Notice2022-07736
Eagle Creek Hydro Power, LLC, Eagle Creek Water Resources, LLC, Eagle Creek Land Resources, LLC; Notice of Authorization for Continued Project Operation
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Published
April 12, 2022
Issuing agencies
Energy DepartmentFederal Energy Regulatory Commission
Full Text
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<title>Federal Register, Volume 87 Issue 70 (Tuesday, April 12, 2022)</title>
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[Federal Register Volume 87, Number 70 (Tuesday, April 12, 2022)]
[Notices]
[Page 21652]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-07736]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Project No. 10481-000]
Eagle Creek Hydro Power, LLC, Eagle Creek Water Resources, LLC,
Eagle Creek Land Resources, LLC; Notice of Authorization for Continued
Project Operation
On March 31, 2020, Eagle Creek Hydro Power, LLC, Eagle Creek Water
Resources, LLC, and Eagle Creek Land Resources, LLC, (collectively
referred to as Eagle Creek) co-licensees for the Mongaup Falls
Hydroelectric Project No. 10481, filed an application for a new major
license. The Mongaup Falls Hydroelectric Project is located on the
Mongaup River and Black Brook in Sullivan County, New York.
The license for Project No. 10481 was issued for a period ending
March 31, 2022. 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 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. 10481 is issued to
Eagle Creek for a period effective April 1, 2022 through March 31, 2023
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
23, 2023, 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 Eagle Creek is authorized to continue operation of
the Mongaup Falls Hydroelectric Project, until such time as the
Commission takes final action on the application for a new major
license.
Dated: April 5, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022-07736 Filed 4-11-22; 8:45 am]
BILLING CODE 6717-01-P
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