Common use of Retained Discretion of SFPUC and Wholesale Customers Clause in Contracts

Retained Discretion of SFPUC and Wholesale Customers. A. This Agreement contemplates discretionary actions that the SFPUC and the Wholesale Customers may choose to take in the future that could result in physical changes to the environment ("Discretionary Actions"). The Discretionary Actions include decisions to: 1. Develop additional or alternate water resources by the SFPUC or one or more Wholesale Customers; 2. Implement the physical facilities comprising the WSIP by December 31, 2015; 3. Approve wheeling proposals by Wholesale Customers; 4. Approve new wholesale customers and water exchange or cost sharing agreements with other water suppliers; 5. Provide additional water to San Xxxx and/or Santa Xxxxx; 6. Offer permanent status to San Xxxx and/or Santa Xxxxx; 7. Reduce or terminate supply to San Xxxx and/or Santa Xxxxx; 8. Provide additional water to Wholesale Customers in excess of the Supply Assurance to meet their projected future water demands; and 9. Offer a corresponding volumetric increase in the Supply Assurance. The Discretionary Actions may require the SFPUC or Wholesale Customers to prepare environmental documents in accordance with CEQA prior to the SFPUC or the Wholesale Customers determining whether to proceed with any of the Discretionary Actions. Accordingly, and notwithstanding any provision of this Agreement to the contrary, nothing in this Agreement commits the SFPUC or the Wholesale Customers to approve or carry out any Discretionary Actions that are subject to CEQA. Furthermore, the SFPUC’s or Wholesale Customers’ decisions to approve any of these Discretionary Actions are subject to the requirement that San Francisco and each Wholesale Customer, as either a “Lead Agency” (as defined in Section 21067 of CEQA and Section 15367 of the CEQA Guidelines) or a “Responsible Agency” (as defined in Section 21069 of CEQA and Section 15381 of the CEQA Guidelines) shall have completed any CEQA-required environmental review prior to approving a proposed Discretionary Action. B. In considering any proposed Discretionary Actions, the SFPUC and Wholesale Customers retain absolute discretion to: (1) make such modifications to any of the proposed Discretionary Actions as may be necessary to mitigate significant environmental impacts;

Retained Discretion of SFPUC and Wholesale Customers. A. This Agreement contemplates discretionary actions that the SFPUC and the Wholesale Customers may choose to take in the future that could result in physical changes to the environment ("“Discretionary Actions"”). The Discretionary Actions include decisions to: 1. Develop additional or alternate water resources by the SFPUC or one or more Wholesale Customers; 2. Implement the physical facilities comprising the WSIP by December 31, 2015; 3. Approve wheeling proposals by Wholesale Customers; 4. Approve new wholesale customers and water exchange or cost sharing agreements with other water suppliers; 5. Provide additional water to San Xxxx and/or Santa Xxxxx; 6. Offer permanent status to San Xxxx and/or Santa Xxxxx; 7. Reduce or terminate supply to San Xxxx and/or Santa Xxxxx; 8. Provide additional water to Wholesale Customers in excess of the Supply Assurance to meet their projected future water demands; and 9. Offer a corresponding volumetric increase in the Supply Assurance. The Discretionary Actions may require the SFPUC or Wholesale Customers to prepare environmental documents in accordance with CEQA prior to the SFPUC or the Wholesale Customers determining whether to proceed with any of the Discretionary Actions. Accordingly, and notwithstanding any provision of this Agreement to the contrary, nothing in this Agreement commits the SFPUC or the Wholesale Customers to approve or carry out any Discretionary Actions that are subject to CEQA. Furthermore, the SFPUC’s or Wholesale Customers’ decisions to approve any of these Discretionary Actions are subject to the requirement that San Francisco and each Wholesale Customer, as either a “Lead Agency” (as defined in Section 21067 of CEQA and Section 15367 of the CEQA Guidelines) or a “Responsible Agency” (as defined in Section 21069 of CEQA and Section 15381 of the CEQA Guidelines) shall have completed any CEQA-required environmental review prior to approving a proposed Discretionary Action. B. In considering any proposed Discretionary Actions, the SFPUC and Wholesale Customers retain absolute discretion to: (1) make such modifications to any of the proposed Discretionary Actions as may be necessary to mitigate significant environmental impacts;; (2) select feasible alternatives to the proposed Discretionary Actions that avoid significant adverse impacts; (3) require the implementation of specific measures to mitigate the significant adverse environmental impacts as part of the decision to approve the Discretionary Actions; (4) balance the benefits of the proposed Discretionary Actions against any significant environmental impacts before taking final actions to approve the proposed Discretionary Actions if such significant impacts cannot otherwise be avoided; or (5) determine not to proceed with the proposed Discretionary Actions.