
[Federal Register: December 11, 2008 (Volume 73, Number 239)]
[Notices]               
[Page 75417]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11de08-47]                         

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2242]

 
Eugene Water and Electric Board; Notice of Authorization for 
Continued Project Operation

December 4, 2008.
    On November 24, 2006, Eugene Water and Electric Board, licensee for 
the Carmen-Smith Hydroelectric Project, filed an Application for a New 
License pursuant to the Federal Power Act (FPA) and the Commission's 
regulations thereunder. The Carmen-Smith Hydroelectric Project is 
located on McKenzie River in Lane and Linn Counties, near McKenzie 
Bridge, Oregon.
    The license for Project No. 2242 was issued for a period ending 
November 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. 2242 is issued to 
the Eugene Water and Electric Board for a period effective December 1, 
2008 through November 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 November 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 Eugene Water and Electric Board is authorized to continue operation 
of the Carmen-Smith Hydroelectric Project, until such time as the 
Commission acts on its application for a subsequent license.

Kimberly D. Bose,
Secretary.
 [FR Doc. E8-29353 Filed 12-10-08; 8:45 am]

BILLING CODE 6717-01-P
