Flow Adjustments to Enhance Fish Spawning Sample Clauses

Flow Adjustments to Enhance Fish Spawning. Progress Energy shall operate its Xxxxxxx Falls facility during certain times of the year in a manner intended to enhance fish spawning conditions downstream of the Xxxxxxx Falls Development as described and defined below. These time periods are referred to herein as “flow adjustment operations” and they shall occur each year as either (a) one 14-day and one 10-day period or (b) five 5-day periods. In any event, these periods of flow adjustment to enhance spawning will be characterized by the following: • Flow adjustment operations shall occur between February 1 and May 15. • The specific time periods in each year will be decided upon by resource agencies, Progress Energy, and APGI (collectively, the “Spawning Flow Management Team”). Other entities able to demonstrate relevant fisheries expertise may participate in these discussions. If the option of one 14-day period and one 10-day period is chosen, Progress Energy must be notified of the specific dates at least 14 days prior to the start of each period. If the option of five 5-day periods is chosen, Progress Energy must be notified of the entire schedule at least 10 days in advance of the start of the first of the 5-day periods. • Periods of flow adjustment operations shall be chosen by the Spawning Flow Management Team based on interpretation of relevant factors that might include, but are not limited to, water temperature and weather data, projected inflow conditions, and observations of fish spawning behavior. If the option of five 5-day periods is implemented, two of these periods must occur between April 15 and May 15. • Because of concerns regarding the predictability of inflows over longer periods of time, the individual flow adjustment periods must be separated by at least one week, unless otherwise approved by Progress Energy. • If a period of unusually low inflow to Xxxxxxx Falls Reservoir or a Low Inflow Protocol (“LIP”) period occurs during a previously selected flow adjustment operation period, the release of the required minimum continuous flow (or in the case of an LIP event, the LIP flow) will still be considered a flow adjustment period. • If a period of higher inflow to Xxxxxxx Falls Reservoir occurs during a selected flow adjustment operation period, wherein there is a continuous operation of all commercially available turbines in the Xxxxxxx Falls powerhouse, possibly accompanied by additional spillage over the dam crest, this period will count as a flow adjustment period so long as a...
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