alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNITED STATES

NUCLEAR REGULATORY COMMISSION

WASHINGTON, D.C. 20555-0001

November 29, 2016

MEMORANDUM TO: Margaret M. Doane, 

General Counsel

Victor M. McCree

Executive Director for Operations

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

SUBJECT: STAFF REQUIREMENTS – COMSECY-16-0020 – REVISION OF 

GUIDANCE CONCERNING CONSIDERATION OF COST AND 

APPLICABILITY OF COMPLIANCE EXCEPTION TO BACKFIT 

RULE

The Commission has approved the General Counsel's recommendation to revise agency guidance 

concerning consideration of cost and application of the backfit rule consistent with the guidelines and

interpretations outlined in COMSECY-16-0020. 

As guidance is being revised, the staff should ensure that key individuals, most notably those 

managers, supervisors and other decision makers responsible for making backfit decisions, are 

familiar with and operate in a manner consistent with the General Counsel's position on the

application of the backfit rule as discussed in COMSECY-16-0020. 

Additionally, in completing the EDO's tasking to the Committee to Review Generic 

Requirements of June 9, 2016, the staff should ensure that its activities are consistent with the 

General Counsel's interpretation of the statutory requirements applicable to implementation of

the backfit rule. 

The staff should provide the revised guidance concerning application of the backfit rule to the 

Commission for approval. 

The standards reflected in the revised guidance should also be applied to backfitting under the 

applicable provisions in 10 CFR Parts 70, 72, and 76.

cc: Chairman Burns

Commissioner Svinicki 

Commissioner Baran

CFO

OCA
### §1441b. Plan for elimination of all substandard housing and realization of national housing goal; report by President to Congress

Not later than January 15, 1969, the President shall make a report to the Congress setting forth a plan, to be carried out over a period of ten years (June 30, 1968, to June 30, 1978), for the elimination of all substandard housing and the realization of the goal referred to in section 1441a of this title. Such plan shall—

(1) indicate the number of new or rehabilitated housing units which it is anticipated will have to be provided, with or without Government assistance, during each fiscal year of the ten-year period, in order to achieve the objectives of the plan, showing the number of such units which it is anticipated will have to be provided under each of the various Federal programs designed to assist in the provision of housing;

(2) indicate the reduction in the number of occupied substandard housing units which it is anticipated will have to occur during each fiscal year of the ten-year period in order to achieve the objectives of the plan;

(3) provide an estimate of the cost of carrying out the plan for each of the various Federal programs and for each fiscal year during the ten-year period to the extent that such costs will be reflected in the Federal budget;

(4) make recommendations with respect to the legislative and administrative actions necessary or desirable to achieve the objectives of the plan; and

(5) provide such other pertinent data, estimates, and recommendations as the President deems advisable.

Such report shall, in addition, contain a projection of the residential mortgage market needs and prospects during the coming year, including an estimate of the requirements with respect to the availability, need, and flow of mortgage funds (particularly in declining urban and rural areas) during such year, together with such recommendations as may be deemed appropriate for encouraging the availability of such funds.

(Pub. L. 90–448, title XVI, §1602, Aug. 1, 1968, 82 Stat. 601.)

#### **Editorial Notes**

#### Codification

Section was not enacted as part of the Housing Act of 1949 which comprises this chapter.
Exhibit 10.4(b)


       Schedule of Warrant (refinancings after October 31, 2005) Issued by
             NCT Group, Inc. to Carole Salkind on January 12, 2006



                     Expiration                                        Shares
     Grant Date         Date             Exercise Price               Granted
     ----------         ----             --------------               -------
      01/12/06        01/12/11       Greater of: (i) $0.0037;       521,000,000
                                     or (ii) the par value of
                                     NCT Group, Inc.
                                     common stock on the
                                     date of exercise
March 31, 2015 

The Honorable John Boehner 

Speaker of the United States 

 House of Representatives 

Washington, DC 20515 

Dear Mr. Speaker: 

 I am pleased to provide a copy of the U.S. Nuclear Regulatory Commission’s (NRC) 

Fiscal Year 2014 Annual Report on the Notification and Federal Employee Antidiscrimination 

and Retaliation (No FEAR) Act of 2002. The report is submitted in accordance with the 

requirements of Section 203 of the No FEAR Act. My Commission colleagues and I remain 

committed to maintaining a model Equal Employment Opportunity program. 

 Should you have any questions about the report, please contact me or Eugene Dacus, 

Director of the Office of Congressional Affairs, at (301) 415-1776. 

 Sincerely, 

 

 /RA/ 

 

 Stephen G. Burns 

Enclosure: 

As stated
Identical letters sent to:

The Honorable John Boehner 

Speaker of the United States 

 House of Representatives 

Washington, DC 20515 

The Honorable Joseph R. Biden, Jr. 

President of the Senate 

Washington, DC 20510 

The Honorable Ron Johnson 

Chairman, Committee on Homeland 

 Security and Governmental Affairs 

United States Senate 

Washington, DC 20510 

cc: Senator Thomas R. Carper 

The Honorable Fred Upton 

Chairman, Committee on Energy 

 and Commerce 

United States House of Representatives 

Washington, DC 20515 

cc: Representative Frank Pallone 

The Honorable Orrin Hatch 

President Pro Tempore 

United States Senate 

Washington, DC 20510 

The Honorable Jason Chaffetz 

Chairman, Committee on Oversight 

 and Government Reform 

United States House of Representatives 

Washington, DC 20515 

cc: Representative Elijah Cummings 

The Honorable James M. Inhofe 

Chairman, Committee on Environment 

 and Public Works 

United States Senate 

Washington, DC 20510 

cc: Senator Barbara Boxer 

The Honorable Jenny R. Yang 

Chair, United States Equal Employment 

 Opportunity Commission 

131 M Street, NE 

Washington, DC 20507 
- 2 - 

The Honorable Eric H. Holder, Jr. 

Attorney General 

United States Department of Justice 

950 Pennsylvania Avenue, NW 

Washington, DC 20530 

The Honorable Katherine Archuleta 

Director, United States Office 

 of Personnel Management 

1900 E Street, NW 

Washington, DC 20415
### §16414. National Power Plant Operations Technology and Educational Center

#### (a) Establishment

The Secretary shall support the establishment of a National Power Plant Operations Technology and Education Center (referred to in this section as the "Center"), to address the need for training and educating certified operators and technicians for the electric power industry.

#### (b) Location of Center

The Secretary shall support the establishment of the Center at an institution of higher education that has—

(1) expertise in providing degree programs in electric power generation, transmission, and distribution technologies;

(2) expertise in providing onsite and Internet-based training; and

(3) demonstrated responsiveness to workforce and training requirements in the electric power industry.

#### (c) Training and continuing education

#### (1) In general

The Center shall provide training and continuing education in electric power generation, transmission, and distribution technologies and operations.

#### (2) Location

The Center shall carry out training and education activities under paragraph (1)—

(A) at the Center; and

(B) through Internet-based information technologies that allow for learning at remote sites.

(Pub. L. 109–58, title XI, §1106, Aug. 8, 2005, 119 Stat. 940.)
Fourteenth Amendment to Employment Agreement



 Exhibit 10.1 
  
 FOURTEENTH AMENDMENT TO EMPLOYMENT AGREEMENT 
  
 This Fourteenth Amendment to Employment Agreement is made and entered into as of September 1, 2005, by and between
PriceSmart, Inc., a Delaware Corporation (“Employer”) and Robert M. Gans (“Executive”). 
  
 Recitals 
  

	 	A)	On September 20, 1994 an Employment Agreement was made and entered into by and between Executive and Price Enterprises, Inc. 

  

	 	B)	Said Employment Agreement has been assigned to Employer and amended on thirteen prior occasions; 

  

	 	C)	Employer and Executive now desire to further amend the Employment Agreement, as set forth hereinbelow: 

  
 Agreement 
  

	 	1)	Section 3.1 of the Employment Agreement, which currently provides: 

  
 3.1 Term. The term of Executive’s employment hereunder shall commence on October 17, 1994 and shall continue until October 16, 2005
unless sooner terminated or extended as hereinafter provided (the “Employment Term”). 
  
 is hereby amended, effective as of September 1, 2005, to provide as follows: 
  
 3.1 Term. The term of Executive’s employment hereunder shall commence on October 17, 1994 and shall continue until October 16, 2006
unless sooner terminated or extended as hereinafter provided (the “Employment Term”). 
  

	 	2)	All other terms of the Employment Agreement, as amended, shall remain unaltered and fully effective. 










 Executed in San Diego, California, as of the date first written above. 
  

									
	 EXECUTIVE
	 	 	 	 EMPLOYER

			
	Robert M. Gans	 	 	 	 PRICESMART, INC.

				
	 /s/ Robert M. Gans
	 	 	 	 By:
	 	 /s/ Robert E. Price

				
	 	 	 	 	 Name:
	 	 Robert E. Price

				
	 	 	 	 	 Its:
	 	 CEO
#### The People of the State of New York ex rel. Stanley Sharkey, Appellant, against Walter B. Martin, as Warden of Attica Prison, Respondent.

Order affirmed, without costs of this appeal to either party. (See *Balbo*v. *People,*80 N. Y. 484; *People*v. *Dileo,*194 App. Div. 793, and *People ex rel. Kurzynski*v. *Hunt,*257 App. Div. 1032, motion for leave to appeal denied 281 N. Y. 888.) All concur. (Appeal from an order of Wyoming County Court, dismissing a writ of habeas corpus and remanding relator to the custody of the Warden of Attica Prison.) Present — Vaughan, J. P., Kimball, Piper, Wheeler and Van Duser, JJ.
§ 12.406 Final decision of the Commission. ( a ) *Opinion and order.* Unless the Commission, in accordance with paragraph (b) of this section, orders summary affirmance of the initial decision, the Commission's opinion and order in a proceeding appealed pursuant to § 12.401 of these rules shall constitute the Commission's final decision, effective upon service. On review, the Commission may affirm, reverse, modify, set aside or remand for further proceedings, in whole or in part, the initial decision and make any findings or conclusions which in its judgment are warranted based on the record in the proceeding.
( b ) *Order on summary affirmance.* If the Commission, in its opinion, finds that the result reached in the initial decision is substantially correct and that none of the arguments on appeal made by the appealing party raise any important question of law or policy, the Commission may, by appropriate order, summarily affirm the initial decision and order without opinion, which shall constitute the Commission's final decision, effective upon service. Unless the Commission expressly indicates otherwise in its order, an order of summary affirmance does not reflect a Commission determination to adopt the initial decision, including any rationale contained therein, as its opinion and order, and neither initial decision nor the Commission's order of summary affirmance shall serve as a Commission precedent in other proceedings.
( c ) *Filing and service of final decision.* The Commission shall, upon issuance of a final decision pursuant to this § 12.406, file the final decision with the Proceeding's Clerk, who shall forthwith serve upon each of the parties a copy of the final decision as well as notice of the effect of a party's failure to pay a reparation award as provided in § 12.407 of these rules, and of an aggrieved party's right to obtain judicial review of the final decision pursuant to section 14(e) of the Act, 7 U.S.C. 18(e).
( d ) *Date of the reparation order.* For purposes of computing the 30-day period for filing the appeal bond required by section 14(e) of the Act, 7 U.S.C. 18(e), “the date of the reparation order” shall be the date that the Commission's opinion and order (or order of summary affirmance, as the case may be) is filed with the Proceedings Clerk. This date shall be reflected by the date stamp on the first page of the Commission's order.
[49 FR 6621, Feb. 22, 1984, as amended at 53 FR 17692, May 18, 1988]
§ 230.480 Title of securities. If a registration statement is prepared on a form available solely to investment companies registered under the Investment Company Act of 1940, or a business development company which is selling or proposing to sell its securities pursuant to a registration statement which has been filed under the Act, wherever the title of securities is required to be stated there shall be given such information as will indicate the type and general character of the securities, including the following: ( a ) In the case of shares, the par or stated value, if any; the rate of dividends, if fixed, and whether cumulative or non-cumulative; a brief indication of the preference, if any; and, if convertible, a statement to that effect.
( b ) In the case of funded debt, the rate of interest; the date of maturity, or, if the issue matures serially, a brief indication of the serial maturities, such as “maturing serially from 1950 to 1960”; if the payment of principal or interest is contingent, an appropriate indication of such contingency; a brief indication of the priority of the issue; and, if convertible, a statement to that effect.
( c ) In the case of any other kind of security, appropriate information of comparable character.
3049.9001 Policy (USCG).

(a) Applicability. This section implements 14 U.S.C. 1155 and provides the policy for the USCG to

use for contract terminations. This contract termination policy applies to USCG contract

terminations, including contracts for commercial items, with a total value of more than $1,000,000.

(b) Notification. Before terminating a contract with a total value of more than $1,000,000, the

Commandant of the Coast Guard shall notify the contractor and the contractor shall be required to

maintain all work product related to the contract until the earlier of—

(1) not less than 1 year after the date of the notification; or

(2) the date the Commandant notifies the vendor that maintenance of such work product is no longer

required.

(c) Work Product Defined. The term “work product”—

(1) Means tangible and intangible items and information produced or possessed as a result of a

contract referred to in subsection (b); and

(2) Includes—

(i) Any completed end items;

(ii) Any uncompleted end items; and

(iii) Any property in the Contractor's possession in which the United States Government has an

interest.

(d) Penalty. A Contractor that fails to maintain work product as required under subsection (b) is

liable to the United States for a civil penalty of not more than $25,000 for each day on which such

work product is unavailable.

(e) Requirement. The Contractor shall insert the substance of this clause in contracts and

subcontracts, including contracts and for commercial items, with a total value of more than

$1,000,000.

Parent topic: PART 3049—TERMINATION OF CONTRACTS
FY 2016 

Enacted

EY Recommended 

Reallocations Reprogramming1 Current Plan Carryover 

Allocated2

FY 2016 Total 

Available

Current Year 

Obligations

Current Year 

Expenditures

Current Year 

Unobligated

Current Year 

Unliquidated

Prior Year 

Unliquidated

Control Points

NRS Direct $ 501,702 $ 19,474 $ (419) $ 520,757 $ 520,757 $ 465,744 $ 394,118 $ 55,013 $ 71,626 $ 29,444

Corporate 258,319 (19,474) 238,845 238,845 214,563 140,255 24,282 74,308 31,100

Nuclear Reactor Safety (NRS) 760,021 (419) 759,602 - 759,602 680,307 534,373 79,295 145,934 60,544

NMWS Direct $ 113,658 $ 5,307 $ 147 $ 119,112 $ 119,112 $ 106,809 $ 91,912 $ 12,303 $ 14,897 $ 1,689

Corporate 58,360 (5,307) 53,053 53,053 47,647 31,146 5,406 16,501 6,906

Nuclear Materials & Waste 

Safety (NMWS) 172,018 - 147 172,165 - 172,165 154,456 123,058 17,709 31,398 8,595

DLLW Direct $ 28,404 $ 1,430 $ 271 $ 30,105 100 $ 30,205 $ 25,805 $ 22,007 $ 4,400 $ 3,798 $ 1,379

Corporate 14,557 (1,430) 13,127 13,127 11,782 7,701 1,345 4,080 1,708

Decommissioning & LLW 

(DLLW) 42,961 271 43,232 100 43,332 37,587 29,709 5,745 7,878 3,086

Corporate Total $ 331,236 $ (26,211) $ 305,025 $ 305,025 $ 273,992 $ 179,102 $ 31,033 $ 94,890 $ 39,713

Integrated University Program 15,000 15,000 131 15,131 14,539 4 593 14,534 29,001

Subtotal $ 990,000 $ - $ - $ 990,000 $ 231 $ 990,231 $ 886,888 $ 687,144 $ 103,342 $ 199,745 $ 101,227

Programs

Nuclear Waste Fund - - 2,800 2,800 1,756 1,647 1,044 109 292

Office of Inspector General 11,178 11,178 480 11,658 9,951 9,055 1,707 897 354

OIG DFNSB 958 958 278 1,236 840 788 396 52 12

Total Agency $ 1,002,136 $ 1,002,136 $ 3,789 $ 1,005,925 $ 899,436 $ 698,633 $ 106,489 $ 200,803 $ 101,885

1

Includes implementation plan changes and subsequent reprogramming actions

2

Excludes $200K of General Fund carryover for Waste Incidental to Reprocessing activities that has not been allocated to DLLW

Funds Source

Beginning 

Balance

Expired 

Appropriations

 Carryover 

Allocated

Year to Date 

Deobligations

Pending 

Carryover 

Request

Available 

Carryover

Feebased $ 13,155 $ - $ 7,532 $ - $ 20,687

Special Purpose Funds 1,848 231 74 - 1,691

Subtotal $ 15,003 $ 231 $ 7,606 $ - $ 22,378

Nuclear Waste Fund 2,836 2,800 (0) - 36

Office of Inspector General 2,112 (5) 480 591 - 2,217

OIG DFNSB 167 (13) 278 129 5 

Total Agency $ 20,118 $ (18) $ 3,789 $ 8,326 $ - $ 24,636

Current Year Budget Available

Nuclear Regulatory Commission

Monthly Congressional Status Report

August 31, 2016

(Dollars in Thousands)

NRC's Prior Year Unobligated Funds by Fund Source

 Enclosure
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 03-6217

UNITED STATES OF AMERICA, Plaintiff - Appellee, versus KYLE JOSEPH MOMON, a/k/a Moo-Moo, a/k/a Cow, a/k/a Calvin Flavor, a/k/a Flavor-Flave, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of North Carolina, at New Bern. Terrence W. Boyle, Chief District Judge. (CR-92-70-4-1-BO) Submitted: April 16, 2003 Decided: May 5, 2003 Before WIDENER and KING, Circuit Judges, and HAMILTON, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. Kyle Joseph Momon, Appellant Pro Se. Rudolf A. Renfer, Jr., Assistant United States Attorney, Raleigh, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Kyle Joseph Momon appeals the district court’s order denying his 18 U.S.C. § 3582(c) motion to modify his sentence. We have reviewed the record and find no reversible error. Accordingly, we affirm on the reasoning of the district court. See United States v. Momon , No. CR-92-70-4-1-BO (E.D.N.C. Sept. 5, 2002). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED
[Federal Register Volume 69, Number 231 (Thursday, December 2, 2004)]
[Notices]
[Page 70118]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-26658]


========================================================================
Notices
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains documents other than rules 
or proposed rules that are applicable to the public. Notices of hearings 
and investigations, committee meetings, agency decisions and rulings, 
delegations of authority, filing of petitions and applications and agency 
statements of organization and functions are examples of documents 
appearing in this section.

========================================================================


Federal Register / Vol. 69, No. 231 / Thursday, December 2, 2004 / 
Notices

[[Page 70118]]



AFRICAN DEVELOPMENT FOUNDATION


African Development Board of Directors Meeting; Sunshine Act

Time: Sunday, December 5, 2004--12 p.m. to 6 p.m., Monday, December 6, 
2004--8:30 a.m. to 12 p.m.

Place: Cherry Blossom Room, Grand Hyatt Hotel, 1000 H Street, NW., 
Washington, DC 20001.

Date: December 5 and 6, 2004.

Status:
    Open Sessions: Sunday, 12 p.m. to 4 p.m. Monday, 8:30 a.m. to 12 
p.m.
    Closed Executive Session: Sunday, 4:30 p.m. to 6 p.m.

Agenda

Sunday, December 5, 2004:
    12 p.m.--Chairman's Report.
    12:30 p.m.--Strategic Planning Session.
    4:30 p.m.--Executive Session.
    6 p.m.--Adjournment for day.
Monday, December 6, 2004:
    8:30 a.m.--Administrative and Management Session.
    12 p.m.--Adjournment.

    If you have any questions or comments, please direct them to Doris 
Martin, General Counsel, who may be reached at (202) 673-3916.

Nathaniel Fields,
President.
[FR Doc. 04-26658 Filed 11-30-04; 2:01 pm]
BILLING CODE 6116-01-P
###### Editorial Note on Part 200

#### Editorial Note:

Nomenclature changes to part 200 appear at 76 FR 60371, Sept. 29, 2011.

#### § 200.611 Notice.

The agency shall make available to employees, applicants, participants, beneficiaries, and other interested persons such information regarding the provisions of this regulation and its applicability to the programs or activities conducted by the agency, and make such information available to them in such manner as the head of the agency finds necessary to apprise such persons of the protections against discrimination assured them by section 504 and this regulation.
### §14101. Omitted

#### **Editorial Notes**

#### Codification

Section, Pub. L. 103–322, title XX, §200112, Sept. 13, 1994, 108 Stat. 2057; Pub. L. 105–277, div. C, title I, §138(b), Oct. 21, 1998, 112 Stat. 2681–597; Pub. L. 107–273, div. C, title I, §11006(5), Nov. 2, 2002, 116 Stat. 1817, which authorized appropriations for fiscal years 2002 to 2005, was omitted as obsolete.
C OURT OF A PPEALS FOR THE

F IRST D ISTRICT OF T EXAS AT H OUSTON

O RDER

Appellate case name: Jesse Dimas Alvarado v. The State of Texas

Appellate case number: 01

- 14

- 00857

- CR

Trial court case number: 1410607

Trial court: 185th District Court of Harris Cou nty

This appeal was set to be submitted on June 9, 2015. The day before submission, on June 8,

2015, t he State filed its third motion for extension of time to file its brief. The State has

previously received two extensions to file its brief. In this t hird request, the State requests until

July 10, 2015 to file its brief.

The State’s motion is denied, in part, and granted, in part. The State’s brief is due on or before

June 22 , 2015. No further extensions will be granted.

It is so ORDERED.

Judg e’s signature: /s/ Laura Carter Higley

Acting individually

Date: June 1 1 , 2015