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Capital Circle Office Center ● 2540 Shumard Oak Boulevard
Tallahassee, Florida 32399-0850
-M-E-M-O-R-A-N-D-U-M-
Office of Commission Clerk (Teitzman)
Office of the General Counsel (Schrader, Crawford, A. King)
Division of Economics (Merryday)
Division of Engineering (Ballinger, Graves)
Docket No. 20180125-EU – Complaint against Gulf Power Company for expedited enforcement of territorial order, by Gulf Coast Electric Cooperative, Inc.
03/05/19 – Regular Agenda – Participation is at the Commission's discretion.
COMMISSIONERS ASSIGNED:
All Commissioners
PREHEARING OFFICER:
CRITICAL DATES:
On May 23, 2018, Gulf Coast Electric Cooperative (GCEC) filed a complaint against Gulf Power Company (Gulf Power) seeking expedited enforcement of their Territorial Agreement.[1] GCEC claims that Gulf Power violated the Territorial Agreement by failing to properly notify GCEC of a customer's request for service as required by the agreement. Gulf Power countered that it did notify GCEC pursuant to the Territorial Agreement, and, consequently, GCEC "is foreclosed from objecting to Gulf Power honoring its customer's request for service, and there is no requirement or need to compare costs or take any additional actions under the remaining terms of the Territorial Agreement."
Shortly after filing its answer to the complaint, Gulf Power filed a Motion for Summary Final Order arguing that the matter could be decided on the pleadings alone. Gulf Power contends that, at its core, the territorial dispute presented the Commission with a simple issue of contractual interpretation, and because the terms of the Territorial Agreement were plain and unambiguous, construing the agreement was a pure question of law that could be decided on a motion for summary final order. Specifically, Gulf Power claimed the parties agreed that GCEC received notice from Gulf Power on October 20, 2017, and the only remaining issue is whether Gulf Power's notice was sufficient under the terms of the Territorial Agreement.
GCEC responded in opposition to this Motion for Summary Final Order on June 13, 2018, arguing that a summary final order was premature and should be denied because numerous genuine issues of fact remained and there was pending discovery regarding whether "GCEC waived the right to contest Gulf Power providing service." GCEC argued that the parties disputed whether Gulf Power could notify GCEC by email; whether Gulf Power could notify GCEC through Peyton Gleaton, GCEC's Vice President for Engineering; and whether the email contained "all relevant information about the request" as required by the Territorial Agreement. Lastly, GCEC argued that it did not knowingly and intentionally waive its right to serve the customer because Gulf Power's email did not contain enough information to alert GCEC that it had a right to serve the customer. Put simply, GCEC could not waive a right it did not know it had. According to GCEC, these disputes raised issues of material fact that precluded entry of a summary final order.
On July 23, 2018, the Prehearing Officer issued an Order Setting Procedure, which stated that "the threshold question for this dispute is whether the October 20, 2017, email was sufficient notice under the terms of the Territorial Agreement."[2] The Procedural Order allowed for limited discovery and the filing of briefs regarding this issue and whether the Commission should grant Gulf Power's Motion for Summary Final Order.
Both parties filed briefs on September 11, 2018, in which they restated many of the arguments they raised in their previous filings. GCEC also included in its brief its own Motion for Summary Final Order and a separate request for oral argument. In its Motion for Summary Final Order, GCEC argued that it is entitled to a summary final order on the issue of waiver. Specifically, GCEC argued that although waiver is not typically decided on summary final order, the undisputed facts show that Gulf Power's notice was insufficient; thus, GCEC did not know enough about the customer request to knowingly and intentionally waive its right to serve that customer.
On September 18, 2018, Gulf Power responded in opposition to GCEC's Motion for Summary Final Order. Gulf Power argued that GCEC's position in its Motion for Summary Final Order was inconsistent with its previous position that waiver was a factual issue that could not be decided in a summary final order. Gulf Power also argued that waiver is not an issue in this case. Lastly, Gulf Power restated its argument that the notice was sufficient.
On November 29, 2018, staff filed a recommendation on the parties' motions for summary final order. Staff recommended that the Commission grant Gulf Power's motion, deny GCEC's motion, and close the docket.
On December 10, 2018, the day before the issue was to be heard at the Agenda Conference, GCEC filed a Notice of Supplemental Authority citing a recent decision from the First District Court of Appeal, Holmes v. Florida A&M University, 260 So. 3d 400 (Fla. 1st DCA 2018).
At the December 11, 2018 Agenda Conference, the Commission heard oral argument from Gulf Power and GCEC on staff's recommendation. When asked about the applicability of Holmes at the Agenda Conference, staff stated that it was inapplicable to this case because Holmes dealt with the interpretation of a contract; the Commission, however, was dealing with the interpretation of one of its own orders. The Commission granted Gulf Power's Motion for Summary Final Order and denied GCEC's Motion for Summary Final Order as moot. The Commission has yet to issue a Final Order.
Upon further review, staff believes it incorrectly advised the Commission on Gulf Power's Motion for Summary Final Order. This recommendation addresses whether the Commission should vacate its December 11, 2018, votes to grant Gulf Power's Motion for Summary Final Order, deny GCEC's Motion for Summary Final Order, and close the docket. The Commission previously voted to allow oral argument, and staff is not recommending that the Commission vacate that vote. Participation is still at the Commission's discretion.
The Commission has jurisdiction pursuant to Section 366.04, Florida Statutes (F.S.).
Discussion of Issues
Issue 1:
Should the Commission vacate three previous votes in this docket by which it granted Gulf Power's Motion for Summary Final Order, denied GCEC's Motion for Summary Final Order, and closed the docket?
Yes. The Commission should vacate its previous votes. (A. King)
Staff Analysis:
Staff is recommending that the Commission vacate its votes made at the December 11, 2018 Agenda Conference that granted Gulf Power's Motion for Summary Final Order, denied GCEC's Motion for Summary Final Order, and closed the docket. Below is staff's explanation as to why the votes should be vacated.
Staff's Recommendation Caused the Commission to Make a Mistake of Law
General Description of the Motion Originally Before the Commission
Gulf Power filed its Motion for Summary Final Order just days after answering GCEC's complaint, which alleged that Gulf Power had violated the parties' Territorial Agreement. Gulf Power claimed the dispute boiled down to "a single issue involving a simple matter of contract interpretation" that could be decided on the pleadings alone. It argued that the terms of the Territorial Agreement were plain and unambiguous, Gulf Power's email to GCEC was sufficient notice under those plain terms, and GCEC was foreclosed from challenging Gulf Power's decision to fulfill the customer's request for service because GCEC failed to timely respond to Gulf Power's notice as required by the Territorial Agreement.
GCEC responded to Gulf Power's motion, arguing, among other things, that a summary final order was inappropriate because there were several genuine issues of material fact. Chief among those issues was whether Gulf Power's notice included "all relevant information about the request" as required by the terms of the Territorial Agreement.
Staff Incorrectly Applied the Standard for Summary Final Order
In its November 29, 2018, recommendation, staff correctly recited the standard for granting a motion for summary final order contained in Section 120.57(1)(h), F.S. That standard mirrors the standard used in civil cases for motions for summary judgment. Essentially, the Commission can grant a motion for summary final order only if there are no genuine issues of material fact and the moving party is entitled to the entry of a final order as a matter of law. Staff noted that the Commission has previously observed that the standard for granting a summary final order is very high. The motion cannot be granted unless the moving party has conclusively demonstrated that there is no material issue of fact, and in granting the order, the Commission must draw every possible inference in favor of the nonmoving party. Staff still believes this is the correct standard applicable to the parties' motions for summary final order.
Staff also relied upon Jaar v. University of Miami, 474 So. 2d 239, 242 (Fla. 3d DCA 1985), for the proposition that the "interpretation of a written document, such as the Territorial Agreement here, presents a question of law." However, this proposition was an incomplete statement of the rule in that case. As the court correctly and completely stated in Jaar, "the construction of a written document, such as the contract before us, presents a question of law if its language is clear and unambiguous." Id. (emphasis added) (citations omitted). Staff's incomplete analysis and misapprehension of the law in Jaar was a foundational flaw in staff's previous recommendation, the result of which will be discussed in more depth in Issue 2.
Applicability of Contract Law
The day before the Agenda Conference, GCEC filed a notice of supplemental authority that cited Holmes v. Florida A&M University, 260 So. 3d 400 (Fla. 1st DCA 2018). Holmes dealt with a contractual dispute between the University and two members of its coaching staff.[3] Id. at 402. At the Agenda Conference, staff was asked about the effect of Holmes on the case. Staff advised the Commission that the case was inapplicable because contract law did not apply to this case. Further research by staff after the Agenda Conference has led staff to conclude that it incorrectly analyzed the applicability of contract law to the matter at hand.
Staff originally believed contract principles did not apply based on Public Service Commission v. Fuller, 551 So. 2d 1210, 1212 (Fla. 1989). In Fuller, the Florida Supreme Court held that a territorial "agreement has no existence apart from the PSC order approving it." Id. In other words, the territorial agreement merges with and becomes part of the order approving it. Id. A Court of Appeals of Indiana made a similar finding: "a settlement agreement that must be filed with and approved by a regulatory agency 'loses its status as a strictly private contract and takes on a public interest gloss.'" Ind. Bell Tel. Co. v. Office of Util. Consumer Counselor, 725 N.E.2d 432,435 (Ind. Ct. App. 2000) (quoting Citizens Action Coal. of Ind., Inc. v. PSI Energy, Inc., 664 N.E.2d 401, 406 (Ind. Ct. App. 1996)). "[S]uch an agreement is 'more closely akin to an order of the Commission . . . .'" Id. (quoting Cajun Elec. Power Coop., Inc. v. F.E.R.C., 924 F.2d 1132, 1135 (D.C. Cir. 1991)). Staff originally believed that because the Territorial Agreement was subsumed into the Commission order that approved it, it was no longer a contract and contract law was therefore not applicable.
Upon further review and research, it appears that staff incorrectly concluded that contract law did not apply after the Territorial Agreement became part of the order that approved it. When a territorial agreement is approved by the Commission, it takes on two natures. It has characteristics of both a contract and a Commission order. Because a territorial agreement takes on both of these natures, it is subject to both contract law and the law surrounding Commission orders. City of Homestead v. Beard, 600 So. 2d 450, 453 (Fla. 1992); see City of Homestead v. Johnson, 760 So. 2d 80, 84 (Fla. 2000). The Beard Court specifically held that though the law of contracts applies to the interpretation of territorial agreements, the law surrounding Commission orders applies to the modification or termination of those agreements. Beard, 600 So. 2d at 453.
In Johnson, 760 So. 2d at 84, the Court acknowledged and impliedly approved of the Commission's use of "well-settled principles of contractual construction" to resolve an ambiguity in a territorial agreement between the city of Homestead and Florida Power & Light Company. Thus, even though territorial agreements become part of the order that approved them, the Commission still applies contract law if it is asked to interpret those agreements.
The Commission Should Vacate its Previous Votes and Reconsider the Parties' Motions
The Commission is permitted to reconsider an action that was based upon a mistake of law.[4] Staff believes that under its guidance, the Commission's previous votes in this docket were based on a mistake of law. Therefore, staff recommends that the Commission vacate[5] its votes to grant Gulf Power's Motion for Summary Final Order, deny GCEC's Motion for Summary Final Order, and close the docket so that it might reconsider those motions under the proper legal standard.
The Doctrine of Administrative Finality is not yet Applicable
The doctrine of administrative finality attaches to agency orders that by the passing of time have become final and are no longer within the Commission's control.[6] See Peoples Gas Sys., Inc. v. Mason, 187 So. 2d 335, 337–39 (Fla. 1966). Because the Commission has yet to issue a final order memorializing its previous votes, the issue is still within the Commission's control and the doctrine of administrative finality is not yet applicable.
Because the Commission's previous votes in this docket are based on a mistake of law, staff recommends that the Commission vacate these votes in order to reassess them under the correct legal standard.
Should the Commission deny Gulf Power's Motion for Summary Final Order?
Yes. The Commission should deny Gulf Power's Motion for Summary Final Order. (A. King)
Staff is recommending that the Commission deny Gulf Power's Motion for Summary Final Order because the parties' dispute about the meaning of the Territorial Agreement raises an issue of material fact.
The Procedural Order specified three issues for consideration on whether to grant Gulf Power's Motion for Summary Final Order:
(1) Whether Section 2.3 of the Territorial Agreement is the proper procedure, pursuant to the Territorial Order, to determine which utility should provide electric service to the lift facility.
(2) If Section 2.3 is the proper procedure, whether the October 20, 2017, email notice provided by Gulf Power to GCEC under Section 2.3 of the Territorial Agreement concerning electric service to the lift facility was sufficient for Gulf Power to provide service.
(3) Should Gulf Power's Motion for Summary Final Order be granted?
Standard for Summary Final Order Where Contracts are Involved
A summary final order may be granted only where there are no genuine issues of material fact and the moving party is entitled to the entry of a final order as a matter of law.[7] Section 120.57(1)(h), F.S.; see Thomas v. Eckerd Drugs, 987 So. 2d 1262, 1263 (Fla. 1st DCA 2008) (applying the same standard that is used for summary judgment in civil cases to motions for summary final order). "A material fact is a fact that is essential to the resolution of the legal questions raised in the case." State of Fla. Dep't of Envtl. Reg. v. C.P. Developers, Inc., 512 So. 2d 258, 261 (Fla. 1st DCA 1987). The Commission has previously recognized that "the standard for granting a summary final order is very high."[8] "[E]ven if the facts are not in dispute, 'issues as to the interpretation of such facts may be such as to preclude the award of summary judgment.'"[9]
When a dispute is based on a contractual agreement, what the parties intended the agreement to mean becomes a material fact. E.g., Holmes, 260 So. 3d at 407; Fecteau v. Se. Bank, NA, 585 So. 2d 1005, 1009 (Fla. 4th DCA 1991). The best evidence of their intentions is the plain meaning of the contractual terms. Fecteau, 585 So. 2d at 1007. As long as the terms of the contract are unambiguous, the court's interpretation of those terms is a pure question of law.[10] Jaar v. Univ. of Miami, 474 So. 2d 239, 242 (Fla. 3d DCA 1985). "However, '[w]here the terms of the written instrument are disputed and reasonably susceptible to more than one construction, an issue of fact is presented as to the parties' intent [that] cannot properly be resolved by summary judgment.'" Strama v. Union Fid. Life Ins. Co., 793 So. 2d 1129, 1132 (Fla. 1st DCA 2001) (quoting Universal Underwriters Ins. Co. v. Steve Hull Chevrolet, Inc., 513 So. 2d 218, 219 (Fla. 1st DCA 1987)), cited in Holmes, 260 So. 3d at 404.
A contract term is ambiguous when it "may be fairly understood in more ways than one." Friedman v. Va. Metal Prods. Corp., 56 So. 2d 515, 517 (Fla. 1952). When determining whether contractual language is ambiguous, the language at issue should be read in the context of the document as a whole. Discover Prop. & Cas. Ins. Co. v. Beach Cars of W. Palm, Inc., 929 So. 2d 729, 732 (Fla. 4th DCA 2006). The plain meaning of a term may also be ascertained by referencing a dictionary. Debaun v. State, 213 So. 3d 747, 751 (Fla. 2017).
The Parties' Arguments
Gulf Power's Motion for Summary Final Order
Gulf Power argues that the terms of the Territorial Agreement are plain and unambiguous, and there are no issues of material fact. It asserts that Gulf Power's email to GCEC satisfied its duty to "notify" GCEC of the customer's request and provide "all relevant information about the request." It further argues that GCEC failed to timely respond to Gulf Power's request, so Gulf Power could fulfill the customer's request. Thus, based on the plain meaning of the Territorial Agreement and the undisputed facts, Gulf Power concludes that it is entitled to a judgment as a matter of law.
GCEC's Response
GCEC responded to Gulf Power's motion by arguing that a summary final order was inappropriate for several reasons. It claims there were several issues of material fact, and discovery had not yet been completed. GCEC's main argument was that the email notice did not contain all the information required by the Territorial Agreement. GCEC also disputed whether the terms of the Territorial Agreement permitted Gulf Power to notify GCEC by emailing Peyton Gleaton. GCEC also argued that it did not waive its right to serve the Lift Facility, and waiver "involves factual issues that are not appropriate for decision by summary final order."
Interpreting the Territorial Agreement
Summary of the Territorial Agreement
To properly determine whether the term "all relevant information" is ambiguous, the Commission should first consider the context of the entire document. The Territorial Agreement was designed to prevent the "uneconomic duplication of [one utility's] facilities" by the other. According to the Territorial Agreement, uneconomic duplication of the other utility's facilities is primarily dependent upon whether there is a significant difference in the cost of service for each of the utilities. In turn, "The likelihood of there being a significant difference in the Cost of Service is primarily a function of the size of the Load and the difference in distances between the Point of Delivery and the Existing Facilities of each Utility." In sum, there are two driving factors that will determine which utility can serve: (1) the difference in the distances between each utility's existing facilities and the customer and (2) the requested load size.
Section 2.1 of the Territorial Agreement provides that, "upon receiving a bona-fide request for service from a Customer, a Utility may agree to provide the requested service if the conditions of either Section 2.2 or Section 2.3 below are met. Otherwise, the Utility should direct the Customer to request service from the other utility." Section 2.2 lays out different load size and distance thresholds within which the requested utility can provide service without consulting or notifying the other utility. Section 2.3 states:
In any instance where the Load and distance criteria of Section 2.2 are not met but the requested Utility believes that its Cost of Service would not be significantly more than that of the other Utility, the following procedure shall be used to determine if the requested Utility may agree to provide service:
(a) The requested Utility is to notify the other Utility of the Customer's request, providing all relevant information about the request.
(b) If the other Utility believes that its facilities would be uneconomically duplicated if the request is honored, it has five (5) working days from receipt of notice to request a meeting or other method to be conducted within ten (10) working days for the purpose of comparing each Utility's Cost of Service. Absent such a request or upon notification from the other Utility of no objection to the requested Utility's providing the service, the requested Utility may agree to provide service.
(Emphasis added). Section 2.4 provides that the "requested Utility bears the primary responsibility in determining whether or not the provisions of Sections 2.2 or Section 2.3 above have been met or if it otherwise believes that service can be provided to a Customer without uneconomic duplication of the other utility's facilities."
Interpreting "All Relevant Information"
The parties agree that Gulf Power had to comply with Section 2.3 in order to serve the Lift Facility. They also agree that Joshua Rogers at Gulf Power sent Peyton Gleaton at GCEC an email notifying him that Gulf Power had received a request for service. They also agree to the substance of the email. However, they dispute, among other things, whether Gulf Power's email to GCEC contained "all relevant information" about the request for service. The parties' arguments are based on different interpretations of that term, and as previously discussed, if the Commission determines that "all relevant information" is ambiguous, an issue of material fact exists, and a summary final order is inappropriate.
On its face, the phrase "all relevant information" is vague, because the reader has no indication of what information is relevant. However, the phrase must be considered in context of the Territorial Agreement. First, the phrase "about the request" immediately follows "all relevant information." Since the Territorial Agreement is about customer requests for electrical service, the information will be relevant to a customer request for electrical service. The Territorial Agreement also contains other language that can help determine what information is relevant to the customer's request. But even with the help of those other provisions, the term is susceptible to at least three different meanings and is therefore ambiguous.
GCEC argues that "all relevant information" includes three pieces of information: (1) the precise location for the point of delivery, (2) the load size requested, and (3) the precise location of the requested utility's existing facilities. GCEC claims this information is vitally important for determining whether its facilities would be uneconomically duplicated if the requested utility were to fulfill the customer's request.
On the other hand, Gulf Power argues that "all relevant information" only includes that information necessary to alert GCEC to the existence of a request that triggers the provisions of Section 2.3 of the Territorial Agreement. Gulf Power argues that it gave GCEC enough information to know it had a duty under Section 2.3 to request a meeting within five days if it objected to Gulf Power fulfilling the request.
Additionally, one might also argue that "all relevant information" simply means any and all information the requested utility has that pertains to the request for service.
All of these interpretations are reasonable, and there may be other reasonable interpretations as well. Because this term may be fairly understood in more than one way, it is ambiguous.
The ambiguity in the terms of the Territorial Agreement raises an issue of fact, and that fact is material because Gulf Power relies on its own interpretation of "all relevant information" in its argument that it is entitled to a final order as a matter of law. Because both parties dispute the meaning of "all relevant information," they have raised a genuine issue of material fact, and Gulf Power's Motion for Summary Final Order cannot be granted. Staff recommends the Commission vote to deny Gulf Power's Motion for Summary Final Order.
Should GCEC's Motion for Summary Final Order be denied?
Yes. The Commission should deny GCEC's Motion for Summary Final Order. (A. King)
Staff is recommending that the Commission deny GCEC's Motion for Summary Final Order because the parties' dispute about the meaning of the Territorial Agreement raises an issue of material fact.
GCEC's Motion and Gulf Power's Response
GCEC filed its own Motion for Summary Final Order in its September 11, 2018, brief on Gulf Power's Motion for Summary Final Order. In this motion, GCEC argued that the undisputed facts demonstrate that it did not waive its right to serve the Lift Facility under the Territorial Agreement and GCEC is therefore entitled to a summary final order on that threshold issue. GCEC admitted that issues of waiver are typically not resolved on a motion for summary final order, but it claimed the undisputed facts in this case demonstrate that Gulf Power's notice was insufficient under the terms of the Territorial Agreement. It asserts that because Gulf Power's notice was insufficient, GCEC never knew it had the right to serve the Lift Facility. Because GCEC did not know it had the right to serve the Lift Facility, it could not have knowingly and intentionally waived that right.
Gulf Power responded to this Motion by pointing out that "[o]n one hand, GCEC claims in its Brief in Opposition that the 'waiver' issue is not susceptible to summary adjudication. On the other hand, GCEC's Motion asserts that the 'waiver' issue is susceptible to summary adjudication." Gulf Power also argues that waiver is not at issue in this case as it "has not raised a defense of 'waiver' in this proceeding." It also argues that waiver is an affirmative defense that must be pleaded and established by a defendant. Finally, Gulf Power re-states its arguments that the "plain language" of the Territorial Agreement must control, that the "Territorial Agreement does not specify that any of the elements identified by GCEC are essential for inclusion in notices issued under the Agreement," and that GCEC was sufficiently placed on notice of Gulf Power's intent to invoke the notice provisions of Section 2.3 of the Territorial Agreement.
Legal Standard for Waiver
"'Waiver' is the 'intentional relinquishment or abandonment of a known right or privilege, or conduct that warrants an inference of the intentional relinquishment of a known right.' . . . Waiver does not arise merely from forbearance for a reasonable time." Hale v. Dep't of Rev., 973 So. 2d 518, 522 (Fla. 1st DCA 2007) (citations omitted). Waiver is an affirmative defense raised by a defendant at the pleading stage of proceedings. Derouin v. Universal Am. Mortg. Co., LLC, 254 So. 3d 595, 600 (Fla. 2d DCA 2018). "An 'affirmative defense' is any defense that assumes the complaint or charges to be correct but raises other facts that, if true, would establish a valid excuse or justification or a right to engage in the conduct in question." State v. Cohen, 568 So. 2d 49, 51 (Fla. 1990) (emphasis added). Issues of waiver typically involve issues of fact that are inappropriate for summary final order. Scheibe v. Bank of Am., N.A., 822 So. 2d 575, 575 (Fla. 5th DCA 2002).
GCEC's Motion is Dependent on a Disputed Material Fact
GCEC's entitlement to a summary final order rests on the finding that Gulf Power's notice was insufficient under the terms of the Territorial Agreement. That finding is dependent on the interpretation of the term "all relevant information," which, as previously discussed, is ambiguous and raises an issue of material fact. Because GCEC's entitlement to a summary final order is dependent on the resolution of an issue of material fact, it should be denied.
GCEC's Motion for Summary Final Order should be denied because it is dependent on at least one material fact that is in dispute. The existence of an issue of material fact precludes the issuance of a summary final order. Thus, staff recommends the Commission deny GCEC's Motion for Summary Final Order.
Should this docket be closed?
No. The docket should remain open. (A. King)
Should the Commission vote to deny both parties' Motions for Summary Final Order, the docket should remain open so this matter may proceed to hearing.
[1] Order Nos. PSC-01-0891-PAA-EU and PSC-01-0891A-PAA-EU, issued April 9, 2001, and March 26, 2002, in Docket No. 930885-EU, In re: Petition to resolve territorial dispute with Gulf Coast Electric Cooperative, Inc. by Gulf Power Co.
[2] Order No. PSC-2018-0357-PCO-EU, issued July 23, 2018, in Docket No. 20180125-EU, In re: Complaint against Gulf Power Co. for expedited enforcement of territorial order, by Gulf Coast Electric Cooperative, Inc.
[3] GCEC did not cite a particular proposition the case stood for relative to any issue in the current matter.
[4] Order No. PSC-12-0400-FOF-EI, issued on August 3, 2012, in Docket No. 110138-EI, In re: Petition for Increase in Rates by Gulf Power Co.
[5] E.g., Order No. PSC-07-0570-FOF-TP, issued on July 9, 2007, in Docket No. 070118-TP, In re: Phone 1 Smart LLC; Order No. 17640, issued on June 2, 1987, in Docket No. 860413-WU, In re: Application of Wildwood Water Co., Inc. for a Certificate Authorizing Water Service to Customers in St. Johns County under Grandfather Rights.
[6] See Order No. PSC-98-1621-FOF-EQ, issued on December 4, 1998, in Docket No. 980509-EQ, In re: Florida Power Corp. (stating that administrative finality did not attach to a PAA for which a final order was never issued).
[7] Order No. PSC-12-0652-PCO-EI, issued on December 12, 2012, in Docket No. 120015-EI, In re: Petition for Increase in Rates by Florida Power & Light Co.
[8] Order No. PSC-11-0244-FOF-GU, issued on June 2, 2011, in Docket No. 090539-GU, In re: Petition for approval of Special Gas Transportation Service agreement with Florida City Gas by Miami-Dade County through Miami-Dade Water and Sewer Department.
[9] Id. (quoting Franklin Cty. v. Leisure Props., Ltd., 430 So. 2d 475, 479 (Fla. 1st DCA 1983)).
[10] "The initial determination of whether the contract term is ambiguous is a question of law for the court." Strama v. Union Fid. Life Ins. Co., 793 So. 2d 1129, 1132 (Fla. 1st DCA 2001).


Judges Robert Carter and Joseph Hettel unveil a portrait of Abraham Lincoln at the La Salle County courthouse on Monday. The portrait is being installed in county courthouses throughout Illinois in honor of the state's bicentennial.
The La Salle County Courthouse will display Abraham Lincoln looking his best.
The downtown Ottawa courthouse was gifted Monday a portrait of a clean-shaven Lincoln on canvas taken during his presidential campaign.
One month after Lincoln's nomination — which came May 3, 1860 — Alexander Hesler, a Chicago photographer, produced the iconic photo of a dapper, confident Lincoln taken in the old state capitol in Springfield. Thousands were printed as campaign material for buttons, posters and newspapers.
"This would be the first presidential campaign that used photographs," said Presiding Appellate Justice Robert Carter during Monday's ceremony.
Carter said the portrait is thought to be the finest pre-presidential image of Lincoln in existence.
"That looks better and expresses me better than any I've ever seen, and if it pleases the people, I'm satisfied," Lincoln had said in a quote recited by Carter on Monday.
Sponsored by the Illinois Judges Association, the Judges Foundation, the Illinois State Bar Association, the Bar Foundation and the Illinois State Historical Society, these portraits were financed and placed in most of the counties in the state as a celebration of the state's bicentennial.
A portrait was gifted to the Ottawa appellate courthouse in July.
Carter said the placement of Lincoln's image in a courtroom is fitting, because Lincoln practiced law in Illinois prior to becoming president.
He noted retired Chief Justice of the Illinois Supreme Court John Dean Caton gave a eulogy to Lincoln in the Ottawa appellate courthouse, expressing how fair Lincoln was to his opponents. Carter noted that Lincoln heard 95 cases as a judge, because it was common at the time to appoint a judge if one wasn't available.
"He's been the example for lawyers in this state of an attorney we want in our courts," Carter said. "He's the kind of attorney judges expect in terms of honesty, integrity and regard for the rule of law."
The portrait will be put on display in Courtroom 300, which also happens to have a Lincoln profile taken by Hesler on the same day hanging up in the courtroom.
Making reference to that portrait, Judge Joseph Hettel shared a memory Monday of a medical malpractice case in which two doctors were being sued.
In the closing remarks, attorney Troy Lundquist spoke to the jury. Hettel said second guessing was a matter of discussion in the case.
Lundquist told the jury: "It is fair as it is right to judge a man by the knowledge in his own day. It is neither fair nor right to judge a man by the knowledge of a later day."
Hettel said Lundquist let jurors soak it in a little bit and he asked them if they knew who said it. Nobody responded. Lundquist then positioned himself perfectly in the courtroom so he could look over his right shoulder and see the photograph of Lincoln that hung in the courtroom.
Hettel said he understood the importance Lincoln brought recalling that moment.
Hettell also said it was fitting the Lincoln portrait was unveiled Monday, because it was the 155th anniversary of the Gettysburg Address.


Get to know all of our team members!
Eddie Golden is a full time real estate agent with Keller Williams Greater Cleveland. He lives in Avon Lake with his wife, Mary, three children; Nicholas, Ella, and Lily, and two dogs -- Brooklynn and Layla. Eddie grew up in Avon Lake and graduated from Avon Lake High School in 2004. His real estate career started in 2012 and he started The Golden Group in November of 2015.
In addition to real estate, Eddie also owns CLE3D. CLE3D helps real estate agents raise their profiles by using state of the art technology. If there is one thing you need to know about him it is that technology is a huge passion and his agents on the team as well as clients reap the benefits of it. You will always see his team and company on the forefront of innovative technology to provide the best service possible to his clients.
Aisling O'Malley moved from Boston to Lakewood, OH in 2011. Formerly a professional Irish dancer, she toured all over the world with Michael Flatey's Lord of The Dance. When deciding to settle down, moving to the Cleveland area was a natural fit. Aisling instantly felt welcomed into the community that she truly enjoys helping others feel the same way.
In addition to real estate, Aisling also teaches Irish dancing on the east and west side of Cleveland. She lives with her husband, a native of Cleveland and two dogs. In her spare time, Aisling enjoys running in Lakewood park, having happy hour with friends and taking in all the sights and sounds that Cleveland has to offer.
Shona McCune grew up on the east side of Cleveland in Euclid. She moved to the west side 18 years ago and is now living in Westpark with her husband and children. Shona is experienced with buying and selling real estate on the east and west side of Cleveland. When not selling homes, she enjoys cheering her children on at various sporting activities and hanging out with her boxer dog, Bailey.
Anthony Ely is a Cleveland native. Born and raised in Avon Lake, OH and currently residing in Lakewood. As a lifelong Cleveland resident he enjoys the new downtown nightlife as well as reading and outdoor activities such as kayaking and hiking. A very family oriented individual, he spent most of his early adulthood working for his father in the industrial recycling industry and most of his Sunday evenings are enjoyed around the dinner table with his siblings, parents and grandmother.
Thinking of buying or selling? Give Anthony a call or send him an email. Consultations are free!
Born in Westlake, OH, he graduated from Avon Lake High School and furthered his education with a Bachelors Degree in Urban Studies at Cleveland State University. He currently resides in Westlake with his wife Randi, his son Michael and daughter Sophia.
In his past life, Michael was a chef-so he likes to spend his time cooking, brewing, smoking and learning new preparation techniques-in addition to enjoying Cleveland sports(if we ever can), golf and clay shooting.
Sara Troyer is an Avon Lake native and graduate of the class of 2004. She currently resides there with her husband and three children and is actively involved in the community.
Sara has a masters degree in Organizational Management and Leadership and worked for 7 years in the social work field before starting an in-home business, and then entering the exciting world of real estate. The love and enjoyment in helping others is what ultimately led Sara to the Golden Group in hope of fulfilling the housing needs and wants of both home buyers and sellers!
In her free time, Sara enjoys doing crafts, home organization and DIY projects, spending time with her family and volunteering at her childrens school.
Chris and Samantha (Sam) Beck are husband and wife REALTORS that reside in Northfield Center. They have three children and moved into Summit County 10 years ago.
Chris is a '91 graduate of Maple Hts High School, a classic car enthusiast and a ski instructor. Sam is a '93 graduate of Trinity High School, loves musical theater and finding home improvement projects for Chris!
Chris and Sam love helping others find their dream home. Their clients are their priority and they strive to make the process as clear and as understandable as possible. They realize that a home is so much more than just a roof over your head!
Jeff is excited to partner with the Golden Group. He's been licensed since 2006 and loves being a full time Realtor. Jeff works with both buyers, sellers and investors. Most recently, he's helped investors find over 60 properties, design, stage and sell their flipped investments. Jeff is looking forward to continuing to help people with Unlocking Dreams, One Home At A Time.
Jason Sroka is a full time real estate agent with Keller Williams Greater Cleveland. He lives in North Ridgeville with his wife Megan and two kids Kayla and Zac. Jason grew up and went to high school in North Ridgeville and decided to move back to the area in 2004 to start his family.
Jason has an extensive sales and team building background that will be a tremendous benefit to The Golden Group. Outside of the office Jason enjoys spending time with his family and is an avid golfer.
Thomas is an energetic, self motivated and goal-oriented professional. Thomas has 6 years of sales experience outside of real estate. He is a persuasive communicator with proven strengths in sales management, customer service, and relationship building.
Thomas is a life long resident of the southside of greater Cleveland. He enjoys the Cuyahoga Valley National Park and the Cleveland Metroparks system. In his spare time, you can find Thomas outdoors, fishing and camping.
James Bruening lives in Sheffield Lake with his wife Karen and two dogs. James was raised in Florida and moved to the area about 12 years ago.
Before transitioning to a career in sales James spent 20 years in the golf industry as a golf professional. In his spare time James enjoys traveling, golfing, fishing and spending time with his family, especially his grandson.
Casie Em is Marketing Director for The Golden Group, Keller Williams Greater Cleveland. She has over 5 years in graphic and design in freelance. Certified in Microsoft Office as well as Programming and Scripting. With her skills and expertise, she enjoys making a visual business presence with marketing. When Casie is not creating a vision, she loves playing video games, working out and finding new vegan foods to try out.


In the period 1995-2006, the biodiversity of the aquatic habitats in the area of Serbia was explored, with the aim to identify the endangered species of macroalgae, macroinvertebratae and fishes. During the work a data base was formed (Aquatic Ecosystems Diversity in Serbia, AEDSer), containing the data from exploring the biodiversity of the aquatic ecosystems of Serbia since 1860. Based on the data base, classification of the aquatic species was made into categories of endangerment based on IUCN criteria. The following was noted: (1) the global IUCN category assigned to the species often is not identical with the national status of endangerment; and (2) the species that are given a category of endangerment at the national level do not have the same realistic risk of extinction in all their habitats. This remark imposed the need for a model for assessing the critical risk of extinction of the endangered species and determining the priorities of their protection at the national level. Two categories of characters were used to develop the model: the characters that determine the degree of ecological specialisation of the species based on the circumstances of habitat; and the characters suggesting the risk factors from the system: "HIPPO" in the spatial and time dimension. The possibility to apply the model was tested on 10 aquatic species belonging to different categories of endangerment at the national level (macroalgae 2, macroinvertebrates 7, and fishes 1 species). The model based on points determined the level of extinction risk and, that way, the species needing urgent conservation from the same or different categories of endangerment were isolated. The model suggested can contribute to a more efficient defining the conservation priorities.


This is a list of the 5-600 most used interface messages on the Wikimedia projects.
This list is very useful for translators as it optimises their effort in the early stages of translating the interface: they will have the most benefit if they translate these messages from top to bottom.
This list should be updated every year.
Measured on Tuesday 13 November 2007 from 10:43 CET to 12:56 CET. Data has been gathered out of 1 of every 50 pages served from an application server of the Wikimedia Foundation, with profiling rules designed by Tim Starling and Domas and was retrieved with this URL. In this timeframe, the 5000 most often used messages have been called on application servers 23,530,127 times. Messages which do not belong to the core messages have been filtered out. Optional messages and EXIF messages have also been filtered out.
At the bottom of the list are messages that are not that often used, but important for a proper look and feel for all users: create account, sign on, page history, delete page, move page, protect page, watchlist.
On 19 December 2008 from 23:16 CET to 20 December 2008 00:44 CET another measurement was done, giving about 9.7M samples. In this case it was no longer possible to have one output for all Wikimedia wikis. Instead, there was output for the English language Wikipedia (en), the German language Wikipedia (de), and all other wikis (others)*. All 5000 or fewer hits** got a descending rating (5000 for the most often used message). For all 3 results, the counts were added, and from that a new list of about 500 most often used messages in the MediaWiki core was compiled.
On 14 May 2011 a measurement was made, following the same method as the previous measurements. A list of about 500 messages from MediaWiki core was selected, and messages in the the form to sign up that were not yet part of the list were manually added.
This page was last edited on 19 May 2018, at 10:19.


Krate is the New York based design studio of Jamie Kennard.
We help shape emerging brands and organizations through identity design, website development, and strategy for print, online, and social media.
Krate's work has been recognized by PDN and Graphic Design USA.


 Does Face Recognition Technology Have A Commercial Future?
Facebook tagging, Snapchat filters, airport scans: face recognition is increasingly becoming a large part of our everyday lives. Explore below how this innovative technology is helping companies expand their customer-base with AI-driven innovation, giving them the competitive edge in today's visual world.
Facial recognition allows security companies and law enforcement agencies to monitor suspicious or undesirable persons. Faces are compared against large databases, and authorities are alerted when there's a match.
Airports across the world are exploring the ways facial recognition technology can be used as a secure measure of authenticity to be used instead of passports.
Facial recognition helps brands and agencies manage brand ambassadors and high-value assets.
Credit card companies are introducing smartphone selfies to authenticate paying for bills. It's also speculated that mobiles may include selfie snaps as another mode of authentication to unlock phones.
Advertising agencies, for example, have recently been exploring how face recognition technology can assist in targeting their commercials and helping brands achieve their competitive edge. Today, at gas stations and in malls, screens scan customers' faces in order to run tailored ads with demographic-specific content. Another creative commercial use is fast-food chains offering personalized menus based on facial recognition.
These are just a handful of examples where face recognition is being utilized more and more. On a smaller level, facial recognition technology can help marketers and photo agencies monitor their assets and campaigns – either across the web and social media, or even internally across large photo collections.
Face recognition technology is just one of the many capabilities of PicScout's Visual API. The way we do business in today's visual world is changing. Don't get left behind – talk to us today.


his parents started a fundraising campaign to pay for a special procedure to loosen his legs as it is not routinely available on the NHS. However, they had to redouble their efforts after callous thieves stole money from their fund.
The lively youngster went in for the operation at the Frenchay Hospital in Bristol on December 11.
He has now been at home for 10 days and his delighted parents say they have already seen an improvement in his condition.
His father James Potts, 31, said: 'Straight away we saw the difference, immediately he was sleeping better.
be really tight in the groin, hamstrings and calves but that's gone now.
eating by himself with a knife and fork.
'He couldn't hold a pen properly before and would hold it like a baby would a crayon but now he can hold a pen.
'We didn't expect it to be so obvious.
loosen the legs and make them more agile.
Trust would not pay for it.
broke into a community centre safe.
Mr Potts, Corin's father, said at the time he was 'gutted that one or two people have let everyone down like this'.
But the determined family redoubled their efforts and had raised the amount in time for Christmas.
The postman added that his son could now cross his legs which meant he would be able to sit with the other children at school rather than on a chair away from the rest of his class.
Corin is building up the strength in his legs to help him walk and he is doing physiotherapy every day.
His parents have also been taking the youngster swimming and cycling so that the work is more fun.
James said the family is so appreciative to all the people who helped their son have the surgery and wanted to send his thanks to as many people as possible.
But he also hopes that successful operations on youngsters like Corin will be taken into account when funding of SDR is reconsidered.
He said: 'I can't see how they can't say it is justified after the success on a number of Americans, where they have been doing it for 25 years.
'I think it should be available on the NHS, or at least there should be some help.
'It's massive, who wouldn't pay 35,000 for being able to get a good night's sleep for 70 years or so, or being able to go to the toilet by yourself. Children don't choose to have cerebral palsy.


Goldenberg, A., Cohen-Chen, S., Goyer, J. P., Dweck, C. S., Gross, J. J., & Halperin, E. (2018). Testing the impact and durability of a group malleability intervention in the context of the Israeli–Palestinian conflict. Proceedings of the national academy of sciences, 115(4), 696-701.
Israeli Jews took part in a 5-hour workshop that addressed the value of taking the other side's perspective in challenging situations in general (not in the local Israeli-Palestinian conflict). As compared to a control condition taught skills to cope with stress leaders often encounter, the perspective taking intervention improved attitudes toward Palestinians and increased hope for a better shared future over a 6-month period of intense intergroup conflict. A second intervention, focused on the malleability of groups in general, produced similar but if anything larger benefits.
How can I better manage this conflict?How can I better manage this conflict?
How can I better manage this conflict?


Watch Jay Leno take a look at the new VIA Motors VTrux – and love them! If you've been wanting a gas saving SUV or pickup truck this is the best of all possible worlds. It uses the same idea that makes the Chevrolet Volt save so much gas and even adds a power export option so you can run power tools or your house with the batteries and onboard, range-extender generator. Take a look and let us know what you think in the comments.
Here's a sneak peek at the ribbon cutting event that took place at downtown Melbourne's newest EV charging station. The first DC fast charger in Brevard County, FL. The Space Coast EV Drivers were invited to do Q & A with attendees at the ribbon cutting. Stay tuned for photos and videos from the event. Lots of electric vehicle drivers were on hand to celebrate the unveiling.
Recharge your EV with a Volcano!?
Here's a neat article about a Nissan Leaf owner in Hawaii that used up most of his car's battery climbing the long winding road up a dormant volcano mountain then had a full battery again when he got back down. Thanks to the regenerative braking that all electric cars, plug in hybrids, and regular hybrids have he was able to recharge the battery coming back down the mountain. This is something you can only do with electric cars!
We'll set up at 9:30 am as part of the car show that will be 10 am to 3 pm.
Chevy Volt Owners Love Their Cars!
Take a look at what people are saying about owning the Chevy Volt in a The Sierra Club newsletter – including one of our very own members!
We'll be at the ribbon cutting for the new CHAdeMO charging station installed at the Melbourne City Hall in front of the parking garage. You should see our tent and table and banner set up for the public to ask any questions they may have about EVs and even take a test ride or two. We'll have information and other print outs to give away to help decide which EV is right for you.
The event will take place in the front parking lot. Attendees may park in the garage.
The public is invited to attend the opening of the City of Melbourne's newest electric car charging station. The new station is a Level 3, 480 Volt direct current fast charger. Several electric vehicles are capable of accepting the Level 3 CHAdeMO charge including: Nissan LEAF, Mitsubishi i-MiEV and Tesla (with adapter). The cost to charge will be $0.13 per kWh,* and the station will be accessible and open to the public 7 days a week/24 hours a day.
The mayor will deliver opening remarks, and a Melbourne resident will be the first to "plug in" his electric vehicle. City engineering and sustainability staff will be on hand for questions.
The City of Melbourne is staying ahead of the curve by installing the infrastructure to support and encourage the use of alternative fuel vehicles. This is the second charging station to be installed by the city. The first was installed in April 2013 in front of the Eau Gallie Library. Our goal is to add one station each year. The City will continue to seek funding from granting organizations and other sources. Future stations will also be located near activities of interest so that drivers using the stations will be able to enjoy city amenities while charging their vehicles.
The new CHAdeMO charging station is still in testing mode.
The CHAdeMO fast charger will be ready very soon.
Don't forget that we will be on site at the Brevard Zoo for their Party for the Planet today from 10-3 talking to local folks about the benefits of driving an electric vehicle.
We know you have been waiting to see where our first community event would be so you can come check out Voltron the Red Chevy Volt! Our "no compromise electric vehicle." We are happy to announce the wait is over!
This Saturday April 12th 2014 we will be at the Brevard Zoo's Party for the Planet from 10 AM to 3 PM. Look for our tent, banner, and the red Chevy Volt to be parked directly across from the entrance to the Zoo. We can not wait to see you there.


text:
Q: Почему не меняется css стиль? сделал функцию, чтобы при нажатии на кнопку менялся цвет фона, но он меняется на долю секунды и возвраща

html,
body {
  height: 100%;
}

body {
  display: flex;
  align-items: center;
  padding-top: 40px;
  padding-bottom: 40px;
  background-color: #f5f5f5;
}

.form-signin {
  max-width: 330px;
  padding: 15px;
}

.form-signin .form-floating:focus-within {
  z-index: 2;
}

.form-signin input[type="email"] {
  margin-bottom: -1px;
  border-bottom-right-radius: 0;
  border-bottom-left-radius: 0;
}

.form-signin input[type="password"] {
  margin-bottom: 10px;
  border-top-left-radius: 0;
  border-top-right-radius: 0;
}

.img-block {
  display: flex;
  justify-content: center;
  justify-items: center;
  align-items: center;
  width: 250px;
  height: 150px;
}

.logo {
  height: 100%;
  width: auto;
}

.pdf {
  display: none;
  position: absolute;
  width: 100%;
  height: 100%;
}
.show {
  display: block;
}

.remove {
  background-color: red;
}
<!doctype html>

    <meta charset="utf-8">
    <meta name="viewport" content="width=device-width, initial-scale=1">
    <meta name="description" content="">
    <meta name="author" content="Mark Otto, Jacob Thornton, and Bootstrap contributors">
    <meta name="generator" content="Hugo 0.104.2">

    <link rel="canonical" href="https://getbootstrap.com/docs/5.2/examples/sign-in/">
    <link href="https://cdn.jsdelivr.net/npm/bootstrap@5.1.3/dist/css/bootstrap.min.css" rel="stylesheet" integrity="sha384-1BmE4kWBq78iYhFldvKuhfTAU6auU8tT94WrHftjDbrCEXSU1oBoqyl2QvZ6jIW3" crossorigin="anonymous">

<link href="signin.css" rel="stylesheet">

    <link href="signin.css" rel="stylesheet">

    <embed src="10 вопрос.pdf" class="pdf" id=""/>

  <form id="form">

Please sign in

      <input type="email" class="form-control" id="floatingInput" placeholder="name@example.com">
      Номер задания

    <button class="w-100 btn btn-lg btn-primary mt-4" type="submit" id="btn">найти</button>

  </form>

ется на исходный, в чем проблема

A: У тега button по умолчанию тип submit. Либо поставьте в тег тип button для него, либо в функции пишите вот так:
btn.onclick = function(e) {
    e.preventDefault();
    document.getElementById('form').style.backgroundColor = '#1111'
}

либо и вовсе уберите тег form. Зачем он вам?

redpajama_set_name: RedPajamaStackExchange


Hi Victor you had started a LLC power supply for me and we did not get to finish this. So I would like to see on a fixed price basis for...supply for me and we did not get to finish this. So I would like to see on a fixed price basis for you to finish this. Also I would like a fixed price basis to do a PCB. I have the schematic. Please advise. Thanks.


Not sure about tagging with your method, but the full headers of a message will show that it came through DreamHost in the Received: lines.
True, but the Received header only shows the first address that the message went "through." I.e., if a message is received for xxxx@domain.net, forwarded to yyyy@domain.net, and then sent on to zzzz@anotherdomain.net, only the first address shows up in the headers. In my particular case, I'd like to be able to see "yyyy@domain.net" somewhere in the headers.
As long as it's not one of the mXXXXXX mailboxes, you can use procmail to add a header using the formail -A command.
Thanks, Scott. I've never used procmail before, but it looks like it's time to learn!


text:
For Immediate Release June 1, 1997
RADIO ADDRESS BY THE PRESIDENT TO THE NATION
The Map Room
THE PRESIDENT: Good morning. I've just returned from Europe where I commemorated the 50th Anniversary of the Marshall Plan, which joined America's investment to Europe's commitment to rebuild, and in so doing, helped to spark 50 years of prosperity, not only for Europe, but for America as well.
I also had the opportunity to discuss with leaders of Europe the present success of our economy and what we can do together to promote prosperity in the new democracies of Central and Eastern Europe in ways that will ensure their prosperity and ours for the next 50 years.
This morning I want to talk with you about the new economic policy we brought to America for the last four and a half years and how our balanced budget and tax cut plans can help in creating jobs, raising incomes, strengthening business and moving America forward in the years to come.
Recall for a moment what America's economy looked like four years ago: high unemployment, few new jobs, stagnant wages, exploding budget deficits. I took office determined to replace trickle-down economics with invest-and-grow economics. There were three principal elements to our strategy: Reduce the budget deficit, and invest in the education, training and security of working men and women and our children, and open new markets for American-made goods and services through tough trade agreements.
I believe all three were necessary to create the conditions for private sector prosperity and to ensure that all our people have the opportunity to reap the rewards of growth. We made tough, often controversial, decisions in 1993 and afterward to implement our new invest-and-grow economic policy. Some fine members of Congress lost their seats because they had the courage to change course and vote for the future.
But just look at the results. Today our confidence has returned and our economy leads the world. In 1992, the deficit was $290 billion. Today, we expect it to drop to $67 billion, a 77 percent reduction. In 1992, unemployment averaged 7.5 percent. Today, it's 4.9 percent -- the lowest in 24 years.
In 1992 there were few new jobs. Since then, the economy has produced 12.1 million of them, including the most ever in a single presidential term. And while the years before our plan took effect saw sluggish growth, yesterday we learned that in the first quarter of this year the economy grew at a 5.8 percent rate -- the highest in a decade. Inflation is at a 30-year low; business investment, a 30-year high. Each year we've had a record number of new businesses started. Wages are rising. In the last two years, over half the new jobs have paid higher than average wages, and inequality among working people has seen the biggest drop since the 1960s. Our economy is the healthiest in a generation.
All this didn't just happen. We've had better-managed, more-competitive businesses, more-productive working people; the entrepreneurial spirit of small business; a Federal Reserve committed both to low inflation and to economic growth; and continued advances in technology.
Americans' hard work and high energy, smart decisions and tough choices, and our invest-and-grow strategy -- all these have worked together to produce this success.
Now in the coming months, America will have to decide whether to stick with this strategy. Will we continue to engage the world economy by continuing to give normal trading status to China? Will Congress give the President the tools necessary to open new markets abroad for American products through tough new trade agreements? And, above all, will we finish the job of balancing the budget while protecting our values?
Earlier this month I reached agreement with the leaders of Congress on a bipartisan balanced budget plan that will continue our economic strategy into the next century. This is a balanced budget plan that also is in balance with our values. It will eliminate the budget deficit by 2002, honor our parents by securing the Medicare Trust Fund for a decade, preserve our environment through strong enforcement in the cleanup of 500 toxic waste sites, and protect the next generation by extending health insurance coverage to as many as 5 million uninsured children. And, most important of all, it will invest in the skills of our people through the most significant increase in higher education since the G.I. Bill half a century ago, the expansion of Head Start and an investment in higher national academic standards for our children.
Both Houses of Congress moved forward on this budget before they left town for the Memorial Day recess. I was pleased that a strong majority of both parties supported this bipartisan plan. When Congress gets back to work, it's time to finish the job of enacting the broad outlines of the budget plan. Then in the weeks to come, Congress will fill in the details and begin writing this budget and its tax cut into law. I want a tax cut that helps families raise their children and send them to college, and keeps the economy growing. That's my goal.
I look forward to continuing to work together with the Republican and Democratic members of the tax writing committees in Congress to meet this goal as we write the details of the tax cut into law. As that process begins, I want to tell you three of the things this final tax cut plan should include: First, with education our most important goal, our tax cut must help open the doors of college to every American. Our bipartisan budget plan includes $35 billion in tax relief, targeted to help families pay for higher education. Our HOPE Scholarship is a $1,500 per year tax cut to help pay for the first two years of college and open them to all Americans. I will also recommend that students who already receive Pell Grant Scholarships can still receive the HOPE Scholarship for education costs beyond those covered by their Pell Grant. With this step, we'll make sure that our tax cut reaches all those who want to take responsibility for their own lives and go on to college. Beyond that, I favor a tax deduction for the cost of any education after high school for people of any age.
Second, as many families as possible should have a chance to receive the dividend created by economic growth. Our plan will give families a $500 child tax credit. This is the kind of tax relief we need -- targeted to helping families raise their children and meeting the competing demands of work and family. As we craft this tax cut, I believe it's especially important that we make sure that the child tax credit is fair to working families -- especially those with lower incomes.
Third, the tax cuts must be consistent with a balanced budget and must not be written in such a way that they reopen the deficit and bust the budget in years to come. This was absolutely key when we reached a budget agreement, and I will continue to insist on it as we write the agreement into law. Fiscal responsibility helped to produced a strong economy. Fiscal irresponsibility will surely undo it. We cannot put our prosperity at risk through time bomb tax cuts that explode the deficit in five or 10 or 20 years. We must continue with discipline. We tried it the other way before and it failed.
We are now nearly five years into our economic strategy of invest and grow, and it is working -- well beyond our most optimistic expectations. We have now an historic chance to continue this growth and give the American people the dividends of expansion through a tax cut. We can protect our values as we expand our economy. The American people deserve a tax cut and they need a balanced budget. We can give them both. If we make sure that this tax cut helps all working families, that it opens wide the doors of college, and that it never, never throws the budget out of balance, we can propel our country into the 21st century even stronger than it is today.

redpajama_set_name: RedPajamaCommonCrawl


Your town probably has an area like this, where everything seems frayed at the edges, where it doesn't take much more hardship for it to be too much, where it is hard to imagine that it ever looked better.
This is that part of my town.
Posted on March 5, 2019, in Photography and tagged 365 photo project, black and white photography, learning to see, Leica, lubbock, lubbock texas, melinda green harvey, monochrome, one day one image, photo a day, photography, postaday, texas, thoughtful seeing. Bookmark the permalink.	3 Comments.
Sometimes I hear song lyrics in my head when I'm making images, but for some reason this lyric didn't show up in my brain. So, thanks for the assist. And Bruce, too!
Bruce knows a thing or two about darkness.


text:
Illustrating terms in lists of nomenclature
Jorge M. Giroud, Jeffery P. Jacobs, Diane E. Spicer, James D. St. Louis
Survival for children with cardiac disease has dramatically increased in the past four decades with the advent of improvements in diagnosis and treatment. In order to further decrease morbidity and mortality, optimization of outcomes must be vigorously pursued, and this optimization requires a common language when discussing and comparing results of the available diagnostic and therapeutic options. This common language exists and is named The International Pediatric and Congenital Cardiac Code (IPCCC). In order to make the IPCCC more universally understood, a 'virtual visual encyclopedia' has been created that links and illustrates the terms and definitions of the IPCCC with images of all types. The Archiving Working Group (AWG) of the International Society for Nomenclature of Paediatric and Congenital Heart Disease (ISNPCHD) is an organization composed of members of the international pediatric cardiac medical and surgical community that collaborate to illustrate, with representative images of all types and formats, the pertinent aspects of cardiac diseases that affect all pediatric patients, using the codes and definitions of the IPCCC as the organizational structure. This chapter describes the process of linking illustrations and nomenclature in the effort to better understand congenital and acquired cardiac disease and improve outcomes.
Pediatric and Congenital Cardiac Care
Volume 1: Outcomes Analysis
Springer-Verlag London Ltd
Cardiac encyclopedia
Cardiac images
Cardiac nomenclature
International pediatric and congenital cardiac code
10.1007/978-1-4471-6587-3_7
Dive into the research topics of 'Illustrating terms in lists of nomenclature'. Together they form a unique fingerprint.
Terminology Medicine & Life Sciences 100%
Heart Diseases Medicine & Life Sciences 45%
Language Medicine & Life Sciences 22%
Encyclopedias Medicine & Life Sciences 18%
Organizations Medicine & Life Sciences 11%
Morbidity Medicine & Life Sciences 8%
Survival Medicine & Life Sciences 7%
Giroud, J. M., Jacobs, J. P., Spicer, D. E., & St. Louis, J. D. (2015). Illustrating terms in lists of nomenclature. In Pediatric and Congenital Cardiac Care: Volume 1: Outcomes Analysis (pp. 63-74). Springer-Verlag London Ltd. https://doi.org/10.1007/978-1-4471-6587-3_7
Illustrating terms in lists of nomenclature. / Giroud, Jorge M.; Jacobs, Jeffery P.; Spicer, Diane E. et al.
Pediatric and Congenital Cardiac Care: Volume 1: Outcomes Analysis. Springer-Verlag London Ltd, 2015. p. 63-74.
Giroud, JM, Jacobs, JP, Spicer, DE & St. Louis, JD 2015, Illustrating terms in lists of nomenclature. in Pediatric and Congenital Cardiac Care: Volume 1: Outcomes Analysis. Springer-Verlag London Ltd, pp. 63-74. https://doi.org/10.1007/978-1-4471-6587-3_7
Giroud JM, Jacobs JP, Spicer DE, St. Louis JD. Illustrating terms in lists of nomenclature. In Pediatric and Congenital Cardiac Care: Volume 1: Outcomes Analysis. Springer-Verlag London Ltd. 2015. p. 63-74 doi: 10.1007/978-1-4471-6587-3_7
Giroud, Jorge M. ; Jacobs, Jeffery P. ; Spicer, Diane E. et al. / Illustrating terms in lists of nomenclature. Pediatric and Congenital Cardiac Care: Volume 1: Outcomes Analysis. Springer-Verlag London Ltd, 2015. pp. 63-74
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title = "Illustrating terms in lists of nomenclature",
abstract = "Survival for children with cardiac disease has dramatically increased in the past four decades with the advent of improvements in diagnosis and treatment. In order to further decrease morbidity and mortality, optimization of outcomes must be vigorously pursued, and this optimization requires a common language when discussing and comparing results of the available diagnostic and therapeutic options. This common language exists and is named The International Pediatric and Congenital Cardiac Code (IPCCC). In order to make the IPCCC more universally understood, a {\textquoteleft}virtual visual encyclopedia{\textquoteright} has been created that links and illustrates the terms and definitions of the IPCCC with images of all types. The Archiving Working Group (AWG) of the International Society for Nomenclature of Paediatric and Congenital Heart Disease (ISNPCHD) is an organization composed of members of the international pediatric cardiac medical and surgical community that collaborate to illustrate, with representative images of all types and formats, the pertinent aspects of cardiac diseases that affect all pediatric patients, using the codes and definitions of the IPCCC as the organizational structure. This chapter describes the process of linking illustrations and nomenclature in the effort to better understand congenital and acquired cardiac disease and improve outcomes.",
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author = "Giroud, {Jorge M.} and Jacobs, {Jeffery P.} and Spicer, {Diane E.} and {St. Louis}, {James D.}",
note = "Publisher Copyright: {\textcopyright} Springer-Verlag London 2015.",
doi = "10.1007/978-1-4471-6587-3_7",
booktitle = "Pediatric and Congenital Cardiac Care",
publisher = "Springer-Verlag London Ltd",
T1 - Illustrating terms in lists of nomenclature
AU - Giroud, Jorge M.
AU - Jacobs, Jeffery P.
AU - Spicer, Diane E.
AU - St. Louis, James D.
N1 - Publisher Copyright: © Springer-Verlag London 2015.
N2 - Survival for children with cardiac disease has dramatically increased in the past four decades with the advent of improvements in diagnosis and treatment. In order to further decrease morbidity and mortality, optimization of outcomes must be vigorously pursued, and this optimization requires a common language when discussing and comparing results of the available diagnostic and therapeutic options. This common language exists and is named The International Pediatric and Congenital Cardiac Code (IPCCC). In order to make the IPCCC more universally understood, a 'virtual visual encyclopedia' has been created that links and illustrates the terms and definitions of the IPCCC with images of all types. The Archiving Working Group (AWG) of the International Society for Nomenclature of Paediatric and Congenital Heart Disease (ISNPCHD) is an organization composed of members of the international pediatric cardiac medical and surgical community that collaborate to illustrate, with representative images of all types and formats, the pertinent aspects of cardiac diseases that affect all pediatric patients, using the codes and definitions of the IPCCC as the organizational structure. This chapter describes the process of linking illustrations and nomenclature in the effort to better understand congenital and acquired cardiac disease and improve outcomes.
AB - Survival for children with cardiac disease has dramatically increased in the past four decades with the advent of improvements in diagnosis and treatment. In order to further decrease morbidity and mortality, optimization of outcomes must be vigorously pursued, and this optimization requires a common language when discussing and comparing results of the available diagnostic and therapeutic options. This common language exists and is named The International Pediatric and Congenital Cardiac Code (IPCCC). In order to make the IPCCC more universally understood, a 'virtual visual encyclopedia' has been created that links and illustrates the terms and definitions of the IPCCC with images of all types. The Archiving Working Group (AWG) of the International Society for Nomenclature of Paediatric and Congenital Heart Disease (ISNPCHD) is an organization composed of members of the international pediatric cardiac medical and surgical community that collaborate to illustrate, with representative images of all types and formats, the pertinent aspects of cardiac diseases that affect all pediatric patients, using the codes and definitions of the IPCCC as the organizational structure. This chapter describes the process of linking illustrations and nomenclature in the effort to better understand congenital and acquired cardiac disease and improve outcomes.
KW - Cardiac encyclopedia
KW - Cardiac images
KW - Cardiac nomenclature
KW - Congenital heart disease
KW - Databases
KW - Illustrations
KW - International pediatric and congenital cardiac code
KW - Internet
U2 - 10.1007/978-1-4471-6587-3_7
DO - 10.1007/978-1-4471-6587-3_7
BT - Pediatric and Congenital Cardiac Care
PB - Springer-Verlag London Ltd


text:
Honorary Chairman of the Board:
Prof. WAN Gang Vice Chairman of the 11th and 12th Chinese People's Political Consultative Conference, Chairman of China Zhigong Party, Minister of Ministry of Science and Technology of China, Chairman of China Association for Science and Technology
Mr. Erik Solheim UN Under-Secretary-General Executive Director of United Nations Environment Programme
Chairman of the Board:
Mr. WANG Guangtao Chairman of the Board, IESD Minister of Housing and Urban-Rural Development of China (2001-2008) Chairman of Environmental and Resources Protection Committee of the 11th National People's Congress
Board members:
Mr. Achim Steiner Administrator, United Nations Development Programme Honorary Professor of Tongji University
Mr. WU Xiaoqing Vice Chairman and Secretary-General of China Democratic National Construction Association Vice Minister of Environmental Protection of China (2008-2016)
Mr. ZHENG Guoguang Administrator of China Earthquake Administration, Administrator of China Meteorological Administration (2007-2016)
Mr. XU Jianmin Director of China's National Satellite Meteorological Center Academician of Chinese Academy of Engineering
Mr ZHOU Zongmin Vice Editor-in-Chief, Xinhua News Agency
Mr. Richard Northcote Chief Sustainability Officer, Covestro AG
Prof. WU Qidi Member of Standing Committee, 11th National People's Congress of China Member of the Education, Science, Culture and Health Committee, NPC of China Vice Minister of Ministry of Education of China (2003-2008)
Ms. ZHAO Jiarong Executive President of China Association of Circular Economy Former Deputy Secretary General of National Development and Reform Commission (2010-2014)
Prof. YANG Xianjin Chairman of Tongji University Council
Prof. ZHONG Zhihua President of Tongji University Academician of Chinese Academy of Engineering
Prof. WU Jiang Executive Vice President of Tongji University Dean of UNEP-Tongji IESD Chairman of Global Universities Partnership on Environment and Sustainability (GUPES) Academician of Royal Academy of Architecture
Prof. LI Fengting Deputy Dean of UN Environment-Tongji Institute of Environment for Sustainable Development Vice Dean of College of Environmental Science and Engineering, Tongji University


text:
Casanova Controversy! Rapper Wanted By FBI For Alleged Involvement In Gang Crime!
It's not looking good for Casanova!
The Get the Strap hitmaker was one of the 18 alleged gang members indicted in New York on a slew of criminal charges — including conspiracy to commit racketeering, conspiracy to distribute controlled substances, and possession of a firearm in furtherance of a drug trafficking crime — according to a press release from the US Attorney's Office for the Southern District of New York.
The charges were announced by the FBI on Tuesday, with the bureau identifying each of the defendants as members of the Untouchable Gorilla Stone Nation street gang. While the 34-year-old Brooklyn rapper (real name Caswell Senior) has only been hit with the three aforementioned charges, some of his fellow alleged gang members have been charged with bigger crimes, including attempted murder and murder.
Brandon Soto (aka Stacks) is charged in connection with the September 21 killing of a teen in Poughkeepsie, who the feds say was "murdered in furtherance of the gang's activities." Meanwhile, Naya Austin (aka Baby) and Shanay Outlaw (aka Easy) face charges with filing bogus applications to secure COVID-19 unemployment benefits.
Feds say the gang's alleged drug conspiracy ran from at least 2010 until the present, and involved crack, coke, and marijuana. These crimes were committed in Manhattan, the Bronx, Queens, Brooklyn, and upstate New York, per prosecutors. The indictment elaborated:
"Members and associates of Gorilla Stone engaged in a series of violent disputes with rivals of Gorilla Stone, including those within Gorilla Stone who they deemed disloyal to the Enterprise. Members and associates of Gorilla Stone committed and agreed, attempted, and threatened to commit acts of violence to protect and expand their narcotics business, to protect fellow members and associates of the Enterprise, to otherwise promote the standing and reputation of Gorilla Stone amongst rival gangs, and to promote the standing and reputation of members of Gorilla Stone… Members and associates of the Enterprise promoted and celebrated, in music and on social media, the criminal conduct of the Enterprise, namely narcotics distribution, acts involving violence, and the use of firearms."
Interestingly, Casanova's name came up during Tekashi 6ix9ine's explosive testimony against his former Nine Trey Gangsta Bloods associates in September 2019. The rapper testified that his crew had beefs with other artists, and named Casanova as one of these performers. Tekashi also tattled on his rivals' alleged gang affiliations, claiming in court that Casanova was in "another" Bloods group.
Investigators confirmed Casanova was the only defendant who is not in custody. All defendants except for Outlaw are facing a maximum sentence of life in prison.
Posted in CelebritiesTagged Casanova, Controversy, Rapper, w
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Track and Field Narrowly Loses to Palo Alto at Home Meet
The Los Altos track and field team held a dual meet with Palo Alto High School on March 26, with the boys losing 65-62 and the girls losing 89-33. The boys track team narrowly missed securing a victory over Palo Alto for the first time in over four years, as Palo Alto has had a long-standing streak and is known to have a solid track team. Nevertheless, the Eagles managed to secure first place in many events while sweeping others.
"We were all really focused," junior Konrad Niemiec said. "Our coaches all pumped us up and there were some amazing performances on all sides of the track, with people stepping up in numerous areas."
On the boys team, the Eagles had a number of outstanding performances. Senior Danny Yeager placed first in the 110 meter hurdles, 300 meter hurdles and the high jump and second in the long jump, single-handedly securing 18 points for Los Altos. Senior Arthur Bogdanovich was able to clinch a win in the 400 meter race by out-leaning his opponent by 0.06, while sophomore Sami Fakalolo captured the discus. Konrad Niemiec and senior Josh Cohen were also able to win first and third, respectively, in the 800 meter race. These wins, along with the Eagles' sweep of both the 1600 and 3200 meter events, were what allowed Los Altos to challenge the Vikings until the very end.
The outcome of the meet was decided by the last event, the 4×400 meter relay. Palo Alto was able to outrace Los Altos by just under three seconds, which is what gave the track powerhouse the three point advantage in the end.
In the girls division, the Eagles were unable to keep up with Palo Alto's strong sprinters. The long distance events, however, were where Los Altos was able to score points. Senior Claire Bowie placed first in the 800 meter race, while freshman Lauren Jacob easily secured first place in the 3200 meters, finishing over a minute ahead of her opponents.
The Eagles came out of this meet with greater experience and high hopes for CCS. Although Los Altos will not be competing against Palo Alto again in the season, they are prepared for an encounter with the Vikings at meets such as CCS.
"We will be able to match up against them at multi-team meets such as the CCS championships," Konrad said. "We have a similar number of higher-level athletes."
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text:
The Tough Stuff
Spring 2007 Vol. 23 #2
Features | Interviews
Interview with Miranda Shaw: Passionate Dharma
Practitioners of Vajrayana Buddhism have a unique and, to some, shocking approach to the experience of desire, whether it be for sex, money, power—or even desire itself. No one explains this approach better than Miranda Shaw, Ph.D., author of the award-winning book Passionate Enlightenment: Women in Tantric Buddhism (Princeton University Press, 1995). Shaw focuses her research on gender, sexuality, goddess worship and sacred dance in Buddhism. Her latest book, Buddhist Goddesses of India (Princeton University Press), was released in the fall of 2006. Updating a previous conversation, we asked Miranda Shaw to explain the history and basic philosophy of Tantra.
Inquiring Mind: When people hear the word Tantra, many immediately think of exotic sexual practices. But as you explain in your books, Tantra concerns itself with all of life.
Miranda Shaw: The word Tantra comes from the verbal stem tan, meaning "to weave." Tantra is a spiritual path that weaves, or integrates, every aspect of life, including all daily activities, intimacy and passion, into the path to enlightenment. According to Tantra, there is one basic energy that courses through the universe and through our bodies. Thus, embodiment is understood as a dynamic, permeable mind-body continuum without fixed boundaries, the site of energies—inner winds and flames, meltings and flowings—that can bring about dramatic transformations on the path to enlightenment.
The Tantric teachings originated in India and the Himalayas in the seventh through twelfth centuries C.E. They represent the pinnacle of a long path of discipline that begins with the basic Buddhist teachings on mindfulness, nonself, impermanence and karma. It progresses through the bodhisattva path—compassionate motivation, altruistic activity and the Mahayana philosophy of emptiness—and culminates in the Tantric teachings.
IM: How does Tantra understand the energy of desire?
MS: In Tantra desire is honored. Of course, the Tantric practitioner recognizes that there are negative expressions of desire, motivated by ego and selfishness—expressions that can lead to harm and suffering. But desire is not intrinsically bad or an impediment to spiritual realization. Tantra sees desire as an expression of the blissful relatedness that is the matrix of all existence. Desire is what calls different aspects of reality into relationship with one another. It's a movement toward the world and other beings, and as such is a positive expression of interconnection.
IM: Of course, when you work with the energy of desire you are playing with the proverbial fire. It is probably very easy to delude yourself and twist the practices to feed selfish hungers.
MS: Yes, there are many possible ways to fall off of the Tantric path. That is why Tantra begins only after lengthy practices of purification. What Tantra adds to the mix of Buddhist practice is the ability to dissolve any emotion as it arises by seeing it as intrinsically empty. Tantra sees all the world as empty, as a pure, playful, illusory manifestation.
IM: What takes place in a Tantric sexual relationship?
MS: A Tantric relationship is a partnership that two people enter, voluntarily and consciously, as part of their path to enlightenment in this lifetime. People who enter into such a relationship will already have prepared for this path by learning mindfulness meditation practices, basic Buddhist teachings, and also a number of advanced philosophical teachings. They both agree that this relationship will be integral to their spiritual practice and is not set up to gratify the ego of either person involved. This is one of the overarching principles of the relationship.
IM: So the relationship is explicitly not for sensual pleasure?
MS: Sensual pleasure is a goal of secular life and ordinary relationships. In a Tantric partnership, the intimacy and bliss of the physical union will be channeled toward yogic and meditative ends. The significant difference between Tantra and other Buddhist paths is that Tantra is a fully embodied path. That means that the sensuality, knowledge and power of the body are interwoven into the path. They are not avoided. They are, in fact, cultivated and then channeled in very specific ways.
IM: So motivation is the key.
MS: The motivation is diametrically opposed to what normally propels people into personal relationships. The motivation is not security, and it is not emotional fulfillment of the ordinary kind. The motivation is to gain enlightenment for the sake of all sentient beings, and these practitioners will use every aspect of their embodied being to attain that goal.
IM: In the Theravada tradition, the way to do extreme practice is to close yourself off from all conventional sense pleasures. You go to a monastery where you don't listen to music, don't smell perfumes, don't eat rich foods. You don't look at the opposite sex or sleep under the same roof with a woman, if you are a monk, or with a man, if you are a nun. With Tantra, instead of cutting yourself off from all of this, you enter right into the middle of it and work with it.
MS: But in Tantra there are also periods of seclusion or retreat situations where the companions go together to a cave or retreat house and practice very intensively for many hours a day without interruption. But the energies that they cultivate then have to be integrated back into daily life.
IM: What happens on retreat? Are the partners engaged in coitus, working with these sexual energies for many hours a day?
MS: Practice with a consort is not synonymous with physical union. I prefer to use the word intimacy rather than sexuality, because sex is not the essence of the practice. That's our impoverished Western view of what intimacy entails. There are many other practices that Tantric partners do together. One of these practices is gazing: long sessions where the partners cultivate pure vision by gaining the ability to see one another as divine, as embodied manifestations of buddhahood, and as enlightened in essence. There are other exercises where they simply touch each other's fingertips or touch the palms of their hands, or they eat and feast together as a practice of cultivating and channeling their bliss.
IM: You have said that during their intimacy, the two partners make a deep imprint on one another's karma.
MS: By combining their energies and then channeling that energy through their bodies into the subtle yogic anatomy, they are absorbing the quality of their partner's consciousness and, in fact, absorbing their partner's karma. Together they generate the energy that enables them to blast through some of the knots created by that karma. They are sharing karma because they are then both working with the same set of pooled karma. In ordinary relationships, you are also creating and sharing karma together. But it's like the difference between swimming in the ocean, in the case of an ordinary relationship, and injecting saltwater into your veins, in the case of a Tantric relationship. A very intimate communion takes place in a Tantric partnership. That is why the choice of a Tantric partner is such a delicate process.
IM: It is widely rumored that in the name of Tantra some Buddhist teachers, especially in the West, have engaged in sexual relationships that have been harmful to students, particularly women students. Could you talk about that?
MS: In the West, we have gathered that Tantra involves sexuality, so when we hear about the sexual activities of a Buddhist teacher, we automatically think that maybe it's Tantra. Some teachers have hidden behind that label, and they have been able to hide behind it because we Westerners don't know what Tantra means. But these liaisons, at least the ones that I have known about, violate basic Mahayana Buddhist principles of compassionate motivation and selfless, benevolent activity. It is a gross violation of bodhisattva motivation to express one's sexuality in a way that harms another person psychologically or physically—and that includes any kind of coercive relationship, or any relationship in which there is a disparity in the emotional strength of the so-called "partners." Moreover, such a thing would be unthinkable in the Tantric context of a fully conscious, voluntary and mutually enlightening relationship.
I'll give an example from my own experience of how such an abusive teacher might operate. I was once approached by a lama whom I believed to be a monk. I didn't know him well enough to have occasion to inquire as to which vows he had taken. After a very short acquaintance, he abruptly invited me to have sexual relations with him. He claimed that to do so would be of spiritual benefit to me. He was, in effect, attempting to sexually abuse me.
There was no relationship between us, so I was stunned by the unexpectedness of the approach. I was also astonished at the smoothness of his obviously well-rehearsed lines. He said, "I think it would be good for your meditation. I feel we have a karmic connection that should be expressed in this way." I was very taken aback: "I thought you were a monk." He said, "Oh no, no. I just wear these robes to please my mother and to enhance my teaching." That was a lot to assimilate since he wears the full monastic regalia. Then I asked, "What do you mean by saying that it would help my meditation?" He said, "It will help you to relax." I said, "I never heard that meditation was relaxation. My lama never taught me that the essence of meditation is to relax." He said, "In general it will just help you." And I asked, "In that case, why doesn't anyone who has sexual relations become enlightened? Why isn't everyone enlightened?"
I decided to try to find out if, contrary to all appearances, he was a genuine Tantric practitioner. I asked, "What Tantric texts have you studied? What Tantric methods were you proposing to employ?" He said, "What texts?" I replied, "Well, for example, the Cakrasamvara Tantra, is that what you've studied? Is that what you practice?" He said, "Oh no, I haven't done any of that practice. I'm not talking about Tantra. I'm not qualified to do Tantra." He immediately backed down, his bravado just evaporated, and he slunk off.
After my encounter with this practiced predator, I found out that he had left a body count of ruined lives. I feel it is important that we become knowledgeable about Tantra in part so that we have some handle with which to evaluate the behavior of such teachers.
IM: Is there a practice for those not totally committed to this path, perhaps a "beginner's Tantra," teachings that are relevant for ordinary practitioners in their intimate relationships?
MS: First of all, I would say that anyone can do this practice, if the primary understanding is that your relationship is a sacred bond and exists for the purpose of the liberation of both partners. Keep in the foreground the fact that you are both spiritual seekers.
You could also begin to view your partner as divine. See the purity and Buddha-essence of this other being, and make those qualities the conscious focus of your interaction. Behave toward your partner as you would toward a deity, literally. Make offerings. Treat your partner as the divine.
At the same time, you have to remember that the bliss and completion that you seek is not to be found in another person. In other words, you aren't placing the responsibility for satisfaction in the hands of your partner. What you are working on is your own capacity to experience the inherent blissfulness of reality.
From the Spring 2007 issue of Inquiring Mind (Vol. 23, No. 2)
© 2007 Inquiring Mind
Art: Attraction of Opposites © 2000 Ma Deva Padma. Acrylic on canvas, 28 x 36 inches.
Please do not copy or download images without permission of the artist.
Tantra, Desire, Enlightenment, Intimacy, Sex, Tibetan Buddhism, Vajrayana
Ma Deva Padma (Susan Morgan Ostapkowicz) is a painter and mixed-media artist based in Australia. She created the Osho Zen Tarot and the Tao Oracle, and her website is EmbraceArt.com.


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