
[Federal Register: October 29, 2010 (Volume 75, Number 209)]
[Notices]               
[Page 66748]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2677-019]

 
City of Kaukauna, WI; Notice of Authorization for Continued 
Project Operation

October 22, 2010.
    On August 29, 2007, the City of Kaukauna, Wisconsin, licensee for 
the Badger-Rapide Croche Hydroelectric Project, filed an Application 
for a New License pursuant to the Federal Power Act (FPA) and the 
Commission's regulations thereunder. The Badger-Rapide Croche 
Hydroelectric Project is on the Fox River in Outagamie County, near the 
City of Kaukauna, Wisconsin.
    The license for Project No. 2677, as amended, ended on August 9, 
2010. 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. 2677 is issued to 
the City of Kaukauna, Wisconsin for a period effective August 10, 2010 
through August 9, 2011, 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 August 9, 2011, 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 City of Kaukauna, Wisconsin, is authorized to 
continue operation of the Badger-Rapide Croche Hydroelectric Project, 
until such time as the Commission acts on its application for a 
subsequent license.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-27401 Filed 10-28-10; 8:45 am]
BILLING CODE 6717-01-P

