alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
DISMISS; and Opinion Filed December 28, 2015.

S

In The

Court of Appeals

Fifth District of Texas at Dallas

No. 05-15-01243-CR

WILLIAM DAVID WALTON, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 282nd Judicial District Court

Dallas County, Texas

Trial Court Cause No. F-1252565-S

MEMORANDUM OPINION

Before Justices Bridges, Lang-Miers, and Schenck

Opinion by Justice Schenck

William David Walton was convicted, following the adjudication of his guilt, of 

possession of methamphetamine in an amount of one gram or more but less than four grams. 

Appellant pleaded true to the allegations in the motion to adjudicate guilt as part of a plea 

agreement, which included a waiver of his right to appeal. See Blanco v. State, 18 S.W.3d 218, 

219–20 (Tex. Crim. App. 2000). The trial court followed the plea agreement and sentenced

appellant to two years’ imprisonment. Because appellant waived his right to appeal, we dismiss 

the appeal for want of jurisdiction.

Do Not Publish

TEX. R. APP. P. 47

151243F.U05

/David J. Schenck/

DAVID J. SCHENCK

JUSTICE
–2–

Court of Appeals

S

Fifth District of Texas at Dallas

JUDGMENT

WILLIAM DAVID WALTON, Appellant

No. 05-15-01243-CR V.

THE STATE OF TEXAS, Appellee

On Appeal from the 282nd Judicial District 

Court, Dallas County, Texas

Trial Court Cause No. F12-52565-S.

Opinion delivered by Justice Schenck, 

Justices Bridges and Lang-Miers 

participating.

Based on the Court’s opinion of this date, we DISMISS the appeal for want of 

jurisdiction.

Judgment entered this 28th day of December, 2015.
# C_2023142EN.01000301.xml

| 25.4.2023 | EN | Official Journal of the European Union | C 142/3 |
| --- | --- | --- | --- |

25.4.2023

EN

Official Journal of the European Union

C 142/3

---

Notice for the attention of persons subject to the restrictive measures provided for in Council Decision 2013/255/CFSP, as implemented by Council Implementing Decision (CFSP) 2023/847, and in Council Regulation (EU) No 36/2012, as implemented by Council Implementing Regulation (EU) 2023/844, concerning restrictive measures in view of the situation in Syria

(2023/C 142/03)

The following information is brought to the attention of the persons that appear in Annex I to Council Decision 2013/255/CFSP (1), as implemented by Council Implementing Decision (CFSP) 2023/847 (2), and in Annex II to Council Regulation (EU) No 36/2012 (3), as implemented by Council Implementing Regulation (EU) 2023/844 (4), concerning restrictive measures in view of the situation in Syria.

The Council of the European Union has decided that those persons should be included in the list of persons and entities in Annex I to Decision 2013/255/CFSP and Annex II to Regulation (EU) No 36/2012. The grounds for designation of those persons appear in the relevant entries in those Annexes.

The attention of the persons concerned is drawn to the possibility of making an application to the competent authorities of the relevant Member State(s) as indicated on the websites in Annex III to Regulation (EU) No 36/2012, in order to obtain an authorisation to use frozen funds for basic needs or specific payments (cf. Article 16 of the Regulation).

The persons concerned may submit a request to the Council, together with supporting documentation that the decision to include them on the above-mentioned list should be reconsidered, before 16 February 2024, to the following address:

| Council of the European Union |
| --- |
| General Secretariat |
| RELEX.1 |
| Rue de la Loi/Wetstraat 175 |
| 1048 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

Council of the European Union

General Secretariat

RELEX.1

Rue de la Loi/Wetstraat 175

1048 Bruxelles/Brussel

BELGIQUE/BELGIË

Email: sanctions@consilium.europa.eu

Any observations received will be taken into account for the purpose of the Council’s next review, pursuant to Article 34 of Decision 2013/255/CFSP and Article 32(4) of Regulation (EU) No 36/2012, of the list of designated persons and entities.

The attention of the persons concerned is also drawn to the possibility of challenging the Council's decision before the General Court of the European Union, in accordance with the conditions laid down in Article 275, second paragraph, and Article 263, fourth and sixth paragraphs, of the Treaty on the Functioning of the European Union.

---

(1)  OJ L 147, 1.6.2013, p. 14.

(2)  OJ L 109 I, 24.4.2023, p. 26.

(3)  OJ L 16, 19.1.2012, p. 1.

(4)  OJ L 109 I, 24.4.2023, p. 1.

---
#### § 77.305 Access to drying chambers, hot gas inlet chambers and ductwork; installation and maintenance.

Drying chambers, hot gas inlet chambers and all ductwork in which coal dust may accumulate shall be equipped with tight sealing access doors which shall remain latched during dryer operation to prevent the emission of coal dust and the loss of fluidizing air.
Copyright © American Gas Association, 201 4 . All rights reserved.



# Financial and Operational Information Series

Volume 20 1 4

- 0 6

, June 20 1 4



## Issue:



## Calculation Methodology and Rationale for Using Marginal Costs

in Determining Savings from Efficiency and Conservation

When calculating savings in energy cost from usin g natural gas appliances and considering

conservation and efficiency efforts, some analysts simply multiply the average cost per unit of energy

times the energy savings. This method of determination is inappropriate because only a part of the

natural gas energy cost should be considered in this calculation. The typical commercial and

residential rate is comprised of two components, the fixed (or customer) charge and the costs that vary

by consumption. An example of a fixed charge s are employee salaries, while the commodity cost (or

purchased gas cost) is a variable, or marginal cost . The fixed costs are recovered in a bill regardless

of the amount of gas consumed, as this fee represents a “readiness to serve” obligation of the utility.

So only the margi nal costs should be considered when calculating the impact of conservation efforts,

which tend to happen, of course, at the margin of user consumption

.

Local gas utility fixed charge s are calculated and approved in jurisdictional rate cases and reported i n

the utility’s tariff. However, there are hundreds of tariffs, and collecting and then calculating the

weighted average of this charge is cumbersome. The American Gas Association surveys its members

on typical utility bills, including the bill sent out if the customer did not consume any gas that month.

This “zero use” amount can be a surrogate for fixed costs

– in most cases this zero use value matches

exactly with the fixed cost in the reporting utility’s tariff.

Thus calculating the marginal cost fo r a customer’s bill for consuming 20 therms , for example, can

follow the methodology : ( Total bill

– fixed costs) / 20 therms = marginal cost/therm

.

Had the fixed costs not been deducted, the change in the operating cost for a customer upgrading an

applia nce would be overstated using the average cost methodology . The table below shows that the

marginal cost per t herm was, on average, about $0.3 3 2 /therm lower than the average cost per therm

for a residence that used 40 therms using the American Gas survey data.



### Comparison of Average and Marginal Costs Assuming 40 Therms per Month

March 20 1 3 June 20 1 3 S eptember 201 3 December 20 1 3

Average Cost/Therm $1.316 $1.271 $1.320 $1.448

Marginal Cost/Therm $0.969 $0.932 $0.992 $1.135

Difference /Therm $0.347 $0.33 9 $0.328 $0.314

AGA Survey, assumes 40 therms used in each month

AGA Contact: Bruce McDowell (202

- 824

- 7131) bmcdowell@aga.org

Brendan O’Brien (202

- 844

- 7220) bobrien@aga.org 

## R e p r e s e n t i n g A m e r i c a ’ s N a t u r a l G a s U t i l i t i e s
# C_2023070EN.01000101.xml

| 27.2.2023 | EN | Official Journal of the European Union | C 70/1 |
| --- | --- | --- | --- |

27.2.2023

EN

Official Journal of the European Union

C 70/1

---

Notice for the attention of persons and entities subject to the restrictive measures provided for in Council Decision 2012/642/CFSP and in Council Regulation (EC) No 765/2006 concerning restrictive measures in view of the situation in Belarus

(2023/C 70/01)

The following information is brought to the attention of the persons and entities designated in the Annex I to Council Decision 2012/642/CFSP (1), as amended by Council Decision (CFSP) 2023/421 (2), and in Annex I to Council Regulation (EC) No 765/2006 (3), as implemented by Council Implementing Regulation (EU) 2023/419 (4), concerning restrictive measures in view of the situation in Belarus.

The Council of the European Union, after having reviewed the list of persons and entities designated in the above-mentioned Annexes, has determined that the restrictive measures provided for in Council Decision 2012/642/CFSP and Council Regulation (EC) No 765/2006 should continue to apply to those persons and entities. The grounds for designations of those persons and entities appear in the relevant entries in those Annexes.

The attention of the persons and entities concerned is drawn to the possibility of making an application to the competent authorities of the relevant Member State(s) as indicated in the websites in Annex II to Council Regulation (EC) No 765/2006, in order to obtain an authorisation to use frozen funds for basic needs or specific payments (cf. Article 3 of the Regulation).

The persons and entities concerned may submit a request to the Council before 30 November 2023, together with supporting documentation that the decision to include them on the above-mentioned list should be reconsidered, to the following address:

| Council of the European Union |
| --- |
| General Secretariat |
| RELEX.1 Global and Horizontal Affairs |
| Rue de la Loi/Wetstraat 175 |
| 1048 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

Council of the European Union

General Secretariat

RELEX.1 Global and Horizontal Affairs

Rue de la Loi/Wetstraat 175

1048 Bruxelles/Brussel

BELGIQUE/BELGIË

Email: sanctions@consilium.europa.eu

Any observations received will be taken into account for the purpose of the Council's periodic review, pursuant to Article 8(2) of Decision 2012/642/CFSP and Article 8a(4) of Regulation (EC) No 765/2006, of the list of designated persons and entities.

---

(1)  OJ L 285, 17.10.2012, p. 1.

(2)  OJ L 61, 27.2.2023, p. 41.

(3)  OJ L 134, 20.5.2006, p. 1.

(4)  OJ L 61, 27.2.2023, p. 20.

---
Exhibit 31-15
**FORM 10-Q CERTIFICATION**
I, Anthony F. Earley, Jr., certify that:
1.  I have reviewed this Form 10-Q for the quarterly period ended March 31, 2005 of TheDetroit Edison Company;
2.  Based on my knowledge, this report does not contain any untrue statement of a materialfact or omit to state a material fact necessary to make the statements made, in light ofthe circumstances under which such statements were made, not misleading with respect to theperiod covered by this report;
3.  Based on my knowledge, the financial statements, and other financial informationincluded in this report, fairly present in all material respects the financial condition,results of operations and cash flows of the registrant as of, and for, the periodspresented in this report;
4.  The registrant’s other certifying officer(s) and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e)and 15d-15(e)) for the registrant and have:
 a.  Designed such disclosure controls and procedures, or caused suchdisclosure controls and procedures to be designed under our supervision, to ensurethat material information relating to the registrant, including its consolidatedsubsidiaries, is made known to us by others within those entities, particularlyduring the period in which this report is being prepared;  b.  (Intentionally omitted)  c.  Evaluated the effectiveness of the registrant’s disclosure controls andprocedures and presented in this report our conclusions about the effectiveness ofthe disclosure controls and procedures, as of the end of the period covered by thisreport based on such evaluation; and  d.  Disclosed in this report any change in the registrant’s internalcontrol over financial reporting that occurred during the registrant’s most recentfiscal quarter (the registrant’s fourth fiscal quarter in the case of an annualreport) that has materially affected, or is reasonably likely to materially affect,the registrant’s internal control over financial reporting; and
5.  The registrant’s other certifying officer(s) and I have disclosed, based on our mostrecent evaluation of internal control over financial reporting, to the registrant’sauditors and the audit committee of the registrant’s board of directors (or personsperforming the equivalent functions):
 a.  All significant deficiencies and material weaknesses in the design oroperation of internal control over financial reporting which are reasonably likelyto adversely affect the registrant’s ability to record, process, summarize andreport financial information; and  b.  Any fraud, whether or not material, that involves management or otheremployees who have a significant role in the registrant’s internal control overfinancial reporting.   /s/ ANTHONY F. EARLEY, JR. Date: May 10, 2005                Anthony F. Earley, Jr.  Chairman, President, Chief Executive and  Chief Operating Officer of The Detroit Edison Company  
23
§ 585.702 What must I do if I discover a potential archaeological resource while conducting my approved activities? ( a ) If you, your subcontractors, or any agent acting on your behalf discovers a potential archaeological resource while conducting construction activities, or any other activity related to your project, you must: ( 1 ) Immediately halt all seafloor-disturbing activities within the area of the discovery;
( 2 ) Notify BOEM of the discovery within 72 hours; and
( 3 ) Keep the location of the discovery confidential and not take any action that may adversely affect the archaeological resource until we have made an evaluation and instructed you on how to proceed.
( b ) We may require you to conduct additional investigations to determine if the resource is eligible for listing in the National Register of Historic Places under 36 CFR 60.4. We will do this if: ( 1 ) The site has been impacted by your project activities; or
( 2 ) Impacts to the site or to the area of potential effect cannot be avoided.
( c ) If investigations under paragraph (b) of this section indicate that the resource is potentially eligible for listing in the National Register of Historic Places, we will tell you how to protect the resource, or how to mitigate adverse effects to the site.
( d ) If we incur costs in protecting the resource, under section 110(g) of the NHPA, we may charge you reasonable costs for carrying out preservation responsibilities under the OCS Lands Act.
Exhibit 32.1

CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350

AS
ADOPTED PURSUANT TO SECTION 906 OF

THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of Constar International Inc. (the Company) on Form 10-Q for the period ending
September 30, 2009, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Michael J. Hoffman, President and Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. Section 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/    MICHAEL J. HOFFMAN            
|Michael J. Hoffman                   
|President and Chief Executive Officer

November 13, 2009
§ 885.15 How do I apply for a grant? ( a ) You must use application forms and procedures specified by OSM.
( b ) We award your grant as soon as practicable but no more than 30 days after we receive your complete application.
( c ) If your application is not complete, we inform you as soon as practicable of the additional information we need to receive from you before we can process the award.
( d ) You must agree to expend the funds of the grant in accordance with SMCRA, applicable Federal laws and regulations, and applicable OMB and Treasury Circulars.
Exhibit 32-9
**CERTIFICATION OF PERIODIC REPORT**
I, Anthony F. Earley, Jr., Chairman, President, Chief Executive and ChiefOperating Officer of The Detroit Edison Company (the “Company”), certify,pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section1350, that to the best of my knowledge and belief:
(1) the Quarterly Report on Form 10-Q of the Company for the quarterly periodended June 30, 2004 (the “Report”) fully complies with the requirements ofSection 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C.78m or 78o(d)); and (2) the information contained in the Report fairly presents, in all materialrespects, the financial condition and results of operations of theCompany.   Dated: August 4, 2004 /s/ ANTHONY F. EARLEY, JR.  Anthony F. Earley, Jr. Chairman, President, Chief Executive and Chief Operating Officer of The Detroit Edison Company
A signed original of this written statement required by Section 906 has beenprovided to The Detroit Edison Company and will be retained by the Company andfurnished to the Securities and Exchange Commission or its staff upon request.
33
#### VAUGHAN v. PETROLEUM CONVERSION CORP. et al.

No. 191, Docket 22963.

United States Court of Appeals Second Circuit.

Argued March 10, 1954.

Decided March 24, 1954.

James A. Vaughan, New York City, pro se.

Morgan P. Ames, Stamford, Conn. (Howard S. Tuthill, Warren W. Eginton, and Cummings & Lockwood, Stamford, Conn., on the brief), for defendants-ap-pellees.

Before CLARK, MEDINA, and HARLAN, Circuit Judges.

PER CURIAM.

In his opinion, District Judge Smith has carefully considered the various procedural and substantive problems raised by the plaintiff’s attempt to secure relief under F.R. 60(b) against an adverse judgment of a bankruptcy court in Delaware registered in the court below pursuant to 28 U.S.C. § 1963; we see little to add. Without considering various difficulties of procedure which may stand in the way of the relief sought, it will suffice to say that no issue of jurisdiction, and hence as to the validity of the judgment, survives the careful findings of waiver and consent to the summary jurisdiction of the bankruptcy court made by the United States District Court for the District of Delaware, In re Petroleum Conversion Corp., D.C.Del., 99 F. Supp. 899, and affirmed on appeal, 3 Cir., 196 F.2d 728, certiorari denied Vaughan v. Petroleum Conversion Corp., 344 U.S. 917, 73 S.Ct. 346, 97 L.Ed. 707. See Cline v. Kaplan, 323 U.S. 97, 100, 65 S.Ct. 155, 89 L.Ed. 97; Bankruptcy Act § 2, sub. a(7), 11 U.S.C.A. § 11, sub. a(7), as amended in 1952, and § 23, süb. b, 11 U.S.C. § 46, sub. b; F.R. 12(h); 2 Collier on Bankruptcy 1J23.08 (14th Ed. 1940) and id. 49-51 (1953 Cum.Supp.),.

Judgment affirmed.
§ 872.23 Are there any restrictions on how you may use historic coal funds? Yes. You may only use historic coal funds for: ( a ) Coal reclamation under § 874.12 of this chapter;
( b ) Water supply restoration under § 874.14 of this chapter;
( c ) Noncoal reclamation under § 875.12 of this chapter that is requested under section 409(c) of SMCRA;
( d ) Deposit into an acid mine drainage abatement and treatment fund under part 876 of this chapter;
( e ) Land acquisition under § 879.11 of this chapter; and
( f ) Maintenance of the AML inventory under section 403(c) of SMCRA.
# C_2023138EN.01000301.xml

| 21.4.2023 | EN | Official Journal of the European Union | C 138/3 |
| --- | --- | --- | --- |

21.4.2023

EN

Official Journal of the European Union

C 138/3

---

Commission notice pursuant to Article 17(5) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community

Invitation to tender in respect of the operation of scheduled air services in accordance with public service obligations

(Text with EEA relevance)

(2023/C 138/03)

| Member State | France |
| --- | --- |
| Route concerned | Rodez – Paris (Orly) |
| Period of validity of the contract | From 20 January 2024 to 19 January 2028 |
| Deadline for the submission of applications and tenders | 21 June 2023, 12:00 (local time) |
| Address where the text of the invitation to tender and any relevant information and/or documentation relating to the public tender and the public service obligation can be obtained | Syndicat Mixte pour l’Aménagement et l’Exploitation de l’aéroport de Rodez-Aveyron |
| Hôtel du Département |
| 7 place Charles de Gaulle |
| BP 724 |
| 12007 Rodez Cedex |
| FRANCE |

Member State

France

Route concerned

Rodez – Paris (Orly)

Period of validity of the contract

From 20 January 2024 to 19 January 2028

Deadline for the submission of applications and tenders

21 June 2023, 12:00 (local time)

Address where the text of the invitation to tender and any relevant information and/or documentation relating to the public tender and the public service obligation can be obtained

Syndicat Mixte pour l’Aménagement et l’Exploitation de l’aéroport de Rodez-Aveyron

Hôtel du Département

7 place Charles de Gaulle

BP 724

12007 Rodez Cedex

FRANCE

Email: smaeroport-rodez-aveyron@orange.fr

Buyer profile (website): https://www.e-occitanie.fr

---
### §50920. User fees

The Secretary of Transportation may collect a user fee for a regulatory or other service conducted under this chapter only if specifically authorized by this chapter.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1342, §70118 of title 49; renumbered §70118 then §50920 of title 51, Pub. L. 111–314, §4(d)(2), (3)(T), Dec. 18, 2010, 124 Stat. 3440, 3441.)

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 70118 | 49 App.:2623 (last sentence). | Oct. 30, 1984, Pub. L. 98–575, §24 (last sentence), 98 Stat. 3064; Dec. 5, 1985, Pub. L. 99–170, §301, 99 Stat. 1018; Oct. 30, 1987, Pub. L. 100–147, §120, 101 Stat. 868; Nov. 17, 1988, Pub. L. 100–685, §213, 102 Stat. 4093; Nov. 16, 1990, Pub. L. 101–611, §117(a), 104 Stat. 3202; restated Dec. 9, 1991, Pub. L. 102–195, §13, 105 Stat. 1613; Nov. 4, 1992, Pub. L. 102–588, §211, 106 Stat. 5115. |

Section

#### **Editorial Notes**

#### Amendments

2010—Pub. L. 111–314 successively renumbered section 70118 of title 49 and section 70118 of this title as this section.
#### § 936.25 Approval of Oklahoma abandoned mine land reclamation plan amendments.

The following is a list of the dates amendments were submitted to OSM, the dates when the Director's decision approving all, or portions of these amendments, were published in the Federal Register and the State citations or a brief description of each amendment. The amendments in this table are listed in order of the date of final publication in the Federal Register.

| Original amendment submission date | Date of final publication | Citation/description |
| --- | --- | --- |
| August 24, 1989, November 13, 1995 | May 28, 1996 | OAC 155:15, 884.13.(c)(1), (2), (3), (5), (7), (d)(1). |
| November 3, 1997 | February 18, 1998 | Emergency response reclamation program. |
| November 1, 2004 | April 4, 2005 | Oklahoma Plan §§ 884.13(c)2—Project Ranking and Selection; (c)3—Coordination with Other Entities; and (c)7—Public Participation. |

[62 FR 9952, Mar. 5, 1997, as amended at 63 FR 8126, Feb. 18, 1998; 70 FR 16945, Apr. 4, 2005]