OCR Text |
Show 434 INTERNATIONAL TREATIES agree thereon, an additional offsetting adjustment in the operation of the portion of the System described in Step I of Annex B of the Treaty which is in the United States of America and which would result in only an energy loss will be made if the Canadian Entity delivers to the United States Entity energy sufficient to make up one half that energy loss. "(4) In order to make up any reduction in the Canadian Entitle- ment, which reduction is to be determined in accordance with Section 6 of the Canadian Entitlement Purchase Agreement, the United States Entity will cause to be delivered the least expensive capacity and energy available and, to the extent that it would be the least expensive available, will deliver, at the then applicable rate schedules of the Bonneville Power Administration, any available surplus capacity and energy from the United States Federal Columbia River System." Likewise, Canada agreed that- "(5) Contemporaneously with the exchange of the instruments of ratification CSPE shall have paid to Canada the sum in United States funds of $253,929,534.25, being the equivalent of the sum of $254,- 400,000 in United States funds as of October 1, 1964 adjusted to Sep- tember 16,1964 at a discount rate of 414. percent per annum on the basis set out in the January 22, 1964 Exchange of Notes between our two Governments relating to the terms of sale, which sum shall be applied towards the cost of constructing the Treaty projects through a trans- fer of the sum by Canada to the Government of British Columbia pur- suant to arrangements entered into between Canada and British Columbia. " (6) No modification or renewal of the Canadian Entitlement Pur- chase Agreement shall be effective until approved by the Governments of Canada and the United States of America, evidenced by an Ex- change of Notes. "(7) The storages described in Article II of the Treaty shall be considered fully operative when the facilities for such storages are available and outlet facilities are operable for regulating flows in ac- cordance with the flood control and hydroelectric operating plans. "(8) As soon as practicable, the Canadian and United States Enti- ties shall agree upon a program for filling the storage provided by each of the Treaty projects. The filling program shall have the objec- tive of having the storages described in Article 11(2) (a), Article 11(2) (b), and Article 11(2) (c) of the Treaty filled to the extent that usable storage, in the amounts provided for each storage in Article II of the Treaty is available by September 1 following the date when the storage becomes fully operative, and of having the storage provided by the dam described in Article 11(2) (a) filled to 15 million acre-feet by September 1, 1975. This objective shall be reflected in the hydro- electric operating plans and shall take into account generating require- ments at-site and downstream in Canada and the United States of America to meet loads and requirements for flood control. "(9) In the event the United States of America becomes entitled to compensation from Canada for loss of downstream power benefits, other than Canada's entitlement to downstream power benefits, in respect to a breach of the obligation under Article IV (6) of the Treaty to commence full operation of a storage, compensation payable to the United States of America under Article XVIII(5) (a) of the Treaty |