[Federal Register Volume 66, Number 213 (Friday, November 2, 2001)]
[Notices]
[Page 55650]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-27566]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2694]


Duke Power, a Division of Duke Energy Corporation, Nantahala 
Area; Notice of Authorization for Continued Project Operation

October 29, 2001.
    On September 27, 1999, Duke Power, a division of Duke Energy 
Corporation, Nantahala Area (on August 10, 2001, the Commission 
approved the transfer of the license from Nantahala Power and Light 
Company to Duke Power, a division of Duke Energy Corporation, Nantahala 
Area and redesignated the applicant of the relicense application as 
Duke Power, a division of Duke Energy Corporation, Nantahala Area), 
licensee for the Queens Creek Project No. 2694, filed an application 
for a new or subsequent license pursuant to the Federal Power Act (FPA) 
and the Commission's regulations thereunder. Project No. 2694 is 
located on Queens Creek in Macon County, North Carolina.
    The license for Project No. 2694 was issued for a period ending 
October 1, 2001. 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. 2694 is issued to 
Duke Power, a division of Duke Energy Corporation, Nantahala Area for a 
period effective October 2, 2001, through October 1, 2002, 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 October 2, 2002, 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 Duke Power, a division of Duke Energy Corporation, 
Nantahala Area is authorized to continue operation of the Queens Creek 
Project No. 2694 until such time as the Commission acts on its 
application for subsequent license.

David P. Boergers,
Secretary.
[FR Doc. 01-27566 Filed 11-1-01; 8:45 am]
BILLING CODE 6717-01-P