New 400 dollar grants may keep power on

Ontario Global Adjustment Charge faces constitutional scrutiny as a regulatory charge vs tax; Court of Appeal revives case over electricity pricing, feed-in tariff contracts, IESO policy, and hydro rate impacts on consumers and industry.

Key Points

A provincial electricity fee funding generator contracts, now central to a court fight over tax versus regulatory charge.

✅ Funds gap between market price and contracted generator rates

✅ At issue: regulatory charge vs tax under constitutional law

✅ Linked to feed-in tariff, IESO policy, and hydro rate hikes

Ontario’s court of appeal has decided that a constitutional challenge of a steep provincial electricity charge should get its day in court, overturning a lower-court judgment that had dismissed the legal bid.

Hamilton, Ont.-based National Steel Car Ltd. launched the challenge in 2017, saying Ontario’s so-called global adjustment charge was unconstitutional because it is a tax — not a valid regulatory charge — that was not passed by the legislature.

The global adjustment funds the difference between the province’s hourly electricity price and the price guaranteed under contracts to power generators. It is “the component that covers the cost of building new electricity infrastructure in the province, maintaining existing resources, as well as providing conservation and demand management programs,” the province’s Independent Electricity System Operator says.

However, the global adjustment now makes up most of the commodity portion of a household electricity bill, and its costs have ballooned, as regulators elsewhere consider a proposed 14% rate hike in Nova Scotia.

Ontario’s auditor general said in 2015 that global adjustment fees had increased from $650 million in 2006 to more than $7 billion in 2014. She added that consumers would pay $133 billion in global adjustment fees from 2015 to 2032, after having already paid $37 billion from 2006 to 2014.

National Steel Car, which manufactures steel rail cars and faces high electricity rates that hurt Ontario factories, said its global adjustment costs went from $207,260 in 2008 to almost $3.4 million in 2016, according to an Ontario Court of Appeal decision released on Wednesday.

The company claimed the global adjustment was a tax because one of its components funds electricity procurement contracts under a “feed-in tariff” program, or FIT, which National Steel Car called “the main culprit behind the dramatic price increases for electricity,” the decision said.

Ontario’s auditor general said the FIT program “paid excessive prices to renewable energy generators.” The program has been ended, but contracts awarded under it remain in place.

National Steel Car claimed the FIT program “was actually designed to accomplish social goals unrelated to the generation of electricity,” such as helping rural and indigenous communities, and was therefore a tax trying to help with policy goals.

“The appellant submits that the Policy Goals can be achieved by Ontario in several ways, just not through the electricity pricing formula,” the decision said.

National Steel Car also argued the global adjustment violated a provincial law that requires the government to hold a referendum for new taxes.

“The appellant’s principal claim is that the Global Adjustment was a ‘colourable attempt to disguise a tax as a regulatory charge with the purpose of funding the costs of the Policy Goals,’” the decision said. “The appellant pressed this argument before the motion judge and before this court. The motion judge did not directly or adequately address it.”

The Ontario government applied to have the challenge thrown out for having “no reasonable cause of action,” and a Superior Court judge did so in 2018, saying the global adjustment is not a tax.

National Steel Car appealed the decision, and the decision published Wednesday allowed the appeal, set aside the lower-court judgment, and will send the case back to Superior Court, where it could get a full hearing.

“The appellant’s claim is sufficiently plausible on the evidentiary record it put forward that the applications should not have been dismissed on a pleadings motion before the development of a full record,” wrote Justice Peter D. Lauwers. “It is not plain, obvious and beyond doubt that the Global Adjustment, and particularly the challenged component, is properly characterized as a valid regulatory charge and not as an impermissible tax.”

Jerome Morse of Morse Shannon LLP, one of National Steel Car’s lawyers, said the Ontario government would now have 60 days to decide whether to seek permission to appeal to the Supreme Court of Canada.

“What the court has basically said is, ‘this is a plausible argument, here are the reasons why it’s plausible, there was no answer to this,’” Morse told the Financial Post.

Ontario and the IESO had supported the lower-court decision, but there has been a change in government since the challenge was first launched, with Progressive Conservative Premier Doug Ford replacing the Liberals and Kathleen Wynne in power. The Liberals had launched a plan aimed at addressing hydro costs before losing in a 2018 election, the main thrust of which had been to refinance global adjustment costs.

Wednesday’s decision states that “Ontario’s counsel advised the court that the current Ontario government ‘does not agree with the former government’s electricity procurement policy (since-repealed).’

“The government’s view is that: ‘The solution does not lie with the courts, but instead in the political arena with political actors,’” it adds.

A spokesperson for Ontario Energy Minister Greg Rickford said in an email that they are reviewing the decision but “as this matter is in the appeal period, it would be inappropriate to comment.” 

Ontario had also requested to stay the matter so a regulator, the Ontario Energy Board, could weigh in, while the Nova Scotia regulator approved a 14% hike in a separate case.

“However, Ontario only sought this relief from the motion judge in the alternative, and given the motion judge’s ultimate decision, she did not rule on the stay,” Thursday’s decision said. “It would be premature for this court to rule on the issue, although it seems incongruous for Ontario to argue that the Superior Court is the convenient forum in which to seek to dismiss the applications as meritless, but that it is not the convenient forum for assessing the merits of the applications.”

National Steel Car’s challenge bears a resemblance to the constitutional challenges launched by Ontario and other provinces over the federal government’s carbon tax, but Justice Lauwers wrote “that the federal legislative scheme under consideration in those cases is distinctly different from the legislation at issue in this appeal.”

“Nothing in those decisions impacts this appeal,” the judge added.
 

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Illinois NextGrid redefines utility, customer, and provider roles with grid modernization, DER valuation, upfront rebates, net metering reform, and non-wires alternatives, leveraging rooftop solar, batteries, and performance signals to enhance reliability and efficiency.

Key Points

Illinois NextGrid is an ICC roadmap to value DER and modernize the grid with rebates and non-wires solutions.

✅ Upfront Value-of-DER rebates reward location, time, and performance.

✅ Locational DER reduce peak demand and defer wires and substations.

✅ Encourages non-wires alternatives and data-driven utility planning.

How does the electric utility fit in to a rapidly-evolving energy system? That’s what the Illinois Commerce Commission is trying to determine with its new effort, "NextGrid". Together, we’re rethinking the roles of the utility, the customer, and energy solution providers in a 21st-century digital grid landscape.

In some ways, NextGrid will follow in the footsteps of New York’s innovative Reforming the Energy Vision process, a multi-year effort to re-examine how electric utilities and customers interact. A new approach is essential to accelerating the adoption of clean energy technologies and building a smarter electricity infrastructure in the state.

Like REV, NextGrid is gaining national attention for stakeholder-driven processes to reveal new ways to value distributed energy resources (DER), like rooftop solar and batteries. New York and Illinois’ efforts also seek alternatives, such as virtual power plants, to simply building more and more wires, poles, and power plants to meet the energy needs of tomorrow.

Yet, Illinois is may go a few steps beyond New York, creating a comprehensive framework for utilities to measure how DER are making the grid smarter and more efficient. Here is what we know will happen so far.

On Wednesday, April 5, at the second annual Grid Modernization Forum in Chicago, I’ll be discussing why these provisions could change the future of our energy system, including insights on grid modernization affordability for stakeholders.

Value of distributed energy

The Illinois Commerce Commission’s NextGrid plans grew out of the recently-passed future energy jobs act, a landmark piece of climate and energy policy that was widely heralded as a bipartisan oddity in the age of Trump. The Future Energy Jobs Act will provide significant new investments in renewables and energy efficiency over the next 13 years, redefine the role and value of rooftop solar and batteries on the grid, and lead to significant greenhouse gas emission reductions.

NextGrid will likely start laying the groundwork for valuing distributed energy resources (DER) as envisioned by the Future Energy Jobs Act, which introduces the concept of a new rebate. Illinois currently has a net metering policy, which lets people with solar panels sell their unused solar energy back to the grid to offset their electric bill. Yet the net metering policy had an arbitrary “cap,” or a certain level after which homes and businesses adding solar panels would no longer be able to benefit from net metering.

Although Illinois is still a few years away from meeting that previous “cap,” when it does hit that level, the new policy will ensure additional DER will still be rewarded. Under the new plan, the Value-of-DER rebate will replace net metering on the distribution portion of a customer’s bill (the charge for delivering electricity from the local substation to your house) with an upfront payment, which credits the customer for the value their solar provides to the local grid over the system’s life. Net metering for the energy supply portion of the bill would remain – i.e. homes and businesses would still be able to offset a significant portion of their electric bills by selling excess energy.

What is unique about Illinois’ approach is that the rebate is an upfront payment, rather than on ongoing tariff or reduced net metering compensation, for example. By allowing customers to get paid for the value solar provides to the system at the time it is installed, in the same way new wires, poles, and transformers would, this upfront payment positions DER investments as equally or more beneficial to customers and the electric grid. This is a huge step not only for regulators, but for utilities as well, as they begin to see distributed energy as an asset to the system.

This is a huge step for utilities, as they begin to see distributed energy as an asset to the system.

The rebate would also factor-in the variables of location, time, and performance of DER in the rebate formula, allowing for a more precise calculation of the value to the grid. Peak electricity demand can stress the local grid, causing wear and tear and failure of the equipment that serve our homes and businesses. Power from DER during peak times and in certain areas can alleviate those stresses, therefore providing a greater value than during times of average demand.

In addition, factoring-in the value of performance will take into account the other functions of distributed energy that help keep the lights on. For example, batteries and advanced inverters can provide support for helping avoid voltage fluctuations that can cause outages and other costs to customers.

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Alberta Clean Electricity Regulations face federal mandates and provincial autonomy, balancing greenhouse gas cuts, net-zero 2050 goals, and renewable energy adoption across wind, solar, and hydro, while protecting jobs and economic stability in energy communities.

Key Points

Rules to cut power emissions, boost renewables, and align Alberta with federal net-zero goals under federal mandates.

✅ Phases out coal and curbs greenhouse gas emissions

✅ Expands wind, solar, and hydro to diversify the grid

✅ Balances provincial autonomy with national climate targets

In a recent development, Alberta finds itself at a crossroads between provincial autonomy and federal mandates concerning federal clean electricity regulations that shape long-term planning. The province, known for its significant oil and gas industry, faces increasing pressure to align its energy policies with federal climate goals set by Ottawa.

The federal government, under the leadership of Environment Minister Steven Guilbeault, has proposed regulations aimed at reducing greenhouse gas emissions and transitioning towards a cleaner energy future that prioritizes clean grids and batteries across provinces. These regulations are part of Canada's broader commitment to combat climate change and achieve net-zero emissions by 2050.

The Federal Perspective

From Ottawa's standpoint, stringent regulations on Alberta's electricity sector are necessary to meet national climate targets. This includes measures to phase out coal-fired power plants and increase reliance on renewable energy sources such as wind, solar, and hydroelectric power. Minister Guilbeault emphasizes the importance of these regulations in mitigating Canada's carbon footprint and fostering sustainable development.

Alberta's Response

In contrast, Alberta has historically championed provincial autonomy in energy policy, leveraging its vast fossil fuel resources to drive economic growth. The province remains cautious about federal interventions that could potentially disrupt its energy sector, a cornerstone of its economy, especially amid changes to how electricity is produced and paid for now under discussion.

Premier Jason Kenney has expressed concerns over federal overreach, and his influence over electricity policy has shaped proposals in the legislature. He emphasizes the province's efforts in adopting cleaner technologies while balancing economic stability and environmental sustainability.

The Balancing Act

The challenge lies in finding a middle ground between federal imperatives and provincial priorities, as interprovincial disputes like B.C.'s export-restriction challenge complicate coordination. Alberta acknowledges the need to diversify its energy portfolio and reduce emissions but insists on preserving its jurisdiction over energy policy. The province has already made strides in renewable energy development, including investing in wind and solar projects alongside traditional energy sources.

Economic Implications

For Alberta, the transition to cleaner electricity carries significant economic implications as the electricity market heads for a reshuffle in the coming years. It entails navigating the complexities of energy transition, ensuring job retention, and fostering innovation in sustainable technologies. Critics argue that abrupt federal regulations could exacerbate economic hardships, particularly in communities reliant on the fossil fuel industry.

Moving Forward

As discussions continue between Alberta and Ottawa, finding common ground, including consideration of recent market change proposals from the province, remains essential. Collaborative efforts are necessary to develop tailored solutions that accommodate both environmental responsibilities and economic realities. This includes exploring incentives for renewable energy investment, supporting energy sector workers in transitioning to new industries, and leveraging Alberta's expertise in energy innovation.

Conclusion

Alberta's journey towards clean electricity regulation exemplifies the delicate balance between regional autonomy and federal oversight in Canada's complex federal system. While tensions persist between provincial and federal priorities, both levels of government share a common commitment to addressing climate change and advancing sustainable energy solutions.

The outcome of these negotiations will not only shape Alberta's energy landscape but also influence Canada's overall progress towards a greener future. Finding equitable solutions that respect provincial autonomy while achieving national environmental goals remains paramount in navigating this evolving policy landscape.

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Netherlands vs Canada Solar Power compares per capita capacity, renewable energy policies, photovoltaics adoption, rooftop installations, grid integration, and incentives like feed-in tariffs and BIPV, highlighting efficiency, costs, and public engagement.

Key Points

Concise comparison of per capita capacity, policies, technology, and engagement in Dutch and Canadian solar adoption.

✅ Dutch per capita PV capacity exceeds Canada's by wide margin.

✅ Strong incentives: net metering, feed-in tariffs, rooftop focus.

✅ Climate, grid density, and awareness drive higher yields.

When it comes to harnessing solar power, the Netherlands stands as a shining example of efficient and widespread adoption, far surpassing Canada in solar energy generation per capita. Despite Canada's vast landmass and abundance of sunlight, the Netherlands has managed to outpace its North American counterpart, which some experts call a solar power laggard in solar energy production. This article explores the factors behind the Netherlands' success in solar power generation and compares it to Canada's approach.

Solar Power Capacity and Policy Support

The Netherlands has rapidly expanded its solar power capacity in recent years, driven by a combination of favorable policies, technological advancements, and public support. According to recent data, the Netherlands boasts a significantly higher per capita solar power capacity compared to Canada, where demand for solar electricity lags relative to deployment in many regions, leveraging its smaller geographical size and dense population centers to maximize solar panel installations on rooftops and in urban areas.

In contrast, Canada's solar energy development has been slower, despite having vast areas of suitable land for solar farms. Challenges such as regulatory hurdles, varying provincial policies, and the high initial costs of solar installations have contributed to a more gradual adoption of solar power across the country. However, provinces like Ontario have seen significant growth in solar installations due to supportive government incentives and favorable feed-in tariff programs, though growth projections were scaled back after Ontario scrapped a key program.

Innovation and Technological Advancements

The Netherlands has also benefited from ongoing innovations in solar technology and efficiency improvements. Dutch companies and research institutions have been at the forefront of developing new solar panel technologies, improving efficiency rates, and exploring innovative applications such as building-integrated photovoltaics (BIPV). These advancements have helped drive down the cost of solar energy and increase its competitiveness with traditional fossil fuels.

In contrast, while Canada has made strides in solar technology research and development, commercialization and widespread adoption have been more restrained due to factors like market fragmentation and the country's reliance on other energy sources such as hydroelectricity.

Public Awareness and Community Engagement

Public awareness and community engagement play a crucial role in the Netherlands' success in solar power adoption. The Dutch government has actively promoted renewable energy through public campaigns, educational programs, and financial incentives for homeowners and businesses to install solar panels. This proactive approach has fostered a culture of energy conservation and sustainability among the Dutch population.

In Canada, while there is growing public support for renewable energy, varying levels of awareness and engagement across different provinces have impacted the pace of solar energy adoption. Provinces like British Columbia and Alberta have seen increasing interest in solar power, driven by environmental concerns, technological advancements, and economic benefits, as the country is set to hit 5 GW of installed capacity in the near term.

Climate and Geographic Considerations

Climate and geographic considerations also influence the disparity in solar power generation between the Netherlands and Canada. The Netherlands, despite its northern latitude, benefits from relatively mild winters and a higher average annual sunlight exposure compared to most regions of Canada. This favorable climate has facilitated higher solar energy yields and made solar power a more viable option for electricity generation.

In contrast, Canada's diverse climate and geography present unique challenges for solar energy deployment. Northern regions experience extended periods of darkness during winter months, limiting the effectiveness of solar panels in those areas. Despite these challenges, advancements in energy storage technologies and hybrid solar-diesel systems are making solar power increasingly feasible in remote and off-grid communities across Canada, even as Alberta faces expansion challenges related to grid integration and policy.

Future Prospects and Challenges

Looking ahead, both the Netherlands and Canada face opportunities and challenges in expanding their respective solar power capacities. In the Netherlands, continued investments in solar technology, grid infrastructure upgrades, and policy support will be crucial for maintaining momentum in renewable energy development.

In Canada, enhancing regulatory consistency, scaling up solar installations in urban and rural areas, and leveraging emerging technologies will be essential for narrowing the gap with global leaders in solar energy generation and for seizing opportunities in the global electricity market as the energy transition accelerates.

In conclusion, while the Netherlands currently generates more solar power per capita than Canada, with the Prairie Provinces poised to lead growth in the Canadian market, both countries have unique strengths and challenges in their pursuit of a sustainable energy future. By learning from each other's successes and leveraging technological advancements, both nations can further accelerate the adoption of solar power and contribute to global efforts to combat climate change.

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Canada Nuclear Power Expansion highlights SMRs, clean energy, net-zero targets, and robust regulation to deliver safe, reliable baseload electricity, spur investment, and economically decarbonize remote communities, mines, and grids across provinces securely.

Key Points

Canada Nuclear Power Expansion grows SMRs and reactors to meet climate targets with safe, reliable baseload power.

✅ Deploys SMRs for remote communities, mines, and industrial sites

✅ Streamlines regulation to ensure safety, trust, and timely approvals

✅ Provides clean, reliable baseload to hit net-zero electricity goals

Canada must expand its nuclear power capacity if it is to reach its climate targets, according to Canadian Minister of Natural Resources Seamus Oregan.

Speaking to the Canadian Nuclear Association’s annual conference, Seamus O’Regan said the industry has to grow.

“As the world tackles a changing climate, nuclear power is poised to provide the next wave of clean, affordable, safe and reliable power,” he told a packed room.

The Ottawa conference was the largest the industry has run with dozens of companies and more than 900 people in attendance. Provincial cabinet ministers from Saskatchewan and Ontario were also there. Those two provinces, along with New Brunswick, signed a memorandum in December as part of a premiers' nuclear initiative to work together on small modular reactor technology.

People need to know that it’s safe

Small modular reactors are units that produce less power than large generating stations, but can be constructed easier and are expected to be safer to operate. Canadian firms have about a dozen of the proposed reactors working their way through the regulatory process, with New Brunswick's SMR plans drawing scrutiny.

The smaller reactors could be used in groups to replace large units, but the industry also hopes to use them in rural or isolated communities, mines or even oilsands projects, potentially replacing the diesel power generators some remote communities use.

The Canadian government issued a road map to support the industry in 2018 and O’Regan committed Thursday to putting some teeth on that proposal later this year, as provinces like Ontario explore new large-scale nuclear plants to meet demand, with specific steps the government will take.

“We have been working so hard to support this industry. We are placing nuclear energy front and centre, something that has never been done before.”

O’Regan said the government’s role is a clear, streamlined regulatory system that will promote the industry, but also help the Canadian public to trust the reactors will be safe.

“People need to know that it’s safe. They need to know that it’s regulated. They need to know that it’s safe for them,” he said.

The Liberals promised during the campaign that they would gradually reduce Canada’s carbon emissions even after hitting the targets in the Paris Agreement by 2030. By 2050, Prime Minister Justin Trudeau said he expects Canada to be carbon neutral, mindful of lessons from Europe's power crisis on reliability.

The government hasn’t outlined how it will achieve that goal. O’Regan said more detail is coming, but it’s clear that nuclear is going to have to play a major part, echoing the UK’s green industrial revolution approach to reactor deployment.

“I have not seen a credible plan for net zero without nuclear as part of the mix. I don’t think we are going to be relying on any one technology. I think it’s going to be a whole host of things.”

O’Regan said large investors are looking for countries that are on the path to net zero.

“Everybody has their shirt sleeves rolled up and we know we need to work on this, not only do we have to work on this for the urgency of the planet, but we have to work on it for Canadian jobs.”

He added, “We must focus on those areas where Canada can and should lead, like nuclear.”

Canadians are ready to take a fresh look at nuclear

John Gorman, president of the Canadian Nuclear Association, said he was thrilled with O’Regan’s comments.

“I took the minister’s remarks this morning as being perhaps the strongest language of support for the nuclear industry in a number of years.”

Gorman said the industry is in strong shape and is working with utility companies such as Ontario Power Generation and regulators to move projects forward.

“It’s this amazing collaboration and coordination that is enabling us to beat others to the roll out of these small modular reactors,” he said.

He said provinces that might not have looked at nuclear before now have an incentive to do it, because of climate change. A former solar industry executive, Gorman said solar and wind power are important, as Ontario plans to seek new wind and solar power to ease supply pressures, but they won’t be able to keep up with rising power demands.

“Globally we are seeing increased recognition that climate change is real and that it’s a crisis, we are also seeing recognition that we are not making as much progress on decarbonizing our electricity system as we thought,” he said. “Canadians are ready to take a fresh look at nuclear and see the real facts.”

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Ontario Pumped Storage advances as Ontario's largest energy storage project, delivering clean electricity, long-duration capacity, and grid reliability for peak demand, led by TC Energy and Saugeen Ojibway Nation, with IESO review underway.

Key Points

A long-duration storage project in Meaford storing clean power for peak demand, supporting Ontario's emission-free grid.

✅ Stores clean electricity to power 1M homes for 11 hours

✅ Partnership: TC Energy and Saugeen Ojibway Nation

✅ Pending IESO review and OEB regulation decisions

In a bid to accelerate the province's ambitions for clean economic growth, TC Energy Corporation has announced significant progress in the development of the Ontario Pumped Storage Project. The Government of Ontario in Canada has unveiled a plan to address growing energy needs as a sustainable road map aimed at achieving an emission-free electricity sector, and as part of this plan, the Ministry of Energy is set to undertake a final evaluation of the proposed Ontario Pumped Storage Project. A decision is expected to be reached by the end of the year.

Ontario Pumped Storage is a collaborative effort between TC Energy and the Saugeen Ojibway Nation. The project is designed to be Ontario's largest energy storage initiative, capable of storing clean electricity to power one million homes for 11 hours. As the province strives to transition to a cleaner electricity grid by embracing clean power across sectors, long duration storage solutions like Ontario Pumped Storage will play a pivotal role in providing reliable, emission-free power during peak demand periods.

The success of the Project hinges on the approval of TC Energy's board of directors and a fruitful partnership agreement with the Saugeen Ojibway Nation. TC Energy is aiming for a final investment decision in 2024, as Ontario confronts an electricity shortfall in the coming years, with the anticipated in-service date being in the early 2030s, pending regulatory and corporate approvals.

“Ontario Pumped Storage will be a critical component of Ontario’s growing clean economy and will deliver significant benefits and savings to consumers,” said Corey Hessen, Executive Vice-President and President, TC Energy, Power and Energy Solutions. “Ontario continues to attract major investments that will have large power needs — many of which are seeking zero-emission energy before they invest. We are pleased the government is advancing efforts to recognize the significant role that long duration storage plays — firming resources, including new gas plants under provincial consideration, will become increasingly valuable in supporting a future emission-free electricity system.” 

The Municipality of Meaford also expressed its support for the project, recognizing the positive impact it could have on the local economy and the overall electricity system of Ontario. Additionally, various stakeholders, including LiUNA OPDC, LiUNA Local 183, and the Ontario Chamber of Commerce, lauded the potential for job creation, training opportunities, and resilient energy infrastructure as Ontario seeks new wind and solar power to ease a coming electricity supply crunch.

The timeline for Ontario Pumped Storage's progress includes a final analysis by the Independent Electricity System Operator (IESO) to confirm its role in Ontario's electricity system and in balancing demand and emissions during the transition, to be completed by 30 September 2023. Concurrently, the Ministry of Energy will engage in consultations on the potential regulation of the Project via the Ontario Energy Board, while debates over clean, affordable electricity intensify ahead of the Ontario election, with a final determination scheduled for 30 November 2023.

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