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2009/09/16 Council Agenda Packet
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2009/09/16 Council Agenda Packet
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Council Agenda Packet
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9/16/2009
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8 <br /> disputes arising under sections 4.2.1,4.4,4.5,and 4.7,the specified time for <br /> Notice-Shall apply Eacli Partytliat wishes to participafe'ui di§pile resoiutiou <br /> shall provide written Notice to the other Parties within twenty(20)days of <br /> receiving the dispute initiation Notice. <br /> 5.2.2 Informal Meetings <br /> The Disputing Parties shall hold at least two(2)informal meetings to resolve the <br /> dispute,unless agreed otherwise,commencing within thirty(30)days after the <br /> dispute initiation Notice and concluding within sixty(60)days. If the Parties are <br /> unable to resolve the dispute,at least one(1)meeting will be held at the <br /> management level to seek resolution. The 60-day period may be extended upon <br /> mutual agreement of the Disputing Parties. If these meetings fail to resolve the <br /> dispute,the Disputing Parties may,by unanimous consent,agree to mediation. <br /> The Party claiming the dispute shall be responsible for coordinating all meetings <br /> under this section and shall make good faith efforts to coordinate a meeting time <br /> and location satisfactory to all Disputing Parties. <br /> 5.2.3 Mediation <br /> The Disputing Parties shall choose a mediator within thirty(30)days of the <br /> conclusion of the meetings. Mediation shall not occur if the Disputing Parties <br /> cannot unanimously agree on the allocation of costs or choice of mediator. The, <br /> mediation process shall be concluded not later than sixty(60)days after the <br /> mediator is selected. The above time periods may be shortened or lengthened <br /> upon mutual agreement of the Disputing Parties. <br /> 5.2A Dispute Resolution Notice <br /> The Party initially claiming the dispute shall provide Notice to all Parties of the <br /> result of the ADR process. <br /> 5.2.5 FERC Filings After Dispute Resolution <br /> If the Licensee is required to make a FERC filing relating to an issue that was not • <br /> successfully resolved through ADR,such filing will include the Licensee's <br /> reasons,based on Project-specific information,for not adopting a Party's <br /> recommendation or for seeking FERC approval without obtaining agency <br /> approval. Any other Party may oppose or seek modification of the Licensee's <br /> filing. <br /> 5.2.6 Effect of ADR on Other Proceedings <br /> The ADR process in this section 5 does not preclude any Party from timely filing <br /> and pursuing an action for administrative or judicial relief of any FERC order, <br /> compliance matter,or other regulatory action related to the Project License; <br /> DRAFT—CONFIDENTIAL <br /> SETTLEMENT DOCUMENT-21 <br />
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