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# Change Notices

Page Last Reviewed/Updated Thursday, January 11, 2024

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Human Factors Information System (HFIS)

U.S. Nuclear Regulatory Commission

From 01/01/2008 to 12/31/2008Page 88 of 22605/29/2009 10:01:12

2x N

Total 

N

Document Types: IR, LER IR/LER Category Analysis by Docket Report

N

Average for Se

Details Department Work Type 

Facility Name: Indian Point 2 Docket (050- 00247)

Procedures & Reference Document / IR111 - Procedure / reference document technical content M - Mechanical M - Maintenance / Repair 

113

Number of Items for this Docket: 

Percent of Total for this Docket: 

Problem Identification & Resolution / IR146 - Evaluation LTA G - Engineering G - Design 

113

Number of Items for this Docket: 

Percent of Total for this Docket: 

Work Planning & Practices / IR187 - Action implementation LTA G - Engineering G - Design 

113

Number of Items for this Docket: 

Percent of Total for this Docket: 

Procedures & Reference Document / LER111 - Procedure / reference document technical content O - Operations O - Control Room Ops 

113

Number of Items for this Docket: 

Percent of Total for this Docket: 

Work Planning & Practices / LER185 - Procedural adherence LTA O - Operations O - Control Room Ops 

186 - Failure to take action / meet requirements O - Operations O - Control Room Ops 190 - Failure to stop work / non-conservative decision making O - Control Room Ops 

O - Operations

195 - Logkeeping or log review LTA O - Operations O - Control Room Ops 

450

Number of Items for this Docket: 

Percent of Total for this Docket: 

Total Items for this Docket: 8
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(September 14, 1995)

#### The People of the State of New York, Respondent, v Gerard B. Reilly, Appellant.

[631 NYS2d 203]

Peters, J.

Appeal from a judgment of the County Court of Broome County (Smith, J.), rendered April 7, 1993, upon a verdict convicting defendant of the crimes of burglary in the second degree (two counts) and grand larceny in the third degree.

Following a series of burglaries in the City of Binghamton, Broome County, in 1992, defendant was arrested and charged with two counts of burglary in the second degree and one count of grand larceny in the third degree. Shortly after his arraignment, defendant was hospitalized for approximately three weeks and diagnosed as suffering from a manic depressive disorder. Lithium was prescribed for his illness. On January 11, 1993, defendant appeared in court to be heard on his application to appear *pro se.*County Court expressed concerns about defendant’s mental status but ultimately granted defendant’s request and appointed stand-by counsel.

Defendant thereafter participated fully in the proceedings until, at one point in his trial where he was conducting an ex-*757animation of one of his own witnesses, he attempted to have the witness identify him as Jesus Christ. County Court directed the jury to leave the courtroom, revoked defendant’s right to proceed *pro se*and ultimately ordered a CPL article 730 examination of defendant. Defendant was found competent to stand trial and was ultimately convicted of all counts. Defendant now appeals.

There must be an affirmance. We reject defendant’s principal contention that County Court erred in permitting him to represent himself at trial without first ordering a competency exam as requested by defense counsel during defendant’s initial application to appear *pro se.*The record reveals no abuse of discretion by County Court in denying this request (see, *People v Gronachan,*162 AD2d 852, 853). Instead, the record indicates that the court fully considered defendant’s medical situation and undertook a thorough examination of him to determine if the request was made voluntarily and with full knowledge of the possible perils and disadvantages of proceeding *pro se (see, People v Ward,*205 AD2d 876, 877, *lv denied*84 NY2d 873). Significantly, "[a] criminal defendant’s right to conduct his or her own defense is guaranteed by both the Federal and New York Constitutions” *(People v Ward, supra,*at 877; *see, Faretta v California,*422 US 806, 819-820; *see also,*NY Const, art I, § 6). Since we find that defendant was appropriately warned and all factors were appropriately considered, we find no reason to conclude that County Court erred in honoring defendant’s request *(see, People v Ward, supra; People v Caccamise,*198 AD2d 537, 538-539, *lv denied*83 NY2d 803).

Finally, we have examined defendant’s claim that the imposed sentence of concurrent terms of imprisonment of 4 to 8 years for the burglary convictions and 2 to 4 years for the grand larceny conviction was harsh and excessive, and find it to be without merit.

Cardona, P. J., Mercure, White and Spain, JJ., concur. Ordered that the judgment is affirmed.
T hi s di s pos i t i on i s notappr opr i a t e f orpubl i c a t i on and i s notpr e c e de nt * e xc e pta s pr ovi de d by9th C i r . R . 36- 3.

T he pane l una ni m ous l yc onc l ude s thi s c a s e i s s ui t abl e f orde c i s i on ** w ith o u t o r a l ar g u m e n t. See F ed. R . A pp . P . 34 (a )( 2). NOT F OR P UB L I CAT I ON UN I TE D STATE S C OU RT OF APPE ALS FOR T HE NI NTH CI RC UI T UN I T E D S T AT E S OF AME R I C A, P l ai nt i ff

- A pp el l ee , v. FR AN CI SC O FERNA ND O CHA VEZ V A L D E Z , ak a F ran ci sco C h av ez, ak a Jo se M edi na L op ez , aka F ranci sc o V al dez, D e f

e n d an t - A p p e llan t. N o. 11- 50034 D . C . N o. 2: 09 -c r- 00 79 6-D S F -1 ME MOR AN DU M *

A pp ea l fr om the U ni t ed S t at es D i stri ctC ou rt f o rth e C e n tr a l D is tr ic t o f C a lif o rn ia D a l e S . F i s c he r , D i s tr i c tJudge , P r e s i di ng S ubm i tt e d Jul y17, 2012 ** B efo re: S C H R O E D E R , T H O M A S an dS IL V E R M A N , C i rcu i tJu d g es. F r anc i s c o F e rnando C ha ve z V a l de z appe a l s f r om hi s gui l ty - pl e ac onvi c t i on and 4 6-m on th sent ence for bei ng an i l l egalal i en foun d i n the U ni t ed S t at es af t er h a v in g b e e n p r e v io u s lyr e m o v e d , in v io la tio n o f 8 U .S .C . § 1 3 2 6 ( a ) . P u r s u an t to



# FI LED JU L 19 2012 M OLLY C. DW Y ER, CLERK U . S. C O U R T OF APPE ALS2 11- 50034

A n de rs v . Ca lifo rn ia , 38 6 U . S . 73 8 (19 67 ), V al dez’ s c ou nselhas f i l ed a bri ef st at i ng there ar e no g roun ds for r el i ef , al on g w i th a m ot i on t o w i thd raw as coun se l of re cord. V al dez has fi l ed a pro se supp l em ent albri ef . W i th r e gar d t o V a l de z ’ s c onvi c t i on and c r i m i na l hi s t ory , f r om w hi c h he r e t a i ne d the r i ghtt o appe a l , ouri nde pe nde ntr e vi e w of the r e c or d di s c l os e s no ar g u ab l e g r o u n d s f

o rr e l i e f , a n dw e a f

f i rm. V a l de z w a i ve d hi s r i ghtt o appe a l hi s s e nt e nc e w i th the e xc e pt i on of the ca l cul at i on of hi s c ri m i nal hi st ory c at egory. O ur i nd ependentre vi ew of the re cord pur s uantt o P e n s o n v . O h io , 48 8 U . S . 75 , 80 -81 (19 88 ), i nd i cat es thatthe appeal w a iv e ris o p e r a tiv e . A c c o r d in g ly , w e d is m is s th e ap p e a l in p art. See U ni ted States v. N gu ye n , 23 5 F . 3d 11 79 , 11 82 (9th C i r. 20 00 ). C o u n sel ’ s m o t i o n t o w i th d raw i s GR AN T E D. A F F IR M E D i n p art; D IS M IS S E D i n p art.
#### WILLIAM HUNT *vs.*JAMES C. STEVENS.

'Money in the hands of the clerk of a court by virtue of his office cannot be attached.

June 1843

The cases of *Alston*v *Clay,*2 Hay. 171, and *Overton*v *Ilill,*1 Murph. 47, cited and approved.

Appeal from the Superior Court of Nash county, at Spring Term, 1843, his Honor Judge Manly presiding.

This was a proceeding by original attachment. B. H. Blount, the clerk of the Superior court of Nash county, was summoned as a garnishee, and stated in his garnishment the amount of money he had in his office as clerk, which apparently belonged to the defendant. The plaintiff moved the court that the money thus held by the clerk be condemned to the satisfaction of his demand. The court refused this motion, upon the ground that funds in his hands, in his official capacity, were not liable to be attached: from which decision the plaintiff appealed..

No counsel for the plaintiff.

*Ji. F. Moore*for the defendant.

Daniel, J.

We think the. opinion of the court below correct. It has been repeatedly deecided that money in the hands of a sheriff, raised by execution, or moneys in the hands of a clerk of a court by virtue of his office cannot be attached. *Alston*& *Co.*v *Clay,*2 Hay. 171. *Overton v Hill,*1 Mur. 47. The court, and not these officers, is the *366proper judge to whom such moneys belong. The judgment must be affirmed.

Per Curiam. Judgment affirmed.
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

MANUEL CARRILLO,

 Petitioner,

 v.

ERIC H. HOLDER, Jr., Attorney General,

 Respondent.

No. 12-73681

Agency No. A041-111-699

MEMORANDUM*

On Petition for Review of an Order of the

Board of Immigration Appeals

Submitted May 13, 2014** 

Before: CLIFTON, BEA, and WATFORD, Circuit Judges.

Manuel Carrillo, a native and citizen of Mexico, petitions for review of the

Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an

immigration judge’s decision denying his motion to reopen removal proceedings

conducted in absentia. Our jurisdiction is governed by 8 U.S.C. § 1252. We

FILED

MAY 27 2014

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

 * This disposition is not appropriate for publication and is not precedent

except as provided by 9th Cir. R. 36-3.

 ** The panel unanimously concludes this case is suitable for decision

without oral argument. See Fed. R. App. P. 34(a)(2).
review for abuse of discretion the denial of a motion to reopen. Mohammed v.

Gonzales, 400 F.3d 785, 791 (9th Cir. 2005). We deny in part and dismiss in part

the petition for review.

In his opening brief, Carrillo fails to raise, and therefore has waived, any

challenge to the BIA’s determination that notice of his October 3, 2005, hearing

was proper. See Tijani v. Holder, 628 F.3d 1071, 1080 (9th Cir. 2010).

The BIA did not abuse its discretion by denying Carrillo’s motion to reopen

as untimely where Carrillo filed his motion more than five years after his in

absentia removal order was issued. See 8 U.S.C. § 1229a(b)(5)(C)(i) (an alien has

180 days to file a motion to reopen to rescind the in absentia order if the alien can

show that he failed to appear for the hearing due to exceptional circumstances).

We lack jurisdiction to consider Carrillo’s contention regarding equitable

tolling of the motion to reopen filing deadline because he failed to exhaust this

contention before the BIA. See Tijani, 628 F.3d at 1080.

PETITION FOR REVIEW DENIED in part; DISMISSED in part.

2 12-73681
HomeNRC LibraryDocument CollectionsNews Releases1999

# NRC Finds Performance 'Acceptable' at Duane Arnold Nuclear Power Plant in Latest Review

----

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NEWS ANNOUNCEMENT: No. III-99-10 March 31, 1999

NRC FINDS PERFORMANCE 'ACCEPTABLE' AT DUANE ARNOLD NUCLEAR POWER PLANT IN LATEST REVIEW

The Nuclear Regulatory Commission staff has found that safety performance remains acceptable in the NRC's latest plant performance review at the Duane Arnold nuclear power plant, located in Palo, Iowa.

The review of the Duane Arnold Energy Center (DAEC) covers the period September 28, 1997, through January 31.

Geoffrey Grant, NRC Region III Division Director, in a letter to Alliant Utilities, said "Overall, DAEC performance was acceptable. Performance was characterized by teamwork between organizations and appropriate management attention and involvement to ensure routine activities were successfully accomplished. A short-term decline in human performance occurred during the refuel outage early in the assessment period. This recurring increase in human performance errors was recognized by management and corrective actions were taken to address the problems."

"While improved performance was evident during the second half of the refuel outage, the corrective actions were not significantly challenged and an assessment of the effectiveness cannot be made until the next refueling outage in October 1999," Mr. Grant continued. "Material condition of plant equipment continued to be good. Emergent degraded equipment conditions were aggressively addressed and engineering personnel were actively and successfully involved in these and other support efforts."

The text of the plant performance review letter is available from the NRC Region III Office of Public Affairs and on the NRC web site.

NRC reviews safety performance twice a year at every licensed nuclear power plant in the nation. These reviews give the agency staff an integrated assessment of plant performance and provide a basis for planning inspection activities.

Plant performance reviews are an interim measure NRC is utilizing to monitor nuclear power plant safety. The agency began using it for this purpose after suspending the Systematic Assessment of License Performance (SALP) process until a new assessment program is developed. Previously, SALP reports were issued every 12 to 24 months.

The new reactor oversight and assessment program being developed will provide quarterly performance reports, based on a number of performance indicators and on inspection findings. This program will be tested at eight plants beginning in June and will be extended to all plants next January. A full description of the new program is available on the NRC web site.

Page Last Reviewed/Updated Wednesday, March 24, 2021
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Document Headings

                    Document headings vary by document type but may contain                    the following:                  
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###### Department of Justice

###### Drug Enforcement Administration

          - [Docket No. DEA-392]

# ACTION:

Notice of registration.

# SUMMARY:

Apertus Pharmaceuticals applied to be registered as a manufacturer of a certain basic class of controlled substance. The DEA grants Apertus Pharmaceuticals registration as a manufacturer of the controlled substance.

# SUPPLEMENTARY INFORMATION:

                    By notice dated May 28, 2014, and published in the                     **Federal Register**                     on June 4, 2014, 79 FR 32321, Apertus Pharmaceuticals, 331 Consort Drive, St. Louis, Missouri 63011, applied to be registered as a manufacturer of a certain basic class of controlled substance. No comments or objections were submitted to this notice.                

The Drug Enforcement Administration (DEA) has considered the factors in 21 U.S.C. 823(a) and determined that the registration of Apertus Pharmaceuticals to manufacture the basic class of controlled substance is consistent with the public interest and with United States obligations under international treaties, conventions, or protocols in effect on May 1, 1971. The DEA investigated the company's maintenance of effective controls against diversion by inspecting and testing the company's physical security systems, verifying the company's compliance with state and local laws, and reviewing the company's background and history.

Therefore, pursuant to 21 U.S.C. 823(a), and in accordance with 21 CFR 1301.33, the above-named company is granted registration as a bulk manufacturer of Remifentanil (9739), a basic class of controlled substance listed in schedule II.

The company plans to manufacture small quantities of the listed controlled substance to make reference standards for distribution to their customers.

On March 27, 2014, Apertus Pharmaceuticals withdrew its request for the addition of Alfentanil (9737), Sufentanil (9740), and Fentanyl (9801) to this registration.

Dated: January 9, 2015.

Joseph T. Rannazzisi,

Deputy Assistant Administrator.

[FR Doc. 2015-01306 Filed 1-23-15; 8:45 am]

BILLING CODE P
Exhibit 31.1
Rule 13a – 14(a) CERTIFICATION OF CHIEF EXECUTIVE OFFICER
I, Christian L. Allison, certify that:
1. I have reviewed this quarterly report on Form 10-Q of TollgradeCommunications, Inc. 2. Based on my knowledge, this report does not contain any untrue statementof a material fact or omit to state a material fact necessary to make thestatements made, in light of the circumstances under which such statementswere made, not misleading with respect to the period covered by thisreport; 3. Based on my knowledge, the financial statements, and other financialinformation included in this report, fairly present in all materialrespects the financial condition, results of operations and cash flows ofthe registrant as of, and for, the periods presented in this report; 4. The registrant’s other certifying officers and I are responsible forestablishing and maintaining disclosure controls and procedures (asdefined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrantand have:
 (a) Designed such disclosure controls and procedures, or causedsuch disclosure controls and procedures to be designed under oursupervision, to ensure that material information relating to theregistrant, including its consolidated subsidiaries, is made known tous by others within those entities, particularly during the period inwhich this report is being prepared;  (b) Evaluated the effectiveness of the registrant’s disclosurecontrols and procedures and presented in this report our conclusionsabout the effectiveness of the disclosure controls and procedures, asof the end of the period covered by this report based on suchevaluation; and  (c) Disclosed in this report any change in the registrant’sinternal control over financial reporting that occurred during theregistrant’s most recent fiscal quarter (the registrant’s fourthfiscal quarter in the case of an annual report) that has materiallyaffected, or is reasonably likely to materially affect, theregistrant’s internal control over financial reporting; and
5. The registrant’s other certifying officer and I have disclosed, based onour most recent evaluation of internal control over financial reporting,to the registrant’s auditors and the audit committee of the registrant’sboard of directors (or persons performing the equivalent functions):
 (a) All significant deficiencies and material weaknesses in thedesign or operation of internal control over financial reportingwhich are reasonably likely to adversely affect the registrant’sability to record, process, summarize and report financialinformation; and  (b) Any fraud, whether or not material, that involves management orother employees who have a significant role in the registrant’sinternal control over financial reporting.
Date: November 4, 2004 /s/ Christian L. AllisonName: Christian L. AllisonTitle: Chief Executive Officer
46