02-1231. Portland General Electric Company Confederated Tribes of the Warm Springs Reservation of Oregon; Notice of Authorization for Continued Project Operation

January 11, 2002.

On December 16, 1999, Portland General Electric Company and on December 17, 1999, the Confederated Tribes of the Warm Springs Reservation of Oregon, joint licensees for the Pelton Round Butte Project No. 2030, filed competing applications for a new or subsequent license pursuant to the Federal Power Act (FPA) and the Commission's regulations thereunder. On June 29, 2001, they filed a joint application for a new or subsequent license. Project No. 2030 is located on the Deschutes River in Jefferson, Wasco, and Marion Counties, Oregon.

The license for Project No. 2030 was issued for a period ending December 31, 2001. 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. 2030 is issued to Portland General Electric Company and the Confederated Tribes of the Warm Springs Reservation of Oregon for a period effective January 1, 2002, through December 31, 2002, 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 January 1, 2003, 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 Portland General Electric Company and the Confederated Tribes of the Warm Springs Reservation of Oregon are authorized to continue operation of the Pelton Round Butte Project No. 2030 until such time as the Commission acts on their application for subsequent license.

C.B. Spencer,

Acting Secretary.