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The Applicant and Co-Lead Agencies contended that the TMF is a separate project , does not depend on the proposed project , and has always been represented as such . The Agency contended that the State maintained records of payment from other energy programs and those records were available for review prior to making an EAP payment.The Agency contended that the State never took the records into account unless the total combined assistance exceeded the $ 600 maximum . The mandatory participation rule has generated substantial controversy in this proceeding in three respects : ( i ) Several airlines and Orbitz claim that the rule is counterproductive , since it allegedly enables systems to dictate terms for airline participation ; ( ii ) some airlines and systems insist that the rule should be maintained and extended to airlines that market a system , not just airlines with a significant ownership interest ; and ( iii ) some airlines , systems , and travel agencies contend that the rule must prohibit each system owner from denying access to its corporate discount fares to travel agencies that do not use its system .