2009/09/16 Council Agenda Packet

8 F. The Parties to this Settlement Agreement have reached resolution of issues related to the relicensingpf the Project,as described in this Settlement Agreement. TERMS OF AGREEMENT The Parties hereby agree as follows: 1. General Provisions 1.1 Effective Date of Settlement Agreement This Settlement Agreement shall become effective upon its execution by all Parties. 1.2 Actions by the Licensee 1.2.1 Offer of Settlement Within 30 days of the Effective Date,the Licensee shall,on behalf of the Parties, file an Offer of Settlement with FERC pursuant to Rule 602 of FERC's Rules of Practice and Procedure, 18 C.F.R.§385.602. This filing shall'consist of an executed copy of this Settlement Agreement,including the Appendices and a Joint Explanatory Statement. The Joint Explanatory Statement shall request that FERC:(i)approve the Offer of Settlement,and(ii)issue a new forty(40)year license for the Jackson Project that incorporates—without Material Modification —the proposed license articles set forth in Appendix 1 of the Settlement Agreement. 1.2.2 Early Implementation Actions Prior to issuance of a Project License,the Licensee shall implement the measures stated in Appendix 4 consistent with the applicable schedule. 1.3 Term of Settlement Agreement The term of this Settlement Agreement shall commence on the Effective Date and shall continue through the term of the Project License including any subsequent annual license(s):(i)unless terminated as provided in section 6.3;or(ii)until the date of any FERC order approving surrender of the Project License;or(iii)until any irrevocable actions by the Licensee to physically decommission the Project after the expiration date of the Project License. 1.4 Definitions 401 Certification shall mean the water quality certification pursuant to Section 401 of the CWA,33 U.S.C.§ 1341,issued by WDOE. DRAFT—CONFIDENTIAL SETTLEMENT DOCUMENT-4 42