Dam Transfer Scenarios Sample Clauses

Dam Transfer Scenarios. The target date for initiation of removal of the Facilities is 2020, provided that the actual date for initiation of removal shall be determined as a function of the following: (1) the level of the customer surcharge for Facilities removal agreed by the Parties; (2) the flow requirements during interim operations; and (3) the requirements for investment in interim measures. Exhibit 1 to this agreement contains six potential scenarios which represent the range of possible outcomes in determining initiation of removal of the Facilities. The Final Agreement will contain one or more scenarios that are economically equivalent for PacifiCorp’s customers to the scenarios outlined in Exhibit 1. The Final Agreement may also contain other elements that may affect the initiation of removal of the Facilities by providing additional value to PacifiCorp’s customers. These additional elements may include the following: (1) additional flows created by the Klamath Basin Restoration Agreement, (2) third-party funding for restoration and replacement power, (3) earnings on the surcharge trust, (4) generation during the Facility removal stage, and (5) any other option to provide additional value or offset costs that can be identified and agreed upon by the Parties. The interim measures shall no longer be required if: (a) the United States determines that the benefits of Facility removal do not justify the potential costs, risks, liabilities or other adverse consequences associated with removal of any specific hydropower Facility or Facilities licensed to PacifiCorp, and determines not to remove the hydropower Facility or Facilities; or (b) any Party exercises a Right of Withdrawal; or (c) the Final Agreement is terminated prior to Facilities removal.
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