[Federal Register Volume 76, Number 153 (Tuesday, August 9, 2011)]
[Notices]
[Pages 48840-48841]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-20048]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[ Project No. 739-000]


Appalachian Power Company; Notice of Authorization for Continued 
Project Operation

    On June 29 2009, The Appalachian Power Company, licensee for the 
Claytor Hydroelectric Project, filed an

[[Page 48841]]

Application for a New License pursuant to the Federal Power Act (FPA) 
and the Commission's regulations thereunder. The Claytor Hydroelectric 
Project is located on the New River in Pulaski County, Virginia.
    The license for Project No. 739 was issued for a period ending June 
30, 2011. 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. 739 is issued to 
the Appalachian Power Company for a period effective July 1, 2011 
through June 30, 2012, 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 June 30, 2012, 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 Appalachian Power Company is authorized to 
continue operation of the Claytor Hydroelectric Project, until such 
time as the Commission acts on its application for a subsequent 
license.

    Dated: July 29, 2011.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2011-20048 Filed 8-8-11; 8:45 am]
BILLING CODE 6717-01-P