[Federal Register: March 13, 2003 (Volume 68, Number 49)]
[Notices]               
[Page 12059]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13mr03-65]                         

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2852]

 
New York State Electric & Gas Corporation; Notice of 
Authorization for Continued Project Operation

March 6, 2003.
    On February 27, 2001, New York Electric & Gas Corporation, licensee 
for the Keuka Project No. 2852, filed an application for a nonpower 
license pursuant to the Federal Power Act (FPA) and the Commission's 
regulations thereunder. Project No. 2852 is located between Waneta Lake 
and Lamoka Lake impoundments, and Keuka Lake in Steuben and Schuyler 
Counties, New York.
    The license for Project No. 2852 was issued for a period ending 
February 28, 2003. 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. 2852 is issued to 
New York State Electric & Gas Corporation for a period effective March 
1, 2003, through February 29, 2004, 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 March 1, 2004, 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 New York State Electric & Gas Corporation is 
authorized to continue operation of the Keuka Project No. 2852 until 
such time as the Commission acts on its application for subsequent 
license.

Magalie R. Salas,
Secretary.
[FR Doc. 03-6027 Filed 3-12-03; 8:45 am]

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