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UNITED STATES v. CITY OF FULTON
- 1980-1989
In 1979, the Southwestern Power Administration, a federal regulatory body acting on behalf of the Secretary of Energy, increased the cost of electricity generated by federally owned dams under its control. The price hike was initially implemented on an interim basis, and three years later, after furher review, the new rates were made permanent. A group of cities that purchased power from the dams filed suit to recover the extra fees it had paid before the interim rates were made final, claiming that Section 5 of the Flood Control Act of 1944 prohibited the imposition of interim fees. The Act stated that new rates would "become effective upon confirmation and approval by the Secretary (of Energy)." The cities asserted that the rates, while in their interim phase, had not yet received "confirmation and approval" from the Secretary and could therefore not be legally implemented.
The Court of Claims sided with the cities, holding that the new rates could only be charged once they received final approval from the Secretary. The Court of Appeals for the Federal Circuit affirmed.
Can the Secretary of Energy or his delegates impose new hydro-electricity prices on an interim basis under Section 5 of the Flood Control Act of 1944?
Legal provision: 16 U.S.C. 825
Yes. In an opinion delivered by Justice Thurgood Marshall, the Supreme Court unanimously held that the Secretary of Energy could impose rate hikes on an interim basis without violating the Act. The Court found that the language of the Act and its legislative history did not conclusively show whether Congress intended the Secretary to impose rate hikes on an interim basis. The Secretary's decision, therefore, only needed to be a reasonable attempt to balance the competing interests in the act: preventing unnecessarily high charges to customers while still allowing the dams to be self-sufficient (and therefore not a burden on government resources). Justice Marshall wrote "Interim ratesetting appears well suited to accommodating that dual goal... [and therefore] the procedures established by the Secretary to exercise his powers under the Flood Control Act both are within his delegated authority and constitute a reasonable accommodation of the policies underlying that Act." The Court further found that the rate increases were consistent with the cities' electricity contracts, which were based largely on the language of the Act.
Chief Justice Burger: The Court will hear arguments first this morning in United States v. the city of Fulton.
Mr. Pincus, you may proceed whenever you're ready.
Mr. Pincus: Thank you, Mr. Chief Justice, and may it please the Court:
The Federal government operates over 100 hydroelectric dams on the nation's waterways that generate electric power.
This case concerns the scope of the Secretary of Energy's authority to set the rates at which this power is sold to the public.
Specifically, the question presented here is whether the Secretary may place a rate increase into effect on an interim basis pending a final determination regarding the propriety of the new rate.
In April 1978, the Southwestern Power Administration, the entity whose rates are in dispute, issued a public notice of a proposed rate increase.
The notice stated that the SWPA was running a deficit of approximately $20 million and proposed a tentative 42 percent rate increase to enable the SWPA's revenues to cover its costs.
The notice solicited written comments and the SWPA subsequently held public meetings to inform interested parties about the proposed rate increase and to obtain oral comments concerning the proposal.
After considering the public comments, the SWPA reduced the rate increase to 33 percent and submitted it to the Assistant Secretary of Energy for his approval.
The Assistant Secretary reviewed the public comments and observed that this was the first rate increase in the SWPA's general rates in over 20 years.
He concluded that the rate increase satisfied the applicable statutory standard because it would generate revenues that would equal but not exceed the SWPA's costs of generating the power.
The Assistant Secretary therefore issued an order confirming and approving the rates and placing them into effect on an interim basis pending final action by the Federal Energy Regulatory Commission.
The Assistant Secretary's order specified that customers who paid the interim rates would receive a refund with interest if a lower rate eventually was placed into effect by the FERC.
The FERC again solicited public comments regarding the rates and at first issued a decision disapproving the rates because they were too low.
It founds that the rates in fact would not generate revenues equal to the SWPA's costs of producing the electricity.
After reviewing additional data that was subsequently submitted in support of the rates, the FERC reversed itself and approved the new rates in January 1982, 33 months after the rates had been placed into effect on an interim basis by the Assistant Secretary.
Respondents commenced this action in the Court of Claims seeking to recover the money paid pursuant to the rate increase.
They did not... do not challenge the amount of the rate increase.
They argue only that the Assistant Secretary cannot place rates into effect on an interim basis.
The Court of Claims held that the Secretary lacked the statutory authority to place interim rates into effect and that Respondents' contracts with the United States also barred the interim rate increase.
Following a remand to it for the calculation of damages, the Court of Appeals for the Federal Circuit reached the same conclusion.
Unidentified Justice: Mr. Pincus, what exactly do you mean by the term FERC?
Mr. Pincus: Yes, the rates... the rates are proposed by the SWPA or the other... any other power marketing administration.
They are examined by the Assistant Secretary who issues an order directing the customers to pay the rate increase, but providing that the rate, that those amounts are subject to refund if the [= FERC], which then considers the rate increase, determines that it is too high and substitutes a lower rate increase.
Unidentified Justice: What the Assistant Secretary was asking for is the pattern that was familiar with the Interstate Commerce Commission when tariffs were filed, was it not?
The tariff would take effect immediately until the Commission set it aside, but you say that's not permitted here?
Mr. Pincus: Well, this case, this case is... in the Interstate Commerce Commission example, and indeed, in private utility regulation, the utility typically files a rate which will take effect but is subject to suspension by the relevant regulatory body.
Unidentified Justice: Subject to refunds.
They segregate it, impound it?
Mr. Pincus: I don't believe that it's impounded.
I think that the utility is under, simply under an obligation to repay the money if it is eventually found that the rate increase is too high.
Here the rate before it is placed into effect is actually measured by the government, by the Assistant Secretary of Energy, against the applicable statutory standard here, the standard that rates should be set at a level that recoup revenues but don't provide any provide to the government.
So here customers are actually in a better position than they are in typical regulation because the rates already have been assessed for their propriety by the government.
So it is especially peculiar that in this context, where the rates already have been evaluated, even before they go into effect on an interim basis, the courts below found that the Secretary doesn't have this interim rate-setting authority.
Unidentified Justice: Mr. Pincus, do you think that the statute and the contract in question would permit a retroactive rate increase?
Has the government ever taken that position under the language of the contract?
Mr. Pincus: We haven't taken that position, and that question isn't presented in this case.
Unidentified Justice: I notice that, I notice that the language of the contract says that there can be a change in the rates to increase, decrease, modify or change them, and they will become effective on the date specified in the order, and I just wondered if the government had ever taken the position that that would permit a retroactive increase.
Mr. Pincus: Not to my knowledge, Your Honor, and that's not what we're contending here.
Here the date of the Assistant, that the Assistant Secretary issued his order in March 1979, and the interim rate took effect on April 1, 1979.
So we are not contending for any retroactive authority here.
The rates, the Respondents were permitted to comment on the rates before the Assistant Secretary reached his decision.
The Assistant Secretary reached his decision, and only then did the rates take effect.
So this case does not involve any retroactive rate increases.
Unidentified Justice: You say it took 33 months between the time of the promulgation of the tentative rate or the interim, and the final approval?
Mr. Pincus: Yes, Your Honor, and that long delay is the problem that the Secretary faces in trying to recoup the cost of electricity for that what Respondents... the result that for which Respondents contend would have deprived the government of the incremental revenue for that entire 33 month period and essentially given them a windfall of paying rates that had already been determined to be below cost for that entire period of time.
Unidentified Justice: Are delays of that length, is that the usual?
Mr. Pincus: I understand from the Department of Energy, Your Honor, that the process has been speeded up somewhat--
Unidentified Justice: To what?
Mr. Pincus: --since these early days.
Unidentified Justice: How much have they cut it back?
Mr. Pincus: I don't have the specific amount of time, but I gather that it no longer takes approximately three years to place rates into effect, but the delay still can be substantial, and there's no reason why interim rates can't be placed in effect since Respondents essentially suffer no harm because if the rate is subsequently found to be too high, they are entitled to a refund.
Since interim rates are such a typical feature of conventional ratemaking, there's no reason for the Secretary to be deprived of that authority here.
Unidentified Justice: Well of course, if you are right on your interpretation of the Energy Act, in that the Secretary has... in that you claim the Act gives the Secretary complete ratemaking power.
Mr. Pincus: Yes, Your Honor, we contend--
Unidentified Justice: And he's created his own problem by giving final approval to the FERC.
Mr. Pincus: --Well, Your Honor, we don't think it's a problem because we don't think that--
Unidentified Justice: Well, it is, it is if, it is if you say that, if there's a long delay.
The Secretary doesn't need to delay anything.
Mr. Pincus: --Well, that's true, Your Honor, but what the additional review does is impose safeguards for taxpayers' rights to revenues that recoup costs and also safeguards respondents' rights by giving them an additional review to ensure that rates aren't too high.
So we don't... there's no prejudice to anyone here.
Unidentified Justice: And here the FERC raised the rates, didn't it?
Mr. Pincus: The FERC at first thought that the Assistant Secretary was wrong and that the rates were too low, and it subsequently was convinced, upon getting some more information, that the rates were appropriate.
Unidentified Justice: Is there any doubt about the FERC's authority to raise as well as to lower the proposed rate?
Mr. Pincus: Your Honor, the FERC cannot... can only approve or disapprove a rate.
It cannot change the rate under the... under the scheme that the Secretary has set up in the delegation order.
What would happen if the FERC in this case, for example, had adhered to its view that the rate was too low, that it would send the matter back the the Assistant Secretary who would then have to devise another rate that met the FERC's objection.
Unidentified Justice: The... do you contend that the language of the contract goes no further than the language of the statute itself?
Mr. Pincus: Exactly, Your Honor.
We think that the contract provisions simply say that the Secretary may exercise the full extent of his statutory ratemaking authority.
Unidentified Justice: Because the language is a bit different.
The statute says the rate schedules to become effective upon confirmation and approval by the Federal Power Commission.
Now, do you interpret the statute after the new creation of the Department of Energy as substituting the Secretary of Energy for the Federal Power Commission, or do you conceive that FERC stands in the shoes of the Federal Power Commission under that language?
Mr. Pincus: Of the contracts, Your Honor?
Unidentified Justice: No, of the statute which I read to you.
Mr. Pincus: We believe, we believe that the Secretary of Energy is substituted for the Federal Power Commission in the statute, that the Department of Energy Organization Act provides that except for authority, that with respect to authority previously possessed by the Federal Power Commission, it's basically divided into two parts.
The Act specifically designates certain authority that is transferred to the FERC, and it provides that all the rest of the Federal Power Commission's authority shall be transferred to the Secretary, and since this authority under Section 5 of the Flood Control Act is not specifically set forth in the Department of Energy Organization Act as one of those bits of authority that is transferred to the FERC, it clearly is transferred to the Secretary of Energy by that statute, and that is set out in our brief and also in the Fifth Circuit's opinion in the Tex-La case, and we think the Court of Claims simply made a mistake in reading the statute to transfer that authority to the FERC.
Unidentified Justice: And the FERC's in the Act at all, you claim, just by the will of the Secretary.
Mr. Pincus: Exactly, Your Honor, and I should point out that Respondents in their brief do not take a different position.
They agree that the Secretary could change the delegation order and provide that he alone exercises authority to confirm and approve rates and eliminate the FERC completely from the process, and that would be permissible under the statute.
Unidentified Justice: I gather the Fifth Circuit agreed with your position, did it not?
Mr. Pincus: Yes, the Fifth Circuit--
Unidentified Justice: And expressly disagreed with the Court of Claims' holding in this case.
Mr. Pincus: --Yes, Justice Brennan.
The Fifth Circuit said, in fact, that in its view the Court of Claims had simply misread the statute, and it pointed out the reasons that it was clear from the statute that the Federal Power Commission's authority had been transferred to the Secretary of Energy.
The Court of Claims invalidated the rest of its decision invalidating the rates on three bases, most of which we've talked about.
First, it found that the interim rate increases were barred under the contracts, but as I've discussed, the contract provisions simply provide that the Secretary of Energy may exercise his full statutory authority.
So really there is no separate contract question in this case.
The contract question is the same as the statutory question, whether the Secretary has the statutory authority to impose interim rates.
The second ground relied upon by the Court of Claims is its view that Congress did not transfer the Federal Power Commission's authority to the FERC.
However, as the Fifth Circuit pointed out and as we demonstrate in our briefs, it's quite clear that the Department of Energy Organization Act expressly transfers that authority to the Secretary of Energy, and that the FERC's involvement in this process is solely by virtue of the fact that the Secretary determined that review by the FERC was appropriate in his delegation order.
So the only issue really in this case is whether the Secretary has the authority to place rates into effect on an interim basis, and we think that that authority is supported on two separate grounds: first of all, on the basis of Section 5 of the Flood Control Act which broadly empowered the Secretary of the Interior to sell electricity at the lowest possible rates to consumers, consistent with sound business principles, and in using such a general term to describe the scope of the Secretary's authority, Congress plainly intended to give the Secretary substantial leeway in selecting the manner in which to administer this program.
Basically Congress... this is a proprietary program selling Federal property, and Congress has directed the Secretary to dispose of it in whatever manner he thought appropriate consistent with the way a business would dispose of a similar asset.
And Respondents have presented no reason that interim rate increases should be excluded from this broad grant of authority.
And in fact, interim rate increases are a typical conventional ratemaking procedure, and rate regulation schemes governing private utilities typically provide that rates may be placed into effect on an interim basis pending the final regulatory determination.
And the reason for that rule is very simple.
The judgment has been made that the regulated utilities should not be required to bear the burden of financial... of the loss of revenues due to regulatory delay.
And interim rates allow the utility to obtain the revenue that it needs and at the same time safeguard the customer's rights because the customer is entitled generally to a refund with interest if the regulatory body later finds that a lower rate is appropriate.
The Federal Power Act, for example, permits private utilities to file their rates and permits the rates to go into effect on an interim basis, subject to a refund if the lower rate is adopted by the FERC.
We think it would be anomalous to construe Section 5 in a manner that deprived the Federal Government of this ratesetting technique.
Unidentified Justice: Mr. Pincus, what evidence is there that under the old scheme, before there was a Department of Energy, that the Federal Power Authority interpreted the Act as giving it the power to set interim rates?
Mr. Pincus: Your Honor, there are three examples, three cases in which the Federal Power Commission did set rates into effect on an interim basis, one example under this statute, one example under the very similar language of the statutes governing the Bonneville power projects.
I think that those interpretations of the statute by the administrative entity that administered it are entitled to deference and show that the position for which we contend is the appropriate interpretation of the statute.
And Respondents make much of the fact that those are the only examples, but this Court has held several time that the mere fact that an agency has not exercised its power does not mean that the power doesn't exist, and we think that is all that is true of the situation cited by Respondents here.
Respondents' basic argument that Section 5 does not confer interim rate authority is their claim that the statutory provision, the statute bars the rates by providing that rate schedules become effective upon confirmation and approval by the Federal Power Commission, but we think this language simply has nothing to do with any prohibition of interim rates.
All the statute... the statute does not require complete administrative action before the rates are placed into effect.
It simply requires a decision by the Federal Power Commission or the entity that exercises the Federal Power Commission's confirmation and approval authority here, the Assistant Secretary, and here the Assistant Secretary did specifically that.
Before the interim rates went into effect, he issued an order discussing whether the rates met the statutory standard and expressly confirming and approving the rates on an interim basis, and we think that is all that the statute requires.
There simply is no requirement that all administrative action be completed before the rates are placed into effect.
In addition, it's clear that Congress' purpose in requiring the Federal Power Commission to act is not at all furthered by requiring final approval of rates.
All that Congress wanted was the Federal Power Commission to apply its expertise in evaluating a rate before the rate was placed into effect, and that's exactly what happens under our interpretation of the statute.
Before an interim rate is placed into effect the rate is evaluated under the statutory standard by the government entity that possesses that authority.
I would also like to briefly address our second argument, that independent of Section 5 of the Flood Control Act, the Secretary's now plenary authority over the rates under the Department of Energy Organization Act also permits the Secretary to use interim rates.
We think that this Court has recognized that this type of plenary authority carries with it the authority place rates into effect on an interim basis when that is necessary to serve the public interest, and we think that that is the situation here.
Interim rates serve the public interest, especially in this case where the SWPA's revenues had fallen so far behind in recouping its costs, and do not harm consumers because the consumers, first of all, have the right to comment on the rates before they go into effect, have the review of the rates by the Assistant Secretary, again before the rates go into effect, and have the final level of review by the Federal Energy Regulatory Commission and a refund if the FERC decides that the interim rate was too high.
In that situation, we think there's simply no reason to deprive the government of the right to place interim rates into effect.
Unless the Court has any questions, I'd like to reserve the balance of my time.
Unidentified Justice: Very well.
Mr. Wheatley.
Mr. Wheatley: Thank you, Mr. Chief Justice, and may it please the Court:
In view of the argument that the government has made, we think there are three main issues that are before this Court relating to the question of whether or not the Department of Energy could impose an interim rate structure on the rates.
The first question is whether or not the contacts the government entered with these three cities, by their terms, do not allow an interim rate but require the final rate, approved by the Federal Energy Regulatory Commission.
Unidentified Justice: Mr. Wheatley--
Mr. Wheatley: Yes.
Unidentified Justice: --do you think the contract provisions have independent significance apart from the statute, or does the contract permit what the statute permits?
Mr. Wheatley: Justice O'Connor, I believe that the contracts have independent validity because when you read the language of those contracts, they are more explicit and more definitive than in fact the language of the statute.
Unidentified Justice: Well, as I read the contract, it would even allow a retroactive increase.
Mr. Wheatley: Well, the language of the--
Unidentified Justice: So the language of the contract, if that's what you are relying on, may be more generous than the government even urges.
Mr. Wheatley: --Well, I don't see how the language of the contract could reach a retroactive result because it says the new rates shall thereupon become effective in accordance with and on the effective--
Unidentified Justice: On the effective date specified.
Mr. Wheatley: --date specified in the order.
Now, it says "thereupon".
In other words, the FERC and its predecessor the Federal Power Commission, would have to confirm and approve the increase, and they cannot approve the increase and confirm it until they do that in a final order.
Now, the words FPC, that refers to the final approval process, so that you need... the Commission would have to be making its final approval.
A case directly in point on that is New York State Electric & Gas v. FERC at 712 F. 2d 762 or 768.
The FRC... neither the FPC nor the FERC nor anyone involved in these rates since they have been in effect have ever sought to put them into effect on a retroactive basis, and I think it comes from the language in the contract and also from the language of the Flood Control Act which says that the rate increases cannot be put into effect until a confirmation and approval, which by the legislative history of the statute means final approval.
So the Commission could not after final approval attempt to backdate the contract.
That issue hasn't come up, but the language certainly is clear regardless of the question of retroactivity, that the language of the contract is more explicit and more detailed than the language of the statute.
Unidentified Justice: But you take the position that in any event, it wouldn't be allowed under the statute either, is that right?
Mr. Wheatley: We say that, first, if you read the contracts, the plain language of the contracts and the consistent practice under those contracts, and up to this case as well as the interpretation of the words in the contract by other courts and by the Federal Power Commission, those kinds of words in the whole group of Sierra-Mobile cases, if you take that whole--
Unidentified Justice: But what if all you had was the language of the statute and the history of its application by the Federal Power Commission?
Could it establish interim rates?
Mr. Wheatley: --If you put... no, clearly not.
If you put aside the clear language of the contracts which go beyond the language of the statutory in being explicit that you need a final order and that interim rates are not permitted, you still have the language of the Flood Control Act which, as it was construed in the legislative history, required a final order by the FPC, and under the administrative practice, consistent administrative practice under the Flood Control Act up until this case, that Act was consistently construed as requiring the final approval by the Federal Power Commission, and even as we read... every court that considered this, it was three district courts and the Court of Claims, the Federal Circuit Court and the Fifth Circuit, all six of those courts, to our opinion, in construing Section 5 of the Flood Control Act, have construed that that act required a final decision by the Federal Power Commission or the Federal Energy Regulatory Commission.
The Fifth Circuit opinion--
Unidentified Justice: Well, that is certainly true, but your question is whether, whether you needed a final order before any rates could go into effect.
Mr. Wheatley: --That's correct.
That's what we think the Section 5 of the Flood Control Act, Justice White, requires, and the Fifth Circuit in its construction of Section 5 of the Flood Control Act, if you read the opinion closely, seemed to reach the same conclusion.
They got a different result, not under Section 5 of the Flood Control Act but saying the Department of Energy Act modified and amended Section 5 of the Flood Control Act.
So it is the Fifth Circuit which alone of all the courts that considered this, have said interim rates are possible, has reached that result on the basis of the decision of Congress in their minds in the DOE Act, but when you track through the exact provisions of the DOE Act, an it was only a transfer, the legislative history was quite clear that it was not to be an amendment of the prior laws, the prior statutes, and each of the exact provisions of the DOE Act, we think that the Federal Circuit reached a better opinion.
Unidentified Justice: Do you think the FERC inherited power to approve rates directly from the FPC?
Mr. Wheatley: No.
I think what happened was that--
Unidentified Justice: You think that FERC derives its power from a delegation of the Secretary.
Mr. Wheatley: --I think it does arise from a delegation.
Unidentified Justice: And the Secretary would have had the... could have kept the entire power himself.
Mr. Wheatley: He could have kept that power, but he could have kept only the power that was granted by Section 5 of the Flood Control Act, and that power was limited by Congress.
When you read the legislative history of Section 5, they did not intend to give plenary authority to the Federal Power Commission in the approval of rates.
It was a very limited authority.
It could only be directed to approve or confirm the rates.
Unidentified Justice: With the Secretary proposing them.
Mr. Wheatley: --Yes, what they propose.
It could either act... veto it... just, Mr. Ickes in his appearance before the Committee when the Section 5 was being debated in its predecessor Act, the Bonneville Act, said quite expressly that it was a veto power.
It required final action by the Federal Power Commission, but it was a limited authority to affirm.
It was not a plenary grant of authority like the Interstate Commerce Commission has or like the Federal Power Commission has under their express statutes.
Now, had Congress in 1944 in passing Section 5 of the Flood Control Act intended to grant the power to either the Secretary or to the Federal Power Commission to grant interim rates, it could have used the language that it had before it in the earlier Natural Gas Act of 1938 or the Federal Power Act of 1935, also the Interstate Commerce Act had express provisions in it that allow for interim rates and authorize interim rates.
Section 5 of the Flood Control Act did not intend to do that, and I think the reasons for it are set forth in the analysis that the Fifth Circuit made of Section 5 wherein I think the Fifth Circuit came up with the conclusion that there wasn't any authority in the Flood Control Act of 1944 to permit interim rates.
Unidentified Justice: It is rather extraordinary, though, isn't it, Mr. Wheatley, for a utility, public or private, not to have any ability to set new rates in force short of a 33 month delay.
Mr. Wheatley: Well, I think that the delay, Mr. Rehnquist, was a result of procedures which the Secretary of Energy and the [= FERC], he could have increased, shortened that time considerably, and they have shortened it since that time.
Furthermore, in the long history after the Flood Control Act was enacted, in '44, in all of the dealings with the cities under the SWPA, over that entire period of time up to the instance in this case, at no time did SWPA ever sought to issue an interim rate.
That's up to '79.
After the Court of Claims decision in this case in '82, SWPA went back to its old practice of not issuing interim rates, and in 1983 they issued a rate that was not an interim rate, and if the Court can take judicial notice of SWPA's annual report for 1984, they have done very well indeed since they've been following the practice.
The report states... this is the annual report for '84... I'm pleased to report the Southwestern Power Administration was financially healthy when the books were closed at the end of fiscal 1984.
We received record revenues of $100.5 million, of which $93.2 million was deposited with the U.S. Treasury, assisting in reduction of the federal deficit.
This may be compared to the $52 million in funds appropriated by Congress for operation of the Southwestern Power system.
Of this revenue, $21.8 million was available for debt retirement, which also, is also a record.
Our previous accumulated debt retirement was $39.9 million.
These records were achieved in a year of slightly less than average electric energy generation.
So I think this report which was based on rates that were issued without violating the express language of the contracts of the cities, shows that SWPA through the Department of Energy and utilizing a procedure without interim rates, can operate to keep its books in balance and to do well.
Now, the question of the contract itself, this case is one of the first cases to reach this Court from the new Federal Circuit, and Congress has set up that Court to have expertise in matters such as this dealing with the meaning of federal contracts.
We have the result of both the Court of Claims before it was abolished and the Federal Circuit Court of appeals construing the language of the contract in this case as on its claimed language precluding a rate increase to these cities until such time as there have been a final confirmation and approval by the FERC.
Now, that contract construction where the Court subsequently went into the course of conduct between the parties over the long period of time that the contracts had been in effect I think is entitled to great deference.
The findings that both the Court of Claims and the Federal Circuit reached on the meaning of these contracts and the plain language and the course of conduct is within their scope of expertise to review and consider federal contracts.
The Fifth Circuit in its opinion really didn't analyze the contracts.
It really simply analyzed the statutory, and just assumed that the contracts would follow its construction of the subsequent statutes.
We think that the Fifth Circuit was in error.
There was a long pattern of conduct that started after the Flood Control Act was issued, where no interim rates were issued by SWPA.
We have listed the cases at pages 36 and 37 from 1947 on up to the '70s.
Throughout all of those cases until the present case, SWPA never sought an interim rate.
Unidentified Justice: Of course, an interim rate isn't so important unless you've go a period of heavy inflation.
Mr. Wheatley: Well, the interim rate is I think a question of what... it could be important in an inflationary period, yes, but on the other hand, the contracts by their express language and their course of conduct, there was never any permission of an interim rate under that scheme.
Unidentified Justice: Well, all I'm suggesting--
Mr. Wheatley: Yes.
Unidentified Justice: --is, you know, this doesn't affect the argument based on the language of the contract or the language of the statute, but when you are arguing past practice, it may be that the regulators saw a need for an interim rate only in a time of heavy inflation.
Mr. Wheatley: Well, it could be that is so, but certainly when the Power Act and the Gas Act were enacted in 1935, Congress put in express interim rate authority, and it seems strange that in 1944, which is a few years after that, they didn't put the same authority in there if they thought it was important and necessary.
And I think the reason they thought it wasn't necessary was... goes back to Secretary Ickes' concept in his sponsorship of the bill.
He wanted a bifurcated system to review, but he wanted the Federal Power Commission review to be quite limited, and they would only have the limited function of approving, and they did not have any broad plenary functions like the Federal Power Commission would have or the Interstate Commerce Commission would have.
And he wanted them also... he was very explicit about this, that they had to have the final say, that the rate could not go into effect, and we've cited his comments on this in our brief, until there was a final order by the Federal Power Commission, and that one ingredient is missing here even after the DOE Act.
The Secretary of Energy, in his wisdom, decided that the wanted to delegate the function of confirmation and approval back to the FERC which was the successor agency to the Federal Power Commission.
So he delegated that in his order, and at that point you come back to the express language of the contracts and the Flood Control Act.
Unidentified Justice: But you take the position that even had there been no delegation to FERC, no interim rate would be possible, is that right?
Mr. Wheatley: I think that that is true because the Department of Energy Act, when it was enacted, simply transferred the situation as it existed under Section 5 of the Flood Control Act, to the Secretary of the Energy, and it's true that at that point the Secretary of the Energy had the power, the limited review and confirmation power of the FPC plus the power that the Secretary of Interior had under the Flood Control Act.
He had both those powers, but those powers were never plenary under the Flood Control Act.
The power to confirm rates was not changed substantively, and all Congress did in the DOE Act was transfer.
They simply transferred what existed previously and didn't augment and increase it.
And the Court reports and the Chairman of the bill, when it was enacted, made it quite clear they were not creating any new substantive power and authority in the Secretary of Energy.
Well, the further sections relating to the DOE Act is 301(b) and 302(a)(1), both of those simply transferred functions, and as the Federal Circuit recognized, the meaning of the word "transfer" is clear, and it does not permit a definition that permits the augmentation of the prior powers.
Now, nothing in the transfer gave any additional authority in addition to the Section 5 language, and also, there was a Section 501(a) of the DOE Act which expressly provided that any procedural requirements under any prior law that were transferred that were in addition to that which the DOE had itself were to remain intact and in place.
This clearly brought with it the limitations that were implied or were expressed in the 1944 Act requiring final confirmation and approval by the Secretary or... and his delegee, the Federal Energy Regulatory Commission.
I mentioned earlier the legislative history of the DOE Act also where Chairman Brooks, who was the floor manager, said the Secretary would not have any powers not already created by Congress, and that's cited at page 40 of our brief.
And Chairman Dunham of the Federal Power Commission in the Senate hearings relating to the DOE Act said he could separate reorganization from substantive authority and he looked and construed the DOE Act as simply a reorganization act and not as an act investing the DOE with any additional authorities other than that which it had under the transferred acts.
Now, the government's position that the consolidation of the Flood Control Act and the DOE Act gives plenary authority over rate increases and interim rate authority we think is patently wrong.
And the decision by the Federal Circuit below adopted a District Court opinion in the Sam Rayburn Dam case, where that issue was gone over very carefully and clearly shows and demonstrates that the DOE Act did not intend to augment any powers that were previously involved.
But regardless of the legislative history, I think there's one bottom line that comes out.
That is that when the Secretary delegated his authority for the final approval and confirmation, he was at that point, to the FERC, at that point until that final approval and confirmation took place, there was no completion of the exact event which the statutory language in the Flood Control Act, which is still valid, had taken, had occurred, it would take place.
Well, I think that that completes my argument.
Unless there are further questions, I will just relinquish the rest of my time.
Chief Justice Burger: Thank you, Counsel.
Do you have anything further, Mr. Pincus?
Mr. Pincus: Not unless the Court has any questions, Your Honor.
Chief Justice Burger: Apparently none.
Thank you, gentlemen.
The case is submitted.


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14 New Year's Eve Party Ideas, Recipes, Drinks & Decorations
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Stunning New Year's Centerpiece
By: Dondi Richardson for Flora Craft
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A blue and silver tablescape is great for New Year's eve celebrations. With this Stunning New Year's Centerpiece from FloraCraft, you're guests are sure to be impressed. Use STYROFOAM of various heights and sizes to create something elegant and striking.
- STYROFOAM™ Brand Foam Balls: 2", 2.5", 3"
- Mini Silver Ornaments
- Ribbons: 1.5" wide blue/brown, and 7/8" wide blue shimmer
- Glass or Acrylic Gems: Icy Blue
- Low-Temp Glue Gun & glue sticks
- Silver Ornament Ball: Remove hangers from mini silver ornaments. Attach the tops of the ornaments into the ball of STYROFOAM* using low-temp glue until the ball is completely covered. (Hint: it takes about 36 – ¾" mini ornaments to cover a 2.5" ball.)
- Ribbon Wrapped Ball: Glue one end of the blue/brown ribbon to the side of a ball and wrap all the way around gluing again where you started. Repeat this step with lengths of ribbon to completely cover the ball. Glue the blue shimmer ribbon on top of the blue/brown ribbon wrapping the ball twice dividing it into quarters as shown.
- Blue Gem Ball: Attach the gems using low-temp glue to completely cover the ball and press the gems on tightly. Press gems for a few seconds, giving the glue time to dry.
- Arrange on a platter or directly on the table. Decorate STYROFOAM cones for added dimension.
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subset: commoncrawl


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What to Feed WhenPaperback
List price $15.56
You save $2.23 14% off
Free delivery worldwide
Dispatched in 2 business days
When will my order arrive?
- Publisher: Dorling Kindersley Publishers Ltd
- Format: Paperback | 224 pages
- Dimensions: 168mm x 216mm x 18mm | 599g
- Publication date: 1 February 2011
- Publication City/Country: London
- Illustrations note: col. Illustrations
- Sales rank: 21,742
Product description
This is the only Q&A recipe book to tackle all your feeding challenges from Annabel Karmel. Bestselling author and children's food expert, Annabel Karmel, supplies all the answers to feeding your baby and toddler, from birth to age three. More than 400 Q&As guide you through the many issues you may encounter, with tips on when to wean, advice on allergies and suggestions for introducing exciting new foods. 50 tasty 'recipes to the rescue' help to solve key challenges such as how to ensure your child is getting enough omega-3s and how to sneak vegetables into your fussy toddler's diet. With Annabel Karmel by your side, you'll have everything you need to establish good eating habits that will stay with your child for life.
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Author information
Annabel Karmel MBE is a bestselling author and respected authority on child nutrition and cookery who has written 17 bestselling books including DK's Feeding Your Baby and Toddler. She writes for a wide range of magazines and newspapers including The Times, Sunday Mirror and Daily Mail and appears regularly on radio and television. Annabel's 'Make Your Own' cooking equipment range is sold in Boots and M&S and her award winning 'Eat Fussy' ready meals are available in Sainsbury's and Ocado. Her TV online channel launched in 2008 and she has kid's restaurant menus in Tootsies, Thorpe Park and Chessington. Annabel lives in London.


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(update from 4/30)
SP2 is out, all information can be found here: Announcing Service Pack 2 (SP2) for Microsoft Project 2007 and Microsoft Project Server 2007
As announced by the Office Sustained Engineering team today, Service Pack 2 for the 2007 Microsoft Office System due to ship April 28th.
Office 2007 Service Pack 2 (SP2) includes updates for Project desktop and Project Server 2007 along with updates to the rest of the Office 2007 product family. Product updates for Project are:
Project (desktop)
Project Server
Start planning for this major software update; please stay tune for more information on April 28th.
PingBack from http://www.pmtoolbox.com/project-management-news/project-server-2007-upgrading-from-a-pre-october-cu-may-fail-during-psconfig-step-8.html
Service Pack 2 (SP2) for the 2007 Microsoft Office System is due to ship April 28 th . Please join Adrian
Service Pack 2 (SP2) for the 2007 Microsoft Office System is due to ship April 28 th . Join Adrian Jenkins
E' stata annunciata la data di rilascio del service pack 2 di SharePoint e degli Office Server (es


text:
This comment is currently awaiting admin approval, join now to view.
This mod is anything but what the name suggests. I intend to bring some more added realism to the game, as well as random fun-bits in celebration of the new GTAIV. The main objective of this modification is to revive GTA3, and make it what it used to be. I aim to bring new menus, new vehicles, a new radar, new textures and anything I can think of.
0 comments by FuzzyDogSlayer on Dec 16th, 2008
Okay so the old maps weren't the most appealing, and nor were the colours. Another thing that kind of annoyed me was the fact that the roads were transparent. What was the point in that! This has prompted me to recreate the radar map in black & white, it's simple, clean and effective, shame I can't say the same for the processing. It's going to be long, boring and repetitive, I have 64 images to go through, and the alphas!
The best mod for GTA III ever!!!
When is the download?? :P
I want the download! :P
hay chris1001001 do u like far cry
nice pic
how do u download it
where do i download?
its not out yet you ******* idiot...
Promote Grand Theft Auto 3: Basic. on your homepage or blog by selecting a button and using the embed code provided (more).


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Jon Heyman of SI.com reports via Twitter that the Diamondbacks have agreed on a $1.05 million deal with utility man Willie Bloomquist or 2011 with a mutual option for 2012.
Bloomquist, 33, was traded from the Royals to the Reds in September and put up a combined 2010 line of .267/.299/.380. He's the ultimate utility player, having played every position on the field other than pitcher and catcher each of the past three years. He's not a big hitter (just 13 career homers in more than 2,000 plate appearances), but is a versatile defender and a speedy pinch-runner.
Nick Piecoro of the Arizona Republic notes that Arizona's bench is now likely to include catcher Henry Blanco, outfielder Gerardo Parra and primary infielders Bloomquist and Geoff Blum, with the final spot coming down to a battle between Tony Abreu, Cole Gillespie, Ryan Roberts, Brandon Allen, Wily Mo Pena and Collin Cowgill.
-- David Andriesen
For more baseball news, rumors and analysis, follow @cbssportsmlb on Twitter or subscribe to the RSS feed.


text:
Sowing the Seed
Craig Dyer shares how Mission Africa is working with churches in Nigeria to help them reach out to their own communities. more
Craig Dyer shares how Mission Africa is working with churches in Nigeria to help them reach out to their own communities. more
Learn, see, make and share in a fun Christmas craft event. Supporting Mission Africa's Advance ministry. more
Supporting Mission: How the UK Church can connect with Africa more
We have launched our summer team brochure for 2015. Go to Nigeria, Kenya and Burkina Faso for 3–4 weeks to serve God in many different ways. more
Advice for staying safe while travelling with Mission Africa. more
Please pray for Ruth Garvie as she prepares resources for the next school year. Samuel will be starting Primary 3 and Beth beginning Primary 1.
Open Doors provides specialised education for children with physical and learning disabilities in a warm Christian environment. more
After religious riots in 2010, BRICC was set up to bring Muslims and Christians together through education, in a divided part of Jos. more
Mission Africa's Jeremy Nash challenges us to invest in the lives of children in needy Burkina Faso by sponsoring a Bible course project. more
The Desert peoples are rugged nomadic Muslim groups who live in Northern Chad. They are key groups that have a strong influence with the gov more
ACTS – strengthening the church in Africa by providing relevant and affordable theological literature for Christian leaders and institutions more
The opportunity to work in a theological college convinced Donald of the great potential of good theological education in Africa. more
Before returning to the UK in 2010, the Nashes were successful church planters among the Dagara people in the rural south of Burkina Faso. more
With over thirty years medical experience, Roy and Jane help minister to the physical and spiritual needs of villagers in rural Chad. more
Having lived and ministered for almost a decade in Jos, Pamela knows that God answered her prayer as a teenager to guide her every step. more
Using their expertise as a librarian and in editorial work, Fraser and Dawn are serving and strengthening the church in Nigeria. more


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Cerwin-Vega VE-8F Floor Standing Speakers
- Construction: 2-Way
- Mounting: Floorstanding
- Speaker Type: Floor Standing Speakers
Available FromWhy are these offers here?
- Overview
- Compare Prices
Consumer Reviews
Showing 1 - 2 of 2 Reviews
Great for a mini club at home!
I put this system downstaits for a mini club scene. It sounds great..especiall on the hip hop tunes which require a lot of bass. Will work great if you are into loud music, with loud beats. I dont know if this will come in handy if you just want peaceful music...you might want to try a bose system... Read full review »
Not to be judged by size
The VE-8 speaker from Cerwin Vega is perfect for smaller spaces, or as the left/right speakers in your home theater system. The 2-way design with 1 1/4-inch treated silver mylar tweeter delivers terrific definition and acoustic clarity. Read full review »
Available From
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Cerwin-vega Ve-8 2-way Tower Speaker
This Model VE-8F 2-Way Tower speaker from Cerwin Vega features an 8in woofer and 1-1/4in treated silver mylar tweeter for fantastic definition of sound, and great acoustic clarity. Only 30 inches tall, it is ideal for smaller spaces, or as the left/right speakers in a home theater system. With a cast frame woofer with distinctive Vintage red surround the VE-series delivers legendary Bass-Reflex design in a sleek mini tower format. Each model is designed to integrate easily with the others, usin
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You can now invite anyone to meet at your favorite Starbucks.
Limited-time feature
31 year old man | Miami, FL, USA | Seeking women 23-30 within 25 miles
Active within 24 hours
I am an easy going guy who loves to work hard and play hard.
I am an easy going guy. Just wanted to try match.com and see what comes out of it. What can I say about me? I am Mexican, moved to Florida for Grad school and got a cool job in Miami. I moved to Miami and I enjoy it, although haven't been around as much as I wanted at first. My life is relatively different from that of most people my age. I have come through many experiences that most people would find difficult. I am a self made man, I made my way through adversity and I feel blessed every time I wake up and realize I am where I want to be, doing exactly what I love to do. The best news is that I am not done yet. Traveling is my biggest passion. I have been in about 38 different countries just in the past 4 years. Can't wait to see where life will take me next time. I am active, love hanging out and try new fun activities. I am social and love it when I get to meet fun and interesting people. I love having time to read, relax and watch movies as well. I would say I am very practical, I am not into the flashy lifestyle. The single thing I value the most is my family and friends. I love them with all my heart. Music, boxing,cooking and running just became my latest favorite things to do. I did sacrifice a lot of my free time and my favorite activities the past few years because of work (never going to make the same mistake), so I am trying to get back in shape and in the right track of balanced life. Well, I am giving this site a chance. I am looking for a nice girl with values, independent, goal oriented, who cares about herself not for vanity but because loves and respects herself, someone to have fun with, with good sense of humor and that can share the things I love and maybe teach me a couple of things I have missed along the way. Basically a partner in crime :)
Coffee and conversation , Cooking , Dining out , Movies/Videos , Museums and art , Music and concerts , Exploring new areas , Nightclubs/Dancing , Playing cards , Playing sports , Travel/Sightseeing , Volunteering , Watching sports
Basketball, Football, Golf, Other types of exercise, Running, Soccer, Walking / Hiking, Weights / Machines
I exercise 3-4 times per week.
I like Dogs, Fish
I have a beautiful black Schnauzer back in Mexico. I love her, however I don't have any pets in Florida. I love animals.
Some other viewpoint
I love traveling, so I love visiting all kind of places all the time, especially Mexico Favorite Spots: Cuzco, Buenos Aires, New Orleans, Rio de Janeiro, Costa Rica, Colombia, Bolivia Want to go to: Greece, Southeast Asia, Egypt
University of Florida, Gainesville, FL
I love all kind of music from salsa to country as long as it is good music. I don't watch too much TV, but I try to keep up with a few TV series. I love movies. Love reading
I love going to the beach, playing paintball, soccer, watching movies and trying new stuff. Love theme parks, attending sport events and concerts.
I am reading all the time. Mainly business books, biographies and thriller novels.
Z{{Cta}} {{#if HasMoreInfo}} ?{{CtaSecondary}} {{/if}}
|What he is looking for
|5'11" (180cms)
|4'2" (127cms) to 6'2" (187cms)
|Body type:
|About average
|Slender, About average, Curvy, Athletic and toned, A few extra pounds
|Black, Blue, Brown, Grey, Green, Hazel
|Dark brown
|Auburn / Red, Black, Light brown, Dark brown, Blonde, Salt and pepper, Silver, Dark blonde, Grey, Platinum, Bald
|No Way
|No Way, Occasionally
|Social Drinker
|Never, Social Drinker
|Retail / Food services
|Administrative / Secretarial, Artistic / Creative / Performance, Executive / Management, Financial / Accounting / Real Estate, Labor / Construction, Legal, Medical / Dental / Veterinary / Fitness, Political / Govt / Civil Service / Military, Retail / Food services, Retired, Sales / Marketing, Self-Employed / Entrepreneur, Student, Education / Teacher / Professor, Technical / Science / Computers / Engineering, Travel / Hospitality / Transportation, Other profession, Nonprofit / Volunteer / Activist, Law enforcement / Security / Military, Fashion / Model / Beauty, Architecture / Interior design
I love my job
|I'll tell you later
|Less Than $25,000, $25,001 to $35,000, $35,001 to $50,000, $50,001 to $75,000, $75,001 to $100,000, $100,001 to $150,000, $150,001+
|Never Married
|Never Married
|Have kids:
|No preference
|Wants kids:
|Definitely, Someday
|Latino / Hispanic, Other
|Latino / Hispanic, Middle Eastern, White / Caucasian
Mexican born and raised.
|Spiritual but not religious
|No preference
|English, Portuguese, Spanish
|English, Spanish
|Graduate degree
|Associates degree, Bachelors degree, Graduate degree, PhD / Post Doctoral
I have an MBA and I am already looking for another business degree in the future. I just love learning all the time.


text:
First Look At David Tennant As The Purple Man In AKA Jessica Jones!
Could Agents of SHIELD be setting up Civil War? Watch a new Avengers: Age of Ultron clip! Rahul Koli teases what's ahead for Ravi on iZombie. Melisandre has plans for Jon Snow on Game of Thrones. Plus, teasers for what's to come on Arrow, Last Man on Earth, and more. Spoilers await! »


text:
Details and Shopping
Customer Favorite
- FP Exclusive :
- Only sold thru Free People
Oversized blouse with embellishments on the sleeves. Round raw hem. Tie up detailing at the bust.
*100% Rayon
*Machine Wash Cold
*Machine Wash Cold
Measurements for Small:Bust: 47 in = 119 1/2 cm
Length: 26 1/2 in = 67 1/4 cm
Sleeve Length: 23 1/2 in = 59 3/4 cm
Rated 3.6 out of 5Â by 7 reviewers.
Rated 3 out of 5Â by Jennasixx Beautiful but HUGE I am normally a med or small in FP. 130lbs and 34b bra I got this in a med and omg it's sooooo big. I think it made me look big. I was going to size down but it's just so long in the front. I'm not sure if I will re order. It's a pretty top but size down for sure ;). It's light and thin. I think the model was wearing an xs in the catalog pics. I wish FP would photograph the model in the size they state she is wearing and actually show the item without it being tucked in so we can see the items true length and size 7.15.2014
Rated 4 out of 5Â by sward SIZE DOWN Got this as a gift and it is a beautiful top. I got it in med and it is still very large. I usually wear a Lg in Free People. I'm glad my husband talked with sales staff and chose the med. I'm keeping it and doing a messy tuck in front and tying it tighter than shown on model. 8.23.2014
Rated 4 out of 5Â by Miggles Loose & Pretty I usually order Large from FP but I was lucky to spot a taupe top in-store and tried it on. The large flopped around very loosely so I downsized to a medium where it did sit better. I do find however that after wearing this top, I do need to wear a cami underneath as the neck cut is low and can slide around the shoulders. Overall, I do like this top, it is soft and feminine, but like the others, I do suggest sizing down. 8.22.2014
Rated 4 out of 5Â by lvpurpl Classic FP top! Yes, it is roomy and I did size down. I bought it in black and have worn it to several outdoor events. Looks great with jeans and /or a skirt. It is a classic style that you can tie tight or loose depending on how revealing you want. It has nicely sewn sequins on the sleeves and details on the ties. I gave it 4 stars because of the sizing. 8.15.2014
Rated 4 out of 5Â by kynesloney perfect boho top I ordered the aubergine Golden Nugget Top and the color is awesome! The shirt went great with my Shark Bite shorts and a pair of gladiator sandals! 8.14.2014
Rated 5 out of 5Â by carmelita New fave! So, I actually love this top. I have it in black and taupe, and am going to get the aubergine. It is my perfect top because it's flowey and sexy and can be dressed up or down. I wear it with jeans, yoga pants, and skirts short and long, so I feel like it's versatile, too. I have been washing it in the machine, on cold and delicate, and I don't put it in the dryer. However, as it is my go-to top, it has been getting a lot of wear, and is holding up really well. I am 5'1" and totally average in size. Neither thin, nor big. I got the small and it looks very similar on me to the model shown. I could easily wear the x-small. I do like the super flowey look, and think you would only want to get the medium or large if you are extremely well-endowed. 8.2.2014
Rated 1 out of 5Â by Jaime2world Wasn't a fan This top looked very messy on. And hard to see any detail of it. It went back. 7.18.2014
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Malvern, PA (PRWEB) August 04, 2014
The CPCU Society will host additional social media chats over the next two months, highlighting risk management and insurance-industry topics that complement sessions scheduled for the 2014 CPCU Society Annual Meeting.
Part of the larger Social Media Chat Series, these chats in August and September will allow CPCU Society members, Annual Meeting attendees and industry professionals to connect with session speakers through the Society's Twitter and LinkedIn pages prior to the 2014 Annual Meeting, which will take place September 20 through 23 in Anaheim, California.
The following educational session speakers will chat in August:
The following educational session speakers will chat in September:
View the complete, detailed Social Media Chat Series schedule at http://www.CPCUSociety.org/AMSocialChats.
About the CPCU Society
The CPCU Society is a community of credentialed insurance professionals who promote excellence through ethical behavior and continuing education. The Society's more than 23,000 members hold the Chartered Property Casualty Underwriter (CPCU®) designation, which requires passing eight rigorous examinations, meeting industry experience requirements, and agreeing to be bound by a strict code of professional ethics.
The CPCU Society is affiliated with The Institutes, the leader in delivering proven knowledge solutions that drive powerful business results for the risk management and property-casualty insurance industry. The CPCU designation is conferred by The Institutes. More information about the CPCU Society is available at http://www.cpcusociety.org.


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Foundation repair can prompt major basic issues inside of your home. There are approaches to repair a solid establishment without needing to remove it and begin sans preparation. Repairing an establishment can be a high employment, yet the better taught you are about sorts of foundations and how to repair your foundation, the better you can work with your foreman to discover an answer you can manage. Here are things that can impact the foundation problems cost of the repair for your foundation:
Problems in Foundation
Foundations that have been based on expansive and soft clay, compressible or dishonourably compacted fill soils, or have been inadequately kept up can have actual harm as the establishment settles and moves. In the event that you see indications of establishment issues, things like splits in dividers or entryways that won't close legitimately, it is vital to converse with an expert immediately. Harmed establishments that are not repaired rapidly can lead to unsalvageable harm, as well as to structures that are hazardous. The more you try to hold up, the more terrible the damage can get, the more absurd it is to repair, and the more the foundation problems cost.
Basic Reports
In the event that you see that there are establishment issues, it is justified, despite all the trouble to spend the cash on a report from a principal architect. An assistant architect has no personal stake in offering you an answer for your issue thus you will no doubt get a pleasant feeling as t the best answer for settling your issue. In the event that you go straight to a repair proficient, they may need to offer you the arrangement that appears to be ideal for them, instead of a good fit for you. It is ideal to go to a repair expert, with your supplementary report close by and solicit them the expense from doing that specific arrangement.
Home Resale Value
One of the greatest stresses, when any establishment issue shows up, is whether it will make your home troublesome or difficult to exchange. Conceded you must uncover any work that you have had done in your establishment when it is recorded available to be purchased, however in the event that you have had water-powered wharfs introduced at times that could be regarded as a benefit instead of a downside.


text:
Phil from DHL Express talks to GLM
Phil Corcoran, National Sales Manager of DHL Express in New Zealand talks to about some of the key serivces they provide NZ Consumers and Businesses. He also talks about the partnership between DHL and the up and coming Rugby World Cup to be held in New Zealand later on this year.
Video archive


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Among the traditions of the US Open are the second-week strolls of tournament referee Brian Earley onto Arthur Ashe Stadium to gaze upward at the glowering clouds before trudging ruefully back to the shelter of his office. Delayed by a day in each of the last four years, the season's final major completed just two matches on Tuesday and might not accomplish much more on a Wednesday where more rain looms. Nevertheless, we look ahead at all of the matches scheduled to start amidst the completions from the day before. (For the completions, return to our Day 9 preview.)
Errani vs. Vinci: One of the world's best doubles teams when on the same side of the net, these Italians will need to cast aside the bonds forged by their productive partnership when they stand across from each other on Thursday. They have not enjoyed much success in that regard lately, combining for a trio of lackluster matches since the start of the 2011, all won comfortably by Errani. A year before, Vinci had swept their two meetings on hard courts in tightly contested three-setters, so their rivalry appears to trend currently not only away from drama but away from the veteran. Buoyed by the Dallas title and a strong week in Montreal, she deployed her oddly dipping backhand slice to devastating effect against Radwanska. The Pole who specializes in discomfiting her victims paid her conqueror the ultimate compliment after this fourth-round upset by describing her style as "uncomfortable" to face. Equally impressive was Errani's gritty effort against Kerber on the same day and the same court, which could have tilted in either direction but for her poise and her ability to execute her tactics confidently on the handful of decisive points.
Central to the game of both Italians is their readiness to venture into any part of the court, finding angles that might not occur to singles stars because of their experience in doubles. Their mastery of nuance and placement compensates for the dearth of raw power in a clash between these two puny servers, and the winner will struggle to survive a semifinal against a vicious returner. For now, though, those who view tennis as an art in addition to an athletic competition will appreciate the clever shot selection of the versatile Italians, who illustrate the multitude of uses to which one can put a tennis ball.
Ivanovic vs. Serena: Quite the opposite of the other women's quarterfinal is the evening encounter between two former #1s. The owner of just one major title to Serena's fourteen, Ivanovic never has won a set from the greatest player of her generation, but she has stayed within range in all three of their meetings. The Serb recorded a dramatic breakthrough in the previous round by finally reaching her first major quarterfinal since winning Roland Garros four years ago, although that accomplishment itself demonstrates how far she has fallen. Aiming for much greater achievements, last year's finalist eyes a relatively clear route to a chance for redemption on Saturday night (or Sunday, or whenever the clouds see fit). When they collided at the start of the second week here last year, Ivanovic never seriously threatened Serena on her serve outside one game midway through the first set. Even more intimidating on her delivery now, the American has won 20 consecutive games here and languished through only one unimpressive set.
Like Federer, Serena generally becomes ever more dangerous once she survives the earlier rounds to face competition worthier of her steel. After her last match, Ivanovic realistically recognized the towering challenge before her and said that she would have a chance only by attacking her opponent's second serves. If her fate essentially hinges on Serena consistently missing one of her best shots, the outlook looks grim indeed for the smiling Serb.
Murray vs. Cilic: When they met on this court in 2009, the rising Croat stunned the Scot in straight sets a year after the latter had reached the final. Despite his calm demeanor, which suggested a precocious maturity, he has settled into the stagnation of those with much more talent than urgency. One major ago, Murray dismantled him uneventfully en route to the Wimbledon final. Like Ivanovic, Cilic has advanced through an especially accommodating draw that culminated with a fourth-round opponent ranked outside the top 50. Even in that match, though, he drifted through some wayward moments before he prevailed. By contrast, Murray swept aside Raonic with intimidating speed that night, allowing the Canadian only ten games in a statement of intent that should have resounded through the draw. That highly anticipated encounter became nothing other than a showcase of Murray's manifold talents when deployed against serve-reliant players. Drawing his tall opponent to net with drop shots, jamming him with body serves, or forcing him to reverse direction along the baseline, the Scot turned Raonic into a helpless foil and likely will do the same for the similar style of Cilic.
One key difference does separate the Canadian from the Croat: the sparkling two-hander of the latter, which creates a groundstroke symmetry valuable in rallies with someone as balanced as Murray. In fact, the gold medalist likely will want to target Cilic's forehand instead, for the longer swing on that stroke can misfire more frequently on these fast courts. Unbroken against Raonic, Murray should encounter little pressure with a similarly commanding performance behind his serve, but he can expect more credible returning from a more technically solid challenger with a sweeping wingspan.
Federer vs. Berdych: The most notable match on Thursday, this sixteenth encounter between familiar foes marks their first at the US Open. Among the previous fifteen were meetings at all of the other three majors, six of nine Masters 1000 tournaments, two editions of the Olympic Games, and even one of the rare Davis Cup ties in which Federer participated. Having clashed on four surfaces and four continents, each man guards few secrets from the other. After the Czech ambushed a complacent Swiss star in Athens eight years ago, Federer spent the next five seasons exacting his revenge by winning 18 of 19 sets. When his star began to wane in 2010, though, Berdych launched the most glorious season of his career, during which he built surges to the finals of Miami and Wimbledon in part upon the bones of his long-time tormentor. Perhaps galled by observations that such a reversal in their rivalry signaled his decline, Federer has fought back to claim three of their last four meetings, albeit not without drama. (Berdych came within two points of victory in one of these matches and within two games of victory in another.) Meanwhile, the younger man has not quite maintained his level of two years ago despite bursting into occasional flashes of it.
A stronger competitor than his former self, Berdych has responded more firmly to adversity and more than once this fortnight has steadied himself to subdue an initially sizzling opponent. Starting each of his matches authoritatively, on the other hand, Federer has experienced no true adversity yet. Will the steep jolt upwards in competition, combined with the three-day respite provided by Fish's walkover, catch him off guard? Perhaps more than at any other major, the heavy ball-striking of Berdych can trouble Federer on a court where Del Potro hit through him in 2009. But also rewarded by the fast surface is an important advantage of the Swiss, the efficient, precise movement that prepares him for each stroke in the minimal amount of time. Moreover, the top seed brings far more momentum to this quarterfinal from a summer filled with exploits than does an opponent burdened by disappointments at Roland Garros, Wimbledon, and the Olympics. Unless he decides to engage in a straightforward firefight with Berdych from the baseline, a temptation hard for Federer to resist, his more polished style and soaring confidence should carry him to a ninth straight US Open semifinal after a few intriguing twists and turns.


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Wright County Attorney's Report Hipolito Cabrera, 23, of Monticello, sentenced May 20 for probation violations for gross misdemeanor violation of no contact order to 365 days jail. Nicholas Ryan Carlson, 28, of Big Lake, sentenced May 21 for probation violations for felony controlled substance cri...Read More
Wright County Attorney's Report Austin Richard Berthiaume, 19, of Otsego, sentenced May 8 for felony controlled substance crime in the fifth degree to a stay of imposition for five years on conditions of probation, serve 90 days jail, have no use or possession of alcohol or non-prescription drugs,...Read More
Wright County Attorney's Report Michael Jacob Blandford, 23, of Monticello, sentenced May 1 for felony controlled substance crime in the second degree to a stay of execution for 25 years on conditions of probation, serve 180 days jail, pay $300 fine plus surcharges, provide DNA sample, have no use...Read More
Capt. Dan Anselment with the Wright County Sheriff's Office summarized four recent law enforcement cases of community interest Monday during a Monticello City Council update. ...Read More
by Jim Boyle Elk River Star News Editor Wright County Sheriff deputies on May 9 arrested Christopher Besser, a 21-year-old St. Michael man, in connection with a shooting that evening that claimed the lives of two adult men in a St. Michael home. One of the men who died was Todd Besser, Christopher�...Read More


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Fanendo Adi leads Timbers past Sounders
Heading into the final 15 minutes of the game, it shaping up to be an intense finish between Cascadia Cup rivals Portland and Seattle.
Heading into the final 15 minutes of the game, it shaping up to be an intense finish between Cascadia Cup rivals Portland and Seattle.
A tree fell on a passing car along the Historic Columbia River Highway killing one man and injuring two women.
Kole Calhoun scored the winning run on a wild pitch by Tom Wilhelmsen in the 10th inning after Albert Pujols grounded into a bases-loaded do…
The students from the Engineering & Aerospace Sciences Academy went to Florida with mentors and a teacher to watch the lift off.
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Originally written on NY Rangers Blog | Last updated 1/13/13
ANAHEIM, CA - OCTOBER 24: Rick Nash #61 of the Columbus Blue Jackets lines up for a faceoff against the Anaheim Ducks at the Honda Center on October 24, 2009 in Anaheim, California. The Blue Jackets defeated the Ducks 6-4. (Photo by Jeff Gross/Getty Images)
Rick Nash's former centerman in Columbus Andrew Cassels talks to Craig Custance of ESPN.com about what kind of player the Rangers prized offseason acquisition is... "I think when he's in clutch games or big games or tight games, that's when he plays at his best." ...if you can be clutch in New York, you'll be a superstar. Just ask Brad Richards. He didn't have the greatest statistical year in his first season on Broadway, but man did he come through when it counted and the city embraced him for it. Cassels adds this about how Nash makes others around him better... "Defenders have to cheat to him, which opens up other options. If you can get him the puck by going to the net hard, there are going to be rebounds. He creates so much offense just by driving to the net." ...a player driving to the net with the puck? I forgot what that looked like. ...last year, Richards had a tough time meshing with Gaborik because their games didn't fit well. Gaborik is more of a ...
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Apple didn't invent the mobile phone, but it did create the iPhone—the intuitive smartphone that introduced the pinch-and-zoom, took the world by storm and upped the ante for mobile phone manufacturers everywhere. As the Cupertino, Calif.-based company prepares to release its results for the most recent quarter after the markets close on Tuesday, we take a look back at the humble beginnings of the cellphone, and how its design has evolved from bulky to sleek. That evolution may be swinging back in the other direction. Apple, for instance, is reportedly testing larger iPhones to satisfy the demand for everything from games to video, while potentially increasing the phone screen's advertising real estate.
Here are 10 phones that have shaped the mobile world.
1973: The Motorola DynaTAC2
Forty years ago, Motorola engineer Martin Cooper made the first cellphone call. A lot has changed since Cooper walked onto the streets of New York four decades ago and placed the first mobile call to his rival Joel Engel at Bell Labs. Cooper's first phone weighed 2.5 pounds, was 9 inches long, 5 inches deep and 1.75 inches wide. Now compare that to the smartphone in your pocket—it is unlikely it weighs more than 10 ounces. And while modern mobile phone users may not be able to even fathom using a 1980s brick phone, it was quite the accessory back in the days. Just check out this commercial for one of the first Motorola phones. To get your hands on such a bad boy you had to find $3,995 in your pocket, so it isn't just the size that has changed over time but also the price. At left, Cooper in later years, holding the groundbreaking phone.
1983: Motorola's DynaTAC 8000x
Motorola introduces the first commercial cellphone, the DynaTAC 8000x, at a retail price of $3,995. It weighed around 30 ounces.
1989: Motorola's MicroTAC 9800x
The smallest and lightest phone on the market at the time and the first phone that wasn't a brick. Price tag: $3,000. Despite its high price it was well received.
1995: Ericsson's GH337
The GH337 was launched as Ericsson's ERICB, +0.35% flagship business phone and weighed a little less than 7 ounces.
1996: Palm Pilot 1000
The Palm Pilot 1000 was one of the first so-called PDAs, or personal digital assistants. It couldn't call, but was a steppingstone for the smartphone. It came with a price tag of $299.
1999: Nokia's 3210
This was the first phone to feature an internal antenna and became one of Nokia's NOK1V, -1.68% NOK, -1.54% most popular phones.
2003: BlackBerry 6210
After launching several devices with no calling functions, BlackBerry BBRY, -2.43% released the 6210, the first BlackBerry to come with an integrated phone where no headset was required.
2007: The first iPhone
Apple AAPL, -0.72% sparked smartphone hysteria and really fueled the touch-phone era when it released its first iPhone in 2007. The 4GB model was priced at $449 and the 8GB at $599.
2013: BlackBerry Z10
10 years after launching one of its most popular phones ever, BlackBerry in March released its new flagship phone, hoping to bring the phone maker back into the cellular limelight.
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Vero Beach City Council votes unanimously to restrict large benefit payouts
VERO BEACH — Some city employees will face new restrictions on their sick time and vacation benefits as City Council members try to stem the tide of large payouts for unused time off that have cost taxpayers millions of dollars.
The City Council on Tuesday unanimously approved the new restrictions on non-union employees' sick time and vacation benefits.
The policy crafted by City Manager Jim O'Connor eventually could lead to the end of large payouts for accumulated paid time off for all city employees.
Mayor Pilar Turner said payouts for such benefits have cost the city more than $2 million during the past five years and the city had a growing liability of $2.8 million for unused time as of the end of the 2011 budget year.
"This is an unfunded liability that we need to address," Turner said.
A recent investigation by the Press Journal into unused vacation and sick time revealed that 141 city employees had accumulated 1,000 or more hours in sick and vacation time.
The new policy would affect only non-union employees at this time, which amounts to between 100 and 150 of the city's more than 400 employees. Benefits already earned would not be affected, according to O'Connor. Still, some employees say the fear of possibly losing their benefits has caused them to leave the city. About a dozen employees have left in the past 45 days.
The new guidelines are expected to be used as a template in the administration's negotiations with the unions that represent the majority of the city's employees.
"I think we are setting a standard that everybody should be well aware of when we enter those negotiations," O'Connor said.
Currently, employees can cash up to 1,350 or 1,440 in accumulated sick and vacation hours depending on whether they work 7 1/2-hour or eight-hour days. Employees who already have earned these hours will still be able to cash out up to that much time.
After July 14, however, additional sick time earned by a worker not covered by a union contract will no longer have any payout value.
"We have to make changes. We have no choice," said Councilman Dick Winger, who emphasized he valued employees and did not see the council's actions as taking away any benefits that employees had earned.
City Councilwoman Tracy Carroll wondered if the city could require employees to use the time they have accumulated within a certain time period, such as three years.
O'Connor said that was not possible, as he understood the law.
"By state law, what you have earned is an asset of the employee," noted O'Connor.
The employees will be able to accrue up to 180 days of sick leave. They also will be allowed to carry over up to five days of vacation time per year with the approval of the city manager.
Employees can still cash up to 60 days of accrued vacation time at the time of retirement, although under the new restrictions employees not covered by the union would be unable to accrue more than 30 days of vacation time in the future.
Walter Geiger and Mark Mucher, with the Taxpayers Association of Indian River County, thought the council needed to also look at reducing the amount of time off city employees receive. Some long-term employees can earn up to 25 days of vacation, which Geiger and Mucher believed was too much.
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This idot does not have a clue! You can tell him that from me!
Originally written on 60 Max Power O | Last updated 11/2/12
We've been talking all week about the struggles the Eagles are having. There has been the talk of benching Michael Vick. Players only meetings. Coaches being fired. The one thing that is consistent is Eagles voicing their opinions, and doing it strongly. Eagles defensive end Jason Babin has a problem with the way Eagles fans voice those opinions. According to Philly.com, Babin says Eagles fans have stated some "Vile" comments towards him and they are "disloyal." "Some of the most vile things I've ever heard," Babin called the chants. "Talking about people's wives and kids and chanting them. I just thought there's no place for that in the NFL." Babin took twitter to explain to Eagles fans what exactly loyalty is. "LOYALTY: loy·al·ty: noun, plural loy·al·ties: The state or quality of being loyal; faithfulness to commitments or obligations … There are 17 teams with the same record or worse than us. Thanks for being loyal fans…….We'll get it right." "It was upsetting that a few bad apples were chanting that kind of stuff," Babin said, adding: "I don't even want to repeat what I heard, it was that bad. And I've got a pretty high threshold for adult jokes." Being a Philadelphia native, I can attest to every comment Babin swears he heard. Philly fans are extremely passionate, to a fault at times. Give the proper effort Mr. Babin and they'll love you for life though. Be sure to check out other great articles at BlackSportsOnline. var switchTo5x=true; stLight.options({publisher:''});
2 Comments:
Jason Babin is an idiot. He doesn't realize how much money the people in Philly spend to watch this idiot and the rest of this awful team lose every week. The fans spend their hard earned money to watch them lose against teams they should be beating week after week. Maybe the Eagles should think of that. These fans are there to see you every week. If you don't like it, go to another team. They should boo you when you suck. Just goes to show you how out of touch athletes are with their fan bases.
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Warm Roth Cozy Cider
Taste cocktails
|Apple cider
|2 Cup (32 tbs)
|Red wine
|1 Cup (16 tbs)
|2 Pinch
|Cinnamon stick
|3 Medium
|Cinnamon sugar
|1 Tablespoon
|Lemon juice
|1 Teaspoon
|Roth vodka
|1 1⁄2 Ounce
1 Cut the orange into thick slices.
2 Coat the rim of a cocktail glass with lemon juice and then with cinnamon sugar as shown in the video.
3 Layer the orange slices on the bottom of a pan.
4 Add in the cloves and cinnamon.
5 Pour in the cider along with the red wine.
6 Let simmer for 20 minutes.
7 Add the roth vodka in the prepared glass.
8 Pour in the warm cider mixture.
9 Garnish with a cinnamon stick and serve.
Recipe Summary
Difficulty Level:Very Easy
Preparation Time:5 Minutes
Cook Time:20 Minutes
Ready In:25 Minutes
There simply can't be a better warmer than this warm roth cozy cider this winter. Its so easy to prepare and its so funky with that grape roth vodka, the fruits the cinnamon sugared rim, it's a great combo. You can also make a non alcoholic version as Bridget did for her daughter.
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Warm Roth Cozy Cider Recipe Video


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define evaporation. explain various factors effecting evaporation..? plz answer,,!!
Asked by Natasha Girish(student) , on 4/7/12
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