8786 Federal Register / Vol. 74, No. 37 / Thursday, February 26, 2009 / Notices 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Project No 12613–001] 

Tygart, LLC.; Notice of Intent To File 

License Application, Filing of PreApplication Document, 

Commencement of Licensing 

Proceeding, Scoping Meetings, 

Solicitation of Comments on the Pad 

and Scoping Document, and 

Identification of Issues and Associated 

Study Requests 

February 19, 2009. 

a. Type of Filing: Notice of Intent to 

File License Application and 

Commencing Licensing Proceeding. 

b. Project No.: 12613–001. 

c. Dated Filed: December 23, 2008. 

d. Submitted By: Tygart, LLC. 

e. Name of Project: Tygart 

Hydroelectric Project. 

f. Location: At the Corps of Engineers’ 

Tygart dam on the Tygart River in 

Barbour and Taylor Counties, West 

Virginia. 

g. Filed Pursuant to: 18 CFR Part 5 of 

the Commission’s Regulations. 

h. Potential Applicant Contact: 

Clifford Phillips, Tygart, LLC, 150 North 

Miller Road, Suite 450 C, Fairlawn, 

Ohio 44333, (330) 869–8451. 

i. FERC Contact: Michael Spencer, 

michael.spencer@ferc.gov, (202) 502– 

6093. 

j. We are asking Federal, State, local, 

and tribal agencies with jurisdiction 

and/or special expertise with respect to 

environmental issues to cooperate with 

us in the preparation of the 

environmental document. Agencies who 

would like to request cooperating status 

should follow the instructions for filing 

comments described in paragraph o 

below. Cooperating agencies should 

note the Commission’s policy that 

agencies that cooperate in the 

preparation of the environmental 

document cannot also intervene. See, 94 

FERC ¶ 61,076 (2001). 

k. With this notice, we are initiating 

informal consultation with: (a) The U.S. 

Fish and Wildlife Service and/or NOAA 

Fisheries under section 7 of the 

Endangered Species Act and the joint 

agency regulations thereunder at 50 CFR 

Part 402; and (b) the State Historic 

Preservation Officer, as required by 

section 106, National Historical 

Preservation Act, and the implementing 

regulations of the Advisory Council on 

Historic Preservation at 36 CFR 800.2. 

l. With this notice, we are designating 

Tygart, LLC as the Commission’s nonFederal representative for carrying out 

informal consultation, pursuant to 

Section 7 of the Endangered Species 

Act, and Section 106 of the National 

Historic Preservation Act. 

m. Tygart, LLC filed a Pre-Application 

Document (PAD, including a proposed 

process plan and schedule) with the 

Commission pursuant to 18 CFR 5.6 of 

the Commission’s regulations. The 

Commission will issue the Scoping 

Document for the proposed Tygart 

Project on or about February 20, 2009. 

n. A copy of the PAD and the scoping 

document are available for review at the 

Commission in the Public Reference 

Room or may be viewed on the 

Commission’s Web site (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 paragraph h. 

Register online at http://ferc.gov/ 

esubscribenow.htm to be notified via email of new filing and issuances related 

to this or other pending projects. For 

assistance, contact FERC Online 

Support. 

o. The commencement date of this 

proceeding is February 21, 2009. With 

this notice we are soliciting comments 

on the PAD and the scoping document, 

as well as study requests. All comments 

on the PAD and the scoping document, 

and study requests should be sent to the 

address above in paragraph h. In 

addition, all comments on the PAD and 

the scoping document, study requests, 

requests for cooperating agency status, 

and all communications to and from 

Commission staff related to the merits of 

the potential application (original and 

eight copies) must be filed with the 

Commission at the following address: 

Kimberly D. Bose, Secretary, Federal 

Energy Regulatory Commission, 888 

First Street, NE., Washington, DC 20426. 

All filings with the Commission must 

include on the first page, the project 

name (Tygart Project) and number (P– 

12613–001), and bear the heading 

‘‘Comments on Pre-Application 

Document,’’ ‘‘Study Requests,’’ 

‘‘Comments on Scoping Document 1,’’ 

‘‘Request for Cooperating Agency 

Status,’’ or ‘‘Communications to and 

from Commission Staff.’’ Any 

individual or entity interested in 

submitting study requests, commenting 

on the PAD or the scoping document, 

and any agency requesting cooperating 

status must do so by April 22, 2009. 

1. Comments on the PAD and the 

scoping document, study requests, 

requests for cooperating agency status, 

and other permissible forms of 

communications with the Commission 

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.’’ 

p. Although our current intent is to 

prepare an environmental assessment 

(EA), there is the possibility that an 

Environmental Impact Statement (EIS) 

will be required. Nevertheless, this 

meeting will satisfy the NEPA scoping 

requirements, irrespective of whether an 

EA or EIS is issued by the Commission. 

Scoping Meetings 

Commission staff will hold two 

scoping meetings in the vicinity of the 

project at the time and place noted 

below. The daytime meeting will focus 

on resource agency, Indian tribes, and 

non-governmental organization 

concerns, while the evening meeting is 

primarily for receiving input from the 

public. We invite all interested 

individuals, organizations, and agencies 

to attend one or both of the meetings, 

and to assist staff in identifying 

particular study needs, as well as the 

scope of environmental issues to be 

addressed in the environmental 

document. The times and locations of 

these meetings are as follows: 

Evening Scoping Meeting 

Date: Monday, March 23, 2009. 

Time: 6 p.m. (EST). 

Location: Wingate Hotel, 350 

Conference Center Way, Bridgeport, WV 

26330. 

Phone: (304) 808–1000. 

Daytime Scoping Meeting 

Date: Tuesday, March 24, 2009. 

Time: 10 a.m. (EST). 

Location: Same location. 

The scoping document, which 

outlines the issues to be addressed in 

the environmental document, will be 

mailed to the individuals and entities 

on the Commission’s mailing list. 

Copies of the scoping document will be 

available at the scoping meetings, and 

may be viewed on the Web at http:// 

www.ferc.gov, using the ‘‘eLibrary’’ link. 

Follow the directions for accessing 

information in paragraph n. Depending 

on the extent of comments received, a 

revised Scoping Document may or may 

not be issued. 

Federal Register / Vol. 74, No. 37 / Thursday, February 26, 2009 / Notices 8787 

Site Visit 

Tygart, LLC will conduct a tour of the 

proposed project site at 2 p.m. on 

Monday, March 23, 2009. All 

participants should meet in the parking 

lot in front of the Army Corps of 

Engineers’ office at Tygart dam. All 

participants are responsible for 

providing photo identification to enter 

this Corps of Engineers’ facility. 

Photography will be prohibited. Anyone 

with questions about the site visit 

should contact Mr. Clifford Phillips of 

Tygart, LLC at (330) 869–8451 on or 

before March 20, 2009. 

Scoping Meeting Objectives 

At the scoping meetings, staff will: (1) 

Present a proposed list of issues to be 

addressed in the EA; (2) review and 

discuss existing conditions and resource 

agency management objectives; (3) 

review and discuss existing information 

and identify preliminary information 

and study needs; (4) review and discuss 

the process plan and schedule for prefiling activity that incorporates the time 

frames provided for in Part 5 of the 

Commission’s regulations and, to the 

extent possible, maximizes coordination 

of Federal, State, and Tribal permitting 

and certification processes; and (5) 

discuss requests by any Federal or State 

agency or Indian tribe acting as a 

cooperating agency for development of 

an environmental document. 

Meeting participants should come 

prepared to discuss their issues and/or 

concerns. Please review the PAD in 

preparation for the scoping meetings. 

Directions on how to obtain a copy of 

the PAD and the scoping document are 

included in item n of this document. 

Meeting Procedures 

The meetings will be recorded by a 

stenographer and will become part of 

the formal record of the Commission 

proceeding on the project. 

Kimberly D. Bose, 

Secretary. 

[FR Doc. E9–4086 Filed 2–25–09; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Docket No. OR09–4–000] 

Holly Refining and Marketing 

Company, Complainant v. Plains All 

American Pipeline, L.P. and Rocky 

Mountain Pipeline System LLC, 

Respondents; Notice of Complaint 

February 19, 2009. 

Take notice that on February 17, 2009, 

pursuant to sections 3(1), 9, 13(1), 15(1) 

and 16(1) of the Interstate Commerce 

Act (ICA), 49 U.S.C. App. 3(1), 9, 13(1), 

15(1), and 16(1), Rule 206 of the 

Commission’s Rules of Practice and 

Procedure, 18 CFR 385.206, and section 

343.1(a) of the Commission’s Procedural 

Rules Applicable to Oil Pipeline 

Proceedings, 18 CFR 343.1(a), Holly 

Refining and Marketing Company 

(Complainant) filed a complaint against 

Plains All American Pipeline, L.P. 

(PAAP) and Rocky Mountain Pipeline 

System LLC (RMPS) alleging undue and 

unjust preferential treatment of affiliates 

of PAAP and RMPS, undue and unjust 

prejudice and discrimination against the 

Complainant, and challenging the 

lawfulness of the proposed reversal of 

flow on the interstate pipeline segment 

of RMPS which currently provides 

crude oil transportation service from Ft. 

Laramie, Wyoming to Wamsutter, 

Wyoming. 

The Complainant states that a copy of 

the complaint has been served on the 

PAAP and RMPS. 

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. The Respondent’s answer 

and all interventions, or protests must 

be filed on or before the comment date. 

The Respondent’s answer, motions to 

intervene, and protests must be served 

on the Complainants. 

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 March 9, 2009. 

Kimberly D. Bose, 

Secretary. 

[FR Doc. E9–4085 Filed 2–25–09; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Docket No. ER09–683–000] 

Alex Energy, LLC; Supplemental 

Notice That Initial Market-Based Rate 

Filing Includes Request for Blanket 

Section 204 Authorization 

February 19, 2008. 

This is a supplemental notice in the 

above-referenced proceeding of Alex 

Energy, LLC’s application for marketbased rate authority, with an 

accompanying rate tariff, noting that 

such application includes a request for 

blanket authorization, under 18 CFR 34, 

of future issuances of securities and 

assumptions of liability. 

Any person desiring to intervene or to 

protest should file with the Federal 

Energy Regulatory Commission, 888 

First Street, NE., Washington, DC 20426, 

in accordance with Rules 211 and 214 

of the Commission’s Rules of Practice 

and Procedure (18 CFR 385.211 and 

385.214). Anyone filing a motion to 

intervene or protest must serve a copy 

of that document on the Applicant. 

Notice is hereby given that the 

deadline for filing protests with regard 

to the applicant’s request for blanket 

authorization, under 18 CFR 34, of 

future issuances of securities and 

assumptions of liability, is March 11, 

2009. 

The Commission encourages 

electronic submission of protests and 

interventions in lieu of paper, using the 

FERC Online links at http:// 

www.ferc.gov. To facilitate electronic 

service, persons with Internet access 

who will eFile a document and/or be 

listed as a contact for an intervenor