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The Cincinnati Gas & Electric Company, d/b/a Duke Energy Ohio, Inc.; Notice of Application

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Start Preamble August 21, 2006.

Take notice that on August 16, 2006, The Cincinnati Gas & Electric Company d/b/a/ Duke Energy Ohio, Inc. (DEO), 139 E. Fourth Street EM025, Cincinnati, OH 15202, filed in Docket No. CP06-431-000, an application pursuant to section 7(f) of the Natural Gas Act requesting the determination of a service area within which DEO may enlarge and extend its distribution facilities to interconnect with KO Transmission Company without further Commission authorization. DEO also requests: (i) A finding that it qualifies as a local distribution company for purposes of section 311 of the Natural Gas Policy Act of 1978 (NGPA); (ii) a waiver of the regulatory requirements ordinarily applicable to natural gas companies under the NGA and the NGPA; and (iii) such further relief as the Commission may deem appropriate, all as more fully set forth in the application, which is on file with the Commission and open to public inspection. The filing may also be viewed on the Web at 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 at or call toll-free, (886) 208-3676 or TYY, (202) 502-8659.

Any questions regarding this application should be directed to William A. Tucker, Duke Energy Ohio, Inc., 139 E. Fourth Street EMO2S, Cincinnati, Ohio 45202; (513) 287-1060 (telephone); (513) 287-2938 (fax); or Peter C. Lesch, Thompson Hine LLP, 1920 N Street, NW., Suite 800, Washington, DC 20036-1600; (202) 263-4175 (telephone); (202) 331-8330 (fax);

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, 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.

The Commission strongly encourages electronic filings of comments, protests, and interventions 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.

Comment Date: 5 p.m. EST on September 11, 2006.

Start Signature

Magalie R. Salas,


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[FR Doc. E6-14374 Filed 8-29-06; 8:45 am]