[Federal Register Volume 70, Number 148 (Wednesday, August 3, 2005)]
[Notices]
[Pages 44604-44605]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-15394]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 7264]


Fox River Paper Company, N.E.W. Hydro, Inc.; Notice of 
Authorization for Continued Project Operation

July 7, 2005.
    On January 22, 2003, Fox River Paper Company and N.E.W. Hydro, 
Inc., licensees for the Middle Appleton Dam Project No. 7264, filed an 
application for a new or subsequent license pursuant to the Federal 
Power Act (FPA) and the Commission's regulations thereunder. Project 
No. 7264 is located on the Fox River in Outagamie County, Wisconsin.
    The license for Project No. 7264 was issued for a period ending 
June 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.

[[Page 44605]]

    If the project is subject to section 15 of the FPA, notice is 
hereby given that an annual license for Project No. 7264 is issued to 
Fox River Paper Company and N.E.W. Hydro, Inc. for a period effective 
July 1, 2005 through June 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 July 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 Fox River Paper Company and N.E.W. Hydro, Inc. are 
authorized to continue operation of the Middle Appleton Dam Project No. 
7264 until such time as the Commission acts on its application for 
subsequent license.

Magalie R. Salas,
Secretary.
[FR Doc. 05-15394 Filed 8-2-05; 8:45 am]
BILLING CODE 6717-01-P