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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 /> 4.3 The Licensee shall implement any action where consensus by the ARC has been <br /> reached,"subject to the regiiireinentsof the-Project License(siichas filing fbt'Conitit(ssiioii <br /> approval)and any necessary regulatory approval. Subject to 4.4,in the absence of consensus, <br /> the Licensee may proceed to file plans or make any required filings necessary to meet a License <br /> deadline. Unless otherwise noted,the Licensee shall file with the Commission any plans or other <br /> required actions within seven(7)days of ARC approval or of an agency decision in case of <br /> dispute resolution. Prior to implementing a plan or other required action,the Licensee shall <br /> obtain the Commission's approval and any necessary agency approval. <br /> 4.4 The Licensee shall file with the Commission documentation of all consultations <br /> with the ARC or specific agencies as required by a specific license article in the Project License, <br /> any member's concerns and responses thereto,and any other written comments provided to the <br /> Licensee. Consultation shall not mean consultation under Section 7 of the Endangered Species <br /> Act or other federal laws requiring consultation unless specifically provided. <br /> 4.5 Unless otherwise noted in a specific license article in the Project License,the <br /> Licensee shall allow a minimum of thirty(30)days for ARC membercomments and <br /> recommendations before submitting the document to the federal agencies for approval. When <br /> filing the document with the Commission,the Licensee shall include documentation of <br /> consultation,copies of comments and recommendations,and specific descriptions of how <br /> comments and recommendations from ARC members are accommodated by the Licensee's plan. <br /> If the Licensee does not adopt a recommendation,the filing shall include the Licensee's reasons <br /> based on project-specific information. <br /> 4.6 The Licensee may seek review from the ARC participants individually on matters <br /> in which they have expertise prior to seeking consensus of the ARC. <br /> 5.0 DISPUTE RESOLUTION <br /> ARC members shall first use the dispute resolution process of Settlement Agreement <br /> section 5 to resolve disputes arising from ARC deliberations,prior to seeking remedies in any <br /> other forum. <br /> 79 <br />
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