

[Federal Register: May 11, 2006 (Volume 71, Number 91)]
[Notices]               
[Page 27494]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11my06-72]                         

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 935]

 
PacifiCorp; Notice of Authorization for Continued Project 
Operation

May 4, 2006.
    On April 28, 2004, PacifiCorp, licensee for the Merwin 
Hydroelectric Project, filed an application for a new or subsequent 
license pursuant to the Federal Power Act (FPA) and the Commission's 
regulations thereunder. The Merwin Project is located on the Lewis 
River in Clark and Cowlitz County, Washington.
    The license for Project No. 935 was initially issued for a period 
ending December 11, 2009. On April 8, 1999, the Commission amended the 
license and accelerated the Merwin project expiration date to April 30, 
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. 935 is issued to 
PacifiCorp for a period effective May 1, 2006 through April 30, 2007, 
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 April 
30, 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 PacifiCorp, is 
authorized to continue operation of the Merwin Project until such time 
as the Commission acts on its application for a subsequent license.

Magalie R. Salas,
Secretary.
 [FR Doc. E6-7169 Filed 5-10-06; 8:45 am]

BILLING CODE 6717-01-P
