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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