at the end the following 

6 new subsection: 

7 ‘‘(d) TERMINATION.—This section shall not apply to 

8 taxable years beginning after December 31, 2009.’’. 

9 (b) TERMINATION OF FUND AND ACCOUNT.— 

10 (1) TERMINATION OF PRESIDENTIAL ELECTION

11 CAMPAIGN FUND.— 

12 (A) IN GENERAL.—Chapter 95 of subtitle 

13 H of such Code is amended by adding at the 

14 end the following new section: 

15 ‘‘SEC. 9014. TERMINATION. 

16 ‘‘The provisions of this chapter shall not apply with 

17 respect to any presidential election (or any presidential 

18 nominating convention) after the date of the enactment 

19 of this section, or to any candidate in such an election.’’. 

20 (B) TRANSFER OF EXCESS FUNDS TO GEN21 ERAL FUND.—Section 9006 of such Code is 

22 amended by adding at the end the following 

23 new subsection: 

24 ‘‘(d) TRANSFER OF FUNDS REMAINING AFTER TER25 MINATION.—The Secretary shall transfer all amounts in 

26 the fund after the date of the enactment of this section 
3 

•HR 359 EH

1 to the general fund of the Treasury, to be used only for 

2 reducing the deficit.’’. 

3 (2) TERMINATION OF ACCOUNT.—Chapter 96 

4 of subtitle H of such Code is amended by adding at 

5 the end the following new section: 

6 ‘‘SEC. 9043. TERMINATION. 

7 ‘‘The provisions of this chapter shall not apply to any 

8 candidate with respect to any presidential election after 

9 the date of the enactment of this section.’’. 

10 (c) CLERICAL AMENDMENTS.— 

11 (1) The table of sections for chapter 95 of sub12 title H of such Code is amended by adding at the 

13 end the following new item: 

‘‘Sec. 9014. Termination.’’. 

14 (2) The table of sections for chapter 96 of sub15 title H of such Code is amended by adding at the 

16 end the following new item: 

‘‘Sec. 9043. Termination.’’. 

Passed the House of Representatives January 26, 

2011. 

Attest: 

Clerk. 
112TH CONGRESS 

1ST SESSION H. R. 359 

AN ACT 

To reduce Federal spending and the deficit by tertion campaigns and party conventions. minating taxpayer financing of presidential elec-