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###### Department of Energy

###### Federal Energy Regulatory Commission

          - [Project No. 13470-000]

Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection:

                    a.                     *Type of Application:*                     Conduit Exemption.                

                    b.                     *Project No.:*                     13470-000.                

                    c.                     *Date filed:*                     May 21, 2009.                

                    d.                     *Applicant:*                     Swalley Irrigation District.                

                    e.                     *Name of Project:*                     Swalley Irrigation District Project.                

                    f.                     *Location:*                     The proposed Swalley Irrigation District Project would be located on the Swalley Main Canal in Deschutes County, Oregon. The land in which all the project structures are located is owned by the applicant.                

                    g.                     *Filed Pursuant to:*                     Federal Power Act 16 U.S.C. 791a-825r.                

                    h.                     *Applicant Contact:*                     Mr. Gary Blake, Chairmen, Swalley Irrigation District, 64672 Cook Avenue, Suite 1, Bend, OR 97701, phone (541) 388-0658.                

                    i.                     *FERC Contact:*                     Robert Bell, (202) 502-6062,                     *Robert.bell@ferc.gov.*

                    j.                     *Status of Environmental Analysis:*                     This application is ready for environmental analysis at this time, and the Commission is requesting comments, reply comments, recommendations, terms and conditions, and prescriptions.                

                    k.                     *Deadline for filing responsive documents:*                     The Commission directs, pursuant to section 4.34(b) of the Regulations (see Order No. 533, issued May 8, 1991, 56 FR 23,108 (May 20, 1991)) that all comments, motions to intervene, protests, recommendations, terms and conditions, and prescriptions concerning the application be filed with the Commission: 60 days from the issuance of this notice. All reply comments must be filed with the Commission: 105 days from the issuance of this notice.                

Comments, protests, and interventions 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.

The Commission's Rules of Practice and Procedure require all intervenors filing documents with the Commission to serve a copy of that document on each person in 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.

                    l.                     *Description of Project:*                     The proposed Swalley Irrigation District Project consists of: (1) A proposed powerhouse containing one generating unit having an installed capacity of 750 kilowatts, and (2) appurtenant facilities. The Swalley Irrigation District, estimates the project would have an average annual generation of 2.7 gigawatt-hours that would be sold to a local utility.                

                    m. This filing is available for review and reproduction at the Commission in the Public Reference Room, Room 2A, 888 First Street, NE., Washington, DC 20426. The filing may also be viewed on the Web at                     *http://www.ferc.gov*                     using the “eLibrary” link. Enter the docket number, P-13470, in the docket number field to access the document. For assistance, call toll-free 1-866-208-3676 or e-mail                     *FERCOnlineSupport@ferc.gov.*                     For TTY, call (202) 502-8659. A copy is also available for review and reproduction at the address in item h above.                

n. Development Application—Any qualified applicant desiring to file a competing application must submit to the Commission, on or before the specified deadline date for the particular application, 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 deadline date for the particular application. Applications for preliminary permits will not be accepted in response to this notice.

o. Notice of Intent—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 competing development application. A notice of intent must be served on the applicant(s) named in this public notice.

p. Protests or Motions to Intervene—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.

                    q. All filings must (1) Bear in all capital letters the title “PROTEST”, “MOTION TO INTERVENE”, “NOTICE OF INTENT TO FILE COMPETING APPLICATION”, “COMPETING APPLICATION”, “COMMENTS”, “REPLY COMMENTS,” “RECOMMENDATIONS,” “TERMS AND CONDITIONS,” or “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                           ( print page 52958)                        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. Any of these documents must be filed by providing the original and eight copies to: The Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. An additional copy must be sent to Director, Division of Hydropower Administration and Compliance, Office of Energy Projects, Federal Energy Regulatory Commission, at the above address. 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.                

Kimberly D. Bose,

Secretary.

[FR Doc. E9-24800 Filed 10-14-09; 8:45 am]

BILLING CODE 6717-01-P