.3'7BEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION OFFICE OF HEARINGS WASHINGTON, D.C. In the Matter ofNational Power Corporation 2010-GL-70-0212 Judge NotAssigned 

# 8ECEI\IED AUG 2 7Zn13 

# HEARING DOCKET CONSOLIDATED MOTION BY RESPONDENT FORMORE DEFINITE STATEMENT, TO STRIKE AND PRODUCTION OF DOCUMENTS

National Power Corporation (NPC), by counsel, hereby moves the court pursuant to 14 C.F.R. 13.49 to orderthe Federal Aviation Administration for more definite statement, strike certain allegations from its complaint and to produce certain documents and in support thereofstates as follows:

1. The allegations contained in paragraph 2 reference eleven shipments. There is no further identification ofthose shipments
nor is any documentation attached-as an exhibitto the complaint. Respondent hereby moves the court for an orderto specify and identify**th~se** shipments. Further, the allegation contains-a statement concerning NPC having "availed" itselfofiCAO Technical Instructions. The Respondent moves·the court for an orderfor a·more·definite statement as to what-the complainant means by "availed itself' and to rephrase the allegation to make its meaning clear.

2. The allegations in paragraph 4 reference "shipping papers". There is no exhibit attached to the complaint nor is there any reference to any shipping papers. The Respondent moves the court to strike this allegation as insufficient.

3. Paragraph 5 ofthe complaint lists eleven alleged shipments that were offered and transported by the Respondent in violation ofthe hazardous materialsregulations.

### TheRespondent rrioves'the court for a more definite statement as to how each ofthese shipments violated any statute orregulation with specificity.

4. Paragraph 7 ofthe complaint alleges that an employee performed hazardous material shipping functions without receiving the propertraining. Respondent moves the court for a more definite statement as to which shipments the employee is alleged to have performed shipping functions and identify which regulation(s) specifies the type oftraining required.

5. Paragraphs 9, 1 0 and 11 contain no new or different allegations than alleged elsewhere in the complaint and are therefore

# ~eriluous, repetitive and immaterial. Respondent moves the court to strike these allegations.

6. Paragraph (b) ofCount IV contains an allegation that "the shipments above" violated certain regulations. The shipments
are not identified specifically nor to where "above"refers. Further, it alleges that properPacking Group I was not followed in said shipments but does not say in what regard the shipments were improper. The Respondent moves the court for a more definite statement or in the alternative to strike the allegations as insufficient.

7. The allegation 

### in Count IV (g) states that "Underthe facts and circumstances ofthis case, a civil penalty of$66,000 is appropriate". There is no support as to why this amount is appropriate. Respondent moves the court for a more definite statement specifying why this amount is appropriate, how the amount was calculated and a copy ofany documents used to calculate this amount.
Respectfully submitted, National Power Corporation by Martin A. Blumenthal, its attorney

Martin A. Blumenthal Attorney forRespondent 1Northfield Plaza, Suite 300 Northfield, lL 60093 847-441-2687 marty@b1 umenthallaw.com 

# --

### CERTIFICA1E OF SERVICE 

# • thereby certifythatthe foregoing Motion was sentviaFirst-Class Mailto: Federal AviationAdministration 800 IndependenceAvenue, S.W. WilburWrightBuilding, Suite 2WIOOO Washington, D.C. 

### 20591 Attn: Hearing DocketClerk, AGC-430 and 

### FederalAviationAdministration 2300 E. DevonAve., AGL-7 Des Plaines, IL 60018 Attn.: Kate Barber, Esq. Date: 

# 2f**~<]>** Signed: