Common use of Planning and Coordination Clause in Contracts

Planning and Coordination. 5.1 The Parties shall each exercise best reasonable efforts to coordinate construction work either may undertake within the Franchise Area so as to promote the orderly and expeditious performance and completion of such work as a whole. In so doing, the Parties shall undertake cooperative planning so as to promote the coordinated timing, location and prosecution of such work within the Franchise Area. Upon the request of either Party, but not more often than annually unless otherwise agreed upon by the Parties, the Parties shall meet to discuss and coordinate future construction activities then being planned by either Party within the Franchise Area. Such discussions and coordination shall be for informational purposes only and shall not obligate either Party to undertake any specific improvements within the Franchise Area. 5.2 Pursuant to the Growth Management Act (GMA), chapter 36.70A RCW, the City is required to prepare and periodically update its Comprehensive Plan. RCW 36.70A.070 lists the mandatory elements that must be contained in the comprehensive plan, including a utilities element. Upon the reasonable request of the City, PSE agrees to participate in a cooperative effort with the City in updates to its utilities element to meet the GMA’s requirements, to the extent such information can be provided consistent with Law. 5.3 The Parties agree to cooperate in the planning and implementation of emergency operations response procedures. PSE will engage in the City emergency planning process at the reasonable request of the City; such participation shall be for informational purposes only and shall not obligate either party. 5.4 Upon written request from the City, PSE shall provide the City with the most recent update available of any plan of potential improvements to PSE's Facilities within the Franchise Area; provided, however, any such plan so submitted shall be for informational purposes only and shall not obligate PSE to undertake any specific improvements within the Franchise Area, nor shall such plan be construed as a proposal to undertake any specific improvements within the Franchise Area. 5.5 PSE shall provide to the City, upon the City's reasonable request, copies of available drawings in use by PSE showing the location of its Facilities within the Franchisee Area. As to any such drawings so provided, PSE does not warrant the accuracy thereof and, to the extent the location of Facilities are shown, such Facilities are shown in their approximate location. 5.6 PSE reserves the right to withhold information or require the City to sign a nondisclosure agreement for the release of information that is deemed Critical Electric//Energy Infrastructure Information (CEII) by the Federal Energy Regulatory Commission (FERC). CEII means information that relates to the production, generation, transportation, transmission, or distribution of energy in which the release may cause incapacity or destruction that would negatively affect security, economic security, public health, or safety, or any combination thereto. Any such withholding or nondisclosure agreement must be consistent with FERC regulations l8 CFR 388.113 (g) (5) and the Washington State Public Records Act, RCW 42.56. 5.7 In the event either PSE or the City shall cause excavations to be made within the Franchise Area, the Party causing such excavation shall afford the other, upon receipt of a written request to do so, an opportunity to use such excavation so long as such joint use does not unreasonably delay the work of the Party causing such excavation, and such joint use is arranged and accomplished upon terms and conditions reasonably satisfactory to the Party causing such excavation. With respect to any excavations by PSE or the City within the Franchise Area, nothing in this Franchise is intended (nor shall be construed) to relieve either Party of their respective obligations arising under Law with respect to determining the location of utility facilities.

Planning and Coordination. 5.1 4.1 The Parties shall each exercise best commercially reasonable efforts to coordinate construction work either may undertake within the Franchise Area so as to promote the orderly and expeditious performance and completion of such work as a whole. In so doing, the Parties shall undertake cooperative planning so as to promote the coordinated timing, location location, and prosecution of such work within the Franchise Area. Upon the request of either Party, but not more often than annually unless otherwise agreed upon by the Parties, the Parties shall meet to discuss and coordinate regarding future construction activities then being planned by either Party within the Franchise Area. Such discussions and coordination shall be for informational purposes only and shall not obligate either Party to undertake any specific improvements within the Franchise Area. 5.2 Pursuant 4.2 The City may, from time to the Growth Management Act (GMA)time, chapter 36.70A RCW, the City is required to prepare and periodically update its Comprehensive Plan. RCW 36.70A.070 lists the mandatory elements that must be contained in the comprehensive plan, including a utilities element. Upon the reasonable request of the City, PSE agrees to participate in a cooperative effort with the City in updates to its utilities element to meet the GMA’s requirements, to the extent such information can be provided consistent with Law.request: 5.3 The Parties agree to cooperate in the planning and implementation of emergency operations response procedures. PSE will engage in the City emergency planning process at the reasonable request of the City; such participation shall be for informational purposes only and shall not obligate either party. 5.4 Upon written request from the City, PSE shall provide the City with the most recent update available 4.2.1 Copies of any available PSE plan of for potential improvements to PSE's ’s Facilities within the Franchise AreaArea if and as such information is needed by the City for its own planning purposes; providedand 4.2.2 Copies of any available drawings in use by PSE showing the location of its Facilities within the Franchise Area if and as such information is needed by the City for right-of-way management purposes. Any such request by the City shall be reasonable in scope and at intervals that minimize administrative burdens on both Parties. Any release of such information to the City shall be subject to PSE’s prior approval, howeverwhich shall not be unreasonably withheld, any such plan conditioned, or delayed. Any information so submitted provided by PSE shall be for informational purposes only and shall not obligate PSE to undertake any specific improvements within the Franchise Area, nor shall such plan information be construed as a proposal to undertake any specific improvements within the Franchise Area. 5.5 PSE shall provide to the City, upon the City's reasonable request, copies of available drawings in use by PSE showing the location of its Facilities within the Franchisee Area. As to any such drawings information so provided, PSE does not warrant the accuracy thereof and, to the extent the location of Facilities are is shown, such Facilities are shown in their approximate location. 5.6 PSE reserves the right to withhold information or require the City to sign a nondisclosure agreement for the release of information that is deemed Critical Electric//Energy Infrastructure Information (CEII) by the Federal Energy Regulatory Commission (FERC). CEII means information that relates to the production, generation, transportation, transmission, or distribution of energy in which the release may cause incapacity or destruction that would negatively affect security, economic security, public health, or safety, or any combination thereto. Any such withholding or nondisclosure agreement must be consistent with FERC regulations l8 CFR 388.113 (g) (5) and the Washington State Public Records Act, RCW 42.56. 5.7 4.3 In the event either PSE or the City shall cause excavations to be made within the Franchise Area, the Party causing such excavation shall afford the other, upon receipt of a written request to do so, an opportunity to use such excavation so long as such joint use does not unreasonably delay the work of the Party causing such excavation, and such joint use is arranged and accomplished upon terms and conditions reasonably satisfactory to the Party causing such excavation. With respect to any excavations by PSE or the City within the Franchise Area, nothing in this Franchise is intended (nor shall be construed) to relieve either Party of their respective obligations arising under Law with respect to determining the location of utility facilities.