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###### Department of Energy

###### Federal Energy Regulatory Commission

          - [Docket No. EL09-30-000]

Take notice that on January 15, 2009, Mountain States Transmission Intertie, LLC (MSTI) and NorthWestern Corporation (NorthWestern) filed a Petition for Declaratory Order on Rate Treatments and Open Season for Transmission Export Project. MSTI and NorthWestern request the Commission to confirm that MSTI may charge negotiated rates for a proposed new high voltage transmission project to provide service from the NorthWestern system to southern Idaho, and that MSTI's proposal to give customers in NorthWestern's current MSTI service request queue a preference to the extent capacity is over-subscribed in the MSTI open season and to terminate the NorthWestern queue is not unduly discriminatory.

Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211, 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed on or before the comment date. On or before the comment date, it is not necessary to serve motions to intervene or protests on persons other than the Applicant.

                    The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at                     *http://www.ferc.gov.*                     Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426.                

                    This filing is accessible on-line at                     *http://www.ferc.gov,*                     using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail                     *FERCOnlineSupport@ferc.gov,*                     or call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.                

*Comment Date:*                     5 p.m. Eastern Time on February 17, 2009.                

Kimberly D. Bose,

Secretary.

[FR Doc. E9-1910 Filed 1-28-09; 8:45 am]

BILLING CODE 6717-01-P