[Federal Register Volume 67, Number 241 (Monday, December 16, 2002)]
[Notices]
[Page 77058]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-31596]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2835]


New York State Electric & Gas Corporation; Notice of 
Authorization for Continued Project Operation

December 10, 2002.
    On October 27, 2000, New York State Electric & Gas Corporation, 
licensee for the Rainbow Falls Project No. 2835, filed an application 
for a new or subsequent license pursuant to the Federal Power Act (FPA) 
and the Commission's regulations thereunder. Project No. 2835 is 
located on the Ausable River and Black Brook in Clinton and Essex 
Counties, New York.
    The license for Project No. 2835 was issued for a period ending 
November 30, 2002. 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. 2835 is issued to 
New York State Electric & Gas Corporation for a period effective 
December 1, 2002, through November 30, 2003, 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 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 New York State Electric & Gas Corporation is 
authorized to continue operation of the Rainbow Falls Project No. 2835 
until such time as the Commission acts on its application for 
subsequent license.

Magalie R. Salas,
Secretary.
[FR Doc. 02-31596 Filed 12-13-02; 8:45 am]
BILLING CODE 6717-01-P