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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 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:*                     the Ohio River in Switzerland County, Indiana, 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 scoping comments:*                     October 19, 2009.                

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 Procedure require all interveners filing documents with the Commission to serve a copy of that document on each person on the official service list                           ( print page 42665)                        for the project. Further, if an intervener 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.                

                    Scoping comments 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 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-release 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. Scoping Process:

The Commission intends to prepare an Environmental Assessment (EA) on the project in accordance with the National Environmental Policy Act. The EA will consider both site-specific and cumulative environmental impacts and reasonable alternatives to the proposed action.

## Scoping Meetings

FERC staff will conduct one agency scoping meeting and one public meeting. The agency scoping meeting will focus on resource agency and non-governmental organization (NGO) concerns, while the public scoping meeting is primarily for public input. All interested individuals, organizations, and agencies are invited to attend one or both of the meetings, and to assist the staff in identifying the scope of the environmental issues that should be analyzed in the EA. The times and locations of these meetings are as follows:

### Agency Scoping Meeting

*Date:*                     Thursday, September 17, 2009.                

*Time:*                     9 a.m.                

*Place:*                     Best Western Ogle Haus Meeting Rooms.                

*Address:*                     1013 W. Main St., Vevay, Indiana.                

### Public Scoping Meeting

*Date:*                     Thursday, September 17, 2009.                

*Time:*                     7 p.m.                

*Place:*                     Best Western Ogle Haus Meeting Rooms.                

*Address:*                     1013 W. Main St., Vevay, Indiana.                

                    Copies of the Scoping Document (SD1) outlining the subject areas to be addressed in the EIS were distributed to the parties on the Commission's mailing list. Copies of the SD1 will be available at the scoping meeting or may be viewed on the Web at                     *http://www.ferc.gov*                     using the “eLibrary” link (see item m above).                

## Site Visit

The Applicant and FERC staff will conduct a project site visit beginning at 1 p.m. on September 17, 2009. All interested individuals, organizations, and agencies are invited to attend. All participants should meet at the parking lot of the Markland Hydroelectric Project, 13901 State Highway 156, Florence, Indiana. All participants are responsible for their own transportation to the site. Anyone with questions about the site visit should contact Ms. Tamara Styer of Duke Energy at (704) 382-0293.

## Objectives

At the scoping meetings, the staff will: (1) Summarize the environmental issues tentatively identified for analysis in the EA; (2) solicit from the meeting participants all available information, especially quantifiable data, on the resources at issue; (3) encourage statements from experts and the public on issues that should be analyzed in the EA, including viewpoints in opposition to, or in support of, the staff's preliminary views; (4) determine the resource issues to be addressed in the EA; and (5) identify those issues that require a detailed analysis, as well as those issues that do not require a detailed analysis.

## Procedures

The meetings will be recorded by a stenographer and become part of the formal record of the Commission proceeding on the project.

Individuals, organizations, and agencies with environmental expertise and concerns are encouraged to attend the meeting and to assist the staff in defining and clarifying the issues to be addressed in the EA.

Kimberly D. Bose,

Secretary.

[FR Doc. E9-20236 Filed 8-21-09; 8:45 am]

BILLING CODE 6717-01-P