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Supreme Court voids overall campaign donor limits

Written By Unknown on Kamis, 03 April 2014 | 00.32

WASHINGTON — The Supreme Court further loosened the reins on political giving Wednesday, ruling that big campaign donors can dole out money to as many candidates and political committees as they want as long as they abide by limits on contributions to each individual campaign.

In a 5-4 vote won by conservative justices, the court struck down limits in federal law on the total amount of money a contributor can give to candidates, political parties and political action committees.

The decision wipes away the overall limit of $123,200 for 2013 and 2014. It will allow the wealthiest contributors to pour millions of dollars into candidate and party coffers, although those contributions will be subject to disclosure under federal law. Big donors, acting independently of candidates and parties, already can spend unlimited amounts on attacks ads and other campaign efforts that have played an increasingly important role in elections.

The justices left in place limits on individual contributions to each candidate for president or Congress, now $2,600 per election.

The court's conservative majority, under the leadership of Chief Justice John Roberts, continued its run of decisions back to 2007 rejecting campaign finance limits as violations of the First Amendment speech rights of contributors. The most notable among those rulings was the 2010 decision in Citizens United that lifted limits on independent spending by corporations and labor unions.

Roberts said the aggregate limits do not act to prevent corruption, the rationale the court has upheld as justifying contribution limits.

The overall limits "intrude without justification on a citizen's ability to exercise 'the most fundamental First Amendment activities,'" Roberts said, quoting from the court's seminal 1976 campaign finance ruling in Buckley v. Valeo.

Justice Clarence Thomas agreed with the outcome of the case, but wrote separately to say that he would have gone further and wiped away all contribution limits.

Justice Stephen Breyer, writing for the liberal dissenters, said that the court's conservatives had "eviscerated our nation's campaign finance laws" through Wednesday's ruling and the Citizens United case.

"If the court in Citizens United opened a door, today's decision we fear will open a floodgate," Breyer said in comments from the bench. "It understates the importance of protecting the political integrity of our governmental institution. It creates, we think, a loophole that will allow a single individual to contribute millions of dollars to a political party or to a candidate's campaign."

Roberts said the dissenters' fears were overstated because other federal laws prohibit the circumvention of the individual limits and big donors are more likely to spend a lot of money independently in support of a favored candidate.

Reaction to the ruling generally followed party lines, with advocates of capping money in politics aligned with Democrats in opposition to the decision.

Republican National Committee Chairman Reince Priebus called the Supreme Court decision "an important first step toward restoring the voice of candidates and party committees and a vindication for all those who support robust, transparent political discourse."

The GOP and Senate Republican Leader Mitch McConnell of Kentucky had argued that other decisions relaxing campaign finance rules had diminished the influence of political parties.

Democratic Sen. Chuck Schumer of New York said, "This in itself is a small step, but another step on the road to ruination. It could lead to interpretations of the law that would result in the end of any fairness in the political system as we know it."

Congress enacted the limits in the wake of Watergate-era abuses to discourage big contributors from trying to buy legislative votes with their donations and to restore public confidence in the campaign finance system.

But in a series of rulings in recent years, the Roberts court has struck down provisions of federal law aimed at limiting the influence of big donors as unconstitutional curbs on free speech rights.

In the current case, Republican activist Shaun McCutcheon of Hoover, Ala., the national Republican Party and Senate GOP leader McConnell challenged the overall limits on what contributors may give in a two-year federal election cycle. The limits for the current election cycle included a separate $48,600 cap on contributions to all candidates.

McCutcheon gave the symbolically significant amount of $1,776 to 15 candidates for Congress and wanted to give the same amount to 12 others. But doing so would have put him in violation of the cap.

Relatively few Americans play in the big leagues of political giving. Just under 650 donors contributed the maximum amount to candidates, PACs and parties in the last election cycle, according to the Center for Responsive Politics.

The court did not heed warnings from Solicitor General Donald Verrilli Jr. and advocates of campaign finance limits that donors would be able to funnel large amounts of money to a favored candidate in the absence of the overall limit.

The Republicans also called on the court to abandon its practice over nearly 40 years of evaluating limits on contributions less skeptically than restrictions on spending.

The differing levels of scrutiny have allowed the court to uphold most contribution limits, because of the potential for corruption when donors make large direct donations to candidates. At the same time, the court has found that independent spending does not pose the same risk of corruption and has applied a higher level of scrutiny to laws that seek to limit spending.

If the court were to drop the distinction between contributions and expenditures, even limits on contributions to individual candidates for Congress, currently $2,600 per election, would be threatened, said Fred Wertheimer, a longtime supporter of stringent campaign finance laws.

The case is McCutcheon v. FEC, 12-536.

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Associated Press writer Steve Peoples in Boston contributed to this report.

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Follow Mark Sherman on Twitter at: @shermancourt


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Greece: Talks on debt relief could start in May

ATHENS, Greece — Long-awaited talks between Greece and its rescue creditors to make the country's debt sustainable could start as early as next month and would likely last until the fall or beyond, a senior official in the Greek government said Wednesday.

Greece's national debt is still considered unsustainable despite massive spending cuts, after the recession shrank the economy by about 25 percent. Debt is predicted to reach 175 percent of gross domestic output this year.

The lion's share of that debt is now comprised of money from the bailout loans received from other eurozone countries, which Greece has been hoping might agree to ease the terms of repayment. Experts say Greece could, among other things, be given better lower interest rates or more time.

Greece is currently drawing on two international bailout programs, worth a total of 240 billion euros ($331 billion) in loans, and the country is hoping to avoid piling on additional loans.

The government official spoke only on condition of anonymity because talks on debt relief will not be official before the publication of Greece's 2013 budget deficit figures later this month.

In the shorter-term, Greece faces a shortfall in its funding plans through 2016.

The country could try to make up some of it by raising money on financial markets — the government said Tuesday it plans to tap bond markets in the first half of the year for the first time since it was bailed out in 2010.

Greece could also use 11 billion euros ($15 billion) of unspent money in bank rescue funds, the government official said.

"We have an 11 billion safety cushion. That's a significant sum," said the official.

He added, however, that Athens would await an October assessment of eurozone banks' capital needs by the European Central Bank before making a decision.

Greek police imposed stringent security measures around the site of a two-day meeting of European finance ministers in Athens.

Police officers clashed late Tuesday with anti-austerity demonstrators who challenged a protest cordon that covered most of the city center. Protests also occurred in Greece's second largest city, Thessaloniki, where the rally ended peacefully. The cordon in Athens was lifted on Wednesday afternoon.

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Associated Press writer Costas Kantouris in Thessaloniki contributed.


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House GOP plan seeks health cuts to balance budget

WASHINGTON — Republicans who control the House Budget Committee pressed ahead Wednesday on a budget-balancing plan that sharply cuts spending on transportation, health care programs for the middle class and the poor, food stamps and other domestic initiatives.

The plan by Rep. Paul Ryan, the committee chairman, promises $5.1 trillion in cuts to help bring the government's ledger into the black by 2024. His approach leaves in place Medicare cuts and tax increases engineered by President Barack Obama to pay for the new health law, but repeals the law's benefits.

The budget legislation promises to serve more as an election-year political and policy statement by House Republicans than a realistic attempt to engage Obama and Democrats, who control the Senate, in any serious effort to further cut the deficit.

Congress uses a nonbinding measure known as a budget resolution to set out goals for future taxes, spending and deficits. Follow-up legislation usually is limited to one-year appropriations bills rather than more difficult measures to deal with the government's long-term financial challenges.

Ryan, R-Wis., is pushing wide-ranging cuts to programs such as food stamps and government-paid health care for the poor and working class. While that's a nonstarter with Obama, Ryan is pitching his plan as a party-defining document outlining where Republicans would take the nation if they return to power after November's elections.

But his plan could face resistance in the full House because it embraces higher spending for agency budgets in 2015, as negotiated between Ryan and the head of the Senate Budget Committee, Sen. Patty Murray, D-Wash., in December.

Sixty-two House Republicans opposed the Ryan-Murray deal, and many of them need to come around once the emerging plan by Ryan's committee reaches the House floor.

"It'll pass," promised Rep. Kevin McCarthy of California, the party's chief vote-counter.

Ryan said his plan "puts us on the path to pay off our debt. How do we do it? We stop spending money we don't have. We cut waste and make much-needed reforms."

Ryan's budget brings back a now-familiar list of spending cuts: $2.1 trillion over 10 years in health care subsidies and coverage under the Affordable Care Act, the health law's formal name; $732 billion in cuts to Medicaid and other health care programs; almost $1 trillion in cuts to other benefit programs like food stamps, Pell Grants and farm subsidies.

While repealing the health law's benefits, Ryan would preserve its tax increases and cuts to providers, including reductions to private insurers under the Medicare Advantage program. Republicans have attacked Democrats for the Medicare cuts used to finance the health law.

"They repeal all the benefits of the law — like the tax credits that make insurance more affordable and the provisions that allow younger people to stay on their parents policies until age 26 — but Republicans keep all the ... budget savings. So do not try to fool the American people," said Maryland Rep. Chris Van Hollen, the top Democrat on the House Budget Committee.

The measure also reprises a proposal to dramatically reshape Medicare for future retirees, providing those who now are 55 or younger with a federal subsidy to buy health insurance on the open market.

Republicans say that makes Medicare sustainable with savings created by lower annual cost increases than traditional Medicare. Critics cite studies that predict the voucher-like plan would mean considerably higher out-of-pocket costs as it is phased in.

As in the past, Ryan has steered clear of cuts to Social Security, and he promises steady increases for veterans and restoration of looming defense cuts.

But he faces a more challenging task in balancing the budget by decade's end than he did last year because the Congressional Budget Office projects lagging revenues.

Steep cuts to Medicaid, which Ryan proposes to turn into a block grant program managed by the states, could drive millions of people from the program, including those in nursing homes and children from low-income households.


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World stocks rise on US jobs data

LONDON — World stock markets pushed higher Wednesday on signs of a pickup in the U.S. economy and expectations of further stimulus in Japan.

The ADP payrolls firm said private employers added 191,000 jobs in March. The upbeat figure comes ahead of the official jobs report from the U.S. government on Friday. It also follows an upbeat report on U.S. manufacturing activity and data showing factory orders rose the most in five months in February.

European markets closed higher, with Germany's DAX up 0.3 percent to 9,630.80 and Britain's FTSE 100 0.2 percent higher at 6,663.47. France's CAC 40 gained 0.2 percent to 4,434.90.

On Wall Street, the Dow was up 0.1 percent at 16,548.60 and the S&P 500 rose further into record territory, adding 0.2 percent to 1,888.81.

"If sentiment is a key component in driving price around, I should think these markets can continue higher," Chris Weston, IG's chief strategist said in a market commentary.

Earlier, in Asia, Tokyo's Nikkei 225 led the gains, rising 1 percent to 14,946.32 after a weak outlook for companies raised hopes the Bank of Japan would launch additional monetary stimulus in coming months.

Hong Kong's Hang Seng rose 0.3 percent to 22,523.94 and South Korea's Kospi edged 0.3 percent higher to 1,997.25.

In China, the Shanghai Composite rose 0.6 percent to 2,155.70 as investors continued to shrug off two reports that signaled weakness in manufacturing.

Sydney's S&P/ASX 200 gained 0.3 percent and Indian stocks extended a rally ahead of elections set to start next week, with the Sensex rising 0.4 percent.

In currencies, the euro fell 0.2 percent to $1.3765 and the dollar gained 0.1 percent to 103.79 yen.

Benchmark U.S. crude for May delivery was down 19 cents at $99.55 a barrel in electronic trading on the New York Mercantile Exchange.


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Global growth drives Monsanto's 2Q higher

ST. LOUIS — Monsanto's second-quarter earnings jumped 13 percent on strength from its core seeds and traits business.

The agriculture products company topped Wall Street expectations for both profit and revenue, sending shares higher before the opening bell Wednesday.

Monsanto earned $1.67 billion, or $3.15 per share, 7 cents better than what analysts polled by FactSet had projected. A year ago, the company earned $1.48 billion, or $2.73 per share.

The performance was particularly strong, given the slow start to a quarter in which winter storms delayed shipments.

Chairman and CEO Hugh Grant said that almost 80 percent of Monsanto's quarterly growth came from its core seeds and traits business.

Revenue climbed 7 percent to $5.83 billion, just edging out Wall Street projections.

The expansion of the company's global corn and soybean businesses drove sales throughout the most recent quarter.

Monsanto Co. has dominated the bioengineered-seed business for years and recently began expanding its footprint in emerging markets like Argentina, Brazil and parts of Asia.

While the vast majority of Monsanto's business comes from genetically enhanced seeds and herbicide, the company is also making investments in computerized tools for the agricultural sector.

Last quarter the company announced a new agreement with U.S agricultural distributor WinField to explore collaborations on agriculture-based information technology. And in October, it spent $930 million to acquire the Climate Corporation, a Silicon Valley startup that uses weather forecasting and data analysis to increase harvest yields.

The St. Louis company reaffirmed its 2014 forecast for earnings of $5 to $5.20 per share. Wall Street is looking for $5.24 per share.

Shares of Monsanto added 94 cents to reach $114.50 Wednesday.


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Stocks edge higher after ADP employment survey

NEW YORK — Stocks edged higher in midday trading Wednesday after a private survey showed that U.S. companies increased hiring at a rapid pace. The report is the latest sign that the economy is strengthening after an unusually harsh winter.

KEEPING SCORE: The Standard & Poor's 500 rose three points, or 0.2 percent, to 1,889 as of noon Eastern time. The index is at an all-time high. The Dow Jones industrial average gained 18 points, or 0.1 percent, to 16,550. The Nasdaq composite rose seven points, or 0.2 percent, to 4,275.

NOW HIRING: A private survey showed that U.S. companies increased hiring at a rapid pace last month. Payroll processer ADP said private employers added 191,000 jobs in March. ADP also revised February's job creation up to 153,000 from the 139,000 figure reported earlier. The report comes ahead of the government's monthly jobs report, scheduled to be released on Friday.

MANUFACTURING STRENGTH: There was more encouraging news on manufacturing Wednesday as the Commerce Department reported that orders to U.S. factories rose 1.6 percent in February, the most in five months. On Tuesday the S&P 500 closed at a record high after the Institute for Supply Management said its manufacturing index rose in March.

SLUMPING ENROLLMENT: Apollo education slumped $2.82, or 8 percent, to $32.36 after the company reported revenue that fell short of investor's expectations. The company said new student enrollment at its University of Phoenix fell drank 16.5 percent.

HEALING POWER: MannKind soared $3.03, or 75.6 percent, to $7.06 after FDA advisers voted unanimously to recommend approval of the drug Afrezza, a fast-acting insulin, for patients with the most common form of diabetes. MannKind has no products on the market and lost more than $191 million last year.

TITANS OF INDUSTRY: Industrial companies were among the leading gainers in the S&P 500 index on Tuesday. The sector has gained 3 percent over the last week, as signs have emerged that manufacturing is strengthening. That makes it the second-best performer of the 10 industry groups that make up the S&P 500.

"The market is confirming what we're starting to see in the numbers, which is that we're going to get a bit of a lift," said Liz Ann Sonders, chief investment strategist at Charles Schwab.

BONDS AND COMMODITIES: Government bonds fell after the ADP report. The yield on the 10-year Treasury note climbed to 2.80 percent from 2.75 percent. The price of oil fell 64 cents, or 0.6 percent, to $99.10 a barrel. Gold rose $12.10, or 0.9 percent, to $1,292 an ounce.


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AP Interview: Yanukovych was 'wrong' on Crimea

ROSTOV-ON-DON, Russia — In his first interview since fleeing to Russia, Ukraine's ousted president said Wednesday that he was "wrong" to have invited Russian troops into Crimea and vowed to try to persuade Russia to return the coveted Black Sea peninsula.

Defensive and at times teary-eyed, Viktor Yanukovych told The Associated Press and Russia's state NTV television that he still hopes to negotiate with Russian President Vladimir Putin to get the annexed region back.

"Crimea is a tragedy, a major tragedy," the 63-year-old Yanukovych said, insisting that Russia's takeover of Crimea wouldn't have happened if he had stayed in power. He fled Ukraine in February after three months of protests focused on corruption and on his decision to seek closer ties to Russia instead of the European Union.

Yanukovych denied the allegations of corruption, saying he built his palatial residence outside of Kiev, the Ukrainian capital, with his own money. He also denied responsibility for the sniper deaths of about 80 protesters in Kiev in February, for which he has been charged by Ukraine's interim government.

As the world has watched the tumultuous events in Ukraine, Yanukovych has been a bit of a ghost, even as he has insisted he is still the country's true leader. While Putin has been openly dismissive of Yanukovych, the Russian president has also described him as the legitimate leader and his ouster as illegal.

Yanukovych's statement about Crimea appeared to represent an attempt to shore up at least some support in his homeland, where even his supporters have deserted him.

Russia annexed Crimea last month following a hastily called referendum held two weeks after Russian troops took control of the region. Ukraine and the West have rejected the vote and the annexation as illegal.

While Russia can hardly be expected to roll back its annexation, Yanukovych's statement could widen Putin's options in the talks on settling the Ukrainian crisis by creating an impression that Moscow could be open for discussions on Crimea's status in the future.

Yanukovych has now lost the Ukrainian presidency twice in the past decade. In 2004, his presidential win was thrown out after the Orange Revolution protests caused the fraudulent election to be annulled.

Yanukovych said he has spoken with Putin twice by phone and once in person since he arrived in Russia — describing their talks as "difficult" — and hopes to have more meetings with the Russian leader to negotiate Crimea's return to Ukraine.

"We must search for ways ... so that Crimea may have the maximum degree of independence possible ... but be part of Ukraine," he said.

Yanukovych said the Crimean referendum in March — a vote in which residents overwhelmingly voted to join Russia — was a response to threats posed by radical nationalists in Ukraine.

Putin said last month that Yanukovych had asked Russia to send its troops to Ukraine to protect its people — a request seen as treason by many Ukrainians. Asked about the move, Yanukovych said he had made a mistake.

"I was wrong," he said. "I acted on my emotions."

Russian troops quickly overran Crimea, which has an ethnic Russian majority, taking over government and military facilities on the pretext of protecting Russians.

Yanukovych did not answer several questions about whether he would support Russia — which has deployed tens of thousands of troops near the Ukrainian border — moving into Ukraine to protect ethnic Russians, the justification Putin used to take Crimea.

Yanukovych echoed the key Kremlin demand for settling the Ukrainian crisis, pushing for a referendum that could turn Ukraine into a loosely knit federation. He said such a referendum should be followed by constitutional reform, and only after that should Ukraine have a national election.

The interim government in Kiev that took power after him has scheduled a presidential election for May 25.

Yanukovych, who was born in the Donetsk coal-mining region of eastern Ukraine, worked at a metal plant before becoming an industrial manager and rising through the ranks to become a local governor and then prime minister. His critics note his criminal record and say he lacks a proper education to qualify for the country's top job.

After he left the country, crowds of Ukrainians flocked to view his opulent country residence outside of Kiev and were shocked by its extravagant display of wealth amid the country's financial ruin.

On Wednesday, Yanukovych denied any corruption surrounding the estate. He spoke with pride and affection about his collection of dozens of classic cars, saying he had bought them over years. He also said he hadn't seen or used the golden loaf of bread found in his residence that attracted much attention and sarcasm.

He also insisted that he gave no advantages or special privileges to his dentist-turned-billionaire son Alexander, who is said to have amassed a vast fortune during his father's rule and angered other Ukrainian tycoons by taking over some of the country's most profitable assets.

Yanukovych insisted he was reluctant to use force against the protesters who paralyzed Kiev for months, saying he was criticized by his entourage for taking too soft an attitude.

He firmly denied that he gave the orders to shoot the demonstrators in downtown Kiev in February. The government now in power has slapped Yanukovych with criminal charges in connection with those deaths.

The long-time politician said he hopes to return to Ukraine someday, but didn't offer any details on how he could reclaim power.

With tears welling in his eyes, Yanukovych said he was ready to sacrifice his life during the escalating protests but realized that doing so would be simply a gift to the "neo-fascists" who he said seized power by force. He claimed they machine-gunned his convoy as he was leaving the Ukrainian capital.

"I didn't want to give them my life just for nothing," he said.


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BlackBerry ending US licensing deal with T-Mobile

NEW YORK — BlackBerry is ending its U.S. licensing deal with T-Mobile, saying the companies no longer have complementary strategies.

The disconnect appears to be related to a T-Mobile promotion that BlackBerry took issue with last month.

In a blog post in February, BlackBerry CEO and Executive Chair John Chen said that T-Mobile had emailed an offer targeting BlackBerry users on its network asking them to switch their BlackBerry devices to a competitor's smartphone. Chen said that BlackBerry had not been told of T-Mobile's plans in advance and thanked its customers for expressing their displeasure. Chen told its customers that BlackBerry was upset about the offer and that T-Mobile hadn't spoken with the Canadian company before or after launching the promotion.

BlackBerry's existing licensing agreement with T-Mobile U.S. Inc. expires on April 25.

Once the deal ends, BlackBerry customers on the T-Mobile network shouldn't see any change in their service or support, Blackberry said.

BlackBerry Ltd., formerly known as Research In Motion, said that it will work with T-Mobile to help any BlackBerry customers remaining on the T-Mobile U.S. network or any customers buying devices from T-Mobile's existing inventory.

BlackBerry said it's also working with its other carrier partners to give its customers options should they want to switch to another carrier.

Chen said in a statement that the company hopes to work with T-Mobile again when their business strategies align.

The BlackBerry, pioneered in 1999, had been the dominant smartphone for on-the-go business people and other consumers before the iPhone debuted in 2007 and showed that phones can handle much more than email and phone calls. The BlackBerry has also been hurt by competition from Android-based rivals.

On Friday the company reported mixed fourth-quarter results as its adjusted loss was better than expected, but revenue — which dropped below $1 billion for the first time since late 2007 — fell short of analysts' expectations.

BlackBerry is transitioning its business from a smartphone company to a software business under Chen, who is deemphasizing the hardware business after last year's launch of the BlackBerry 10 failed to spark a turnaround.

Chen, who is credited with turning around Sybase, a data company that was sold to SAP in 2010, is putting more emphasis on BlackBerry's mobile device management business, a collection of software that allows IT departments to manage different devices connected to their corporate networks. He is also emphasizing BlackBerry's popular BlackBerry Messenger application that is now also available on Apple and Android devices. And he is trying to highlight Blackberry's embedded QNX software systems, which are used in-vehicle infotainment systems and industrial machines.

BlackBerry's stock rose 9 cents to $8.19 in midday trading Wednesday. Its shares are up almost 9 percent so far this year.


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State wants new environmental study at casino site

BOSTON — Massachusetts officials have ordered Mohegan Sun to conduct a new environmental impact study for its proposed casino in Revere, but the developers don't see it as a setback.

Mohegan Sun officials had hoped that an earlier report prepared by Caesars Entertainment for a casino that would have straddled the East Boston-Revere line at the Suffolk Downs horse track would be enough. That proposal collapsed.

But Energy and Environmental Affairs Secretary Richard Sullivan Jr. said the plan has changed substantially from Caesars' and must be evaluated separately.

Mohegan Sun is competing with Wynn Resorts, which wants to build a casino on a former industrial site in Everett, for the lone gambling license in greater Boston.

Mohegan Sun officials said they have already been reviewing the issues raised in Sullivan's decision and can easily address most concerns. If awarded a license, they can begin construction on scheduled, they said.

"Friday's decision keeps the Mohegan Sun project on track to meet or exceed the permitting and contribution timetable detailed in our submissions with the Massachusetts Gaming Commission," Gary Luderitz, Mohegan Sun's vice president of development, told The Boston Globe (http://b.globe.com/1gnw8lT ).

The gambling commission, which expects to award a license by the end of June, does not require applicants to have approved environmental impact studies to receive a license, but they do need approval before construction begins.

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Information from: The Boston Globe, http://www.bostonglobe.com


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Microsoft reveals Siri-like Windows Phone feature

NEW YORK — Microsoft is showcasing a new virtual assistant as part of an upcoming update for Windows phones.

The assistant, named Cortana, tries to be chatty like Siri on Apple's iPhones and iPads, while anticipating information you might want, like Google Now on Android devices.

Cortana will warn you of conflicts when you add items to your calendar, and it will remind you to ask about the new dog your sister just got the next time you communicate with her, whether that's by phone, chat or email. It will offer to remind you of upcoming travel by scanning your email.

Microsoft Corp. unveiled Cortana on Wednesday. It also announced a new Action Center for the Windows Phone system as a hub for app notifications and information such as remaining battery life.


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