E9-22235. Duke Energy Carolinas, LLC; Notice of Application for Amendment of License and Soliciting Comments, Motions To Intervene, and Protests

September 9, 2009.

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

a. Application Type: Amendment of Project Boundary.

b. Project No.: 2602-029.

c. Date Filed: May 29, 2009.

d. Applicant: Duke Energy Carolinas, LLC.

e. Name of Project: Dillsboro Project.

f. Location: The project is located on the Tuckaseegee River in the town of Dillsboro in Jackson County, North Carolina.

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

h. Applicant Contact: John Whittaker, Winston and Strawn LLP, 1700 K Street, NW., Washington, DC 20006 [phone].

i. FERC Contact: Any questions on this notice should be addressed to Mr. Steven Sachs at [phone] or [e-mail].

j. Deadline for filing comments and or motions: October 9, 2009.

Please include the project number (P-2602) on any comments or motions filed. All documents (an original and eight copies) must be filed with: Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426.

Motions to intervene, protests, comments and recommendations may be filed electronically via the Internet in lieu of paper 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. The Commission strongly encourages electronic filings.

The Commission's Rules of Practice and Procedure require all interveners filing documents with the Commission to serve a copy of that document on each person whose name appears on the official service list for the project. Further, if an intervener 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. A copy of any motion to intervene must also be served upon each representative of the Applicant specified in the particular application.

k. Description of Request: Duke Energy Carolinas, LLC proposes to include within the project boundary about 1,600 feet of land between the full pond contour of the Dillsboro Project reservoir and the western edge of River Road, and approximately 1,000 feet of land between the full pond contour and the eastern edge of Mockingbird Lane. The lands in question are identified as Jackson County, NC tax parcel Nos. 7631-44-2809, 7631-44-2597, 7631-44-3352, and 7631-35-5169. The amendment would add to the project about 11 acres of land upstream of the dam. The applicant states this land is required to perform the sand dredging operation as approved by the Commission.

l. Location of the Application: A copy of the licensee's filing is available for inspection and reproduction at the Commission's Public Reference Room, located at 888 First Street, NE., Room 2A, Washington, DC 20426, or by calling [phone]. This filing may also be viewed on the Commission's Web site at http://ferc.gov using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. You may also register online at http://www.ferc.gov/​docsfiling/​esubscription.asp to be notified via email of new filings and issuances related to this or other pending projects. For assistance, call toll-free at 1-866-208-3372 or e-mail [e-mail], or for TTY, call [phone]. A copy is also available for inspection and reproduction at the address listed in item (h) above.

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, 385.211, and 385.214. 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 (see item (j) above).

o. Any filing must bear in all capital letters the title “COMMENTS”, “PROTEST”, “MOTION TO INTERVENE”, or “RECOMMENDATIONS”, as applicable, and the Project Number of the particular application to which the filing refers.

p. Agency Comments: Federal, state, and local agencies are invited to file comments on the described application. A copy of the application 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.

Kimberly D. Bose,

Secretary.