[Federal Register Volume 60, Number 5 (Monday, January 9, 1995)]
[Notices]
[Page 2385]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-390]
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DEPARTMENT OF ENERGY
[Project No. 2705-000]
City of Seattle, Notice of Authorization for Continued Project
Operation
January 3, 1995.
On September 30, 1992, the City of Seattle, licensee for the
Newhalem Creek Project No. 2705, filed an application for a new or
subsequent license pursuant to the Federal Power Act (FPA) and the
Commission's regulations thereunder. Project No. 2705 is located on
Newhalem Creek in Whatcom County, Washington.
The license for Project No. 2705 was issued for a period ending
December 31, 1994. 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. 2705 is issued to
the City of Seattle for a period effective January 1, 1995, through
December 31, 1995, 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 December 31, 1995, 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 City of Seattle is authorized to continue
operation of the Newhalem Creek Project No. 2705 until such time as the
Commission acts on its application for subsequent license.
Lois D. Cashell
Secretary.
[FR Doc. 95-390 Filed 1-6-95; 8:45 am]
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