[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 However, the 2006 order was rescinded in 2008 because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