FERC issues 2010 enforcement report

By By Kenneth W. Irvin, Mustafa Ostrander and Elizabeth P. Philpott, McDermott Will & Emery, LLP


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Just recently, the Federal Energy Regulatory Commission FERC Office of Enforcement issued the 2010 Report on Enforcement. The annual report provides an overview of enforcement activities during the fiscal year 2010 FY2010 and statistics on the activities of the three divisions within the Office of Enforcement: Investigations, Audits and Energy Market Oversight.

The report provides an interesting and important window into otherwise non-public enforcement activities. It also identifies the priorities for 2011.

The report first notes FERCÂ’s efforts in FY2010 to further its goal of transparency with the issuance of the guidelines for calculating penalties, the order regarding notices of alleged violations and the announcement of the policy to disclose exculpatory materials to persons and entities under investigation.

One key element is the report describes all the self-reports and investigations over the past year. Enforcement staff received 93 self-reports in FY2010, down from 122 in FY2009. They closed 54 self-reports after an initial review, while 39 self-reports are pending initial review. Staff received self-reports from a variety of market participants, though they received an increasing number of self-reports from regional transmission organizations RTOs and independent system operators ISOs in FY2010.

Enforcement staff expects to see an upward trend in self-reports, especially due to the credit for self-reporting under recently issued penalty guidelines. The largest category of self-reports was for Tariff or Open Access Tariff violations. Self-reports of open access violations decreased, however, because natural gas companies have increased compliance efforts to prevent capacity release violations.

The report also provides some insight into the reasons why enforcement staff decides not to pursue enforcement action for certain self-reports, including these factors:

• Prohibited transactions were not actually executed

• No harm to the market or to any parties

• Violation was isolated, inadvertent or unlikely to reoccur

• Company took remedial action or instituted remedial measures to ensure future compliance action

• Company submitted a prompt self-report

• Company already paid penalties

• No indication of fraudulent behavior by the company, past wrongdoing or senior management involvement

• Compliance program provided adequate training regarding subject matter of violation.

Enforcement staff opened more non-self-reported investigations in FY2010 15 than FY2009 10. Most of the investigations addressed tariff violations, but the suspected violations also involved market manipulation, market-based rate violations and reliability standards violations. The potential misconduct was referred to staff by a variety of sources, including RTO and ISO market-monitoring units, other divisions within the Office of Enforcement, other offices within FERC and a call to the Office of Enforcement Hotline.

One closed investigation of note involved an inquiry by staff into whether certain entities trading natural gas futures contracts on NYMEX manipulated the settlement price through their trading during the 30-minute final settlement period. That shows FERC continues to see its anti-manipulation jurisdiction extend to activities outside of the physical electricity and natural gas markets, which activities affect those markets.

Enforcement staff, however, closed fewer investigations in FY2010 16 than FY2009 36. Similarly, staff concluded fewer investigations in FY2010 through settlement. Yet, it is noted that more investigations resulted in enforcement staff finding a violation and not assessing sanctions.

The report provides illustrations of investigations that were closed in which enforcement staff found a violation, but did not take any enforcement action. Staff explained it took into account the following considerations when deciding not to pursue enforcement action:

• Violations were inadvertent and infrequent

• Substantial compliance by the company

• No unjust profits retained by the company

• Company increased and improved training procedures

• Company modified compliance protocols.

Six investigations were resolved by way of an enforcement settlement in FY2010 compared to 22 in FY2009. According to the report, settlements decreased this year due to an increased focus on reliability and market manipulation cases. Half of the six settlement agreements involved violations of natural gas pipeline open access transportation requirements.

For 2011, the Office of Enforcement intends to maintain its focus on matters involving fraud and market manipulation, serious violations of reliability standards, anticompetitive conduct and conduct that threatens the transparency of regulated markets.

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$453M Manitoba Hydro line to Minnesota could face delay after energy board recommendation

Manitoba-Minnesota Transmission Project faces NEB certificate review, with public hearings, Indigenous consultation, and cross-border approval weighing permit vs certificate timelines, potential land expropriation, and Hydro's 2020 in-service date for the 308-MW intertie.

 

Key Points

A cross-border hydro line linking Manitoba and Minnesota, now under NEB review through a permit or certificate process.

✅ NEB recommends certificate with public hearings and cabinet approval

✅ Stakeholders cite land, health, and economic impacts along route

✅ Hydro targets May-June 2020 in-service despite review

 

A recommendation from the National Energy Board could push back the construction start date of a $453-million hydroelectric transmission line from Manitoba to Minnesota.

In a letter to federal Natural Resources Minister Jim Carr, the regulatory agency recommends using a "certificate" approval process, which could take more time than the simpler "permit" process Manitoba Hydro favours.

The certificate process involves public hearings, reflecting First Nations intervention seen in other power-line debates, to weigh the merits of the project, which would then go to the federal cabinet for approval.

The NEB says this process would allow for more procedural flexibility and "address Aboriginal concerns that may arise in the circumstances of this process."

The Manitoba-Minnesota Transmission Project would provide the final link in a chain that brings hydroelectricity from generating stations in northern Manitoba, through the Bipole III transmission line and, like the New England Clean Power Link project, across the U.S. border as part of a 308-megawatt deal with the Green Bay-based Wisconsin Public Service.

When Hydro filed its application in December 2016, it had expected to have approval by the end of August 2017 and to begin construction on the line in mid-December, in order to have the line in operation by May or June 2020.  

Groups representing stakeholders along the proposed route of the transmission line had mixed reactions to the energy board's recommendation.

A lawyer representing a coalition of more than 120 landowners in the Rural Municipality of Taché and around La Broquerie, Man., welcomed the opportunity to have a more "fulsome" discussion about the project.

"I think it's a positive step. As people become more familiar with the project, the deficiencies with it become more obvious," said Kevin Toyne, who represents the Southeast Stakeholders Coalition.

Toyne said some coalition members are worried that Hydro will forcibly expropriate land in order to build the line, while others are worried about potential economic and health impacts of having the line so close to their homes. They have proposed moving the line farther east.

When the Clean Environment Commission — an arm's-length provincial government agency — held public hearings on the proposed route earlier this year, the coalition brought their concerns forward, echoing Site C opposition voiced by northerners, but Toyne says both the commission and Hydro ignored them.

Hydro still aiming for 2020 in-service date

The Manitoba Métis Federation also participated in those public hearings. MMF president David Chartrand worries about the impact a possible delay, as seen with the Site C work halt tied to treaty rights, could have on revenue from sales of hydroelectric power to the U.S.

"I know that a lot of money, billions have been invested on this line. And if the connection line is not done, then of course this will be sitting here, not gaining any revenue, which will affect every Métis in this province, given our Hydro bill's going to go up," Chartrand said.The NEB letter to Minister Carr requests that he "determine this matter in an expedited manner."

Manitoba Hydro spokesperson Bruce Owen said in an email that the Crown corporation will participate in whatever process, permit or certificate, the NEB takes.

"Manitoba Hydro does not have any information at this point in time that would change the estimated in-service date (May-June 2020) for the Manitoba-Minnesota Transmission Project," he said.

The federal government "is currently reviewing the NEB's recommendation to designate the project as subject to a certificate, which would result in public hearings," said Alexandre Deslongchamps, a spokesperson for Carr.

"Under the National Energy Board Act, an international power line requires either the approval by the NEB through a permit or approval by the Government of Canada by a certificate. Both must be issued by the NEB," he wrote in an email to CBC News.

By law, the certificate process is not to take longer than 15 months.

 

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Beating Covid Is All About Electricity

Hospital Electricity Reliability underpins ICU operations, ventilators, medical devices, and diagnostics, reducing power outages risks via grid power and backup generators, while energy poverty and blackouts magnify COVID-19 mortality in vulnerable regions.

 

Key Points

Hospital electricity reliability is steady power that keeps ICU care, ventilators and medical devices operating.

✅ ICU loads: ventilators, monitors, infusion pumps, diagnostics

✅ Grid power plus backup generators minimize outage risk

✅ Energy poverty increases COVID-19 mortality and infection

 

Robert Bryce, Contributor

During her three-year career as a registered nurse, my friend, C., has cared for tuberculosis patients as well as ones with severe respiratory problems. She’s now caring for COVID-19 patients at a hospital in Ventura County, California, where debates about keeping the lights on continue amid the state’s energy transition. Is she scared about catching the virus? “No,” she replied during a phone call on Thursday. “I’m pretty unflappable.”

What would scare her? She quickly replied, “a power outage,” a threat that grows during summer blackouts when heat waves drive demand. About a year ago, while working in Oregon, the hospital she was working in lost power for about 45 minutes. “It was terrifying,” she said. 

C., who wasn’t authorized by her hospital to talk to the media, and thus asked me to only use the initial of her first name, said that COVID-19 patients are particularly reliant on electrical devices. She quickly ticked off the machines: “The bed, the IV machine, vital signs monitor, heart monitor, the sequential compression devices...” COVID-19 patients are hooked up to a minimum of five electrical devices, she said, and if the virus-stricken patient needs high-pressure oxygen or a ventilator, the number of electrical devices could be two or three times that number. “You name it, it plugs in,” she said.  

Today In: Energy

The virus has infected some 2.2 million people around the world and killed more than 150,000,including more than 32,000 people here in the U.S. While those numbers are frightening, it is apparent that the toll would be far higher without adequate supplies of reliable electricity. Modern healthcare systems depend on electricity. Hospitals are particularly big consumers. Power demand in hospitals is about 36 watts per square meter, which is about six times higher than the electricity load in a typical American home, and utilities are turning to AI to adapt to electricity demands during surges. 

Beating the coronavirus is all about electricity. Indeed, nearly every aspect of coronavirus detection, testing, and treatment requires juice. Second, it appears that the virus is more deadly in places where electricity is scarce or unreliable. Finally, if there are power outages in virus hotspots or hospitals, a real risk in a grid with more blackouts than other developed countries, the damage will be even more severe. 

As my nurse friend in Ventura County made clear, her ability to provide high-quality care for patients is wholly dependent on reliable electricity. The thermometers used to check for fever are powered by electricity. The monitors she uses to keep track of her patients, as well as her Vocera, the walkie-talkie that she uses to communicate with her colleagues, runs on batteries. Testing for the virus requires electricity. One virus-testing machine, Abbott Labs’ m2000, is a 655-pound appliance that, according to its specification sheet, runs on either 120 or 240 volts of electricity. The operating manual for a ventilator made by Hamilton Medical is chock full of instructions relating to electricity, including how to manage the machine’s batteries and alarms. 

While it may be too soon to make a direct connection between lack of electricity and the lethality of the coronavirus, the early signs from the Navajo reservation indicate that energy poverty amplifies the danger. The sprawling reservation has about 175,000 residents, but it has a higher death toll from the virus than 13 states. About 10 percent of Navajos do not have electricity in their homes and more than 30 percent lack indoor plumbing. 

The death rate from the virus on the reservation now stands at 3.4 percent, which is nearly twice the global average. In the middle of last week, the entire population of Native American tribes in the U.S. accounted for about 1,100 confirmed cases of the virus and about 44 deaths. Navajos accounted for the majority of those, with 830 confirmed cases of coronavirus and 28 deaths. 

On Saturday night, the Navajo Times reported a major increase, with 1,197 positive cases of COVID-19 on the reservation and 44 deaths. Other factors may contribute to the high infection and mortality rates on the reservation, including  high rates of diabetes, obesity, and crowded residential living situations. That said, electricity and water are essential to good hygiene and health authorities say that frequent hand washing helps cut the risk of contracting the virus. 

The devastation happening on Navajoland provides a window into what may happen in crowded, electricity-poor countries like India, Pakistan, and Bangladesh. It also shows what could happen if a tornado or hurricane were to wipe out the electric grid in virus hotspots like New Orleans, as extreme weather increasingly afflicts the grid nationwide. Sure, most American hospitals have backup generators to help assure reliable power. But those generators can fail. Further, they usually burn diesel fuel which needs to be replenished every few days. 

The essential point here is that our hospitals and critical health care machines aren’t running on solar panels and batteries. Instead, they are running on grid power that’s being provided by reliable sources — coal, natural gas, hydro, and nuclear power — which together produce about 89 percent of the electricity consumed in this country, even as Russian hacking of utilities highlights cyber risks. The pandemic — which is inflicting trillions of dollars of damage on our economy and tens of thousands of deaths — underscores the criticality of abundant and reliable electricity to our society and the tremendous damage that would occur if our health care infrastructure were to be hit by extended blackouts during the fight to stop COVID-19.

In a follow-up interview on Saturday with my friend, C., she told me that while caring for patients, she and her colleagues “are entirely dependent on electricity. We take it for granted. It’s a hidden assumption in our work,” a reminder echoed by a grid report card that warns of dangerous vulnerabilities. She quickly added she and her fellow nurses “aren’t trained or equipped to deal with circumstances that would come with shoddy power. If we lost power completely, people will die.”

 

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NL Consumer Advocate says 18% electricity rate hike 'unacceptable'

Newfoundland and Labrador electricity rate hike examines a proposed 18.6% increase under the PUB's Rate Stabilization Plan, driven by oil prices at Holyrood, with Consumer Advocate concerns over rate shock and use of RSP balances.

 

Key Points

A proposed 18.6% July 2017 increase under the RSP, driven by oil prices, now under PUB review for potential mitigation.

✅ PUB flags potential rate shock from proposed adjustment

✅ RSP balances cited to offset increases without depleting fund

✅ Oil-fired Holyrood volatility drives fuel cost uncertainty

 

How much of a rate hike is reasonable for users of electricity in Newfoundland and Labrador?

That's a question before the Public Utilities Board (PUB) as it examines an application by Newfoundland and Labrador Hydro, which could see consumers pay up to 18.6 per cent more as of July 1, reflecting regional pressures seen in Nova Scotia, where regulators approved a 14% rate hike earlier this year.

"The estimated rate increase for July 2017 is such a significant increase that it may be argued that it would cause rate shock," said the PUB, asking the company to revise its application.

NL Hydro said the price adjustment is part of what happens every year through the Rate Stabilization Plan (RSP), which is used to offset the ups and downs of oil prices.

"The cost of fuel is volatile and as long as we rely on oil-fired generation at Holyrood, customers will continue to be impacted by this electricity price uncertainty," said the company in a statement to CBC News.

It noted that customers received a break from RSP adjustments in 2015 and 2016, even as costs from the Muskrat Falls project begin to be reflected.

The PUB noted that under the rate stabilization plan, prices have gone up or down by about 10 per cent in the past.

The regulatory board said the impact of the latest request would be a 27.6 per cent hike to Newfoundland Power, with "an estimated average end customer impact of 18.6 per cent."

Hydro's estimates are based on an average price for oil of $81.40 per barrel from July 2017 to June 2018, according to the PUB.

 

'Unacceptable' burden: Consumer Advocate

"To burden ratepayers with an 18 per cent rate increase is unacceptable," said Consumer Advocate Dennis Browne, echoing pushback in Nova Scotia, where the premier urged regulators to reject a 14% hike at the time.

Browne is arguing that there is money in the RSP to reduce the proposed increase, including the possibility of a lump-sum bill credit for customers.

"These ratepayer balances — which, according to NL Power, totals $77.4 million — are not the property of Hydro," he wrote in a letter to the PUB.

"No utility has the right to squirrel away ratepayers' money to be used by that utility for some future purpose. The Board has jurisdiction over those balances," Browne said.

Browne also wants the RSP overhauled so that it can be applied to price fluctuations every quarter, as opposed to annually.

Hydro has expressed concern that depleting the rate stabilization fund would lead to other, more significant, rate increases in the future.

It said several alternatives to mitigate high rates have been provided to the PUB, which has final say, similar to how Manitoba Hydro scaled back a planned increase in the next year.

 

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'Pakistan benefits from nuclear technology'

Pakistan Nuclear Energy advances clean power with IAEA guidance, supporting SDGs via electricity generation, nuclear security, and applications in healthcare, agriculture, and COVID-19 testing, as new 1,100 MW reactors near grid connection.

 

Key Points

Pakistan Nuclear Energy is the nation's atomic program delivering clean electricity, SDGs gains, and IAEA-guided safety.

✅ Two 1,100 MW reactors nearing grid connection

✅ IAEA-aligned safety and nuclear security regime

✅ Nuclear tech supports healthcare, agriculture, COVID-19 tests

 

Pakistan is utilising its nuclear technology to achieve its full potential by generating electricity, aligning with China's steady nuclear development trends, and attaining socio-economic development goals outlined by the United Nations Sustainable Development Goals.

This was stated by Pakistan Atomic Energy Commission (PAEC) Chairperson Muhammad Naeem on Tuesday while addressing the 64th International Atomic Energy Agency (IAEA) General Conference (GC) which is being held in Vienna from September 21, a forum taking place amid regional milestones like the UAE's first Arab nuclear plant startup as well.

Regarding nuclear security, the PAEC chief stated that Pakistan considered it as a national responsibility and that it has developed a comprehensive and stringent safety and security regime, echoing IAEA praise for China's nuclear security in the region, which is regularly reviewed and upgraded in accordance with IAEA's guidelines.

Many delegates are attending the event through video link due to the novel coronavirus (Covid-19) pandemic.

On the first day of the conference, IAEA Director General Rafael Mariano Grossi highlighted the role of the nuclear watchdog in the monitoring and verification of nuclear activities across the globe, as seen in Barakah Unit 1 at 100% power milestones reported worldwide.

He also talked about the various steps taken by the IAEA to help member states contain the spread of coronavirus such as providing testing kits etc.

In a recorded video statement, the PAEC chairperson said that Pakistan has a mutually beneficial relationship with IAEA, similar to IAEA assistance to Bangladesh on nuclear power development efforts. He also congratulated Ambassador Azzeddine Farhane on his election to become the President of the 64th GC and assured him of Pakistan's full support and cooperation.

Naeem stated that as a clean, affordable and reliable source, nuclear energy can play a key role, with India's nuclear program moving back on track, in fighting climate change and achieving the Sustainable Development Goals (SDGs).

The PAEC chief informed the audience that two 1,100-megawatt (MW) nuclear power plants are near completion and, like the UAE grid connection milestone, are expected to be connected to the national grid next year.

He also highlighted the role of PAEC in generating electricity through nuclear power plants, while also helping the country achieve the socio-economic development goals outlined under the United Nations SDGs through the application of nuclear technology in diverse fields like agriculture, healthcare, engineering and manufacturing, human resource development and other sectors.

 

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TransAlta Poised to Finalize Alberta Data Centre Agreement in 2025 

TransAlta Alberta Data Centre integrates AI, cloud computing, and renewable energy, tackling electricity demand, grid capacity, decarbonization, and energy storage with clean power, cooling efficiency, and PPA-backed supply for hyperscale workloads.

 

Key Points

TransAlta Alberta Data Centre is a planned AI facility powered mostly by renewables to meet high electricity demand.

✅ Targets partner exclusivity mid-year; ops 18-24 months post-contract.

✅ Supplies ~90% power via TransAlta; balance from market.

✅ Anchors $3.5B clean energy growth and storage in Alberta.

 

TransAlta Corp., one of Alberta’s leading power producers, is moving toward finalizing agreements with partners to establish a data centre in the province, aligned with AI data center grid integration efforts nationally, aiming to have definitive contracts signed before the end of the year.

CEO John Kousinioris stated during an analyst conference that the company seeks to secure exclusivity with key partners by mid-year, with detailed design plans and final agreements expected by late 2025. Once the contracts are signed, the data centre is anticipated to be operational within 18 to 24 months, a horizon mirrored by Medicine Hat AI grid upgrades initiatives that aim to modernize local systems.

Data centres, which are critical for high-tech industries such as artificial intelligence, consume large amounts of electricity to run and cool servers, a trend reflected in U.S. utility power challenges reporting, underscoring the scale of energy demand. In this context, TransAlta plans to supply around 90% of its partner's energy needs for the facility, with the remainder coming from the broader electricity market.

Alberta has identified data centres as a strategic priority, aiming to see $100 billion in AI-related data centre construction over the next five years. However, the rapid growth of this sector presents challenges for the region’s energy infrastructure. Electricity demand from data centres has already outpaced the available capacity in Alberta’s power grid, intensifying discussions about a western Canadian electricity grid to improve regional reliability, potentially impacting the province’s decarbonization goals.

To address these challenges, TransAlta has adopted a renewable energy investment strategy. The company announced a $3.5 billion growth plan focused primarily on clean electricity generation and storage, as British Columbia's clean energy shift advances across the region, through 2028. By then, more than two-thirds of TransAlta’s earnings are expected to come from renewable power generation, supporting progress toward a net-zero electricity grid by 2050 nationally.

The collaboration between TransAlta and data centre developers represents an opportunity to balance growing energy demand with sustainability goals. By integrating renewable energy generation into data centre operations and broader macrogrid investments, Alberta could move toward a cleaner and more resilient energy future.

 

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Ukraine resumes electricity exports despite Russian attacks

Ukraine Electricity Exports resume to the European grid, starting with Moldova and expanding to Poland, Slovakia, and Romania, signaling energy security, grid resilience, added megawatts, and recovery after Russian strikes with support and renewables.

 

Key Points

Ukraine Electricity Exports are resumed sales of surplus power to EU neighbors, reflecting grid recovery and resilience.

✅ Initial deliveries to Moldova; Poland, Slovakia, Romania to follow.

✅ Extra capacity from repairs, warmer demand, and renewables.

✅ Exports may vary amid ongoing Russian strikes risk.

 

Ukraine began resuming electricity exports to European countries on Tuesday, its energy minister said, a dramatic turnaround from six months ago when fierce Russian bombardment of power stations plunged much of the country into darkness in a bid to demoralize the population.

The announcement by Energy Minister Herman Halushchenko that Ukraine was not only meeting domestic consumption demands but also ready to restart exports to its neighbors was a clear message that Moscow’s attempt to weaken Ukraine by targeting its infrastructure did not work.

Ukraine’s domestic energy demand is “100%” supplied, he told The Associated Press in an interview, and it has reserves to export due to the “titanic work” of its engineers and international partners.

Russia ramped up infrastructure attacks in September, when waves of missiles and exploding drones destroyed about half of Ukraine’s energy system. Power cuts were common across the country as temperatures dropped below freezing and tens of millions struggled to keep warm.

Moscow said the strikes were aimed at weakening Ukraine’s ability to defend itself, and has also moved to reactivate the Zaporizhzhia plant through new power lines, while Western officials said the blackouts that caused civilians to suffer amounted to war crimes. Ukrainians said the timing was designed to destroy their morale as the war marked its first anniversary.

Ukraine had to stop exporting electricity in October to meet domestic needs.

Engineers worked around the clock, often risking their lives to come into work at power plants and keep the electricity flowing. Kyiv’s allies also provided help. In December, U.S. Secretary of State Antony Blinken announced $53 million in bilateral aid to help the country acquire electricity grid equipment, and USAID mobile gas turbine plant support, on top of $55 million for energy sector support.

Much more work remains to be done, Halushchenko said. Ukraine needs funding to repair damaged generation and transmission lines, and revenue from electricity exports would be one way to do that.

The first country to receive Ukraine’s energy exports will be Moldova, he said.

Besides the heroic work by engineers and Western aid, warmer temperatures are enabling the resumption of exports by making domestic demand lower, even as Germany’s coal generation shapes regional power flows.

Renewables like solar and wind power also come into play as temperatures rise, taking some pressure off nuclear and coal-fired power plants.

But it’s unclear if Ukraine can keep up exports amid the constant threat of Russian bombardment, with any potential agreement on power plant attacks still uncertain.

“Unfortunately now a lot of things depend on the war,” Halushchenko said. “I would say we feel quite confident now until the next winter.”

Exports to Poland, Slovakia and Romania are also on schedule to resume, he said.

“Today we are starting with Moldova, and we are talking about Poland, we are talking about Slovakia and Romania,” Halushchenko added, noting that how much will depend on their needs.

“For Poland, we have only one line that allows us to export 200 megawatts, but I think this month we will finish another line which will increase this to an additional 400 MW, so these figures could change,” he said.

Export revenue will depend on fluctuating electricity prices in Europe, where stunted hydro and nuclear output may affect recovery. In 2022, while Ukraine was still able to export energy, Ukrainian companies averaged 40 million to 70 million euros a month depending on prices, Halushchenko said.
 

 

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