Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Energy

###### Federal Energy Regulatory Commission

          - [Project No. 2355-011]

                    a.                     *Type of Filing:*                     Notice of Intent to File License Application for a New License and Commencing Licensing Proceeding.                

                    b.                     *Project No.:*                     2355-011.                

                    c.                     *Dated Filed:*                     March 12, 2009.                

                    d.                     *Submitted By:*                     Exelon Generation Company, LLC.                

                    e.                     *Name of Project:*                     Muddy Run Pumped Storage Project.                

                    f.                     *Location:*                     On Muddy Run, a tributary to the Susquehanna River, in Lancaster and York Counties, Pennsylvania. The project does not occupy any Federal lands.                

                    g.                     *Filed Pursuant to:*18 CFR Part 5 of the Commission's Regulations.                

                    h.                     *Potential Applicant Contact:*                     Colleen Hicks, Manager, Regulatory and Licensing, Hydro, Exelon Power, 300 Exelon Way, Kennett Square, PA 19348, at (610) 765-6791 or e-mail at                     *Colleen.Hicks@exeloncorp.com*                     and A. Karen Hill, Vice President, Federal Regulatory Affairs, Exelon Corporation, 101 Constitution Avenue, Suite 400E, Washington, DC 20001, at (202)347-8092 or e-mail at                     *Karen.Hill@exeloncorp.com.*

                    i.                     *FERC Contact:*                     John Smith at (202) 502-8972 or e-mail at                     *john.smith@ferc.gov*.                

                    j.                     *Cooperating agencies:*                     Federal, State, local, and Tribal agencies with jurisdiction and/or special expertise with respect to environmental issues that wish to cooperate in the preparation of the environmental document should follow the instructions for filing such requests described in item 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 Exelon Generation Company, LLC as the Commission's non-Federal 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. Exelon Generation Company, 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.

                    n. A copy of the PAD is 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, of for TTY, (202) 502-8659. A copy is also available for inspection and reproduction at the address in paragraph h.                

                    Register online at                     *http://www.ferc.gov/​docs-filing/​      ( print page 23179)    esubscription.asp*                     to be notified via e-mail of new filing and issuances related to this or other pending projects. For assistance, contact FERC Online Support.                

o. With this notice, we are soliciting comments on the PAD and Scoping Document issued May 11, 2009, as well as study requests. All comments on the PAD and Scoping Document, and study requests should be sent to the address above in paragraph h. In addition, all comments on the PAD and 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 (Muddy Run Pumped Storage Project) and number (P-2355-011), and bear the heading Comments on Pre-Application Document, Study Requests, Comments on Scoping Document, 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 Scoping Document, and any agency requesting cooperating status must do so by July 10, 2009.

                    Comments on the PAD and 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:*                     Wednesday June 10, 2009.                

*Time:*                     7 p.m.                

*Location:*                     Muddy Run Visitor's Center, 172 Bethesda Church Road West, Holtwood, Pennsylvania.                

*Phone:*                     Dave Byers at (717) 284-5863.                

## Daytime Scoping Meeting

(Joint meeting with Conowingo Hydroelectric Project [Project No. 405-087])

*Date:*                     Friday June 12, 2009.                

*Time:*                     10 a.m.                

*Location:*                     Darlington Fire Station, 2600 Castleton Road, Darlington, Maryland.                

*Phone:*                     Barbara Evans at (410) 638-3762.                

                    The Scoping Document, which outlines the subject areas to be addressed in the environmental document, was mailed to the individuals and entities on the Commission's mailing list. Copies of the Scoping Document will be available at the scoping meetings, or may be viewed on the Web at                     *http://www.ferc.gov,*                     using the eLibrary link. Follow the directions for accessing information in paragraph n. Based on all oral and written comments, a revised Scoping Document may be issued which may include a revised process plan and schedule, as well as a list of issues, identified through the scoping process.                

## Site Visit

The potential applicant and Commission staff will conduct a site visit of the project on Wednesday June 10, 2009, starting at 2 p.m. All participants should meet at the Muddy Run Visitor's Center located at 172 Bethesda Church Road West, Holtwood, Pennsylvania. Transportation will be provided by Exelon Generation Company, LLC or participants may use their own transportation. Anyone needing transportation or with questions about the site visit should contact Ms. Colleen Hicks at Exelon Generation Company, LLC at (610) 765-6791 on or before June 3, 2009.

## Meeting Objectives

At the scoping meetings, staff will: (1) Initiate scoping of the issues; (2) review and discuss existing conditions and resource 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 pre-filing 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 the appropriateness of 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 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. E9-11466 Filed 5-15-09; 8:45 am]

BILLING CODE 6717-01-P