[Federal Register Volume 86, Number 136 (Tuesday, July 20, 2021)]
[Notices]
[Pages 38334-38335]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-15402]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 3452-000]


Erie Boulevard Hydropower, L.P.; Notice of Authorization for 
Continued Project Operation

    On June 28, 2019, Erie Boulevard Hydropower, L.P., licensee for the 
Oak Orchard Hydroelectric Project No. 3452, filed an Application for a 
Subsequent License pursuant to the Federal Power Act (FPA) and the 
Commission's regulations thereunder. The Oak Orchard Hydroelectric 
Project is located adjacent to the New York State Canal Corporation's 
Barge Canal in the Village of Medina, Orleans County, New York.
    The license for Project No. 3452 was issued for a period ending 
June 30, 2021. 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(s) 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. 3452 is issued to 
Erie Boulevard Hydropower, L.P. for a period effective July 1, 2021 
through June 30, 2022 or until the issuance of a new license for the 
project

[[Page 38335]]

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 June 30, 2022, 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 Erie Boulevard Hydropower, L.P is authorized to 
continue operation of the Oak Orchard Hydroelectric Project, until such 
time as the Commission acts on its application for a subsequent 
license.

    Dated: July 14, 2021.
Kimberly D. Bose,
Secretary.
[FR Doc. 2021-15402 Filed 7-19-21; 8:45 am]
BILLING CODE 6717-01-P


