E5-5497. Notice of Application for Non-Project Use of Project Lands and Waters and Soliciting Comments, Motions To Intervene, and Protests

September 30, 2005.

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

a. Application Type: Non-Project Use Of Project Lands And Waters.

b. Project No: 2232-495.

c. Date Filed: September 7, 2005.

d. Applicant: Duke Energy Corporation.

e. Name of Project: The Catawba-Wateree Project, which includes the Cowans Ford development, also known as Lake Norman.

f. Location: The proposed action will take place at the Cowans Ford development, also known as Lake Norman, which is located in Iredell County, on the Catawba River approximately 16 miles northwest of Charlotte, North Carolina and 7 miles west-northwest of Huntersville, North Carolina.

g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a) 825(r) and sections 799 and 801.

h. Applicant Contact: Mr. Joe Hall, Lake Management Representative; Duke Energy Corporation; P.O. Box 1006; Charlotte, NC; 28201-1006; [phone]

i. FERC Contact: Any questions on this notice should be addressed to Lesley Kordella at [phone], or by e-mail: [e-mail].

j. Deadline for filing comments and or motions: October 31, 2005.

All documents (original and eight copies) should be filed with: Ms. Magalie R. Salas, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington DC 20426. Please include the project number (P-2232-495) on any comments or motions filed. 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 e-filings.

k. Description of Request: Duke Energy Corporation (Duke Power), licensee for the Catawba Wateree Hydroelectric Project, has requested Commission approval to lease to the Davidson Pointe Homeowners Association, Inc. (Davidson Pointe), 0.78 total acres of project lands on Lake Norman for a commercial/residential marina. Davidson Pointe, a commercial-residential development is located on Lake Davidson on Bridges Farm Road in Iredell County, North Carolina. The applicant proposes that 0.69 acres of the total 0.78 acres to be leased would have one pier with 16 double boat slips and 4 end ties for boats or 36 docking locations. The applicant also proposes to construct a dry hydrant on the remaining 0.9 acres as requested by the State Fire Marshall. There will be no dredging during construction and the pier will be built on site.

l. Location of the Application: This filing is available for review at the Commission 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 [e-mail] or toll-free at [phone], or for TTY, contact [phone].

m. Individuals desiring to be included on the Commission's mailing list should so indicate by writing to the Secretary of the Commission.

n. Comments, Protests, or Motions to Intervene—Anyone may submit comments, a protest, or a motion to intervene in accordance with the requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211, .214. In determining the appropriate action to take, the Commission will consider all protests or other comments 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 comments, protests, or motions to intervene must be received on or before the specified comment date for the particular application.

o. Filing and Service of Responsive Documents—Any filings must bear in all capital letters the title “COMMENTS”, “RECOMMENDATIONS FOR TERMS AND CONDITIONS”, “PROTEST”, OR “MOTION TO INTERVENE”, as applicable, and the Project Number of the particular application to which the filing refers. A copy of any motion to intervene must also be served upon each representative of the Applicant specified in the particular application.

p. Agency Comments—Federal, state, and local agencies are invited to file comments on the described applications. A copy of the applications may be obtained by agencies directly from the Applicant. If an agency does not file comments within the time specified for filing comments, it will be presumed to have no comments. One copy of an agency's comments must also be sent to the Applicant's representatives.

Magalie R. Salas,

Secretary.