[Federal Register Volume 83, Number 12 (Thursday, January 18, 2018)]
[Notices]
[Pages 2627-2628]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-00751]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project Nos. 2593-000; 2823-000]


Algonquin Power (Beaver Falls), LLC; Notice of Authorization for 
Continued Project Operation

    On December 30, 2015, Algonquin Power (Beaver Falls), LLC, licensee 
for the Upper Beaver Falls Hydroelectric Project No. 2593 and the Lower 
Beaver Falls Hydroelectric Project No. 2823, filed a joint application 
for subsequent license \1\ pursuant to the Federal Power Act (FPA) and 
the Commission's regulations thereunder. Both projects are located on 
the Beaver River in the towns of Croghan and New Bremen in Lewis 
County, New York.
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    \1\ The Commission issued a minor license for the Upper Beaver 
Falls Project on April 19, 1985 (expiring December 31, 2017), and 
for the Lower Beaver Falls Project on October 18, 1979 (expiring 
September 30, 2019). On June 8, 2012, the licensee requested to 
accelerate expiration of the Lower Beaver Falls Project license term 
to December 31, 2017, in order to coordinate relicensing proceedings 
for both projects, which the Commission granted on October 10, 2012. 
In its December 30, 2015, license application, Algonquin Power 
(Beaver Falls), LLC proposes to combine both minor projects into a 
single, major project under 5 megawatts. However, the current 
licenses for both projects are minor licenses where the 
applicability of section 15 of the FPA was waived.
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    The license terms for Project Nos. 2593 and 2823 ended on December 
31, 2017. 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. 2593 is issued to 
the licensee for a period effective January 1, 2018 through December 
31, 2018 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 
December 31, 2018, notice is hereby given that, pursuant to 18 CFR 
16.18(c), an annual license

[[Page 2628]]

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 projects are not subject to section 15 of the FPA, notice is 
hereby given that the licensee, Algonquin Power (Beaver Falls), LLC, is 
authorized to continue operation of the Upper Beaver Falls and Lower 
Beaver Falls Hydroelectric Projects, until such time as the Commission 
acts on its license application.

    Dated: January 11, 2018.
Kimberly D. Bose,
Secretary.
[FR Doc. 2018-00751 Filed 1-17-18; 8:45 am]
 BILLING CODE 6717-01-P


