Decision Point – 2005 Sample Clauses

Decision Point – 2005. Based on the results of the Phase 1 research, on or before September 30, 2005, the licensee shall distribute to the resource agencies and other parties [as provided in paragraph (c) below] a recommendation on whether to implement Phase 2A or Phase 2B, as described below. The licensee shall implement Phase 2A as set forth in paragraph (b)(3) below if: (i) the results of the Phase 1 studies (described above) demonstrate that the licensee can modify the existing Xxxxxx Falls intake racks to be an effective interim (and potentially long term) exclusion device while achieving the threshold velocity for avoidance of entrainment and impingement of fish; and (ii) there is a potential solution to the Bascule Gate discharge interference on the spillway fishway and a means of providing safe passage down the spillway and over the apron have been identified. If the two elements (i) and (ii) above are not confirmed by the FWS, NOAA Fisheries, Massachusetts DEP and Massachusetts DFW pursuant to the process described below, then the licensee shall implement Phase 2B. The process for determining whether the licensee implements Phase 2A or Phase 2B shall be as follows: After circulation by the licensee of the study results and the licensee’s recommendation for Phase 2A or Phase 2B, the licensee shall consult pursuant to paragraph (c) below. On or before December 31, 2005, FWS, NOAA Fisheries, Massachusetts DEP and Massachusetts DFW are to notify the licensee if they all agree with the licensee’s recommendation; in which case, the licensee shall implement that recommendation. If FWS, NOAA Fisheries, Massachusetts DEP and Massachusetts DFW do not all agree with the licensee’s recommendation, they are to notify the licensee by December 31, 2005, and the licensee shall then implement Phase 2B.
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Related to Decision Point – 2005

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  • Interconnection Customer (1) Interconnection Customer shall construct and, unless otherwise indicated, shall own, the following Interconnection Facilities: None

  • Interconnection Customer Compensation for Actions During Emergency Condition The CAISO shall compensate the Interconnection Customer in accordance with the CAISO Tariff for its provision of real and reactive power and other Emergency Condition services that the Interconnection Customer provides to support the CAISO Controlled Grid during an Emergency Condition in accordance with Article 11.6.

  • Cost Responsibility for Interconnection Facilities and Distribution Upgrades 4.1 Interconnection Facilities 4.2 Distribution Upgrades

  • Interconnection Customer Provided Services The services provided by Interconnection Customer under this LGIA are set forth in Article 9.6 and Article 13.5.1. Interconnection Customer shall be paid for such services in accordance with Article 11.6.

  • Interconnection Customer Payments Not Taxable The Parties intend that all payments or property transfers made by the Interconnection Customer to the Participating TO for the installation of the Participating TO's Interconnection Facilities and the Network Upgrades shall be non-taxable, either as contributions to capital, or as a refundable advance, in accordance with the Internal Revenue Code and any applicable state income tax laws and shall not be taxable as contributions in aid of construction or otherwise under the Internal Revenue Code and any applicable state income tax laws.

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  • Scheduled Downtime For the purposes of this Agreement, Scheduled Downtime will mean those hours, as determined by us but which will not occur between the hours of 9:00 AM and 5:00 PM Pacific Time, Monday through Friday without your authorization or unless exigent circumstances exist, during which time we will perform scheduled maintenance or adjustments to the Environment. We will use our best efforts to provide you with at least twenty-four (24) hours of notice prior to scheduling Scheduled Downtime.

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