[Federal Register: April 21, 2009 (Volume 74, Number 75)]
[Notices]               
[Page 18217]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21ap09-43]                         


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2088]

 
South Feather Water and Power Agency; Notice of Authorization for 
Continued Project Operation

April 14, 2009.
    On March 26, 2007, South Feather Water and Power Agency, licensee 
for the South Feather Power Hydroelectric Project, filed an Application 
for a New License pursuant to the Federal Power Act (FPA) and the 
Commission's regulations thereunder. The South Feather Hydroelectric 
Project is located on the South Fork Feather River, Lost Creek and 
Slate Creek in Butte, Yuba and Plumas counties, California.
    The license for Project No. 2088 was issued for a period ending 
March 31, 2009. Section 15(a)(1) of the FPA, 16 U.S.C. 808(a)(1), 
requires the Commission, at the expiration of a license term, to issue 
from year-to-year an annual license to the then licensee under the 
terms and conditions of the prior license until a new license is 
issued, or the project is otherwise disposed of as provided in section 
15 or any other applicable section of the FPA. If the project's prior 
license waived the applicability of section 15 of the FPA, then, based 
on section 9(b) of the Administrative Procedure Act, 5 U.S.C. 558(c), 
and as set forth at 18 CFR 16.21(a), if the licensee of such project 
has filed an application for a subsequent license, the licensee may 
continue to operate the project in accordance with the terms and 
conditions of the license after the minor or minor part license 
expires, until the Commission acts on its application. If the licensee 
of such a project has not filed an application for a subsequent 
license, then it may be required, pursuant to 18 CFR 16.21(b), to 
continue project operations until the Commission issues someone else a 
license for the project or otherwise orders disposition of the project.
    If the project is subject to section 15 of the FPA, notice is 
hereby given that an annual license for Project No. 2088 is issued to 
the South Feather Water and Power Agency for a period effective April 
1, 2009 through March 31, 2010, or until the issuance of a new license 
for the project or other disposition under the FPA, whichever comes 
first. If issuance of a new license (or other disposition) does not 
take place on or before March 31, 2010, notice is hereby given that, 
pursuant to 18 CFR 16.18(c), an annual license under section 15(a)(1) 
of the FPA is renewed automatically without further order or notice by 
the Commission, unless the Commission orders otherwise. If the project 
is not subject to section 15 of the FPA, notice is hereby given that 
the South Feather Water and Power Agency is authorized to continue 
operation of the South Feather Power Hydroelectric Project, until such 
time as the Commission acts on its application for a subsequent 
license.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-9081 Filed 4-20-09; 8:45 am]

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