UNITED STATES OF AMERICA

FEDERAL ENERGY REGULATORY COMMISSION

Order GRANTING Extension of Time to FILE CERTIFIED COPIES OF ALL INSTRUMENTS OF CONVEYANCE

(Issued February 15, 2023)

1.               On December 1, 2022, Klamath River Renewal Corporation, State of California, and State of Oregon (transferees) filed an extension of time request for the Lower Klamath Hydroelectric Project No. 14803.  The transferees submitted the filing to complete the transfer of license for the project from PacifiCorp (transferor) to the transferees and submit certified copies of all instruments of conveyance pursuant to ordering paragraph (C) of the Order Approving Transfer of License issued June 17, 2021 (June 2021 Order).[1]  The project is located on the Klamath River in Klamath County, Oregon, and Siskiyou County, California. The project occupies federal lands.

Background

2.               Ordering paragraph (C) of the June 2021 Order states:

Approval of the transfer is contingent upon:  (1) transfer of title of the properties under the license, transfer of all project files including all dam safety related documents, and delivery of all license instruments to the Klamath River Renewal Corporation, State of Oregon, and State of California, which must be subject to the terms and conditions of the license as though they were the original co-licensees; and (2) the Klamath River Renewal Corporation, State of Oregon, and State of California, as co-licensees, acknowledging acceptance of this order and its terms and conditions by signing and returning the attached acceptance sheet.  Within 30 days of the Commission’s order on the application to surrender the Lower Klamath Project, the Klamath River Renewal Corporation, the State of Oregon, and the State of California, as co-licensees, must submit certified copies of all instruments of conveyance and the signed acceptance sheet.

In an Order Modifying and Approving Surrender of License and Removal of Project Facilities issued November 17, 2022, the Commission approved the surrender of the license for the Lower Klamath Project license.[2]   

Extension of Time Request

3.               The filing includes signed acceptance sheets of the transferees.  The transferees state that they received instruments of conveyance to all project properties and all license instruments for the project.  Closing of the property occurred on November 30, 2022.  However, the Clerk’s offices in Klamath County, Oregon, and Siskiyou County, California may require several weeks to process and record these instruments of conveyance before certified copies of recorded documents are available.  Therefore, the transferees are requesting a 90-day extension of time to file certified copies of all instruments of conveyance.

Review

Pursuant to the Commission’s regulations, extensions of time may be submitted before the expiration of the period prescribed or previously extended.  The transferees filed the request for an extension of time prior to the required deadline of December 17, 2022.[3]  The reasons advanced by the transferees are reasonable and justify the extension of time.  Therefore, the transferees request to extend the deadline to submit certified copies of all instruments of conveyance should be approved. 

The Director orders:

(A)          Klamath River Renewal Corporation, State of Oregon, and State of California request filed on December 1, 2022, to extend the deadline to file certified copies of all instruments of conveyance pursuant to ordering paragraph (C) of the Order Approving Transfer of License issued June 17, 2021, for the Lower Klamath Hydroelectric Project No. 14803, is approved.  The extended the deadline is March 17, 2023.

(B)           This order constitutes final agency action.  Any party may file a request for rehearing of this order within 30 days from the date of its issuance, as provided in section 313(a) of the Federal Power Act, 16 U.S.C. § 825l, and the Commission’s regulations at 18 C.F.R. § 385.713 (2021).  The filing of a request for rehearing does not operate as a stay of the effective date of this order, or of any other date specified in this order.  The licensee’s failure to file a request for rehearing shall constitute acceptance of this order.

Kelly Houff

Chief, Engineering Resources Branch

Division of Hydropower Administration

    and Compliance

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