[Federal Register Volume 74, Number 56 (Wednesday, March 25, 2009)]
[Notices]
[Pages 12843-12844]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-6497]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2655-000]


Eagle & Phenix Hydro Company, Inc; Notice of Authorization for 
Continued Project Operation

March 18, 2009.
    On February 26, 2009, Eagle & Phenix Hydro Company, Inc., licensee 
for the Eagle and Phenix Hydroelectric Project, filed a Notice of 
Intent to file an Application for Surrender of License for the Project. 
The Eagle & Phenix Hydroelectric Project is located on the 
Chattahoochee River in Muscogee County, Georgia and Russell County, 
Alabama.
    The license for Project No. 2655 was issued for a period ending 
February 28, 2009. 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. 2655 is issued to 
Eagle & Phenix Hydro Company, Inc for a period effective March 1, 2009 
through February 28,

[[Page 12844]]

2010, 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 
February 28, 2010, 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 the 
Eagle & Phenix Hydro Company, Inc is authorized to continue operation 
of the Eagle & Phenix Hydroelectric Project, until such time as the 
Commission takes final action on any application for Surrender of 
License that may be filed.

Kimberly D. Bose,
Secretary.
 [FR Doc. E9-6497 Filed 3-24-09; 8:45 am]
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