[Federal Register Volume 69, Number 155 (Thursday, August 12, 2004)]
[Notices]
[Pages 49882-49883]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E4-1802]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2726]


Idaho Power Company; Notice of Authorization for Continued 
Project Operation

August 5, 2004.
    On July 29, 2002, Idaho Power Company, licensee for the Upper and 
Lower Malad Project No. 2726, filed an application for a new or 
subsequent license pursuant to the Federal Power Act (FPA) and the 
Commission's regulations thereunder. Project No. 2726 is located on the 
Malad River in Gooding County, Idaho.
    The license for Project No. 2726 was issued for a period ending 
July 31, 2004. 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

[[Page 49883]]

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. 2726 is issued to 
Idaho Power Company for a period effective August 1, 2004 through July 
31, 2005, 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 
August 1, 2005, 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 Idaho Power Company is authorized to continue 
operation of the Upper and Lower Malad Project No. 2726 until such time 
as the Commission acts on its application for subsequent license.

Magalie R. Salas,
Secretary.
[FR Doc. E4-1802 Filed 8-11-04; 8:45 am]
BILLING CODE 6717-01-P