[Federal Register Volume 61, Number 243 (Tuesday, December 17, 1996)]
[Pages 66271-66272]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-31903]


[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.

    \1\ 16 USC 191a-825r.

    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\

    \2\ See Farmington River Power Co. v. Federal Power Commission, 
455 F.2d 86 (2d Cir. 1972)

    Concurrent with the publication of this notice, all persons whose 
names appear on the official mailing list for Rochester Gas & Electric 

[[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) 
Linwood A. Watson, Jr.,
Acting Secretary.
[FR Doc. 96-31903 Filed 12-16-96; 8:45 am]