New York

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    Judge Hears Arguments For/Against Broome Virtual Pipe, Delay Stays

    Yesterday both sides were in court in Broome County, NY to put forward their best arguments for why a natural gas transfer station (i.e. virtual pipeline) project in the Town of Fenton, near Binghamton, should (or should not) get built. We’ve covered this story from the beginning–because we like virtual pipelines which get natural gas to customers who aren’t blessed to live near a pipeline, and because we live about 10 miles from the proposed site. NG Advantage wants to build a virtual pipeline operation in a suburb of Binghamton. The location NG picked, after considering up to six other locations in the region, was selected because of it’s proximity to major highways, proximity to the Millennium Pipeline, and availability of high-power electric lines. A virtual pipeline is nothing more than a compressor plant (series of compressor plants) that grabs gas from a pipeline, in this case the Millennium, and compresses it and loads it onto special tractor trailers that then deliver the gas to industrial customers like manufacturing plants, hospitals, and even small regional gas distribution systems servicing residential homes. The location NG selected, in the Town of Fenton (within spitting distance of residential communities Hillcrest and Port Dickinson) was approved by the Town of Fenton after a detailed review. The area NG selected is zoned industrial and is, in fact, a former dump site. However, residents from nearby neighborhoods in Hillcrest and Port Dick were not aware of the project (so they claim) and when construction began to clear the dump site, and residents learned what was going to be built at the site, some of them demanded court action to oppose it. Two court cases have been filed and a local judge has temporarily stopped construction at the site. Yesterday that judge heard arguments for and against. NG Advantage CEO Rico Biasetti was encouraged by the judges questions…
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    Update on NG Advantage Virtual Pipeline near Binghamton

    What’s the latest with the proposed virtual pipeline in Broome County, NY? NG Advantage wants to build a “virtual pipeline” operation in a suburb of Binghamton. The location NG picked, after considering up to six locations in the region, was selected because of it’s proximity to major highways, proximity to the Millennium Pipeline, and availability of high-power electric lines. A virtual pipeline is nothing more than a compressor plant (series of compressor plants) that grabs gas from a pipeline, in this case the Millennium, and compresses it and loads it onto special tractor trailers that then deliver the gas to industrial customers like manufacturing plants, hospitals, and even small regional gas distribution systems servicing residential homes. The location NG selected, in the Town of Fenton (within spitting distance of Hillcrest and Port Dickinson) was approved by the Town of Fenton after a detailed review. The area they selected is zoned industrial and is, in fact, a former dump site. However, residents from nearby neighborhoods (Hillcrest and Port Dick) were not aware of the project (so they claim) and when construction began to clear the dump site, and residents learned what was going to be built at the site, some of them demanded court action to oppose it. So far we’ve had two court cases asking county-level court (called “Supreme Court” in NY) to stop the project, which it temporarily has. And there we sit–waiting on a local court. When traveling through the neighborhoods near the site you see plenty of “No Compressor Station” signs. Ask any of the locals why they oppose it and the issue pretty much centers on truck traffic. The plant itself is safe. It doesn’t emit anything in the way of air pollution. It’s quiet–running on electric motors. The only thing people have to complain about is 3-4 trucks an hour going in and out of the plant. That’s it. But that’s enough to warrant a major fuss. The very latest is that State Senator Fred Akshar and Assemblyman Clifford Crouch, both of whom represent people in the Town of Fenton, visited the NG Advantage facility in Vermont last week–a facility similar to the one proposed for Fenton. They wanted to see it for themselves. Neither rep really has a say in what will happen in Fenton (the matter is in the courts at this point), but at least they informed themselves about the issue and can talk, rationally, with some of their irrational constituents…
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    Corrupt NY DEC Fires Back at Millennium, Claims Deadline is Aug 30

    Yesterday MDN brought you the exciting news that Millennium Pipeline has asked the Federal Energy Regulatory Commission (FERC) to overrule the New York Dept. of Environmental Conservation–politicized and corrupted by Gov. Andrew Cuomo–and issue permission to commence construction of a very small 7.8 mile pipeline that will connect Millennium to a natural gas-fired power plant now under construction in Orange County, NY (see Showdown: Millennium Asks FERC for Permission to Ignore NY DEC). According to the law as written, if a state (like NY) does not act on a federal Section 401 Water Quality Certification stream crossing permit for 12 months, FERC has the right to step back in and issue the certificate. It would totally emasculate the corrupt DEC. But hold on. The DEC is once again using sleazy political tactics to try and forestall FERC from taking action. On Tuesday the DEC filed a letter with FERC requesting they hold off on granting Millennium permission to build–based on a technicality. Millennium first filed their application with the DEC 19 months ago. But the DEC says the initial application was “incomplete” and that the completed application, refiled by Millennium, didn’t happen until months later–and if you count the time from the refiled application, the DEC has until August 30th to issue the 401 water permit. And DEC says they will rule by or on August 30th. In a somewhat comical typographical error, the final paragraph of the DEC letter to FERC begins this way: “For the above reasons, I respectfully urge the Director of OEP to deny Millennium’s Request, or, alternatively, place the Request in abeyance until August 31, 3017…” Did you catch that? August of “3017.” Freudian slip? We’re sure the DEC would love FERC to delay a decision for another 1,000 years…
    Read More “Corrupt NY DEC Fires Back at Millennium, Claims Deadline is Aug 30”

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    Showdown: Millennium Asks FERC for Permission to Ignore NY DEC

    This is it folks. This is the case that will crush New York Gov. Andrew Cuomo’s blockade of important pipeline projects in the Empire State. For 19 months the New York Dept. of Environmental Conservation (DEC) has dithered around, at the prompting of Andrew Cuomo, and has refused to grant federal Section 401 Water Quality Certification stream crossing permits for a tiny 7.8 mile pipeline spur off the Millennium Pipeline in Orange County, NY, called the Valley Lateral Project, to feed a gas-fired electric generating plant that is now under construction. Statutorily NY has 12 months (1 year) to review such an application and act on it. NY has refused to act on it. So Millennium took the NY DEC to the U.S. Court of Appeals for the District of Columbia Circuit. In June the court dismissed the lawsuit by Millennium, which at first blush may seem like a blow. But it was the reasoning and opinion of the judges in dismissing the case that will change everything in New York. The judges said there is no case because if, as Millennium says, the DEC is denying the water permits, FERC itself has the power to jump back in and simply override NY DEC and issue the permits (see DC Court Tells Millennium FERC Can Override NY DEC Pipeline Delay). Last Friday Millennium pulled the trigger and did it–they sent an official request to FERC (copy below) that outlines their Herculean efforts to work with NY DEC over the past 19 months, and asks FERC to move forward with permission to build the pipeline anyway–IGNORING THE DEC. If FERC agrees (and we think they will), NY DEC is about to become irrelevant in ALL FERC-approved pipeline projects they are blocking, including the Williams Constitution and National Fuel Gas Northern Access projects…
    Read More “Showdown: Millennium Asks FERC for Permission to Ignore NY DEC”

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    Anti Groups Panic, Demand Govs Ban Fracking in Dela. River Basin

    Radical anti-fossil fuelers with THE Delaware Riverkeeper and New Jersey Sierra Club, along with a mish mash of other fringe “environmental” groups, are becoming shrill in their demand that fracking be permanently banned in the Delaware River Basin. Riverkeeper, Sierra Club and other nutjob groups are this week delivering a petition they claim has over 63,000 signatures (many of them made up or dead) calling on the governors of the four states that are part of the Delaware River Basin Commission (DRBC) to vote to permanently ban fracking in the DRBC’s jurisdiction. Each day this week the group of, whatever you call them, are delivering the petitions in staged media events, in each state capital. These groups have wanted and lobbied for a permanent ban for years. Why push so hard for it now? What’s the urgency? Why go on the road now to demand an outright ban? There is only one reason we can think of for why these radicals are pushing so hard now: they are running scared, concerned that a lawsuit by a Wayne County landowner in federal court will go against the DRBC and finally force the issue, allowing fracking (see Wayne County Landowner Files Brief in Case Against DRBC Frack Ban). Once fracking begins in the Delaware River Basin–and let us assure you, it will–and once everyone sees that fracking is safe and has zero impact on drinking water supplies, the lie anti-frackers have pedaled since Josh Fox and Gasland will be exposed for all to see. That’s why they are in a panic, “demanding” that fracking be banned, NOW. They need to get it banned before the judge makes a decision to allow it…
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    Report: New York City Needs More NatGas Pipelines, STAT

    New York City needs more natural gas pipelines–and it needs them BAD. That’s the upshot of a newly released report from the New York Building Congress, a trade group representing some 450 other building-related trade groups with 250,000+ members. The report, titled “Electricity Outlook: Powering New York City’s Future” (full copy below) says NYC needs more pipelines built before the Indian Point Nuclear plant closes in 2021–both for electric generation (to replace Indian Point’s electricity) and because of the prohibition coming on heavier fuel oil used for wintertime heating. Interesting (and mind-blowing) fact: 81.5% of the electricity flowing in the five boroughs of NYC comes from natural gas-fired electric plants. The report calls for the Federal Energy Regulatory Commission to promptly approve Transco’s Northeast Supply Enhancement Project, when FERC has a quorum, which will flow more PA Marcellus gas to NYC and New Jersey. The report also calls on officials to approve Millennium Pipeline’s expansion request in Upstate. Of course the irony is not lost on those of us who live in Upstate New York–the irony being that we could be the ones providing at least some of that natural gas to our cousins in the City, if sleazeball Gov. Andrew Cuomo hadn’t banned fracking. So yes, New York needs more natural gas and needs it asap, but New York has banned the production of it–so we’ll have to get it from places like Pennsylvania, Ohio and West Virginia instead. Bad for us, but good for them…
    Read More “Report: New York City Needs More NatGas Pipelines, STAT”

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    Trial Date Set for Corruption re Wayawanda, NY CPV Power Plant

    In September 2016, MDN brought you the sad news that the former head of external affairs and government relations for Competitive Power Ventures (CPV), Peter Kelly, was indicted for bribing New York Gov. Cuomo’s long-time top aide Joseph Percoco to get state approvals for CPV’s $900 million Valley Energy Center natural gas-fired electric generating plant in Orange County, NY (see NY NatGas-Fired Electric Plant an Inside Job for Corrupt Cuomo Aide). Both Kelly and Percoco were indicted. The trial date is now set, for Jan. 8, 2018. The Kelly/Percoco corruption was just one part of a much larger corruption scandal that threatens to taint Gov. Cuomo’s re-election campaign next year. The larger scandal involves something dubbed Buffalo Billions. Corruption runs so deep in New York, we feel filthy just reading about it. Yesterday a federal judge overseeing the larger case split the case in two. The part of the case involving the CPV bribe happens in January, while the Buffalo Billions case happens next May. We try to sort it all out below…
    Read More “Trial Date Set for Corruption re Wayawanda, NY CPV Power Plant”

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    NY DEC Tells Williams NE Supply Water Permit App is “Incomplete”

    In March of this year, Williams filed a full, official application for the Northeast Supply Enhancement project (see Williams Files with FERC to Expand Transco Pipeline to NYC, NE). The new project is meant to increase pipeline capacity and flows heading into northeastern markets. In particular, Transco wants to provide more Marcellus natural gas to utility giant National Grid beginning with the 2019-2020 heating season. National Grid operates in New York City, Rhode Island and Massachusetts. There are a number of components to the project, but the key component, the heart of the project, is a new 23-mile pipeline from the shore of New Jersey into (on the bottom of) the Raritan Bay–running parallel to the existing Transco pipeline–before connecting to the Transco offshore. Just two days ago we told you about an effort in NJ to oppose it (see Battle Heats Up for NJ-NY Raritan Bay NatGas Pipeline). Much of the Raritan Bay pipeline is located in New York territorial waters. In a case of “here we go again,” the New York Dept. of Environmental Conservation (DEC), which has been corrupted and politicized by Gov. Andrew Cuomo, sent a notice to Williams (to their Transco subsidiary) to declare the application for a 401 water-crossing permit for the Northeast Supply Enhancement project is deemed “incomplete,” pending certain items…
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    “Privileged White” Actor Cromwell Serves < Half of Jail Sentence

    Being famous (and “privileged” and “white”) has its perks. Actor James Cromwell, as we noted yesterday, reported to jail last Friday for refusing to pay a fine and do community service following his illegal activities in blocking construction at the $900 million CPV Valley Energy Center project in Wawayanda, NY (see “Privileged White” Actor James Cromwell Jailed for Power Plant Protest). In an interview with People magazine, Cromwell said he was “excited” to experience something most “privileged white people” don’t experience–time in the clink. Cromwell endangered himself and others with his actions. A judge found him guilty. He refused to pay a small fine, so he received a sentence of seven days. Although we assumed he was in the midst of his sentence when we posted our piece yesterday, alas, come to find out, he was not. Cromwell was already released–after serving just 3 days of his 7-day sentence–less than half of his sentence. Jail officials tossed him out Monday morning, after spending the weekend in jail. So yes, apparently being a famous Hollywood star who is “privileged” and “white” gets you a free get-out-of-jail card–at least in Orange County, where the wheels of justice grind differently, depending on race, economic status and celebrity…
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    “Privileged White” Actor James Cromwell Jailed for Power Plant Protest

    James Cromwell as Zefram Cochrane in Star Trek

    Hollywood actor James Cromwell is not only a privileged, spoiled 77-year old, he’s also self-loathing–because he’s white. That’s what we take from an article appearing in People magazine and its interview with Cromwell, who starred in movies like Babe, The Sum of All Fears and (one our favorites), Star Trek: First Contact. Cromwell, a Manhattanite, maintains a home in Orange County, NY (i.e. “Upstate”). When Cromwell learned that an electric generating plant that burns evil fossil fuels (natural gas) would be built near his home, he thought he would do what all Hollywood stars thinks will work–shut the project down by protesting. You know, because he’s famous. What a dope. After initial court challenges went nowhere, CPV (Competitive Power Ventures) began building the $900 million Valley Energy Center project in Wawayanda, NY (see Orange County, NY Marcellus-Fired Electric Plant OK’d by Judge). In December 2015, Cromwell and a few star-struck sycophants got themselves arrested for illegally blocking the entrance to the construction site (see Actor James Cromwell Arrested Protesting NY Power Plant Site). The wheels of justice grind slowly, but finally, two years later, the “Wawayanda Six,” as they call themselves, were found guilty and ordered to pay a fine. Some of the six did, but Cromwell and a few others refused. So last Friday Cromwell went to jail, where he’s sitting right now, for a seven-day sentence. Prior to heading off to the clink, Cromwell gave an interview to People in which he says, among other things, that’s he’s “excited” to be going to jail. He then said this: “So yes, I’m excited. I’m excited because I will have had an experience that not a lot of privileged white people have, what it’s like to be in there. What that system does to people who have no choice of how long they’re in there — they’re not gonna be in there for a week, they’re gonna be in there for years.” Our translation: Cromwell hates himself because he’s white and he’s privileged. Which is kind of ironic–because he tried to stop a $900 million project that will benefit the unprivileged people living in his area (with jobs and local tax revenue) precisely by USING his white, privileged status. Talk about conflicted!…
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    Second NY NatGas-Fired Elec Plant Breaks Ground in Hudson Valley

    Cricket Valley Energy – artists rendering (click for larger version)

    In January MDN told you about a second new natural gas-fired electric plant project in the Hudson Valley–in Dutchess County–an 1,100 megawatt plant to be built by Advance Power (see Japanese Company Building NatGas Power Plant in (Yes) New York). As we pointed out at the time, the Cricket Valley Energy project is 44% owned by JERA Co., Inc., a Japanese company. The power generating plant, if it gets built, will be fed by the Iroquois pipeline–which flows (yes) fracked Marcellus gas from Pennsylvania. The astonishing news is that on June 28th, Cricket Valley Energy broke ground and began construction. In corrupt New York!…
    Read More “Second NY NatGas-Fired Elec Plant Breaks Ground in Hudson Valley”

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    Battle Heats Up for NJ-NY Raritan Bay NatGas Pipeline

    Click for larger version

    In March of this year, Williams filed a full, official application for the Northeast Supply Enhancement project (see Williams Files with FERC to Expand Transco Pipeline to NYC, NE). The new project is meant to increase pipeline capacity and flows heading into northeastern markets. In particular, Transco wants to provide more Marcellus natural gas to utility giant National Grid beginning with the 2019-2020 heating season. National Grid operates in New York City, Rhode Island and Massachusetts. There are a number of components to the project, but the key component, the heart of the project, is a new 23-mile pipeline from the shore of New Jersey into (on the bottom of) the Raritan Bay–running parallel to the existing Transco pipeline–before connecting to the Transco offshore. The gas flowing through the new pipeline will power an additional 2.3 million homes in the NYC area. Pre-filing for the project was done in May 2016, and the official application, as we said, was filed in March 2017. However, anti-fossil fuel fanatics (like the Sierra Club) have just woken up and are now protesting against the project–because the pipeline will run through the bay…
    Read More “Battle Heats Up for NJ-NY Raritan Bay NatGas Pipeline”

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    Broome “Titanic” County Desperately Needs NGA Virtual Pipeline

    Recently Broome County (NY) Executive Jason Garner sounded the alarm about county finances. He compared Broome County’s economic situation to the Titanic. The New York State Comptroller’s office issued a report in September 2016 that said Broome County has been in fiscal stress over the past three years. Thank you Gov. Cuomo for banning fracking–the one thing that could have pulled us out of the hole. With all of the bad news, you would think Broome County would be a cheerleader for a proposed “virtual pipeline” project from NG Advantage, planned for the Town of Fenton in a Binghamton suburb. In fact, Fenton approved the project (after a detailed review), and construction began in June (see NG Advantage Virtual Pipe “Done Deal” in Broome County, Antis Stymied). However, when the county weighed in on the NG Advantage project, back in May, it recommended against building the project (see NG Advantage Virtual Pipeline May be Coming to MDN’s Backyard). Isn’t that just like Broome County? We’re sinking (yes, MDN editor Jim Willis lives and writes MDN from Broome County), the County Executive sounds the alarm, yet the county wants to deny a project that will bring 150 full-time jobs and millions in tax revenue to county coffers. The irony was not wasted on NG Advantage, which issued this statement following Garner’s economic pronouncement that we’re sitting on the Titanic here in Broome County…
    Read More “Broome “Titanic” County Desperately Needs NGA Virtual Pipeline”

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    NG Asks Judge to Toss Case Blocking Virtual Pipeline in NY

    NG Advantage wants to build a “virtual pipeline” operation in ultra-liberal Broome County, NY, in a suburb of Binghamton. The location NG picked, after considering up to six locations in the region, was selected because of it’s proximity to major highways, proximity to the Millennium Pipeline, and availability of high-power electric lines. A virtual pipeline is nothing more than a compressor plant (series of compressor plants) that grabs gas from a pipeline, in this case the Millennium, and compresses it and loads it onto special tractor trailers that then deliver the gas to industrial customers like manufacturing plants, hospitals, and even small regional systems servicing homes. The location NG selected, in the Town of Fenton (within spitting distance of Hillcrest and Port Dickinson) was approved by the Town of Fenton after a detailed review. The area they selected is zoned industrial and is, in fact, a former dump site. However, residents from nearby neighborhoods (Hillcrest and Port Dick) were not aware of the project (so they claim) and when construction began to clear the dump site, and residents learned what was going to be built at the site, some of them demanded court action to oppose it. So far we’ve had two court cases asking county-level court (called “Supreme Court” in NY) to stop the project, which it temporarily did (see Court Halts Work on Broome Co. Virtual Pipeline, Residents Sound Off). MDN editor Jim Willis attended a meeting by NG Advantage held for area residents and he has to say the company is bending backward, forward, sideways, upside-down, back flipping–and in general doing anything and everything they can–to prove to residents that a few trucks an hour hauling natural gas is not the horror they have been led to believe it will be. But in an all-too-familiar pattern, the residents’ minds are made up and nothing short of shutting the project down will be acceptable. And so the fight now goes to court. Last week NG responded to the temporary restraining order, asking the judge to toss it out so they can get back to building the facility. If for some reason NG is blocked, the company will be out $23 million…
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    Northern Access Pipeline Court Case Further Threatens NY DEC

    NY DEC is on legal precipice

    A new threat against the New York Dept. of Environmental Conservation’s authority over pipeline projects is coming from yet another federal court. Last month MDN brought you the huge news that the U.S. Court of Appeals for the District of Columbia Circuit dismissed a lawsuit brought by the Millennium Pipeline against the NY DEC for delaying a decision to authorize a 9-mile pipeline Millennium wants to build from their main pipeline to an under-construction natgas-fired electric plant in Orange County, NY, called the Valley Lateral Project. Which may, at first blush, seem like a defeat. It was anything but a defeat. The justices, in their decision, said that the Federal Energy Regulatory Commission (FERC) has the right and responsibility to step back in and issue the water crossing permits themselves, overruling the NY DEC, if FERC so chooses (see DC Court Tells Millennium FERC Can Override NY DEC Pipeline Delay). A second court case in a different federal court, the U.S. Court of Appeals for the 2nd Circuit, is now progressing. That case was brought by National Fuel Gas Company in April against the NY DEC for a similar reason: delay and denial of federal 401 stream crossing permits for NFG’s Northern Access Pipeline project (see NFG Sues NY DEC in Fed Court re Northern Access Pipe Rejection). That case is now advancing and the lawyers for NFG are quoting the decision from the Millennium case as precedent for a ruling by the 2nd Circuit Court that the DEC cannot arbitrarily stop a federally-permitted pipeline project…
    Read More “Northern Access Pipeline Court Case Further Threatens NY DEC”

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    Actor James Cromwell Going to Jail for Blocking NY NatGas Plant

    James Cromwell as Zefram Cochrane in Star Trek

    It looks like Hollywood actor and anti-fossil fuel activist James Cromwell will get to enjoy prison food for a week. For the last couple of years, MDN has reported on a $900 million Marcellus gas-fired electric generating plant coming to Orange County, NY (see Orange County, NY Marcellus-Fired Electric Plant OK’d by Judge). The CPV (Competitive Power Ventures) Valley Energy Center project has been vigorously opposed by local anti-drilling ninny nannies, including Cromwell. Cromwell is a spoiled rich kid from Manhattan who happens to own a home near the plant. He’d prefer to keep Upstate pristine, as his own private playground. Cromwell enlisted some neighbors and six of them got themselves arrested in December 2015 for blocking construction at the site (see Actor James Cromwell Arrested Protesting NY Power Plant Site). No matter. The plant is now under construction, as we reported in March. Construction of the plant is “moving full-steam ahead” and is on track to go online in early 2018. What about Cromwell and the other criminal protesters? The wheels of justice grind slowly. In June of this year, Cromwell and his fellow criminals stood before a judge, after being found guilty for their actions, and were fined $375. The judge told them to pay up by June 29 or go to jail. Cromwell defiantly said he won’t pay, he *wants* to go to jail (see ‘Wayawanda Six’ Convicted of Illegally Blocking NY Power Plant Project). Cromwell is going to get his wish–and get to sample jailhouse cuisine. Three of the “activists,” including Cromwell, have just been ordered by a judge to serve a one week sentence in Orange County Jail for refusing to pay the $375 fine–which is about how much Cromwell pays for a tip at one of his Hollywood power lunches. Cromwell’s lawyer begged and pleaded and got a tw0-week extension. Pay by July 14, or off to the clink…
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