Project Scope Modification Process Sample Clauses
Project Scope Modification Process. 6.2.1 If NWMO wishes to undertake a Project Scope Modification, it shall, prior to implementing such Project Scope Modification:
(a) provide Notice to the Municipality describing: (i) the Project Scope Modification in sufficient detail to enable the Municipality to understand the anticipated impacts; (ii) any anticipated impact to the Anticipated Schedule; and (iii) any required Regulatory Approvals or any amendment required to any existing Regulatory Approvals resulting from such Project Scope Modification (a “Project Scope Modification Notice”); and
(b) provide the Municipality with an opportunity to review and provide comments upon the Project Scope Modification Notice in accordance with the process set out in Section 5.1.
6.2.2 For clarity, the Municipality acknowledges and agrees that nothing in this Article 6 restricts NWMO’s right to undertake a Project Scope Modification (including, for greater certainty, applying for a Regulatory Approval or an amendment to an existing Regulatory Approval), provided that NWMO has complied with Section 6.2.1.
6.2.3 If the Operations Phase extends beyond the duration stipulated in the Anticipated Schedule as a result of a Project Scope Modification, NWMO shall pay the Municipality:
(a) an annual Operating Payment equal to the Operating Payment paid in the final year of the Operations Phase, as set out in the Detailed Financial Benefits Table, until the Extended Monitoring Phase commences; and
(b) the Emplacement Fee in respect of such additional used nuclear fuel.
Project Scope Modification Process. 5.3.1 Prior to making a Major Application for any Project Scope Modification, NWMO shall seek the support of the Municipality for any Project Scope Modification by providing the Municipality with a Notice that describes:
(a) the details of the Project Scope Modification;
(b) any required Regulatory Approvals or any amendment required to any existing Regulatory Approval resulting from such Project Scope Modification;
(c) whether additional lands need to be added to the Facility Site to accommodate the Project Scope Modification; and
(d) the projected impact of the Project Scope Modification on the Anticipated Schedule.
5.3.2 The Parties shall refer the Project Scope Modification to the Implementation Committee in accordance with Schedule E and, upon request by the Municipality’s representatives on the Implementation Committee, to the Leadership Table. The Municipality’s representatives on the Implementation Committee and/or Leadership Table will have an opportunity to provide comments to NWMO on the Project Scope Modification.
5.3.3 NWMO will make good faith efforts to address and incorporate any comments made by the Municipality with respect to the Project Scope Modification. Where NWMO does not intend to implement the Municipality’s comments, it shall provide the Municipality with reasons for not adopting those comments. The Municipality may disclose its comments on the Project Scope Modification and NWMO’s response in any Regulatory Process in accordance with Section 6.2.5(b).
5.3.4 Nothing in this Section 5.3 shall limit NWMO’s ability to proceed with making the Project Scope Modification (including, for greater certainty, applying for a Regulatory Approval or an amendment to an existing Regulatory Approval to make such Project Scope Modification) after delivering a Notice under Section 5.3.1 to the Municipality, provided that:
(a) such Project Scope Modification shall not be implemented prior to NWMO satisfying its obligations under this Section 5.3;
(b) the Project Scope Modification complies with Section 2.4.2; and
(c) NWMO has complied with Article 6 with respect to any Regulatory Approvals associated with the Project Scope Modification.
5.3.5 If the Operations Phase extends beyond the duration stipulated in the Anticipated Schedule as a result of a Project Scope Modification, NWMO shall make annual payments to the Municipality in accordance with Section 4.1 of Schedule B. The Municipality shall not be entitled to any additional compensation due to ...