COMMISSION ISSUES FINAL DECEMBER 14, 2023 AGENDA

ALBANY, NY – The Public Service Commission announced today that it will hold its next regular session beginning at 10:30 A.M., on Thursday, December 14, 2023. The session will be held in the Commission’s offices located at Three Empire State Plaza, 19th Floor, Albany, New York and 90 Church Street, 4th Floor Boardroom, New York, New York.

MEETING WILL BE BROADCAST ON THE INTERNET AT:

https://dps.ny.gov/event/december-2023-public-service-commission-session

-VIDEOCASTING TO PSC’S NYC OFFICES AVAILABLE-

(See instructions on last page of Agenda)

The session agenda is as follows:

To view documents related to PSC Cases below, visit:

https://dps.ny.gov/file-search

REGULAR AGENDA ITEMS Items To Be Resolved Through Discussion

Item	PSC Case
		GAS
101	22-G-0610	NATIONAL FUEL GAS DISTRIBUTION CORPORATION - In the Matter of a Review of the Long-Term Gas System Plan.
		POWER
301	18-E-0130	In the Matter of Energy Storage Deployment Program.

No items will be considered on the Regular Agenda for GENERAL, WATER, COMMUNICATIONS and CABLE.

CONSENT AGENDA

This agenda consists of items that, by their nature, can be decided by the Commission on the basis of written reviews and analyses previously made available to the Commissioners and do not require discussion at the Session.

Item	PSC Case
GAS
161-A		In the Matter of an Enforcement Proceeding for Alleged Violation of 16 NYCRR Part 753 - Protection of Underground Facilities (Penalty Determination Orders).
	23-G-0635	HF JOHNSON TREE FARM LLC / CENTRAL HUDSON GAS & ELECTRIC CORPORATION.
	23-G-0636	GF CONSTRUCTION INC / KEYSPAN GAS EAST CORPORATION D/B/A NATIONAL GRID.
	23-G-0637	BG ELECTRIC INC. / NIAGARA MOHAWK POWER CORPORATION, D/B/A NATIONAL GRID.
	23-G-0638	AL FELICIONI ENTERPRISES INC / KEYSPAN GAS EAST CORPORATION D/B/A NATIONAL GRID.
	23-G-0639	BURROWS BROS., INC. / ROCHESTER GAS AND ELECTRIC CORPORATION.
	23-G-0640	PLUMBING WORKS, INC. / CONSOLIDATED EDISON COMPANY OF NEW YORK, INC.
	23-G-0641	PORTANOVA & DIMATTEO SONS LLC / CONSOLIDATED EDISON COMPANY OF NEW YORK, INC.
	23-G-0642	ROCK ENVIRONMENTAL, INC. / NEW YORK STATE ELECTRIC & GAS CORPORATION.
	23-G-0643	TOM BUSKE & SON CONSTRUCTION, LLC / ORANGE AND ROCKLAND UTILITIES, INC.
	23-G-0644	CRISAFULLI TRUCKING, INC. / NIAGARA MOHAWK POWER CORPORATION, D/B/A NATIONAL GRID.
	23-G-0645	J. BROWNIE CONTRACTING INC. / KEYSPAN GAS EAST CORPORATION D/B/A NATIONAL GRID.
	23-G-0646	MOOREGROUP CORPORATION / KEYSPAN GAS EAST CORPORATION D/B/A NATIONAL GRID.
	23-G-0647	SAHIB CONTRACTING INC. / KEYSPAN GAS EAST CORPORATION D/B/A NATIONAL GRID.
	23-G-0648	AL FELICIONI ENTERPRISES INC / KEYSPAN GAS EAST CORPORATION D/B/A NATIONAL GRID.
	23-G-0649	AL FELICIONI ENTERPRISES INC / KEYSPAN GAS EAST CORPORATION D/B/A NATIONAL GRID.
161-B		In the Matter of an Enforcement Proceeding for Alleged Violation of 16 NYCRR Part 753 - Protection of Underground Facilities (Consent Order Approvals).
	23-G-0628	TOWN OF OYSTER BAY / KEYSPAN GAS EAST CORPORATION D/B/A NATIONAL GRID.
	23-G-0629	CITY OF TROY DEPARTMENT OF PUBLIC UTILITIES / NIAGARA MOHAWK POWER CORPORATION, D/B/A NATIONAL GRID.
	23-G-0630	SHEELIN CONCRETE CONTRACTING CORP. / KEYSPAN GAS EAST CORPORATION D/B/A NATIONAL GRID.
	23-G-0631	JAG LAWN SPRINKLERS AND CONSTRUCTION INC / KEYSPAN GAS EAST CORPORATION D/B/A NATIONAL GRID.
	23-G-0632	STANDBACK GENERAL CONTRACTORS, LLC / CENTRAL HUDSON GAS & ELECTRIC CORPORATION.
	23-G-0633	JRCRUZ CORP. / CONSOLIDATED EDISON COMPANY OF NEW YORK, INC.
	23-G-0634	J. ANTHONY ENTERPRISES INC. / KEYSPAN GAS EAST CORPORATION D/B/A NATIONAL GRID.
161-C		In the Matter of an Enforcement Proceeding for Alleged Violation of 16 NYCRR Part 753 - Protection of Underground Facilities (Petitions for Rehearing).
	22-G-0516	VIBBARD ENTERPRISE PAVING AND CONSTRUCTION / NIAGARA MOHAWK POWER CORPORATION D/B/A NATIONAL GRID.
	22-G-0682	A SEPTIC SERVICE LLC / NIAGARA MOHAWK POWER CORPORATION D/B/A NATIONAL GRID.
	23-G-0068	STEVE MEYERS CONSTRUCTION, INC. / NIAGARA MOHAWK POWER CORPORATION D/B/A NATIONAL GRID.
	23-G-0259	NC & SON CONSTRUCTION, LLC / KEYSPAN GAS EAST CORPORATION D/B/A NATIONAL GRID.
	23-G-0260	NC & SON CONSTRUCTION, LLC / KEYSPAN GAS EAST CORPORATION D/B/A NATIONAL GRID.
	23-G-0264	NENNI CONSTRUCTION & EXCAVATING INC / CENTRAL HUDSON GAS & ELECTRIC CORPORATION.
	23-G-0331	TERRI ASSOCIATES LANDSCAPE CORP. / KEYSPAN GAS EAST CORPORATION D/B/A NATIONAL GRID.
162	22-G-0464	In the Matter of the Filing of Annual Reconciliation of Gas Expenses and Gas Cost Recoveries.
163	21-G-0394	CORNING NATURAL GAS CORPORATION - Proceeding on Motion of the Commission as to the Rates, Charges, Rules and Regulations for Gas Service.
164	23-G-0610	CROTONA PARK WEST H.D.F.C - In the Matter of the Rules and Regulations of the Public Service Commission, Contained in 16 NYCRR in Relation to Complaint Procedures - Appeal of the Informal Decision Rendered in Favor of Consolidated Edison Company of New York, Inc. (216074).
165	22-G-0699	KEYSPAN GAS EAST CORPORATION D/B/A NATIONAL GRID - Petition Pursuant to PSL Section 70, for Approval to Lease Certain Real Property in the Village of Sag Harbor to 11 Bridge Street, LLC with an Original Cost of Less Than $100,000.
166	23-G-0408	KENDALL HALL/REVONA PROPERTIES - In the Matter of the Rules and Regulations of the Public Service Commission, Contained in 16 NYCRR in Relation to Complaint Procedures - Appeal of the Informal Decision Rendered in Favor of Consolidated Edison Corporation of New York, Inc. (Case 144904).
167	22-G-0293	THE BROOKLYN UNION GAS COMPANY D/B/A NATIONAL GRID NY - In the Matter of the Rules and Regulations of the Public Service Commission, Contained in 16 NYCRR in Relation to Complaint Procedures - Appeal of the Informal Decision Rendered in Favor of Brooklyn United Methodist Church Home (021836).
		GENERAL
261	17-E-0238	NIAGARA MOHAWK POWER CORPORATION D/B/A NATIONAL GRID - Proceeding on Motion of the Commission as to the Rates, Charges, Rules and Regulations for Electric Service.
	17-G-0239	NIAGARA MOHAWK POWER CORPORATION D/B/A NATIONAL GRID - Proceeding on Motion of the Commission as to the Rates, Charges, Rules and Regulations for Gas Service.
	19-G-0309	THE BROOKLYN UNION GAS COMPANY D/B/A NATIONAL GRID NY - Proceeding on Motion of the Commission as to the Rates, Charges, Rules and Regulations for Gas Service.
	19-G-0310	KEYSPAN GAS EAST CORPORATION D/B/A NATIONAL GRID - Proceeding on Motion of the Commission as to the Rates, Charges, Rules and Regulations for Gas Service.
	20-E-0380	NIAGARA MOHAWK POWER CORPORATION D/B/A NATIONAL GRID - Proceeding on Motion of the Commission as to the Rates, Charges, Rules and Regulations for Electric Service.
	20-G-0381	NIAGARA MOHAWK POWER CORPORATION D/B/A NATIONAL GRID - Proceeding on Motion of the Commission as to the Rates, Charges, Rules and Regulations for Gas Service.
262		There is no Item 262.
263		There is no Item 263.
264	23-S-0407	1080 FIFTH AVENUE (BHS) - In the Matter of the Rules and Regulations of the Public Service Commission, Contained in 16 NYCRR in Relation to Complaint Procedures - Appeal of the Informal Decision Rendered in Favor of Consolidated Edison Corporation of New York, Inc. (Case 940099).
265	22-M-0536	SOURCE POWER - Proceeding on Motion of the Commission of the Investigation into Billing Issues.
266	23-E-0418	CENTRAL HUDSON GAS & ELECTRIC CORPORATION - Proceeding on Motion of the Commission as to the Rates, Charges, Rules and Regulations for Electric Service.
	23-G-0419	CENTRAL HUDSON GAS & ELECTRIC CORPORATION - Proceeding on Motion of the Commission as to the Rates, Charges, Rules and Regulations for Gas Service.
267	20-E-0380	NIAGARA MOHAWK POWER CORPORATION D/B/A NATIONAL GRID - Proceeding on Motion of the Commission as to the Rates, Charges, Rules and Regulations for Electric Service.
	20-G-0381	NIAGARA MOHAWK POWER CORPORATION D/B/A NATIONAL GRID - Proceeding on Motion of the Commission as to the Rates, Charges, Rules and Regulations for Gas Service.
268	22-M-0634	ARLINGTON REFORMED CHURCH - In the Matter of a Commission Designee's Determination Pursuant to PSL Section 52 - Rehearing Petition of the Designee's Determination Rendered in Favor of John Panessa and Linda Zimmerman and Central Hudson Gas & Electric Corporation (170611).
269	23-M-0544	MARK JAMES - In the Matter of the Rules and Regulations of the Public Service Commission, Contained in 16 NYCRR in Relation to Complaint Procedures - Appeal of the Informal Decision Rendered in Favor of Consolidated Edison Company of New York, Inc. (223130).
		POWER
361	23-E-0154	FC ENERGY SERVICES COMPANY LLC - Proceeding on Motion of the Commission to Seek Consequences for Violations of the Uniform Business Practices.
362	22-E-0461	GEORGE R. COWAN - In the Matter of the Rules and Regulations of the Public Service Commission, Contained in 16 NYCRR in Relation to Complaint Procedures - Appeal of the Informal Hearing Decision Rendered in Favor of Niagara Mohawk Power Corporation d/b/a National Grid (156989).
363	10-T-0139	CHAMPLAIN HUDSON POWER EXPRESS, INC. - Application for a Certificate of Environmental Compatibility and Public Need Pursuant to Article VII of the PSL for the Construction, Operation and Maintenance of a High Voltage Direct Current Circuit from the Canadian Border to New York City.
364	22-E-0701	LSE PERSEUS LLC - Petition Regarding Standardized Contract for Interconnection of New Distributed Generation Units and/or Energy Storage Systems with Capacity of 5 MW or Less Connected in Parallel with Utility Distribution Systems for a Solar Photovoltaic Facility Located at 260 Hunt Creek Road, Nichols.
365	22-E-0702	LSE PISCES LLC - Petition Regarding Standardized Contract for Interconnection of New Distributed Generation Units and/or Energy Storage Systems with Capacity of 5 MW or Less Connected in Parallel with Utility Distribution Systems for a Solar Photovoltaic Facility Located at Smith Creek Road, Nichols.
366	20-T-0617	SUNRISE WIND LLC - Application for a Certificate of Environmental Compatibility and Public Need for the Construction of Up to 6.2 Miles (320 kilovolt [kV]) of Direct Current (DC) Submarine Export Cable from the New York State Territorial Waters Boundary to the Smith Point County Park on Fire Island in the Town of Brookhaven in Suffolk County and Up to 17.5 Miles (320 kV) of Onshore Transmission Cable from the Landfall at Fire Island to a New Onshore Converter Station in the Town of Brookhaven and Up to 1 Mile (138 kV) of Alternating Current (AC) Onshore Interconnection Cable Connecting to the Existing Holbrook Substation in the Town of Brookhaven in Suffolk County.
367	21-T-0366	EMPIRE OFFSHORE WIND LLC - Application for a Certificate of Environmental Compatibility and Public Need for the Construction of Approximately 17.5 Miles of Transmission Lines from the Boundary of New York State Territorial Waters to a Point of Interconnection in Brooklyn, Kings County.
368	21-T-0059	ALLE-CATT WIND ENERGY LLC - Application for a Certificate of Environmental Compatibility and Public Need Pursuant to Article VII of the Public Service Law.
369	23-E-0267	GOWCAN OWNER LLC - Notice of Intent to Submeter Electricity at 498 Sackett Street, Brooklyn, Located in the Territory of Consolidated Edison Company of New York, Inc.
370	23-E-0268	GOWCAN OWNER LLC - Notice of Intent to Submeter Electricity at 267 Bond Street, Brooklyn, New York, Located in the Territory of Consolidated Edison Company of New York, Inc.
371	21-E-0259	AMALGAMATED HOUSING CORPORATION ET AL. UTILISAVE, LLC - In the Matter of the Rules and Regulations of the Public Service Commission, Contained in 16 NYCRR in Relation to Complaint Procedures - Appeal of the Informal Decision Rendered in Favor of Consolidated Edison Company of New York, Inc. (017800).
372	23-E-0585	MIKAILA SMITH - In the Matter of the Rules and Regulations of the Public Service Commission, Contained in 16 NYCRR in Relation to Complaint Procedures - Appeal of the Informal Decision Rendered in Favor of New York State Electric & Gas Corporation (260891).
373	23-E-0519	GO SOLAR/GREEN NY LLC - Proceeding on Motion of the Commission to Seek Consequences for violations of the Uniform Business Practices for Distributed Energy Resource Suppliers.
374	23-E-0527	NY SOLAR DOCTORS, LLC - Proceeding on Motion of the Commission to Seek Consequences for violations of the Uniform Business Practices for Distributed Energy Resource Suppliers.
375	23-E-0528	TRUE ENERGY SOLUTIONS, INC. - Proceeding on Motion of the Commission to Seek Consequences for violations of the Uniform Business Practices for Distributed Energy Resource Suppliers.
376	23-T-0539	NIAGARA MOHAWK POWER CORPORATION D/B/A NATIONAL GRID - Petition to Amend its Certificate of Environmental Compatibility and Public Need, Issued in Case 26520, for the Homer City to Stolle Road 345 kV Transmission Facility, Located in the Towns of Yorkshire, Machias, Franklinville, Humphrey, Ischua, Delavan, and Hinsdale, Cattaraugus County, the Town of Genesee, Allegany County, and the Towns of Elma, Marilla, Wales, Colden, Aurora, West Falls, and Sardinia, Erie County.
377	23-E-0523	MAX SOLAR INC. - Proceeding on Motion of the Commission to Seek Consequences for violations of the Uniform Business Practices for Distributed Energy Resource Suppliers.
378	22-E-0708	CONSOLIDATED EDISON COMPANY OF NEW YORK, INC. - Petition for Approval of ABB KOR-20ER Extended Range/High Accuracy Current Transformer.
379	23-E-0405	ORANGE AND ROCKLAND UTILITIES, INC. - Petition for Authority, Pursuant to Public Service Law Section 70, to Transfer Underground Street Lighting Facilities to Town of Ramapo with an Original Value over $100,000.
380	20-F-0043	GARNET ENERGY CENTER, LLC - Application for a Certificate of Environmental Compatibility and Public Need Pursuant to Article 10 to Construct and Operate a Solar Generating Facility and Energy Storage System in the Town of Conquest, Cayuga County.
381	23-E-0521	GREEN VISIONS SOLAR LLC - Proceeding on Motion of the Commission to Seek Consequences for violations of the Uniform Business Practices for Distributed Energy Resource Suppliers.
382	23-E-0525	SOL SUPPLIERS - Proceeding on Motion of the Commission to Seek Consequences for violations of the Uniform Business Practices for Distributed Energy Resource Suppliers.
383	23-E-0518	ENTERSOLAR, LLC - Proceeding on Motion of the Commission to Seek Consequences for violations of the Uniform Business Practices for Distributed Energy Resource Suppliers.
384	23-E-0517	BULLROCK GPS, LLC - Proceeding on Motion of the Commission to Seek Consequences for violations of the Uniform Business Practices for Distributed Energy Resource Suppliers.
385	23-E-0515	ASTRAL POWER, INC. - Proceeding on Motion of the Commission to Seek Consequences for violations of the Uniform Business Practices for Distributed Energy Resource Suppliers.
386	23-E-0304	ORANGE AND ROCKLAND UTILITIES, INC. - Petition for Authority, Pursuant to Public Service Law Section 70, to Transfer Street Lighting Facilities to the Village of Warwick with an Original Cost Over $100,000.
387	17-F-0619	HECATE ENERGY GREENE 1 LLC, HECATE ENERGY GREENE 2 LLC, and HECATE ENERGY GREENE COUNTY 3 LLC - Application for a Certificate of Environmental Compatibility and Public Need Pursuant to Article 10 of the Public Service Law for Construction of a Solar Electric Generating Facility Located in the Town of Coxsackie, Greene County.
388	23-T-0588	NIAGARA MOHAWK POWER CORPORATION D/B/A NATIONAL GRID - Application for Amendments to Certificate of Environmental Compatibility and Public Need Authorizing Removal and Installation of Three-Pole and H-Frame Structures from Existing 115 kV Overhead Electrical Transmission Facility Located in the Town of Portland, Chautauqua County, to Existing Falconer Station Located in the Town of Ellicott, Chautauqua County.
389	22-E-0117	NIAGARA MOHAWK POWER CORPORATION D/B/A NATIONAL GRID - In the Matter of the Rules and Regulations of the Public Service Commission, Contained in 16 NYCRR in Relation to Complaint Procedures - Appeal of the Informal Decision Rendered In Favor of Mr. Benjamin Mikhli/Carnegie Management. (819612).
390	15-E-0302	Proceeding on Motion of the Commission to Implement a Large-Scale Renewable Program and a Clean Energy Standard.
391	21-E-0527	MORDY SOHN - In the Matter of the Rules and Regulations of the Public Service Commission, Contained in 16 NYCRR in Relation to Complaint Procedures - Appeal of the Informal Decision Rendered in Favor of Consolidated Edison Company of New York, Inc. (101044).
392	19-T-0549	Application of LS Power Grid New York, LLC, LS Power Grid New York Corporation I, and the New York Power Authority for a Certificate of Environmental Compatibility and Public Need Pursuant to Article VII for Edic/Marcy to New Scotland; Princetown to Rotterdam Project.
	23-E-0512	Joint Petition of Niagara Mohawk Power Corporation d/b/a National Grid and LS Power Grid New York Corporation I for an Order Approving the Proposed Transfer Pursuant to Section 70 of the New York Public Service Law.
		WATER
461	23-W-0410	SARATOGA WATER SERVICES and VIEW AT 182, LLC - Joint Petition for Approval of an Extension Agreement and Waivers.
462	23-W-0235	LIBERTY UTILITIES (NEW YORK WATER) CORP. - Proceeding on Motion of the Commission as to the Rates, Charges, Rules and Regulations for Water Service.
463	23-W-0684	RURAL ATLANTIC WATER COMPANY, INC. and TOWN OF WARWICK - Joint Petition for Approval to Transfer Water Supply Assets to the Town of Warwick, and Thereafter Dissolve Rural Atlantic Water Company, Inc.
		COMMUNICATIONS
561	23-C-0290	ARCHTOP FIBER LLC, MBS INTERMEDIATE HOLDINGS, LLC; AND ALTEVA OF WARWICK LLC - Joint Petition for Authority, Pursuant to Sections 99 and 100 of the Public Service Law, to Acquire and Transfer Control of Alteva of Warwick LLC.
562	23-C-0348	EMPIRE TELEPHONE CORPORATION - Petition for a Waiver of the Requirements of 16 NYCRR, Section 602.10 (b) Regarding the Distribution of Telephone Directories.
563	15-M-0742	Proceeding on Motion of the Commission to Review the State Universal Service Fund.
		CABLE
661	23-V-0617	VERIZON NEW YORK INC. - Petition for an Order of Entry for 509 Cathedral Parkway, Manhattan.
662		Petitions for Cable Franchise Renewals.
	23-V-0536	COMCAST OF NEW YORK, LLC / VILLAGE OF PAWLING, DUTCHESS COUNTY.
	23-V-0557	SPECTRUM NORTHEAST, LLC / TOWN OF OWEGO, TIOGA COUNTY.
	23-V-0575	SPECTRUM NORTHEAST, LLC / VILLAGE OF WHITESBORO, ONEIDA COUNTY.
	23-V-0584	SPECTRUM NORTHEAST, LLC / VILLAGE OF SACKETS HARBOR, JEFFERSON COUNTY.
	23-V-0592	SPECTRUM NORTHEAST, LLC / CITY OF GENEVA, ONTARIO COUNTY.
	23-V-0596	SPECTRUM NORTHEAST, LLC / TOWN OF HIGHLANDS, ORANGE COUNTY.
	23-V-0598	SPECTRUM NORTHEAST, LLC / TOWN OF WATSON, LEWIS COUNTY.
	23-V-0602	SPECTRUM NORTHEAST, LLC / TOWN OF MACHIAS, CATTARAUGUS COUNTY.
	23-V-0605	SPECTRUM NORTHEAST, LLC / TOWN OF ADAMS, JEFFERSON COUNTY.
	23-V-0608	SPECTRUM NORTHEAST, LLC / TOWN OF BURKE, FRANKLIN COUNTY.

Instructions to Listen to the Webcast of Meeting

The Internet webcast can be accessed at https://dps.ny.gov/calendar.

The listening quality of a live webcast can be adversely affected by various factors including, but not limited to, Internet bandwidth limitations, Internet network congestion, and the configurations and settings on a computer used to access the webcast. If you experience problems listening to a live webcast, you may view it at a later time by accessing an archived copy of the webcast. Archives are available on the Department Web site within two business days after the meeting.

Explanation of Agenda

The agenda is divided into two sections. The Consent Agenda consists of items that because of their nature, can be decided by the Commission on the basis of written reviews and analyses previously made available to the Commission and do not require discussion. Any item on the Consent Agenda can be transferred to the Regular Agenda if discussion is required.

The Regular Agenda consists of items that, by their nature, appear to be best resolved through discussion of matters covered by written reviews and analyses, also available to the Commissioners in advance of the meeting. All Commission meetings are open to the public. However, since adequate forums are available for public participation in cases before the Commission there will be no opportunity for the public to address the Commission. The agenda contained herein is complete at the time of issue, but other items may be added and some agenda items may be removed without further notice.

Proposed draft orders for Regular Agenda items will be posted for public viewing, if feasible, by 6:00 p.m. the day before a Commission meeting. The proposed draft orders will be made available at: https://dps.ny.gov/documents-scheduled-discussion-session.

The posted draft orders will be removed by 6:00 p.m. on the day of the Commission meeting, or when the final order is issued, whichever is earlier. (Clicking on this link at any other time than that noted above will result in “No Documents found.”) The proposed draft order is not the final Commission action, rather, the final determination is the issued order, posted by the Secretary, and available at https://dps.ny.gov, click on “File Search” under “Commission Files” then search the appropriate PSC case number.

Other Matters

If you have difficulty understanding English, please call us at 1-800-342-3377, where you can be connected to free language assistance services regarding this agenda. Persons with disabilities who require a sign language interpreter or other special accommodations should call the Department of Public Service's Human Resources Management office at 518-474-2520. TTD users may call this number through the New York Relay Service at 1-800-662-1220 or have a representative call directly to the office.

All public documents that have been filed or issued before today’s date may be obtained by accessing the Department of Public Service website at https://dps.ny.gov, click on “File Search” under “Commission Files” then search using the appropriate PSC case number.

Next Meeting

The next regularly scheduled meeting will begin at 10:30 A.M., Thursday, January 18, 2024, in Albany, New York.

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