[Federal Register Volume 77, Number 182 (Wednesday, September 19, 2012)]
[Notices]
[Page 58120]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-23025]



[[Page 58120]]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 4362-000]


Inman Mills; Notice of Authorization for Continued Project 
Operation

    The Riverdale Hydroelectric Project No. 4362 is located on the 
Enoree River, in Spartanburg County, South Carolina. The minor license 
for Project No. 4362 was issued in September 1982 for a period ending 
August 31, 2012. The deadline for filing applications for a subsequent 
license was August 31, 2010. Inman Mills, the licensee for Project No. 
4362, did not file an application for a subsequent license.\1\ On 
August 31, 2010, Lockhart Power Company filed an application for a 
subsequent license for the project.\2\
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    \1\ In 2006, Commission staff approved transfer of the license 
from Inman Mills to Riverdale Development Venture, LLC. 115 FERC ] 
62,076 (2006). However, the 2006 order was rescinded in 2008 because 
the requirements for the transfer were never completed. 122 FERC ] 
62,204 (2008).
    \2\ The application, docketed Project No. 13590, is pending 
before the Commission.
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    Section 15(a)(1) of the FPA, 16 U.S.C. 808(a)(1) (2006), 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, as is the case here, 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) (2006), and as set forth at 18 CFR 16.21(b), if, as is also the 
case here, the licensee of such project has not filed an application 
for a subsequent license, the licensee may be required to continue to 
operate the project in accordance with the terms and conditions of the 
license after the minor license expires, until the Commission issues 
someone else a license for the project or otherwise orders disposition 
of the project.
    Notice is hereby given that Inman Mills is authorized to continue 
operation of the Riverdale Hydroelectric Project, until such time as 
the Commission issues someone else a license for the project or 
otherwise orders disposition of the project.

    Dated: September 12, 2012.
Kimberly D. Bose,
Secretary.
[FR Doc. 2012-23025 Filed 9-18-12; 8:45 am]
BILLING CODE 6717-01-P