About Tim

Tim McMahan is a partner practicing in the areas of energy, land use, environmental and municipal law. His principal office is in Portland, Oregon. Tim has extensive experience in representing energy facility developers, property owners and municipal clients in Washington and Oregon. Tim focuses his practice on leading interdisciplinary teams advocating for and defending energy facilities and other major infrastructure projects facing opposition.

Prior to joining Stoel Rives in 1999, Tim served as the Port Townsend, Washington, City Attorney for over five years, during which he guided Port Townsend through downtown historic district preservation strategies and Growth Management Act implementation, successfully defended the city’s Comprehensive Plan and Shoreline Master Program in agency and judicial litigation and developed innovative strategies to protect Port Townsend’s municipal water supply from spiraling demands.

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  • Tim focuses his work on the rapid deployment of renewable energy generation systems, long distance high voltage transmission lines, and motor vehicle electrification infrastructure.
  • Tim assists clients in prospecting for potential energy facility sites throughout the Western US, evaluating a wide range of regulatory, market, policy, and project opposition due diligence considerations.
  • As Co-Chair of Stoel Rives’ Climate Change Initiative, Tim is well versed in the evolving climate-related regulatory and policy considerations impacting project permitting, including greenhouse gas rules and legal and opposition considerations related to resiliency planning and permitting.
  • Represents clients permitting utility and energy facilities including wind and solar facilities, energy storage, RNG facilities, pipelines and underground natural gas storage, fuel transportation, natural gas generation, electrical transmission, shoreline developments and commercial and industrial facilities.
  • Experienced in permitting commercial, industrial, and recreational docks and marine terminals and other shoreline infrastructure.
  • Represents developers and public sector clients both through the permit process and in administrative and judicial litigation, including Washington’s State Environmental Policy Act (SEPA), NEPA, Shoreline Management Act, and Growth Management Act compliance. Tim’s energy work involves local, state, and federal permitting; tribal law; and compliance with federal wildlife laws, including the Migratory Bird Treaty Act (MBTA), Endangered Species Act (ESA), and the Bald and Golden Eagle Protection Act (BGEPA).
  • Represents most rural energy facility developers in Washington and Oregon, including contested proceedings before the Oregon Energy Facility Siting Council (EFSC) and the Washington Energy Facility Site Evaluation Council (EFSEC).

Representative Major Project Work

Oregon Energy Facility Siting Council Wind Energy and Transmission Facilities

  • Northwest Natural North Mist Project (amendment to the Mist Underground Natural Gas Storage Fields’ Site Certificate to expand the Site boundary to include new storage reservoirs and a new 13-mile, 24-inch transmission pipeline; proceedings initiated in 2013; final permits issued 2016). The Project is permitted to develop new underground natural gas storage capacity through the development of new reservoir and pipeline facilities, with principal objective of providing “on demand” natural gas services to enable flexible gas generation to “firm” variable renewable energy serving the Portland metropolitan area electrical grid.
  • Stateline Wind Project, FPL Energy (123 MW, Umatilla County; 2001 Site Certificate). We served as local land use and EFSC counsel in this first Oregon EFSC wind energy facility. Assisted FPL Energy on all development issues related to the project, including site leasing, environmental permitting, tax status, and construction contracting.
  • Golden Hills Wind Farm, BP Alternative Energy (400 MW, Sherman County; 2009 Site Certificate). Assisted in preparation of the Application for Site Certification and advocacy through the EFSC process. Work included settling a pending contested case proceeding, focusing on visual impact and compliance with the state noise standard.
  • Cascade Crossing High Voltage Transmission Project, Portland General Electric (200-plus-mile, 500kV electrical transmission line proposed from Boardman, Oregon to Salem vicinity). Tim led Stoel Rives’ legal team to permit the Cascade Crossing transmission project proposed to connect new and existing power sources east of the Oregon Cascades to PGE’s metropolitan service area. Cascade Crossing was one of seven national priority transmission projects designated by President Obama. We advised PGE on all elements of site acquisition, permitting (including federal lands and environmental matters), and project construction. PGE suspended the permitting effort in 2013 due to changed market conditions.
  • Antelope Wind Power Project, EDP Renewables (formerly Horizon Wind Energy) (300 MW; NOI filed 2009). Tim initiated a successful mediation effort with Oregon’s Department of Fish & Wildlife to resolve disputed wildlife issues, putting the project on track to meet state siting standards. Application withdrawn in September 2013 due to market conditions.
  • Brush Canyon Wind Power Facility, E.ON Climate & Renewables North America (500 MW; Application for Site Certification filed May 2012). Application withdrawn in 2015 due to changed market conditions.
  • Baseline Wind Energy Facility, First Wind Energy, LLC (500 MW; Application for Site Certification filed December 2011; acquired by Avangrid Renewables and incorporated into operating Montague Wind Power Facility).
  • Ecoplexus Madras Solar Project (63 MW solar generation and (potentially) an integrated 63 MW battery storage system; Complete Application for Site Certification November 2020; Site Certificate issued July 2021).

Oregon Energy Facility Siting Council Pending

  • Capital Power Nolin Hills Wind Power Project (600 MW: hybrid project comprised of approximately 340 MW wind and 260 MW solar generation, plus battery storage; Application for Site Certification filed February 2020; final Site Certificate anticipated early 2023, following conclusion of contested case proceedings).
  • Hecate Energy Bonanza Energy Center (150 to 300 MW solar generation plus up to 1,100 MW battery storage system proposed on approximately 2,700 acres; approximately 7-mile 500 kV generation interline line; Notice of Intent to Apply for Site Certificate filed August 2020).
  • Pine Gate Renewable Energy’s Echo Solar Project (Notice of Intent filed May 2022; 1,250-megawatt solar photovoltaic power generation facility, including 7,500 megawatt hours of distributed battery storage capacity. If approved, the facility would be located on approximately 10,900 (17 sq. miles) acres in Morrow County, Oregon).

Oregon Local Jurisdictional Wind and Solar Energy Projects

  • Ponderosa Solar Project, EDF Renewable Energy (34.5 MW photovoltaic solar power generation facility, Crook County, Oregon).
  • Rattlesnake Road Wind Power Project, EDP Renewables (formerly Horizon Wind Energy) (104 MW, Gilliam County).
  • Wheatfield Wind Power Project, EDP Renewables (formerly Horizon Wind Energy) (104 MW, Gilliam County).
  • Elkhorn Wind Power Project, EDP Renewables (formerly Horizon Wind Energy) (104 MW, Union County).

Natural Gas Pipelines, Natural Gas Storage, and Commodity Marine Export Terminals

  • The Jordan Cove LNG Project and Pacific Connector Pipeline. Jordan Cove was one of the nation’s largest international energy projects. Tim led the Stoel Rives team in seeking state and federally delegated permits and authorizations for the FERC-jurisdictional Jordan Cove LNG Project, including the Coastal Zone Management Act consistency determination. The Jordan Cove LNG Project will feature a liquefied natural gas (LNG) export terminal in Coos County, Oregon, and a pipeline for the transportation of natural gas sourced from the United States and Canada. The Project’s critical elements included proximity to active Asian markets, access to a reliable deep-water port, connectivity to the gas trading hub near Malin, Oregon, and a 36-inch diameter natural gas pipeline designed to transport natural gas approximately 229 miles from interconnections with the Ruby Pipeline and the Gas Transmission Northwest (GTN) Pipeline near Malin, Oregon, to the LNG Terminal in Coos County, Oregon. While FERC authorized the facility, the project was terminated due to market and climate-related legal and policy considerations.
  • Pembina Pipeline Corp: Propane Export Terminal (Port of Portland, 2014–2015). Tim led the overall local, state, and federal permitting effort for Alberta-based Pembina Pipeline Corp’s proposal to construct and operate the Pembina Portland Propane Terminal, a marine terminal for the export of propane to Asian markets.
  • Mist Underground Natural Gas Storage Field, NW Natural (Columbia County, Oregon). Legal counsel to NW Natural concerning all EFSC permitting and compliance matters for ongoing operation and expansion of NW Natural’s gas storage and pipeline operations.
  • South Mist Pipeline Extension Project, NW Natural (62-mile, 24-inch natural gas pipeline, Washington, Clackamas and Marion Counties, Oregon; 2003 Site Certificate and subsequent amendments). Work included land use and environmental compliance, Oregon Energy Facility Siting Council permitting and litigation. This project was the first linear facility permitted under ORS 215.275. The project faced more than 60 opponents and involved an extensive and complex administrative adjudication proceeding. We prevailed on appeal before the Oregon Supreme Court. Friends of Parrett Mountain v. NW Natural Gas Co., 79 P.3d 869 (Or. 2003). The Supreme Court decision established important precedent for permitting Oregon linear energy facilities. Tim represented NW Natural in securing four amendments to the site certificate.
  • Palomar Natural Gas Transmission Pipeline (FERC). The Palomar Natural Gas Transmission Pipeline will provide additional energy infrastructure to serve Oregon, the Pacific Northwest, and other western states. The proposed interstate 36-inch diameter underground natural gas pipeline will be approximately 220 miles long. Tim’s work includes representation before state and federal agencies and work with the Confederated Tribes of Warm Springs and the bureau of Indian Affairs (BIA) to secure Tribal land ROW and associated environmental compliance. Work included federal land and tribal law issues.
  • Ruby Pipeline (FERC): As a member of the Stoel Rives Ruby Pipeline team, Tim assisted Ruby Pipeline LLC and its parent company (El Paso Corp) in Oregon state and local law compliance, including crafting and negotiating an MOU for the Oregon Department of Energy’s coordination of state agency response. The project involves over 650 miles of 42-inch natural gas transmission pipeline beginning at the Opal Hub in Wyoming and terminating at a Malin, Oregon interconnect, near California’s northern border. The pipeline is fully constructed and operating, crossing four states: Wyoming, Utah, Nevada, and Oregon.

Oregon Energy Facility Siting Council Thermal Power Generation

  • COB Energy Combined-Cycle Generation Facility and Accompanying Natural Gas Pipeline and Electrical Transmission Facilities, Peoples Energy Resources Corp. (1,160 MW, Klamath County; 2005 Site Certificate). Project lead and chief architect for land use compliance. Work included real estate transactions and land use and environmental permitting and compliance, including NEPA compliance, air quality permitting and litigation. The project was designed to provide combined-cycle turbine gas-fired generation at the California-Oregon border. It was the first major air-cooled natural gas plant designed to conserve water permitted in Oregon. We prevailed in a highly complex, litigated EFSC process spanning several years and successfully defended the permits on appeal before the Oregon Supreme Court. Save Our Rural Or. v. EFSC, 121 P.3d 1141 (Or. 2005). The Oregon Supreme Court decision established important precedent for energy facility siting in Oregon by reconciling the preemptive authority of the state over conflicting local regulations and planning requirements, confirming EFSC’s independent authority to confer exceptions to Oregon’s statewide planning goals. Due to market conditions, this facility was not constructed.

Washington Energy Facility Site Evaluation Council (EFSEC) Facilities – Site Certificates Granted

  • EDP Renewables (formerly Horizon Wind Energy) and Puget Sound Energy Wild Horse Wind Power Project (229 MW, Kittitas County; 2005 Site Certificate Agreement). Representation of EDP Renewables during the siting process for the first wind energy facility approved by EFSEC and Washington’s Governor. The project includes a comprehensive conservation strategy for surrounding state- and privately owned shrub steppe habitat. Puget Sound Energy owns and operates the project. In 2009, Tim successfully represented Puget Sound Energy in a 54 MW expansion of the project.
  • EDP Renewables (formerly Horizon Wind Energy) Kittitas Valley Wind Power Project (180 MW, Kittitas County; 2007 Site Certificate Agreement). Representation of EDP Renewables during a siting process that spanned over four years. Work included preparation of the application, agency meetings, real estate, and land use and environmental compliance. The site certificate was adopted after the completion of a Final Environmental Impact Statement (FEIS) under the State Environmental Policy Act, RCW chapter 43.21C. We defended the project during extensive agency and judicial litigation, including an appeal with the Washington Supreme Court. Intervenors challenged many elements of the Site Certificate Agreement, including the sufficiency of the analysis and mitigation measures concerning visual and aesthetic and other environmental impacts. In a unanimous decision, the Washington Supreme Court dismissed the appeal and upheld the Site Certificate Agreement on all issues, including affirming the FEIS in its entirety, along with all mitigation measures and conditions of approval. Residents Opposed to Kittitas Turbines v. State EFSEC, 197 P.3d 1153 (Wash. 2008). The Supreme Court decision confirmed EFSEC’s preemptive authority over local land use and zoning determinations. In 2009, Tim successfully represented EDP in contested proceedings to amend the site certificate.
  • Whistling Ridge Energy Project (75 MW, Skamania County; Site Certificate and Final Order granted March 2012). Successfully represented Whistling Ridge Energy LLC and its parent company SDS Lumber in achieving state and federal permitting for the Whistling Ridge wind energy facility. Work included preparation of the application, agency meetings, land use and environmental compliance, including NEPA, SEPA, Columbia National Scenic Gorge Act and ESA matters. The site certificate was approved after the completion of a NEPA and SEPA Final Environmental Impact Statement (FEIS) issued jointly by BPA and the State of Washington. We successfully defended the project during extensive agency and judicial litigation. On August 29, 2013, the Washington Supreme Court unanimously affirmed the Site Certificate, dismissing all of the opponents’ claims. Friends of the Columbia Gorge, Inc. v. State Energy Facility Site Evaluation Council, No. 88089-1 (Wash. August 29, 2013) (slip op.)
  • TUUSSO Energy Columbia Solar Project (50 MW solar generation permitted on five separate sites; October 17, 2017, Application for Site Certificate; October 17, 2018, Governor Inslee authorized issuance and executed the Site Certificate Agreements).
  • OneEnergy Goose Prairie Solar Project (80 MW solar PV with optional battery storage; January 19, 2021, Application for Site Certification; Governor Inslee authorized issuance of Site Certificate Agreement December 2021).

Washington Energy Facility Site Evaluation Council Pending

  • Scout Clean Energy’s Horse Heaven Energy Center (up to 1,150 MW “hybrid” wind, solar and battery facility located in unincorporated Benton County, Washington; February 2021 EFSEC Application for a Site Certification (ASC)). Anticipate final approval mid-2023
  • Avangrid Renewables (Aurora Solar, LLC) Badger Mountain Solar (200 MW solar photovoltaic (PV) generation facility with an optional 200-MW battery energy storage system (BESS) located in unincorporated Douglas County, Washington; October 2021 EFSEC Application for Site Certification). Anticipate final approval in 2023.

Washington Local Energy Facilities

  • Natural gas exploration (Eastern Washington Columbia Plateau and SW Washington, 2003–2013). Representation of various national exploration and production companies in legislative, regulatory, and permitting for Washington’s nascent natural gas exploration industry. Represented industry group in promoting amendments to Washington’s Oil and Gas Conservation Act.
  • Kalama Energy Combined cycle natural gas generation facility (346 MW; Southwest Washington). Application withdrawn due to market conditions.
  • First Wind Energy LLC’s Palouse Wind Energy Project (105 MW, Whitman County; final county conditional use permit 2011). With his colleagues, Tim assisted First Wind in achieving amendments to the local zoning code to enable wind generation facilities in Whitman County, and subsequently permitting the project under the revised local standards. Work included environmental compliance, including noise standard compliance, Bald & Golden Eagle Act, SEPA and ESA issues, and successfully defending the project during local administrative and judicial appeals. Project operating in 2013.
  • Clearway Energy’s Rattlesnake Flat Wind Farm (160 MW, 57 turbine facility). Operational 2020, following amendments to the local zoning code to enable wind generation facilities in Adams County, Washington.
  • Grayland Wind Energy Project (Grays Harbor County, 2008). Assisted the nonprofit Coastal Community Action Program in permitting and environmental compliance for the four-turbine Grayland Wind Project. The facility generates power directly onto the Grays Harbor PUD grid and the revenues go to the Community Action Program, where Meals on Wheels, Energy Assistance and other projects receive sustained funding from the project’s wind energy.
  • EDP Renewables (formerly Horizon Wind Energy) Saddle Mountain Wind Energy Project (appx. 60 MW; Adams County; final county conditional use permit, 2010). Assisted EDP Renewables in achieving amendments to the local zoning code to enable wind generation facilities in Adams County, and subsequently permitting the project under the revised local standards.
  • FPL Energy Stateline Wind Energy Facility (Walla Walla County). Lead permitting counsel for the Washington portion of the Stateline Wind Energy Facility, one of the nation’s largest wind energy facilities, approved in 2001 and 2002. The project included a 50-square-mile site with 300 wind turbines, involving complex SEPA review and multiple agency consultations, including WDFW and Corp of Engineers.
  • Avangrid Renewable Energy (formerly known as PPM Energy) Big Horn Wind Power Project (250 MW; Klickitat County). Representation of then-PPM Energy in all elements of the process in applying for and procuring all local, state, and federal permits and approvals for the Big Horn Wind Power project. Tim successfully defended the project against several appeals and opposition.
  • RES North America Hopkins Ridge Wind Energy Project (350 MW, Columbia County). Representation of RES in the original permitting and later expansion of this facility. The work included local land use and state and federal environmental compliance and wildlife issues. Tim successfully represented RES in a Superior Court appeal of an expansion to the facility.

Washington Municipal Facilities

  • Port of Kalama Municipal Water System. Representation of the Port of Kalama in successfully acquiring municipal water rights (3,500 gallons per minute) for the Port’s Columbia River industrial park. In October 2002, the DOE approved municipal groundwater withdrawals with hydraulic connection to the Columbia River.
  • Hazel Dell Sewer District Salmon Creek Phase IV Expansion. Worked with a consulting team to permit a significant expansion to the Salmon Creek Wastewater Treatment Plant, including new pipelines, outfall, and pump stations. The Hazel Dell Sewer District serves Clark County’s fastest growing region. This project involved local, state, and federal land use and environmental permits and successful implementation of SEPA EIS and NEPA compliance strategies, as well as Clean Water Act and Endangered Species Act compliance.
  • City of Port Townsend Municipal Infrastructure Work. As City Attorney (1994–1999), Tim represented Port Townsend in the following major infrastructure projects: finalization of compliance and contract work for the new wastewater treatment plant, permitting and development of the City’s Biosolids Facility, commercial and recreational docks and wharves, and expansions to the City’s groundwater and surface water systems. Tim aided the City in master planning projects, including Wastewater and Stormwater Master Plans, Coordinated Water System Plan, and Water System Master Plan. Tim represented the City in consultation with DOE, DOH and DNR, and initiated ESA compliance work with NMFS and the Washington Department of Fish and Wildlife. Tim assisted in drafting Port Townsend’s master commercial, residential, and industrial development programs and regulations..

Reported Appellate Court Decisions

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Honors & Activities

Professional Honors and Activities

  • Included in The Best Lawyers in America® (Energy Law, Land Use and Zoning Law), 2022–2024
  • Member, Tau Sigma Delta Honors Society in Architecture and Allied Arts
  • Member, Land Use and Environmental Law Section, Washington State Bar Association
  • Member, Real Estate and Land Use Section, Oregon State Bar
  • Member, American Wind Energy Association (AWEA) Siting Committee
  • Former Member, University of Washington Department of Urban Design & Planning Professionals Council
  • Adjunct Member, Governor Kitzhaber’s 10-Year Energy Action Plan Siting Design Team, 2012
  • Member, Wind Industry Task Force for the development of the Washington Department of Fish & Wildlife Wind Power Siting Guidelines, 2003, 2008–2009
  • Member, Wind Industry Task Force for the development of the Oregon Columbia Plateau Ecoregion Wind Energy Siting and Permitting Guidelines, 2007–2008

Civic Activities

  • Board Member, Forth Mobility, 2021–present
  • Member, Oregon Energy Fund Advisory Council 
  • Advisory Council and Investor Network member, Washington Center for Sustainable Infrastructure
  • Member and Stoel Rives representative, Renewables Northwest
  • Chancellor (General Counsel), Trinity Episcopal Cathedral, Portland, Oregon, 2015–present
  • Co-Chair, Stoel Rives Climate Change Practice Initiative
  • Board Chair, LifeWorks NW Board of Directors (term 2016–2018); Member 2011–2019; Chair, Strategic Planning
  • Executive Committee, Oregon State Bar Association’s Energy, Telecommunication and Utilities Committee, 2014–present
  • Stoel Rives’ annual Portland charitable giving campaign, 2005–present
  • Former Member, Board of Directors, Columbia-Willamette United Way, and Chair of United Way’s Allocation Committee and Community Impact Cabinet, 2000–2008
  • Former Board Member, Columbia River Economic Development Council; Vice Chair, 2007, Chair, 2008
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Insights & Presentations

Insights & Presentations

  • Co-author, “Drafting Real Estate Documents With Project Permitting in Mind,” Daily Journal of Commerce, April 19, 2023
  • Co-author, “Permitting and Land Use,” Chapter 6, The Law of Solar Energy: A Guide to Business and Legal Issues, Stoel Rives LLP, Sixth Edition, 2022
  • Co-author, “Tribal Laws and Land Issues,” Chapter 10, The Law of Solar Energy: A Guide to Business and Legal Issues, Stoel Rives LLP, Sixth Edition, 2022
  • Co-author, “Siting and Permitting Wind Projects,” Chapter 3, The Law of Wind: A Guide to Business and Legal Issues, Stoel Rives LLP, Ninth Edition, 2022
  • Co-author, “Federal Land Issues with Siting and Permitting,” Chapter 5, The Law of Wind: A Guide to Business and Legal Issues, Stoel Rives LLP, Ninth Edition, 2022
  • Co-author, “Tribal Laws and Land Issues,” Chapter 6, The Law of Wind: A Guide to Business and Legal Issues, Stoel Rives LLP, Ninth Edition, 2022
  • Moderator, “Lightning Talks: Industry Development,” Forth Roadmap Conference webcast, June 16, 2021
  • Moderator, “Utility System Resiliency: Meeting customer demand and armoring infrastructure for a changing time,” Business & The Environment CONFERENCE · EXPO, NEBC Virtual Event, December 9, 2020
  • Co-author, “INSIGHT: State Courts Are a Proper Climate Change Battleground,” Bloomberg Law Environment & Energy Report, June 12, 2020
  • With Cap-And-Trade, West Coast States Are Building Out A Green New Deal,” North American Windpower, March 7, 2019
  • The ‘Green New Deal’ Out West,” POWER magazine, February 12, 2019
  • Presenter, “Self Driving Cars 101: Tech, Regulation & More,” VERGE 18, Oakland, CA, October 16, 2018
  • Co-author, “Western States Proceed with Climate Legislation Regardless of Trump’s “ACE” Rule,” Renewable Energy World, September 4, 2018
  • Summit Chair, 9th Annual Transmission Summit West, Infocast, San Diego, CA, October 2017
  • Co-author, “How executive orders and judicial review are shaping environmental policy,” Westlaw Journal · Environmental, July 19, 2017
  • “Trump’s Response (Or Lack Thereof) to Climate Change,” Environmental Law in the Trump Administration, The Seminar Group, March 2017
  • Chair and Moderator, Infocast Transmission Summit West 2016, San Diego, CA, October 2016
  • Co-presenter, “Energy on the Columbia River,” The Mighty Columbia, The Seminar Group, Seattle, WA, October 2016
  • Moderator, “Update on Regional Energy Market Expansion Activities—CAISO Energy Imbalance Market,” Oregon State Bar, Energy, Telecommunication & Utility Law Section CLE, Portland, OR, June 2016
  • Speaker, “You Say EFSEC, I Say EFSC, Shall we Call the Whole Thing Off?” Washington State Bar Association, Environmental and Land Use Law Mid-Year Conference, Cle Elum, WA, May 2016
  • Moderator, “Energy Imbalance Markets and Expanded CAISO Footprint,” Oregon State Bar, Energy, Telecommunication & Utility Law Section, Portland, OR, February 2016
  • Presenter, “Water and Water-Dependent Development at Oregon’s Ports,” Oregon Water Law Conference, Portland, OR, November 2015
  • Presenter, “Liquid Fuel Terminals: Permitting Transportation of Oil and Other Controversial Materials,” Permitting Strategies for Large Controversial Projects in Washington State and the Northwest, The Seminar Group, Seattle, WA, October 2015
  • Chair and Moderator, Infocast Transmission Summit West 2015, San Diego, CA, September 2015
  • Speaker, “More About SEPA…and Energy…and SEPA…,” Washington Public Ports Association Fall Environmental Meeting, Ocean Shores, WA, September 2015

Related News & Publications

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