20070812 Ver 1_Public Comments_20080502 (2641)

UNITED STATES OF AMERICA
FEDERAL ENERGY REGULATORY COMMISSION
Alcoa Power Generating Inc Project No.2197-000
NOTICE OF AUTHORIZATION FOR CONTINUED PROJECT OPERATION
(May 2, 2008)
On March 27, 2003, Alcoa Power Generating Inc., licensee for the Yadkin
Hydroelectric Project, filed an application for a new or subsequent license pursuant to the
Federal Power Act (FPA) and the Commission's regulations thereunder. The Yadkin
Hydroelectric Project is located on the Yadkin River in Montgomery, Stanly, Davidson,
Rowan, and Davie Counties, North Carolina.
The license for Project No. 2197 was issued for a period ending April 30, 2008.
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. 2197 is issued to Alcoa Power Generating Inc., for a period
effective May 1, 2008 through April 30, 2009, 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 April 30, 2009, 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.

Project No. 2197 2
If the project is not subject to Section 15 of the FPA, notice is hereby given that
Alcoa Power Generating Inc., is authorized to continue operation of the Yadkin
Hydroelectric Project until such time as the Commission acts on its application for a
subsequent license.
Kimberly D. Bose,
Secretary.

aPGI 4101 Application-DWQ Project No. 2007-0812 -Additional...
Subject: APGI 401 Application - DWQ Project No. 2007-0812 - Additional Comment of Stanly
County - PRIVILEGED & CONFIDENTIAL
From: "Griffin, III, Thomas N." <[e-mail]>
Date: Fri, 2 May 2008 16:03:55 -0400
To: <[e-mail]>
CC: <[e-mail]>, <DPoe@deweyleboeu£com>, <[e-mail]>,
<[e-mail]>
Dear Mr. Dorney,
I am writing on behalf of Stanly County to provide you with an additional comment on APGI's
application for a Section 401 Water Quality Certification (DWQ Project No. 2007-0812).
I have attached a copy of an Order issued by FERC today, May 2, 2007. It issues an "Annual
License" to APGI for the Yadkin Project, as of May 1, 2008. Stanly County submits that the issuance
of this Annual License should give DWQ additional comfort that it may deny the pending application
for issuance of a Section 401 Certification to APGI, without interfering with the FERC relicensing
process or otherwise prejudicing APGI's right to continue operating its Yadkin Hydropower Project
while DWQ considers a new or amended Section 401 Certification under a newly-filed application.
Please do not hesitate to contact me if you should have any questions.
Regards,
Tom Griffin
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