(b) Commence construction of the Oxbow unit within four years of the effective date of this license, and shall thereafter in good faith and with due diligence prosecute such construction; and shall complete that unit in 24 months. (c) Commence construction of the low Hells Canyon unit within six years of the effective date of this license, and shall thereafter in good faith and with due diligence prosecute such construction; and shall complete that unit in 36 months. Article 29. The Licensee shall submit, in accordance with the Commission's rules and regulations, revised Exhibit L, and Licensee shall not begin construction of the project works in any unit until the Commission approves the exhibits relating to that unit. Article 30. The final design of the spillways at the dams of the proposed project shall be based on model tests. Article 31. The Licensee shall, within one year from the date of commencement of construction of each unit, file with the Commission Exhibits F and K in accordance with the rules and regulations of the Commission. Article 32. The Licensee shall prior to flooding clear lands in the bottoms and margin of the reservoirs up to high water level, and shall dispose of all temporary structures, unused timber, brush, refuse, or inflammable material resulting from the clearing of the lands or from the construction and maintenance of the projects works. In addition, all trees along the margin of the reservoirs which may die during the operation of the project shall be removed. The clearing of the lands and the disposal of the material shall be done with due diligence and to the satisfaction of the authorized representative of the Commission. Article 33. The Licensee shall cooperate with the Smithsonian Institution in the salvage of archeological values at four sites recommended by that Institution in a report dated January 1951 (Exhibit 10), and the Licensee shall, upon request of the Institution and further order of the Commission, contribute to that Institution the sum of $12,000 for archeological excavations. Article 34. The Licensee shall make available to the Secretary of the Interior, upon his request and further order of the Commission, a sum up to $250,000 for use by the Fish and Wildlife Service to carry out detailed studies of the extent and character of the fishery resource of the project areas and to devise means and measures for mitigating losses to that resource. Article 35. The Licensee shall construct, maintain and operate or shall arrange for the construction, maintenance and operation of such fish ladders, fish traps or other fish handling facilities or fish protective devices and provide fish hatchery facilities for the purpose of conserving the fishery resources and comply with such reasonable modifications of the project structures and operation in the interest of fish life as may be prescribed hereafter by the Commission upon its own motion or upon the recommendations of the Secretary of the Interior and the conservation agencies of the States of Idaho and Oregon. Article 36. The Licensee shall negotiate with the Fish and Game Commission of the State of Oregon and Department of Fish and Game of the State of Idaho with respect to the amount the Licensee shall pay each year to defray a reasonable portion of the operation and maintenance cost of fishery facilities to be provided under the license. Should the Licensee and the State agencies fail to agree on the amount to be paid by the Licensee for such purpose, the Commission reserves the right to determine the amount of this annual payment after notice and opportunity for hearing. Article 37. The Licensee shall negotiate with the Game Commission of the State of Oregon and the Department of Fish and Game of the State of Idaho with respect to the acquisition by the Licensee for the State agencies of island and marsh areas along the Snake River for development as substitutes for waterfowl nesting areas to be lost by reservoir inundation. Should the Licensee and the State agencies fail to agree on the acquisition of such lands, the Commission reserves the right to make a final determination in this matter after notice and opportunity for hearing. Article 38. The Licensee shall make available to the Secretary of the Interior, upon his request and further order of the Commission, a sum up to $60,000 for the preparation by the National Park Service in cooperation with Licensee, of a recreational master plan. Article 39. The Licensee shall operate the project and its system in coordination with the Northwest Power Pool and shall arrange for such transmission facilities as may be required for such operation. Article 40. At such time as the Commission may direct and to the extent that it is economically sound and in the public interest to do so, after notice and opportunity for hearing, the Licensee shall install additional generating units at the Brownlee, Oxbow, and/or low Hells Canyon units. Article 41. The project shall be operated in such manner as will not conflict with the future depletion in flow of the waters of Snake River and its tributaries, or prevent or interfere with the future upstream diversion and use of such water above the backwater created by the project, for the irrigation of lands and other beneficial consumptive uses in the Snake River waterhead. Article 42. In the interest of flood control the Licensee shall operate the project as follows: (a) The total live storage space of about 1,000,000 acre-feet between elevation 1976 and elevation 2,077 mean sea level will be made available for flood control use if and as required. (b) The reservoir level elevation will be no higher than elevation 2,034 by 1 March of each year to provide about 500,000 acre-feet of storage space for flood control use at that time each year. (c) Additional storage space required up to 500,000 acre-feet will be obtained by evacuation as necessary during the month of March in a manner to insure availability on or before 1 April of the total storage capacity needed for flood control, as estimated by the Corps of Engineers. This space will be retained until capture of flood flows is requested by the Corps of Engineers, subject to possible involuntary storage as may be required due to temporary inflows in excess of outlet capacity, or until refilling in the interest of power output is authorized by the Corps of Engineers. In the event of involuntary storage, full capacity will be regained as soon as possible. (d) During the flood storage period controlled outflows will be as requested by the Corps of Engineers. Daily outflows of 30,000 acre-feet, as a minimum, will be permitted when required for power purposes. (e) In order to achieve the above operation for flood control, discharge capacity of 65,000 c. f. s. at minimum pool, evaluation 1976, including gated outlet capacity plus one-half of the ultimate turbine capacity, is to be provided by the Licensee. (f) The above conditions will be subject to review from time to time as requested by the Licensee or the Corps of Engineers. Article 43. The project shall be operated in the interest of navigation to maintain 13,000 c. f. s. flow in the Snake River at Lime Point (river mile 172) a minimum of 95% of the time, when determined by the Chief of Engineers to be necessary for navigation. Regulated flows of less than 13,000 c. f. s. will be limited to the months of July, August, and September, during which time operation of the project would be in the best interest of power and navigation, as mutually agreed to by the Licensee and the Corps of Engineers. The minimum flow during periods of low flow or normal minimum plant operations will be 5,000 c. f. s. at Johnson's Bar, at which point the maximum variation in river stage will not exceed one foot per hour. These conditions will be subject to review from time to time as requested by either party. Article 44. The Licensee shall pay the United States the following annual charges for the purpose of reimbursing it for the costs of administration of Part I of the Act: One (1) cent per horsepower on the authorized installed capacity (1,208,000 horsepower) plus two and one-half (22) cents per 1000 kilowatt-hours of gross energy generated by the project during the calendar year for which charge is made. The Licensee shall also pay to the United States such charges as may be specified hereafter for the purpose of recompensing the United States for the use, occupancy and enjoyment of its lands, including transmission line right-of-way. Article 45. The Commission expressly reserves the right to determine at a later date the question of what transmission lines and appurtenant facilities, if any, shall be covered in this license and included as part of the project works. (C) The exhibits described in finding (54) above are approved as part of the license for the project. (D) This order shall become final thirty (30) days from the date of its issuance unless application for rehearing shall be filed as provided by Section 313 (a) of the Act, and failure to file such an application shall constitute acceptance of this license. In acknowledgement of the acceptance of this license, it shall be signed for the Licensee and returned to the Commission within sixty (60) days from the date of issuance of this order. |