Common use of Abeyance of Relicensing Proceeding Clause in Contracts

Abeyance of Relicensing Proceeding. 6.5.1 Within 30 days of the Amendment Effective Date, PacifiCorp will file the Settlement with FERC and an expedited motion asking FERC to hold PacifiCorp’s Project relicensing proceeding in abeyance. Each Party agrees to refrain from any action that does not support PacifiCorp’s request to ▇▇▇▇▇ the FERC relicensing docket for the Project. The motion will specify that the abeyance should remain in effect while the DRE’s surrender application is pending and until after FERC takes action on the DRE’s surrender application as provided in Section 7.1.7.A. 6.5.2 Within 15 days after FERC issues an abeyance order for the Project relicensing proceeding, PacifiCorp will withdraw its CWA Section 401 certification applications currently pending before the California State Water Resources Control Board and ODEQ. 6.5.3 If FERC denies PacifiCorp’s motion to ▇▇▇▇▇ or fails to rule on the motion before July 1, 2016, PacifiCorp will ask the California State Water Resources Control Board and the ODEQ to ▇▇▇▇▇ permitting and environmental review for PacifiCorp’s FERC Project No. 2082 licensing activities, including but not limited to water quality certifications under Section 401 of the CWA and review under CEQA, during the Interim Period. If FERC does not hold the Project relicensing proceeding in abeyance, PacifiCorp will withdraw and re-file its relicensing applications for Section 401 certifications as necessary to avoid the certifications being deemed waived under the CWA during the Interim Period. 6.5.4 If no abeyance of relicensing proceedings is approved by FERC or, as applicable, the California State Water Resources Control Board or the ODEQ, or an abeyance is ordered then later lifted, then the Parties are excused from their duty to support this Settlement to the extent necessary to maintain their rights and arguments in the Project relicensing proceedings, and any Party may initiate the Meet and Confer procedures described in Section 8.7.

Abeyance of Relicensing Proceeding. 6.5.1 Within 30 days of the Amendment Effective Date, PacifiCorp will file the Settlement with FERC and an expedited motion asking FERC to hold PacifiCorp’s Project relicensing proceeding in abeyance. abeyance until after FERC takes action on the DRE’s surrender application as provided in Section 7.1.7.D Each Party agrees to refrain from any action that does not support PacifiCorp▇▇▇▇▇▇▇▇▇▇’s request to ▇▇▇▇▇ the FERC relicensing docket for the Project. The motion will specify that the abeyance should remain in effect while the DRE’s surrender application is pending and until after FERC takes action on the DRE’s surrender application as provided in Section 7.1.7.A.. 6.5.2 Within 15 days after FERC issues an abeyance order for the Project relicensing proceedingdocket, PacifiCorp will withdraw its CWA Section 401 certification applications currently pending before the California State Water Resources Control Board and ODEQ. 6.5.3 If FERC denies PacifiCorp’s motion to ▇▇▇▇▇ or fails to rule on the motion before July 1, 2016, PacifiCorp will ask the California State Water Resources Control Board and the ODEQ Oregon Department of Environmental Quality to ▇▇▇▇▇ permitting and environmental review for PacifiCorp’s FERC Project No. 2082 licensing activities, including but not limited to water quality certifications under Section 401 of the CWA and review under CEQA, during the Interim Period. If FERC does not hold the Project relicensing proceeding in abeyance, PacifiCorp will withdraw and re-file its relicensing applications for Section 401 certifications as necessary to avoid the certifications being deemed waived under the CWA during the Interim Period. 6.5.4 If no abeyance of relicensing proceedings is approved by FERC or, as applicable, the California State Water Resources Control Board or the ODEQ, or an abeyance is ordered then later lifted, then the Parties are excused from their duty to support this Settlement to the extent necessary to maintain their rights and arguments in the Project relicensing proceedings. This section describes the measures, schedule, and any Party may initiate the Meet regulatory compliance during transfer, surrender, and Confer procedures described in Section 8.7removal of Facilities under this Settlement.

Abeyance of Relicensing Proceeding. 6.5.1 Within 30 days of the Amendment Effective Date, PacifiCorp will file the Settlement with FERC and an expedited motion asking FERC to hold PacifiCorp’s Project relicensing proceeding in abeyance. abeyance until after FERC takes action on the DRE’s surrender application as provided in Section 7.1.7.D Each Party agrees to refrain from any action that does not support PacifiCorp’s request to ▇▇▇▇▇ the FERC relicensing docket for the Project. The motion will specify that the abeyance should remain in effect while the DRE’s surrender application is pending and until after FERC takes action on the DRE’s surrender application as provided in Section 7.1.7.A.. 6.5.2 Within 15 days after FERC issues an abeyance order for the Project relicensing proceedingdocket, PacifiCorp will withdraw its CWA Section 401 certification applications currently pending before the California State Water Resources Control Board and ODEQ. 6.5.3 If FERC denies PacifiCorp’s motion to ▇▇▇▇▇ or fails to rule on the motion before July 1, 2016, PacifiCorp will ask the California State Water Resources Control Board and the ODEQ Oregon Department of Environmental Quality to ▇▇▇▇▇ permitting and environmental review for PacifiCorp’s FERC Project No. 2082 licensing activities, including but not limited to water quality certifications under Section 401 of the CWA and review under CEQA, during the Interim Period. If FERC does not hold the Project relicensing proceeding in abeyance, PacifiCorp will withdraw and re-file its relicensing applications for Section 401 certifications as necessary to avoid the certifications being deemed waived under the CWA during the Interim Period. 6.5.4 If no abeyance of relicensing proceedings is approved by FERC or, as applicable, the California State Water Resources Control Board or the ODEQ, or an abeyance is ordered then later lifted, then the Parties are excused from their duty to support this Settlement to the extent necessary to maintain their rights and arguments in the Project relicensing proceedings, and any Party may initiate the Meet and Confer procedures described in Section 8.7.