[Federal Register Volume 86, Number 5 (Friday, January 8, 2021)]
[Notices]
[Pages 1492-1494]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-00129]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket No. PF20-4-000]
Kern River Gas Transmission Company; Notice of Scoping Period
Requesting Comments on Environmental Issues for the Planned Delta
Lateral Project
The staff of the Federal Energy Regulatory Commission (FERC or
Commission) will prepare an environmental document that will discuss
the environmental impacts of the Delta Lateral Project involving
construction and operation of facilities by Kern River Gas Transmission
Company (Kern River) in Millard County, Utah. The Commission will use
this environmental document in its decision-making process to determine
whether the project is in the public convenience and necessity.
This notice announces the opening of the scoping process the
Commission will use to gather input from the public and interested
agencies regarding the project. As part of the National Environmental
Policy Act (NEPA) review process, the Commission takes into account
concerns the public may have about proposals and the environmental
impacts that could result from its action whenever it considers the
issuance of a Certificate of Public Convenience and Necessity. This
gathering of public input is referred to as ``scoping.'' The main goal
of the scoping process is to focus the analysis in the environmental
document on the important environmental issues. Additional information
about the Commission's NEPA process is described below in the NEPA
Process and Environmental Document section of this notice.
By this notice, the Commission requests public comments on the
scope of issues to address in the environmental document. To ensure
that your comments are timely and properly recorded, please submit your
comments so that the Commission receives them in Washington, DC on or
before 5:00 p.m. Eastern Time on February 3, 2021. Comments may be
submitted in written form. Further details on how to submit comments
are provided in the Public Participation section of this notice.
Your comments should focus on the potential environmental effects,
reasonable alternatives, and measures to avoid or lessen environmental
impacts. Your input will help the Commission staff determine what
issues they need to evaluate in the environmental document. Commission
staff will consider all written comments during the preparation of the
environmental document.
If you submitted comments on this project to the Commission before
the opening of this docket on July 1, 2020, you will need to file those
comments in Docket No. PF20-4-000 to ensure they are considered.
This notice is being sent to the Commission's current environmental
mailing list for this project. State and local government
representatives should notify their constituents of this planned
project and encourage them to comment on their areas of concern.
If you are a landowner receiving this notice, a pipeline company
representative may contact you about the acquisition of an easement to
construct, operate, and maintain the planned facilities. The company
would seek to negotiate a mutually acceptable easement agreement. You
are not required to enter into an agreement. However, if the Commission
approves the project, the Natural Gas Act conveys the right of eminent
domain to the company. Therefore, if you and the company do not reach
an easement agreement, the pipeline company could initiate condemnation
proceedings in court. In such instances, compensation would be
determined by a judge in accordance with state law. The Commission does
not subsequently grant, exercise, or oversee the exercise of that
eminent domain authority. The courts have exclusive authority to handle
eminent domain cases; the Commission has no jurisdiction over these
matters.
A fact sheet prepared by the FERC entitled ``An Interstate Natural
Gas
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Facility On My Land? What Do I Need To Know?'' addresses typically
asked questions, including the use of eminent domain and how to
participate in the Commission's proceedings. This fact sheet along with
other landowner topics of interest are available for viewing on the
FERC website (www.ferc.gov) under the links to Natural Gas Questions or
Landowner Topics.
Public Participation
There are three methods you can use to submit your written comments
to the Commission. Please carefully follow these instructions so that
your comments are properly recorded. The Commission encourages
electronic filing of comments and has staff available to assist you at
(866) 208-3676 or FercOnlineSupport@ferc.gov.
(1) You can file your comments electronically using the eComment
feature, which is located on the Commission's website (www.ferc.gov)
under the link to FERC Online. Using eComment is an easy method for
submitting brief, text-only comments on a project;
(2) You can file your comments electronically by using the eFiling
feature, which is located on the Commission's website (www.ferc.gov)
under the link to FERC Online. With eFiling, you can provide comments
in a variety of formats by attaching them as a file with your
submission. New eFiling users must first create an account by clicking
on ``eRegister.'' You will be asked to select the type of filing you
are making; a comment on a particular project is considered a ``Comment
on a Filing''; or
(3) You can file a paper copy of your comments by mailing them to
the Commission. Be sure to reference the project docket number (PF20-4-
000) on your letter. Submissions sent via the U.S. Postal Service must
be addressed to: Kimberly D. Bose, Secretary, Federal Energy Regulatory
Commission, 888 First Street NE, Room 1A, Washington, DC 20426.
Submissions sent via any other carrier must be addressed to: Kimberly
D. Bose, Secretary, Federal Energy Regulatory Commission, 12225 Wilkins
Avenue, Rockville, MD 20852.
Additionally, the Commission offers a free service called
eSubscription, which makes it easy to stay informed of all issuances
and submittals regarding the dockets/projects to which you subscribe.
These instant email notifications are the fastest way to receive
notification and provide a link to the document files which can reduce
the amount of time you spend researching proceedings. Go to https://www.ferc.gov/ferc-online/overview to register for eSubscription.
Summary of the Planned Project
Kern River plans to construct and operate an approximately 35.84-
mile-long, 24-inch-diameter pipeline; a delivery meter station located
near Delta, Utah; and appurtenant facilities including a block valve,
taps, and a launcher and receiver in Millard County, Utah. The planned
Delta Lateral Project would provide about 140 million standard cubic
feet of natural gas per day to the Intermountain Power Agency's
Intermountain Power Project.
The Delta Lateral Project would consist of the following
facilities:
A 35.84-mile-long, 24-inch-diameter natural gas pipeline;
a delivery meter station;
two mainline taps with automated lateral inlet valve
assemblies;
an in-line inspection device (i.e., pig \1\) launcher and
receiver;
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\1\ A ``pig'' is a tool that the pipeline company inserts into
and pushes through the pipeline for cleaning the pipeline,
conducting internal inspections, or other purposes.
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an automated lateral block valve assembly; and
ancillary facilities.
The general location of the project facilities is shown in appendix
1.\2\
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\2\ The appendices referenced in this notice will not appear in
the Federal Register. Copies of the appendices were sent to all
those receiving this notice in the mail and are available at
www.ferc.gov using the link called ``eLibrary.'' For instructions on
connecting to eLibrary, refer to the last page of this notice. At
this time, the Commission has suspended access to the Commission's
Public Reference Room due to the proclamation declaring a National
Emergency concerning the Novel Coronavirus Disease (COVID-19),
issued by the President on March 13, 2020. For assistance, contact
FERC at [email protected] or call toll free, (886) 208-3676
or TTY (202) 502-8659.
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Land Requirements for Construction
Construction of the planned facilities would disturb about 538
acres of land for the pipeline and aboveground facilities. Following
construction, Kern River would maintain about 218 acres for permanent
operation of the project's facilities; the remaining acreage would be
restored and revert to former uses. About 50 percent of the planned
pipeline route parallels existing pipeline, utility, or road rights-of-
way.
NEPA Process and the Environmental Document
Any environmental document issued by Commission staff will discuss
impacts that could occur as a result of the construction and operation
of the planned project under the relevant general resource areas:
Geology and soils;
water resources and wetlands;
vegetation and wildlife;
threatened and endangered species;
cultural resources;
land use;
air quality and noise; and
reliability and safety.
Commission staff will also evaluate reasonable alternatives to the
planned project or portions of the project and make recommendations on
how to lessen or avoid impacts on the various resource areas. Your
comments will help Commission staff identify and focus on the issues
that might have an effect on the human environment and potentially
eliminate others from further study and discussion in the environmental
document.
Although no formal application has been filed, Commission staff
have already initiated a NEPA review under the Commission's pre-filing
process. The purpose of the pre-filing process is to encourage early
involvement of interested stakeholders and to identify and resolve
issues before the Commission receives an application. As part of the
pre-filing review, Commission staff will contact federal and state
agencies to discuss their involvement in the scoping process and the
preparation of the environmental document.
If a formal application is filed, Commission staff will then
determine whether to prepare an Environmental Assessment (EA) or an
Environmental Impact Statement (EIS). The EA or the EIS will present
Commission staff's independent analysis of the environmental issues. If
Commission staff prepares an EA, a Notice of Schedule for the
Preparation of an Environmental Assessment will be issued. The EA may
be issued for an allotted public comment period. The Commission would
consider timely comments on the EA before making its determination on
the proposed project. If Commission staff prepares an EIS, a Notice of
Intent to Prepare an EIS/Notice of Schedule will be issued after an
application is filed, which will open an additional public comment
period. Staff will then prepare a draft EIS that will be issued for
public comment. Commission staff will consider all timely comments
received during the comment period on the draft EIS, and revise the
document, as necessary, before issuing a final EIS. Any EA or draft and
final EIS will be available in electronic format in the public record
through eLibrary \3\ and the
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Commission's natural gas environmental documents web page (https://www.ferc.gov/industries-data/natural-gas/environment/environmental-documents). If eSubscribed, you will receive instant email notification
when the environmental document is issued.
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\3\ For instructions on connecting to eLibrary, refer to the
last page of this notice.
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With this notice, the Commission is asking agencies with
jurisdiction by law and/or special expertise with respect to the
environmental issues related to this project to formally cooperate in
the preparation of the environmental document.\4\ Agencies that would
like to request cooperating agency status should follow the
instructions for filing comments provided under the Public
Participation section of this notice. Currently, the U.S Department of
the Interior, Bureau of Land Management has expressed its intention to
participate as a cooperating agency in the preparation of the
environmental document to satisfy its NEPA responsibilities related to
this project.
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\4\ The Council on Environmental Quality regulations addressing
cooperating agency responsibilities are at Title 40, Code of Federal
Regulations, Part 1501.6.
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Consultation Under Section 106 of the National Historic Preservation
Act
In accordance with the Advisory Council on Historic Preservation's
implementing regulations for section 106 of the National Historic
Preservation Act, the Commission is using this notice to initiate
consultation with the applicable State Historic Preservation Office(s),
and to solicit their views and those of other government agencies,
interested Indian tribes, and the public on the project's potential
effects on historic properties.\5\ The environmental document for this
project will document our findings on the impacts on historic
properties and summarize the status of consultations under section 106.
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\5\ The Advisory Council on Historic Preservation regulations
are at Title 36, Code of Federal Regulations, Part 800. Those
regulations define historic properties as any prehistoric or
historic district, site, building, structure, or object included in
or eligible for inclusion in the National Register of Historic
Places.
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Environmental Mailing List
The environmental mailing list includes federal, state, and local
government representatives and agencies; elected officials;
environmental and public interest groups; Native American Tribes; other
interested parties; and local libraries and newspapers. This list also
includes all affected landowners (as defined in the Commission's
regulations) who are potential right-of-way grantors, whose property
may be used temporarily for project purposes, or who own homes within
certain distances of aboveground facilities, and anyone who submits
comments on the project and includes a mailing address with their
comments. Commission staff will update the environmental mailing list
as the analysis proceeds to ensure that Commission notices related to
this environmental review are sent to all individuals, organizations,
and government entities interested in and/or potentially affected by
the planned project.
If you need to make changes to your name/address, or if you would
like to remove your name from the mailing list, please return the
attached ``Mailing List Update Form'' (appendix 2).
Becoming an Intervenor
Once Kern River files its application with the Commission, you may
want to become an ``intervenor'' which is an official party to the
Commission's proceeding. Only intervenors have the right to seek
rehearing of the Commission's decision and be heard by the courts if
they choose to appeal the Commission's final ruling. An intervenor
formally participates in the proceeding by filing a request to
intervene pursuant to Rule 214 of the Commission's Rules of Practice
and Procedures (18 CFR 385.214). Motions to intervene are more fully
described at https://www.ferc.gov/resources/guides/how-to.asp. Please
note that the Commission will not accept requests for intervenor status
at this time. You must wait until the Commission receives a formal
application for the project, after which the Commission will issue a
public notice that establishes an intervention deadline.
Additional Information
Additional information about the project is available from the
Commission's Office of External Affairs, at (866) 208-FERC, or on the
FERC website (www.ferc.gov) using the eLibrary link. Click on the
eLibrary link, click on ``General Search'' and enter the docket number
in the ``Docket Number'' field. Be sure you have selected an
appropriate date range. For assistance, please contact FERC Online
Support at FercOnlineSupport@ferc.gov or toll free at (866) 208-3676,
or for TTY, contact (202) 502-8659. The eLibrary link also provides
access to the texts of all formal documents issued by the Commission,
such as orders, notices, and rulemakings.
Public sessions or site visits will be posted on the Commission's
calendar located at https://www.ferc.gov/news-events/events along with
other related information.
Dated: January 4, 2021.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2021-00129 Filed 1-7-21; 8:45 am]
BILLING CODE 6717-01-P