[Federal Register Volume 75, Number 221 (Wednesday, November 17, 2010)]
[Notices]
[Pages 70226-70227]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-28913]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

 [Project No. 3041-004]


Mackay Bar Corporation; Notice of Authorization for Continued 
Project Operation

November 9, 2010.
    On April 28, 2008 the Mackay Bar Corporation, licensee for the 
Hettinger Hydroelectric Project, filed an Application to Surrender its 
License as

[[Page 70227]]

well as a Conduit Exemption Application pursuant to the Federal Power 
Act (FPA) and the Commission's regulations thereunder. The Hettinger 
Hydroelectric Project is located on an irrigation system in Idaho 
County, Idaho.
    The license for Project No. 3041 was issued for a period ending 
October 31, 2010. 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 USC 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. 3041 is issued to 
the Mackay Bar Corporation for a period effective November 1, 2010 
through October 31, 2011, 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 October 31, 2011, 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 Mackay Bar Corporation, is authorized to continue 
operation of the Hettinger Hydroelectric Project, until such time as 
the Commission acts on its application for a subsequent license.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-28913 Filed 11-16-10; 8:45 am]
BILLING CODE 6717-01-P