ML20216K085
| ML20216K085 | |
| Person / Time | |
|---|---|
| Site: | 07200022 |
| Issue date: | 06/27/1997 |
| From: | Pete D AFFILIATION NOT ASSIGNED |
| To: | |
| Shared Package | |
| ML20216K048 | List: |
| References | |
| ISFSI, NUDOCS 9709190011 | |
| Download: ML20216K085 (11) | |
Text
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John Paul Kennedy, Sr. (Utah #1796) 1385 Yale Avenue Salt Lake City, Utah S4105 Telephone: (801) 5S3 6170 Attorney for Petitioner Confederated Tribes of the Goshute Reservation bel: ORE Tile UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION IN THE MATTER OF THE < TATE OF
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PRIVATE FUEL STORAGE, LLC
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Docket No. 72-22 (Independent Spent Fuel Storage AFFIDAVIT IN SUPPORT OF Installation).
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REQUEST FOR HEARING and PETITION TO INTERVENE
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OF THE CONFEDERATED TRIBES OF THE GOSHUTE
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RESERVATION and DAVID PETE.
STATE OF UTAH
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SS COUNT ( OF SALT LAKE
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DAVID PETE, beingirst duly sworn on his oath, deposes and states:
1.
He is a petitioner to intervene in the above matter and has personal knowledge of the matters set forth herein. He submits this affidavit in his individual capacity and also his official capacity as a Tribal officer.
2.
He is currently serving as the duly-elected ChaimTan of the Business Council of the Confederated Tribes,sf he Goshute Reservation, Ibapah, Utah (herein, the t
" Tribe"). He is a dulv enrolled member of the Tribe.
14 9709190011 97o9to PDR ADOCK 07200022 C
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- He has given his personal authorization for John Paul Kennedy to represent -
him in this matter.
L 4.
As Chainnan of the Tribe, he knows that John Paul Kennedy is presently
- sening under a contract approved by the Secretary of the Interior as General Counsel -
1 for the Tribe. Mr< Kennedy has authority to represent the Tribe in this proceeding.
5.
The Tribe's Reservation is located on the west side of Tooele County, along the western border of Utah, just south of Ibapah. Tooele County is geographically large, p
but is sparsely inhab!:ed. Most of the area is a part of the " Western High Desert Region" and is charac:erized by wide vistas, beautiful mountains, and salt flats.
Because of the tr>w average rainfall (less than 10 inches annually), plant life is i
panicularly fragile. Moreover, the location of various plants is widely scattered, 4
necessitating that Tribal members travel to various points throughout the area to collect needed plants and nuts.
6, Approximately 450 individuals comprise the current membership of the Tribe, e
l about half of whom reside on the Reservation. Most of the remainder of the Tribe's 4
members reside in surrounding communities. The Tribe's Reservation consists of r,pproximately 150,000 acres, halfin Utah and halfin Nevada. The Tribe is federally
- recognized and is therefore a sovereign entity subject to the plenary control of Congress.
i-15 n
7.
The Skull Vallev Band of Goshutes (one of the participants of PFS and the host for the location of the ISFSI), is a separate federally recognized Indian tribe, J
' consisting of persons who are " cousins" to the Tribal members at Ibapah. The Skull l
Valley Band has oniv about one fourth of the members of the Tribe.
l S.
- When the Goshute Indian claim was filed against the United States, both federally recognized Goshute groups participated in the case and ultimately shared in the final ludgment. The claim was based upon the aboriginal Goshute area which included all of Tooele County and much of the lands surrounding.
9.
The Goshute aboriginal area consisted of about 7.2 million acres and extended
- approximately from Salt Lake City on the east to the Ruby Mountains in Nevada on -
the west, and from the town of Delta, Utah, on the south to the Great Salt Lake on the north. See Indian Claims Commission Docket 326.
10.-
From time immemorial, the Goshutes have hunted, fished, gathered, and lived, died and were buried within their aboriginal area. The proposed location of the ISFSI is entirely within the adjudicated aboriginal area of the Tribe.
. 1.
Today, members of the Tribe, including Affiant, hunt, fish, and gather within the same aboriginal area, including the vicinity of the Skull Valley Reservation. In addition, the Tribe and its members, including Affiant, regard ancient burial sites located within the aboriginal area (including Skull Valley) as sacred places, and from time to time, visit such sites to honor deceased ancestors and relatives.
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_12.
The Tribe's headquaners is located in Tooele County. The headquarters i;
facility contains the Tribe's administrative, education, health, law enforcement, elderly, dav care, and social work offices. Approximately 25 Tribal members are l
employed at the headquarters. In addition, the Tribe owns a welding fabrication 4
l shop located nearby at which 15 to 20 Tribal members have been employed in the past. Currently, the shop is closed, but the Tribe is a'ctively ncgotiating with regard '
I to re opening the facility. The Tribal children attend school at'lbapah and ' iso i
Wendover, both within Tooele County.
13.
The Tribe and its members depend heavily upon ranching for employment and I
income. Some of the Tribe's lands are also leased for grazing by livestock owned by l
non Tribal members. In addition, the Tribe operates a big game hunting enterprise 1
which primarily invcives the harvest of elk on the Reservation. The natural ranging
- .rea of the elk, however, extends off the Reservation toward Dugway and Skull Vallev.
14.
Much of the aboriginal area is used for recreation by the Tribal members :.nd others. The Tribe has begun to develop a tourism business allowing off road vehicles access to certain parts of the Reservation from locations on the Skull Valley side of the Reservation.
- 15.
To date, the Tribe has not been consulted with respect to the proposed ISFSI.
No effort has been made by the Skull Valley Band or PFS to obtain 5 put from the 17
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- Tribe or its members regarding the proposed installation. In June 1997 the Tribe was i
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-invited to' attend an information dissemination meeting, but when it learned that its.
.j' counsel was not welcome at the meeting, elected not to participate.
16.
The Tribe, through its Business Council (the goveming body of the Tribe), has -
adopted a resolution expressing concern about the proposed ISFSI and remains vitally 1
4-l interested in this proposed project.
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17.
He believes that the proposed ISFSI would cause injury in fact to himself and l
l the Tribe and its o:her members, and also that such injury is within the zone of i
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interest protected by the Atomic Energy Act or the National Environmental Poliev l
Act (herein, "NEPA").
- S.
He also believes that the Confederated Tribes of the Goshute Reservation would suffer injury-in fact well within the zone of interest protected by the Atomic Energy Act and NEPA if PFS is allowed to proceed with its proposed ISFSI.
19.
The proposed ISFSI threatens injury to the Tribe and its members that is
-distinct and palpab'e." The injury is also directly " traceable" to the proposed license application and can be redressed for both the Tribe and himself by a decision denving the application.
' 0.
He believes that if the proposed facility is licensed, there is a risk of an 2
accidental radioactive release from the facility that would injure and compromise the health and safety of himself and other Tribal members and the integrity of the natural 18
i eDvironinent, 21.
The Tribe is in part responsible for maintaining its member's health and safety.
n A greater number of health problems or injuries suffered by Tribal members would place a burden on limited Tribal resources in an effort by the Tribe to provide care.
22.
An accidental release could contaminate the air, ground, and surface water, the
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i land, and the surrounding people, animals, and plants. For example,in a cask i.
explosion scenario, or terrorist sabotage, the members of the Tribe could suffer
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immediate severe radioactivity related illness or death from high level radiation e
i exposure.
23.
In addition, areas which have been available to the Tribe and its members in the past foi grazing, forage, hunting, fishing, and gathedng could be contaminated or destroyed. The loss of such vital resources woula impact the Tribe directly, forcing it to turn to its limited assets to assist in meeting the needs of its members. Other 6
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situations involving high or low level exposure could result in increased cancer and i =
. leukemia rates or cellular and genetic defects many years into the future.
24.
An accidental release would also cause significant adverse economic consequences as well as endangerment of the area's livestock and agricultural base.
25.
Such an accidental release could occur by means of a transportation accident, or a design or manufacturing flaw in the casks used. A criticality accident could cause
- a radiological explosion. An accident could also occur by sabotage or terrorism, or by 19
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many other means. The impacts of such an event upon the Tribe and its members would be similar to those described above.
26.
The Tribe and Affiant are concerned that PFS' license application for the ISFSI lacks sufficient measures to protect them from such an accidental release, thus posing an undue risk to their health and safety. These concerns may be redressed by denial of the license application on the ground that it fails to provide suf6cient measures to 1
protect health and safety.
l-27.
The Tribe and Affiant are also concerned that the environmental documents prepared to support the license application contain insuf6cient infonnation on which to base a decision on the relative risks, costs, and bencSts of the proposed project, or
. on alternatives to the project.
2S.
The Tribe and Affiant believe that if the supporting environmental documents were to fully disclose the costs and risks of the proposed ISFSI, the NRC would decide not to license the facility. Thus, preparation of a complete and accurate i,
Environmental Report and Environmental Impact Statement would, in all likelihood, result in the denial of the license, and thereby redress the Tribe's and Affiant's concerns.
4 29.
For many of the same reasons as those which impact the Tribe, Affiant wi'l suffer injurv-in-fact if the NRC licenses the proposed facility in Tooele County. His injury, too, is directly traceable to the proposed !icense application and can be 20 o
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a 34.
The location of the proposed facility is in an area which receives many lightning strikes and which has experienced many wildfires.
33.
The location of the proposed facility is in an area which is remote, but accessible from all sides by intruders.
The location of the proposed facility is within an area of histonc and cultural-36.
significance, having the Pony Express Trail running nearby. Many tourists visit the trea.
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Dated:
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DAVID PETE Subscribed.and sworn to before me on 729./9 7
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'My commission expires:
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N arv Public Residing at Salt Lake City, Utah.
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i mac CERTIFICATE OF SERVICE BY MAIL
'x The undersigned hereby certifies that a copy of the foregoing was served upon the persons listed below bv regular U.S. Mail on the date indicated:
Denise Chancellor Utah Attorney General 160 E. 300 South, #500 P.O. Box 140S73 Salt Lake City, Utah 84114 Jay Silberg Shaw, Pittman, Potts & Trowbridge 2300 N Street, N.W.
Washington, D.C. 20037-S007 l
Office of General Counsel U.S. Nuclear Regulatory Conunission Washington, D.C. 20555 Attention: Docketing & Services Branch Secretary of the Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Danny Quintana, Counsel for Skull Valley Goshute S East Broadway, #735 Salt Lake City, 'Jtah S4111 Dated:
August 29,1997
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j Feder:1 Register / Vol. 62 No.147 / Thursday, July 31, 1997 / Notices 41099 c
issuance of the materials licerne will satisfy the specificity requirements (Telnet). The document -
described above.
w lable on the bulleun board not be approved until the NRC has Not later than fifteen (15) days prior s efter the signature date of reviewed the applicadon and has to the first pre-hearing conference
- m. If assistance is needell in concluded that approval of the hcense scheduled in the proceeding. a the document, please contact will not be inimical to the common Petitioner shall file a supplement to the World help desk at (703) 487-defense and security and will not petition to intervene which must
, Additional assistance in locating constitute an unreasonable risk to include a list of contentions which are
@' g document is available from the NRC public health and safety. The NRC, in sought to be litigated in the matter. Each accordance with 10 CFR 51.20(b)(9),
contention must consist of a specific public Document Room, nationally at 1-will complete an environmental impact statament of the issue of law or fact to 30)-397-4209, or within the statement. This action will be the be raised or controverted. In addition, Washington, DC ama at (202) 634-3273. subject of a subsequent notice in the the etitioner shall provide a brief Commenta and questions may be directed to the OMB reviewer by Federal Register. Pursuant to 10 EFR exp annum W basm oNie bor 2,199h Edward Michlovich.
2.105, by September 15,1997,the content'on and a concise statement of ofInformation and Regulatory applicant me) file a request for a the aHogd a w e@ opnla
. Affahs (3150-0163), NEOB-10202, hearing; and any rson whose internt which support the contention and on ofsce cf Management and Budget
- may be affected b this proceeding and which the petitioner intends to rely in Washington, DC 20503, who wishes to participate as a party in E
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" "I
- " 8' Commenta can also be submitted by the Proceeding must file a written The petitioner must also provido tale bone at (202) 295-3084, mquest for a headng and petitia for references to those specific.arcos and T e NRC Clearance Officer is Drenua I ave to interme t"ith mapect to the documents of which the petiuoner is Jo. chelton,(301) 415-7233.
subject materials license in accordance awam and on which the petitioner tited et Rockville, W yland,this 24th day with the provisions of to CFR 2.714, if intends to rely to establish those facts or a request for hearing or petition for expert opinion. Petitioner must provide of NI '1887-leave to intervene is filed by the above sufficient information to show thr.t a 7
For the Nuclear Regulatory Cnmmission.
date, an Atomic Safety and Licensing gequine dispute exists with the Arnold E. Imia, Daard designated by the Commission or applicant on a material issue of law or Actmg Designated Senior Officialfor by the Chairman of the Atomic Safety " fact. Contentions shall be limited to Infortnation Resoun es Managemenf-and Licensing Daard Panel will rule on matters within the scope of the action IFR Dac. 97-20t87 Filed 7-30-97; 8.45 ami the rDquest and/or petition, and the under considerauon. The contention swNQ Coos is#441-P Secretary o; the designated Atomic must be one which, if proven, would Safety and Licensing Eoard willinue a entitle the petitioner to relief. A NUCt. EAR REGULATORY notice of hearing or an appropriate peutioner who falls to file such a order. In the event that no request for supplement which satisfies those headng or petition for leave to intervene requirements with respect to at least one COMMISSION contention will not be permitted to i
pocket No. 72-22]
is filed by the above date, the NRC may, participate as a party, upon satisfactory completion of all Those permitted to intervene become Private Fuel Storage, Umited Liability Company; Notice of Consideration of required evaluadons, issue the materials parties to the proceeding, subject to any issuance of a Materials License for the license without further prior notice. limitauons in the order granting leave to Storage of Spent Fuel and Notice of A petition for leave to intervene shall intervene, and have the opportun to set forth with articularity the interest
[articipate fully in the conduct of e
Opportunity for a Hearing P
of the peutioner in the proceeding and The Nuclear Regulatory Commission how that interest may be affected by the cadng'uest for a hearing or a petition g,,q is considering an application dated June results of the proceeding. The petidon for leave to intervene must be filed with 20,1997, for a materials license, under should specifically explain the reasons the Secretary of the Commission, U.S.
the provisions of to CFR part 72, from why latervenuon should be permitted Nuclear Regulatory Cc nission; Private Fuel Storage, Limited Liability with particular reference to the Washbgton, DC 20555, Attention:
Company (the applicant or PFS) to following factors;(1)The nature of the Docketi i; and Services Branch, or may pc:soas spent fuel and other radioactive petitioner's right under the Act to be be deliveredt6 the Commisslan's Public mat: rials associated with spent fuel made a party to the proceeding;(2) the Document Room,Gelman Buildingc 2120 L Street,NW, Washington. DC, by storage in anindependent spent fuel nature and extent of the petitioner's the above date. Where petitions are filed storage installation (ISFS1) located on Property, financial, or other intamst in during t,he last tan (10) days of the th3 Skull Valley Coahute Indian the proceeding: and (3) the possible Reservatiod in Skuu Valley, Utah. If effect of any order that may be antered notice period.111s requested that the,
granted, the license will authorir.e the in the proceeding on the petitioner's petitioner promptly so inform the NRC applicant to store spent fuelin dry interest. The peution should also by a toll free telephone call to Weste n storage cask systems at the ISFSI which identify the specific aspect (s) of theUnion at 1-(800) 24'8-5100 (in Missourt 1-(800) 342-6700). The Western Union the appucant proposes to construct and subject matter of the proceeding as tooperstar abould be given Datagram oprate on the Skull Vallqy Goshute which petitioner wishes to intervene.
Identification Number N1023 and the Indi:n Reservation. Pursuant to the Any person who has filed a petition for following messa8e addressed to Mr.
provisions of to CFR part 72, the term leave to intervene or who has been William F. Kane, Director, Spent Fuel of the license for the ISFSI would be admitted as a party may smend a Proioct Office, Office of Nuclear twenty (20) years, peution, without requesting leave of the Material Safety and Safeguards, Prio: to issuance of the requested Board, up to 15 days prior to the license, the NRC will rave made the holding of the first pre-hearing petitioner's name and telephone findings required by the Atomic Energy conference scheduled in the proceeding, number; date poutjon was mailed; facility name; and publication date and Act of 1954, as amended (the Act), and but such an amended petition must the NRC's rules and regulations. The
s 41100 Federal Register / Vol fi2, No.147 / Thursday, July 31, 1997 / Notices page number of this Federal Register accidents;(5) the proposed changes do publication of this Federal Register notice, A copy of the petition should not result in the possibility of a new or Notice.
also tm sent to the Office of the General different Lind of ac cident;(6) there is no A petition for review must be filed Counsel, U S Nuclear Regulatory significant redm. tion in any margia of with the Secretary of the Commission, Commission, Washington, DC 20555, safety; and (71 the proposed changes U.S. Nuclear Regulatory Commission, and to Mr. jay Silberg, P.C., Shaw, will not result in an overall decrease in Washington, DC 20555-0001, Attention:
Pittman, Potts, & Trowbridge,2300 N the effectiveness of the plar?'s safety, Rulemakings and Adjudications Staff, or Street NW, Washington, DC 20037-safeguards or security prog ams. The may be delivered to the Commission's
- 8007, basis for this determination for the Public Document Room, the Gelman Nontimely filings of petitions for amendment request is shown below.
iiuilding. 2120 L Street, NW, leave to intervene, amended petitions, The NRC staff has reviewed the Washington, DC, by the above date supplemental petitions, and/or requests certificate amendment application and For further details with respect to the l
for hearing will not be entertained concluded that it provides reasonable action see (1) the application for l
absent a determination by the assurance of adequate safety, safeguards, amendment and (2) the Commission's Commission, the presiding officer, or and security, and compliance with NRC Compliance Evaluation Report. These i
the Atomic Safety and Licensing Board requirements. Therefore, the Director, items are availablo for public inspection designatei, to rule on the petition and' * 'ffice of Nuclear Material S hty and at the Conunission's Public Duument or nvluest, that the petition and/or Safeguarda, is prepared to issue an Room, the Gelman fluilding. 2120 L request should be granted based upon a amendmet.t to the Certificate of Street, NW, Washington, DC, and at the balancing of the factors specified in 10 Complian'e for the Portsmouth Gaseous Local Public Document Room.
CFR 2.714(a)(1)(iHv1 and 2 714(d).
Diffusion Plant. The staff has prepared Date of amendment request: April 28.
For further details wil respect to this a Compliance Evaluation Report which 1997 action, see the application dated June provides details of the staffs evaluation.
Brief desenprion of arnendment: The The NRC staff has detennined that proposed amendment corrects a 20,1997, which is available for public this amendment satisfies the criteria for typographical error contained in inspection at the Commission's Public a categorical esclusion in accordance Technical Safety Requirement 2.b.4.2 Document Room 2120 L Street NW, with to CFR 51.22.1herefore, pursuant entitled " Air Gaps" by revismg Washington, DC 20555. The to 10 CFR 51.22(b), no environmental Surveillance Requirement 2 6 4 21 from Commission's license and safety evaluation report, when issued,' may be unpaa stamment or environmental
" Verify and document the pressure of assessment m ed be prepared for th,s air gaps required t y NCSAs" to " Verify i
inspected at the above location, amendment.
and document the presence of air gaps Dated at Rodvdle, Maryland, this 21st day USEC or any person whose interest required by NCSAs."
of July 1997, may be affected may file a petition, not For the tt.S. Nuclear Regulatory exceeding 30 pages, requesting review Hasis for Finding of No Significance Commission-of the Director's Decision. The petition
- 1. The proposed amendment will not Williara 0 Kane, must be filed with the Commission not result in a change in the types or Director, Spent Fue/ Profect Office. Office of later than 15 days after publication of significant increase in the amounts of Nuclear Matenal Safety and Safeguards-this Federal Register Notice. A petition any eff uents that may be released (FR Doc. 97-20184 Filed 7-3G-97; 8 45 aml for review of the Director's Decision
- offsite, aauNG Cooa 7HO-40.P shall set forth with particularity the The amendment corrects a interest of the petitioner and how that typographical error in the surveillance interest may be affected by the results of requirement of Technical Safety NUCLEAR REGULATORY the decision. The petition should Requirement 2.6.4.2 by replacing the COMMISSION specifically explain the reasons why word " pressure" with " presence." As review of the Decision should be such, the propohed amendment will not pg,q permitted with particular reference to result in a change in the types or Notice of Amendment to Certificate of the following factors; (1) The intercat of.ignificant increase in the amounts of Compilance GL P-2 for the U.S.
the petitioner; (2) how that interest may any effluents that may be released Enrichment Corporation Portsmouth be affected by the Decision, including offsite.
Gaseous Diffusion Plant Portsmouth, the reasons why the petitioner should
- 2. The proposed amendment will not Ohio be permitted a review of the Decision; result in a significant increase in and (3) the petitioner's areas of concern Individual or cumulative occupational The Director, Office of Nuclear about the activity that is the subject radiation exposure.
Material Safety and Safeguards, has matter of the Decision. Any person The proposed amendment will not made a determination that the following described in this paragraph (USEC or increase radiation exposure.
amendment request is not significant in any person who filed a petition) may
- 3. The proposed amendment will not accordance with 10 CFR 76.45. In file a response to any petition for result in a significant construction making that determination the staff review, not to exceed 30 pages, within impact.
concluded that (1) there is no change in to days after filing of the petition. If no The proposed amendment will not the types or significant increase in the petition is received within the result in any construction, therefore, amounts of any emuents that may be designated 15 day period, the Director there will be no construction impacts.
released offsite; (2) there is no will issue the final amendment to the
- 4. The proposed amendment will not significant increase in individual or Certificat9 of Compliance without result in a significant increase in the cumulative occupational radiation further delay. If a petition for review is potential for, or radiological or che,nical exposure (3) there is no significant received. the decision on the consequences from, previously analyzed construction impact; (4) there is no amendment application will become accidents.
significant increase in the potential for, final in 60 days. unless the Commission The proposed change involves or radiological or chemical grants the petition for review or correction of a typographical error. As consequences from, previously analyzed otherwise acts within 60 days after such, it does not affect the potential for.
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