FEDERAL ENERGY REGULATORY COMMISSION

 WASHINGTON, DC 20426

December 7, 2005

OFFICE OF ENERGY PROJECTS

FERC Project No. 2216-066

Niagara Power Project

New York Power Authority

Paul M. Bowers

Town of Amherst

Engineering Department

1100 N. Forest Road

Williamsville, NY 14221

Reference:  Response to Additional Study Request

Dear Mr. Bowers:

In response to the Commission’s notice of tendering of application, issued August 26, 2005, for the Niagara Power Project (FERC No. 2216-066), you requested that the New York Power Authority (NYPA) conduct a low-flow monitoring program in Tonawanda and Ellicott Creeks.

We reviewed your additional study request for acceptability based on standards set forth in section 4.32(b)(7) of the Commission’s regulations.  We have required additional studies only when we determined that such studies would provide information necessary to form an adequate, factual basis for a complete analysis of the project on its merits. 

Based on our review of the record, existing information is adequate for us to complete our environmental analysis.  NYPA has already studied this issue and has adequately addressed the causes, magnitude, and scope of the project’s effect on water level fluctuations and water quality in these creeks.  Therefore, at this time, we are not requesting the applicant to perform additional studies to address this issue.      

If you have any questions, please contact Steve Kartalia at (202) 502-6131.

Sincerely,

Vince Yearick,

Hydro East Branch 1

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