EPA Accused of Flouting Supreme Court

By Omaha World-Herald


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The government proposed a pollution standard for power plants Wednesday that critics said flouts the spirit of a Supreme Court ruling on clean air enforcement.

The proposal would make it easier for utilities to expand plant operations or make other changes to produce more electricity without installing new pollution controls.

Critics said the Environmental Protection Agency was ignoring the justices' ruling that said a lower court erred when it sided with a coal-burning utility in seeking a similar standard.

But the EPA's assistant administrator, Bill Wehrum, said the proposal was not in conflict with the recent decision. He said that ruling dealt with the interpretation of earlier rules, not the validity of a new standard.

"It's apples and oranges," Wehrum said in a telephone interview. "We clearly have the authority" to issue the new standard, he added, which revises one proposed a year and a half ago.

The proposal would allow the use of average hourly smokestack emissions when determining whether a plant's expansion or efficiency improvements require additional pollution controls. The EPA hopes to make the proposal final before year's end.

Opponents of the hourly standard recently argued before the Supreme Court that this standard lets a plant put more smog-causing chemicals and other pollution into the air, even if hourly releases do not increase.

Environmentalists long have contended the EPA should continue using annual emissions to determine whether new pollution controls are needed under the Clean Air Act.

While not ruling directly on the legality of hourly standard, the Supreme Court said a lower court erred when it sided with Duke Energy Co. in the utility's challenge to the use of the annual standard in an enforcement case.

Duke Energy argued for the use of an hourly standard - similar to the one the EPA is proposing.

"EPA is ignoring both the Supreme Court and basic science," said Vickie Patton, a lawyer for Environmental Defense, the winning party in the Duke Energy case.

Frank O'Donnell, president of the nonprofit Clean Air Watch, accused the EPA of "thumbing its nose at the court" by pressing ahead with the hourly emissions standard. "They're going to let power plants pollute more," O'Donnell said.

Wehrum said the proposal is intended to allow power plants to produce more electricity by eliminating regulatory barriers to efficiency. He said the EPA has examined the environmental impact of the proposed rule and determined "essentially there's no effect on the environment."

"There should be little if any effects on the level of environmental protection provided by this program," he said.

Duke Energy and other power companies have said the EPA, beginning during the Clinton administration, interpreted the Clean Air Act in such a way that it has stifled needed expansions and efficiency improvements.

Environmentalists say any major changes in a plant's operation should be accompanied by steps to capture the additional pollution that may result.

Scott Segal, director of the Electric Reliability Coordinating Council which represents power companies, said the EPA proposal "allows us to make efficiency improvements that reduce carbon emissions" and help address global warming.

Segal took issue with suggestions the EPA was circumventing the Supreme Court's action in the Duke Energy case. He said the court emphasized that the EPA should have considerable deference in issuing clean air regulations.

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Military Is Ramping Up Preparation For Major U.S. Power Grid Hack

DARPA RADICS Power Grid Security targets DoD resilience to cyber attacks, delivering early warning, detection, isolation, and characterization tools, plus a secure emergency network to protect critical infrastructure and speed grid restoration and communications.

 

Key Points

A DoD/DARPA initiative to detect, contain, and rapidly recover the U.S. grid from sophisticated cyber attacks.

✅ Early warning separates attacks from routine outages

✅ Pinpoints intrusion points and malware used

✅ Builds secure emergency network for rapid restoration

 

The U.S. Department of Defense is growing increasingly concerned about hackers taking down our power grid and crippling the nation, reflecting a renewed focus on grid protection across agencies, which is why the Pentagon has created a $77-million security plan that it hopes will be up and running by 2020.

The U.S. power grid is threatened every few days. While these physical and cyber attacks have never led to wide-scale outages, attacks are getting more sophisticated. According to a 494-page report released by the Department of Energy in January and a new grid report card, the nation’s grid “faces imminent danger from cyber attacks.” Such a major, sweeping attack could threaten “U.S. lifeline networks, critical defense infrastructure, and much of the economy; it could also endanger the health and safety of millions of citizens.” If it were to happen today, America could be powered-down and vulnerable for weeks.

#google#

The DoD is working on an automated system to speed up recovery time to a week or less — what it calls the Rapid Attack Detection, Isolation, and Characterization (RADICS) program. DARPA, the Pentagon’s research arm, originally solicited proposals in late 2015, asking for technology that did three things. Primarily, it had to detect early warning signs and distinguish between attacks and normal outages, especially after intrusions at U.S. electric utilities underscored the risk, but it also had to pinpoint the access point of the attack and determine what malicious software was used. Finally, it must include an emergency system that can rapidly connect various power-supply centers, without any human coordination. This would allow emergency and military responders to have an ad hoc communication system in place moments after an attack.

“If a well-coordinated cyberattack on the nation’s power grid were to occur today, the time it would take to restore power would pose daunting national security challenges,” said DARPA program manager John Everett, in a statement, at the time. “Beyond the severe domestic impacts, including economic and human costs, prolonged disruption of the grid would hamper military mobilization and logistics, impairing the government’s ability to project force or pursue solutions to international crises.”

DARPA plans to spend $77 million on RADICS, while DOE funding to improve the grid complements these initiatives. Last November, SRI International announced it had received $7.3 million from the program. In December, Raython was granted $9 million. The latest addition is BAE Systems, which received $8.6 million last month to develop technology that detects and contains power-grid threats, and creates a secure emergency provisional system that restores some power and communication in the wake of an attack — what is being called a secure emergency network.

According to the military news site Defense Systems, BAE’s SEN would rely on radio, satellite, or wireless internet — particularly as ransomware attacks continue to rise — whatever is available that allows the grid to continue working. The SEN would serve as a wireless connection between separate power grid stations.

While the ultimate goal of the RADICS program will be the restoration of civilian power and communications, the SEN will prioritize communication networks that would be used for defense or combat, so the U.S. government can still wage war while the rest of us are in the dark.

 

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Australian operator warns of reduced power reserves

Australia Electricity Supply Shortfall highlights AEMO's warning of reduced reserves as coal retirements outpace capacity, risking load shedding. Calls for 1GW strategic reserves and investment in renewables, storage, and dispatchable power in Victoria.

 

Key Points

It is AEMO's forecast of reduced reserves, higher outage risk, and a need for 1GW strategic backup capacity.

✅ Coal retirements outpacing firm, dispatchable capacity

✅ AEMO urges 1GW strategic reserves in Victoria and South Australia

✅ Investment needed: renewables, storage, grid and reliability services

 

Australia’s electricity operator has warned of threats to electricity supply including a shortfall in generation and reduced power reserves on the horizon.

The Australian Energy Market Operator (AEMO) has called for further investment in the country’s energy portfolio as retiring coal plants are replaced by intermittent renewables poised to eclipse coal, leaving the grid with less back-up capacity.

AEMO has said this increases the chances of supply interruption and load shedding.

It added the federal government should target 1GW of strategic reserves in the states most at risk – Victoria and South Australia, even as the Prime Minister has ruled out taxpayer-funded power plants in the current energy battle.

CEO of the Clean Energy Council, Kane Thornton, said the shortfall in generation, reflected in a short supply of electricity, was due a decade of indecisiveness and debate leading to a “policy vacuum”.

He added: “The AEMO report revealed that the new projects added to the system under the renewable energy target will help to improve reliability over the next few years.

“We need to accept that the energy system is in transition, with lessons from dispatchable power shortages in Europe, and long term policy is now essential to ensure private investment in the most efficient new energy technology and solutions.”

 

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Biden calls for 100 percent clean electricity by 2035. Here’s how far we have to go.

Biden Clean Energy Plan 2035 accelerates carbon-free electricity with renewables, nuclear, hydropower, and biomass, invests $2T in EVs, grid and energy efficiency, and tightens fuel economy standards beyond the Clean Power Plan.

 

Key Points

A $2T U.S. climate plan for carbon-free power by 2035, boosting renewables, nuclear, EVs, efficiency, and grid upgrades.

✅ Targets a zero-carbon electric grid nationwide by 2035

✅ Includes renewables, nuclear, hydropower, and biomass in standard

✅ Funds EVs, grid modernization, weatherization, and fuel economy rules

 

This month the Democratic presumptive presidential nominee, Joe Biden, outlined an ambitious plan, including Biden’s solar plan to expand clean energy, for tackling climate change that shows how far the party has shifted on the issue since it controlled the White House.

President Barack Obama’s Clean Power Plan had called for the electricity sector to cut its carbon pollution 32 percent by 2030, and did not lay out a trajectory for phasing out oil, coal or natural gas production.

This year, Democratic 2020 hopefuls such as Sen. Bernie Sanders (I-Vt.) went much further, suggesting the United States should derive all of its electricity from renewable sources by 2030, moving to 100% renewables as part of a $16.3 trillion plan to wean the nation away from fossil fuels. Many other congressional Democrats have embraced the Green New Deal — the nonbinding resolution calling for a carbon-free power sector by 2030 and more energy efficient buildings and vehicles, along with a massive investment in electric vehicles and high-speed rail.

Last year, 38 percent of U.S. electricity generated came from clean sources, according to a Washington Post analysis of data from the U.S. Energy Information Administration, and in April renewables hit a record 28% nationwide.

Biden’s new plan, which carries a price tag of $2 trillion, would eliminate carbon emissions from the electric sector by 2035, impose stricter gas mileage standards, fund investments to weatherize millions of homes and commercial buildings, and upgrade the nation’s transportation system. To reach its 2035 carbon-free electricity goal, the campaign includes wind, solar and several forms of energy, acknowledging why the grid isn’t yet 100% renewable while balancing reliability, that are not always counted in state renewable portfolio standards, such as nuclear, hydropower and biomass.

“A great appeal of the Biden proposal is that it is much closer to targeting carbon directly, which is the ultimate enemy, and plays fewer favorites with particular technologies,” said Michael Greenstone, who directs the University of Chicago’s Energy Policy Institute. “This will reduce the costs to consumers and give more carbon bang for the buck.”

But some environmentalists, such as Friends of the Earth President Erich Pica, question the idea of including more controversial carbon-free technologies. “There is no role for nuclear in a least-cost, low carbon world. Including these dinosaurs in a clean energy standard is going to incentivize industry efforts to keep aging, dangerous facilities online,” Pica said in an email.

Hydropower, which relies on a system of moving water that constantly recharges, is defined as renewable by the Environmental Protection Agency. Biomass is often considered as carbon neutral because even though it releases carbon dioxide when it is burned, the plants capture nearly the same amount of CO2 while growing.


Both forms of energy have come under fire for their environmental impacts, however. Damming streams and rivers can destroy fish habitat and make it more difficult for them to spawn, and it also seems unlikely that hydropower will expand its current 6 percent share of the nation’s electrical grid.

Many experts argue that classifying biomass energy as carbon neutral provides an incentive to cut down trees that would otherwise remain standing and sequester carbon. “If burning this wood were good for the climate, then we should not recycle paper, we should burn it,” noted Tim Searchinger, a research scholar at the Princeton School of Public and International Affairs.

Illinois lead the nation in the amount of electricity generated from nuclear power

More than half of the country — 30 states, Washington, and three territories — have adopted a renewable portfolio standard (RPS), according to the National Conference of State Legislatures, and seven states and one territory have set renewable energy goals. While 14 states, along with the District, Puerto Rico and the Virgin Islands, have established requirements of 50 percent or more carbon-free electricity, nearly as many have set theirs at 15 percent or less.

Maine Gov. Janet Mills (D), who has called for 100% renewable electricity in the state, has pushed clean electricity aggressively since taking office in 2019, lifting a wind energy moratorium imposed by her predecessor and signing bills aimed at expanding the state’s carbon-free energy sources. Biomass accounts for a quarter of the state’s electricity, more than any other state.

New York has one of the country’s most ambitious climate targets, which it scaled up last year. It aims to obtain 70 percent of its power from renewable sources within a decade, a period when renewables surpassed coal in U.S. generation, and eliminate carbon altogether by 2040, even as the state is in the process of shutting down a major nuclear plant near New York City, Indian Point, which is slated to cease operating on April 30, 2021.

... while other states are weakening theirs

Last year, Ohio weakened its renewable energy standard from a target of 12.5 percent in 2027 to 8.5 percent by 2026, even as renewables topped coal nationwide for the first time in over a century, without setting any future goals, and jettisoned its energy efficiency standard. West Virginia — which established modest renewable requirements in 2009 — repealed them altogether in 2015, the year they were set to take effect.

 

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Could selling renewable energy be Alberta's next big thing?

Alberta Renewable Energy Procurement is surging as corporate PPAs drive wind and solar growth, with the Pembina Institute and the Business Renewables Centre linking buyers and developers in Alberta's energy-only market near Medicine Hat.

 

Key Points

A market-led approach where corporations use PPAs to secure wind and solar power from Alberta projects.

✅ Corporate PPAs de-risk projects and lock in clean power.

✅ Alberta's energy-only market enables efficient transactions.

✅ Skilled workforce supports wind, solar, legal, and financing.

 

Alberta has big potential when it comes to providing renewable energy, advocates say.

The Pembina Institute says the practice of corporations committing to buy renewable energy is just taking off in Canada, and Alberta has both the energy sector and the skilled workforce to provide it.

Earlier this week, a company owned by U.S. billionaire Warren Buffett announced a large new wind farm near Medicine Hat. It has a buyer for the power.

Sara Hastings-Simon, director of the Pembina's Business Renewables Centre, says this is part of a trend.

"We're talking about the practice of corporate institutions purchasing renewables to meet their own electricity demand. And this is a really well-established driver for renewable energy development in the U.S.," she said. "You may be hearing headlines like Google, Apple and others that are buying renewables and we're helping to bring this practice to Canada."

The Business Renewables Centre (BRC) is a not-for-profit working to accelerate corporate and institutional procurement of renewables in Canada. The group held its inaugural all members event in Calgary on Thursday.

Hastings-Simon says shareholders and investors are encouraging more use of solar and wind power in Canada.

"We have over 10 gigawatts of renewable energy projects in the pipeline that are ready for buyers. And so we see multinational companies coming to Canada to start to procure here, as well as Canadian companies understanding that this is an opportunity for them as well," Hastings-Simon said.

"It's really exciting to see business interests driving renewable energy development."

Sara Hastings-Simon is the director of the Pembina Institute's Business Renewables Centre, which seeks to build up Alberta's renewable energy industry. (Mike Symington/CBC)

Hastings-Simon says renewable procurement could help dispel the narrative that it's all about oil and gas in Alberta by highlighting Alberta as a powerhouse for both green energy and fossil fuels in Canada.

She says the practice started with a handful of tech companies in the U.S. and has become more mainstream there, even as Canada remains a solar laggard to some observers, with more and more large companies wanting to reduce their energy footprint.

He says his U.S.-based organization has been working for years to speed up and expand the renewables market for companies that want to address their own sustainability.

"We try and make that a little bit easier by building out a community that can help to really reinforce each other, share lessons learned, best practices and then drive for transactions to have actual material impact worldwide," he said.

"We're really excited to be working with the Pembina group and the BRC Canada team," he said. "We feel our best value for this is just to support them with our experiences and lessons. They've been basically doing the same thing for many years helping to grow and grow and cultivate the market."

 

Porter says Alberta's market is more than ready.

"There are some precedent transactions already so people know it can work," he said. "The way Alberta is structured, being an energy-only market is useful. And I think that there is a strong ecosystem of both budget developers and service providers … that can really help these transactions get over the line."

As procurement ramps up, Hastings-Simon says Alberta already has the skilled workers needed to fill renewable energy jobs across the province.

"We have a lot of the knowledge that's needed, and that's everybody from the construction down through the legal and financing — all those pieces of building big projects," she said. "We are seeing increasing interest in people that want to become involved in that industry, and so there is increasing demand for training in things like solar power installation and wind technicians."

Hastings-Simon predicts an increase in demand for both the services and the workers.

"As this industry ramps up, we're going to need to have more workers that are active in those areas," she said. "So I think we can see a very nice increase — both the demand and the number of folks that are able to work in this field."

 

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Clean-energy generation powers economy, environment

Atlin Hydro and Transmission Project delivers First Nation-led clean energy via hydropower to the Yukon grid, replacing diesel, cutting emissions, and creating jobs, with a 69-kV line from Atlin, B.C., supplying about 35 GWh annually.

 

Key Points

A First Nation-led 8.5 MW hydropower and 69-kV line supplying clean energy to the Yukon, reducing diesel use.

✅ 8.5 MW capacity; ~35 GWh annually to Yukon grid

✅ 69-kV, 92 km line links Atlin to Jakes Corner

✅ Creates 176 construction jobs; cuts diesel and emissions

 

A First Nation-led clean-power generation project for British Columbia’s Northwest will provide a significant economic boost and good jobs for people in the area, as well as ongoing revenue from clean energy sold to the Yukon.

“This clean-energy project has the potential to be a win-win: creating opportunities for people, revenue for the community and cleaner air for everyone across the Northwest,” said Premier John Horgan. “That’s why our government is proud to be working in partnership with the Taku River Tlingit First Nation and other levels of government to make this promising project a reality. Together, we can build a stronger, cleaner future by producing more clean hydropower to replace fossil fuels – just as they have done here in Atlin.”

The Province is contributing $20 million toward a hydroelectric generation and transmission project being developed by the Taku River Tlingit First Nation (TRTFN) to replace diesel electricity generation in the Yukon, which is also supported by the Government of Yukon and the Government of Canada, and comes as BC Hydro demand fell during COVID-19 across the province.

“Renewable-energy projects are helping remote communities reduce the use of diesel for electricity generation, which reduces air pollution, improves environmental outcomes and creates local jobs,” said Bruce Ralston, Minister of Energy, Mines and Low Carbon Innovation. “This project will advance reconciliation with TRTFN, foster economic development in Atlin and support intergovernmental efforts to reduce greenhouse gas emissions.”

TRTFN is based in Atlin with territory in B.C., the Yukon, and Alaska. TRTFN is an active participant in clean-energy development and, since 2009, has successfully replaced diesel-generated electricity in Atlin with a 2.1-megawatt (MW) hydro facility amid oversight issues such as BC Hydro misled regulator elsewhere in the province today.

TRTFN owns the Tlingit Homeland Energy Limited Partnership (THELP), which promotes economic development through clean energy. THELP plans to expand its hydro portfolio by constructing the Atlin Hydro and Transmission Project and selling electricity to the Yukon via a new transmission line, in a landscape shaped by T&D rates decisions in jurisdictions like Ontario for cost recovery.

The Government of Yukon is requiring its Yukon Energy Corporation (YEC) to generate 97% of its electricity from renewable resources by 2030. This project provides an opportunity for the Yukon government to reduce reliance on diesel generators and to meet future load growth, at a time when Manitoba Hydro's debt pressures highlight utility cost challenges.

The new transmission line between Atlin and the Yukon grid will include a fibre-optic data cable to support facility operations, with surplus capacity that can be used to bring high-speed internet connectivity to Atlin residents for the first time.

“Opportunities like this hydroelectricity project led by the Taku River Tlingit First Nation is a great example of identifying and then supporting First Nations-led clean-energy opportunities that will support resilient communities and provide clean economic opportunities in the region for years to come. We all have a responsibility to invest in projects that benefit our shared climate goals while advancing economic reconciliation.” said George Heyman, Minister of Environment and Climate Change Strategy.

“Thank you to the Government of British Columbia for investing in this important project, which will further strengthen the connection between the Yukon and Atlin. This ambitious initiative will expand renewable energy capacity in the North in partnership with the Taku River Tlingit First Nation while reducing the Yukon’s emissions and ensuring energy remains affordable for Yukoners.“ said Sandy Silver, Premier of Yukon.

“The Atlin Hydro Project represents an important step toward meeting the Yukon’s growing electricity needs and the renewable energy targets in the Our Clean Future strategy. Our government is proud to contribute to the development of this project and we thank the Government of British Columbia and all partners for their contributions and commitment to renewable energy initiatives. This project demonstrates what can be accomplished when communities, First Nations and federal, provincial and territorial governments come together to plan for a greener economy and future.” said John Streicker, Minister Responsible for the Yukon Development Corporation. 

“Atlin has enjoyed clean and renewable energy since 2009 because of our hydroelectric project. Over its lifespan, Atlin’s hydro opportunity will prevent more than one million tonnes of greenhouse gases from being created to power the southern Yukon. We are looking forward to the continuation of this project. Our collective dream is to meet our environmental and economic goals for the region and our local community within the next 10 years. We are so grateful to all our partners involved for their financial support, as we continue onward in creating an energy efficient and sustainable North.” said Charmaine Thom, Taku River Tlingit First Nation spokesperson.

Quick Facts:

  • The 8.5-MW project is expected to provide an average of 35 gigawatt hours of energy annually to the Yukon. To accomplish this, TRTFN plans to leverage the existing water storage capability of Surprise Lake, add new infrastructure, and send power 92 km north to Jakes Corner, Yukon, along a new 69-kilovolt transmission line.
  • The project is expected to cost $253 - 308.5 million, the higher number reflecting recently estimated impacts of inflation and supply chain cost escalation, alongside sector accounting concerns such as deferred BC Hydro costs noted in recent reports.
  • The project is expected to have a positive impact on local and provincial economic development in the form of, even as governance debates like Manitoba Hydro board changes draw attention elsewhere:
  • 176 full-time positions during construction;
  • six to eight full-time positions in operations and maintenance over 40 years; and
  • increased business for B.C. contractors.
  • Territorial and federal funders have committed $151.1 million to support the project, most recently the $32.2 million committed in the 2022 federal bdget.

 

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Groups clash over NH hydropower project

Northern Pass Hydropower Project Rehearing faces review by New Hampshire's Site Evaluation Committee as Eversource seeks approval for a 192-mile transmission line, citing energy cost relief, while Massachusetts eyes Central Maine Power as an alternative.

 

Key Points

A review of Eversource's halted NH transmission plan, weighing impacts, costs, and alternatives.

✅ SEC denied project, Eversource seeks rehearing

✅ 192-mile line to bring Canadian hydropower to NE

✅ Alternative bids include Central Maine Power corridor

 

Groups supporting and opposing the Northern Pass hydropower project in New Hampshire filed statements Friday in advance of a state committee’s meeting next week on whether it should rehear the project.

The Site Evaluation Committee rejected the transmission proposal last month over concerns about potential negative impacts. It is scheduled to deliberate Monday on Eversource’s request for a rehearing.

The $1.6 billion project would deliver hydropower from Canada, including Hydro-Quebec exports, to customers in southern New England through a 192-mile transmission line in New Hampshire.

If the Northern Pass project fails to ultimately win New Hampshire approval, the Massachusetts Department of Energy Resources has announced it will begin negotiating with a team led by Central Maine Power Co. for a $950 million project through a 145-mile Maine transmission line as an alternative.

Separately, construction later began on the disputed $1 billion electricity corridor despite ongoing legal and political challenges.

The Business and Industry Association voted last month to endorse the project after remaining neutral on it since it was first proposed in 2010. A letter sent to the committee Friday urges it to resume deliberations. The association said it is concerned about the severe impact the committee’s decision could have on New Hampshire’s economic future, even as Connecticut overhauls electricity market structure across New England.

“The BIA believes this decision was premature and puts New Hampshire’s economy at risk,” organization President Jim Roche wrote. “New Hampshire’s electrical energy prices are consistently 50-60 percent higher than the national average. This has forced employers to explore options outside New Hampshire and new England to obtain lower electricity prices. Businesses from outside New Hampshire and others now here are reversing plans to grow in New Hampshire due to the Site Evaluation Committee’s decision.”

The International Brotherhood of Electrical Workers and the Coos County Business and Employers Group also filed a statement in support of rehearing the project.

The Society to Protect New Hampshire Forests, which is opposed to the project, said Eversource’s request is premature because the committee hasn’t issued a final written decision yet. It also said Eversource hasn’t proven committee members “made an unlawful or unreasonable decision or mistakenly overlooked matters it should have considered.”

As part of its request for reconsideration, Eversource said it is offering up to $300 million in reductions to low-income and business customers in the state.

It also is offering to allocate $95 million from a previously announced $200 million community fund — $25 million to compensate for declining property values, $25 million for economic development and $25 million to promote tourism in affected areas. Another $20 million would fund energy efficiency programs.

 

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