Common use of 401 Certification Clause in Contracts

401 Certification. 7.4.2.1 The Parties recognize that Ecology has not issued a 401 Certification related to surrender of the Project License or issuance of the SUA. Pursuant to applicable regulations, PUD will file the application set forth in Appendix I to request a Section 401 Water Quality Certification from Ecology. By entering into this Settlement Agreement, Ecology is not making a pre-decisional determination of the outcome of the 401 Certification. Implementation of the PM&Es set forth in Appendices A, B and D is not an admission by PUD that the Project causes or contributes to a violation of applicable water quality standards for temperature or that the Project reservoirs fail to comply with applicable water quality standards for temperature. Nor do the PM&Es serve as an admission by Ecology that the Project or reservoirs are in compliance with applicable temperature standards. As necessary to preserve the above understanding regarding temperature, PUD reserves the right to appeal the 401 Certification as it relates to temperature, regardless of whether the certification contains a Material Modification of this Settlement Agreement. Further, entry into this Agreement does not restrict the right of any Party to appeal the temperature Total Maximum Daily Load (“TMDL”) for the applicable segment of the Pend Oreille River. 7.4.2.2 As to PUD’s application for a 401 Certification, the Parties, other than Ecology, respectfully request that Ecology accept and incorporate, without modification, as conditions to the 401 Certification issued to PUD, all Proposed License Surrender and SUA Conditions that are within Ecology’s jurisdiction pursuant to Section 401 of the CWA. The Parties further request that Ecology not include in the 401 Certification conditions that constitute a Material Modification of the License Surrender Order or SUA. 7.4.2.3 Consistent with Section 5.1, Ecology anticipates, based upon existing analyses and information, that the Proposed License Surrender and SUA Conditions will be consistent with Section 401 of the CWA. 7.4.2.4 Ecology reserves the right to amend its 401 Certification by further administrative order if it determines that, based upon new information, the provisions hereof are no longer adequate to provide reasonable assurance of compliance with applicable water quality standards or other appropriate requirements of state law.

401 Certification. 7.4.2.1 The Parties recognize that Ecology has not issued a 401 Certification related to surrender of the Project License or issuance of the SUANew License. Pursuant to applicable FERC regulations, PUD SCL will file the application set forth in Appendix I 3 to request a Section 401 Water Quality Certification from Ecology. By entering into this Settlement Agreement, Ecology is not making a pre-decisional determination of the outcome of the 401 Certification. Implementation of the PM&Es TAP set forth in Appendices A, B and D Settlement Exhibit 9 is not an admission by PUD SCL that the Project causes or contributes to a violation of applicable water quality standards for temperature or that the Project reservoirs fail reservoir fails to comply with applicable water quality standards for temperature. Nor do does the PM&Es TAP serve as an admission by Ecology that the Project or reservoirs reservoir are in compliance with applicable temperature standards. As necessary to preserve the above understanding regarding temperature, PUD SCL reserves the right to appeal the 401 Certification as it relates to temperature, regardless of whether the certification contains a Material Modification of this Settlement Agreement. Further, entry into this Agreement does not restrict the right of any Party to appeal the temperature Total Maximum Daily Load (“TMDL”) for the applicable segment of the Pend Oreille River. 7.4.2.2 As to PUDSCL’s application for a 401 Certification, the Parties, other than Ecology, respectfully request that Ecology accept and incorporate, without modificationMaterial Modifications, as conditions to the 401 Certification issued to PUDSCL, all Proposed License Surrender Articles and SUA Conditions the Water Quality Plans that are within Ecology’s jurisdiction pursuant to Section 401 of the CWA. The Parties further request that Ecology not include in as conditions to the 401 Certification conditions that constitute a Material Modification of the License Surrender Order or SUANew License. 7.4.2.3 Consistent with Section 5.1, Ecology anticipates, based upon existing analyses and information, that the Proposed License Surrender Articles and SUA Conditions Water Quality Plans will be consistent with Section 401 of the CWA. 7.4.2.4 Ecology reserves the right to amend its 401 Certification by further administrative order if it determines that, based upon new information, the provisions hereof are no longer adequate to provide reasonable assurance of compliance with applicable water quality standards or other appropriate requirements of state law.