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{{#Wiki_filter:N/7 Federal Emergency Management Agency | {{#Wiki_filter:N/7 | ||
@r Federal Emergency Management Agency Washington, D.C. 20472 00gTEt g | |||
Washington, D.C. 20472 DEC i 5 gg | DEC i 5 gg | ||
'86 DEC 17 P1 :07 CFE h - | |||
CFE h - | o DOC u John H. Frye, III, Chairman Oscar H. Paris Atomic Safety and Licensing Board Administrative Judge-U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Washington, D.C. | ||
o DOC u John H. Frye, III, Chairman | 20555 U.S. Nuclear Regulatory Commission Washington, D.C. | ||
20555 Frederick J. Shon Administrative Judge Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C. | |||
20555 In the Matter of LONG ISLAND LIGHTING COMPANY (Shoreham Nuclear Power Station, Unit 1) | |||
Docket No. 50-322-OL-5 EP Exercise | Docket No. 50-322-OL-5 EP Exercise | ||
==Dear Administrative Judges:== | ==Dear Administrative Judges:== | ||
Under cover of this letter, the Director of the Federal Emergency Management Agency submits additional written materials for the Board's in-camera inspection if necessary to supplement those materials submitted on December 1, 1986. They include: | |||
Under cover of this letter, the Director of the Federal Emergency Management Agency submits additional written materials for the Board's in-camera inspection if necessary to supplement those materials submitted on December 1, 1986. They include: (1) an affidavit requesting the document be protected under executive privilege; and (2) the documents themselves under seal. Since the documents are in the same category as those previously submitted, no further written argument is submitted to supplement FEMA's November 28, 1986, response. | (1) an affidavit requesting the document be protected under executive privilege; and (2) the documents themselves under seal. | ||
Sincerely, | Since the documents are in the same category as those previously submitted, no further written argument is submitted to supplement FEMA's November 28, 1986, response. | ||
Sincerely, | |||
[ h :;;:::: | [ h :;;:::: | ||
William R. Cumming Counsel for FEMA cc: Service List | William R. Cumming Counsel for FEMA cc: Service List D@) | ||
PDR | 8612180268 861215 PDR ADOCK 05000322 G | ||
PDR | |||
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of | UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of | ||
) | |||
LONG ISLAND LIGHTING COMPANY | ) | ||
(Shoreham Nuclear Power Station. | LONG ISLAND LIGHTING COMPANY | ||
Unit 1) | ) | ||
Docket No. 50-322-OL-5 v | |||
) | |||
(Shoreham Nuclear Power Station. | |||
) | |||
Unit 1) | |||
) | |||
AFFIDAVIT OF JULIUS W. BECTON, JR. | AFFIDAVIT OF JULIUS W. BECTON, JR. | ||
DIRECTOR OF THE FEDERAL EMERGENCY MANAGEMENT AGENCY JULIUS W. BECTON, JR., being duly sworn according to law, does depose and say: | DIRECTOR OF THE FEDERAL EMERGENCY MANAGEMENT AGENCY JULIUS W. BECTON, JR., being duly sworn according to law, does depose and say: | ||
1. | |||
I am the Director of the Federal Emergency Management Agency (FEMA), | |||
an independent agency of the United States of America. | an independent agency of the United States of America. | ||
2. | |||
I am supplementing my affidavit and submission of November 28, 1986, with additional documents in the same categories. | |||
3. | |||
I have personally reviewed the documents which are listed below: | |||
P-79 April 7, 1986, PEA Draft (R. Kowieski's personal copy). | P-79 April 7, 1986, PEA Draft (R. Kowieski's personal copy). | ||
P-80 April 7, 1986, PEA Draft (two additional copies). | P-80 April 7, 1986, PEA Draft (two additional copies). | ||
P-81 | P-81 | ||
[ Undated] S. Macintosh Review of March 12, 1986, PEA Draft. | |||
P-82 (Undated] P. Weberg Review of March 12, 1986, PEA Draft. | P-82 (Undated] P. Weberg Review of March 12, 1986, PEA Draft. | ||
P-83 [ Undated] P. McIntire Review of March 12, 1986, PEA Draft. | P-83 [ Undated] P. McIntire Review of March 12, 1986, PEA Draft. | ||
| Line 53: | Line 67: | ||
P-86 (Undated] R. Bernacki Review of March 12, 1986, PEA Draft. | P-86 (Undated] R. Bernacki Review of March 12, 1986, PEA Draft. | ||
P-87 [ Undated] Bob Turner Review of March 12, 1986, PEA Draft. | P-87 [ Undated] Bob Turner Review of March 12, 1986, PEA Draft. | ||
P-88 (Undatto] RFR Review of March 12, 1986, PEA Draft. | P-88 (Undatto] RFR Review of March 12, 1986, PEA Draft. | ||
P-89 Marr.h 7, 1986, Draft Tables to PEA (three sets). | |||
P-90 March 20, 1986, Letter P. Giardina to R. Kowieski re: Draft PEA. | P-90 March 20, 1986, Letter P. Giardina to R. Kowieski re: Draft PEA. | ||
P-91 March 3, 1986, Letter from D. Connors to R. Kowieski re: | |||
Plan Changes. | |||
r9 P-92 March 19, 1986, Letter G. Bickerton to R. Kowleski re: Draft PEA. | |||
P-93 March 17, 1986 Memo to ANL Shoreham Evaluators from E. Tanzman re: | P-93 March 17, 1986 Memo to ANL Shoreham Evaluators from E. Tanzman re: | ||
Review of Draft PEA. | Review of Draft PEA. | ||
| Line 64: | Line 78: | ||
P-96 (Undated] M. Jackson Review of April 7, 1986, PEA Draft. | P-96 (Undated] M. Jackson Review of April 7, 1986, PEA Draft. | ||
P-97 (Undated] Three Unidentified Marked-Up Copies of April 7, 1986, PEA Draft. | P-97 (Undated] Three Unidentified Marked-Up Copies of April 7, 1986, PEA Draft. | ||
4. | |||
These documents are being submitted to the Atomic Safety and Licensing Board presiding over this proceeding for M camera inspection, if necessary. | |||
5. | |||
Two documents which I previously reviewed, and may have been inadvertently left out of the documents actually submitted to the Board are resubmitted. | |||
thought processes will not be subjected to public scrutiny, then I cannot be confident my staff and I are receiving candid and objective advice. | These documents are marked P-5 and P-56 on the previous 1.y submitted index. | ||
6. | |||
f l, , ~ ? | I hereby claim and assert FEMA's executive privilege regarding the documents listed in Exhibit A to this Affidavit. | ||
This assertion of privilege is necessary to protect the deliberative process by which FEMA, with t'he technical assistance of the Regional Assistance Committee, evaluates exercises of radiological emergency response plans. | |||
In my judgment, if the professional persons who advise me and my staff are not assured that their discussions and thought processes will not be subjected to public scrutiny, then I cannot be confident my staff and I are receiving candid and objective advice. | |||
In that event, the safety of the people whom such emergency response plans are designed to protect may be compromised. My reasons for asserting executive privilege are spelled out in greater detail in the legal brief submitted on December 1, 1986. | |||
f l,, ~ ? | |||
,/ | |||
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/. | |||
JULIUS H. BECTON, JR. | JULIUS H. BECTON, JR. | ||
t District of Columbia: | |||
t District of Columbia: | ss: | ||
On this /6 | On this /6 day of #it | ||
, 1986, before me, the undersigned Notary Public, came JULIUS H. BECTON, JR., Director of the Federal Emergency Management Agency, and he did swear that the matters set forth in the foregoing Affidavit are true. | |||
/ | |||
b 0 4.tL b F#ill' ALhkN Notary Public G (Seal)(/ | b 0 4.tL b F#ill' ALhkN Notary Public G (Seal)(/ | ||
'O L~ s.... | |||
UNITED STATES OF AMERICA | UNITED STATES OF AMERICA | ||
NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD GFR - | %;[ | ||
NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD GFR - | |||
V LONG ISLAND LIGHTING COMPANY | z | ||
.4 00Chii g rva In the Matter of | |||
(Shoreham Nuclear Power Station, | ) | ||
) | |||
V LONG ISLAND LIGHTING COMPANY | |||
) | |||
Docket No. 50-322-0L-5 | |||
) | |||
(EP Exercise) | |||
(Shoreham Nuclear Power Station, | |||
) | |||
Unit 1) ) | Unit 1) ) | ||
CERTIFICATE OF SERVICE I hereby certify that copies of " LETTER TO ADMINISTRATIVE JUDGES AND ACCOMPANYING' AFFIDAVIT" in the above-captioned proceeding have been served on the following by deposit in the United States mall, first class, or by hand delivery as indicated by double asterisk, this 15th day of December, 1986: | CERTIFICATE OF SERVICE I hereby certify that copies of " LETTER TO ADMINISTRATIVE JUDGES AND ACCOMPANYING' AFFIDAVIT" in the above-captioned proceeding have been served on the following by deposit in the United States mall, first class, or by hand delivery as indicated by double asterisk, this 15th day of December, 1986: | ||
John H. Frye, III, Chairman ** | John H. Frye, III, Chairman ** | ||
Administrative Judge | Fabian G. Palomino, Esq. | ||
Atomic Safety & Licensing Board | Administrative Judge Richard J. Zahnleuter, Esq. | ||
Administrative Judge | Atomic Safety & Licensing Board Special Counsel to the Governor U.S. Nuclear Regulatory Commission Executive Chamber Washington, D.C. | ||
Administrative Judge | 20555 State Capitol Albany, NY 12224 Oscar H. Paris ** | ||
W. Taylor Reveley III, Esq. | |||
Stephen B. Latham, Esq. | Administrative Judge Hunton & Williams Atomic Safety and Licensing Board 707 East Main Street U.S. Nuclear Regulatory Commission P.O. Box 1535 Washington, D.C. | ||
John F. Shea, III, Esq. | 20555 Richmond, VA 23212 Frederick J. Shon** | ||
Twomey, Latham & Shea | Jonathan D. Feinberg, Esq. | ||
Attorneys at Law | Administrative Judge New York State Department of Atomic Safety and Licensiiig Board Public Service U.S. Nuclear Regulatory Commission Three Empire State Plaza Washington, D.C. | ||
P.O. Box 398 | 20555 Albany, NY 12223 Stephen B. Latham, Esq. | ||
John F. Shea, III, Esq. | |||
U.S. Wuclear Regulatory Commission | Herbert H.. Brown, Esq. | ||
Washington, D.C. | Twomey, Latham & Shea Lawrence Coe Lanpher, Esq. | ||
Attorney General of the State Gerald C. Crotty, Esq. | Attorneys at Law Karla J. Letsche, Esq. | ||
Counsel to the Governor | P.O. Box 398 Kirkpatrick & Lockhart 33 West Second Street 1800 M Street, N.W. | ||
Suffolk County Executive | Riverhead, NY 11901 9th Floor Washington, D.C. | ||
20036-5891 Atomic Safety and Licensing i | |||
Board Panel Joel Blun, Esq. | |||
U.S. Wuclear Regulatory Commission Director, Utility Intervention Washington, D.C. | |||
20555 NY State Consumer Protection Board Suite 1020 Atomic Safety and Licensing 99 Washington Avenue Appeal Board Panel Albany, NY 12210 U.S. Nuclear Regulatory Commission Washington, D.C. | |||
20555 Dr. Monroe Schneider North Shore Committee P.O. Box 231 Docketing and Service Section Wading River, NY 11792 Office of the Secretary U.S. Nuclear Regulatory Commission Philip H. McIntire Washington, D.C. | |||
20555 Federal Emergency Management Agency 26 Federal Plaza Spence Perry, Esq.** | |||
New York, New York 10278 General Counsel, Rm. 840 Federal Emergency Management Agency 500 C Street, S.W. | |||
Washington, D.C. | |||
20472 Robert Abrams, Esq. | |||
Attorney General of the State Gerald C. Crotty, Esq. | |||
of New York Ben Wiles, Esq. | |||
Attn: | |||
Peter Blenstock, Esq. | |||
Counsel to the Governor Department of Law Executive Chamber State of New York State Capitol Two World Trade Center Albany, NY 12224 Room 46-14 New York, NY 10047 Anthony F. Earley, Jr., Esq. | |||
MHB Technical Associates General Counsel 1723 Hamilton Avenue Long Island Lighting Company Suite K 250 Old County Road San Jose, CA 95125 Mineola, NY 11501 Hon. Peter Cohalan Martin Bradley Ashare, Esq. | |||
Suffolk County Executive Suffolk County Attorney County Executive / Legislative Bldg. | |||
H. Lee Dennison Building Veteran's Memorial Highway Veteran's Memorial Highway Hauppauge, NY 11788 Hauppauge, NY 11788 | |||
3-Mr. Jay Dunkleberger | 3-Mr. Jay Dunkleberger Ms. Nora Bredes New York State Energy Office Shoreham Opponents Coalition Agency Building 2 195 East Main Street Empire State Plaza Smithtown, NY 11787 Albany, New York 12223 Ellen Blackler Mr. Robert Hoffmnan New York State Assembly Ms. Susan Rosenfeld Energy Committee Ms. Sharlene Sherwin 626 Legislative Office Building P.O. Box 1355 Albany, NY 12248 Massapequa, NY 11758 Brookhaven Town Attorney Bernard M. Bordenick, Esq. | ||
475 E. Main Street Maryland National Bank Building Patchogue, NY 11772 Rm. 9604 Washington, DC 20555 | |||
475 E. Main Street | |||
: f. h= = ' - - ) | : f. h= = ' - - ) | ||
Hilliam R. Cumming | Hilliam R. Cumming Federal Emergency Management Agency | ||
Federal Emergency Management Agency | |||
) | ) | ||
1 | 1 | ||
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-}} | |||
Latest revision as of 21:36, 5 December 2024
| ML20211N633 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 12/15/1986 |
| From: | Cumming W Federal Emergency Management Agency |
| To: | Frye J, Paris O, Shon F Atomic Safety and Licensing Board Panel |
| References | |
| CON-#486-1917 OL-5, NUDOCS 8612180268 | |
| Download: ML20211N633 (7) | |
Text
N/7
@r Federal Emergency Management Agency Washington, D.C. 20472 00gTEt g
DEC i 5 gg
'86 DEC 17 P1 :07 CFE h -
o DOC u John H. Frye, III, Chairman Oscar H. Paris Atomic Safety and Licensing Board Administrative Judge-U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Washington, D.C.
20555 U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Frederick J. Shon Administrative Judge Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C.
20555 In the Matter of LONG ISLAND LIGHTING COMPANY (Shoreham Nuclear Power Station, Unit 1)
Docket No. 50-322-OL-5 EP Exercise
Dear Administrative Judges:
Under cover of this letter, the Director of the Federal Emergency Management Agency submits additional written materials for the Board's in-camera inspection if necessary to supplement those materials submitted on December 1, 1986. They include:
(1) an affidavit requesting the document be protected under executive privilege; and (2) the documents themselves under seal.
Since the documents are in the same category as those previously submitted, no further written argument is submitted to supplement FEMA's November 28, 1986, response.
Sincerely,
[ h :;;::::
William R. Cumming Counsel for FEMA cc: Service List D@)
8612180268 861215 PDR ADOCK 05000322 G
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
)
)
LONG ISLAND LIGHTING COMPANY
)
Docket No. 50-322-OL-5 v
)
(Shoreham Nuclear Power Station.
)
Unit 1)
)
AFFIDAVIT OF JULIUS W. BECTON, JR.
DIRECTOR OF THE FEDERAL EMERGENCY MANAGEMENT AGENCY JULIUS W. BECTON, JR., being duly sworn according to law, does depose and say:
1.
I am the Director of the Federal Emergency Management Agency (FEMA),
an independent agency of the United States of America.
2.
I am supplementing my affidavit and submission of November 28, 1986, with additional documents in the same categories.
3.
I have personally reviewed the documents which are listed below:
P-79 April 7, 1986, PEA Draft (R. Kowieski's personal copy).
P-80 April 7, 1986, PEA Draft (two additional copies).
P-81
[ Undated] S. Macintosh Review of March 12, 1986, PEA Draft.
P-82 (Undated] P. Weberg Review of March 12, 1986, PEA Draft.
P-83 [ Undated] P. McIntire Review of March 12, 1986, PEA Draft.
P-84 [ Undated] J. Connolly Review of March 12, 1986, PEA Draft.
P-85 [ Undated] H. Fish Review of March 12, 1986, PEA Draft.
P-86 (Undated] R. Bernacki Review of March 12, 1986, PEA Draft.
P-87 [ Undated] Bob Turner Review of March 12, 1986, PEA Draft.
P-88 (Undatto] RFR Review of March 12, 1986, PEA Draft.
P-89 Marr.h 7, 1986, Draft Tables to PEA (three sets).
P-90 March 20, 1986, Letter P. Giardina to R. Kowieski re: Draft PEA.
P-91 March 3, 1986, Letter from D. Connors to R. Kowieski re:
Plan Changes.
r9 P-92 March 19, 1986, Letter G. Bickerton to R. Kowleski re: Draft PEA.
P-93 March 17, 1986 Memo to ANL Shoreham Evaluators from E. Tanzman re:
Review of Draft PEA.
P-95 (Undated] Bob Turner Review of April 7, 1986, PEA Draft. (Two copies.)
P-96 (Undated] M. Jackson Review of April 7, 1986, PEA Draft.
P-97 (Undated] Three Unidentified Marked-Up Copies of April 7, 1986, PEA Draft.
4.
These documents are being submitted to the Atomic Safety and Licensing Board presiding over this proceeding for M camera inspection, if necessary.
5.
Two documents which I previously reviewed, and may have been inadvertently left out of the documents actually submitted to the Board are resubmitted.
These documents are marked P-5 and P-56 on the previous 1.y submitted index.
6.
I hereby claim and assert FEMA's executive privilege regarding the documents listed in Exhibit A to this Affidavit.
This assertion of privilege is necessary to protect the deliberative process by which FEMA, with t'he technical assistance of the Regional Assistance Committee, evaluates exercises of radiological emergency response plans.
In my judgment, if the professional persons who advise me and my staff are not assured that their discussions and thought processes will not be subjected to public scrutiny, then I cannot be confident my staff and I are receiving candid and objective advice.
In that event, the safety of the people whom such emergency response plans are designed to protect may be compromised. My reasons for asserting executive privilege are spelled out in greater detail in the legal brief submitted on December 1, 1986.
f l,, ~ ?
,/
\\
~
/.
JULIUS H. BECTON, JR.
t District of Columbia:
ss:
On this /6 day of #it
, 1986, before me, the undersigned Notary Public, came JULIUS H. BECTON, JR., Director of the Federal Emergency Management Agency, and he did swear that the matters set forth in the foregoing Affidavit are true.
/
b 0 4.tL b F#ill' ALhkN Notary Public G (Seal)(/
'O L~ s....
UNITED STATES OF AMERICA
%;[
NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD GFR -
z
.4 00Chii g rva In the Matter of
)
)
V LONG ISLAND LIGHTING COMPANY
)
Docket No. 50-322-0L-5
)
(EP Exercise)
(Shoreham Nuclear Power Station,
)
Unit 1) )
CERTIFICATE OF SERVICE I hereby certify that copies of " LETTER TO ADMINISTRATIVE JUDGES AND ACCOMPANYING' AFFIDAVIT" in the above-captioned proceeding have been served on the following by deposit in the United States mall, first class, or by hand delivery as indicated by double asterisk, this 15th day of December, 1986:
John H. Frye, III, Chairman **
Fabian G. Palomino, Esq.
Administrative Judge Richard J. Zahnleuter, Esq.
Atomic Safety & Licensing Board Special Counsel to the Governor U.S. Nuclear Regulatory Commission Executive Chamber Washington, D.C.
20555 State Capitol Albany, NY 12224 Oscar H. Paris **
W. Taylor Reveley III, Esq.
Administrative Judge Hunton & Williams Atomic Safety and Licensing Board 707 East Main Street U.S. Nuclear Regulatory Commission P.O. Box 1535 Washington, D.C.
20555 Richmond, VA 23212 Frederick J. Shon**
Jonathan D. Feinberg, Esq.
Administrative Judge New York State Department of Atomic Safety and Licensiiig Board Public Service U.S. Nuclear Regulatory Commission Three Empire State Plaza Washington, D.C.
20555 Albany, NY 12223 Stephen B. Latham, Esq.
John F. Shea, III, Esq.
Herbert H.. Brown, Esq.
Twomey, Latham & Shea Lawrence Coe Lanpher, Esq.
Attorneys at Law Karla J. Letsche, Esq.
P.O. Box 398 Kirkpatrick & Lockhart 33 West Second Street 1800 M Street, N.W.
Riverhead, NY 11901 9th Floor Washington, D.C.
20036-5891 Atomic Safety and Licensing i
Board Panel Joel Blun, Esq.
U.S. Wuclear Regulatory Commission Director, Utility Intervention Washington, D.C.
20555 NY State Consumer Protection Board Suite 1020 Atomic Safety and Licensing 99 Washington Avenue Appeal Board Panel Albany, NY 12210 U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Dr. Monroe Schneider North Shore Committee P.O. Box 231 Docketing and Service Section Wading River, NY 11792 Office of the Secretary U.S. Nuclear Regulatory Commission Philip H. McIntire Washington, D.C.
20555 Federal Emergency Management Agency 26 Federal Plaza Spence Perry, Esq.**
New York, New York 10278 General Counsel, Rm. 840 Federal Emergency Management Agency 500 C Street, S.W.
Washington, D.C.
20472 Robert Abrams, Esq.
Attorney General of the State Gerald C. Crotty, Esq.
of New York Ben Wiles, Esq.
Attn:
Peter Blenstock, Esq.
Counsel to the Governor Department of Law Executive Chamber State of New York State Capitol Two World Trade Center Albany, NY 12224 Room 46-14 New York, NY 10047 Anthony F. Earley, Jr., Esq.
MHB Technical Associates General Counsel 1723 Hamilton Avenue Long Island Lighting Company Suite K 250 Old County Road San Jose, CA 95125 Mineola, NY 11501 Hon. Peter Cohalan Martin Bradley Ashare, Esq.
Suffolk County Executive Suffolk County Attorney County Executive / Legislative Bldg.
H. Lee Dennison Building Veteran's Memorial Highway Veteran's Memorial Highway Hauppauge, NY 11788 Hauppauge, NY 11788
3-Mr. Jay Dunkleberger Ms. Nora Bredes New York State Energy Office Shoreham Opponents Coalition Agency Building 2 195 East Main Street Empire State Plaza Smithtown, NY 11787 Albany, New York 12223 Ellen Blackler Mr. Robert Hoffmnan New York State Assembly Ms. Susan Rosenfeld Energy Committee Ms. Sharlene Sherwin 626 Legislative Office Building P.O. Box 1355 Albany, NY 12248 Massapequa, NY 11758 Brookhaven Town Attorney Bernard M. Bordenick, Esq.
475 E. Main Street Maryland National Bank Building Patchogue, NY 11772 Rm. 9604 Washington, DC 20555
- f. h= = ' - - )
Hilliam R. Cumming Federal Emergency Management Agency
)
1
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,-------,_,,,------..--,-,-n,
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