
[Federal Register: August 6, 2009 (Volume 74, Number 150)]
[Notices]               
[Page 39311-39312]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06au09-51]                         

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2211-004]

 
Duke Energy Indiana, Inc.; Notice of Application Accepted for 
Filing and Soliciting Motions To Intervene and Protests

July 30, 2009.
    Take notice that the following hydroelectric application has been 
filed with the Commission and is available for public inspection.
    a. Type of Application: New Major License.
    b. Project No.: 2211-004.
    c. Date filed: April 24, 2009.
    d. Applicant: Duke Energy Indiana, Inc.
    e. Name of Project: Markland Hydroelectric Project.
    f. Location: On the Ohio River in Switzerland County, near the 
towns of Florence and Vevay, Indiana, and Warsaw, Kentucky. The project 
affects about 1 acre of federal lands administered by the U.S. Army 
Corps of Engineers.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791 (a)-825(r).
    h. Applicant Contact: Tamara Styer, Duke Energy, Mail Code: EC12Y, 
P.O. Box 1006, Charlotte, NC 28201-1006, (704) 382-0293 or 
tsstyer@duke-energy.com.
    i. FERC Contact: Dianne Rodman, (202) 502-6077 or 
dianne.rodman@ferc.gov.
    j. Deadline for filing motions to intervene and protests: 60 days 
from the issuance date of this notice.
    All documents (original and eight copies) should be filed with: 
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888 
First Street, NE., Washington, DC 20426.
    The Commission's Rules of Practice and Procedures require all 
intervenors filing documents with the Commission to serve a copy of 
that document on each person on the official service list for the 
project. Further, if an intervenor files comments or documents with the 
Commission relating to the merits of an issue that may affect the 
responsibilities of a particular resource agency, they must also serve 
a copy of the document on that resource agency.

[[Page 39312]]

    Motions to intervene and protests may be filed electronically via 
the Internet in lieu of paper. The Commission strongly encourages 
electronic filings. See 18 CFR 385.2001(a)(1)(iii) and the instructions 
on the Commission's Web site (http://www.ferc.gov/docs-filing/
ferconline.asp) under the ``e-filing'' link. For a simpler method of 
submitting text only comments, click on ``Quick Comment.''
    k. This application has been accepted for filing, but is not ready 
for environmental analysis at this time.
    l. The existing Markland Hydroelectric Project consists of a 
powerhouse integrated into the north end of the U.S. Army Corps of 
Engineers' (Corps) Markland dam, which was constructed by the Corps 
between 1959 and 1964. The project has a total installed capacity of 
64.8 megawatts (MW) and produces an average annual generation of 
350,454 megawatt-hours. All generated power is utilized within the 
applicant's electric utility system. The project operates in run-of-
river mode, has no storage, and only uses flows released by the Corps.
    The project consists of the following facilities: (1) A 96-foot-
high, 248-foot-wide intake structure, with steel trashrack panels 
installed along the east side, directing flows to the connected 
powerhouse; (2) a powerhouse, integral to the Corps' Markland dam, 
containing three vertical shaft Kaplan turbine/generator units with a 
total installed capacity of 64.8 MW; (3) a tailrace discharging flows 
immediately downstream of the dam; (4) a substation about 250 feet 
north of the powerhouse; (5) an approximately 750-foot-long existing 
access road; (6) a 9.37-mile-long, 138-kilovolt transmission line in a 
100-foot-wide right-of-way extending to Fairview, Indiana; and (7) 
appurtenant facilities. The applicant is proposing to add a new, 
approximately 300-foot-long access road, leading to a new parking area 
for recreation use at the tailrace of the dam.
    m. A copy of the application is available for review at the 
Commission in the Public Reference Room or may be viewed on the 
Commission's Web site at http://www.ferc.gov using the ``eLibrary'' 
link. Enter the docket number excluding the last three digits in the 
docket number field to access the document. For assistance, contact 
FERC Online Support at FERCOnlineSupport@ferc.gov or toll-free at 1-
866-208-3676, or for TTY, (202) 502-8659. A copy is also available for 
inspection and reproduction at the address in item h above.
    You may also register online at http://www.ferc.gov/docs-filing/
esubscription.asp to be notified via e-mail of new filings and 
issuances related to this or other pending projects. For assistance, 
contact FERC Online Support.
    n. Any qualified applicant desiring to file a competing application 
must submit to the Commission, on or before the specified intervention 
deadline date, a competing development application, or a notice of 
intent to file such an application. Submission of a timely notice of 
intent allows an interested person to file the competing development 
application no later than 120 days after the specified intervention 
deadline date. Applications for preliminary permits will not be 
accepted in response to this notice.
    A notice of intent must specify the exact name, business address, 
and telephone number of the prospective applicant, and must include an 
unequivocal statement of intent to submit a development application. A 
notice of intent must be served on the applicant(s) named in this 
public notice.
    Anyone may submit a protest or a motion to intervene in accordance 
with the requirements of Rules of Practice and Procedure, 18 CFR 
385.210, 385.211, and 385.214. In determining the appropriate action to 
take, the Commission will consider all protests filed, but only those 
who file a motion to intervene in accordance with the Commission's 
Rules may become a party to the proceeding. Any protests or motions to 
intervene must be received on or before the specified deadline date for 
the particular application.
    When the application is ready for environmental analysis, the 
Commission will issue a public notice requesting comments, 
recommendations, terms and conditions, or prescriptions.
    All filings must (1) Bear in all capital letters the title 
``PROTEST'' or ``MOTION TO INTERVENE,'' ``NOTICE OF INTENT TO FILE 
COMPETING APPLICATION,'' or ``COMPETING APPLICATION;'' (2) set forth in 
the heading the name of the applicant and the project number of the 
application to which the filing responds; (3) furnish the name, 
address, and telephone number of the person protesting or intervening; 
and (4) otherwise comply with the requirements of 18 CFR 385.2001 
through 385.2005. Agencies may obtain copies of the application 
directly from the applicant. A copy of any protest or motion to 
intervene must be served upon each representative of the applicant 
specified in the particular application.

Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. E9-18796 Filed 8-5-09; 8:45 am]

BILLING CODE 6717-01-P
