[Federal Register Volume 70, Number 160 (Friday, August 19, 2005)]
[Notices]
[Page 48692]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-4523]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2601]


Duke Power, a Division of Duke Energy Corporation Nantahala Area; 
Notice of Authorization for Continued Project Operation

August 12, 2005.
    On July 22, 2003, Duke Power, a division of Duke Energy 
Corporation, Nantahala Area, licensee for the Bryson Project No. 2601, 
filed an application for a new or subsequent license pursuant to the 
Federal Power Act (FPA) and the Commission's regulations thereunder. 
Project No. 2601 is located on the Oconaluftee River in Swain County, 
North Carolina.
    The license for Project No. 2601 was issued for a period ending 
July 31, 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. 2601 is issued to 
Duke Power, a division of Duke Energy Corporation, Nantahala Area for a 
period effective August 1, 2005 through July 31, 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 August 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 Duke Power, a division of Duke Energy Corporation, 
Nantahala Area is authorized to continue operation of the Bryson 
Project No. 2601 until such time as the Commission acts on its 
application for subsequent license.

Magalie R. Salas,
Secretary.
[FR Doc. E5-4523 Filed 8-18-05; 8:45 am]
BILLING CODE 6717-01-P