Federal Energy Regulatory Commission
RE: Filing of CZMA Concurrence and
Corresponding Comments on the Offer of Settlement
Dear Secretary Salas:
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 . . .
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.
Counsel to the
cc: Official Service List
DEPARTMENT OF STATE
February 17, 2006
GEORGE E. PATAKI
Mr. John L. Osinski
Executive Director Regulatory Affairs
Federal Energy Regulatory Commission - FERC #2216
Towns of Niagara and
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.
Division of Coastal Resources
cc: FERC: Magali R. Salas
CERTIFICATE OF SERVICE
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.
Van Ness Feldman, P.C.
Telephone: (202) 298-1800
Facsimile: (202) 338-2416