

[Federal Register: March 29, 2007 (Volume 72, Number 60)]
[Notices]               
[Page 14785]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29mr07-57]                         

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2686]

 
Duke Energy Carolinas, LLC; Notice of Authorization for Continued 
Project Operation

March 23, 2007.
    On July 28, 2000, Duke Energy Carolinas, LLC, licensee for the West 
Fork 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 West Fork Project is located 
on the Tuckasegee River in Jackson County, North Carolina.
    The license for Project No. 2686 was issued for a period ending 
January 31, 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. 2686 is issued to 
Duke Energy Carolinas, LLC., for a period effective February 1, 2006 
through January 31, 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 January 31, 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 Energy Carolinas, LLC. is authorized to continue 
operation of the West Fork Project until such time as the Commission 
acts on its application for a subsequent license.

Philis J. Posey,
Acting Secretary.
 [FR Doc. E7-5769 Filed 3-28-07; 8:45 am]

BILLING CODE 6717-01-P
