alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
BOILER MACT TEST PLAN MEETING MARCH 18, 2009

AGENDA



### • INTRODUCTION



### • PRELIMINARY SURVEY

o Summary of Number of Boilers/Process Heaters Submitting Test Data



### •

• BOILER MACT TEST PLAN

o Test Plan as Submitted to OMB

o Cost Breakdown of Boiler MACT Test Plan



### •

• IND USTRY CONCERNS WITH BOILER MACT TEST PLAN

o CIBO, AF&PA, API, ACC, Municipalities



### • NACAA CONCERNS WITH BOILER MACT TEST PLAN



### • EARTHJUSTICE CONCERNS WITH BOILER MACT TEST PLAN



### • OMB/SBA CONCERNS WITH BOILER MACT TEST PLAN



### • NEXT STEPS
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).

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

DAVID PRENATT,

 Plaintiff - Appellant,

 v.

G.W. WILLIAMS CO., dba SIERRA

ROBLES APTS.; et al.,

 Defendants - Appellees.

No. 08-15009

D.C. No. CV-06-01633-

GEB/DAD

MEMORANDUM*

Appeal from the United States District Court

for the Eastern District of California

Garland E. Burrell, Jr., District Judge, Presiding

 Submitted May 24, 2011** 

Before: PREGERSON, THOMAS, and PAEZ, Circuit Judges.

David Prenatt appeals pro se from the district court’s judgment dismissing

his 42 U.S.C. § 1983 action alleging that his constitutional rights were violated by

state court eviction proceedings. We have jurisdiction under 28 U.S.C. § 1291. 

FILED

JUN 08 2011

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 08-15009

We review de novo a dismissal under 28 U.S.C. § 1915(e). Barren v. Harrington,

152 F.3d 1193, 1194 (9th Cir. 1998) (order). 

We affirm for the reasons stated in the district court’s order of dismissal

entered on December 3, 2007, which adopted the magistrate judge’s findings and

recommendations entered on November 6, 2007. 

 Prenatt’s remaining contentions are unavailing.

AFFIRMED.
EXHIBIT 32.2



                            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 Electric Aquagenics  Unlimited,  Inc.
(the  "Company") on Form 10-QSB for the period ended June 30, 2006 as filed with
the Securities  and Exchange  Commission on the date hereof (the  "Report"),  I,
Brian D. Heinhold, Chief Financial Officer of the Company,  certify, pursuant to
18 U.S.C. ss. 1350, as adopted pursuant to ss. 906 of the  Sarbanes-Oxley Act of
2002, that to the best of my knowledge:

     (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.

DATE: November 3, 2006



                                            /s/ Brian D. Heinhold
                                            -----------------------
                                             Brian D. Heinhold
                                            Interim Chief Financial Officer
                                            Electric Aquagenics Unlimited, Inc.
EX-10.2






FIRST AMENDMENT TO TERMINATION PROTECTION AGREEMENT




WHEREAS, a Termination Protection Agreement (the “Agreement”) was entered into between Imad
Hajj (“Executive”) and Thomas and Betts Corporation and its successors and assigns (the “Company”)
effective October 2, 2006;



WHEREAS, the Company and Executive mutually consented to the amendment and restatement of the
Agreement, effective October 2, 2006, to reflect the requirements of Section 409A of the Internal
Revenue Code of 1986, as amended (the “Code”) and the related final Treasury Department
regulations;



WHEREAS, the Company and Executive amended and restated the Agreement further in December
2008, in order to clarify certain of its provisions that are governed by, or are otherwise subject
to, Sections 162(m) and 409A of the Code; and



WHEREAS, the Company and Executive mutually consent to the following amendment to Schedule A
effective December 2, 2009 to reflect an increase in Executive’s grade;



NOW, THEREFORE, the Company and Executive agree as follows:



The definition of “Average Bonus” in Schedule A to the Agreement shall be replaced with the
following:



“Average Bonus” means the greater of (i) Executive’s target bonus for the calendar
year immediately prior to the calendar year in which the earlier of the Termination Date or the
Change in Control occurs, or (ii) the highest bonus paid or payable to Executive in respect of any
of the five (5) calendar years (annualized with respect to any such calendar year for which
Executive has been employed for only a portion thereof) immediately prior to the calendar year in
which the earlier of the Termination Date or the Change in Control occurs. Notwithstanding the
foregoing, effective with respect to a Termination Date or Change in Control (whichever is earlier)
occurring on or after January 1, 2010, if Executive is or ever has been a “covered employee”
(within the meaning of Section 162(m) of the Code), the amount described in clause (i), above,
shall cease to apply, and shall be replaced by the phrase, “60% of Executive’s annual rate of base
salary for the calendar year immediately prior to the calendar year in which the earlier of the
Termination Date or the Change in Control occurs.”



IN WITNESS WHEREOF, the parties have executed this Agreement on the        day of
     , 2010.



	 	 	 	 	 
	 	 	THOMAS & BETTS CORPORATION

 
	                                                 
	 	By:
	 	                  

	 	 	 	 	 

	 	 	 	 	Name

Title

	 	 	 	 	 

 

	 	 	 	 	       

	 	 	 	 	 

	 	 	 	 	                                   Imad Hajj
#### In the Matter of Jose Hernandez, Petitioner, v Glenn S. Goord, as Commissioner of New York State Department of Correctional Services, et al., Respondents.

[719 NYS2d 617]

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.

After commencing this CPLR article 78 proceeding, the determination finding petitioner guilty of violating various prison disciplinary rules was administratively reversed and all references thereto were expunged from petitioner’s institutional record. Respondents, accordingly, request that the matter be dismissed as moot. Petitioner opposes respondents’ request in part because he seeks to be returned to the correctional facility where he was housed prior to this incident. It is within the authority of respondent Commissioner of Correctional Services “to transfer inmates from one correctional facility to another and inmates have no constitutional or statutory right to their prior housing status” *(Matter of Howard v Miller,*193 AD2d 988, 989). Inasmuch as petitioner has received all the relief to which he is entitled, the matter is dismissed as moot *(see, Matter of Akam v Dufrain,*274 AD2d 707).

Cardona, P. J., Crew III, Spain, Carpinello and Rose, JJ., concur. Adjudged that the petition is dismissed, as moot, without costs.
| 1.   | I have reviewed this annual report on Form 10-K of Freedom Environmental Services, Inc. ; |
|----------------|-------------------------------------------------------------------------------------------|

| 2.   | Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report; |
|----------------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| 3.   | Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of the small business issuer as of, and for, the periods presented in this report; |
|----------------|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| 4.   | The registrant’s other certifying officer(s) and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) and internal control over financial reporting (as defined in Exchange Act Rules 13a-15(f) and 15d-15(f)) for the small business issuer and have: |
|----------------|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| 5.   | The registrant’s other certifying officer(s) and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the registrant’s auditors and the audit committee of the registrant’s board of directors (or persons performing the equivalent functions): |
|----------------|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

----

----
EXHIBIT 32.1

CERTIFICATIONS OF CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL

OFFICER

PURSUANT TO

18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

I, Stephen J. Fanning, certify, pursuant to 18 U.S.C. Section 1350, as
adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the Quarterly Report of Solta Medical, Inc. on Form 10-Q for the quarterly period ended March 31, 2009 fully complies with the requirements of Section 13(a) or
15(d) of the Securities Exchange Act of 1934 and that information contained in such Quarterly Report on Form 10-Q fairly presents in all material respects the financial condition and results of operations of Solta Medical, Inc.



|                  |  |  |  |     |  |                        |  |                                      
|----------------- |  |  |  | --- |  | ---------------------- |  | -------------------------------------
|Date: May 6, 2009 |  |  |  | By: |  | /s/ Stephen J. Fanning
|                  |  |  |  |     |  | Name:                  |  | Stephen J. Fanning                   
|                  |  |  |  |     |  | Title:                 |  | President and Chief Executive Officer

I, John F. Glenn, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, that the Quarterly Report of Solta Medical, Inc. on Form 10-Q for the quarterly period ended March 31, 2009 fully complies with the requirements of Section 13(a) or 15(d) of the
Securities Exchange Act of 1934 and that information contained in such Quarterly Report on Form 10-Q fairly presents in all material respects the financial condition and results of operations of Solta Medical, Inc.



|                  |  |  |  |     |  |                   |  |                        
|----------------- |  |  |  | --- |  | ----------------- |  | -----------------------
|Date: May 6, 2009 |  |  |  | By: |  | /s/ John F. Glenn
|                  |  |  |  |     |  | Name:             |  | John F. Glenn          
|                  |  |  |  |     |  | Title:            |  | Chief Financial Officer
EXHIBIT 32.2

Certification Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002

In connection with the Quarterly Report of Mewbourne Energy Partners 03-A, L.P. (the Registrant) on Form 10-Q for the three months ended March 31, 2011, as filed with the Securities and Exchange
Commission on the date hereof (the Report), the undersigned hereby certifies, in the capacity as indicated below and pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 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, as amended, and
| | -- | ---------------------------------------------------------------------------------------------------------------------------------

| | 2. | The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of Registrant.
| | -- | ---------------------------------------------------------------------------------------------------------------------------------------------------

Date:                 May 16, 2011



/s/ J. Roe BuckleyJ. Roe BuckleyChairman of the BoardExecutive Vice PresidentChief Financial OfficerMewbourne Development Corporation,Managing General Partner of the Registrant
Order filed March 8, 2018 

In The

Fourteenth Court of Appeals

____________

NO. 14-18-00032-CV

____________

GERONIMO ENERGY LLC., Appellant

V.

STEVE GERDES, Appellee

On Appeal from the 269th District Court

Harris County, Texas

Trial Court Cause No. 2017-57404

ORDER

This is an appeal from a final judgment signed December 22, 2017. The 

judgment grants a motion to dismiss under Texas Civil Practice and Remedies Code 

section 27.003. An appeal, whether interlocutory or not, from a trial court order on 

a motion to dismiss under chapter 27 is expedited. See Tex. Civ. Prac. & Rem. Code 

Ann. § 27.008(b). 

An appeal statutorily required to be expedited is an accelerated appeal. See 
Tex. R. App. P. 28.1(a). The notice of appeal in an accelerated appeal must be filed 

within 20 days after the date the judgment or order is signed. Tex. R. App. P. 26.1(b), 

28.1(b). 

In this case, the notice of appeal was due by January 11, 2018. Appellant’s 

notice of appeal was not filed until January 12, 2018.

A motion for extension of time is necessarily implied when the perfecting 

instrument is filed within 15 days of its due date. Verburgt v. Dorner, 959 S.W.2d 

615, 617 (Tex. 1997). Appellant did not file a motion to extend time to file the notice 

of appeal. While an extension may be implied, appellant is still obligated to come 

forward with a reasonable explanation to support the late filing. See Miller v. 

Greenpark Surgery Center Assocs., Ltd., 974 S.W.2d 805, 808 (Tex. App.—Houston 

[14th Dist.] 1998, no pet.).

Accordingly, we ORDER appellant to file a proper motion to extend time to 

file the notice of appeal on or before March 19, 2018. See Tex. R. App. P. 26.3;

10.5(b). If appellant does not comply with this order, we will dismiss the appeal. See 

Tex. R. App. P. 42.3.

PER CURIAM
<PAGE>

                                  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 Southern Community Bancshares, Inc.
(the "Company") on Form 10-QSB for the period ending June 30, 2003, as filed
with the Securities and Exchange Commission on the date hereof (the "Report"),
I, Gary McGaha, 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/ Gary McGaha
                          --------------------------------------------------
                          Gary McGaha, President and Chief Executive Officer

August 13, 2003

                                       20
Exhibit32.2

CERTIFICATION PURSUANT TO 18 U.S.C. SECTION1350, AS ADOPTED PURSUANT TO SECTION 906 OF THESARBANES-OXLEY ACT OF 2002

In connection with theQuarterly Report of Salomon Smith Barney Fairfield Futures Fund L.P.(the "Partnership") on Form 10-Q for theperiod ending September 30, 2004 as filed with the Securities andExchange Commission on the date hereof (the"Report"), I, Daniel R. McAuliffe, Jr., ChiefFinancial Officer and Director of Citigroup Managed Futures LLC,certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to§ 906 of the Sarbanes-Oxley Act of 2002, that:

(1) The Report fully complies with the requirements ofsection 13(a) or 15(d) of the Securities Exchange Act of 1934; and

(2) The information contained in the Report fairlypresents, in all material respects, the financial condition and resultsof operations of the Partnership.

/s/ Daniel R.McAuliffe, Jr.

|  |
|--|
|  |  |
|  |

Daniel R.McAuliffe, Jr.Citigroup Managed Futures LLC Chief FinancialOfficer and Director     November 12,2004

----
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 Annual Report of Tekmira Pharmaceuticals Corporation (the “Company”) on Form 10-K/A for the year ended December 31, 2014, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I Mark J. Murray, 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 to the best of my knowledge:








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 represents, in all material respects, the financial condition and results of the operations of the Company.





Date: April 30, 2015


/s/ Mark J. MurrayName:

Mark J. MurrayTitle:

President and Chief Executive Officer
Exhibit 13.1(a)

Certification

Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (Subsection (a) and (b) of Section 1350, Chapter 63 of Title 18, United States Code)

Pursuant to section 906 of the Sarbanes-Oxley Act of 2002 (subsection (a) and (b) of section
1350, chapter 63 of title 18, United States Code), the undersigned officer of KB Financial Group Inc., a corporation organized under the laws of the Republic of Korea (the Company), does hereby certify, to such officers
knowledge, that:

The annual report on Form 20-F for the year ended December 31,
2015 (the Form 20-F) fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934 and that information contained in the Form
20-F fairly presents, in all material respects, the financial condition and results of operation of the Company.



|                      |  |  |  |                                     
|--------------------- |  |  |  | ------------------------------------
|Dated: April 28, 2016 |  |  |  | /s/ Jong Kyoo Yoon                  
|                      |  |  |  | Jong Kyoo Yoon                      
|                      |  |  |  | Chairman and Chief Executive Officer

A signed original of this written statement required by Section 906 of the
Sarbanes-Oxley Act of 2002 has been provided to KB Financial Group Inc. and will be retained by KB Financial Group Inc. and furnished to the U.S. Securities and Exchange Commission or its staff upon request.



---

Exhibit 13.1(b)

Certification

Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (Subsection (a) and (b) of Section 1350, Chapter 63 of Title 18, United States Code)

Pursuant to section 906 of the Sarbanes-Oxley Act of 2002 (subsection (a) and (b) of section
1350, chapter 63 of title 18, United States Code), the undersigned officer of KB Financial Group Inc., a corporation organized under the laws of the Republic of Korea (the Company), does hereby certify, to such officers
knowledge, that:

The annual report on Form 20-F for the year ended December 31,
2015 (the Form 20-F) fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934 and that information contained in the Form
20-F fairly presents, in all material respects, the financial condition and results of operation of the Company.



|                      |  |                             
|--------------------- |  | ----------------------------
|Dated: April 28, 2016 |  | /s/ Jungsoo Huh             
|                      |  | Jungsoo Huh                 
|                      |  | Senior Managing Director and
|                      |  | Chief Financial Officer     

A signed original of this written statement required by Section 906 of the
Sarbanes-Oxley Act of 2002 has been provided to KB Financial Group Inc. and will be retained by KB Financial Group Inc. and furnished to the U.S. Securities and Exchange Commission or its staff upon request.
----

Action brought on 22 February 2005 by European Dynamics S.A. against the Commission of the European Communities

(Case T-106/05)

(2005/C 115/53)

Language of the case: English

An action against the Commission of the European Communities was brought before the Court of First Instance of the European Communities on 22 February 2005 by European Dynamics S.A., established in Athens (Greece), represented by N. Kostakopoulos, lawyer.

The applicant claims that the Court should:

Pleas in law and main arguments

The applicant company filed an application in response to the Commission's International Restricted Tender EuropeAid/117579/C/SV/TR for the ‘Technical Assistance to improve the Information and Communication Technology System in the State Institute of Statistics of Turkey — Upgrading the Statistical System of Turkey’. By the contested decision the applicant's application was not short-listed.

In support of its application to annul the contested decision the applicant contends that the defendant violated Regulation 1488/1996, the Financial Regulation (2) and the regulation applying it, as well as Directive 92/50 (3) by using evaluation criteria, that were not well specified in the call for tenders. According to the applicant, if the Commission intended to proceed to a comparative analysis of the candidates' capacities, as it appears to have done, then it should have noted so in the call for tenders.

The applicant also claims that the defendant committed manifest errors of appreciation in the evaluation of the bid it had submitted. The applicant contests the Commission's assessment of its technical capacity.

The applicant finally submits that the Commission failed to provide adequate reasons for its decision, in violation of Article 253 EC.

----

(1)  OJ 2004/S 187-158886.

(2)  Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities, OJ L 248, 16/09/2002, p. 1.

(3)  Council Directive 92/50/EEC of 18 June 1992 relating to the coordination of procedures for the award of public service contracts, OJ L 209, 24/07/1992, p. 1.

----