Common use of Adaptive Management Plan Clause in Contracts

Adaptive Management Plan. The AMP will be submitted by PG&E to FERC at the time that PG&E files its license amendment application pursuant to this MOU. The Parties acknowledge that implementation of the AMP could later involve proposals for changes in operations, project facilities, and possible decommissioning of some additional FERC Project No. 1121 facilities to improve biological effectiveness and habitat values for chinook salmon or steelhead. Subject to Section 6.1 D, the Parties agree that for the term of the existing FERC license, and any subsequent annual licenses, the instream flows developed by the AMP will not be lower than the prescribed instream flow releases specified in Attachment 1, unless agreed to by the Resource Agencies, and submitted to FERC for approval. The Parties acknowledge that the Resource Agencies cannot waive their responsibilities under federal and state law, and specifically reserve their jurisdiction under the ESA and other federal and state laws. If prescribed instream flow releases are reduced below those specified in Attachment 1, and later determined to be insufficient, any later increase of prescribed instream flow releases up to the amounts described in Attachment 1 shall not be compensated by funds provided in Sections 9.2 A and 9.2 B. However, any increase of prescribed instream flow releases above those set forth in Attachment 1 shall be compensated through the AMP. In order to ensure timely implementation of Adaptive Management measures, the AMP will identify the range of possible Restoration Project adjustments that may be implemented due to new information, risk, uncertainty, or opportunity. The intent of this provision is to enable FERC to approve the range of future adjustments that may be undertaken pursuant to this license amendment.