Inability to Meet Temperature Requirements Due to Uncontrollable Forces Sample Clauses

Inability to Meet Temperature Requirements Due to Uncontrollable Forces. If the Licensee is unable to meet the temperature requirements in Articles A107.2, A108.1, A108.2 or A108.5 due to an event or circumstances beyond its reasonable control, the Licensee shall file a notice within ten days of such event or circumstance with the Commission describing the event or circumstances causing the inability to meet those temperature requirements. It shall provide a copy to the Ecological Committee, including specifically U.S. Fish and Wildlife Service, National Marine Fisheries Service, California Department of Fish and Game and the State Water Resources Control Board (consultees) for comment and opportunity for dispute resolution pursuant to A135. Such notice shall include a statement of specific actions that the Licensee will take to address the event or circumstance and how it will manage the coldwater pool to minimize exceedances of Table 1 and the applicable version of Table 2, consistent with its water supply and other legal obligations. If the Commission finds that there is a pattern of exceedances that could result in adverse impacts to fishery resources, it may require the Licensee to file a plan developed in consultation with the consultees identifying any feasible measures that the Licensee may undertake, or modifications to other license requirements, to address the exceedances. Article A109. Reservation of Section 18 Authority Authority is reserved for the National Marine Fisheries Service and the Department of the Interior to prescribe the construction, operation, and maintenance of fishways at the Oroville Project, No. 2100, including measures to determine, ensure, or improve the effectiveness of such prescribed fishways, pursuant to Section 18 of the Federal Power Act, as amended, during the term of the project license, as provided in the Habitat Expansion Agreement (2006) [note: This agreement in draft form is provided in Appendix F, it will be finalized, signed and submitted to the Commission before the Commission acts on this article.]
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Related to Inability to Meet Temperature Requirements Due to Uncontrollable Forces

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