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June 30, 1997 <br />2. Energy conservation. Although such measures were requested by some <br />participants in the relicensing proceeding, the parties agree that no energy <br />conservation requirements are appropriate for these licenses. <br />3. Transmission Lines. After consideration of the location and length of <br />' Project transmission lines, the parties agree that no steps need be taken to <br />reduce the likelihood of incidental take of whooping cranes through collisions <br />with Project lines, and that no conditions need to be included in the Districts' <br />licenses requiring measures to address incidental take of whooping cranes <br />through collisions with Project or non - Project lines. Outside the context of the <br />' FERC relicensing, NPPD agrees to discuss and cooperate with FWS regarding <br />the need for marking of transmission lines as described in the attached appendix <br />entitled "Agreement on Transmission Lines." <br />4. Conforming License to Program Changes. NPPD and Central will <br />request appropriate license amendments from FERC as needed to conform their <br />licenses to any Program adjustments negotiated among the three States and DOI, <br />including specifically new requirements, if any, at the end of the first increment <br />and any subsequent Program increments. Nothing in this paragraph is intended <br />to waive or limit the right of Central or NPPD to argue that adjustments agreed <br />to by Nebraska are in excess of the District's equitable share of Nebraska's <br />obligations. Nor is this paragraph intended to waive the right of Central or <br />NPPD to revoke its reliance on the Program pursuant to Paragraph IV. H of the <br />Proposed Alternative and to not seek the conforming amendment referred to <br />herein. <br />5. Reopeners <br />The parties will request that the FERC licenses include reopener <br />authorities consistent with the following: <br />a. Changed Circumstances <br />No party to this agreement shall file any petition or application for <br />license amendment based on changed circumstances underlying the <br />commitments under these Principles of Agreement without first notifying <br />and consulting with the other parties to this agreement. Nothing herein <br />shall be construed as intending to preclude FWS from exercising its <br />obligations under ESA. <br />-21- <br />