[Federal Register Volume 61, Number 90 (Wednesday, May 8, 1996)]
[Notices]
[Pages 20813-20814]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11423]



-----------------------------------------------------------------------

DEPARTMENT OF ENERGY
[Project No. 2000-010]


Power Authority of the State of New York; Notice of Memorandum of 
Understanding, Formation of Cooperative Consultation Process Team, and 
Initiation of Scoping Process Associated With Relicensing the St. 
Lawrence-FDR Power Project

May 2, 1996.

Memorandum of Understanding (MOU)

    On February 15, 1996, the New York Power Authority (NYPA), New York 
State Department of Environmental Conservation (NYSDEC), and the 
Federal Energy Regulatory Commission (FERC), entered into an MOU. Under 
the MOU, the NYSDEC and the FERC will cooperate and use the services of 
a Third Party Contractor to prepare a single Environmental Impact 
Statement (EIS) to more efficiently meet the requirements for water 
quality certification and relicensing of the 912-megawatt St. Lawrence-
FDR Power Project. The hydroelectric project was originally licensed in 
1953 and the license will expire in 2003. NYPA has elected to use a 
Third Party Contractor under the provisions of the Energy Policy Act of 
1992.
    The project, which includes the Long Sault Dam and the portions of 
the Iroquois Dam and the Robert Moses-Robert H. Saunders Power Dam 
within the U.S., located on the St. Lawrence River near Massena, New 
York. While the project is licensed by the FERC, its operation as well 
as Ontario's Hydro's portion of the international project, is governed 
by the International Joint Commission (IJC) and the International St. 
Lawrence River Board of Control (ISLRBC), who direct NYPA and Ontario 
Hydro to release flows to maintain water levels in Lake Ontario and 
downstream flows in accordance with criteria set forth. The IJC was 
established by the 1909 Boundary Water Treaty between the U.S. and 
Canada.

Cooperative Consultation Process (CCP) Team

    NYPA has contacted and invited members of numerous federal, state, 
and local governmental organizations, non-governmental organizations, 
the St. Regis Mohawk Tribe, and the general public the U.S. The FERC 
has also invited federal and provincial agencies in Canada, as well as 
the IJC and ISLRBC to participate and discuss the cooperative process 
for relicensing the project. As a result of a series of three meetings 
conducted in February, March and April 1996, the participants (see list 
below) along with NYSDEC and FERC have agreed to form a Cooperative 
Consultation Process (CCP) Team. The CCP Team will assist in 
identifying areas of interests, issues, required studies and also 
prepare for NYSDEC and FERC a Scoping Document (See Scoping Process).
    The CCP Team is still in the process of identifying potential 
members and active participants. As of April 16, 1996, the following 39 
organizations attended meetings of the CCP Team and have indicated an 
interest in participating in the Team and relicensing process. Those 
persons interested in joining the CCP Team or learning more about the 
CCP Team and process, as well as the relicensing process should call 
any one of the following three individuals:

Mr. Thomas R. Tatham, New York Power Authority, 212-468-6747, 212-468-
6272 (fax)
Mr. Keith Silliman, New York Dept. of Environmental Conservation, 518-
457-0986, 518-457-3978 (fax)
Mr. Thomas Russo, Federal Energy Regulatory Commission, 202-219-2792, 
202-219-0125 (fax)

    The following organizations have sent representatives to the CCP 
Team meetings: the St. Regis Mohawk Tribe, Environment Canada, St. 
Lawrence Seaway Development Corp., Ontario Hydro, Alcoa, NY State 
Assembly, St. Lawrence Development Commission, Massena Electric, St. 
Lawrence County, Town of Louisville, Development Authority of N. 
County, Empire State Dept. of Economic Development, GM Power Train, 
I.B.E.W. Local 2032, Vincent Kirsch, LCE Environ. Mgmt. Council, League 
of Women Voters, Massena Industrial Dev. Corp., Village of Massena, 
Village Potsdam, Mass. Municipal Wholesale Electric Co., Municipal 
Electricity Assoc. of NY, New York Power Authority, New York Rivers 
United, Audubon Society of NY State, NYS Dept. of Parks Rec. & Historic 
Preservation, NYS Dept. of Environmental Conservation, NYS Dept. of 
State (Coastal Resources), St. Lawrence Aquarium & Ecological Center, 
Public Power Assoc. of NJ, Reynolds Metals, Robert Moses State Park, 
St. Lawrence County Chamber of Commerce, St. Lawrence Gas, United Auto 
Workers/GM Power Train, US Fish and Wildlife Service, Waddington Town 
Planning Board, IBEW 450 ABGWIU, and WYBG Radio.

Scoping Process

    The Scoping Process will satisfy the requirements of the National 
Environmental Policy Act. The objective of the Scoping Process is to 
assist the FERC and NYSDEC in identifying resource issues and 
reasonable alternatives that should be addressed in the EIS analysis 
and the level to which they should be addressed. The Scoping Process 
will also identify the geographic and temporal range of the EIS 
analysis, those resources requiring a cumulative impact analysis and 
the level of analysis as well. The CCP Team will prepare a Draft 
Scoping Document I (SDI) for FERC's and NYSDEC's use.
    The Scoping Process will entail a series of public workshops/
meetings within the CCP Team over the next seven months. During this 
time period, the CCP Team will use NYPA's Initial Consultation Document 
distributed on April 16, 1996 to initiate scoping the issues. Members 
of the Team and the general public will be given the

[[Page 20814]]

opportunity to identify their: (1) expectations on relicensing, (2) 
environmental and development issues, (3) reasonable alternatives to 
NYPA's relicensing proposal, and (4) a list of necessary studies. Most 
of the work regarding necessary studies will be done through resource 
subcommittees of the CCP Team beginning in September 1996. At this 
time, there are four resource subcommittees: Ecological Resources, Land 
& Recreation, Socio-Economics, and Engineering & Operations.
    The following is a list of the presently scheduled major meetings/
workshops of the Scoping Process along with tentative dates of the CCP 
Team's activities. All meetings are in Massena, NY, unless noted. Major 
meetings are in bold face.

1. CCP Team members develop and send to     May 16, 1996.               
 NYPA initial Expectations for the Project                              
 Relicensing as well as known and                                       
 potential resource management goals                                    
 including relative significance of                                     
 resources, if possible.                                                
2. CCP Team members develop individual      May 16, 1996.               
 lists describing potential resource                                    
 issues and send to NYPA.                                               
3. Initial Consultation Package workshop,   May 21-22, 1996.            
 site inspection, and break out session                                 
 for the general public.                                                
4. NYPA compiles a combined preliminary                                 
 list of resource issues from all team                                  
 members and distributes to CCP Team.                                   
5. CCP Team meets to discuss Initial        June 5-6, 1996.             
 Expectations for the Project Relicensing                               
 and the preliminary combined list                                      
 describing resource issues. The CCP Team                               
 jointly edits the list to eliminate                                    
 duplication, misunderstandings, etc.                                   
 Initiate discussion on level of                                        
 information needs, if possible.                                        
6. NYPA distributes revised combined list                               
 of issues to the CCP Team. For each                                    
 resource issue, NYPA prepares draft of                                 
 information needed to determine the                                    
 magnitude of the issue and the potential                               
 effects of the project on the resource.                                
 NYPA distributes this draft to the CCP                                 
 Team.                                                                  
7. CCP Team Meeting to edit information     July 15-16, 1996.           
 needed and potential effects of project                                
 operation. The CCP Team will initiate                                  
 discussions regarding general level of                                 
 effort for resource analysis. The                                      
 combined list describing resource issues                               
 will be edited as appropriate.                                         
8. NYPA will distribute the initial         July 31, 1996.              
 complete draft of Issue Identification                                 
 Section of SDI to the CCP Team based on                                
 input received from July 15-16, 1996                                   
 meeting. This distribution will include                                
 minority reports and a concise statement                               
 of issues in dispute as appropriate.                                   
9. The CCP Team will meet to finalize the                               
 Draft Issue Identification Section of SDI                              
 (including minority reports and                                        
 statements of disputes), and to make                                   
 initial assignment of issues to                                        
 subcommittees. CCP Team members volunteer                              
 for subcommittees.                                                     
10. The CCP Team will submit statements of  August 21, 1996.            
 disputes to FERC/NYS DEC, if necessary.                                
11. The CCP Team presents FERC/DEC with     August 30, 1996.            
 the Draft SD I.                                                        
12. Subcommittees have initial meetings...  Sept. 10-11, 1996.          
13. FERC/DEC issue SDI and resolution of    Sept. 30, 1996.             
 disputes, as appropriate.                                              
                                                                        

Linwood A. Watson, Jr.,
Acting Secretary.
[FR Doc. 96-11423 Filed 5-7-96; 8:45 am]
BILLING CODE 6717-01-M