Former Nicor Energy Executives Indicted

By Associated Press


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Three former top executives of an energy marketing company and an attorney were indicted recently on charges of inflating earnings by as much as $6 million two years ago to earn bonuses.

The indictment charged fraud at Nicor Energy, a now-defunct joint venture of Naperville, Ill.-based Nicor Inc. and Houston-based Dynegy Inc. to buy and sell natural gas and electricity. The executives also were charged with civil fraud Wednesday in a separate lawsuit brought by the Securities and Exchange Commission.

``The essence of the fraud was that Nicor Energy cooked the books so the three executives could get bonuses and the lawyer could keep getting legal business,'' U.S. Attorney Patrick J. Fitzgerald said in unveiling the five-count wire fraud indictment.

It was the latest problem for Nicor Inc., which has also been accused of deceiving the Illinois Commerce Commission in promising to buy low-cost gas and split the savings with consumers. It allegedly used gas that it had been storing since the 1950s.

Nicor Energy was a joint venture of Nicor Inc. and Houston-based Dynegy Inc., to buy and sell natural gas and electricity. Nicor Inc., which was not accused of wrongdoing in the indictment, saw its stock tumble roughly 40 percent when it revealed the financial problems at Nicor Energy.

Fitzgerald said the three executives have told federal prosecutors they will plead guilty in the criminal case and are cooperating in the ongoing investigation. He declined to provide details, and the executives' lawyers could not immediately be reached for comment.

The executives are Kevin Stoffer, 45, of Naperville, former president and chief executive officer of Nicor Energy; Andrew Johnson, 43, of Elmhurst, former director of financial services; and John Fringer, 43, of Naperville, who headed the company's electric power business.

Also charged was Michael Munson, 38, of Chicago, the company's attorney. Fitzgerald said he helped to engineer the alleged fraud with an eye to getting more legal business from Nicor Energy and eventually landing a job as its general counsel.

Munson attorney Steven M. Kowal said his client was innocent of any wrongdoing.

``We hope a jury will understand that Mr. Munson is not responsible for the decisions of the company's management,'' Kowal said.

Wire fraud carries a maximum penalty of five years in prison and a $250,000 fine.

While federal prosecutors were unveiling the criminal indictment, the Securities and Exchange Commission was filing a civil lawsuit against the three executives and another one, John F. Weir of Trevor, Wis., former director of gas services and the major markets division.

The SEC said the profit of more than $4 million the company declared for 2001 was bogus and should have been reported as a $7.47 million loss.

``This shows a disturbing pattern of accounting shenanigans,'' said Robert J. Burson, SEC senior associate regional director.

Officials said the three executives were attempting to meet 2001 profit targets that would have triggered a total of $400,000 in bonuses for themselves and others at the company.

``This wasn't generally accepted accounting principles in this case, or the new math,'' said Thomas J. Kneir, head of the FBI's Chicago office. ``This was plain simple fraud.''

Nicor Inc. is a holding company whose major asset is Nicor Gas, which supplies natural gas to 2 million customers throughout the northern third of Illinois outside Chicago. Spokesman Don Ingle said last year the company had before-tax income of $186 million. Nicor Inc. invested about $15 million in Nicor Energy, which had 130,000 customers.

``We discovered the accounting irregularities at Nicor Energy as part of our year-end audit, and we publicly disclosed those findings to the federal authorities and the investment community,'' Ingle said. ``We've cooperated fully throughout the investigation, and we're pleased that this has come to a resolution.''

Shares of Nicor close down 43 cents at $33.38 in trading Wednesday on the New York Stock Exchange, while Dynegy shares dropped 5 cents to $3.99.

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Florida Court Blocks Push to Break Electricity Monopolies

Florida Electricity Deregulation Ruling highlights the Florida Supreme Court decision blocking a ballot measure on retail choice, preserving utility monopolies for NextEra and Duke Energy, while similar deregulation efforts arise in Virginia and Arizona.

 

Key Points

A high court decision removing a retail choice ballot measure, keeping Florida utility monopolies intact for incumbents.

✅ Petition language deemed misleading for 2020 ballot

✅ Preserves NextEra and Duke Energy market dominance

✅ Similar retail choice pushes in VA and AZ

 

Florida’s top court ruled against a proposed constitutional amendment that would have allowed customers to pick their electricity provider, even as Florida solar incentives face rejection by state leaders, threatening monopolies held by utilities such as NextEra Energy Inc. and Duke Energy Corp.

In a ruling Thursday, the court said the petition’s language is “misleading” and doesn’t comply with requirements to be included on the 2020 ballot, reflecting debates over electricity pricing changes at the federal level. The measure’s sponsor, Citizens for Energy Choice, said the move ends the initiative, even as electricity future advocacy continues nationwide.

“While we were confident in our plan to gather the remaining signatures required, we cannot overcome this last obstacle,” the group’s chair, Alex Patton, noting ongoing energy freedom in the South efforts, said in a statement.

The proposed measure was one of several efforts underway to deregulate U.S. electricity markets, including New York’s review of retail energy markets this year. Earlier this week, two Virginia state lawmakers unveiled a bill to allow residents and businesses to pick their electricity provider, threatening Dominion Energy Inc.’s longstanding local monopoly. And in Arizona, where Arizona Public Service Co. has long reigned, regulators are considering a similar move, while in New England Hydro-Quebec’s export bid has been energized by a court decision.

 

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New bill would close loophole that left hundreds of Kentucky miners with cold checks

Kentucky Coal Wage Protection Bill strengthens performance bond enforcement, links Energy and Environment Cabinet and Labor Cabinet notifications, addresses Blackjewel bankruptcy fallout, safeguards unpaid miners, ties mining permits to payroll bonds, penalizes violators via revocations.

 

Key Points

A Kentucky plan to enforce wage bonds and revoke mining permits to protect miners after bankruptcies.

✅ Requires wage bonds for firms under 5 years

✅ Links Energy and Environment Cabinet and Labor Cabinet

✅ Violators face permit revocation in 90 days

 

Following the high-profile bankruptcy of a coal company that left hundreds of Kentucky miners with bad checks last month, Sen. Johnny Ray Turner (D-Prestonsburg) said he will pre-file a bill Thursday aimed at closing a loophole that allowed the company to operate in violation of state law.

The bill would also compel state agencies to determine whether other companies are currently in violation of the law, and could revoke mining permits if the companies don't comply.

Turner's bill would amend an already-existing law that requires coal and construction companies that have been operating in Kentucky for less than five years to post a performance bond to protect wages if the companies cease their operations.

Blackjewel LLC., which employed hundreds of miners in Eastern Kentucky, failed to post that bond. When it shut its mines down and filed for bankruptcy last month, it left hundreds of miners without payment for 3 weeks and one day of work.

The bond issue has sparked criticism from various state officials, including Attorney General Andy Beshear, who said Tuesday that he would investigate whether other companies are currently in violation, similar to an external investigation of utility workers in another jurisdiction.

Blackjewel issued cold checks to its employees June 28, and when the checks bounced days later, many employees were left with bank accounts overdrawn by more than $1,000. The bankruptcy left many miners and their families with concerns over upcoming bill and mortgage payments, and, as unpaid days off at utilities elsewhere show, the strain on workers can be severe, and fostered a ongoing protest that blocked a train hauling coal from one of the company's Harlan County mines.

Blackjewel had been operating in Kentucky for about two years before it filed for bankruptcy, so it should have paid the performance bond, according to state law.

David A. Dickerson, the Kentucky Labor Cabinet Secretary, said the law as it's currently written does not set up any mechanism that notifies the cabinet, or provides comparable public reporting at large utility projects elsewhere, when a company opens in Kentucky that is supposed to pay the bond.

That allowed Blackjewel to operate for two years without any protection for workers before it closed its mines. Had the company posted the bond according to state law, miners likely would have been paid for the work they had already completed, officials said.

The law requires companies to set aside enough money to cover payroll for four weeks.

Turner's bill would compel the state Energy and Environment Cabinet to notify the Labor Cabinet's Department of Workplace Standards of any application for a mining permit from a company that has been doing business in Kentucky for less than five years.

It also compels the EEC to notify the Labor Cabinet of any companies that already have permits that are subject to the bond.

"It should have already been that way, but I'm happy so our children don't have to go through this," said Jeff Willig, a former Blackjewel miner who helped launch the protest at the railroad.

Willig said he and other miners will continue to block the tracks until they receive payment for their past work.

Any company currently operating in violation of the law would have 90 days to become compliant before its mining permits are revoked. New companies that are applying for permits will be required post the bond before permits are issued.

"Hopefully it will take care of the loopholes that had been exploited by Blackjewel," Turner said.

The bill will be taken up by the legislature when it returns to session in January. It would also cover attorneys' fees if workers are forced to sue their employer to cover wages, underscoring broader worker safety concerns during health emergencies.

Turner said he has reached out to Republican leadership in the Senate, and expects the bill to have bipartisan support come January.

Turner announced the legislation at a press conference in Harlan, the county with the highest population of Blackjewel employees affected by the bankruptcy, and as prolonged utility outages after tornadoes have strained other Kentucky communities.

State rep. Angie Hatton (D-Whitesburg) was also in attendance, along with rep. Chris Fugate (R-Chavies) and state Sen. Morgan McGarvey (D-Louisville).

Hatton said the bankruptcy has had serious economic impact throughout Eastern Kentucky, including in Letcher County, which is home to more than 130 former Blackjewel workers.

"This is something that has done a lot of damage to Eastern Kentucky," Hatton said.

Hatton plans to file the same bill in the state House of Representatives.

Fugate commended community members in Harlan County and elsewhere who have banded together in support of the miners by donating children's clothing, school supplies, food and other goods, while other regions have created a coal transition fund to help displaced workers.

Mosley called the bankruptcy "totally unprecedented" and said the current performance bond law, which has been on-the-books since 1986, lacked the enforcement necessary to protect miners in bankruptcies like Blackjewel's, even as a workplace safety fine in another case shows regulatory consequences in other industries.

"There was a law, there wasn't good enough process," Mosley said.

Blackjewel received court approval to sell many of its mines last month, including many in Kentucky, to Kopper Glo Mining, LLC.

As part of the sale agreement, Kopper Glo said it would pay $450,000 to cover the past wages of Blackjewel miners, and collect a per ton fee accumulating up to $550,000 that it will also contribute to pay back wages.

That total $1 million is less than half of all back wages owed to Blackjewel miners, but attorneys who filed a class action suit against the company said miners have a priority lien on the purchase price. That could allow former Blackjewel employees to make good on their back wages as bankruptcy proceedings continue.

Mosley said he spoke with a Kopper Glo official Thursday, who said the company is working to re-open the mines as quickly as possible. The official did not give an exact timeline.

 

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Rolls-Royce expecting UK approval for mini nuclear reactor by mid-2024

Rolls-Royce SMR UK Approval underscores nuclear innovation as regulators review a 470 MW factory-built modular reactor, aiming for grid power by 2029 to boost energy security, cut fossil fuels, and accelerate decarbonization.

 

Key Points

UK regulatory clearance for Rolls-Royce's 470 MW modular reactor, targeting grid power by 2029 to support clean energy.

✅ UK design approval expected by mid 2024

✅ First 470 MW unit aims for grid power by 2029

✅ Modular, factory-built; est. £1.8b per 10-acre site

 

A Rolls-Royce (RR.L) design for a small modular nuclear reactor (SMR) will likely receive UK regulatory approval by mid-2024, reflecting progress seen in the US NRC safety evaluation for NuScale as a regulatory benchmark, and be able to produce grid power by 2029, Paul Stein, chairman of Rolls-Royce Small Modular Reactors.

The British government asked its nuclear regulator to start the approval process in March, in line with the UK's green industrial revolution agenda, having backed Rolls-Royce’s $546 million funding round in November to develop the country’s first SMR reactor.

Policymakers hope SMRs will help cut dependence on fossil fuels and lower carbon emissions, as projects like Ontario's first SMR move ahead in Canada, showing momentum.

Speaking to Reuters in an interview conducted virtually, Stein said the regulatory “process has been kicked off, amid broader moves such as a Canadian SMR initiative to coordinate development, and will likely be complete in the middle of 2024.

“We are trying to work with the UK Government, and others to get going now placing orders, echoing expansions like Darlington SMR plans in Ontario, so we can get power on grid by 2029.”

In the meantime, Rolls-Royce will start manufacturing parts of the design that are most unlikely to change, while advancing partnerships like a MoU with Exelon to support deployment, Stein added.

Each 470 megawatt (MW) SMR unit costs 1.8 billion pounds ($2.34 billion) and would be built on a 10-acre site, the size of around 10 football fields, though projects in New Brunswick SMR debate have prompted questions about costs and timelines.

Unlike traditional reactors, SMRs are cheaper and quicker to build and can also be deployed on ships and aircraft. Their “modular” format means they can be shipped by container from the factory and installed relatively quickly on any proposed site.

 

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Renewable energy now cheapest option for new electricity in most of the world: Report

Renewable Energy Cost Trends highlight IRENA data showing solar and wind undercut coal, as utility-scale projects drive lower levelized electricity costs worldwide, with the Middle East and UAE advancing mega solar parks.

 

Key Points

They track how solar and wind undercut new fossil fuels as utility-scale costs drop and investment accelerates.

✅ IRENA reports renewables cheapest for new installations

✅ Solar and wind LCOE fell sharply since 2010

✅ Middle East and UAE scale mega utility projects

 

Renewable energy is now the cheapest option for new electricity installation in most of the world, a report from the International Renewable Energy Agency (IRENA) on Tuesday said.

Renewable power projects have undercut traditional coal fuel plants, with solar and wind power costs in particular falling as record-breaking growth continues worldwide.

“Installing new renewables increasingly costs less than the cheapest fossil fuels. With or without the health and economic crisis, dirty coal plants were overdue to be consigned to the past, said Francesco La Camera, director-general of IRENA said in the report.

In 2019, renewables accounted for around 72 percent of all new capacity added worldwide, IRENA said, following a 2016 record year that highlighted the momentum, with lowering costs and technological improvements in solar and wind power helping this dynamic. For solar energy, IRENA notes that the cost for electricity from utility-scale plants fell by 82 percent in the decade between 2010 and 2019, as China's solar PV growth underscored in 2016.

“More than half of the renewable capacity added in 2019 achieved lower electricity costs than new coal, while new solar and wind projects are also undercutting the cheapest and least sustainable of existing coal-fired plants,” Camera added.

Costs for solar and wind power also fell year-on-year by 13 and 9 percent, respectively, with offshore wind costs showing steep declines as well. In 2019, more than half of all newly commissioned utility-scale renewable power plants provided electricity cheaper than the lowest cost of a new fossil fuel plant.

The Middle East

In mid-May, a report by UK-based law firm Ashurst suggested the Middle East is the second most popular region for renewable energy investment after North America, at a time when clean energy investment is outpacing fossil fuels.

The region is home to some of the largest renewable energy bets in the world, with Saudi wind expansion gathering pace. The UAE, for instance, is currently developing the Mohammed Bin Rashid Solar Park, the world’s largest concentrated solar power project in the world.

Around 26 percent of Middle East respondents in Ashurst’s survey said that they were presently investing in energy transition, marking the region as the most popular for current investment in renewables, while 11 percent added that they were considering investing.

In North America, the most popular region, 28 percent said that they were currently investing, with 11 percent stating they are considering investing.

 

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US Automakers Will Build 30,000 Electric Vehicle Chargers

Automaker EV Fast-Charging Network will deploy 30,000 DC fast chargers across US and Canada, supporting CCS and NACS, integrating Tesla compatibility, easing range anxiety, and expanding highway and urban charging infrastructure with amenities and uptime.

 

Key Points

A $1B joint venture by seven automakers to build 30,000 DC fast chargers with CCS and NACS across the US and Canada.

✅ 30,000 DC fast chargers by 2030 across US and Canada

✅ Supports CCS and NACS; Tesla compatibility planned

✅ Launching mid-2024; focus on highways, urban hubs, amenities

 

Seven major automakers announced a plan on Wednesday to nearly double the number of fast chargers in the United States in an effort to address one of the main reasons that people hesitate to buy electric cars, even as the age of electric cars accelerates.

The carmakers — BMW Group, General Motors, Honda, Hyundai, Kia, Mercedes-Benz Group and Stellantis — will initially invest at least $1 billion in a joint venture that will build 30,000 charging ports on major highways and other locations in the United States and Canada.

The United States and Canada have about 36,000 fast chargers — those that can replenish a drained battery in 30 minutes or less. In some sparsely populated areas, such chargers can be hundreds of miles apart. Surveys show that fear about not being able to find a charger during longer journeys is a major reason that some car buyers are reluctant to buy electric vehicles.

Sales of electric vehicles have risen quickly in the United States as the market hits an inflection point, but there are signs that demand is softening. As a result, Tesla, Ford and other carmakers have cut prices in recent months and are offering incentives. Popular models that had long waiting lists last year are now available in a few days or weeks.

Major carmakers are investing billions of dollars to manufacture electric vehicles and batteries and to establish supplier networks. Having staked their futures on the technology, they have a strong incentive to ensure that electric vehicles catch on with car buyers, even as gas-electric hybrids help bridge the transition.

The chargers installed by the joint venture will have plugs designed for the connections used by most carmakers other than Tesla, as well as the standard developed by Tesla, amid fights for control over charging, that Ford, G.M. and other companies have said they intend to switch to in 2025.

“The better experience people have, the faster E.V. adoption will grow,” Mary T. Barra, the chief executive of General Motors, said in a statement.

The seven automakers plan to formalize the joint venture and announce its name by the end of the year, Chris Martin, a Honda spokesman, said. The first chargers will begin operating around the middle of 2024, he said, with all 30,000 in place by the end of the decade.

The joint venture is open to adding other partners, he said. Among major automakers, Ford was a notable absence from the announcement on Wednesday. The company said in a statement on Wednesday that it would continue to iThe partnership also does not include Volkswagen. The company is a majority shareholder of Electrify America, one of the largest fast-charging providers.

Tesla accounts for more than half the fast chargers in the United States and has said it will open its networks to other car brands, though, so far, it has only made fewer than 100 ports available. Owners of Ford and G.M. vehicles, among others, will be able to connect to 12,000 Tesla fast chargers using an adapter beginning next year. In 2025, Ford and G.M. plan to make models designed to take the Tesla plug without an adapter.

The decision by the seven carmakers to form the joint venture is an indication that they do not intend to rely solely on Tesla, which dominates sales of electric vehicles, for charging.

The chargers being built by the joint venture will be concentrated in urban areas and along major highways, especially those used most heavily by vacationers and other travelers, the companies said in a joint statement. Charging stations will be close to restrooms, restaurants and other amenities. The partners said they would try to take advantage of federal and state funds available for charging infrastructure amid questions about whether the U.S. has the power to charge it at scale.

Most electric vehicle owners charge at home and rarely need to use public chargers. Home chargers typically replenish batteries overnight. Most public chargers, about 125,000 in the United States and Canada, also operate relatively slowly — taking four to 10 hours to do the job.nvest in its own network, which allows Ford owners to charge from a variety of providers with one mobile phone app.

 

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Zero-emission electricity in Canada by 2035 is practical and profitable

Canada 100% Renewable Power by 2035 envisions a decentralized grid built on wind, solar, energy storage, and efficiency, delivering zero-emission, resilient, low-cost electricity while phasing out nuclear and gas to meet net-zero targets.

 

Key Points

Zero-emission, decentralized grid using wind, solar, and storage, plus efficiency, to retire fossil and nuclear by 2035.

✅ Scale wind and solar 18x with storage for reliability.

✅ Phase out nuclear and gas; no CCS or offsets needed.

✅ Modernize grids and codes; boost efficiency, jobs, and affordability.

 

A powerful derecho that left nearly a million people without power in Ontario and Quebec on May 21 was a reminder of the critical importance of electricity in our daily lives.

Canada’s electrical infrastructure could be more resilient to such events, while being carbon-emission free and provide low-cost electricity with a decentralized grid powered by 100 per cent renewable energy, according to a new study from the David Suzuki Foundation (DSF), a vision of an electric, connected and clean future if the country chooses.

This could be accomplished by 2035 by building a lot more solar and wind, despite indications that demand for solar electricity has lagged in Canada, adding energy storage, while increasing the energy efficiency in buildings, and modernizing provincial energy grids. As this happens, nuclear energy and gas power would be phased out. There would also be no need for carbon capture and storage nor carbon offsets, the modeling study concluded.

“Solar and wind are the cheapest sources of electricity generation in history,” said study co-author Stephen Thomas, a mechanical engineer and climate solutions policy analyst at the DSF.

“There are no technical barriers to reaching 100 per cent zero-emission electricity by 2035 nationwide,” Thomas told The Weather Network (TWN). However, there are considerable institutional and political barriers to be overcome, he said.

Other countries face similar barriers and many have found ways to reduce their emissions; for example, the U.S. grid's slow path to 100% renewables illustrates these challenges. There are enormous benefits including improved air quality and health, up to 75,000 new jobs annually, and lower electricity costs. Carbon emissions would be reduced by 200 million tons a year by 2050, just over one quarter of the reductions needed for Canada to meet its overall net zero target, the study stated.

Building a net-zero carbon electricity system by 2035 is a key part of Canada’s 2030 Emissions Reduction Plan. Currently over 80 per cent of the nation’s electricity comes from non-carbon sources including a 15 per cent contribution from nuclear, with solar capacity nearing a 5 GW milestone nationally. How the final 20 per cent will be emission-free is currently under discussion.

The Shifting Power study envisions an 18-fold increase in wind and solar energy, with the Prairie provinces expected to lead growth, along with a big increase in Canada’s electrical generation capacity to bridge the 20 per cent gap as well as replacing existing nuclear power.

The report does not see a future role for nuclear power due to the high costs of refurbishing existing plants, including the challenges with disposal of radioactive wastes and decommissioning plants at their end of life. As for the oft-proposed small modular nuclear reactors, their costs will likely “be much more costly than renewables,” according to the report.

There are no technical barriers to building a bigger, cleaner, and smarter electricity system, agrees Caroline Lee, co-author of the Canadian Climate Institute’s study on net-zero electricity, “The Big Switch” released in May. However, as Lee previously told TWN, there are substantial institutional and political barriers.

In many respects, the Shifting Power study is similar to Lee’s study except it phases out nuclear power, forecasts a reduction in hydro power generation, and does not require any carbon capture and storage, she told TWN. Those are replaced with a lot more wind generation and more storage capacity.

“There are strengths and weaknesses to both approaches. We can do either but need a wide debate on what kind of electricity system we want,” Lee said.

That debate has to happen immediately because there is an enormous amount of work to do. When it comes to energy infrastructure, nearly everything “we put in the ground has to be wind, solar, or storage” to meet the 2035 deadline, she said.

There is no path to net zero by 2050 without a zero-emissions electricity system well before that date. Here are some of the necessary steps the report provided:

Create a range of skills training programs for renewable energy construction and installation as well as building retrofits.

Prioritize energy efficiency and conservation across all sectors through regulations such as building codes.

Ensure communities and individuals are fully informed and can decide if they wish to benefit from hosting energy generation infrastructure.

Create a national energy poverty strategy to ensure affordable access.

Strong and clear federal and provincial rules for utilities that mandate zero-emission electricity by 2035.

For Indigenous communities, make sure ownership opportunities are available along with decision-making power.

Canada should move as fast as possible to 100 per cent renewable energy to gain the benefits of lower energy costs, less pollution, and reduced carbon emissions, says Stanford University engineer and energy expert Mark Jacobson.

“Canada has so many clean, renewable energy resources that it is one of the easier countries [that can] transition away from fossil fuels,” Jacobson told TWN.

For the past decade, Jacobson has been producing studies and technical reports on 100 per cent renewable energy, including a new one for Canada, even as Canada is often seen as a solar power laggard today. The Stanford report, A Solution to Global Warming, Air Pollution, and Energy Insecurity for Canada, says a 100 per cent transition by 2035 timeline is ideal. Where it differs from DSF’s Shifting Power report is that it envisions offshore wind and rooftop solar panels which the latter did not.

“Our report is very conservative. Much more is possible,” agrees Thomas.

“We’re lagging behind. Canadians really want to get going on building solutions and getting the benefits of a zero emissions electricity system.”

 

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