[Federal Register Volume 87, Number 70 (Tuesday, April 12, 2022)]
[Notices]
[Page 21657]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-07733]


-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 3267-000]


ECOsponsible, LLC; Notice of Authorization for Continued Project 
Operation

    The license for the Ballard Mill Hydroelectric Project No. 3267, 
located on the Salmon River, in the Town of Malone, Franklin County, 
New York, was issued for a period ending March 31, 2022.\1\ 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(s) 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), 
and as set forth at 18 CFR 16.21(b), if the licensee has not filed an 
application for a subsequent license, the Commission may issue an order 
requiring the licensee to continue to operate the project, in 
accordance with the terms and conditions of the license, until the 
Commission either acts on any applications for subsequent license 
timely filed by another entity or takes action pursuant to 18 CFR 16.25 
or 16.26.
---------------------------------------------------------------------------

    \1\ Greater Malone Community Council, Inc., 19 FERC ] 62,086 
(1982).
---------------------------------------------------------------------------

    ECOsponsible, LLC, licensee for the project, has failed to file an 
acceptable license application.\2\
---------------------------------------------------------------------------

    \2\ On March 31, 2020, ECOsponsible filed an Application for a 
Subsequent Minor License. On April 7, 2021, the Director, Division 
of Hydropower Licensing rejected the license application. 
ECOsponsible did not seek rehearing of that order. On September 23, 
2021, Commission staff directed the licensee to file a surrender 
application within 60 days, noting that its subsequent license 
application was rejected. On March 15, 2022, Commission staff again 
requested the licensee to file a surrender application. The licensee 
has not filed a surrender application.
---------------------------------------------------------------------------

    Accordingly, notice is hereby given that ECOsponsible, LLC., is 
authorized to continue operation of the Ballard Mill Hydroelectric 
Project, until such time as the Commission either acts on any 
applications for subsequent license timely filed by another entity, 
takes action pursuant to 18 CFR 16.25 or 16.26, or other disposition 
under the FPA.

    Dated: April 5, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022-07733 Filed 4-11-22; 8:45 am]
BILLING CODE 6717-01-P