[Federal Register Volume 70, Number 94 (Tuesday, May 17, 2005)]
[Notices]
[Page 28301]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-2479]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 178]


Pacific Gas and Electric Company; Notice of Authorization for 
Continued Project Operation

May 11, 2005.
    On April 14, 2003, Pacific Gas and Electric Company, licensee for 
the Kern Canyon Project No. 178, filed an application for a new or 
subsequent license pursuant to the Federal Power Act (FPA) and the 
Commission's regulations. Project No. 178 is located on the Kern River 
in Kern County, California.
    The license for Project No. 178 was issued for a period ending 
April 30, 2005. 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. 178 is issued to 
Pacific Gas and Electric Company for a period effective May 1, 2005 
through April 30, 2006, 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 1, 2006, 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 Pacific Gas and Electric Company is authorized to 
continue operation of the Kern Canyon Project No. 178 until such time 
as the Commission acts on its application for subsequent license.

Magalie R. Salas,
Secretary.
[FR Doc. E5-2479 Filed 5-16-05; 8:45 am]
BILLING CODE 6717-01-P