February 27, 2006


The Honorable Magalie Roman Salas


Federal Energy Regulatory Commission

888 First Street, N.E.

Washington, D.C.  20426


RE:     Filing of CZMA Concurrence and

Corresponding Comments on the Offer of Settlement

Niagara Power Project

New York Power Authority (FERC Project No. 2216)


Dear Secretary Salas:


            On February 17, 2006, the New York State Department of State (“NYDOS”) issued a letter concurring with the New York Power Authority's (“Power Authority”) certification that the relicensing of the Niagara Power Project will be consistent with the New York Coastal Management Program.  The NYDOS letter, which is attached, conditions the concurrence by requiring that the Ecological Standing Committee (“ESC”) – established pursuant to Section 4.1.1 of the Relicensing Settlement Agreement Addressing New License Terms and Conditions (“Relicensing Settlement Agreement”) – be expanded to include a representative from NYDOS.  The condition imposed by the concurrence is acceptable to the Power Authority.


            To accommodate this condition, the proposed license article establishing the ESC as set forth in Appendix A (page A-1) of the Relicensing Settlement Agreement should be revised to include NYDOS.  The Power Authority respectfully requests that the licensing order include the proposed license article establishing the ESC as revised in the following manner:


Ecological Standing Committee


Article _____. The Licensee shall convene an Ecological Standing Committee (“ESC”), comprised of a representative from the Licensee, the New York State Department of Environmental Conservation, the U.S. Fish and Wildlife Service, the Seneca Nation of Indians, the Tuscarora Nation, the Tonawanda Seneca Nation, New York Rivers United, New York State Department of State, and the Niagara Relicensing Environmental Coalition to establish . . .



February 27, 2006

Page Two




This minor modification to the proposed license article will ensure that the NYDOS condition is incorporated into the new license. 


            If you have any questions regarding this filing, please contact me at the number above.


Respectfully submitted,





Jay Ryan

Counsel to the New York Power Authority


cc:       Official Service List

Vince Yearick

Steve Kartalia




ALBANY, NY 12231-0001


February 17, 2006






Mr. John L. Osinski

Executive Director Regulatory Affairs

New York Power Authority

30 South Pearl Street

Albany, New York 12207-3425


Re:         F-2005-0935

Federal Energy Regulatory Commission - FERC #2216

Niagara Power Project

Towns of Niagara and Lewiston Niagara County

Concurrence with Consistency Certification


Dear Mr. Osinski:

The Department of State has completed its review of your consistency certification regarding the consistency of the above-referenced activity with the New York Coastal Management Program.

Pursuant to 15 CFR Part 930.62, and based upon the project information submitted, the Department of State concurs with your consistency certification for this activity, subject to the following agreed-upon conditions:

Section 4.1.1 of the Relicensing Settlement Agreement Addressing New License Terms and Conditions (including Proposed License Articles) dated July 18, 2005 establishes an Ecological Standing Committee (ESC) to oversee the development of Habitat Improvement Projects (HIPS), as well as to approve projects to be funded by the Fish and Wildlife Habitat Enhancement and Restoration Fund (HERF). The Department of State is to have a representative on the ESC 10 participate in the oversight of these activities to ensure activities comply and are undertaken in a manner consistent with the New York Coastal Management Program as implemented.

This concurrence is without prejudice to, and does not obviate the need to obtain all other applicable licenses, permits, and approvals required pursuant to existing State statutes.




Sally Ball

Deputy Director

Division of Coastal Resources

cc:          FERC: Magali R. Salas





Pursuant to Rule 2010 of the Rules of Practice and Procedure of the Federal Energy Regulatory Commission, I hereby certify that I have this day caused the foregoing document to be served upon each person designated on the official service list compiled by the Secretary in this proceeding.

Dated at Washington, D.C., this 27th day of February, 2006.





Jay Ryan

Van Ness Feldman, P.C.

1050 Thomas Jefferson Street, N.W.

Seventh Floor

Washington, D.C.  20007-3877

Telephone:  (202) 298-1800

Facsimile:  (202) 338-2416