[Federal Register Volume 74, Number 7 (Monday, January 12, 2009)]
[Notices]
[Pages 1213-1214]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-255]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project Nos. 12958-001; 12962-001]


Symbiotics, LLC; Notice of Intent To File License Application, 
Filing of Pre-Application Document, Commencement of Licensing 
Proceeding, and Scoping; Request for Comments on the Pad and Scoping 
Document, and Identification of Issues and Associated Study Requests

January 5, 2009.
    a. Type of Filing: Notice of Intent to File License Application for 
an Original License and Commencing Licensing Proceeding.
    b. Project Nos.: 12958-001 and 12962-001.
    c. Dated Filed: October 31, 2008.
    d. Submitted By: Symbiotics, LLC.
    e. Name of Project: Uniontown Hydroelectric Project and Newburgh 
Hydroelectric Project.
    f. Location: Both projects would be located on the Ohio River at 
existing U.S. Army Corps of Engineers locks and dams. The Uniontown 
Project would be located at the John T. Myers Locks and Dam, in Union 
County, Kentucky and Posey County, Indiana. The Newburgh Project would 
be located at the Newburgh Locks and Dam, in Henderson County, Kentucky 
and Warrick County, Indiana.
    g. Filed Pursuant to: 18 CFR Part 5 of the Commission's 
Regulations.
    h. Potential Applicant Contact: Brent L. Smith, COO, P.O. Box 535, 
Rigby, Idaho 83442.
    i. FERC Contact: Jennifer Adams at (202) 502-8087 or e-mail at 
[email protected].
    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. Symbiotics, 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.
    m. 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 
[email protected] 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://ferc.gov/esubscribenow.htm to be notified 
via e-mail of new filing and issuances related to this or other pending 
projects. For assistance, contact FERC Online Support.
    n. With this notice, we are soliciting comments on the PAD and 
Scoping Document 1 (SD1), as well as study requests. All comments on 
the PAD and SD1, and study requests should be sent to the address above 
in paragraph h. In addition, all comments on the PAD and SD1, 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(s) (Uniontown Hydroelectric Project 
and/or Newburgh Hydroelectric Project) and number(s) (No. 12958-001 
and/or No. 12962-001), 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 SD1, and any agency requesting cooperating status must do so by 
March 2, 2009.
    Comments on the PAD and SD1, 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) under the ``e-
filing'' link.
    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:

Daytime Scoping Meeting

    Date: Friday, January 30, 2009.
    Time: 9 a.m. to 11 a.m. (CST).
    Location: Browning Events Room. Evansville Vanderburgh Public 
Library, 200 South East Martin Luther King Boulevard, Evansville, 
Indiana 47713.

Evening Scoping Meeting

    Date: Thursday, January 29, 2009.
    Time: 7 p.m. to 9 p.m. (CST).
    Location: Browning Events Room, Evansville Vanderburgh Public 
Library, 200 South East Martin Luther King Boulevard, Evansville, 
Indiana 47713.
    Scoping Document 1 (SD1), 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 SD1 will be 
available at the scoping meetings, or may be viewed on the Web

[[Page 1214]]

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 Scoping Document 2 (SD2) may be issued. SD2 may 
include a revised process plan and schedule, as well as a list of 
issues, identified through the scoping process.

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 SD1 are 
included in item m 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. E9-255 Filed 1-9-09; 8:45 am]
BILLING CODE 6717-01-P