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House Committee on Ways and Means, Subcommittee on Social Security (Shaw)
On Attorney Fee Implementation
William C. Taylor, Deputy Associate Commissioner for the Office of Hearings and Appeals Testified
June 14, 2000
Mr. Chairman, Mr. Matsui, and Members of the Subcommittee:
Thank you for inviting me to discuss the process by which attorneys may request that the Social Security Administration (SSA) approves and pays attorney fees. We recognize the importance of timely payment to attorneys who successfully represent their clients. Representatives are entitled to world class service, as are all of SSA's customers, and in 1999, SSA made 2000,000 fee payments to attorneys totaling almost more $450 million. Today, I will discuss with you the history of the attorney fee process, SSA's current process, implementation of the new law, and some planned improvements in this area. In addition, I will present SSA's views on H.R. 4633, which would make further changes to the attorney fee process.
History of Attorney Representation and Fee Approval
The Social Security Act has recognized a role for attorneys as claimants' representatives since 1939, with the enactment of the Social Security Amendments of 1939. Pursuant to statutory authority, the Social Security Board's Administrator promulgated rules and regulations governing representatives of claimants and set the maximum fee attorneys could charge.
At first, the maximum an attorney could charge was $10 unless a petition was filed and a higher amount was authorized. In 1960, the amount an attorney could charge without approval was increased to $20 for representation before the Bureau of Federal Old-Age Benefits with amounts up to $50 for representation before the Bureau and a hearing examiner and/or the Appeals Council. Disability cash benefits had begun in 1956 and more and more appeals were on disability claims.
The Social Security Amendments of 1965 provided for withholding up to 25 percent of past-due benefits for direct payment to an attorney in court cases to ensure that claimants had access to effective legal representation at a fair rate of compensation. The Social Security Amendments of 1967 required the Secretary to approve "reasonable" attorney fees, not to exceed 25 percent of the past-due benefits, for services rendered in administrative proceedings, and authorized the Secretary to certify payment directly to an attorney from a claimant's past-due benefits.
When the Ways and Means Committee designed the Supplemental Security Income (SSI) program in 1972, it decided not to authorize any similar withholding from a claimant's past-due benefits. The Committee concluded that such a withholding would be "contrary to the purpose of the program." This conclusion still makes sense. To paraphrase Justice Brennan in the Supreme Court's decision in Bowen v. Galbreath in 1988, given the extreme financial need of SSI beneficiaries, one can conclude that withholding past-due benefits under the SSI program will cause greater hardship than withholding past due benefits from insured individuals under the Old-Age, Survivors and Disability Insurance programs.
The Omnibus Budget Reconciliation Act of 1990 created the fee agreement process to streamline payment of attorney fees by permitting SSA to routinely approve fees that were within certain limits (the lesser of $4,000 or 25 percent of past-due benefits) if the representative and client both agreed in writing to the fee. Payment of the fee could not be certified pending a 15-day administrative review period after receipt of the award notice. The 1990 legislation also continued the exclusion of SSI claims from the direct payment of attorney fees from a claimant's past-due benefits.
The Ticket to Work and Work Incentives Improvement Act of 1999 eliminated the 15-day waiting period for certification of an attorney fee and allowed SSA to charge an assessment, not to exceed 6.3 percent of the fee, to recover the costs for determining and certifying fees to attorneys. In other words, the current 6.3 percent assessment is the cost of providing the attorney with the service of calculating, withholding, and paying the fee. SSA began charging the assessment on cases on which the decision was made on or after February 1, 2000.
Process in General
Section 206 of the Social Security Act provides that a representative may not charge or collect, directly or indirectly, a fee in any amount not approved by SSA or a Federal court. SSA, under either the fee petition or fee agreement process, approves the fee that may be charged to represent a claimant for Social Security and SSI benefits in administrative proceedings. At each level of the determination process, applicants may be represented by an attorney or other individual in pursuing their claim. Over the last 20 years, the proportion of applicants with representation at the hearing level has increased dramatically; and in fiscal year 1999, about 57 percent of all cases decided at the Administrative Law Judge (ALJ) hearing level involved attorneys[SSA1].
Obtaining payment from clients is often difficult for attorneys, who sometimes have to expend considerable resources to get paid. In virtually all successful Social Security claims, SSA ensures that the attorney receives payment. By paying attorneys from withheld past-due benefits, SSA is providing a valuable service to attorneys, guaranteeing payment of all or a portion of any fees due. In SSI cases, the attorney must look to the claimant for payment.
Representatives may request payment for services through either a fee petition or a fee agreement process.
Fee Petition Process
After completing his or her services for the claimant, the representative (attorney or non-attorney) must request the Commissioner's approval of fees. Each fee petition requires an individual evaluation by an ALJ or other authorized personnel of the worth of the services. Adjudicators, in authorizing a fee, consider factors such as the extent and nature of the services performed, the complexity of the case, and the amount of time the representative spent on the case. Fees over $5,000 require additional review.
After SSA authorizes a fee, we notify the claimant and their representative of the authorized fee and their right to administrative review. Because of the highly involved nature of this process, fee petition claims are very rarely paid within 30 days.
While we do not routinely track data on the use of fee agreements and fee petitions, we have just completed a special systems run on a sample of attorney fee cases. That data show that the percentage of fee payments that were withheld and paid using the fee petition process has steadily declined from 1995 through 1999, from 30 percent in 1995 to just 13 percent in 1999. In addition, that decline appears to be continuing in 2000. From January 2000 through the end of May 2000, the percentage of fee petitions fell to just under 12 percent.
What this tells us is that more attorneys are electing to receive their fees through the fee agreement process, which I will discuss next, even though fees received through that process are capped at a specified amount. The decline in the number of fee petition requests filed suggests that, contrary to some reports, attorneys are not seeking to have their fees paid through the fee petition process because they can get a higher fee than what they could receive under the alternate process. In fact, in addition to the decline in the number of attorneys requesting payment through fee petition, 91 percent of fee petition payments approved are for less than $4,000 (generally, the amount which a fee under an approved agreement may not exceed).
Fee Agreement Process
The fee agreement process was developed to be a simpler alternative to the fee petition process. Under the fee agreement process, if the representative and claimant sign and submit a written agreement as to the amount of the fee, SSA will generally approve the agreement if the specified fee does not exceed the lesser of 25 percent of the claimant's past-due benefits or $4,000. SSA does not withhold past-due benefits for non-attorney representatives or in SSI cases, but still must approve the fee. The Commissioner then notifies the respective parties of the maximum fee and right to request administrative review. This is usually the quicker and more common method to set the fee.
Based on the sample run just completed, the number of fee agreement cases accounted for almost 87 percent of fee payments processed in 1999. The sample for 1995 showed 70 percent were fee agreement cases. The percentage for this year through the end of May rose to 88 percent. Obviously, more and more attorneys prefer to use the more streamlined process, which suggests that attorneys are not concerned about the $4,000 limitation. The $4,000 limit was put in place
based on a recommendation that SSA adopt a rebuttable presumption that a fee equaling 25 percent of the claimant's past-due benefits, up to $4,000, is reasonable. In 1999, the average payment under the fee agreement process was $2,555.
Implementation of the New Law
With the heightened awareness of the attorney fee process generated by enactment of the 6.3 percent assessment has come an increase in the number of complaints from attorneys about the fee process. We recognize the importance of timely payment to attorneys who successfully represent their clients. With elimination of the 15-day waiting period, some cases are being paid more quickly. Other cases, however, are only being helped marginally.
To address this issue, we have taken several measures to clear the backlog of outstanding fee claims. Among these measures are providing 111 work years to technical staffs, diverting resources from other work loads to process the attorney fee claims, and giving priority to these outstanding fee claims to see if they can be paid immediately.
These measures have worked. By March 21, 2000, SSA had reviewed approximately 79,700 (or 93 percent) of the 85,991 claims that were outstanding as of February 2, 2000. Based on these reviews, we immediately paid fully developed claims. When additional development was needed, we requested it on a priority basis.
Furthermore, as of May 15, 2000, SSA had paid 167 (or approximately 84 percent) of the 197 fee claims that were brought to our attention by this subcommittee. We plan to resolve the outstanding claims soon. Although we have resolved many of these cases, we realize that there continue to be concerns about delays in paying attorney fees.
The legislation introducing the attorney assessments is being implemented in phases, beginning with an all manual process, with plans to automate steps of the process as time and resources were to permit. This is not unlike implementation of many SSA legislative initiatives. The process of paying the attorney in Title II cases is not completely manual, although it does require a manual review and input to begin the Treasury payment process.
SSA's systems are set up to contain information on the primary numberholder and any auxiliary beneficiaries only. Information about third party payments, such as attorney fee payments, is not captured on SSA's Master Beneficiary Record (MBR) system.
If the Agency decides to automate attorney payments, the effort would be extremely significant, involving major redesign of the Title II data structures and client files. One requirement for paying non-beneficiaries would be to develop and record some discrete identifier for each payment and payee to maintain a good audit trail. This might be the attorney's SSN or a firm's Tax ID number or Employer ID number. Up to now, the attorneys and their advocacy groups have been adamant that they not be required to supply this or similar identifying information to SSA.
Proposal to Change the Attorney Fee Process
H.R.4633, recently introduced by you and other members of the Subcommittee, would not allow SSA to impose the attorney fee assessment if payment is not made to the attorney within 30 days after the initial certification of payments to the beneficiary.
The current fee determination process, whether fee agreement or fee petition, requires manual actions and considerable coordination between hearing office functions and processing center functions. Because this is a complex process, as I will describe, involving many steps, manual actions, and even mailing time, the new legislation would require that SSA forfeit the amount we assess the attorney in two-thirds of the attorney fee cases.
While some fee agreement cases may require only limited development, and SSA may even pay the attorney and the claimant at the same time, that is not always the case. Many fee agreement cases require additional development (for instance, if a workers' compensation computation is needed to calculate the proper amount of past-due benefits or if we need to develop applications for the children or spouse of the claimant), and the claimant is awarded ongoing benefits pending determination of past-due benefits. In those cases the attorney is not paid until past-due benefits are awarded.
In fee petition cases, direct payment to the attorney must await both the calculation of the past-due benefits and authorization of the fee. Once past-due benefits have been calculated and the fee has been approved, direct payment is made to the attorney.
Fee authorizations for larger amounts can also take longer to process because they often occur in difficult, complicated cases involving a lengthy appeals process. This results in SSA having to consider a long, detailed record of all the services that were performed in order to determine a "reasonable fee." In addition, fee authorizations for more than $5,000 involve an additional step, i.e., our policy requires a review and an approval by the Attorney Fee Officer in the Office of Hearings and Appeals, a Regional Chief ALJ, or the Deputy Chief Administrative ALJ.
As you know, SSA does not have a tracking system in place from the start to the finish of the process to measure the time it takes us to pay attorney fees; however, attorney fees in fee agreement cases have generally been paid within 90 days of the award notice. As a result of changes that we have already made, including the elimination of the 15-day pre-payment holding period for fee agreement cases, payment of attorney fees can now generally be made within 60 days of the award notice.
As I mentioned, H.R.4633 would not allow SSA to impose the attorney fee assessment if payment is not made to the attorney within 30 days after the initial certification of payments to the beneficiary. There are cases in which we are not able to pay the attorney until completion of the additional development I have described. Any time limitation that would restrict SSA from imposing the user fee assessment should exclude both fee petition cases and fee agreement cases for which there is outstanding development.
While we agree that, in general, attorneys should receive their fees timely, there are cases in which the extra time needed to process the attorney fee payment is not within SSA's control. These cases include not only fee agreement cases with outstanding development, but virtually all fee petition cases, since the attorney is not required to file a request for payment until 60 days from the date of the decision, and may even request an extension beyond the 60 days. In addition, some cases take significantly longer to pay because of the need to develop additional evidence, such as proof of workers' compensation payments.
The estimated $123 million in proceeds from the 6.3 percent assessment over the first 5 years would be directed to the title II trust funds. Thus, any restriction on SSA's ability to impose the assessment would result in a loss to the trust funds. For instance, in the case of a 30-day time limit, the Actuaries estimate that about two-thirds of the payments would be lost[SSA2].
Extending Attorney Fee Withholding to the SSI Program
SSI is a means-tested program providing cash assistance to aged, blind, and disabled individuals whose incomes and resources are below minimal levels set by law. Currently, individuals with countable income above $512 a month and countable resources above $2,000 are not eligible for SSI. As you can see, SSI beneficiaries are among the most vulnerable Americans in that they have little in the way of other income or personal savings.
Arguably, SSI applicants are even worse off in that they often have very small amounts of monthly income and are even poorer than SSI beneficiaries. Any income or resources that they do have is needed for food, clothing and shelter. It is likely that they may go into debt while they are waiting for their SSI applications to be processed.
When they finally receive their SSI benefits, those benefits often are used to pay bills or repay loans that they incurred during the months that their SSI applications were pending. We are concerned that withholding 25 percent of accumulated benefits might take away funds needed for basic needs. It would also eliminate the option that SSI beneficiaries and their attorneys could work out agreements to pay the fee out over time.
In addition, there are other implications with regard to direct withholding from SSI payments apart from the financial impact on SSI beneficiaries. There are also serious workload implications for SSA regarding extending the service we offer attorneys representing Social Security claimants to SSI claimants. For instance, it would require major systems changes to existing SSA programs, and would require our field office employees to take direct actions to pay the attorney fees, which they do not currently do, as well as responding to requests for information regarding payments to SSI attorneys and explaining notices. At this time, we do not have an estimate for the number of workyears we will need to implement direct withholding of attorney fees in SSI cases.
Review Process
Our procedures to pay attorneys, particularly in fee petition cases involving large amounts, are admittedly complex. That is why the Commissioner has requested a review of the attorney fee process that is currently underway. Part of the Commissioner's review will be to study ways in which we can better measure our performance in attorney fee processing. This review will allow us to identify those areas in which we may be able to improve that performance. You can be assured that we will share the results of that review. It is expected to be completed by the end of this year.
Until our review is completed, however, I urge you not to make changes in the current process. We need time to evaluate the current assessment process, which has been in place for a very short time. Until we have the results of our review, we would view any further changes to the program with extreme hesitation.
Our review of the process will cover a number of issues, including:
- Gathering more current data on the attorney fee process, including a comparison of fee processing before and after the elimination of the 15-day waiting period and the imposition of the 6.3 percent assessment;
- Ascertaining how best to assemble and maintain management information about the fee authorization and payment process;
- Reevaluating the need to increase the $4,000 cap;
- Reevaluating our rules for approving fees, especially additional review for larger fees; and
- Studying how best to coordinate fees among multiple representatives and within law firms.
We hope to use the results of this review to significantly improve the process. I will keep you informed of our progress. I would also point out that the legislation allows SSA to lower the 6.3 percent assessment if the cost of administering the attorney fee process is less than the revenue raised by the assessment. As part of our overall review, we are beginning a study to see whether our original estimates of the costs of providing the attorney fee payment process and the 6.3 percent assessment are still roughly equal. If they are not, we will lower the assessment.
Prompt Payment Act
You asked me to comment on the applicability of the Prompt Payment Act to the attorney fee process. The Prompt Payment Act, enacted in 1982 and amended in 1988, ensures that companies providing goods or services to the government are paid in a timely manner. Under Section 3901 of title 31 of the U.S. Code, a business can collect an interest penalty on late payments from the government. According to regulations, the Prompt Payment Act applies in the areas of procurement contracts, vendor payments, utility payments, and Commodity Credit Corporation payments.
According to the plain language of the statute and its regulations, SSA's direct payment of attorney fees on behalf of Social Security claimants is not subject to the Prompt Payment Act. Through the direct payment system, SSA merely serves as an intermediary to facilitate and ensure payment of attorney fees owed by the client, the Social Security claimant. In fact, SSA does not use its own funds to make direct payment of attorney fees, but simply issues the payment on the claimant's behalf through the Treasury Department. Consequently, Section 3901 does not apply to SSA's unique relationship with claimants' attorneys, and SSA is not required by that law to add interest to the attorney fees it directly pays.
In conclusion, Mr. Chairman, the Social Security Administration needs sufficient resources in order to process its work effectively. Lack of adequate resources affects our ability to timely process not only attorney fees but all Agency workloads. The Commissioner has presented SSA's FY 2001 budget to the House Appropriations Subcommittee on Labor, Health and Human Services and Education. That subcommittee has, however, recommended a reduction of $156 million below the President's request. This reduction is even greater when compared to the Commissioner's budget request. The Commissioner is on record saying that funding at this level would seriously undermine stable staffing and performance for the agency.
As to attorney fee processing, we are committed to providing the best service possible to the attorneys who represent our claimants, but we face serious challenges as we work to improve our performance in this area.
Until our review of the attorney fee process is complete, we do not know what our level of performance will be. As I have pointed out, however, the 30-day time restriction imposed by the bill could result in a loss to the Social Security trust funds in excess of $80 million over five years.
We look forward to working with you and the other members of the Subcommittee to find ways to meet our resource needs. I will be happy to answer any questions you may have. [SSA1]In 1970, 20 percent of hearings were represented; in 1980 that figure was 41 percent.
[SSA2]Estimate from OAct.


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CASTLETON — At noon on Tuesday at the Castleton State College baseball diamond, everything appeared to be in place for the Addison County team at the Vermont American Legion state championship tournament.
Late that morning, left fielder Dylan Raymond's two-run, ninth-inning single gave AC a 7-5 win over Colchester that ran the county nine's record in the tournament to 4-0 and eliminated the defending champion Cannons.
ADDISON COUNTY — In midweek local high school lacrosse action, the Middlebury girls won on the road, the Mount Abraham boys came up just short away from home, and the Vergennes boys lost at home.
Weekend games were played after the early holiday deadline for this edition of the Independent. Results and details on those contests will appear in the May 29 paper.
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ESSEX JUNCTION — IBM, the largest single private employer in Vermont, is putting its semi-conductor business up for sale, according to reports in the financial press. Frank Cioffi, president of the Greater Burlington Industrial Corp. (GBIC), however, is hopeful that if the Essex facility is sold, it will remain open under new ownership.
The potential impact on the regional economy should IBM close would be enormous.
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My thoughts are straying to bacon � again. This time, it�s not about the bacon itself, but the pool of salty, pork-flavored grease it leaves behind. Who among us hasn�t burned their finger once or twice dipping it into bacon drippings for an illicit taste? Come on, I know it�s not just me.
My mother used bacon grease liberally in any number of dishes when we were growing up. She simply poured the grease right from the frying pan into a coffee can she kept beside the stove. When she was frying eggs, potatoes or canned apples, or making cornbread, she�d just dip out a spoonful and plop it in the pan.
The thought of that unfiltered grease sitting on the counter for months at a time kind of makes me shudder now. But, wow, the taste that bacon grease added to dishes is unparalleled.
If you have to worry about your cholesterol levels, then you need to stay far away from this kind of cooking fat. But, if you don�t, well �
A nutritional comparison between a tablespoon of bacon grease, butter and canola oil is kind of surprising. The grease has slightly less cholesterol than the butter, and only 2 more milligrams of saturated fat. It has the same number of calories as the oil, but tons more saturated fat and sodium.
If you can afford an occasional splurge, by all means, go ahead. My mother also used to rub scrubbed baking potatoes with bacon grease, creating crispy, delicious jackets. Bacon grease and potatoes are a natural pair, but it also makes a great addition to salad dressings and vegetables.
Avoid the questionable hygiene of a greasy stove-side coffee can by pouring the grease through a coffee filter into a glass jar with a screw top. It will keep for months in the refrigerator, which is a good thing, because as anyone who cooks with bacon grease can tell you, a little bit goes a long way on flavor.
1 Tbs. bacon grease
3 mushrooms, sliced
� medium onion, diced
1 clove garlic, minced
Salt and pepper to taste
1 9-ounce bag baby spinach
� cup cream
2 ounces low-fat cream cheese, cubed
In a skillet over medium heat, saut� the mushrooms, onions and garlic until onions are soft. Season to taste. Add entire bag of spinach, stir to combine the ingredients, then turn heat to low, cover the skillet and steam for 3-4 minutes. When spinach has wilted, add the cream and cream cheese. Stir gently until cream cheese has melted.


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KANSAS CITY, Mo. – The UMKC men's basketball team tips off their 31st season of Division I basketball on the road Friday with a 7 p.m. CT game at No. 7/8 Wichita State, before returning to Municipal Auditorium on Sunday to host Haskell at 4 p.m. CT as part of the Gulf Coast Showcase.
UMKC Roos (0-0) at Wichita State Shockers (0-0) | vs. Haskell Indians (1-5)
Dates & Times: Nov. 10, 7 p.m. CT at Wichita State | Nov. 12, 4 p.m. vs. Haskell
Locations: Wichita, Kan. | Kansas City, Mo.
Sites: Charles Koch Arena (10,506) | Municipal Auditorium (9,827)
Listen Live: Wichita State | Haskell
Live Stats: Wichita State | Haskell
Live Video: Wichita State (ESPN3) | Haskell (KSMO-TV, WAC Digital Network)
Tickets (Haskell): www.umkckangaroos.com | 844-UMKC-FAN
UMKC: Notes for Wichita State Game | Notes for Haskell Game
Wichita State: Men's Basketball Home Page
Haskell: Men's Basketball Home Page
Live In-Game Updates: @UMKCmbb
Kareem Richardson's troop features six returning letterwinners and welcomes nine newcomers this season. The Roos will look to the senior leadership of Broderick Robinson (Grand Junction, Colo.), as UMKC lost all five of its starters from 2016-17. Robinson, along with Xavier Bishop (Springfield, Ill.), played in all 35 games for the Roos last season, while Isaiah Ross (Davenport, Iowa) made an appearance in 34 contests. Richardson enters his fifth year at the helm of the Roos program.
In UMKC's lone exhibition game of the season, the Roos downed the Sterling College Warriors, 110-58, at Municipal Auditorium on Nov. 3. Bishop and Marco Smith (Kansas City, Kan.) led the way in scoring with a game-high 16 points apiece, while Robinson dished out a game-high four assists.
Additionally, four Roos – Brandon McKissic (St. Louis, Mo.), Tony Jackson (Montgomery, Ala.), Robert Knar (Mundelein, Ill.) and Steve Dulley (Kansas City, Mo.) – each scored in double figures for UMKC,
For more information on UMKC men's basketball, like us on Facebook and follow us on Twitter and Instagram.


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This week while Jodie Wehrspahn was testing her mettle on heavy duty construction equipment I was traveling to Waukon, Iowa for the Farm Progress Hay Expo - cosponsored by Hay & Forage Grower our sister publication. It was a chance to see some big equipment hard at work making hay and chopping forages.
One of my roles at the show is to gather as many images - and videos these days - for use in the future for show promotion and in our own coverage. The weather was nearly perfect both days of the show with a gentle breeze both days that kept you cool as temperatures kept rising. Show management kept equipment moving and got every demo completed, so visitors got to see mowers, windrow mergers, forage harvesters (the big self-propelled monsters), rakes, balers and bale-handling tools at work.
Farm safety when that agriculture technology is running is important to show staff. Visitors stay behind a rope that moves across the field as equipment makes a pass (anyone who has ever visited a Farm Progress Show knows this system well). Media, however, can be on the other side of the rope; but we have to be careful.
I like to get up close and personal with the equipment (as the first image shows). That gets you the dramatic stuff we can use in our magazines and online later as needed. Really.
However, if you're getting that close to equipment chances are you're going to be wearing some alfalfa, which is what happened this week when I watched the Vermeer tedder make a pass. It's a big machine and I wanted to get close - but of course once you're on the "business end" of the thing, alfalfa is coming your way.
That second picture is the wave of alfalfa headed for me just as the machine passed. It is NOT the first time I've been bathed in alfalfa from a tedder. It's part of the job.
It's nice to go to a farm show and see equipment run side by side. Hay Expo is known for exhibitors who drive their balers, choppers and more right off the display lot into the field. And this year we got to see plenty at work. You can watch for more coverage over at Hay & Forage Grower soon.


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May 24, 2018
Drones aren't just for taking aerial photos and videos. They're now being used to help kids learn about science and technology.
Students in Minnesota participated in a drone camp that taught them all about the complex flying machines. KING TeC, which stands for Kids Integrating Newly Grasped Technological and engineering Concepts, hosted last year's camp and will be holding another one this June. Those attending drone camp learn the necessary steps to build and fly a drone.
Last year's camp was on AirVuz.com. The showcased the competition at the end of the camp, where campers flew their drones through an obstacle course.
"I've been around technology all my life and I just like to work with this stuff," said camper Cole P. "It's really fun."
Campers also learned how to solder in order to build their drones, and also tested their flying skills on a flight simulator before piloting the actual drones.
"It's hard to do this. It's really hard," said camper Travis. "Just the controlling it, how fast it goes forward... Practice makes perfect."
KING TeC is a FIRST Robotics Competition team in the state of Minnesota. Founded in 2006, the group aims to promote STEM education by building robots and other technology such as drones.
Each episode of the series on AirVuz focused on a different aspect of drone camp, beginning with the building of the drones and culminating in the final competition at Prior Lake High School. The 7th through 9th grade students worked in a total of six teams to complete various tasks throughout the building of their drones. They also learned about the Federal Aviation Administration rules and regulations regarding drone flights.
Drone camp begins again in June. Details can be found .
For more information about the "Drone Camp" video series, contact Tyler Mason, Director of Public Relations, at .
About AirVuz
Since its launch in 2015,AirVuz has become the world's leading drone video and photography sharing platform and global community for drone pilots and aerial media enthusiasts. Drone enthusiasts worldwide can upload and share videos and photos in unlimited quantity and at no cost. Site users have free access to an ever-growing library of drone media content including easily browsable categories such as travel, extreme sports, golf courses, drone racing, landmarks and more. AirVuz users also have access to original AirVuz content, including the weekly AirVuz News program, profiles of top content creators, product reviews, and how-to information for drone pilots on how to take and edit high quality drone video.
Information contained on this page is provided by an independent third-party content provider. This Site make no warranties or representations in connection therewith. If you are affiliated with this page and would like it removed please contact support [at] perpetualwire.com.


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Harvard enters the weekend in second place in the ECAC Hockey standings (Kevin Burns).
Complete Game Notes (pdf)
The Particulars
Harvard looks to maintain its place at No. 2 in the ECAC standings as it welcomes league foes Quinnipiac and Princeton for a key conference weekend. Harvard enters the weekend one point ahead of Quinnipiac in the standings and seven points up on the Tigers.
Series History
The Harvard-Quinnipiac series is a relatively young one as the teams have faced each other just 13 times, beginning in 2005-06. Harvard captured victories in the first nine meetings, but has gone 1-2-1 in the last four for a 10-2-1 lead in the all-time series.
Harvard's resiliency showed earlier this season in a showdown with then-league-leading Quinnipiac, as the Crimson fought back from one- and two-goal deficits to force a 3-3 tie. Kaitlin Spurling's tally just 47 seconds into the second period knotted the score at 1-1, but a pair of Bobcat goals in the frame put Harvard in a 3-1 hole heading into the third.
Lyndsey Fry brought Harvard to within one 3:41 into the third period and Marissa Gedman's power-play slapshot forced the overtime period. In overtime, Laura Bellamy turned aside six threatening shots to seal the 3-3 final.
Princeton represents one of Harvard's oldest rivals, as the two teams have squared off 70 times since their first meeting during the 1978-79 season. Harvard maintains a slim lead in the all-time series with a 36-30-4 record against the Tigers, and has captured victories in seven of the last 13 meetings.
The Princeton defense made a statement in the teams' first meeting this season, as the Tigers held the Crimson to a conference season-low total of 20 shots on net in a 3-0 blanking. Princeton was 1-for-6 on the power play and Sally Butler netted goals late in the first period and early in the third to spark the Tiger offense in the win.
Last Time Out
The Crimson ran into a determined Boston University squad Tuesday in the opening round of the 34th Women's Beanpot, dropping a 5-2 decision to the Terriers at Walter Brown Arena.
Harvard came alive in the third period, getting two goals back after starting the period with a five-goal deficit. On its ninth power play of the evening, the Crimson finally broke through. Josephine Pucci ripped a shot from the point that was tipped on net by Kaitlin Spurling. Kerrin Sperry made the initial save, but Sarah Edney was there to put home the rebound at 11:34 of the third. Jillian Dempsey netted the second Harvard goal, wristing a shot off a BU defender from a Marissa Gedman shot and past Sperry. Harvard ended the game on a penalty, but was unable to find a third tally.
Shut It Down
Harvard enters the game against Quinnipiac riding a three-game conference shutout streak, its longest since a similar stretch during the 2007-08 season. Four of Harvard's last five wins have come via shutout and have all come during conference play. Since the New Year, Harvard has allowed just 17 goals in 10 games and compiled a 6-3-1 overall record.
Big Time Bellamy
After a stellar weekend in New Haven, Conn., and Providence, R.I., junior goalie Laura Bellamy was named ECAC Goalie of the Week Jan. 31. The honor marks the second time she has received the nod this season and third in her career.
Bellamy hasn't allowed a goal in 11 periods of ECAC play, the longest stretch of her career. The last time a Harvard goalie had a stretch of at least three-straight shutouts was 2007-08 when Christina Kessler '10 blanked Colgate (4-0), Boston College (7-0) and St. Lawrence (2-0) in consecutive contests.
The junior assistant captain now has 12 shutouts in her career, placing her fourth in program history and one away from tying Erin Villiotte's '95 mark of 13. Bellamy also ranks tied for fourth for shutouts in a season with five, tying Emily Vitt '04 in 2003-04. She is currently tied for second in the nation with five clean sheets on the season.
An Honor for Chu
After a decorated college hockey career at Harvard, Julie Chu '06-07 was recently inducted into the Connecticut Hockey Hall of Fame as a part of its class of 2012. Chu, a Bridgeport, Conn., native, took home the Patty Kazmaier Award in 2007, was a four-time All-America selection and three-time Olympian. Chu is one of seven members of the class of 2012 and will be honored in an induction ceremony March 10 at the XL Center in Hartford.
Scoring Seven-Spot
In the 8-0 win over Yale Jan. 27, seven different Harvard players scored goals. It marked the first time since the 2004-05 season that seven different Harvard skaters scored in a game. The last time it happened was also against Yale, an 11-2 Harvard win Jan. 29, 2005.
Beanpot Hall of Fame 2012
Nicole Corriero '05 will be inducted into the Beanpot Hall of Fame this year, making her the fifth Harvard player to receive the honor. With 14 points on eight goals and six assists in four career Beanpots, Corriero ranks tied for 12th in all-time tournament scoring and fifth among Harvard players. She led Harvard to four consecutive Beanpot Championships from 2002-05, taking home tournament Most Valuable Player honors as a senior and becoming the seventh-consecutive Crimson player to earn the MVP nod. A two-time All-American, Corriero finished her Harvard career as the fourth-highest career point scorer in program history with 265 points on 150 goals and 115 assists. She also holds the program records for goals in a season with 59, points in a game with 10 and goals in a game with six. Corriero was named ECAC Hockey and Ivy League Player of the Year in 2005, after taking home ECAC and Ivy Rookie of the Year honors in 2002.
A New Year's Resolution
Since the start of 2012, the Harvard penalty kill has been much improved. The Crimson has allowed just three power-play goals in ten games since the New Year, and has killed 29 of 32 opponent power plays. Harvard has killed its last 17 penalties in ECAC action, including seven against Colgate two weekends ago.
Third Period Poise
While the second period had been Harvard's strongest in terms of goals scored, the Crimson is steadily becoming a third period team in terms of scoring. In its 10 games since the New Year, Harvard has scored multiple third-period goals in five of them, including three each in wins over Colgate, Rensselaer and Yale. In those 10 games, Harvard has outscored opponents, 15-2, in the third period, representing both its highest goal total and best goal differential.
Jam-Packed January
This year, Harvard played 10 games in the month of January, making it the busiest January in the history of the program. February is typically the busiest month for Harvard and the Crimson played a program-high 11 games in February of 2008 and '09.
Shot Stoppers
After holding an opponent to fewer than 20 shots in a game just three times this season heading into Jan. 13, the Crimson held both the Dutchwomen and the Engineers below that threshold in the weekend sweep. The following weekend, Harvard allowed a then-season-low 14 shots to No. 3 Cornell in a 2-0 defeat. The Crimson had its finest defensive performance of the season at Yale, holding the Bulldogs to just nine shots on goal. On the season, Harvard is outshooting its opponents, 662-514.
Rising the Ranks
In its most recent poll, USA Today/USA Hockey Magazine ranked Harvard No. 7 in the nation. The ranking marks Harvard's highest of the 2011-12 season. Harvard joins No. 10 Dartmouth and No. 2 Cornell in the polls, giving ECAC Hockey, and the Ivy League, three nationally-ranked squads.


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sutz wrote:Yeah, this middle part of the season is important to set up that later home stretch.
I'm really a one game at a time kind of guy, TBH, but it'd be nice to finish the first half of the season at 5-3 and go on a bit of a roll in the third quarter so to speak.
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There haven't been too many complaints about the new iPad ...
Except this one (and it seems to be pretty consistent for new iPad owners):
Because the iPad now has a giant battery to run that power-hungry Retina display, the tablet tends to get pretty hot after using it for just a few minutes.
We noticed it right away after we bought the new iPad on Friday. The lower left corner on the iPad's rear casing definitely gets hot.
We're not alone. This forum on Apple's website has more than 100 posts from new iPad owners complaining about the heat problem. Some say it's just "warm," while others say it's hot enough to fry an egg.
In our experience, the iPad definitely gets warm, but it's hardly burn-your-skin-off warm. Chances are your laptop gets a lot warmer.
Don't Miss: Unboxed! Check out photos of the new iPad


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Black Dynamite wrote:you need to shut the fuck up when grown folks is talkin.
jymaze wrote:Damn, that must be an intense mind workout tracing that thing!
For these brown resistors, I had the same problem when tracing a wampler pedal. It is annoying. Where they stand in the schematic can help choosing if they should be read from left to right or from right to left... or sometimes just one way of reading will produce a value that exist in the resistor series.
jymaze wrote:I'll give it a shot! Bring it on my friend!
For the 470j, unless proven otherwise during tracing it is a470 pF cap. I think it is a multilayer PCb and this cap ties the input to ground, the ground being on am inside plane. This is why you have pads that seems to go nowhere... This is going to be fun...
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Careers rarely develop the way we plan them. Our career path often takes many twists and turns, with particular events, choices and people influencing our direction.
We asked Adriene Booth from Forestry Careers Ireland to give some advice for people considering this job:
A willingness to continually learn, a level of humility (with all the required disciplines involved in forestry you need to be able to seek and take good advice), being personable (you will have to work with others and must be able to communicate and engender trust).
Creative people are drawn to careers and activities that enable them to take responsibility for the design, layout or sensory impact of something (visual, auditory etc). They may be atrracted to the traditional artistic pursuits such as painting, sculpture, singing, or music. Or they may show more interest in design activities, such as architecture, animation, or craft areas, such as pottery and ceramics. Creative people use their personal understanding of people and the world they live in to guide their work. Creative people like to work in unstructured workplaces, enjoy taking risks and prefer a minimum of routine.
Parents Guide
If you want to understand the basics of careers guidance and how it can work for your child, help is at hand with this concise guide.
Parents play a huge role in the choices children make when they start looking for a career. They influence the level of education or training that their children achieve; the knowledge they have about work and different occupations; the beliefs and attitudes they have to working; and the motivation they have to succeed.
Most of this is learned unconsciously – children and teenagers absorb the attitudes and expectations of them as they grow up. Some of the key influencers are:
To nourish a healthy and rewarding career for your child, the following factors are worth considering:
What is Careers Guidance?
It's useful to understand some of the basic principles of careers guidance, the processes involved in planning and building a successful career and how they can be harnessed by you the parent as you support and guide your child on their career and life journey. In this Parents Guide to Career Guidance we:
For a detailed discussion on the main areas of concern expressed by parents, follow our extensive guide by using the buttons on the left.
The REACH+ Career and College Preparation Programme is Ireland's most comprehensive, in-depth and multi-format careers programme available. Much more than any textbook, it is a complete, integrated, classroom learning environment that supports Students, Guidance Counsellors and Teachers of career related content, including TY, LCVP and LCA.
It covers a comprehensive range of topics designed to help your son/daughter prepare for the transition from school to either work or college. It is managed by the school guidance counsellor, is full of engaging activities, and requires active participation by the student.
As a parent you can view your son/daughter's progress with them by discussing the many reports produced by the programme, and understand in a deeper way the career planning process that is supported by the guidance counsellor. The REACH+ programme is continuously updated with relevant and timely content. Access to the online learning environment (the Career File) is through the internet and hence is always available.For further information please contact your schools' Guidance Counsellor. For more information: click here
Aiming Higher ~ A Guide for Parents and Guardians, is a guide aimed at parents (and guardians) of prospective third level students, to give them a practical understanding of the higher education system in Ireland and to help them to support their daughter or son in making informed decisions around third level courses and career choices. It is the first guide of its kind that is specifically targeted at parents and extensive consultation with parents drove much of its content.
Click here for more information.
Cracking the College Code, is a practical guide to making the most of the first year college experience, and covers just about everything that students and parents need to know about going to college.
"It is the indispensable companion for all parents, guardians and students embarking on the journey into third level. This book should be in every leaving cert students' bag as they depart on this exciting but often daunting new destination on their career path." Betty McLaughlin, PRO Institute of Guidance Counsellors. Click here for more information.
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I've done some work on the CNC machine yesterday and I was able to engrave some really fine text onto plastic. This is the first application for the machine that I have in mind. At work we make some hardware. I'd like to engrave the serial numbers in those cases. As you can see the engraving can easily be done at a lower laser power. Which leads me to the realization I need control over the laser power from EMC2. Maybe Drive4Die or Flexmod.
Also it looks like I'm going to need control over the Z axis to focus the laser on different height materials without having to refocus every time.
I've also noticed the machine isn't quite orthogonal, which is not too much of a surprise :). I'll have to work on that a bit as well. All in all it's looking very good.


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Read the original article in The Oregonian here.
Enrollment in Oregon's public universities has hit an all-time high, but the growth rate has slowed after four years of spikes, according to data released Thursday by the Oregon University System.
More than 101,000 students enrolled at eight campuses this fall, an increase of 1 percent over last year. The growth came almost exclusively from Oregon State University's Corvallis campus, which added 1,400 students. University of Oregon had the next-largest growth, adding 144.
Four campuses shrank, led by Southern Oregon University, which has 263 fewer students this year. Portland State was down 227 but remained Oregon's largest university.
Oregon's universities saw enrollment explode in recent years as students sought refuge from the Great Recession, growing by 3.5 percent last year and more than 5 percent in each of the three years before that. This year's 1.1 percent growth rate is the lowest since 2006, when enrollment was essentially flat.
Economic improvements have probably contributed to this year's lower growth, said Bob Kieran, associate vice chancellor for institutional research at the Oregon University System. The number of graduate students fell nearly 2 percent this year.
The number of seniors graduating from Oregon high schools has also plateaued, Kieran said.
"Our five-year growth is at 23.3 percent, just about the size of another major university," Kieran said. "So we have had unusually strong growth. If you look at five year growth periods over the last 40 or 50 years, they're not usually in that ballpark. They're usually much smaller."
Oregon State University's substantial growth came largely from new nonresident and international students, along with expansion of its online classes, university officials said.
Oregon Institute of Technology added 90 students and Oregon State's new Cascades campus in Bend added 37, boosting its total enrollment to 801 students. Eastern Oregon University shrank by 90 students and Western by 30.


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Plea made in fatal Milton crash
Milton man admits to vehicular manslaughter in death of 14-year-old
BALLSTON SPA — A Milton man faces up to seven years behind bars for driving drunk and causing an accident over the summer that killed a 14-year-old pedestrian a month before she was to start high school, according to Saratoga County District Attorney James A. Murphy III.
Murphy said in a statement that Gavin Staulters, 22, pleaded guilty Wednesday in Saratoga County Court to second-degree vehicular manslaughter, a felony.
In July, Staulters was southbound on West Milton Road in Milton when he veered onto the shoulder of the road and struck Kari Liedel, narrowly missing her friend, Murphy said.
Liedel would have started at Ballston Spa High School in September, according to the district attorney's office.
"While we can never fill the void in her parents' hearts, we are satisfied that the defendant admitted he drove drunk and killed her, and that he will have a felony record and go to state prison," Murphy said.
Defense attorney Frederick Rench of Clifton Park said Wednesday that his client is contrite and didn't want to put the Liedel family through a criminal trial.
"He became very remorseful while entering the plea," said Rench, noting that Staulters was not indicted and had no criminal record. He said he will ask Judge Jerry Scarano for leniency at Staulters' Jan. 30 sentencing.
Under the plea deal, Staulters could either receive 2 to 6 years or 11/3 to 7 years if he allows Scarano to determine his penalty.
Once he is released from prison, Staulters will have to install an ignition interlock device on any vehicle he drives.
The case was handled by Assistant District Attorney Patrick J. Campion.
email@example.com • 518-454-5347 • @apaulnelson


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By ANDY KIRKALDY
VERGENNES — Facing a $224,000 deficit due to last winter's soaring fuel bills and to trouble with the school's heating and ventilation system, Vergennes Union High School officials slashed almost $200,000 of supplies, equipment and materials from a December draft budget in order to keep their proposed 2009-2010 spending increase at 4.9 percent.
By KATHRYN FLAGG
VERGENNES — Struggling to find a name for their newly formed band, Doug Hawley, Billy Yantz and Pat O'Brien stood on O'Brien's driveway in Vergennes one night in 1964. They were teenagers — Yantz, the oldest of the three, was only 15.
The guys tossed around a few names, but as Yantz remembers it, nothing sounded quite right.
By JOHN FLOWERS
BRISTOL — Hundreds of Bristol residents were expected to bid a final farewell to Fred Jackman on Wednesday morning in a very public salute to a dedicated public servant, shrewd businessman, WWII veteran and iconic figure in Addison County's firefighting community who died on Saturday at the age of 84.
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A Lancaster man faces a host of larceny charges after authorities say he broke into multiple vehicles during the past two months.
Altonio Demonte Huntley, 18, 2603 Potter Road, was arrested Thursday, Nov. 22, in connection to a string of thefts from Cook's Transmissions, 113 Twilight Road, Lancaster.
The Lancaster County Sheriff's Office announced Huntley's arrest Tuesday, Nov. 27.
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I read your editorial on John McCain's position on the ethanol industry ["Ethanol Takes a Hit," October 2008]. I agree with him in regards to taking away some of the tax breaks, etc. The government has created a situation that will not work. They gave tax breaks and subsidies to get the industry started. They put tariffs on imported ethanol to eliminate its competition. When production exceeded demand, they required that more be sold under the pretense of renewable fuels. The prospect of rapid gains in commodities due to renewable fuel caused excessive speculation by non-farmers. This drove prices to false highs, which led to the increase of input prices.
It's easy for grain and livestock prices to go down, but don't hold your breath on reduction of the farmer's cost.
Roy Rohrer
Winnetoon, NE


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Express-News Area Girls Cross Country Super Team
Holmes, junior
District 27-5A champion, third at regional, 18th at state. ... Super Team last year. ... All-Area as a freshman.
Boerne Champion, junior
District 27-4A champion, second at UTSA (4A), third at regional and 12th at state. ... 23rd at NIKE South Regional. ... Helped team to District 27-4A title and runner-up at regional. ... Champion finished seventh at state. ... All-Area last year.
Devin Clark
Smithson Valley, sophomore
E-N Runner of the Year for the second straight time. ... District 25-5A and Region IV champion, fourth at state.
Smithson Valley, junior
Fourth in 25-5A, eighth at regional, 19th at state. ... Three-time Super Team selection
O'Connor, sophomore
Second in 27-5A, sixth at regional, 50th at state. ... All-Area last year.
New Braunfels, freshman
Third at state, runner-up in District 25-5A and Region IV. ... Helped Unicorns to 25-5A team title and third at regional. ... New Braunfels placed eighth at state.
Antonian, senior
TAPPS 5A champion. ... Team finished second. ... All-Area last year.
More Information
Volleyball Player: Jessica Waldrip
Offensive Player: Marquis Warford
Defensive Player: Grant Watanabe
Girls Runner: Devin Clark
Boys Runner: Austin Wells
Football: David Malesky
Cross country: Dave Fulkerson
Volleyball: Liana Gombert
Class 5A Super Team
Sub-5A Super Team
All-district teams
Game of the year: O'Connor-Madison
Final rankings
Super Team
All-Area teams
All-district teams
Final rankings
Boys Super Team
Girls Super Team
All-Area Team
Best at state


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Bella Thorne and Charlie Puth were not meant to last … mostly because she's allegedly still dating Tyler Posey.
Charlie is now publicly apologizing to Tyler and breaking it off with Bella, saying … "I'm just removing myself from this." Charlie says Bella told him she was not with Posey anymore, but he found out otherwise.
He also tweeted, "I don't know Tyler personally, but I know he shouldn't be treated this way."
Bella and Charlie were spotted packing on the PDA earlier this week. It looked weird to a lot of fans who thought she was still with Tyler. Seems like they were right.
10:50 AM PT — Bella just clapped back to the rumors, saying, "Ty and I have been broken up for like two weeks and charlie and I ARENT DATING we are friends. That article was written forever ago."


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I am sorry in advance. I have to say something that I know will offend some people.
I am so tired of people praising us for being foster parents and then stating that they could never do it because it would hurt their hearts too badly when they have to give these poor helpless children back.
Well then, God forbid you be inconvenienced with a little pain. These children will just stay in group homes (or homeless) feeling all alone, just wanting a family to take them in, hug them, kiss their boo-boos and wipe away their tears. Yes, they�ll be fed and go to school and possibly pass. But no, they won�t feel like they are part of a real family.
Enjoying holidays with large family tables covered in food and having their own seat right next to their foster mom and dad. They won�t jump out of bed on Christmas morning to wake �their� family up to go open all the presents that have their names on them under the family Christmas tree. They probably will not ever go on a family vacation, especially anywhere really nice. They may never even see a sunrise or sunset.
They will not learn how to be a functioning family unit. They may be abused or even worse molested, because people can be cruel. They will grow up and one day be a parent and possibly continue the vicious cycle.
You stay all nice and cozy in your little safe life, and don�t inconvenience yourselves to help a child become a functioning, loving, caring, productive human being.
There is no better of a feeling than taking a child on their first vacation. Or the first time they ever see the ocean and they lie on the floor of the pier and look through the slats of wood just to see the water below. Then they ask if the ocean goes on forever. Or get up early and make them get out of bed to see the sun come up. All the while convincing them that it will be worth it. Or taking them on their first roller coaster ride and waiting an extra half hour in line so they can be in the front row. Then try to convince them to keep their hands up.
Try taking an 8-year-old on their first plane ride and having to apologize to the people around us because he couldn�t stop giggling the entire flight. Or that they laughed through all the turbulence, just because you explained it as a bumpy road and not a danger.
It�s awesome to see a 12-year-old learn to swim when it took you all summer just to convince him to get in the pool and overcome his fear of water.
Or let an 8-year-old little girl, who had no real family unit, be the flower girl in your son�s wedding. It�s an amazing feeling every time you see them overcome an obstacle or have their �ah ha� moments. It is the most amazing feeling knowing that every minute that you spend with these children, you are changing lives. Not just now, but future lives. They will have children. They will remember the lessons and love that you taught them. They will remember how you treated them and possibly treat their children with the love that you showed them. They will carry on �your� family traditions. They can break the cycle! All they need is a chance.
They are not perfect. They will possibly make you madder than you ever have been in your life. You will have to apologize and explain that you aren�t perfect and don�t expect them to be perfect either.
But, one evening you will go to tuck that distant child in and they will tell you how much they love you and give you the biggest hug and won�t want to let you go. Trust me, you will cry for an hour! They will feel loved and will do their best to show you their love. They will become part of your family and yes it will rip your heart out when they leave you. You may never see them again. But then again, you may. But being their �hero� is an awesome gift for both of you.
Don�t complain about the world falling apart and how children are acting badly if you are not willing to help change the world. It takes a village to raise a child!
And you are a villager.
Smith is a resident of Dallas.


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Sale Price $12.74 (reg. $16.99)
Derivatives from Fruit Sugar, Sweet Pineapple, Coconut and Lemon provide a light, citrusy scent and gently cleanse the skin, while Aloe Vera nourishes and moisturizes. The gel's gentle foaming action delights everyone, from the youngest to the oldest members of the family.
200 ml / 6.76 fl. oz.
Skin and body care products aren't just absorbed into your system every time you use them, they're also washed into waterways by the tubful every time you bathe. Especially your shower gel. Your family deserves a shower gel that gets them clean and is safe to use, both for the body as well as the environment.
Hop in the shower with confidence using our eco-friendly Shower Gel. This gentle formula delivers everything you want in a shower gel. It cleanses, moisturizes and leaves a light citrus scent that awakens the skin—without the toxic chemicals so common in most other bathing products.
Shower Gel has been certified by two reputable agencies, BDIH and NaTrue. BDIH is an international organization that ensures the product is free from:
NaTrue is an international organization that ensures the product possesses the following attributes:


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European Commission
Press release
Brussels, 21 January 2014
Renewable Energy: Commission refers Ireland to Court for failing to transpose EU rules
The European Commission is referring Ireland to the Court of Justice of the European Union for failing to fully transpose the Renewable Energy Directive. The Directive aims at ensuring a 20% share of renewable energy in the EU by 2020. The Directive had to be transposed by the Member States by 5 December 2010.
"It is essential that all the Member States implement the renewable energy legislation. Renewables are vital for the security of supply and European economic growth. They are key in mitigating global climate change," said Commissioner Oettinger, the EU Energy Commissioner.
The Commission proposes a daily penalty of €25 447.5. The penalties proposed take into account the duration and the gravity of the infringement. In case of an affirmative judgement of the Court, the daily penalty is to be paid from the date of the judgment until the transposition is completed. The final amount of the daily penalties will be decided by the Court.
The Commission has addressed the issue of non-transposition of the Directive by sending a letter of formal notice to Ireland in January 2011 and a reasoned opinion in June 2012. Despite these proceedings, full transposition is still pending in Ireland.
Ireland has already adopted a considerable amount of legislation required by the Directive. However, some provisions still remain to be transposed into national law. In particular, these provisions relate to the national 10% target for renewables in transport, the streamlining of administrative procedures, the management of grid access for electricity from renewable sources, and to sustainability criteria for biofuels and bioliquids. Ensuring the achievement of the national targets, easier procedures, adequate grid access and the sustainability of biofuels and bioliquids are priorities for the Commission.
The Commission has already referred Austria, Poland and Cyprus to the Court for failing to transpose the Renewable Energy Directive. It is also examining the situation in other Member States to which it has addressed letters of formal notice and/or reasoned opinions on this issue. Therefore, today's Commission action might be complemented by further referrals to the Court over the next months.
The EU has committed itself to reach a 20% share of renewable energy in final energy consumption and to cut greenhouse gas emissions by 20% as compared to 1990 levels by 2020. The Renewable Energy Directive includes key provisions for achieving these objectives, particularly setting individual targets for the overall share of renewable energy in each Member State's energy consumption and rules on grid access for electricity from renewable energy sources. For the transport sector, the Directive sets for all Member States a target of 10% share of renewable energy. Where biofuels are used to achieve this target, these must meet a set of sustainability requirements. This means that biofuels cannot be produced from areas which have a high biodiversity value, such as protected areas, or from areas that store a high amount of carbon, such as forests or peat lands. Biofuels also have to save considerably more greenhouse gas emissions than fossil fuels.
Under the Lisbon Treaty, which entered into force on 1 December 2009, if Member States fail to transpose EU legislation into national law within the required deadline, the Commission may ask the Court to impose financial sanctions when referring the case to court.
The daily penalty payment is calculated based on a formula, where the following elements are multiplied:
More information
The Renewable Energy Directive can be consulted here.
Commission web page on renewable energy:
Current figures on infringements in general can be found at:
On the January infringement package decisions, see MEMO/14/36
On the general infringement procedure, see MEMO/12/12
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Customer training takes place in our fully-equipped training lab in Ann Arbor. You will be trained by product or support engineers that have hands-on, real-world experience. Our workshops usually begin at 8:30 a.m. and end at 4:30 p.m. with an hour break for lunch. Continental breakfast and a full lunch are provided.
Sign-up is easy! Just select your desired class and date below to bring up our online registration form.


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Apartment: 2 beds, 2 baths, 2 receptionsThis two bedroom lateral apartment, situated on the second floor, is set over 261 sq m (2,804 sq ft) and spread generously across two original townhouses (totalling circa 60 feet creating one magnificent...POAView Details
Apartment: 3 beds, 3 baths, 2 receptionsElegant 3 bedroom duplex apartment in an exclusive portered mansion block.Guide Price £7,000,000 View Details
Flat: 3 beds, 3 baths, 2 receptionsAn elegant apartment with magnificent views overlooking Regents Park. This property is in a truly amazing location, nestled amongst the Famous Nash Terraces of Regents Park.POAView Details
House: 10 bedsA larger than average block containing 10 apartments located in Gloucestar Place. The block has a mixture of 1 and 2 bedroom apartments.£6,500,000View Details
House: 4 beds, 1 receptionBright and spacious 4 bedroom terraced house in the heart of Marylebone.Guide Price £5,750,000 View Details
Terraced House: 7 beds, 6 baths, 6 receptionsA Freehold classic London Victorian Town house which was formally the publishing house for the noted writer George Orwell. POAView Details
Detached House: 14 bedsBeautiful seven apartment high spec development over the ground to third floors located on Harrow Road overlooking the Grand Union Canal. Guide Price £5,500,000 View Details
Detached House: 6 beds, 6 baths, 2 receptionsFantastic opportunity to purchase this Freehold six bedroom detached house located in St. John's Wood.POAView Details
Apartment: 4 beds, 4 baths, 2 receptionsStylish 3013 Sq. Ft. four bedroom apartment with magnificent views over Regents Park. The apartment has a contemporary décor throughout and is situated on the third and forth floor within this impressive...POAView Details
House: 5 beds, 3 baths, 2 receptionsA fantastic Victorian family homes set in this highly sought after location. Guide Price £5,250,000 View Details
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"Five years is the right timing to reduce car prices because a sudden reduction would impact the second-hand car industry," Malaysia Automotive Institute chief executive officer Madani Sahari said.
He said although the car price cut plan had recently received wide publicity, the exercise itself started last year with some popular car brands reducing their car prices by 2% to 5%.
"The Government has had the car price reduction plan in the yet-to-be-announced National Automotive Policy since 2011 and had started to implement it since last year in a silent way," he said on the sidelines of a forum on "Business Time Insight The National Automotive Policy" here yesterday.
On Tuesday, Prime Minister Datuk Seri Najib Tun Razak reiterated the Government's commitment to gradually reduce car prices by 20% to 30% within the next five years.
Madani said the car price reduction did not involve a cut in the excise duties, as Malaysian companies in reality were only paying about 40% of excise duties, even though it hovered at around 65%-105%, depending on the segment, due to value-added activities undertaken in the country.
"Completely-knocked-down (CKD) cars which are assembled in Malaysia basically have value-added activities, and are therefore receiving the privilege of lower excise duties. "Based on our calculations, most of our CKD cars enjoy excise duties in the range of 40%," he said. Meanwhile, Volkswagen Group Malaysia managing director Dr Zeno Kerschbaumer said the car price reduction policy showed the Government's effort to put consumers into the focus of their attention.
"This perfectly matches our (Volkswagen's) policy to continuously bring the latest technology to customers at the best price possible. I think it's a big message to consumers and gives them the confidence that the Government was giving the consumers interest in the focus of their policy," he said.
He said the move was also in line with the principle that the customers had to drive the policy. "We need to leave all our options to the customers, and the customers in the end need to decide what better fits their requirements," he said. - Bernama
Related post:
Car prices in Malaysia will be reduced gradually


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Small Tortoiseshell
The Painted Lady is a long-distance migrant, which causes the most spectacular butterfly migrations observed in Britain and Ireland.
Each year, it spreads northwards from the desert fringes of North Africa, the Middle East, and central Asia, recolonising mainland Europe and reaching Britain and Ireland. In some years it is an abundant butterfly, frequenting gardens and other flowery places in late summer.
Size and Family
- Family: Nymphalids
- Size: Medium
- Wing Span Range (male to female): 50-56mm
Conservation Status
- Butterfly Conservation priority: Low
- European status: Not assessed
Caterpillar Foodplants
A wide range of foodplants may be used with thistles (Cirsium spp. and Carduus spp.) being preferred in Britain and Ireland. Mallows (Malva spp.), Common Nettle (Urtica dioica), Viper's-bugloss (Echium vulgare), and various cultivated plants also have been recorded as larval foodplants here.
This common and widespread migrant likes dry open areas, but can be seen anywhere in a good year.
- Countries: England, Scotland, Ireland and Wales
- Recorded throughout Britain and Ireland, but numbers vary greatly from year to year
- Distribution Trend Since 1970's = +32%
Painted Lady - Iain H Leach
Painted Lady (upperwing)
Painted Lady - Iain H Leach
Painted-Lady (upperwing)
Painted Lady (underwing) - Andrew Cooper
Painted Lady (underwing)
Andrew Cooper


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Located on the fourth floor of the Center for Health Sciences, the Occupational and Physical Therapy Clinic offers comprehensive rehabilitation services to the Ithaca College community.
The Ithaca College Occupational and Physical Therapy (OT/PT) Clinic is available to the Ithaca College community including students, faculty/staff, their families and the residents at Longview.
All services are provided by New York State licensed physical and occupational therapists.
The Clinic is available for the treatment of a variety of diagnoses and patient populations including: orthopedic, neurological, hand, performing artists, and pediatric. Occupational Therapy Services require a physician referral in order to be treated. Physical Therapy services may be delivered on a limited direct access basis. All OT/PT Clinic services are free, and therefore no insurance information is necessary.
The OT/PT Clinic is staffed by clinical faculty who are licensed Physical and Occupational therapists, an administrative assistant and student workers. Current OT/PT students are hired as student workers to assist in daily operations. Current OT/PT students may take elective courses working with patients under the direction of a faculty member.
The Clinic is open during the academic year only. The hours for each semester will vary depending clinical faculty schedules. Staffed by faculty from the Departments of Physical Therapy and Occupational Therapy, the Clinic also serves as an integral component of the curriculum by providing: clinical experiences and patient demonstrations for many of the clinically oriented courses, an environment for conducting clinical research, and interdisciplinary clinical inservices in collaboration with other departments in the School of Health Sciences and Human Performance.


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NY Public Radio Station WNYC Decides That Time Shifting = Piracy
from the for-shame deptI grew up in NY, and used to listen to WNYC quite a bit as a kid. It's the local public radio station. I'm pretty sure my parents still listen to it all the time. Also, I'm a huge fan of WNYC's On The Media program, which I link to frequently (and, full disclosure, who have had me on as a guest a couple of times). So it's somewhat disappointing to find out that someone at the organization appears to think that timeshifting is piracy. It is not, and the organization is wrong.
Trey Harris is a big fan of WNYC, and a regular pledge drive supporter. Of course, to make his listening easier, he uses a program called Flip4Mac, which not only lets him listen to the streams, but lets him do some basic time shifting of the streams: pause, rewind, fast-forward, etc. This makes the WNYC feed more valuable and useful for him, and he's shown it by supporting them even more, having recently increased his yearly contribution.
Unfortunately, WNYC thinks he's a crook. A few days ago, the app stopped working with the WNYC feed. Trey contacted them to let them know that there must be a bug that needed fixing... and he was told instead that the app had been blocked because of piracy! As he notes, the folks making the decisions at WNYC apparently are wholly unfamiliar with the ruling in the Betamax case that says that time-shifting is legal. It's why VCRs and DVRs are legal. There's no reason why streaming audio shouldn't be legal as well.
After complaining about this publicly, WNYC (actually, the "donor's office") contacted him to clarify. They said that they weren't accusing him of piracy, but that their streaming provider said that app was used for piracy, and that's why it was blocked. Still, they argued that time shifting is "piracy"... but only if done online.
She agreed that if I used a tape recorder, or a digital recorder, to store the over-the-air broadcast, I could listen to it later, pause, rewind, etc. But she said when it went over the Internet it was different. I brought up the TiVo example, and she responded that video-on-demand programs often disallow fast-forwarding. "It's a whole new world," she said.It's not "a whole new world," in the way she thinks. There is no requirement that a DVR disable things like fast-forwarding. There is certainly no reason for them to disable this use. It's not "piracy." They're broadcasting this free over the air, and this is just someone recording the legitimate stream. All of that is perfectly legal. The only reason to break the ability to do this is to piss off legitimate listeners.
Of course, even if WNYC officials are totally wrong about this, it's really not that surprising. In a world of copyright maximalism, where we're continually taught about "ownership" of ideas and content, even where it doesn't make sense, some people almost have an instinctual reaction to think that any use like this must be "illegal" somehow. It is not, and it's a shame that WNYC seems to be sticking to this bogus explanation. Of course, I also wonder why WNYC thinks of services like dar.fm, which appears to offer up a bunch of WNYC shows for time shifting.
The whole thing remains pretty silly, of course. Time shifting is legal. An operation like WNYC shouldn't just be fine with it, it should encourage it because it makes their shows more valuable, meaning more people will listen -- and more people will be interested in donating and supporting what they do. It's a shame that they clearly haven't thought this through and simply jumped to the false conclusion that this was some sort of evil piracy.
Filed Under: on the media, public radio, timeshifting
Companies: wnyc


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Forever A Met: David Wright And The Quest For Franchise King Status
Monday, December.10, 2012
Stephon Johnson (Guest Baseball Writer and Mets Correspondent): Follow @stephonjohnson8
Met fans have gotten used to having their greatest players come either from other franchises or move on to other franchises. When combing through the 50-year history of the Mets, you realize that every great player this franchise has had didn't spend their entire career in Flushing. Tom Seaver, Jerry Koosman, Cleon Jones, Darryl Strawberry, Dwight Gooden, Gary Carter, Keith Hernandez, David Cone, Mike Piazza, Al Leiter and Jose Reyes were all either products of other franchises or homegrown talent that was eventually let go.
Met fans can now say that they have a player who'll more than likely remain with the franchise for his entire career.
Last week, David Wright signed a contract extension with the Mets through the year 2020. According to the Associated Press, the 8 Year Deal is worth $138 Million Dollars (the richest contract in franchise history surpassing pitcher Johan Santana's deal by half a Million Dollars). Over the course of his Nine-Year career, the Six-Time All-Star's posted a .301 Avg, 204 HRs and 818 RBI, with 790 Runs Scored and 166 Stolen Bases . Only Strawberry (252) and Piazza (220) have hit more HRs in a Mets uniform.
"I've never pictured myself in a different uniform," said Wright at a news conference in Nashville during the Winter Meetings last week. "It wouldn't be as meaningful, I think, if I were to win somewhere else."
Assuming that no debilitating injuries cut Wright's career short, the Mets now have a veteran anchor to stabilize the team. Now the question is: will it work?
Amongst franchise leaders, Wright is first in runs scored, walks (616), RBI (818), Total Bases (2398) and Hits (1426). He's fourth in On-Base Percentage (.381), tied for third in Slugging Percentage (.506), third in OPS and third in Games Played (1,262). Not to mention that he's earned two Silver Sluggers, two Gold Gloves and has finished in top ten in the Most Valuable Player voting four times. According to FanGraphs, Wright's projected to finish the 2013 season with just over 20 HRs, between 90 and 100 RBI, an OPS near .880 and an On-Base Percentage around .390.
FanGraphs also projects that at the end of his deal, the 29-year-old should achieve close to 25 WAR (Wins Above Replacement Value) with the wins valued at around $156 Million, which is $18 Million more than the actual contract. Wright only had to accumulate close to 21 WAR over the next eight years for the Mets to break even on his deal.
Intangibly, Wright's decision to stay in New York could prove to be the beginning of the Mets' slow ascent from the depths of Fred Wilpon's investments. But the Mets aren't out of the financial hole yet and one wonders what plan did they sell Wright in order to keep him at Citi Field? While Mets General Manager Sandy Alderson has told anyone within ear shot that not much will change personnel wise in 2013, the team's banking on 2014 to be their turnaround year. After 2013, Santana's contract will be off the books and the majority of the $21 million that's owed to Jason Bay would've been paid. Couple that with young pitching phenom's Matt Harvey and Zack Wheeler, Jonathan Niese remaining a rotation mainstay (for now), the possible re-signing of R.A. Dickey, Ruben Tejada and Ike Davis continue to improve, the money for possible free agents would have to be spent on outfield talent and a Catcher. Despite 2013 being a "lost" year in franchises eyes, how the Mets perform could be the biggest selling point for a free agent when gauging how close the franchise is to contending for a playoff spot.
And speaking of which, it's with great sadness for Wright and for Mets' fans that the regular season collapses of 2007 and 2008 have denied him the ability to test his postseason mettle. In his one postseason experience, as a still budding star, Wright batted .216 with one home run, 6 RBIs, a .310 On-Base Percentage and a .378 Slugging Percentage.
But many Mets fans have a special ability to remain unsatisfied. The anger with not re-signing Reyes in lieu of trading him for young talent during the 2011 campaign was understandable. But the anger expressed by some over not trading Wright, but then demanding that the Mets pay pitcher R.A. Dickey whatever he wants, is confusing. Maybe the fan base, so used to having things they hold dear snatched from them, decided to undergo a preemptive strike and push Wright away before they got hurt. Now that Wright's here to stay, Met fans might be singing another tune. While the mascot with the big-baseball head will forever be a staple, Wright is eight years away from becoming the true Mr. Met.
"Honestly. It wouldn't mean as much to me winning somewhere else as it would obviously winning here," said Wright at the news conference in Nashville. If he manages to lead the Mets to their first championship since 1986 over the course of his deal, it'll be worth it.
*** The views and opinions expressed in this report are those of the author and do not necessarily reflect the views of mlbreports.com ***
A big thank-you goes out to Stephon Johnson for preparing today's featured article. Stephon is a staff writer for the New York Amsterdam News where he's covered news, politics, education, union issues, sports and art & entertainment since 2007. He's covered the New York Yankees, local College Basketball and the New York City Marathon. His work has earned him awards from the New York Association of Black Journalists and the Ippies (which awards New York's independent, community and ethnic media). His work has appeared in various publications and websites like Beyond Race Magazine and Baeble Music.com. A native of The Bronx, he now resides in Astoria, Queens. Feel free to follow Stephon on Twitter and talk the game of baseball Follow @stephonjohnson8
Please e-mail me at: firstname.lastname@example.com with any questions and feedback. You can follow us on Twitter and become a fan on Facebook. To subscribe to our website and have the Daily Reports sent directly to your inbox, click here and follow the link at the top of our homepage.Follow @mlbreports
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Posted on December 10, 2012, in The Rest: Everything Baseball and tagged @stephonjohnson8 on twitter, al leiter, citi field, darryl strawberry, david cone, david wright, Dwight Gooden, Flushing Meadows, fred wilpon, gary carter, harvey, ike davis, jason bay, jerry koosman, johan santana, jonathan niese, jose reyes, keith hernandez, mets ownership group, mike piazza, national league, new york mets, NL east, r.a. dickey, ruben tejada, sandy alderson, Shea Stadium, stephon johnson, tom seaver, zach wheeler. Bookmark the permalink. 1 Comment.


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Jan. 7, 2007
The Lipscomb Bisons found themselves with their backs against the wall and they came out shooting.
The Bisons shot a season-high 62.3 percent from the field in the second half and a season-high 53.2 percent from the field for the game in a 79-68 win over Stetson University Sunday afternoon in an Atlantic Sun Conference game at Allen Arena.
It was the 16th straight win at Allen Arena for the Bisons, the 11th longest home winning streak in NCAA Division I. The win ended a three-game losing streak for the Bisons, all on the road, including A-Sun games at Kennesaw State and ETSU.
"I liked where our focus was," Lipscomb coach Scott Sanderson said. "Even though we got beat at Kennesaw State and ETSU I liked our focus. We seem to play better a lot of times when we feel like our back is against the wall. We need to get back in this race."
The Bisons are 9-7 overall, 3-2 in the A-Sun. Stetson slipped to 5-9, 1-3 in the conference.
The Bisons changed their starting line-up with center Jason Hopkins starting for the first time since the fourth game of the season and guard LaKory Daniels starting for the first time since game seven.
Hopkins responded with a season-high 10 points, hitting four-of-five from the field. He also led the Bisons in rebounding with six which also tied him for the game high. Daniels hit a pair of 3-pointers and was credited with five assists and one steal.
"We just wanted to try to shake things up a little bit and get a different feel," Sanderson said.
Lipscomb forward Eddie Ard, the preseason pick for player of the year in the Atlantic Sun, Ard scored a game-high 25 points, tying his season high set previously Jan. 2 at Kennesaw State. He has 24 or more points in four of his last five games and the last three in a row.
Ard was especially strong in the second half, scoring 14 of his points.
"Eddie shot the three and drove to the hole," Sanderson said. "He has played well. In the last three of four games he has gone to another level. If he would rebound more I would really like him a lot."
The Bisons opened quickly with a 10-2 run to set the tone for the afternoon. Stetson never tied or led in the game. The Bisons led by as many as 13 points in the first half, taking a 36-28 advantage into the dressing room.
In the second half their biggest lead was 17 on three different occasions, the last at 65-48 with 6:32 left to play on a 3-pointer by Ard.
Stetson rallied late cutting the Bisons lead to nine points at 71-62 with 2:07 left. The smallest lead for the Bisons was eight points (73-65) with 1:13 remaining.
"Stetson never quits," Sanderson said. "You never feel like there is a lead that is big enough against them. They always continue to come back and make big shots."
The Bisons played the second half without the services of senior guard Brian Fisk. He left the game with 5:51 left in the first half with an ankle injury. His status is listed as day-to-day.
The Bisons held a 28-25 advantage on the boards. They also had 12 steals with Michael Teller credited with four and Michael Lusk with three.
In addition to Ard and Hopkins, point guard Trey Williams also scored in double figures with 16.
"We have had some good looks from guys who haven't been making shots," Sanderson said. "We need those guys to start dropping some shot to take some pressure off of Brian, Eddie and Trey.
"I thought Michael Teller and LaKory stepped up. I thought Jason was good. He was very active. Our post players are getting better."
Stetson shot 44.7 percent from the field, hitting 21-of-47 shots. From 3-point range Stetson was 9-of-22, a 40.9 percent success rate. Sanderson was happy with what he saw from the Bisons defensively.
"We wanted to really defend people," Sanderson said. "We wanted to get down and guard them. In the first half I really liked our defense. We were really after them. They struggled a little bit attacking our zone in the second half so we stayed with it."
Garfield Blair and Kris Thomas each scored 11 points for Stetson. Gabe McMillen and Tim Lang scored 10 apiece. Blair and J.J. Hirst each grabbed six rebounds.
Sanderson likes Sunday afternoon games. The win was a positive start for a busy week. Classes start Monday for the Spring semester. The Bisons are back on the court Tuesday night when Mercer visits Allen Arena at 7.
Friday they travel to Belmont for the first round of the "Battle of the Boulevard". The game, which will be televised by CSS, starts at 6:30 p.m.


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gbarry42 wrote:If you get your hands on it, perhaps I can come by and apply it to mine. I'm actually more interested in the process than having any particular need for the update.
gbarry42 wrote: I know that clicking sound well. Anyone who has used LeafSpy with the car turned off or charging should be familiar with that sound. As you say, it's "mostly harmless", but maybe I will choose not to have that.
gbarry42 wrote: FWIW, I do like watching the SOC go up or down as I'm driving. It's the worst number to use in gauging the battery, but it's the only that displays in real time.
lorenfb wrote: I've never heard that "clicking" sound while charging. I'll check again, though.
JeremyW wrote:I just updated my LeafDD, I will be bringing the programmer to the leafer breakfast on Saturday February 18th in Santa Ana, so if you're local to SoCal, I can update your LeafDD firmware at the event. After, I'll ship the the unit to Drees, then I believe he will ship it on to Rusher.


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Supreme Court justices unanimously ruled Wednesday against a Minnesota rabbi whose frequent complaints about an airline got him tossed out of its frequent flier program.
Supreme Court justices unanimously ruled Wednesday against a Minnesota rabbi whose frequent complaints about an airline got him tossed out of its frequent flier program.
The court dismissed a lawsuit from Rabbi S. Binyomin Ginsberg over Northwest Airlines' decision to strip him of his top-level frequent flier status and then end his membership.
Northwest, since absorbed by Delta Air Lines Inc., said it cut off Ginsberg because he complained too much. The rabbi said Northwest did not act in good faith, and was trying to cut costs because of its merger with Delta.
The court said in an opinion by Justice Samuel Alito that the federal deregulation of the airline industry in 1978 prohibits most lawsuits like the one filed by Ginsberg.
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The frequent flier program is clearly connected to the airline's prices, routes or services, which are covered under the Airline Deregulation Act, Alito said.
Ginsberg and his wife flew almost exclusively on Northwest, logging roughly 75 flights a year to travel across the U.S. and abroad to give lectures and take part in conferences on education and administration.
He said he flew on Northwest even when other airlines offered comparable or better flights and in 2005, reached the highest level of the WorldPerks program.
Northwest cut him off in 2008, shortly after Northwest and Delta agreed to merge. Ginsberg said Northwest was looking to get rid of the high-mileage customers.
Northwest says Ginsberg complained 24 times in a seven-month period, including nine instances of luggage that turned up late on airport baggage carousels. Northwest said that before it took action, it awarded Ginsberg $1,925 in travel credit vouchers, 78,500 bonus miles, a voucher for his son and $491 in cash reimbursements.
The airline pointed to a provision of the mileage program's terms that gives Northwest the right to cancel members' accounts for abuse.
Alito said the court ruling does not leave airline customers without recourse. The Transportation Department has authority to punish unfair and deceptive practices in air transport and can investigate complaints about frequent flier programs. Customers also have the option of enrolling in a rival airline's program, he said.
In a statement, Delta said it was pleased with the decision and would continue "to provide customers with a loyalty program that offers valuable benefits and rewards our members' travel."
Ginsberg's attorney, Adina Rosenbaum of the consumer advocacy group Public Citizen, said she was disappointed.
"We think it's one that harms consumers by giving airlines greater freedom to act in bad faith in performing their contracts with consumers," she said.
A federal trial judge cited earlier Supreme Court cases involving claims against frequent flier programs in dismissing Ginsberg's lawsuit, including his claim that Northwest did not live up to the terms of the contract. The judge said the contract gives the airlines the right to kick someone out of the mileage program at its "sole judgment."
But the 9th U.S. Circuit Court of Appeals in San Francisco said part of the suit could go forward involving whether Ginsberg and others can sue under state laws that require parties to a contract to act in good faith.
The case is Northwest vs. Ginsberg, 12-462.
Associated Press writer Sam Hananel contributed to this report.


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