39310 Federal Register / Vol. 74, No. 150 / Thursday, August 6, 2009 / Notices 

within 90 days of this Notice the 

Commission staff will either: Complete 

its environmental assessment (EA) and 

place it into the Commission’s public 

record (eLibrary) for this proceeding, or 

issue a Notice of Schedule for 

Environmental Review. If a Notice of 

Schedule for Environmental Review is 

issued, it will indicate, among other 

milestones, the anticipated date for the 

Commission staff’s issuance of the final 

environmental impact statement (FEIS) 

or EA for this proposal. The filing of the 

EA in the Commission’s public record 

for this proceeding or the issuance of a 

Notice of Schedule for Environmental 

Review will serve to notify Federal and 

State agencies of the timing for the 

completion of all necessary reviews, and 

the subsequent need to complete all 

Federal authorizations within 90 days of 

the date of issuance of the Commission 

staff’s FEIS or EA. 

There are two ways to become 

involved in the Commission’s review of 

this project. First, any person wishing to 

obtain legal status by becoming a party 

to the proceedings for this project 

should, on or before the below listed 

comment date, file with the Federal 

Energy Regulatory Commission, 888 

First Street, NE., Washington, DC 20426, 

a motion to intervene in accordance 

with the requirements of the 

Commission’s Rules of Practice and 

Procedure (18 CFR 385.214 or 385.211) 

and the Regulations under the NGA (18 

CFR 157.10). A person obtaining party 

status will be placed on the service list 

maintained by the Secretary of the 

Commission and will receive copies of 

all documents filed by the applicant and 

by all other parties. A party must submit 

14 copies of filings made with the 

Commission and must mail a copy to 

the applicant and to every other party in 

the proceeding. Only parties to the 

proceeding can ask for court review of 

Commission orders in the proceeding. 

However, a person does not have to 

intervene in order to have comments 

considered. The second way to 

participate is by filing with the 

Secretary of the Commission, as soon as 

possible, an original and two copies of 

comments in support of or in opposition 

to this project. The Commission will 

consider these comments in 

determining the appropriate action to be 

taken, but the filing of a comment alone 

will not serve to make the filer a party 

to the proceeding. The Commission’s 

rules require that persons filing 

comments in opposition to the project 

provide copies of their protests only to 

the party or parties directly involved in 

the protest. 

Persons who wish to comment only 

on the environmental review of this 

project should submit an original and 

two copies of their comments to the 

Secretary of the Commission. 

Environmental commenters will be 

placed on the Commission’s 

environmental mailing list, will receive 

copies of the environmental documents, 

and will be notified of meetings 

associated with the Commission’s 

environmental review process. 

Environmental commenters will not be 

required to serve copies of filed 

documents on all other parties. 

However, the non-party commenters 

will not receive copies of all documents 

filed by other parties or issued by the 

Commission (except for the mailing of 

environmental documents issued by the 

Commission) and will not have the right 

to seek court review of the 

Commission’s final order. 

Motions to intervene, protests and 

comments may be filed electronically 

via the internet in lieu of paper; see, 18 

CFR 385.2001(a)(1)(iii) and the 

instructions on the Commission’s Web 

site under the ‘‘e-Filing’’ link. The 

Commission strongly encourages 

electronic filings. 

Comment Date: August 20, 2009. 

Nathaniel J. Davis, Sr., 

Deputy Secretary. 

[FR Doc. E9–18792 Filed 8–5–09; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Project No. 2594–013] 

Northern Lights, Inc.; Notice of 

Application Accepted for Filing, 

Soliciting Motions To Intervene and 

Protests, Ready for Environmental 

Analysis, and Soliciting Comments, 

Recommendations, Preliminary Terms 

and Conditions, and Preliminary 

Fishway Prescriptions 

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: Major License. 

b. Project No.: 2594–013. 

c. Date filed: July 17, 2009. 

d. Applicant: Northern Lights, Inc. 

(NLI). 

e. Name of Project: Lake Creek 

Hydroelectric Project. 

f. Location: The existing project is 

located on Lake Creek in Lincoln 

County, Montana, near the City of Troy. 

The project does not affect federal lands. 

g. Filed Pursuant to: Federal Power 

Act 16 U.S.C. 791(a)–825(r). 

h. Applicant Contact: Mark Contor, 

Operations Manager, Northern Lights 

Inc., P.O. Box 269, 421 Chevy Street, 

Sagle, ID 83860; Telephone (800) 326– 

9594 ext. 134. 

i. FERC Contact: Shana Murray, 

Telephone (202) 502–8333, and e-mail 

shana.murray@ferc.gov. 

j. Deadline for filing motions to 

intervene and protests, comments, 

recommendations, preliminary terms 

and conditions, and preliminary 

fishway prescriptions is 60 days from 

the issuance of this notice; reply 

comments are due 105 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 

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. 

Motions to intervene, protests, 

comments, recommendations, 

preliminary terms and conditions, and 

preliminary fishway prescriptions 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 and is now is ready for 

environmental analysis. 

l. The Project consists of: (1) A 268- 

foot-long, 44-foot-high concrete gravity 

dam; (2) a 30-acre reservoir with a 

storage capacity of 150 acre-feet (af); (3) 

a reinforced concrete intake structure; 

(4) a 1,694-foot-long, 10-foot diameter 

flowline, leading to a forebay created by 

a reinforced concrete structure with 

wood superstructure; (5) a 297-footlong, 5-foot diameter penstock, leading 

to Powerhouse No. 1 containing a 

Francis-type, turbine-generating unit 

with a rated capacity of 1 megawatt 

(MW); (6) a 441-foot-long penstock with 

a diameter of 8.5 feet, leading to 

Powerhouse No. 2 containing a Francistype, turbine-generating unit with a 

rated capacity of 3.5 MW; (7) a 2.4–7.97/ 

13.8 kilovolt step-up transformer at 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 74, No. 150 / Thursday, August 6, 2009 / Notices 39311 

Powerhouse No. 2; and (8) appurtenant 

facilities. The project is estimated to 

generate an average of 23,400,000 

kilowatthours annually. The dam and 

existing project facilities are owned and 

operated by the applicant. The applicant 

is not proposing to add capacity or to 

make any modifications to the Project or 

its operation under the new license. 

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 tollfree 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. 

Register online at http:// 

www.ferc.gov/docs-filing/ 

esubscription.asp to be notified via email of new filings and issuances 

related to this or other pending projects. 

For assistance, contact FERC Online 

Support. 

n. Anyone may submit comments, a 

protest, or a motion to intervene in 

accordance with the requirements of 

Rules of Practice and Procedure, 18 CFR 

385.210, .211, .214. In determining the 

appropriate action to take, the 

Commission will consider all protests or 

other comments 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 comments, protests, or 

motions to intervene must be received 

on or before the specified comment date 

for the particular application. 

All filings must (1) Bear in all capital 

letters the title ‘‘PROTEST’’, ‘‘MOTION 

TO INTERVENE’’, ‘‘COMMENTS,’’ 

‘‘REPLY COMMENTS,’’ 

‘‘RECOMMENDATIONS,’’ 

‘‘PRELIMINARY TERMS AND 

CONDITIONS,’’ or ‘‘PRELIMINARY 

FISHWAY PRESCRIPTIONS’’; (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. 

All comments, recommendations, terms 

and conditions or prescriptions must set 

forth their evidentiary basis and 

otherwise comply with the requirements 

of 18 CFR 4.34(b). 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. A copy of all other filings 

in reference to this application must be 

accompanied by proof of service on all 

persons listed in the service list 

prepared by the Commission in this 

proceeding, in accordance with 18 CFR 

4.34(b) and 385.2010. 

o. Procedural Schedule: The 

application will be processed according 

to the following revised Hydro 

Licensing Schedule. Revisions to the 

schedule may be made as appropriate. 

Milestone Target date 

Filing of recommendations, preliminary terms and conditions, and preliminary fishway prescriptions .................................... November 28, 2009. 

Commission issues Draft EA or EIS ......................................................................................................................................... May 27, 2010. 

Comments on Draft EA or EIS .................................................................................................................................................. July 26, 2010. 

Modified Terms and Conditions ................................................................................................................................................ September 24, 2010. 

Commission Issues Final EA or EIS ......................................................................................................................................... December 23, 2010. 

p. Final amendments to the 

application must be filed with the 

Commission no later than 30 days from 

the issuance date of this notice. 

q. A license applicant must file no 

later than 60 days following the date of 

issuance of the notice of acceptance and 

ready for environmental analysis 

provided for in § 5.22: (1) A copy of the 

water quality certification; (2) a copy of 

the request for certification, including 

proof of the date on which the certifying 

agency received the request; or (3) 

evidence of waiver of water quality 

certification. 

Nathaniel J. Davis, Sr., 

Deputy Secretary. 

[FR Doc. E9–18797 Filed 8–5–09; 8:45 am] 

BILLING CODE 6717–01–P 

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@dukeenergy.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. 


jlentini on DSKJ8SOYB1PROD with NOTICES