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###### Department of Energy

###### Federal Energy Regulatory Commission

          - [Project No. 2211-004]

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.                          ( print 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