[Federal Register Volume 61, Number 243 (Tuesday, December 17, 1996)]
[Notices]
[Pages 66271-66272]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-31903]
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DEPARTMENT OF ENERGY
[Project No. 2596-003 and Docket No. DI96-5-001]
Rochester Gas & Electric Corp.; Notice of Availability of
Navigability Report for the Genesee River, Request for Comments, and
Notice of Pending Jurisdictional Inquiry
December 11, 1996.
Rochester Gas & Electric Corp. (RG&E) filed an application for
subsequent license to continue operation on its Station 160 Project. On
February 20, 1996, RG&E filed a petition for Declaratory Order
requesting that the Commission determine whether the project is subject
to the Commission's licensing jurisdiction pursuant to Section 23(b)(1)
of the Federal Power Act. (FPA).\1\ The facility is located on the
Genesee River, in Livingston County, New York.
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\1\ 16 USC 191a-825r.
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As part of its review of RG&E's relicensing application, and the
petition for Declaratory Order, staff is investigating the
jurisdictional status of the project and has prepared a navigability
report on the Genesee River.
Before making its decision, the staff will accept and consider
comments on the navigability report. Comments may be filed no later
than January 28, 1997.
Jurisdiction: Under Section 23(b)(1) of the FPA, a license is
required for a hydroelectric project if it: (1) is located on navigable
waters of the United States; (2) occupies lands or reservations of the
United States; (3) uses surplus water on waterpower from a government
dam; or (4) is located on a non-navigable Commerce Clause stream,
affects the interests of interstate or foreign commerce, and has
undergone construction or major modifications after August 26, 1935.\2\
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\2\ See Farmington River Power Co. v. Federal Power Commission,
455 F.2d 86 (2d Cir. 1972)
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Concurrent with the publication of this notice, all persons whose
names appear on the official mailing list for Rochester Gas & Electric
Corp.'s
[[Page 66272]]
relicensing proceedings and its petition for Declaratory Order will
receive a copy of the navigability report. Additional copies are
available for review in the Public Reference Branch, Room 2A, of the
Commission's offices at 888 First Street, N.E., Washington, D.C. 20426.
Comments should be filed within 45 days of the above date and should
reference Project No. 2596-003 and Docket No. DI96-5-001.
Comments on the navigability report should be filed with Lois D.
Cashell, Secretary, Federal Energy Regulatory Commission 888 N. Capitol
St., N.E., Washington, D.C. 20426. Comments should be filed by January
28, 1997. For further information, please contact Etta Foster at (202)
219-2679.
Linwood A. Watson, Jr.,
Acting Secretary.
[FR Doc. 96-31903 Filed 12-16-96; 8:45 am]
BILLING CODE 6717-01-M
