[Federal Register Volume 67, Number 12 (Thursday, January 17, 2002)]
[Notices]
[Page 2426]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-1231]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2030]


Portland General Electric Company Confederated Tribes of the Warm 
Springs Reservation of Oregon; Notice of Authorization for Continued 
Project Operation

January 11, 2002.
    On December 16, 1999, Portland General Electric Company and on 
December 17, 1999, the Confederated Tribes of the Warm Springs 
Reservation of Oregon, joint licensees for the Pelton Round Butte 
Project No. 2030, filed competing applications for a new or subsequent 
license pursuant to the Federal Power Act (FPA) and the Commission's 
regulations thereunder. On June 29, 2001, they filed a joint 
application for a new or subsequent license. Project No. 2030 is 
located on the Deschutes River in Jefferson, Wasco, and Marion 
Counties, Oregon.
    The license for Project No. 2030 was issued for a period ending 
December 31, 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. 2030 is issued to 
Portland General Electric Company and the Confederated Tribes of the 
Warm Springs Reservation of Oregon for a period effective January 1, 
2002, through December 31, 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 beforeJanuary 1, 2003, 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 Portland General Electric Company and the 
Confederated Tribes of the Warm Springs Reservation of Oregon are 
authorized to continue operation of the Pelton Round Butte Project No. 
2030 until such time as the Commission acts on their application for 
subsequent license.

C.B. Spencer,
Acting Secretary.
[FR Doc. 02-1231 Filed 1-16-02; 8:45 am]
BILLING CODE 6717-01-U