.3'7BEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION OFFICE OF HEARINGS 

WASHINGTON, D.C. 

In the Matter of National Power Corporation 

2010-GL-70-0212 

Judge Not Assigned 

8ECEI\IED 

AUG 2 7 Zn13 

HEARING DOCKET 

CONSOLIDATED MOTION BY RESPONDENT FOR MORE 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 order the Federal 

Aviation Administration for more definite statement, strike certain allegations from its complaint and to produce certain 

documents and in support thereof states as follows: 

1. The allegations contained in paragraph 2 reference eleven shipments. There is no further identification of those shipments 

nor is any documentation attached-as an exhibit to the complaint. Respondent hereby moves the court for an order to specify 

and identify th~se shipments. Further, the allegation contains-a statement concerning NPC having "availed" itself ofiCAO 

Technical Instructions. The Respondent moves· the court for an order for 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 of the complaint lists eleven alleged shipments that were offered and transported by the Respondent in 

violation of the hazardous materialsregulations. The Respondent rrioves'the court for a more definite statement as to how 

each of these shipments violated any statute or regulation with specificity. 

4. Paragraph 7 of the complaint alleges that an employee performed hazardous material shipping functions without receiving 

the proper training. 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 of training 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) of Count 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 proper Packing 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 "Under the facts and circumstances of this 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 of any documents used to 

calculate this amount. 

Respectfully submitted, 

National Power Corporation by 

Martin A. Blumenthal, its attorney 

Martin A. Blumenthal 

Attorney for Respondent 

1 Northfield Plaza, Suite 300 

Northfield, lL 60093 

847-441-2687 

marty@b 1 umenthallaw .com 

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CERTIFICA1E OF SERVICE 

• 

thereby certify that the foregoing Motion was sent via First -Class Mail to: 

Federal Aviation Administration 

800 Independence A venue, S. W. Wilbur Wright Building, Suite 2WIOOO Washington, D.C. 20591 

Attn: Hearing Docket Clerk, AGC-430 

and 

Federal Aviation Administration 

2300 E. Devon Ave., AGL-7 

Des Plaines, IL 60018 

Attn.: Kate Barber, Esq. 

Date: 2f ~<]> 

Signed: