(4) Shall locate the overhead transmission facilities between Millwood substation and Sprain Brook substation on the right-of-way of an existing transmission line of the Licensee; and

(5) Shall, in constructing and installing overhead
transmission facilities, give appropriate consideration
to recognized guidelines, including those contained in
the Hudson River Valley Commission's "Power Lines and
Scenic Values in the Hudson River Valley," for protecting
the environment and to beneficial uses, including wild-
life, of the transmission line right-of-way. These
facilities shall, generally, traverse wooded and sparsely
settled areas, and shall cross ridges, where possible,
through valleys and draws so as to minimize the silhouette
of the transmission line towers against the sky as viewed
from highways and scenic vantage points. The transmission
tower exteriors shall be treated to blend insofar as
practical into the landscape and the right-of-way replanted
after construction with native materials at road crossings
and other points of major public view.

This Article shall not restrict the use of the existing
Pleasant Valley-Sprain Brook transmission line right-of-
way in any manner deemed necessary for the marketing of
Cornwall and other power.

Article 36. The Licensee

(1)

-

Shall within six months following issuance of license and after consultation with the United States Fish and Wildlife Service, the Fish and Game Division of the New York Conservation Department, and the Fish and Game Division of the New Jersey Department of Conservation and Economic Development, submit to the Commission for approval a biological and engineering study program, which it will make or pay the cost of making in the interest of protecting and developing the fishery resources of the Hudson River as may be affected by the project, to include consideration of the populations of fish inhabiting the vicinity

of or migrating past the project site and their behavior and physical abilities; and artificial propagation facilities and operations needed to offset any losses to fish populations, including pilot hatchery studies. The Commission reserves the right to modify the study program upon its own motion or upon recommendation of the U. S. Fish and Wildlife Service and the New York and New Jersey State conservation agencies.

(2) Shall construct, operate and maintain or provide for
the construction, operation and maintenance of the fish
protective facilities generally as shown in Sketch 141
"Fish Screens and Bridge" (Hearing Exhibit 296); Provided
that during the first three years of operation of the
project, licensee shall make or pay the cost of making
studies to assess fully the effect of project operation
on the fish populations and their habitat. A proposal
for post-construction studies shall, following consultation
with the agencies, referred to herein, be submitted to the
Commission for approval no later than one year prior to
completion of the project.

(3) Shall make any needed modifications of the fish
protective facilities, as may be ordered by the Commission,
after notice and opportunity for hearing, on its own
motion or upon recommendations by the United States Fish
and Wildlife Service and the New York and New Jersey
conservation agencies.

(4) Shall file progress reports with the Commission on
the results of the studies as required under (1), (2)
and (3) of this article. If the Licensee, the United
States Fish and Wildlife Service, the New York and New
Jersey conservation agencies, are unable to agree upon
the scope, objectives, timing and manner of performance
of the studies herein ordered, the matter shall be sub-
mitted to the Commission for determination.

Article 37. The Licensee whall construct and maintain or provide for the construction and receive assurances for the maintenance for public use of the recreational facilities, generally as shown in Exhibit R (Hearing Exhibits 240 and 241) except that the Licensee shall not construct the visitors' information center, aboveground facilities for visitors, picnic area, picnic shelter, parking spaces for visitors and access roads for the visitors' information center, picnic shelter and picnic area, all as generally described and shown on pages 2 and 3 of Exhibit 240 and pages 24 and 25 of Exhibit 241. The recreational plan shall include a public boat launching facility for the riverfront park described in Exhibit R.

Article 38.

Licensee shall minimize any disturbance caused by construction and maintenance of the project works to the scenic values of the area by implementing a plan for screen and other plantings, artificial treatment of rock at the portals and of shoreline and tailrace structures and such other treatment as may be reasonably needed to preserve and promote the scenic values of the powerhouse and tailrace in conformity with the planting plans set forth in Exhibits 476 and 637. The planting plan set forth in Exhibit 637 shall, however, be applicable only in the event that location of the powerhouse is precluded at Site 1.

Article 39. The Licensee shall pay to the United States the following annual charge:

For the purpose of reimbursing the United States for
the cost of administration of Part I of the Act, a
reasonable annual charge as determined by the Com-
mission in accordance with the provisions of its
regulations in effect from time to time. As herein
authorized, the installed capability for such pur-
poses is 2,667,000 horsepower.

(D) The exhibits designated and described in paragraph (B) above are hereby approved as part of the license herein issued to the extent therein indicated.

(E) The exceptions to the examiner's decision, except as herein granted, are denied. The examiner's decision, to the extent not inconsistent herewith, is adopted as part of this Opinion and Order.

(F) No expansion of the Cornwall Pumped Storage Project beyond the presently licensed maximum peak generating capacity of 2,000,000 kilowatts shall be authorized without the issuance of a public notice of such proposed increase and the granting of an opportunity for hearing theron.

(G)

This order shall become final thirty (30) days from the date of its issuance unless application for rehearing shall be filed as provided by Section 313 (a) of the Act, and failure by Licensee to file such an application shall constitute acceptance of this license. In acknowledgment of the acceptance of this license, it shall be signed by the Licensee and returned to the Commission within sixty (60) days from the date of issuance of this order.

By the Commission.
(SEAL )

Kenneth F. Plumb,
Acting Secretary.

Fursuant to section 102(2)(C) of the National Environmental Policy Act (83 Stat. 852), this letter reports on the application pending before the Commission filed by The Empire District Llectric Company of Joplin, Missouri, for a new license for the Ozark Beach Project o. 2221 located on the White River, in Missouri.

The Ozark Beach project was constructed and placed In operation in 1913 pursuant to an Act of Congress of February 4, 1911 (36 Stat. 897) authorizing the constetion and maintenance of a dam across the White River at a point suitable to the interests of navigation at or near its northernmost point in Taney County, Misscuri, approximately tea miles downstream from the towns of Hollister and Branson and four miles upstread from the town of sorayth in the State of Missouri, in accordance with the provisten of the Act approved June 23, 1910 (36 Stet. 593) entitled: "An Act to amend an Act entitled 'An Act to regulate the construction of dans across navigable waters' approved June twenty first, nineteen hundred and six." The War Department issued a permit on November 14, 1912. The Commission issued a license effective September 1, 1958, for a ten year period terminating August 31, 1968. An application for a new license was filed August 21, 1967, Anual licenses have been issued pursuant to section 17 of the Federal Power Act.