2011/08/31

NCAA: 8 Miami players must sit out games (AP)

CORAL GABLES, Fla. – For Miami coach Al Golden, there is relief.

And for the Hurricanes implicated in an extra-benefits scandal, there will be a return to the field this season.

The NCAA said Tuesday that quarterback Jacory Harris and 11 other Hurricanes who accepted benefits from former booster Nevin Shapiro may play with some conditions — the first sanctions in a scandal that overshadows the program.

Three players who accepted benefits as recruits were hit hardest, a six-game ban for Olivier Vernon and four-game penalties for Ray Ray Armstrong and Dyron Dye.

"I think it was probably fair," Golden told The Associated Press in response to the NCAA ruling. "Clearly, whatever transpired, it wasn't as over-the-top as everybody was initially reporting and all of those things. The NCAA and the university felt there was mistakes made ... and I've accepted that. And now we're moving forward."

In all, 12 players must pay restitution and eight will miss at least one game.

Miami opens its season at Maryland on Monday night.

The Hurricanes still might face many more penalties as the NCAA's investigation into Miami's compliance practices continues.

Miami is one of a growing list of schools with major football programs to be investigated by the NCAA for rule-breaking in the past 18 months, a club that includes Southern California, Ohio State, Auburn, Oregon, Michigan, North Carolina, Georgia Tech and LSU.

"Our members have continually stressed that involvement of third parties during recruitment will not be tolerated," NCAA vice president of academic and membership affairs Kevin Lennon said.

The scandal broke days after NCAA President Mark Emmert led a group of university presidents — including Miami's Donna Shalala — in drafting an outline for change in college sports. When the allegations against Miami became public, Emmert said if they were proven, they could further show that the system needs repair.

Around the ACC, a similar sentiment is being shared.

"The Miami thing, that's a great example," said Georgia Tech coach Paul Johnson, whose team had to vacate its 2009 ACC title because it used an ineligible player. "If there's kids there that did it ... they need to get punished. But if it goes back to 2002 and all those guys are gone, nothing is going to happen to them. What's going to happen is to the 80 percent of the kids who are there who didn't know anything about it or the coach who didn't know anything about it."

Harris, Sean Spence, Travis Benjamin, Marcus Forston and Adewale Ojomo — all likely Miami starters — must sit out one game after it was determined they accepted benefits after enrolling at the school. Four other players must repay small amounts, all under $100, but will not miss any games.

"They understand that their actions demand consequences," Miami athletic director Shawn Eichorst said.

A 13th player, Marcus Robinson, was vindicated of wrongdoing, the university said.

The players who have to miss games may practice with the team during their suspensions.

"It's nice to have it out there now," Miami center Tyler Horn said. "There's no suspense in the air. We know what we have. We know what we're taking to Maryland."

Said Golden: "I'm relieved. I think that's a fair assessment."

The NCAA's ruling means Stephen Morris — who led Miami past the Terrapins last season — will be at quarterback for the Hurricanes to start the season. Harris, Spence, Benjamin, Forston and Ojomo all will be eligible to play when Miami hosts Ohio State on Sept. 17.

"They'll still be motivating us," left tackle Joel Figueroa said. "We're going to welcome them back with open arms, and we know they'll be ready to perform when the time comes."

The process of evaluating the eligibility of Miami student-athletes might not be over yet. Shalala revealed last week that university compliance personnel were investigating 15 student-athletes.

Of those, 13 were addressed by Tuesday's football decisions. A 14th is believed to be basketball player DeQuan Jones, who was also implicated by Shapiro's claims to Yahoo Sports. The identity of the 15th is unknown.

Also Tuesday, senior wide receiver Aldarius Johnson — who was also implicated by Shapiro, but not named in Tuesday's NCAA statement — was suspended indefinitely for a violation of team rules.

"We clearly have identified what our travel team is now," Golden said. "Everybody's going to get their roles (Wednesday) and by 7 a.m. we're going to be back on the practice field. That's been kind of our sanctum anyway. That's been the safest place for us this whole time."

The NCAA said Vernon must repay more than $1,200 because as a recruit he accepted things such as access to Shapiro's suite at a Miami home game, drinks and cover charges at two different nightclubs. Vernon was one of 72 Miami players and recruits that Shapiro claimed he provided benefits to during an eight-year span, allegations he detailed in a Yahoo Sports story published Aug. 16.

Armstrong must repay $788, the believed worth of his extra benefits, while Dye will pay $738.

Forston, the NCAA said, received more than $400 in things such as "athletic equipment, meals, nightclub cover charges and entertainment at a gentleman's club." Spence received about $275 in benefits, Ojomo $240, Benjamin more than $150 and Harris more than $140.

Brandon McGee, JoJo Nicholas, Vaughn Telemaque and Micanor Regis all must pay less than $100 for taking various impermissible benefits. Regis was not one of the players Shapiro said accepted benefits. The sanctions of those four players were announced by the university, which is operating a joint investigation with the NCAA.

"I'm glad that chapter is closed," Golden said. "I'm proud of our guys. I think they were, from every report I've gotten, were honest and forthright. And now we get ready for the University of Maryland."


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U.S. moves to block AT&T, T-Mobile deal (Reuters)

WASHINGTON/NEW YORK (Reuters) – The U.S. government sued to block AT&T's $39 billion deal to buy T-Mobile USA because of anti-competition concerns, launching the biggest challenge to a takeover by the Obama administration.

A failed deal would be expensive for AT&T, which plans to fight the government's decision in court. It promised to pay a breakup fee worth an estimated $6 billion, including $3 billion in cash, spectrum and a roaming agreement for T-Mobile USA.

The Justice Department, in a lawsuit filed on Wednesday, said eliminating T-Mobile as a competitor would be disastrous for consumers and would raise prices, particularly because the smaller provider offers low prices.

"Unless this merger is blocked, competition and innovation will be reduced, and consumers will suffer," said Sharis Pozen, acting head of the Justice Department's antitrust division.

AT&T will fight the decision in court, said company lawyer Wayne Watts, who added that the Justice Department had given the company no indication that it was contemplating such a move.

The company has argued the deal would let it add capacity and meet demand for high-speed wireless service.

"Clearly AT&T didn't expect this," said Pacific Crest Securities analyst Steve Clement. "It changes things for them with respect to the spectrum flexibility they'd have. They're going to have to be in the market to buy incremental spectrum."

The deal falling through might prompt Sprint Nextel Corp, the smallest of the top three U.S. carriers, to consider buying T-Mobile, a unit of Germany's Deutsche Telekom AG, he added.

AT&T shares fell $1.26, or more than 4 percent, to $28.35. Stock in rival Sprint rose 9 percent to $3.85.

BIGGEST CHALLENGE

The deal also would need the approval of the Federal Communications Commission, which regulates wireless telecommunications. On Wednesday, FCC Chairman Julius Genachowski said he is concerned about the deal's impact on competition.

The lawsuit is the biggest challenge to a takeover by the Obama administration, which includes former AT&T executive William Daley as Commerce Secretary.

"It's mixed for Sprint. On the one hand, they were potentially going to lose T-Mobile USA as a competitor at the low end of the market," Clement said. "Now it's going to face a T-Mobile that's in a better position prior to the merger proposal, with extra cash and spectrum and a new roaming agreement with AT&T." (Additional reporting by Diane Bartz in Washington and Nadia Damouni in New York. Writing by Edwin Chan. Editing by Robert MacMillan)

(This story corrects eighth paragraph to show Sprint might consider buying T-Mobile, not Deutsche)


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Gaddafi loyalists under fire as Libya celebrates (Reuters)

TRIPOLI/TAWARGA, Libya (Reuters) – Libyan forces backed by NATO bombers struck at loyalist troops dug in around Muammar Gaddafi's hometown on Wednesday, as refugees streamed out of the besieged bastion fearing a bloody showdown in the coming days.

As people in Tripoli and other cities marked the end of the Muslim fasting month of Ramadan with special savor following the end of 42 years of one-man rule, anti-Gaddafi fighters at the front around the coastal city of Sirte kept up pressure on its defenders, whom they have given till Saturday to surrender.

NATO said its planes bombed Gaddafi forces near Sirte on Tuesday, targeting tanks and other armored vehicles as well as military facilities. They also hit targets in the area of Bani Walid, another Gaddafi stronghold 150 km (100 miles) southeast of Tripoli. Anti-Gaddafi fighters said on the same day that they had advanced to within 30 km (20 miles) of the desert town.

On Wednesday NTC fighters said they clashed with Gaddafi forces patrolling in the area west of Sirte.

At Tawarga, west of Sirte, civilians streamed in laden vehicles along the coastal highway, some flying white flags.

Passing through a checkpoint set up by the forces of the interim ruling council, the NTC, many of the refugees said they feared a major battle, since they did not expect those holding Gaddafi's tribal homeland to give up without a fight.

"I need to take my family where it is peaceful. Here there will be a big fight," said one man, who gave his name as Mohammed.

Ali Faraj, a fighter for the opposition forces which forced Gaddafi into hiding last week, said he doubted people in Sirte would willingly join the revolt: "There will be a big fight for Sirte. It's a dangerous city. It's unlikely to rise up. A lot of people there support Gaddafi. It's too close to Gaddafi and his family. It is still controlled by them."

There is no independent confirmation of conditions in Sirte, which was developed into a prosperous city of 100,000 during the 42 years Gaddafi ruled Libya. NTC officials say power and water are largely cut off and supplies are low.

In Tripoli, after dawn, worshippers packed Martyrs' Square, which was named Green Square in the Gaddafi era, chanting "Allahu Akbar (God is greatest), Libya is free."

Fighters on rooftops guarded against any attack by Gaddafi loyalists and sniffer dogs checked cars. Even the interim interior minister, Ahmed Darat, was searched.

"This is the most beautiful Eid and most beautiful day in 42 years," said Hatem Gureish, 31, a merchant from Tripoli.

"Gaddafi made us hate our lives ... We come here to express our joy at the end of 42 years of repression and deprivation."

Fatima Mustafa, 28, a pregnant woman wearing a black chador, said: "This is a day of freedom, a day I cannot describe to you. It's as if I own the world. I'm glad I haven't given birth yet so my daughter can be born into a free Libya."

But the war is not over yet, with Gaddafi on the run and his loyalists defying an ultimatum set by Libya's interim council.

SATURDAY ULTIMATUM

Libyans who revolted against Gaddafi in February needed NATO air power to help them win, but, given their country's unhappy colonial history, they remain wary of foreign meddling.

Their interim leaders, trying to heal a nation scarred by Gaddafi's cruelly eccentric ways, may want United Nations help in setting up a new police force, but see no role for international peacekeepers or observers, a U.N. official said.

"They are very seriously interested in assistance with policing to get the public security situation under control and gradually develop a democratically accountable public security force," Ian Martin, special U.N. envoy for post-conflict planning in Libya, said at the United Nations in New York.

"We don't now expect military observers to be requested," he said. "It's very clear that the Libyans want to avoid any kind of military deployment of the U.N. or others."

The National Transitional Council (NTC), keen to assert its grip and relieve hardship after six months of war, won a $1.55 billion cash injection when the U.N. sanctions committee released banknotes in Britain in frozen Gaddafi accounts.

France has asked the committee to unfreeze 1.5 billion euros

($2.16 billion) of Libyan assets in France, a French government source said on Wednesday, adding that Libya has 7.6 billion euros of assets parked in French banks.

"FRIENDS OF LIBYA"

The source also said that Russia and China, which have not formally recognized the NTC, would send representatives to a "Friends of Libya" conference in Paris on Thursday to discuss support for political and economic rebuilding.

The timing of the meeting, on September 1, strikes a chord for many Libyans, who for four decades have been obliged to celebrate the date as the anniversary of the military coup that brought Colonel Gaddafi to power in 1969.

Despite the killing and shortages of fuel, power and water that Tripoli has endured since Gaddafi's fall, worshippers in Martyrs' Square were mostly ebullient about the future.

But Nouri Hussein, 42, an engineer, said that while he was glad Gaddafi was gone, he feared the guns in the hands of unruly fighters: "There is apprehension about what next. The rebels should not be blinded with the ecstasy of victory."

NTC leaders have told their forces to treat prisoners with respect -- in contrast with the reported killing and torture of detainees by Gaddafi's forces -- but Amnesty International said its staff had seen anti-Gaddafi fighters threaten and detain wounded opponents, notably black Libyans and foreigners.

"The council must do more to ensure that their fighters do not abuse detainees, especially the most vulnerable ones such as black Libyans and sub-Saharan Africans," Amnesty's Claudio Cordone said in a statement after one incident in Tripoli.

"Many risk reprisals as a result of allegations that Gaddafi forces used 'African mercenaries' to commit widespread violations during the conflict," the lobby group added.

(Additional reporting by Mohammed Abbas in Tripoli, Emma Farge, Robert Birsel and Alex Dziadosz in Benghazi, John Irish in Paris, Justyna Pawlak in Brussels and Giles Elgood, Richard Valdmanis and Alastair Macdonald in Tunis; Writing by Alistair Lyon and Alastair Macdonald)


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Some U.S. firms paid more to CEOs than taxes: study (Reuters)

WASHINGTON (Reuters) – Twenty-five of the 100 highest paid U.S. CEOs earned more last year than their companies paid in federal income tax, a pay study by a Washington think tank said on Wednesday.

At a time when lawmakers are facing tough choices in a quest to slash the national debt, the Institute for Policy Studies, a left-leaning group, said it also found many of the companies spent more on lobbying than they did on taxes.

The senior Democrat on the House of Representatives oversight committee, Elijah Cummings, called for hearings on executive compensation "to examine the extent to which the problems in CEO compensation that led to the economic crisis continue to exist today."

Several companies mentioned in the report took issue with its methodology and said they paid all taxes owed.

General Electric spokesman Andrew Williams called the study "inaccurate" and noted it did not include significant income taxes paid in 2010 for previous years, or state taxes paid. "GE pays what it owes," he wrote in an e-mail response to questions.

Boeing spokesman Chaz Bickers said the study is "simply wrong".

Instead of Boeing's reported "U.S. federal current tax expense" of $13 million which the IPS used, he said a better approximation of the company's taxes paid would be the $360 million it reported as its net income tax payments, most of which, he says, was federal.

"On federal cash tax payments last year we paid in the hundreds of millions," Bickers told Reuters. The company also received a $371 million credit from the government last year for overpayment of taxes in the past, and has added 5,000 U.S. jobs this year Bickers says, in part because of Federal tax breaks.

The institute compared CEO pay to current U.S. taxes paid, excluding foreign and state and local taxes that may have been paid, as well as deferred taxes which can often be far larger than current taxes paid.

The group's rationale was that U.S. taxes paid are the closest approximation in public documents to what companies may have actually written a check for last year. It said deferred taxes may or may not be paid.

The accounting used in SEC filings differs from the accounting used to tally what's owed on a corporate tax return. Neither the IPS number nor the figure cited by Boeing exactly equals the check written to the IRS, says Scott Dyreng, an assistant professor at Duke's Fuqua School of Business who studies corporate taxes, and though companies could disclose that figure, don't have to and don't do so.

$16.7 MILLION AVERAGE

Compensation for the 25 CEOs with pay surpassing corporate taxes averaged $16.7 million, according to the study, compared to a $10.8 million average for S&P 500 CEOs. Among the companies topping the IPS list:

* eBay whose CEO John Donahoe made $12.4 million, but which reported a $131 million refund on its 2010 current U.S. taxes.

* Boeing, which paid CEO Jim McNerney $13.8 million, sent in $13 million in federal income taxes, and spent $20.8 million on lobbying and campaign spending

* General Electric where CEO Jeff Immelt earned $15.2 million in 2010, while the company got a $3.3 billion federal refund and invested $41.8 million in its own lobbying and political campaigns.

Though the companies come from different industries, their tax breaks fall into two primary areas.

Two-thirds of the firms studied kept their taxes low by utilizing offshore subsidiaries in tax havens such as Bermuda, Singapore and Luxembourg. The remaining companies benefited from accelerated depreciation.

Shareholders have responded favorably when companies in which they invest keep a tax bill low through legal methods, thereby benefiting earnings. But Chuck Collins, an IPS senior scholar and co-author of the report, said that is a mistake.

"I think it's an exposure of weakness in a company if their profitability is dependent on their accounting department and not on making better widgets," he said.

In prior reports, Collins said, out-sized CEO pay was often a red flag of bigger problems to come. The IPS has been putting a pay report together for 18 years. Among those whose leaders have made the high pay list in years past, only to have their businesses falter: Tyco, Enron and WorldCom.

(Reporting by Nanette Byrnes; Editing by Howard Goller, Todd Eastham and Jackie Frank)


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Data shows softening in economy, no recession (Reuters)

NEW YORK (Reuters) – The pace of U.S. private sector job growth slowed in August for the second month in a row, but factory activity in the Chicago area continued to expand, suggesting the economy would dodge a recession.

Private employers added 91,000 positions this month, payrolls processor ADP National Employment said on Wednesday, broadly in line with expectations.

Separately, the Institute for Supply Management-Chicago said its business barometer fell to 56.5 in August, the lowest since November 2009, from 58.8 the month before.

Still, it was better than economists' forecasts for a reading of 53.5, and suggested that factory activity might not be slowing as fast as had been flagged by other regional manufacturing surveys.

Orders for manufactured goods increased 2.4 percent in July after a 0.4 percent fall in June, the Commerce Department said in a third report.

"For those of us who don't believe the economy is in a free fall, we have got some support, said David Resler, chief economist at Nomura Securities International in New York.

"It is consistent with the belief ... that manufacturing activity is advancing, but it is advancing unevenly across regions."

But the Institute for Supply Management's index of national manufacturing activity probably fell to 48.5 in August, according to a Reuters survey, from 50.9 in July. A reading below 50 indicates a contraction in manufacturing.

The August ISM survey will be published on Thursday.

Major U.S. stock indexes added to gains after the factory data, while U.S. government debt prices fell. The dollar rose against the yen and the euro.

The ADP figures come ahead of the U.S. government's much more comprehensive labor market report on Friday, which includes both public and private sector employment.

While the ADP report has a poor track record of predicting the national nonfarm employment count, it suggested that businesses had not responded to the sharp stock market sell-off and loss of both business and consumer confidence this month by holding back on hiring.

Nonfarm payrolls are expected to have increased 75,000, according to a Reuters survey, slowing from July's 117,000 rise. The anticipated slowdown in payrolls growth will largely be the result of a strike at Verizon Communications.

"The non-farm payrolls figure is still likely to be a bit weaker because it will be affected by the strike by 45,000 Verizon workers last month," said Paul Ashworth, chief U.S. economist at Capital Economics in Toronto.

"The ADP survey counts people as employed as long as they were on the payroll, whereas the official payroll survey only counts people as employed if they were paid during their normal pay period that includes the 12th of the month."

While fears the economy is falling back into recession have increased this month, some of the recent data has been consistent with a slow-growth scenario rather than a contraction.

Slower than expected economic growth has fueled speculation the Federal Reserve could launch another round of bond buying -- known as quantitative easing -- but such a move would likely face political opposition both domestically and abroad.

A separate report earlier on Wednesday showed the number of planned layoffs at U.S. firms declined in August after rising for three months in a row, but the cuts were still up sharply from a year ago amid government job losses.

Employers announced 51,114 planned job cuts, down 23 percent from 66,414 in July, according to the report from consultants Challenger, Gray & Christmas, Inc. July's figure had been a 16-month high.

The Mortgage Bankers Association said on Wednesday applications for U.S. home mortgages tumbled last week as demand for refinancing sagged for the second week in a row.

(Reporting by Leah Schnurr and Lucia Mutikani)


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AP Exclusive: Japan nuke holdout resolved to stay (AP)

TOMIOKA, Japan – Vines creep across Tomioka's empty streets, its prim gardens overgrown with waist-high weeds and meadow flowers. Dead cows rot where they were left to starve in their pens. Chicken coops writhe with maggots, a sickening stench hanging in the air.

This once-thriving community of 16,000 people now has a population of one.

In this nuclear no-man's land poisoned by radiation from a disaster-battered power plant, rice farmer Naoto Matsumura refuses to leave despite government orders. He says he has thought about the possibility of getting cancer but prefers to stay — with a skinny dog named Aki his constant companion.

Nearly six months after Japan's catastrophic earthquake and tsunami, the 53-year-old believes he is the only inhabitant left in this town sandwiched between the doomed Fukushima Dai-ichi nuclear power station to the north and another sprawling nuclear plant to the south.

"If I give up and leave, it's all over," he told The Associated Press. "It's my responsibility to stay. And it is my right to be here."

Matsumura is an anomaly in a country where defiance of the government is rare and social consensus counts above everything else. Yet, Matsumura's quiet civil disobedience speaks loudly of the dilemma facing the more than 100,000 silent "nuclear refugees" who were displaced by the March 11 disaster.

Tokyo was quick to establish evacuation zones around the plant but has been slow to settle the refugees. A government order forbids them from going back to their homes in a half dozen towns around Fukushima Dai-ichi that were declared off-limits after the tsunami-stricken nuclear plant started spewing radioactivity.

"We are already being forgotten," said Matsumura, a leathery but clean-cut man with the sturdy build of a farmer. "The rest of the country has moved on. They don't want to think about us."

Tomioka's city hall has been moved to a safer city in Fukushima prefecture, where thousands of its residents live in makeshift shelters. Thousands more have scattered across the country.

The town itself is sealed behind police barriers, which hide the heart of the nuclear no-go zone, an area that is officially too dangerous for human habitation.

Officers are sent into Tomioka each day to search for burglars or violators of the keep-out order. By law, anyone caught inside the zone can be detained and fined.

But authorities mostly turn a blind eye to Matsumura, though he says he has been confronted by the police a few times. If there are other holdouts, they have escaped detection.

"Some people stayed behind, some stayed with me in my house," he said. "But the last one left a few weeks ago. He asked me to take care of his cats."

Tomioka official Tomio Midorikawa, who is in charge of the town's living and environment division, said the last resident was persuaded to leave in early August — the same time Matsumura claims his neighbor left. He was not aware of Matsumura.

Without electricity or running water, Matsumura fires up a pair of old generators each night and draws his water from a local well. He eats mostly canned foods, or fish that he catches himself in a nearby river. He said that once or twice a month, he makes his way to a city outside the zone in his mini pickup truck to stock up on supplies and gas.

He has taken it upon himself to tend to the town's abandoned cats and dogs, including the wolflike Aki.

"I've gone to Tokyo a couple of times to tell the politicians why I'm here," he said. "I tell them that it was an outrage how the cows were left to die, and how important it is for someone to tend to the family graves. They don't seem to hear me. They just tell me I shouldn't be here to begin with."

Matsumura said he did leave once, but the ensuing experience only strengthened his desire to return.

"I drove to a relative's house thinking I would stay there," he said. "But she wouldn't let me in the door, she was too afraid I was contaminated. Then I went to an evacuation center, but it was full. That was enough to convince me to come home."

The tsunami disaster left nearly 21,000 people dead or missing and touched off fires, explosions and meltdowns at the Fukushima nuclear plant. The amount of radioactive cesium released into the environment since has been estimated to be equal to 168 Hiroshimas, making it the worst atomic disaster since Chernobyl.

No one — including Matsumura — is suggesting the exclusion zone be lifted altogether. The connection between radiation and cancer or other health problems is well established, and experts agree it could be decades until the nuclear zone is safe. Some point to the example of Chernobyl, which 25 years later is still mostly void of human life.

"The contaminants will be there for decades, centuries, millennia," said Timothy Mousseau, a biologist with the University of South Carolina who has studied Chernobyl for more than a decade and recently returned from a preliminary research trip to Fukushima.

Even so, local authorities are increasingly frustrated with the lack of progress toward resolving the nuclear Diaspora.

Tamotsu Baba, the mayor of Namie, a partially evacuated town near Tomioka, said in an interview it was reasonable at first for Tokyo to establish a geometric ring extending outward from the center of the plant. But he believes data collected since should be used to fine-tune the exclusion area to reflect the actual amounts of contamination.

"We have invested millions in developing a system to measure radiation," he said. "But it is like the whole thing is being decided by someone behind a desk with a 500 yen ($5) compass."

Further fanning the anger among the displaced, compensation from the government and Tokyo Electric Power Co., the utility that runs the plant, has stalled in a bureaucratic labyrinth.

Before the crisis began, the average annual income in Tomioka was about 3.5 million yen ($35,000).

Matsumura said he has received about 1 million yen ($10,000) in compensation, far less than he would have earned from selling his rice and other produce. TEPCO, reeling financially from the accident, has put off a final decision on further compensation until the plant is stabilized. The money already handed out will be subtracted from the amount it eventually settles on.

Officials say some restrictions may be lifted by the end of the year if the Fukushima reactors are brought to a stable shutdown.

Beyond that, the future remains a mystery.

"There are many tasks ahead before we will be able to return to our town, including decontamination and the rebuilding of our sewage system, roads and infrastructure," Tomioka Mayor Katsuya Endo said in a recent post on the town's website. "But we must maintain our hope, and gradually move forward."

Matsumura now likens himself to the Japanese soldiers who refused to surrender until decades after the end of World War II.

As a heavy rain began to fall, he walked down an overgrown mountain path to his rice paddy. He pulled up a plant by its roots, twisted it between his fingers then tossed it into an irrigation ditch with a resigned sigh.

There will be no cash crop this year. Or maybe ever again.

"It was strange being alone at first, but I am resolved to stay," he said. "I'm getting used to this life."


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Arctic has great riches, but greater challenges (Reuters)

IQALUIT, Nunavut/BAKER LAKE, Nunavut (Reuters) – At the rim of the Arctic Circle in Canada, gold mining firm Agnico-Eagle is learning how tough it is to operate in a remote region with temptingly large, but frustratingly inaccessible, reserves of oil, gas and minerals.

Commentators rarely mention nightmarish logistics, polar bears and steel-snapping cold when they confidently predict that as the Arctic warms up, melting sea ice and shorter winters will open up the expanse to exploration.

But the rosy words obscure the reality of working in an icy wasteland that stretches across Russia, Scandinavia, Alaska and Canada. And rather than making life easier, the warming of the Arctic and the thawing of its permafrost could make operating here even more complicated.

A closer look at the far northern Canadian territory of Nunavut, one of the most promising areas for exploration, reveals challenges so huge that the Arctic may well turn out to be a niche market where big firms with a serious tolerance for risk and adversity develop a handful of major deposits.

For all the talk of a bonanza there is just one mine working in Nunavut today - Agnico-Eagle's Meadowbank operation, which has cost a total of $1.5 billion so far. The gold mine, literally in the middle of nowhere, is surrounded by dikes that keep a series of shallow lakes at bay. Temperatures plunge to minus 50 degrees centigrade (minus 58 Fahrenheit) in winter, bringing with it the risk of almost instant frostbite and mechanical failures.

Most workers have to be flown in, as long as the often foul weather cooperates. The only land access is a gravel road the company built to Baker Lake, a small town 70 miles to the south. The road - which was supposed to cost $275,000 a km to build - came in at $550,000 per km.

It's no surprise that Agnico-Eagle chief executive Sean Boyd concedes such projects are not for the faint of heart.

"With assets up here in the north, you need big tonnage operations, you can't have a small footprint given the cost structure," he said.

SHORT SHIPPING SEASON

There is virtually no infrastructure in Nunavut, a 810,000 square mile (2 million square km) expanse of rock and ice twice the size of western Europe. Dotted across the territory is a largely unskilled aboriginal Inuit population of just 33,000.

Heavy equipment, spare-parts and diesel fuel all arrive during a short summer shipping window, first by barge and then along that costly road.

"It's hard to believe we are in the geographic center of Canada, because simple things like parts for an emergency breakdown have to be flown in," said Agnico-Eagle's President Ebe Scherkus. "What the last 16 months has taught us is there's long-term planning and then there's very long-term planning on a site like this."

In March, a fire destroyed the kitchen and forced the firm to evacuate over 300 employees and operate the mine with a skeleton crew. A new multimillion dollar kitchen will arrive later this summer.

Such travails help explain why Nunavut was for so long an insignificant player, although there are other problems too.

The harsh climate closes down many exploration sites from October to March. Polar bears prowl and snowstorms slash visibility. There is little or no sunlight for three months a year in the far north and low winter temperatures mean metal starts to snap, oil thickens and helicopters stop flying.

Even in the summer months, the weather can be a challenge for pilots. A First Air Boeing B-737 jet crashed near the Nunavut settlement of Resolute Bay on Aug 20, killing 12 people. Eyewitnesses said the area had been foggy at the time.

And if that was not enough, companies will need to work out how to access their sites in warming weather, and how to cope with the gradual thawing of the permafrost, the frozen layer of soil that sits about two meters under the surface.

"We know how to build on permafrost, we know how to build on non-permafrost. What we don't know how to do is build on permafrost that will thaw," said University of Ottawa professor Antoni Lewkowicz, a leading permafrost expert.

SOFTENING PERMAFROST

In parts of the Canadian and U.S. Arctic, buildings are already starting to collapse and roads crumble as the frozen ground warms up.

Yet for all the challenges, high commodity prices are persuading companies to look again at deposits which were once too expensive to exploit and there is something of an exploration boom. Companies spent C$30 million ($30.6 million) on exploration in Nunavut in 1999, a figure that is set to hit C$325 million this year.

Nunavut has significant advantages over its Arctic rivals such as Russia, Alaska and Norway -- land tenure is secure, the politics are stable, the territory is vast and has a nicely varied geology.

"It is what we like to call in exploration elephant country," said Brooke Clements, president of junior mining firm Peregrine Diamonds. "There's still the potential to find really big world class deposits."

Yet geological mapping is grossly inadequate and prospecting from scratch so costly that it's hard know what riches Nunavut may still be hiding.

Peregrine found a promising series of diamond-bearing kimberlite rock formations near Iqaluit after three summers of collecting up to 30 soil samples a day by helicopter, at the cost of C$1,000 per sample.

The federal government, keen to kick-start development, has launched a project to examine 20 relatively small areas deemed to have potential, and then release the data.

"We find a haystack and industry finds the needle," said Linda Richard, the project coordinator. That said, most of the major deposits now under consideration have been known about for decades.

Along with Peregrine and its joint venture partner BHP Billiton, Xstrata, ArcelorMittal, Areva, Newmont and China's MMG are variously pursuing gold, diamonds, iron ore, lead, zinc and uranium in Nunavut.

STAGGERING SUMS NEEDED TO START PRODUCTION

Still, the amount spent on exploration is tiny compared to the staggering sums needed to start production. Newmont has spent $2 billion so far on its Hope Bay gold deposits in western Nunavut and there is no guarantee a mine will ever be built.

Baffinland, owned 70 percent by ArcelorMittal, is proposing to invest C$4.1 billion on a 149 km railway and two ports - not to mention a special fleet of huge ships - to exploit the huge Mary River iron ore deposit on Baffin Island. This is slated to produce 21 million tons of ore a year for 21 years.

The message is clear: Nunavut is not the place for small fry.

"It is inherently the case that operating in the North ... is more expensive and so it's generally the larger organizations that can take on those green field developments," said Baffinland president Tom Paddon.

Baffinland's proposed railway is in an area of relatively cold permafrost, but that could change.

"They certainly have to be taking climate change into consideration ... It's not a terribly warm place but the potential is that it could become a great deal warmer in the next century," said Lewkowicz.

"There's a real economic question, as well as a science and engineering question, associated with building on permafrost that if not going to thaw, is at least going to warm."

One solution is to drive piles deep into the frozen layers to support roads, buildings and railways. The other is to install a series of costly thermosiphons, giant special coolers that help keep the ground firm.

"The economics of a mine up here are a lot different than the economics of a mine somewhere else down south," said Bernie MacIsaac, head of Nunavut operations for the federal Aboriginal Affairs and Northern Development ministry.

SUMMER SWAMPS

The warming climate will also hit drilling firms, which produce samples that determine if a mine is built. Permafrost is covered in a layer of soil that can quickly turn to swamp in summer, making it hard to operate tracked vehicles or move around without using helicopters.

"The warmer it gets, the tougher it gets ... For every dollar you spend on drilling you spend two on helicopters," said Francis McGuire of Canada-based Major Drilling, one of the world's largest drilling firms.

"We like things for us to be fairly cold because we want things to freeze ... We want a bit of snow, particularly on ice, because a bit of snow will insulate the ice, but we don't want a lot of snow because then we can't move."

Although snowfall could increase as temperatures rise, Nunavut is currently so dry and cold that the average snow cover is only around 2 feet (0.6 meter) in winter, when frozen lakes and rivers can be turned into ice roads for the heavy trucks that supply the mines.

One such road, stretching 370 miles to the Diavik and Ekati diamond mines in the Northwest Territories and then to the abandoned Jericho diamond mine in western Nunavut, costs around C$35 million a year and operates for around eight to 10 weeks.

A warming Arctic could shrink the season and drive up costs. Indeed, one reason given for Jericho's closure in 2008 was the unusually short life of the ice road in 2006, which meant some equipment had to be flown in. The University of California predicts that by 2050, increasing temperatures mean Canada could lose nearly 155,000 square miles (400,000 square km) of land accessible by winter road, an area slightly larger than Germany.

"With the ice melting and thinning and forming fewer months throughout the year, that could cause serious, serious nightmares for exploration in the North," said Benoit Beauchamp, who heads the Arctic Institute of North America at the University of Calgary.

And global warming will not necessarily help shipping. At the top of the world lies a permanent ice cap which is continually trying to force chunks of rock-hard permanent ice down into shipping channels. A large ice plug currently blocks the way but if it were to melt there would be nothing to stop icebergs from moving south and tearing holes into ships.

A more immediate threat is the almost total lack of infrastructure in Nunavut, which has no major ports and only one public road of any length. The departure lounge at Iqaluit's tiny airport is basically a large room and when three flights leave at the same time, as they do most afternoons, the result is mildly chaotic.

Other crucial services are also lacking. Some survivors from the recent crash in Resolute Bay had to be flown to a hospital in the federal capital Ottawa, some 2,100 miles to the south.

WANTED: PORTS, ROADS AND AIRPORTS

"It's ludicrous when you really look at the lack of resources or infrastructure that we have," grumbled Nunavut Premier Eva Aariak. She wants more help from the federal government, which in turn cites financial constraints as well as the lack of a formal land use plan for Nunavut.

After 17 years of negotiations, a draft might be ready later this year. Things move slowly in the North.

Companies gripe about a complex regulatory regime that means it can take years to get approval for projects. The Inuit, torn between the urgent need for jobs and a desire to protect the environment and wildlife they rely on for food, have an effective veto over most development.

Firms wanting to open a mine often have to strike special agreements with the Inuit, typically to cover compensation for environmental disturbances and offer guarantees of employment.

"The upfront capital costs of working in Nunavut for a mining company are very, very high," said Chris Hanks of Newmont. "Are those agreements going to make or break projects? Probably not. But do they figure into the bigger range of economics that do make or break projects? Yes."

Nunavut would not start making real money from royalties until it struck oil. That day seems decades away, even though the U.S. Geological Survey estimates the Arctic as a whole contains 22 percent of the world's undiscovered, technically recoverable resources of oil and gas.

The one area of Nunavut known to contain energy reserves is in and around the ice-clogged waters of Ellef Rignes island - a slab of rock in the far north with the worst weather in Canada.

"It's a terrible place to get to ... It's a bad location; it's just a really difficult place to work," said Keith Dewing, who leads a team of government scientists studying where the most promising energy reserves might be.

"Our level of understanding up there is just not all that great in so many areas ... If someone came to you and said 'Hey, is there a resource there?,' it's embarrassing but you have to say 'You know what? I'm really not sure.'"

Even if oil were discovered in large quantities, it might never be extracted. A spill the size of the Gulf of Mexico disaster would be far tougher to handle, given the lack of infrastructure, the weather and the impact on wildlife which the Inuit rely on.

The Nunavut government, which is keen to develop the economy to help ease serious social problems among the Inuit, seems almost bemused by commentators linking climate change to a surge in mining activity.

"Most of the word that's out there is from (people) who have never visited Canada, (they) say that 'The ice is melting, the ice is gone'. Nothing is going to happen for many years yet ... I've got to say we're quite happy with what's happening now," said Peter Taptuna, minister for economic development.

(All figures U.S. dollars unless otherwise indicated)

(Writing by David Ljunggren; Editing by Cynthia Osterman and Claudia Parsons)


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2011/08/30

Exxon, Rosneft tie up in Russian Arctic, U.S. (Reuters)

SOCHI, Russia (Reuters) – U.S. oil company Exxon and state-owned Russian peer Rosneft are to develop oil and gas reserves in the Russian Arctic jointly, opening up one of the last unconquered drilling frontiers to the global industry No.1.

Tuesday's deal ended any hope British group BP had of reviving a pact with Rosneft to develop the same Arctic territory -- that deal was blocked in May by the billionaire partners in BP's existing Russian venture.

"New horizons are opening up. One of the world's leading companies, Exxon Mobil, is starting to work on Russia's strategic shelf and deepwater continental shelf," Russia's prime minister, Vladimir Putin, said.

Putin attended the signing of the deal in the Black Sea resort of Sochi by Exxon chief executive Rex Tillerson and Russia's top energy official, Deputy Prime Minister Igor Sechin.

Under the deal, Exxon and Rosneft will invest $3.2 billion developing East Prinovozemelsky Blocks 1, 2, and 3 in the Arctic Kara Sea and the Tuapse licensing block in the Black Sea.

Rosneft will own 66.7 percent and Exxon 33.3 percent of a joint venture to develop the blocks, which Exxon said were "among the most promising and least explored offshore areas globally, with high potential for liquids and gas."

"RESET" RESULT

Rosneft said the Kara Sea blocks contained an estimated 36 billion barrels of recoverable oil resources. Total resources were estimated at 110 billion barrels of oil equivalent.

The Black Sea block was estimated to hold 9 billion barrels of oil reserves. First drilling was planned to start in 2015, with Exxon shouldering most of the costs.

"The Russians very quickly had a plan B and plan B was Exxon," said Fadel Gheit, energy analyst at Oppenheimer & Co, referring to the quick switch to Exxon from BP.

The deal marked a turnaround for Exxon in Russia. The U.S. oil giant was widely thought to be on the verge of taking over Yukos, then Russia's largest oil firm, before its head Mikhail Khodorkovsky was arrested in 2003.

Khodorkovsky was subsequently jailed for fraud and tax evasion and Yukos's prime assets bought at bankruptcy auctions by Rosneft, now Russia's industry leader and with enough reserves to cover 27 years of production.

"Politically, it is significant that this is an American company," said Clifford Kupchan, a Russia-watcher at the Eurasia Group. "Three years ago, American companies were being excluded. Here, an American company is at the center of a flagship announcement."

The deal also demonstrated that the "reset" in relations sought by President Barak Obama was working to reduce the significant political risk for U.S. business of investing in Russia, analysts said.

Uncertainty persists over whether Putin or President Dmitry Medvedev will seek the presidency next March. Putin can now show off the deal as a success if he decides to run.

The transaction also marks a comeback for Sechin, who was ousted as Rosneft chairman earlier this year in a purge of state company boards ordered by Medvedev. Sechin estimated total investment in the project at $200-$300 billion.

U.S. UPSTREAM

Rosneft will be offered an equity interest in Exxon exploration projects in North America, including deep-water Gulf of Mexico and fields in Texas, as well as in other countries.

Thus, the deal fulfils the demand for reciprocity so often made by Putin, helping Rosneft, which already works with Exxon offshore Russia's Sakhalin island, toward its long-term goal of being a global energy major.

"That is probably huge for them," said Allen Good, Exxon analyst at Morningstar. "Being able to expand in deepwater and gain some experience and some knowledge from Exxon Mobil will probably benefit them as well as they look to explore offshore in Russia."

There will be no exchange of equity, Sechin told reporters.

The BP deal had called for a $16 billion share swap in which BP would have exchanged a 5 percent stake for 9.4 percent in Rosneft.

"It is the same plan with very small modifications. Instead of exchanging equity stakes with each other, Exxon instead is going to JV them into some of their properties in the U.S.," said Gheit at Oppenheimer.

"Exxon is double or triple the size and market value of BP. So, obviously this would be much more important for a BP than it is for Exxon."

Exxon's coup deals a setback to other international oil majors, after Royal Dutch Shell was named earlier by Putin as a possible partner for Rosneft in the Arctic.

Rosneft shares closed up 1.4 percent in Moscow. Exxon stock traded 1.0 percent weaker.

(Additional reporting by Vladimir Soldatkin, Katya Golubkova, Michael Ermann and Ernest Schneyder; Writing by Douglas Busvine; Editing by Dan Lalor)


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Global stocks at two-week high, rally may stall (Reuters)

LONDON (Reuters) – Global shares edged up to their highest in nearly two weeks on Tuesday, but the rally looked to be running out of steam on the back of concerns over Europe's debt troubles and U.S. growth.

World stock markets, as measured by MSCI, were up 0.17 percent, but European markets were mixed, with Germany's DAX index down half a percent and U.S. futures pointed to a weaker open for Wall Street.

With big-ticket data like U.S. job numbers due later this week, many investors remain uncertain about a recovery in the world's largest economy, leaving risk for a correction in markets still trading at low holiday volumes.

Tepid demand at a bond tender in Italy also did little to quell renewed concerns over the euro zone's debt problems and a banking sector which the IMF has warned should be recapitalized to deal with the fallout of three years of crisis.

"With consumer confidence, the (U.S) ADP jobs report, ISM Manufacturing, jobless claims and nonfarm payrolls report all due in the coming days, there is going to be a lot of nervousness around," said Ben Potter, strategist at IG Markets.

"The market could also be seen as vulnerable given it has rallied ahead of these big economic reports. We think a lot of participants will be employing a 'wait and see' approach as we navigate through the next few days."

The main index of European shares rose 0.8 percent, tracking gains in Asia, but that was largely due to London advancing 2.4 percent as investors caught up with moves elsewhere after a domestic holiday.

Investors are awaiting minutes from the Federal Reserve's last committee meeting later on Tuesday which could offer more clues on divisions among board members over further stimulus measures.

EURO PROBLEMS

While the uncertain recovery in the U.S. dominated trade, euro zone worries remained on investors' radar and were likely to discourage them to betting big on riskier assets.

An Italian bond auction drew weak demand from investors, although yields fell sharply compared to the previous auction in July, largely due to some 43 billion euros in bond purchases by the European Central Bank since.

Traders said the ECB was buying Italian government bonds in the secondary market on Tuesday, to drive borrowing costs even lower, as it beefs up its attempt to ringfence the euro zone's third-largest economy from the debt crisis.

While the ECB's efforts lent some support to the euro, it is unlikely to lift broader concerns that the risk of contagion could still engulf larger euro zone economies like France.

The premium investors charge to hold Italian bonds over German ones rose to 300 bps, its highest since the ECB stepped in to the market, on Monday.

These concerns have made investors such as U.S. money market funds reduce exposure to European banks and pushed their credit default swap spreads higher.

The Itraxx European senior financials index has pushed beyond the peaks seen during the last crisis, and at 247 basis points the spread is starting to reflect credit ratings that are not in line with their current ones.

"I don't think many people will wholeheartedly buy into the recovery in equities," said Niels Christensen, currency strategist at Nordea in Copenhagen.

"People going long on euro/dollar are very quick to liquidate, and to take profit on those positions, so it will be tough for the euro to rise beyond $1.4570," he said, referring to a high hit in early July.

The euro was down 0.7 percent against the dollar at $1.4412, off a session low of $1.4399 after the Italian bond auction. It also eased against the Swiss franc.

The franc, hit by Switzerland's efforts to weaken it in the past month, traded lower against the dollar, at 0.8195 francs, hovering near a five-week low touched on Monday.

Spot gold stabilized around $1,793 per ounce levels, up 0.3 percent, and after falling by nearly seven percent in about a week. It hit a record $1,911 last week.

U.S. Treasuries rose, unwinding some of the sharp losses seen in the previous session as investors braced for the Federal Reserve meeting minutes for clues on how the policy-setting panel view the economic outlook.

(Additional reporting by Atul Prakash and Naomi Tajitsu in London)


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ATF chief reassigned after botched sting (Reuters)

WASHINGTON (Reuters) – The head of the agency that oversaw a botched attempt to track arms flowing to drug cartels in Mexico is being reassigned to Justice Department headquarters, the Obama administration said on Tuesday.

Kenneth Melson, who has been acting director of the Bureau of Alcohol, Tobacco, Firearms and Explosives, has been under fire and admitted mistakes in the sting operation meant to try to crack down on the flow of weapons to violent drug gangs.

He will be reassigned to the Justice Department's Office of Legal Policy as an adviser on forensic science, the Justice Department said. The attorney for Minnesota, Todd Jones, will serve as acting ATF director.

In further fallout from the operation, the attorney for Arizona, Dennis Burke, has resigned and the lead prosecutor on that case in the office has been reassigned, according to an administration official.

Another administration official said this is a chance for a "fresh start given everything they've gone through lately" at ATF.

The operation, dubbed "Fast and Furious," has spawned congressional and internal Justice Department probes and put the Obama administration on the defensive about whether dangerous weapons were knowingly allowed to cross the border.

Republicans in the U.S. Congress have been demanding the Obama administration explain who knew what and when about the ATF program, which was conceived of and run out of the agency's Phoenix division.

Authorities had hoped they would be able to follow the guns to cartel leaders, but ATF agents did not track the weapons after they were transferred from the initial buyer to others. Some agents have said they were not allowed to continue the pursuit.

Instead, numerous weapons from the operation, which began in late 2009 and ran through 2010, have shown up at crime scenes in Mexico and the United States.

U.S. Border Patrol agent Brian Terry died in a December 2010 shootout on the American side of the border and two guns found there have been traced to the sting. It is not yet known if those guns were used to fire the fatal shots.

Mexican authorities have complained bitterly about the thousands of guns that cross the border from the United States each year and want Washington to do more to stem the flow.

President Barack Obama has nominated a permanent director for ATF, Andrew Traver of the agency's Chicago office, but the gun industry has opposed him. Melson is a career federal employee.

Melson took the unusual step of being interviewed on the July 4 holiday by congressional investigators. During those discussions he acknowledged mistakes had been made and other law enforcement agencies had had critical information that they did not share about their targets.

(Reporting by Jeremy Pelofsky and Steve Holland, editing by Deborah Charles and Eric Beech)


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AP IMPACT: Automation in the air dulls pilot skill (AP)

WASHINGTON – Safety and industry officials worry that there will be more deadly airline accidents traced to pilots who have lost their hands-on instincts as planes become ever more reliant on automation to navigate crowded skies.

The airline industry says hundreds of people have died over the past five years in 51 "loss of control" accidents in which planes stalled during flight or got into unusual positions that pilots could not correct. In some cases, pilots made the wrong split-second decision, with catastrophic results.

One airline captain, Rory Kay, says pilots get so little time to manually fly planes that they're "forgetting how to fly." Kay is co-chairman of a Federal Aviation Administration committee on pilot training.

Regulations that require greater reliance on computerized flying are helping spur the trend.


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Airlifts and water rescues in wake of Hurricane Irene (Reuters)

WAYNE, N.J./ WEST DOVER, Vermont (Reuters) – National Guard and firefighters rescued hundreds people from record flooding in New Jersey on Tuesday and Vermont planned to airlift food and water to inland towns cut off by Hurricane Irene after its paralyzing rampage through the U.S. northeast.

Irene killed about 40 people when it dumped 5 to 15 inches of rain over wide swathes of the U.S. East Coast on Saturday and Sunday. It spared New York City but caused the worst flooding in decades in inland areas of New York state, New Jersey and Vermont.

Search and rescue teams have plucked nearly 600 people from homes in recent days with the most intense efforts on Tuesday when the Passaic River measured 13 feet above flood stage, the highest level since 1903, Paterson police Sgt. Alex Popov said.

Firefighters rescued some by boat and the National Guard saved others by truck, taking them to a Red Cross shelter.

"Some are standing there in the doorway. Some are coming out of their windows," Popov said.

"It's raging," he said of the Passaic, which runs through the center of town.

Authorities expected the river to begin receding later on Tuesday.

Swollen rivers were still cresting on Tuesday and flood plains remained under water in northeastern states that were already soaked by an unusually wet summer.

Utilities restored electricity to roughly half the 6.7 million customers who had power knocked out, and New York City mass transit and air travel crept back to normal.

Irene hit North Carolina as a hurricane and moved north over major East Coast cities, then weakened to a tropical storm over New England and dissipated after tracking into Canada.

Clear skies in the northeast aided rescue efforts, but hundreds of thousands of homes were damaged, some swept away in the torrent.

In New York City's New Jersey suburbs, flood victims anxiously waited for waters to recede while just a few miles away the city buzzed anew, slowed only temporarily by an unprecedented preemptive shutdown of its mass transit system and an evacuation order on Saturday.

LOSSES FEARED IN FALL TOURIST SEASON

In Wayne, New Jersey, Mike Holland, 44, paddled his canoe away from his trailer home. The water was so deep that three cars were almost completely submerged on his street, which like several others resembled a small lake.

Holland said he was used to floods but that "this is the worst one."

"I had raised my trailer for the height of the 1984 flood plus 8 inches but this was the '84 flood plus 12. It's an easy fix but it's a pain," Holland said.

Marguerite Ball, another resident of Wayne, described the flooding as "heartbreaking" for the working class area.

"I've never seen flooding like has taken place in the last few years," Ball said. "People just get cleaned out, cleaned up, rebuild, and it happens again and again."

Vermonters already beaten down by the prolonged U.S. economic slump saw homes washed away by the floods, then were forced to cope with washed out roads that isolated rural communities and complicated recovery from the state's worst flooding in more than 80 years.

"Economically, I'm devastated," said Betsey Reagan, owner of Dot's Diner in West Dover, Vermont. "Who knows what is going to happen, how long it is going to take to take to get all this lost. We'll miss the foliage season, who knows what the winter is going to be like. Tourists can't come if the roads aren't open."

The timing of the storm, at the end of summer and before the Labor Day holiday weekend, was particularly troubling for businesses whose peak season comes in the fall and winter when visitors flock to see leaves turn colors and for skiing.

Some 260 Vermont roads remained closed and the state was beginning to deploy crews of workers, backed up by the National Guard, to repair them.

The state planned to distribute food and water to towns cut off from supplies due to road outages. In some cases those supplies would be airlifted in, said Mark Bosma, a spokesman for the Vermont Division of Emergency Management.

Irene killed at least 38 people in 11 states, in addition to three who died in the Dominican Republic and one in Puerto Rico when the storm was still in the Caribbean, authorities said.

Total economic damage could reach $20 billion, Standard & Poor's Senior Economist Beth Ann Bovino said. Hundreds of thousands of homes suffered damage, raising questions about how much would be covered by insurance as many homeowner policies do not cover flood damage.

U.S. President Barack Obama pledged aid for cash-strapped states and cities, but the federal money was not expected to cover all the costs for local jurisdictions already facing a fiscal crisis.

(Additional reporting by Dave Warner; Writing by Daniel Trotta; Editing by Jackie Frank)


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BofA sued over $1.75 billion Countrywide mortgage pool (Reuters)

NEW YORK/CHARLOTTE, North Carolina (Reuters) – Bank of America Corp was sued by the trustee of a $1.75 billion mortgage pool, which seeks to force the bank to buy back the underlying loans because of alleged misrepresentations in how they were made.

The lawsuit by the banking unit of US Bancorp is the latest of a slew of litigation to recover investor losses tied to risky mortgage loans issued by Countrywide Financial Corp, which Bank of America bought in 2008.

In a complaint filed in a New York state court in Manhattan, U.S. Bank said Countrywide, which issued the 4,484 loans in the HarborView Mortgage Loan Trust 2005-10, materially breached its obligations by systemically misrepresenting the quality of its underwriting and loan documentation.

Soon after the loans were sold to the trust, they "began to become delinquent and default at a startling rate," the complaint said. Out of a sample of 786 of the loans, 520, or 66 percent, breached one or more representations, it said.

U.S. Bank said it demanded that Bank of America fix the breaches or buy back the loans as it had agreed to do, but that it has refused and offered no reason for this refusal.

The lawsuit demands that the bank repurchase all the loans in the pool, or at least those it knows have problems and are hurting investors in the trust.

Bank of America was not immediately available for comment.

The Charlotte, North Carolina-based bank paid $2.5 billion to buy Countrywide, but writedowns and legal costs have pushed the estimated cost of that purchase to more than $30 billion.

Last fall, Chief Executive Brian Moynihan said the bank would fight repurchase claims by investors, calling the process "hand-to-hand combat."

In 2011, however, he has agreed to large settlements with mortgage financiers Fannie Mae and Freddie Mac, as well as billionaire Wilbur Ross' bond insurer Assured Guaranty Ltd. Then in June, he agreed to pay $8.5 billion to settle a wide range of Countrywide claims.

The $8.5 billion pact requires court approval but has drawn objections from several dozen investors, as well as the Federal Deposit Insurance Corp and the New York and Delaware attorneys general. Bank of America also faces a $10 billion lawsuit by bailed-out insurer American International Group Inc.

In early afternoon trading, Bank of America shares were down 19 cents, or 2.3 percent, to $8.20 on the New York Stock Exchange.

The case is U.S. Bank NA v. Countrywide Home Loans Inc et al, New York State Supreme Court, New York County, No. 652388/2011.

(Reporting by Jonathan Stempel and Joe Rauch; Editing by Derek Caney and Tim Dobbyn)


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Disaster aid account faces shortfall (AP)

WASHINGTON – The government's main disaster aid account is running woefully short of money as the Obama administration confronts damages from Hurricane Irene that could run into billions of dollars.

With less than $800 million in its disaster aid coffers, the Federal Emergency Management Agency has been forced to freeze rebuilding projects from disasters dating to Hurricane Katrina to conserve money for emergency needs in the wake of Irene. Lawmakers from states ravaged by tornadoes this spring, like Missouri and Alabama, are especially furious.

The shortfalls in FEMA's disaster aid account have been obvious to lawmakers on Capitol Hill for months — and privately acknowledged to them by FEMA — but the White House has opted against asking for more money, riling many lawmakers.

"Despite the fact that the need ... is well known," Reps. Robert Aderholt, R-Ala., and David Price, D-N.C., wrote the administration last month, "it unfortunately appears that no action is being taken by the administration." The lawmakers chair the panel responsible for FEMA's budget.

FEMA now admits the disaster aid shortfall could approach $5 billion for the upcoming budget year, and that's before accounting for Irene.

As a result, funds to help states and local governments rebuild from this year's tornadoes, as well as past disasters like hurricanes Katrina and Rita and the massive Tennessee floods of last spring, have been frozen. Instead, FEMA is only paying for the "immediate needs" of disaster-stricken communities, which include debris removal, food, water and emergency shelter.

"Going into September being the peak part of hurricane season, and with Irene, we didn't want to get to the point where we would not have the funds to continue to support the previous impacted survivors as well as respond to the next disaster," FEMA Administrator Craig Fugate told reporters at the White House on Monday.

Republicans controlling the House and the Democratic-controlled Senate may be headed toward a battle over whether to cut spending elsewhere in the budget to pay for tornado and hurricane aid.

A top leader in the tea party-driven House says that chamber will find those offsetting spending cuts. The Senate, however, is likely to take advantage of a little-noticed provision in the recently passed debt limit and budget deal that permits Congress to pass several billion dollars in additional FEMA disaster aid without budget cuts elsewhere.

"We will find the money if there is a need for additional money," House Majority Leader Eric Cantor, R-Va., told Fox News on Monday. "But those monies are not unlimited, and we have said we have to offset that."

But Sen. Dick Durbin, D-Ill., who presided over a recent hearing on disaster costs, says the number and cost of disasters have grown dramatically over the past few years.

"If (Cantor) believes that we can nip and tuck at the rest of the federal budget and somehow take care of disasters, he's totally out of touch with reality," the No. 2 Senate Democrat said Tuesday.

Earlier this year, the administration requested $1.8 billion for FEMA's disaster relief fund, despite pent-up demands for much more. Appropriations for last year totaled four times that amount.

FEMA estimates that the request still left the disaster fund short by $2 billion to $4.8 billion for the upcoming fiscal year. Those are figures the agency provided to Congress this spring — before Irene or the tornadoes that destroyed huge swaths of Joplin, Mo., or beat up the South.

With recovery operations from Irene still in the early stages, FEMA spokesman Rachel Racusen said it is too early to know whether that projected shortfall has increased or by how much.

"It's just too soon to know what any uninsured losses will be," Racusen said.

"Even though the president himself said that we are going to do everything we can to help these communities rebuild, the rhetoric has not matched reality, and the Disaster Relief Fund is running out of money," Aderholt said.

The likely vehicle for replenishing the disaster account is the homeland security spending bill for the budget year beginning Oct. 1. The House passed the measure in early June, but the Senate has yet to act.

A House-Senate collision over disaster aid would risk further delays in replenishing dangerously low FEMA disaster accounts.

"It's too early to tell what the damage assessment will be and what next steps may need to be taken," said Meg Reilly, a spokeswoman for the White House budget office.

It's hardly the first time that longer-term rebuilding projects like schools and sewer systems have been frozen out to make sure there's money to provide disaster victims with immediate help with food, water and shelter. But it's frustrating to communities like Nashville, Tenn., which is rebuilding from last year's historic floods.

The Obama White House is just the latest administration to lowball disaster relief requests. Over the past two decades, Congress has approved $130 billion for FEMA's disaster account. But the bulk of that money, $110 billion, has been provided as emergency funding in addition to the annual budget.

____

Associated Press writer Alicia Caldwell contributed to this story.


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2011/08/29

Bank of America to sell China bank stake for $8.3 billion (Reuters)

CHARLOTTE, N.C./HONG KONG (Reuters) – Bank of America Corp is selling about half its stake in China Construction Bank for $8.3 billion, in its latest effort to shed assets and boost capital.

A group of investors is buying 13.1 billion CCB shares from Bank of America, with the deal expected to close in the third quarter. The U.S. bank declined to name the investors but two sources said Singapore state fund Temasek was among the buyers.

Bank of America needs to boost capital by some $50 billion in the coming years to meet new global rules, according to multiple analyst estimates.

CCB is the second-largest bank by market value in the world, and Bank of America's ties with the Chinese bank are seen as an important source of future growth. Bank of America's willingness to sell part of its CCB investment shows how far it must go to meet new capital requirements, analysts said.

"Bank of America's decision to sell that stake is wrong strategically in the long run, but they need money," said Josef Schuster, founder of Chicago-based IPO research and investment house IPOX Schuster.

The bank has said it can raise the money through earnings and selling off assets, but a number of investors have expressed concern that the bank will need to issue more common shares.

Those dilution concerns helped push the bank's shares this month to their lowest level in two-and-a-half years. Investors are also concerned about the bank's potential losses from mortgages and related litigation. A $5 billion investment from Warren Buffett's Berkshire Hathaway stopped that fall last week.

In the CCB, deal, Bank of America sold each share for HK$4.93, an 11 percent discount to the Chinese bank's most recent closing price of HK$5.55.

Bank of America's shares were up 6.1 percent at $8.23 on news of the sale on Monday afternoon.

A START

Bank of America will record a $3.3 billion gain in the third quarter as a result of the sale, and a $3.5 billion increase to its core capital under current rules, a spokesman said.

Under proposed Basel III rules, the sale will generate an $8.3 billion gain for Bank of America. The bank will also be required to hold less capital against the CCB shares, because it will now own about 5 percent of the holdings, less than the 10 percent level that triggers higher capital requirements under Basel III.

The CCB stock sale is the latest in a series of moves by the largest U.S. bank to increase capital before Basel III takes effect.

"It really doesn't move the needle under current rules," said Jefferson Harralson, bank analyst with Keefe, Bruyette & Woods Inc. "But this starts to move them to where they need to be."

Bank of America in recent weeks has agreed to sell an $8.6 billion Canadian credit card portfolio to TD Bank Group and is in talks to sell $1 billion of real estate assets to Blackstone Group.

In the last six quarters, Bank of America has generated some $30 billion of proceeds from asset sales, as it has sold a range of assets from a foreclosure insurance unit, investments in Latin and South American banks, and U.S. mortgage-servicing rights.

Fears about the bank's ability to meet its capital requirement have cut the bank's stock price by a third since the beginning of August, including a 20 pct plunge on August 8.

Bank of America paid $3 billion for a 9.9 percent stake in CCB, the world's No. 2 bank by market value, before the Chinese lender's IPO in 2005.

The U.S. bank increased its holdings in following years to 25.6 billion shares, including 23.6 billion that came out of lock-up on August 29.

It is free to sell the remaining shares in 2013.

(Reporting by Joe Rauch, additional reporting by Saeed Azhar in Singapore; Lauren Tara LaCapra in New York and Elzio Barreto in Hong Kong; Editing by Derek Caney and Matthew Lewis)


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Exclusive: Finland wants Luxembourg agency to hold Greek assets (Reuters)

BRUSSELS (Reuters) – Finland has proposed that Greek state assets be transferred to a Luxembourg-based holding company and held as security for new loans to Athens, according to an internal document obtained by Reuters.

The proposal, drafted in June, remains a central plank of Finnish demands for collateral in return for providing more aid to Greece. Senior euro zone officials held another conference call on Monday to try to resolve the collateral issue.

If Finland does not get its way, it may pull out of the Greek bailout, unleashing renewed trouble in financial markets.

Although small at around 1.4 billion euros, Finland's share of the new support for Greece is important because its triple-A credit rating adds weight to the 109 billion euro rescue agreed on July 21, the second bailout package Athens has received.

Demands from Helsinki for collateral have sparked requests from countries including Austria, the Netherlands, Slovenia and Slovakia for similar treatment, and threaten to spoil the euro zone's attempt to save Athens from default.

In the document, Finnish officials set out how the Greek government and its privatization agency would authorize the transfer of assets to a holding company based in Luxembourg that would be used as security for states providing assistance.

The privatization agency would own all the shares in the asset holding company, although the shares would be held in custody by a third party. Since the holding company would be based in Luxembourg, it would operate under Luxembourg law.

Such a move would prove controversial in Greece, where the government has strongly rejected suggestions of offering land or company shares as collateral for future loans. It would in effect mean Greece, which plans to raise 50 billion euros from privatization by 2015, losing sovereignty over its assets.

"The Privatisation Agency is managing the AHC (Asset Holding Company) and can use AHC in a flexible way as one vehicle to securitize, manage, develop and privatize assets," reads the Finnish plan, dated June 23 and obtained exclusively by Reuters.

Greece, which passed a law in June to set up a privatization agency to handle the sale of state-owned companies, has so far taken few steps to implement the law, meaning it may miss a target agreed with the EU and IMF of raising 1.7 billion euros from privatizations by the end of September.

MULTIPLE USE ASSETS

As well as acting as a warehouse for Greek property, such a stake in a national phone company or port, the Luxembourg vehicle would ringfence assets so they are not used for other borrowing but instead kept as security for countries offering aid. The Finnish document explains:

"If the market value of the assets of AHC does not meet the collateral requirements or the Hellenic Republic defaults on its loan obligations to the EFSF, the ownership of the shares in custody immediately transfers to the relevant member states," it says, referring to the European Financial Stability Facility, the 440 billion euro bailout fund drawn up last year.

The Finnish plan also flags a possible securitization of the assets held in Luxembourg, using cash flow generated from an airport, for example, as security for loans.

"The asset securitization would make both the valuation and the liquidation of the assets much easier," write the authors of the confidential document, which has been circulated to euro zone finance ministries in the form of a "non-paper."

The proposal is among those being discussed by euro zone officials in conference calls in recent days to try to reach agreement on how collateral can be provided to Finland, and potentially other member states, in exchange for new loans.

Earlier this year, ECB board member Juergen Stark put a value on the country's assets, which include stakes in Athens' airport, a bank, two ports, and the country's main telephone company, of 300 billion euros ($423 billion).

Tapping this wealth will be difficult politically. Talk of selling state companies prompted protests by workers worried they could lose their jobs in any privatization. Militant union members at the country's main electricity producer have warned the government not to pursue a sale.


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New England flooded, New York spared Irene's fury (Reuters)

NEW YORK (Reuters) – Vermont struggled with its worst flooding in 80 years and reconnaissance teams scoured Massachusetts to assess the devastation on Monday after a weakened Hurricane Irene slammed an already soaked New England with torrential rain.

Spared from Irene's worst fury, New York City went back to work on Monday despite a partially crippled mass transit system and power outages that left 100,000 customers in the metropolitan area without electricity.

Overall some 5.5 million homes and business were still without power from North Carolina to Maine, and utilities said it could take days to restore electricity in more accessible areas, or up to weeks in the hardest-hit regions.

"It's going to take time to recover from a storm of this magnitude," President Barack Obama told reporters. "The effects are still being felt across much of the country, including in New England and states like Vermont where there's been an enormous amount of flooding. ... I'm going to make sure that FEMA (federal emergency management) and other agencies are doing everything in their power to help people on the ground."

Air travel at New York City's three major area airports slowly resumed service, and financial markets operated normally, although volumes were low.

New York City subways returned to service, though many commuter lines to the city and national carrier Amtrak were disrupted due to tracks that were flooded or blocked with fallen trees and debris.

At least 21 people died in the United States in addition to three who died in the Dominican Republic and one in Puerto Rico when the storm was still in the Caribbean.

While Irene failed to produce the devastation many had expected when New York City preemptively ordered unprecedented evacuations and a shutdown of its mass transit system on Saturday, it still left hundreds of thousands of homeowners with flood damage, especially in New Jersey.

Many northeastern rivers, already swollen from an unusually wet summer, were still cresting.

Irene is expected to have caused substantial property losses, though figures are still hard to come by because of uncertainty about wind damage, catastrophe modeling company Eqecat said on Monday.

The costly cleanup will also further strain budgets of state and local governments where economies have not recovered from the recession.

"It's a hit but not a fatal hit," said Joseph Seneca, a professor at Rutgers University's Edward J. Bloustein School of Planning and Public Policy.

"The ability of states to respond (to the hurricane) is more constrained," Seneca said.

NEW ENGLAND FLOODING

Vermont was battling the state's worst flooding since 1927 after Irene swept through as a tropical storm late on Sunday. It dumped huge amounts of rain in New Jersey and other states on its way up to Canada, where it was downgraded to post-tropical status over sparsely populated land.

"Things are bad throughout the state and we are just starting the recovery process in the light of day," said Robert Stirewalt, a spokesman for the Vermont Emergency Management Agency. "It is too early to say what the damage will be as we assess it and we hope it won't be more extensive than last night indicated."

One person was killed after being swept into a river in mountainous, landlocked Vermont, which rarely sees tropical storms.

At least one of Vermont's historic covered bridges was washed away as Irene's rains sent rivers spilling over their banks, and 50,000 people were without power, officials said on Monday. Governor Peter Shumlin called the flooding catastrophic and several people had to be rescued.

While the sun was out on Monday, officials worried that more damage could still be done.

"The bigger rivers haven't crested yet because the smaller brooks feed into them," Shumlin told with Democracy Now, a daily TV/radio news program. "It means more flooding. We continue to be challenged here."

In Massachusetts, reconnaissance teams including national guard members and emergency officials will be scouring the state on Monday to assess the flooding and other damage from Irene's blow.

Business returned to normal for Boston's commuters, but some Amtrak train service to points south was canceled for Monday.

In Southbridge, Massachusetts, a town employee was electrocuted from a downed power line while leaving the house, marking the first storm-related death in the state.

"It's a tragic reminder that folks beginning the clean-up process need to do so safely," said Scott MacLeod, spokesman for the state emergency management agency.

(Reporting by Scott Malone in Brattleboro, Vermont; Karen Pierog in Chicago; Svea Herbst-Bayliss and Lauren Keiper in Boston; Ben Berkowitz, Josh Schneyer and Edith Honan in New York; Jeff Mason in Washington; Editing by Jackie Frank)


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U.S. to shed light on Guatemala syphilis experiment (Reuters)

WASHINGTON (Reuters) – A U.S. presidential commission will release on Monday its key findings on a government research project that deliberately infected Guatemalan prison inmates and mental patients with syphilis in the 1940s.

The conclusions have consequences for U.S. diplomacy and will impact the ethical discussion surrounding how new drugs are tested on patients, as manufacturers increasingly conduct clinical trials abroad.

The United States formally apologized last year for the experiment, which was meant to test the drug penicillin, after it was uncovered decades later by a college professor.

Guatemala condemned it as a crime against humanity and said last year it would consider taking the case to an international court. Victims of the study are suing the U.S. government.

President Barack Obama's Commission for the Study of Bioethical Issues has conducted its own investigation and will discuss its key findings at 1 p.m. (1700 GMT) in Washington on Monday, followed by recommendations on Tuesday on protecting research participants from unethical treatment. More detailed findings will be presented to Obama in September, with a final report due in December.

"They will have a chance to do a richer investigation and we'll have a richer picture of what happened," said Wellesley College professor Susan Reverby, whose research revealed the previously unpublished records of the Guatemalan experiment.

"It's too easy to say, 'Oh, we'd never do anything like that,'" she told Reuters. "(At the time,) they thought they were doing good science, these were decent people, not monsters, and therefore we really need to think about what we're doing now that's going to look horrible in 20 years."

In a November 2010 article in the Journal of the American Medical Association, the directors of the National Institutes of Health and the Centers for Disease Control and Prevention rejected the possibility that such unethical practices could happen now, at least for government-affiliated studies.

But the bioethics community is less convinced.

"Too often people become absorbed with the merit of a scientific question and can lose sight of the ethics in answering it," said Mary Faith Marshall, a professor at the University of Minnesota's Center for Bioethics.

"Possibly, if you broaden the scope ... to private industry, you'll see things that are even worse," she said.

INFORMED CONSENT

Protections for research participants may not work in some foreign countries where subjects are poor and illiterate, making their informed consent hard to trust, said Arthur Caplan, director of the Center for Bioethics at the University of Pennsylvania.

"Peer review in corrupt countries doesn't mean very much," he added.

In a more recent incident, Pfizer Inc's 200-patient trial of antibiotic Trovan during a 1996 meningitis outbreak in Kano, Nigeria, triggered a decade-long legal battle after 11 children died and the company was accused of not obtaining adequate prior consent. Pfizer settled all outstanding lawsuits from the case in February.

Even before Reverby's discovery, the U.S. Department of Health and Human Services was working on proposed changes, released in July, to its 1991 rules protecting human research subjects, which have been criticized for being too stifling for low-risk studies and too loose for high-risk research.

Reverby uncovered the Guatemala experiment after years of research into a medical study in Tuskegee, Alabama, where hundreds of black American men were deliberately left untreated for syphilis. The experiment lasted 40 years until 1972.

While studying the archives of Dr. John Cutler, a Public Health Service officer and a Tuskegee researcher, Reverby found boxes of medical records and notes from another, previously unknown study conducted between 1946 and 1948 in Guatemala.

Later confirmed by federal health agencies, her findings showed that the PHS, under a grant from the NIH to the Pan American Sanitary Bureau and in collaboration with several Guatemalan agencies, deliberately infected hundreds of people with the sexually transmitted diseases syphilis, gonorrhea and chancroid.

The patients were given antibiotic penicillin to determine its effectiveness in curing or preventing syphilis, an infection that can cause genital sores and rashes and, if left untreated, damage internal organs and cause paralysis, blindness or even death.

"They thought, 'we're in a war against disease and in war soldiers die,'" Reverby said. "Those who are on the cutting edge of the science are the ones that can easily fall."

Some 700 people were infected with syphilis. These included inmates exposed to infected prostitutes brought into prisons and male and female patients in a mental hospital. Some subjects had bacteria poured on scrapes made on their genitals, arms or faces.

Records show no documentation that syphilis study subjects gave informed consent or understood they were participating in research, according to a September 2010 report by the CDC.

Until his death in 2003, Cutler remained unapologetic about his research. The bioethics commission's findings are expected to put his work in historical context.

Guatemalan Vice President Dr. Rafael Espada planned to speak at Monday's event, but canceled those plans because of Hurricane Irene that hit the U.S. East Coast over the weekend.

"There is a great deal of skepticism and cynicism with which the U.S. is greeted in (Latin America)," said Larry Birns, director of the non-profit Council on Hemispheric Affairs. "This will reaffirm in the minds of average Latin Americans how dirty and loathe the United States is."

(Editing by Michele Gershberg and Eric Beech)


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Colts activate QB Peyton Manning (AP)

INDIANAPOLIS – Peyton Manning is ready to practice with his teammates. He's still not sure when he'll dress for a game.

On Monday, less than two hours after being activated from the physically unable to perform list, Manning told reporters it was the next step in his recovery from neck surgery in May. He would not provide details about what issues must be resolved before the Sept. 11 season-opener at Houston.

"I don't know what HIPAA stands for, but I believe in it and I practice it," Manning joked, referring to the federal law protecting medical privacy. "So, uh, I'll leave it at that."

The team said Manning will practice on a "scripted" and controlled basis with teammates this week. He is not expected to play in Thursday night's preseason finale at Cincinnati and he reiterated that point Monday.

And it's unclear the extent of what Manning's new workout regimen will be.

"He's been throwing," coach Jim Caldwell said. "It's going to be a bigger amount, and I don't think it needs a whole lot of explanation. The statement speaks for itself."

Team officials have said Manning would practice only when he was cleared by the doctors and when Manning felt comfortable working out. The four-time MVP missed all of training camp at Anderson University, the second time in four seasons that's happened.

When Manning sat out in 2008 after having two surgeries to remove an infected bursa sac in his left knee, was not seen by reporters. This time, after his second surgery in 15 months, he was seen running and throwing passes.

Manning remembered returning to practice just before the final 2008 preseason game, though he did not play against the Bengals that year.

"This was one of my goals all along, to be back before the last preseason game," Manning said. "That gives you two weeks on the field to answer the questions coach Caldwell has and I have."

Manning has started 227 consecutive games, including the playoffs, the second-longest streak in NFL history for quarterbacks behind Brett Favre. He said Monday he was healthy enough to take a snap or play a series or two to keep the streak alive, but that's not what he intends to do.

"I have to be able to play competitively to play because I have too much respect for this game," he said. "I have to do what's fair for the team."

Three years ago, Manning returned from the knee injury and struggled during the first half of the season. By midseason, Manning was back to his regular form and went on to win his third MVP award.

Indy's franchise quarterback had been on PUP since practice began Aug. 1. League rules require players on the physically unable to perform list to be activated by the team's final cuts, on Sept. 3, or sit out an additional six weeks. That wasn't something the Colts were going to do.

The surgery was expected to keep Manning off the field for six to eight weeks. But the recovery has gone slower than expected, and Manning in part blamed the 4 1/2-month lockout that kept him away from the team's trainers.

With Manning ailing, the Colts have been refining backup plans. They signed veteran backup Kerry Collins to go along with Curtis Painter, Dan Orlovsky and rookie Mike Hartline. Five-time Pro Bowl receiver Reggie Wayne said he believes Painter gives Indy the best chance at winning if Manning is not ready to start the season.

Painter made his statement Friday by going 11 of 21 for 171 yards with two TD passes, and nearly led the Colts to their first preseason win in more than two years.

All three backups could be vying for snaps at practice, and the Colts may have to play their starters longer than usual against the Bengals to get Collins and Painter in sync with their teammates.

"It's an important week because it's one thing to know it in the classroom, and it's another thing to go out and know it on the field," Collins said.

Manning has thrown for 54,828 yards, third all-time behind Favre and Dan Marino. He's also third all-time in career TD passes (399), trailing only Marino (420) and Favre (508) and has led Indianapolis to a record-tying nine consecutive playoff appearances.


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Consumer spending data allays recession worries (Reuters)

WASHINGTON (Reuters) – Consumer spending rose at its fastest pace in five months in July, a further sign the economy is not falling back into recession, although manufacturing activity in Texas almost stalled this month.

Consumer spending increased 0.8 percent on strong demand for motor vehicles as Japan-related supply restraints faded, a Commerce Department report showed on Monday. Spending had slipped 0.1 percent in June

The size of the bounceback in spending, which accounts for about 70 percent of U.S. economic activity, beat economists' forecasts for a 0.5 percent advance. When adjusted for inflation, spending was up 0.5 percent last month, the largest gain in 1-1/2 years and the first increase since April.

"It's a little far-fetched to truly believe that we are headed into another recession. This data doesn't support that view at all," said Joel Naroff, chief economist at Naroff Economic Advisors in Holland, Pennsylvania.

The spending data was the latest to suggest the economy started the third quarter with some strength after growth slowed to a near halt in the first half of the year.

But the risks of a new recession have risen this month as stock prices plunged and consumer sentiment eroded.

The spending report showed inflation-adjusted after-tax incomes fell in July, while data from the Dallas Federal Reserve Bank indicated factory output in Texas ground to a near halt this month.

The Texas factory index dropped to 1.1 from 10.8 in July, while a business confidence gauge slid to -11.4 from -2.0. The decline in sentiment was in line with other recent regional manufacturing surveys. In these indexes, zero is the dividing line between growth and contraction.

Separately, the number of contracts signed for purchases of previously owned homes fell 1.3 percent last month. The housing market is being choked by an oversupply of properties.

Pending home sales usually lead existing home sales by a month or two and the decline in contracts signed pointed to a fall in August sales.

Investors focused on the spending data and bought U.S. stocks. Prices for U.S. government debt fell, while the dollar eased against a basket of currencies.

ECONOMY NOT FALLING APART

So far data from industrial production to retail sales and employment have been consistent with a slow-growth scenario rather than an outright contraction in economic output. Data for August will give an idea of how much damage the stock market turmoil inflicted on the already wounded economy.

The economy grew at a tepid 1 percent annual rate in the second quarter, with consumer spending rising at its weakest pace since the fourth quarter of 2009. The economy only expanded 0.4 percent in the first three months of the year

Some economists were skeptical the rise spending last month would be sustained, given the 0.1 percent decline in real disposable income, weak consumer confidence and still-sluggish job growth.

"My expectation is that August spending number retreats and income likewise will be flat due to very weak job creation," said Robert Dye, chief economist at Comerica in Dallas, Texas.

U.S. nonfarm payrolls likely increased 75,000 in August after rising 117,000 in July, according to a Reuters survey. The unemployment rate is seen unchanged at 9.1 percent.

Fed Chairman Ben Bernanke left the door open for further monetary stimulus in a speech on Friday in which he said bringing down the high level of joblessness was crucial to ensuring the economy's long-term health.

Although the spending report showed core inflation moving higher, analysts did not think this would tie the U.S. central bank's hands.

The core personal consumption expenditures price index, which strips out food and energy costs -- rose 0.2 percent for a second straight month, taking the year-on-year reading to 1.6 percent, the highest since May 2010, from 1.4 percent in June.

Overall inflation jumped 0.4 percent in July after dropping 0.1 percent in June.

"This does not rule out additional Fed stimulus when policymakers meet in September. But it doesn't exactly rule it in," said Chris Rupkey, chief financial economist at Bank of Tokyo-Mitsubishi UFJ in New York.


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