

[Federal Register: March 17, 2006 (Volume 71, Number 52)]
[Notices]               
[Page 13835-13836]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17mr06-72]                         

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2692]

 
Duke Power; Notice of Authorization for Continued Project 
Operation

March 9, 2006.
    On February 20, 2004, Duke Power, licensee for the Nantahala 
Hydroelectric Project No. 2692, filed an application for a new or 
subsequent license pursuant to the Federal Power Act (FPA) and the 
Commission's regulations thereunder. Project No. 2692 is located on the 
Nantahala River and its tributaries, in Macon and Clay Counties, North 
Carolina.
    The license for Project No. 2692 was issued for a period ending 
February 28, 2006. 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. 2692 is issued to 
Duke Power of Macon and Clay Counties, North Carolina for a period 
effective March 1, 2006 through February 28, 2007, or until the 
issuance of a new license for the project or other

[[Page 13836]]

disposition under the FPA, whichever comes first. If issuance of a new 
license (or other disposition) does not take place on or before March 
1, 2007, 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 Duke Power of Macon and Clay Counties, North 
Carolina, is authorized to continue operation of the Nantahala Project 
No. 2692 until such time as the Commission acts on its application for 
subsequent license.

Magalie R. Salas,
Secretary.
[FR Doc. E6-3867 Filed 3-16-06; 8:45 am]

BILLING CODE 6717-01-P
