Coldwater Habitat and Fishery Mitigation and Enhancement Fund (Fund Sample Clauses

Coldwater Habitat and Fishery Mitigation and Enhancement Fund (Fund. On issuance of the New Project License, Licensee shall establish a tracking account and fund a total of $5,000,000 (current dollars) for expenditure on water temperature control measures. Seventy-five months after such issuance of the New Project License, Licensee shall add to the Fund an additional amount not to exceed $2,000,000 (January 2001 dollars, escalated per Paragraph 4.5.5 of this Settlement), provided the ERC and FS make an affirmative determination, based on the first 5 years of monitoring results, that further measures are necessary to maintain mean daily water temperatures of 20 degrees Celsius in the Rock Creek and Cresta Reaches, and that the additional funding is appropriate for this purpose. The balance in the Fund shall accrue interest at the 90-day commercial paper rate as published by the Federal Reserve Bank of New York, credited on a quarterly basis. The primary purpose of the Fund shall be the temperature control measures described in Paragraphs 2 and 4 of this section, exclusive of the development and implementation of the temperature monitoring plan pursuant to Paragraph 3 of this section. The Fund may be used to undertake other measures that directly enhance coldwater habitat and fishery in the Rock Creek and Cresta Reaches, if the ERC and FS determine that further expenditure on temperature control measures will not be effective in maintaining a mean daily water temperatures of 20 degrees Celsius or less in these reaches. The Fund shall not be used, however, to compensate the Licensee for foregone power generation due to flow schedules stated in Section II, Table A below. The Fund may be used to purchase additional flow only if the ERC has determined that no other reasonable temperature control measures are available. Decisions on expenditures to be charged to the Fund shall be made by the ERC and FS. Such decisions shall be based on the best scientific information available and the use of sound scientific methods. No expenditure shall be made and charged to the Fund in absence of any necessary regulatory or other legal approval, or for actions that would be in conflict with any regulatory, legal, or contractual requirement. All temperature control measures identified pursuant to Paragraphs 2 and 4 of this section shall be funded from the Fund. If the Prattville Intake Modification is determined to be the Submerged Curtain/Skimmer Wall pursuant to Paragraph 2 of this section, Licensee shall debit the Fund $3,000,000 for the cost...
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