2010-30249. Duke Energy Indiana, Inc.; Notice of Application

November 24, 2010.

Take notice that on November 10, 2010, Duke Energy Indiana, Inc. (DEI), 1000 East Main Street, Plainfield, Indiana 46168, filed an application in Docket No. CP11-27-000 pursuant to section 7(c) of the Natural Gas Act for a certificate of public convenience and necessity to construct and operate a single-use natural gas pipeline that will deliver natural gas to fuel electric power generating units at DEI's R. Gallagher Generating Station (Gallagher Station). DEI further requests a blanket certificate of public convenience and necessity under Part 157, Subpart F of the Commission's regulations authorizing certain construction and operation of additional facilities following the construction of the pipeline, as more fully detailed in the application. Specifically, DEI proposes to construct a 19.45-mile-long 20-inch diameter single-use pipeline which would extend from an interconnection with Texas Gas Transmission, LLC's mainline facilities in Kentucky across the Ohio River to the Gallagher Station in Indiana. The proposed project would enable DEI to be able to deliver natural gas to the Gallagher Station for its fuel needs at a peak flow rate of 5.6 million cubic feet per hour (MMcf/hr), and an off peak flow rate of 4.4 MMcf/hr. The application is on file with the Commission and open to public inspection. This filing is available for review at the Commission in the Public Reference Room 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, please contact FERC Online Support at [e-mail] or toll free at [phone], or for TTY, contact [phone].

Any questions regarding this application should be directed to William J. Roth, Engineer III, Duke Energy Corporation, 139 East Fourth Street, Mail Code: 460 Annex, Cincinnati, OH 45202, or by calling [phone] (telephone) or [phone] (fax), [e-mail].

DEI states that by letter dated March 9, 2010, in Docket No. PF10-8-000, the Commission's Office of Energy Projects granted DEI's March 1, 2010, request to utilize the National Environmental Policy Act (NEPA) Pre-Filing Process for the Projects. DEI has also submitted an applicant-prepared Draft Environmental Assessment that was prepared during the Pre-Filing Process that was included with this application. Now, as of the filing of this application on November 10, 2010, the NEPA Pre-Filing Process for this project has ended. From this time forward, this proceeding will be conducted in Docket No. CP11-27-000, as noted in the caption of this notice.

Pursuant to Section 157.9 of the Commission's rules, 18 CFR 157.9, within 90 days of this Notice the Commission staff will either: Complete its environmental assessment (EA) and place it into the Commission's public record (eLibrary) for this proceeding; or issue a Notice of Schedule for Environmental Review. If a Notice of Schedule for Environmental Review is issued, it will indicate, among other milestones, the anticipated date for the Commission staff's issuance of the final environmental impact statement (FEIS) or EA for this proposal. The filing of the EA in the Commission's public record for this proceeding or the issuance of a Notice of Schedule for Environmental Review will serve to notify federal and state agencies of the timing for the completion of all necessary reviews, and the subsequent need to complete all federal authorizations within 90 days of the date of issuance of the Commission staff's FEIS or EA.

There are two ways to become involved in the Commission's review of this project. First, any person wishing to obtain legal status by becoming a party to the proceedings for this project should, on or before the comment date stated below, file with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, a motion to intervene in accordance with the requirements of the Commission's Rules of Practice and Procedure (18 CFR 385.214 or 385.211) and the Regulations under the NGA (18 CFR 157.10). A person obtaining party status will be placed on the service list maintained by the Secretary of the Commission and will receive copies of all documents filed by the applicant and by all other parties. A party must submit 14 copies of filings made with the Commission and must mail a copy to the applicant and to every other party in the proceeding. Only parties to the proceeding can ask for court review of Commission orders in the proceeding.

However, a person does not have to intervene in order to have comments considered. The second way to participate is by filing with the Secretary of the Commission, as soon as possible, an original and two copies of comments in support of or in opposition to this project. The Commission will consider these comments in determining the appropriate action to be taken, but the filing of a comment alone will not serve to make the filer a party to the proceeding. The Commission's rules require that persons filing comments in opposition to the project provide copies of their protests only to the party or parties directly involved in the protest.

Persons who wish to comment only on the environmental review of this project should submit an original and two copies of their comments to the Secretary of the Commission. Environmental commentors will be placed on the Commission's environmental mailing list, will receive copies of the environmental documents, and will be notified of meetings associated with the Commission's environmental review process. Environmental commentors will not be required to serve copies of filed documents on all other parties. However, the non-party commentors will not receive copies of all documents filed by other parties or issued by the Commission (except for the mailing of environmental documents issued by the Commission) and will not have the right to seek court review of the Commission's final order.

The Commission strongly encourages electronic filings of comments, 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 [e-mail], or call [phone] (toll free). For TTY, call [phone].

Comment Date: December 15, 2010.

Kimberly D. Bose,

Secretary.