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Connect the Dots :: Questions Raised About Senator Reid’s Connection to Bundy Ranch Dispute

Written by  Warren Mass

The standoff between Nevada rancher Cliven Bundy and the federal Bureau of Land Management (BLM) deescalated on April 12, when the bureau announced that it will stop its operation to confiscate Bundy’s cattle.

But another aspect to this ongoing story is jumping: The blogosphere is alive with allegations that Senator Harry Reid (pictured), and his son, Rory, have motivations of their own for wanting Bundy’s cattle off the disputed lands.

Though the major media announced that a “deal” had been reached between Bundy and the BLM, Bundy explained what transpired differently in an interview with KLAS TV in Las Vegas: “There is no deal here. The citizens of America and Clark County went and took their cattle. There was no negotiations. They took these cattle. They are in possession of these cattle and I expect them to come home soon.”

The BLM stated in its statement released on April 12: “Based on information about conditions on the ground, and in consultation with law enforcement, we have made a decision to conclude the cattle gather because of our serious concern about the safety of employees and members of the public.”

The BLM’s language made apparent that the bureau still regarded its actions “to remove illegal cattle from federal land consistent with court orders” as being legally justified:

This is a matter of fairness and equity, and we remain disappointed that Cliven Bundy continues to not comply with the same laws that 16,000 public lands ranchers do every year. After 20 years and multiple court orders to remove the trespass cattle, Mr. Bundy owes the American taxpayers in excess of $1 million. The BLM will continue to work to resolve the matter administratively and judicially.

As William F. Jasper noted in his April 11 article about the standoff, however, there was more to the federal action to remove Bundy’s cattle from “public lands” (where they are, allegedly, damaging the “fragile” habitat of the protected desert tortoise) than has been widely reported:

According to Bundy, whose family has been ranching in the area since the 1800s, the BLM’s armed invasion and occupation of Nevada has nothing to do with protecting the tortoise and everything to do with running him off the land, as it has already done to all of the other ranchers in Clark County.

As for the BLM’s assertion that its actions “to remove illegal cattle” are legally justified, among the many points that Joe Wolverton II made in his April 12 article charging that the seizure of Bundy’s cattle was unconstitutional was this citation from Section 1 of the Nevada constitution, titled “Inalienable Rights”:

All men are by Nature free and equal and have certain inalienable rights among which are those of enjoying and defending life and liberty; Acquiring, Possessing and Protecting property and pursuing and obtaining safety and happiness.

Wolverton observed: “Despite the Nevada constitution’s capitulation to supreme federal authority (authority, remember, that does not exist in the Constitution) … it could be argued [that the above-quoted language from Section 1] supersedes the other article’s cession of state and popular sovereignty.”

That which is unconstitutional, therefore, cannot properly be called legal.

As the tension between Bundy and the BLM ratchets down, a number of conservative bloggers and pundits have raised questions about another angle in this case: Does the BLM want Bundy’s cattle off the land his family has worked for over 140 years in order to free up the land for the construction of solar panel power stations?

That question was prompted, in part, by since-deleted information previously posted on the BLM website, information retrieved from Google’s cache.

The text of a BLM document retrieved from Google’s cache and posted by Liberty News Online contains the following chronology of events:

• “In 1993, some of the terms of Mr. Bundy’s grazing permit for the Bunkerville allotment were modified to protect the desert tortoise.”

• “In 1998, the United States filed a civil complaint against Mr. Bundy for his continued trespass grazing in the Bunkerville Allotment.”

• “In 1999, the Las Vegas Field Office Resource Management Plan designated the Bunkerville allotment as ‘Closed to Grazing’ to protect desert tortoise habitat.”

• “In March 2011, BLM counted 903 cattle from a helicopter spread out over approximately 90 miles in northeast Clark County within the Gold Butte area … 41 percent had either brands or earmarks registered to Cliven Bundy.”

• “In May 2012, the United States filed a Complaint seeking declaratory and injunctive relief for Cliven Bundy’s trespass grazing within the Gold Butte area outside the Bunkerville Allotment.”

A PDF of the BLM’s document, “Regional Mitigation strategy for the Dry Lake Solar energy Zone: Technical Note 444,” produced by the BLM in March, can be found online.

Technical Note 444 states that the “’Regional Mitigation Strategy for the Dry Lake Solar Energy Zone’ recommends a strategy for compensating for certain unavoidable impacts that are expected from the development of the Dry Lake Solar Energy Zone (SEZ) in southern Nevada.”

Technical Note 444 states: “The resource values found in the Gold Butte ACEC are threatened by: unauthorized activities, including off-road vehicle use, illegal dumping, and trespass livestock grazing ; wildfire; and weed infestation.” (Emphasis added.)

The above-referenced BLM “Technical Note 444” specifically mentions the Gold Butte Area of Critical Environmental Concern (ACEC) 76 times. While the document expresses many environmental concerns, including “trespass livestock grazing,” it is important to keep in mind that the title of the document reveals the BLM’s ultimate objective, which is to create a “solar energy zone.”

One of the references listed in Technical Note 444 is “Final Programmatic Environmental Impact Statement (PEIS) for Solar Energy Development in Six Southwestern States. FES 12- 24, DOE/EIS-0403,” published jointly by the Bureau of Land Management (BLM) and the U.S. Department of Energy (DOE). The PEIS, notes TN 444, “assessed the impact of utility-scale solar energy development on public lands in the six southwestern states of Arizona, California, Colorado, Nevada, New Mexico, and Utah.”

The BLM and the DOE’s joint venture is — stated concerns about tortoises aside — about the generation of solar energy.

An article published by The New American in September 20012 noted that Rory Reid, the eldest son of Senate Majority Leader Harry Reid (D-Nev.), is the chief representative for ENN Energy Group, a Chinese firm planning to build a $5-billion solar plant on public land in Laughlin, Nevada.

The plan generated a great deal of controversy because Clark County officials voted to sell ENN the public land for $4.5 million, a figure far below its $38.6-million appraised value.

It is important to recognize that the land on which Bundy grazes his cattle is not the same land that ENN sought near Laughlin, which is over 200 miles away. However, the Bundy grazing land is within the BLM’s Dry Lake Solar Energy Zone, an area the BLM and DOW also want to use for “utility-scale solar energy development,” whether constructed by ENN or someone else. As blogger and candidate for the U.S. House of Representatives from California’s 8th District Rodney Lee Conover recently wrote:

As part of the plan for the Dry Lake solar zone, any solar developers are expected to pay into a fund to “mitigate” the Gold Butte area. However, the “mitigation” activities can’t take place with cattle grazing in the area. If the mitigation doesn’t take place, no money for the BLM.

Conover’s assertions are supported by the BLM’s document entitled “Cattle Trespass Impacts,” which states that grazing by Bundy’s cattle “impacts” solar development, more specifically the construction of “utility-scale solar power generation facilities” on “public lands.”

“Non-Governmental Organizations have expressed concern that the regional mitigation strategy for the Dry Lake Solar Energy Zone utilizes Gold Butte as the location for offsite mitigation for impacts from solar development, and that those restoration activities are not durable with the presence of trespass cattle,” an article by Kit Daniels posted by Infowars quoted the document.

Motivations are not always easy to prove, but in this case, Senator Reid’s hand has shown up more than once. The BLM’s principal deputy director, Neil Kornze, previously served as Senator Reid’s senior policy advisor. And we have noted Rory Reid’s role as the chief representative for China’s ENN Energy Group, which has sought to develop solar energy in Nevada. Whether these suspicions are proof of wrongful or illegal acts remains to be seen.

However, one thing is evident from what has transpired in Nevada: The federal government has reneged on a long-standing arrangement made by a rancher in good faith by which he and his family have earned a living for generations. In so doing, they have run roughshod over the rights of a U.S. citizen and have employed constitutionally dubious means to do so. If justice prevails, some judge with respect for the Constitution may follow the example of Chief Judge Robert C. Jones of the Federal District Court of Nevada. Last year — in the case of U.S. v. Hage — Jones issued an impassioned preliminary bench ruling in which he charged federal officials of the U.S. Forest Service (USFS) and the Bureau of Land Management (BLM) with an ongoing series of illegal actions against Nevada rancher E. Wayne Hage. Jones described the bureaucrats’ actions as “abhorrent” and a literal, criminal conspiracy.

Which is a pretty apt description of the BLM’s recent actions against Cliven Bundy.

Related articles:

Last Man Standing: Nevada Ranch Family in Fedgov Face-off

Bundy’s Case: Feds Do Not Own the Land Where His Cattle Graze

BLM’s Seizure of Nevada Rancher’s Land Rights Unconstitutional

Harry Reid Bolsters Son’s Interests in Chinese Solar Plant Deal

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USA: Magnolia LNG Wins DOE Approval for FTA Exports

Liquefied Natural Gas Limited said that the Office of Fossil Energy of the Department of Energy (DOE), United States, has granted authorisation for Magnolia LNG to export up to 4 mpta of LNG, from its proposed LNG project site at the Port of Lake Charles, Louisiana.

The DOE authorisation is valid for LNG sales to commence within 10 years and is then for a period of 25 years from first LNG sales; which sales are permitted to all existing, and any future, countries that have, or enter into, a Free Trade Agreement with the Government of the United States.

The Magnolia LNG Project comprises the proposed development of an 8 mtpa LNG project on a 90 acres site, in an established LNG shipping channel in the La ke Charles District. The project is based on two 4 mtpa development phases, each phase comprising 2 x 2 mtpa LNG production trains, and will use the Company’s wholly owned OSMR ® LNG process technology.

The DOE authorisation, follows the Company’s recent si gning of a Site Option to Lease Term Sheet, with the Lake Charles Harbour & Terminal District (Port Authority. The Company is now:

  • Negotiating a definitive and binding Real Estate Le ase Option Agreement with the Port Authority, together with the agreed form of Lease to be executed on Magnolia LNG, LLC exercising the site Lease Option;
  • In discussion with a number of parties who have expr essed interest to enter in to a Tolling Agreement, under which the Tolling Party will be responsible for arranging gas suppl y to the Magnolia LNG Project and the LNG buyers and ships. The Magnolia LNG Project will treat and liquefy the gas, store the produced LNG and load the LNG onto the LNG buyer’s ships, in consideration of a Capacity Fee and Processing Fee; and
  • Progressing work on the Magnolia LNG Project’s Pre File Application, which is required to be submitted to the Federal Energy Regulatory Co mmittee and represents the commencement of the project’s required permits and approvals process.

Managing Director Maurice Brand said “We are very pleased that the DOE authorisation had been received in accordance with the Company’s developmen t schedule. Our ability to meet key milestones will be a critical factor in discussions with potential Tolling Parties.”

USA: Magnolia LNG Wins DOE Approval for FTA Exports LNG World News.

Golden Pass Products Wins Approval from U.S. DOE to Export LNG

Golden Pass Products said it has received authorization from the United States Department of Energy to export domestically produced natural gas as liquefied natural gas from the Golden Pass LNG terminal in Sabine Pass, Texas, to nations that have existing Free Trade Agreements (FTA) with the U.S.

The proposed project involves construction of natural gas liquefaction and export capabilities at the existing Golden Pass LNG facility. If developed, the project would represent approximately $10 billion of investment on the U.S. Gulf Coast, generating billions of dollars of economic growth at local, state and national levels and millions of dollars in taxes to local, state and federal governments. The project would generate approximately 9,000 construction jobs over five years with peak construction employment reaching about 3,000 jobs.

The proposed project would have the capacity to send out approximately 15.6 million tons of LNG per year. New infrastructure required to export will be located on the existing property, which contains two berths for LNG tankers, five storage tanks and access to the Golden Pass pipeline. The expanded facility would then have the capability and flexibility to both import and export natural gas.

As noted in the FTA application, Golden Pass also plans to submit an application to export LNG to non-FTA nations. A final investment decision will be made following government and regulatory approvals and will be based on a range of factors.

Golden Pass Products Wins Approval from U.S. DOE to Export LNG LNG World News.

USA: Golden Pass Files with DOE to Export LNG

Golden Pass Products, a partnership of Qatar Petroleum International and ExxonMobil affiliates, has submitted an application to the U.S. Department of Energy (DOE) to export liquefied natural gas (LNG) from the Golden Pass LNG receiving terminal at Sabine Pass, Texas.

The proposed project involves construction of natural gas liquefaction and export capabilities at the existing Golden Pass LNG facility. A final investment decision will be made following government and regulatory approvals.

If developed, the project would represent approximately $10 billion of investment on the Gulf Coast, generating billions of dollars of economic growth at local, state and national levels and millions of dollars in taxes to local, state and federal governments. The project would generate approximately 9,000 construction jobs over five years with peak construction employment reaching about 3,000 jobs.

The proposed project would have the capacity to send out approximately 15.6 million tons of LNG per year. New infrastructure required to export will be located on the existing property, which currently contains two berths for LNG tankers, five storage tanks and access to the Golden Pass pipeline. The expanded facility would then have the capability and flexibility to both import and export natural gas.

The proposed expansion of Golden Pass is an opportunity to capitalize on America’s abundant natural gas resources. The Energy Information Administration’s Annual Energy Outlook 2012 shows that the United States has substantial gas supplies that can support gas exports, including LNG exports, over the longer term.

The application filed with the DOE is to export natural gas to nations that have existing free trade agreements (FTA) with the United States. A similar application is planned for non-FTA countries.

Source

U.S. Expected to Approve Expanded LNG Exports to Japan

The US policy of LNG exports to Japan is expected to see a significant change in near future as more export approvals are considered.

A report published by Baker & McKenzie has said that last year the US government approved exports from a second terminal, and decisions on eight other applications for export approval are expected later this year.

Implications for Japanese LNG buyers and investors

The report stressed that expanded U.S. LNG exports represents an opportunity not only for Japanese LNG buyers to diversify their supply sources with shale gas but also at more competitive pricing linked to Henry Hub prices rather than oil prices.  Japanese companies also could establish value chains in the U.S. by investing in projects to build export facilities and by acquiring interests in shale gas fields.

Since 1967 the Kenai LNG Plant in Alaska, which produced all eight of the LNG cargoes shipped from the U.S. to Japan in 2011, had been the only LNG plant with export approval.  This changed last year when the Sabine Pass facility in Louisiana obtained export approval.  Eight other applications for export approval are now pending.

Export approval process and outlook

Under the Natural Gas Act gas exports require permission from the federal government.  Such permission is only granted if the Department of Energy (DOE) determines that the proposed exports are consistent with the public interest.  Exports to 17 countries which have free trade agreements (FTAs) with the U.S. are deemed consistent with the public interest and the DOE must approve exports to these countries “without modification or delay”.  In contrast, approvals for exports to non-FTA countries, including Japan, are subject to a lengthy public interest finding process which allows for comments, protests, and motions to intervene from interested parties.

The applicable legislation does not require the DOE to take action on applications within a certain timeframe.  After Sabine Pass received approval for exports to non-FTA countries in May last year, the DOE suspended consideration of all applications pending the results of a study on the impact of exports on the domestic energy market.  This followed complaints from some U.S. lawmakers who were concerned that exports might increase domestic prices.  The domestic market impact study was initially scheduled to be completed by the first quarter of this year, but it is still pending and is now expected to be completed later this summer.  Accordingly, none of the pending applications are likely to be approved until the fourth quarter of this year at the earliest.

There are, however, some reasons to believe there is political support for expanding LNG exports to non-FTA countries such as Japan.  For example, on July 2, 2012, a bipartisan group of 21 members of Congress from states with shale gas deposits sent a letter to Energy Secretary Steven Chu urging the DOE to expedite the pending LNG export applications.  In February, Secretary Chu said he supports LNG exports, and Prime Minister Yoshihiko Noda also said he discussed expanding LNG exports when he met with President Barack Obama on April 30, 2012.

Actions to consider 

• Conduct preliminary due diligence on LNG projects with pending non-FTA export approval applications, as these projects are likely to be now seeking LNG buyers and equity investors.

• Monitor the DOE’s non-FTA export approval process.

• Investigate the compatibility of LNG produced from U.S. shale gas with regasification facilities and pipeline networks in Japan

Conclusion

Given the currently wide differential between the Henry Hub spot price used for trading on the New York Mercantile Exchange (NYMEX) and JCC pricing, expanded LNG exports produced from U.S. shale gas fields is a potential game changer for the gas market in Northeast Asia, and Japan in particular.  From the Japanese buyer’s perspective, it is clear that approvals for further export terminals is an important development to monitor in order to position themselves as potential buyers and equity investors.  For more information, please contact Colin Cook or Hiromitsu Kato.

Source: Baker & McKenzie via: Source

USA: Sierra Club Opposes Cameron LNG Export Plans

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The Sierra Club filed a formal protest to the U.S. Department of Energy (DOE) on Tuesday, challenging a proposal to export billions of cubic feet of domestic natural gas from a facility on Lake Charles in Cameron Parish, LA.

The Sierra Club’s protest challenges natural gas companies’ efforts to secure liquefied natural gas (LNG) export licenses without acknowledging its damaging effects. DOE is currently studying the effects of exporting as much as a fifth of the domestic gas supply, and the Sierra Club calls for similar studies of the public health and environmental damage caused by increased fracking.

The Sierra Club’s challenge contends that the Cameron export proposal would lead to increased air and water pollution in Louisiana and Texas and raise domestic natural gas prices. The filing calls for a full Environmental Impact Statement to study the extent of this proposed facility’s environmental damages before DOE makes any final decisions. Weighing these threats is particularly important because the oil and gas industry currently exploits numerous loopholes and exceptions in federal safeguards, putting the health and safety of Americans at risk.

This filing is the fifth protest the Sierra Club has brought before DOE and other regulatory bodies, opposing LNG export facilities. The other challenges were filed against Cove Point, MD, Sabine Pass, LA, Coos Bay, OR, and Freeport, TX.

Source

Steven Chu on Solyndra: Enough already !!!

Energy Secretary Steven Chu has just about had it with House Republican accusations about Solyndra and other clean-energy companies that won billions of dollars in federal loan guarantees.

“After hundreds of thousands of pages of documents sent over, there’s not any whiff that this was a politically influenced decision,” Chu told reporters Tuesday shortly after wrapping up House committee testimony on the controversial program. “That’s true of all the loans.”

Chu’s frustration was apparent after spending more than two hours before the Oversight and Government Reform Committee answering pointed GOP questions concerning his handling of more than $14.5 billion in stimulus-funded loan guarantees.

Earlier in the day, Rep. Darrell Issa’s panel released a blistering report claiming Chu had “turned a blind eye to the risks” associated with many of the companies applying for the loan guarantees, putting billions of dollars in taxpayer money in jeopardy.

During the hearing, House Republicans peppered Chu with questions about a “revolving green door” of current and former Obama administration officials and campaign fundraisers who have connections to the stimulus-funded loan guarantee winners.

Rep. Jim Jordan (R-Ohio) asked Chu whether his decisions had been influenced by several specific people tied to the administration, including former National Economic Council Chairman Larry Summers, who before joining the White House worked as a part-time managing director at D.E. Shaw, a New York-based investment firm that has an ownership stake in the Kahuku Wind project.

Chu replied that Summers’s connections to the Hawaii wind farm had nothing to do with it securing a $117 million loan guarantee in July 2010.

The DOE chief also had similar replies when asked about Commerce Secretary John Bryson, who before joining the administration sat on the board of directors at BrightSource, which won a $1.6 billion loan guarantee in April 2011 to support the Ivanpah Solar Energy Generating System in California’s Mojave Desert; Nancy-Ann DeParle, a deputy White House chief of staff for policy who served on the board of directors at Noble Environmental Power, the owner of the Granite Reliable wind energy project that won a partial $168.9 million loan guarantee last September; and Michael Froman, a deputy assistant to Obama and deputy national security adviser who worked at Citigroup, a major investor in SolarReserve, winner last September of a $737 million loan guarantee.

“There seems to be a pattern,” said Rep. Jason Chaffetz (R-Utah). “There’s so many names on this list. I just want to know personally what are you doing to follow through on our concerns that these people are personally financially benefiting from the decisions that they’re in positions to influence people when they have major financial gain on the upside of these loans.”

Chu responded that all of the DOE loan guarantees got greenlights based on their merits and without White House involvement. The DOE chief also said he hadn’t referred any of the specifics to the department’s inspector general, though he said he’d ask the DOE general counsel to review whether any of the officials breached a “firewall” designed to stop such conflict of interest concerns.

“We will look into this,” Chu told reporters after the hearing. “But again it’s easy to raise something and say, ‘Oh, by the way, this person had a connection to that company.’ Then there’s a big leap to say we funded the company because of it.”

Chu noted prominent Republicans and GOP donors have ties to some of the stimulus winners. But he also noted, “It’s not relevant to what we funded and that’s the bottom line.”

This article first appeared on POLITICO Pro at 3:59 p.m. on March 20, 2012.

Steven Chu on Solyndra: Enough already – Darren Samuelsohn – POLITICO.com.

DOE Releases Reports on Major Potential of Wave and Tidal Energy Offshore USA

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The U.S. Department of Energy (DOE) released two nationwide resource assessments showing that waves and tidal currents off the nation’s coasts could contribute significantly to the United States’ total annual electricity production, further diversify the nation’s energy portfolio, and provide clean, renewable energy to coastal cities and communities.

These new wave and tidal resource assessments, combined with ongoing analyses of the technologies and other resource assessments, show that water power, including conventional hydropower and wave, tidal, and other water power resources, can potentially provide 15% of our nation’s electricity by 2030. The reports represent the most rigorous analysis undertaken to date to accurately define the magnitude and location of America’s ocean energy resources. The information in these resource assessments can help to further develop the country’s significant ocean energy resources, create new industries and new jobs in America, and secure U.S. leadership in an emerging global market.

The United States uses about 4,000 terawatt hours (TWh) of electricity per year. DOE estimates that the maximum theoretical electric generation that could be produced from waves and tidal currents is approximately 1,420 TWh per year, approximately one-third of the nation’s total annual electricity usage. Although not all of the resource potential identified in these assessments can realistically be developed, the results still represent major opportunities for new water power development in the United States, highlighting specific opportunities to expand on the 6% of the nation’s electricity already generated from renewable hydropower resources.

The two reports—”Mapping and Assessment of the United States Ocean Wave Energy Resource” and “Assessment of Energy Production Potential from Tidal Streams in the United States”—calculate the maximum kinetic energy available from waves and tides off U.S. coasts that could be used for future energy production, and which represent largely untapped opportunities for renewable energy development in the United States.

The West Coast, including Alaska and Hawaii, has especially high potential for wave energy development, while significant opportunities for wave energy also exist along the East Coast. Additionally, parts of both the West and East Coasts have strong tides that could be tapped to produce energy.

Earlier this year, DOE announced the availability of its national tidal resource database, which maps the maximum theoretically available energy in the nation’s tidal streams. This database contributed to the “Assessment of Energy Production Potential from Tidal Streams in the United States” report, prepared by Georgia Tech.

The wave energy assessment report, titled “Mapping and Assessment of the United States Ocean Wave Energy Resource,” was prepared by the Electric Power Research Institute (EPRI), with support and data validation from researchers at Virginia Tech and DOE’s National Renewable Energy Laboratory (NREL). The report describes the methods used to produce geospatial data and to map the average annual and monthly significant wave height, wave energy period, mean direction, and wave power density in the coastal United States. NREL incorporated the data into a new marine and hydrokinetic energy section in their U.S. Renewable Resource atlas.

In addition to the wave and tidal resource assessments released , DOE plans to release additional resource assessments for ocean current, ocean thermal gradients, and new hydropower resources in 2012. To support the development of technologies that can tap into these vast water power resources, DOE’s Water Power Program is undertaking a detailed technical and economic assessment of a wide range of water power technologies in order to more accurately predict the opportunities and costs of developing and deploying these innovative technologies. The Program is currently sponsoring over 40 demonstration projects that will advance the commercial readiness of these systems, provide first-of-a-kind, in-water performance data that will validate cost-of-energy predictions, and identify pathways for large cost reductions.

These resource assessments, techno-economic assessments, and technology demonstration projects are critical elements of DOE’s strategy to capture the very real opportunities associated with water power development, and to further define the path to supplying 15% of the nation’s electricity through water power technologies.

DOE’s Office of Energy Efficiency and Renewable Energy invests in clean energy technologies that strengthen the economy, protect the environment, and reduce dependence on foreign oil. DOE’s Water Power Program is paving the way for industry and government to make sound investment and policy decisions about the deployment of renewable water power technologies by quantifying the nation’s theoretically available water power resources.

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