
[Federal Register: September 26, 2008 (Volume 73, Number 188)]
[Notices]               
[Page 55830]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26se08-46]                         

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2225-000]

 
Public Utility District No. 1 of Pend Oreille County; Notice of 
Authorization for Continued Project Operation

September 19, 2008.
    On September 23, 2003, the Public Utility District No.1 of Pend 
Oreille County, licensee for the Sullivan Creek Hydroelectric Project, 
filed a Notice of Intent Not to File an Application for a New or 
Subsequent license pursuant to the Federal Power Act (FPA) and the 
Commission's regulations thereunder. The Sullivan Creek Hydroelectric 
Project is located on Sullivan Creek in Pend Oreille County, 
Washington.
    The license for Project No. 2225 was issued for a period ending 
September 30, 2008. 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. 2225 is issued to 
the Public Utility District No.1 of Pend Oreille County, for a period 
effective October 1, 2008 through September 30, 2009, 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 September 30, 2009, 
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 Public Utility District 
NO.1 of Pend Oreille County, is authorized to continue operation of the 
Sullivan Creek Hydroelectric Project, until such time as the Commission 
acts on its application for a subsequent license.

Kimberly D. Bose,
Secretary.
[FR Doc. E8-22623 Filed 9-25-08; 8:45 am]

BILLING CODE 6717-01-P
