SERIOUS ENVIRONMENTAL CONCERNS Sample Clauses

SERIOUS ENVIRONMENTAL CONCERNS. Appendix K to PG&E’s 2011 solicitation protocol states specific subcomponents of the RPS Goals evaluation criterion. Among these is “environmental stewardship”, which is identified in the CPUC’s Decision 00-00-000 as one of a few designated “qualitative attributes” that the Decision allowed the IOUs to use as the basis for including Offers on a short list, subject to (1) the Offer being within reasonable price proximity to others selected and (2) support from the utility’s PRG prior to elevation. In the 2011 RFO, PG&E’s evaluation team screened Offers to identify higher-valued projects with potentially serious environmental impacts; this is the contrapositive of the logic stated in Decision 00-00-000, in that PG&E is using a qualitative attribute to reject Offers from its short list. The team identified only a few Offers as posing sufficiently egregious threats to consider rejection on the basis of the most serious environmental concerns. These typically related to concerns regarding impact to endangered or threatened species from construction of a generating facility in close proximity to critical habitat. In administrating its methodology, PG&E only rejected one 2011 Offer based solely on serious environmental concerns; it was adjacent to known occurrences of both endangered and fully protected species. Other projects that were identified as posing such concerns were rejected anyway based on inadequate value or viability scores.
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SERIOUS ENVIRONMENTAL CONCERNS. Appendix K to PG&E’s 2009 solicitation protocol states various attributes of a renewable project regarding which Offers are scored to arrive at a rating for support of RPS Goals. Among these is “environmental stewardship”, which is identified in the CPUC’s Decision 00-00-000 as one of a few designated “qualitative attributes” that the Decision allowed the IOUs to use as the basis for including Offers on a short list, subject to (1) the Offer being within reasonable price proximity to others selected and (2) support from the utility’s PRG prior to elevation.20 In the 2009 RFO, PG&E’s administration of its methodology to exclude Offers that pose serious environmental concerns represents the contrapositive of the CPUC’s specific thinking in that Decision: instead of using this element of the RPS Goals criterion to elevate a lower-valued but uniquely environmentally beneficial Offer onto the short list, PG&E is using the qualitative attribute to demote higher-valued but environmentally detrimental projects from the short list. In the interest of transparency of the solicitation, Xxxxxx would recommend that future solicitation materials clarify that, within the components that make up the RPS Goals evaluation criterion, the specific review of environmental stewardship attributes can serve as the basis for rejection of Offers that raise serious concerns.
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SERIOUS ENVIRONMENTAL CONCERNS. Appendix K to PG&E’s 2009 solicitation protocol states various attributes of a renewable project regarding which Offers are scored to arrive at a rating for support of RPS Goals. Among these is “environmental stewardship”, which is identified in the CPUC’s Decision 00-00-000 as one of a few designated “qualitative attributes” that the Decision allowed the IOUs to use as the basis for including Offers on a short list, subject to (1) the Offer being within reasonable price proximity to others selected and (2) support from the utility’s PRG prior to elevation.23 In the 2009 RFO, PG&E’s administration of its methodology to exclude Offers that pose serious environmental concerns represents the contrapositive of the CPUC’s specific thinking in that Decision: instead of using this element of the RPS Goals criterion to elevate a lower-valued but uniquely environmentally beneficial Offer onto the short list, PG&E is using the qualitative attribute to demote higher-valued but environmentally detrimental projects from the short list.
Sample 1

Related to SERIOUS ENVIRONMENTAL CONCERNS

  • Environmental Conditions A Phase I environmental site assessment (or update of a previous Phase I and or Phase II environmental site assessment) and, with respect to certain Mortgage Loans, a Phase II environmental site assessment (collectively, an “ESA”) meeting ASTM requirements conducted by a reputable environmental consultant in connection with such Mortgage Loan within 12 months prior to its origination date (or an update of a previous ESA was prepared), and such ESA (i) did not identify the existence of recognized environmental conditions (as such term is defined in ASTM E1527-13 or its successor, hereinafter “Environmental Condition”) at the related Mortgaged Property or the need for further investigation, or (ii) if the existence of an Environmental Condition or need for further investigation was indicated in any such ESA, then at least one of the following statements is true: (A) an amount reasonably estimated by a reputable environmental consultant to be sufficient to cover the estimated cost to cure any material noncompliance with applicable Environmental Laws or the Environmental Condition has been escrowed by the related Mortgagor and is held or controlled by the related Mortgagee; (B) if the only Environmental Condition relates to the presence of asbestos-containing materials, radon in indoor air, lead based paint or lead in drinking water, the only recommended action in the ESA is the institution of such a plan, an operations or maintenance plan has been required to be instituted by the related Mortgagor that can reasonably be expected to mitigate the identified risk; (C) the Environmental Condition identified in the related environmental report was remediated or abated in all material respects prior to the date hereof, and, if and as appropriate, a no further action or closure letter was obtained from the applicable governmental regulatory authority (or the environmental issue affecting the related Mortgaged Property was otherwise listed by such governmental authority as “closed” or a reputable environmental consultant has concluded that no further action is required); (D) an environmental policy or a lender’s pollution legal liability insurance policy that covers liability for the identified circumstance or condition was obtained from an insurer rated no less than “A-” (or the equivalent) by Xxxxx’x Investors Service, Inc., S&P Global Ratings, acting through Standard & Poor’s Financial Services LLC, Fitch Ratings, Inc. and/or A.M. Best Company; (E) a party not related to the Mortgagor was identified as the responsible party for such condition or circumstance and such responsible party has financial resources reasonably estimated to be adequate to address the situation; or (F) a party related to the Mortgagor having financial resources reasonably estimated to be adequate to address the situation is required to take action. To the Mortgage Loan Seller’s knowledge, except as set forth in the ESA, there is no Environmental Condition (as such term is defined in ASTM E1527-13 or its successor) at the related Mortgaged Property.

  • Environmental Compliance (a) No Loan Party or Restricted Subsidiary (i) has failed to comply in all material respects with applicable Environmental Law or to obtain, maintain or comply with any Environmental Permit, (ii) has become subject to any Environmental Liability, (iii) has received notice of any claim with respect to any material Environmental Liability or (iv) has a Responsible Officer with knowledge of any basis for any material Environmental Liability, except, in each case, as would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect. (i) None of the properties currently or formerly owned or operated by any Loan Party or Restricted Subsidiary is or was listed or, to the knowledge of any Responsible Officer was proposed for listing on the NPL or on the CERCLIS or any analogous state or local list at any time while such property was owned by such Loan Party or, to the knowledge of any Responsible Officer, at any time prior to or after such property was owned by such Loan Party, and, to the knowledge of any Responsible Officer, no property currently owned or operated by any Loan Party or Restricted Subsidiary is adjacent to any such property, in each case in connection with any matter for which any Loan Party or Restricted Subsidiary would have any material Environmental Liability; (ii) there are no, or, to the knowledge of any Responsible Officer, never have been any underground or above-ground storage tanks or any surface impoundments, septic tanks, pits, sumps or lagoons in which Hazardous Materials are being or have been treated, stored or disposed on any property currently owned or operated by any Loan Party or Restricted Subsidiary in violation of any Environmental Laws or, to the knowledge of any Responsible Officer, on any property formerly owned or operated by any Loan Party or Restricted Subsidiary; (iii) there is no friable asbestos or friable asbestos-containing material on any property currently owned or operated by any Loan Party or Restricted Subsidiary; (iv) Hazardous Materials have not been Released, discharged or disposed of on any property currently or formerly owned or operated by any Loan Party or Restricted Subsidiary in violation of any Environmental Laws; and (v) to the knowledge of any Responsible Officer, there are no pending or threatened Liens under or pursuant to any applicable Environmental Laws on any real property or other assets owned or leased by any Loan Party or Restricted Subsidiary, and to the knowledge of any Responsible Officer, no actions by any Governmental Authority have been taken or are in process which would subject any of such properties or assets to such Liens, except, in the case of clauses (i) through (v) above, as would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect. (c) No Loan Party or Restricted Subsidiary is undertaking, and no Loan Party or Restricted Subsidiary has completed, either individually or together with other potentially responsible parties, any investigation or assessment or remedial or response action relating to any actual or threatened Release, discharge or disposal of Hazardous Materials at any site, location or operation, either voluntarily or pursuant to the order of any Governmental Authority or the requirements of any Environmental Law that has or would reasonably be expected to have a Material Adverse Effect; and all Hazardous Materials generated, used, treated, handled or stored at, or transported to or from, any property currently or formerly owned or operated by any Loan Party or Restricted Subsidiary have been disposed of in a manner not reasonably expected, individually or in the aggregate, to have a Material Adverse Effect.

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