[Federal Register Volume 86, Number 206 (Thursday, October 28, 2021)]
[Notices]
[Page 59703]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23486]


-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2883-000]


Aquenergy Systems, LLC; Notice of Authorization for Continued 
Project Operation

    On May 30, 2018, Aquenergy Systems, LLC, licensee for the Fries 
Hydroelectric Project No.2883, filed an Application for a New Major 
License pursuant to the Federal Power Act (FPA) and the Commission's 
regulations thereunder. The Fries Hydroelectric Project is located on 
the New River in the Town of Fries, Grayson County, Virginia.
    The license for Project No. 2883 was issued for a period ending May 
31, 2020. 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. 2883 is issued to 
Aquenergy Systems, LLC for a period effective June 1, 2020 through May 
31, 2021 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 
May 31, 2021, 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 Aquenergy Systems, LLC is authorized to continue 
operation of the Fries Hydroelectric Project, until such time as the 
Commission acts on its application for a new major license.

    Dated: October 19, 2021.
Kimberly D. Bose,
Secretary.
[FR Doc. 2021-23486 Filed 10-27-21; 8:45 am]
BILLING CODE 6717-01-P


