[Federal Register: June 17, 2003 (Volume 68, Number 116)]
[Notices]
[Page 35875-35877]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17jn03-51]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket Nos. CP03-302-000CP03-303-000, CP03-304-000PF03-1-000 and CP03-
301-000]
Cheyenne Plains Gas Pipeline Company, Colorado Interstate Gas
Company; Notice of Status Change of Environmental Review and Expiration
of Scoping Period for the Proposed Cheyenne Plains Pipeline Project
June 10, 2003.
The staff of the Federal Energy Regulatory Commission (FERC or
Commission) will prepare an environmental impact statement (EIS) that
will discuss the environmental impacts of the construction and
operation of the facilities proposed in the Cheyenne Plains Gas
Pipeline Company's (CPG) project in various counties of Colorado and
Kansas.\1\ The purpose of this Notice is to give interested
stakeholders a final opportunity to submit comments on the Cheyenne
Plains Pipeline Project as we \2\ conclude the scoping period for this
project and begin writing the draft Environmental Impact Statement
(EIS).
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\1\ On May 20, 2003, in Docket No. CP03-302-000, CPG's
application was filed with the Commission under Section 7 of the
Natural Gas Act and part 157 of the Commission's regulations.
\2\ ``We,'' ``us,'' and ``our'' refer to the environmental staff
of the Office of Energy Projects.
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On March 14, 2003, the Commission issued a Notice of Pre-Filing
Environmental Review and Scoping for the Cheyenne Plains Pipeline
Project under Docket No. PF03-1-000.\3\ That notice announced that the
FERC staff was initiating its National Environmental Policy Act (NEPA)
review process on CPG's project prior to receipt of a formal
application. The purpose of the NEPA Pre-filing Process is to involve
landowners, government entities, and other interested parties early in
the project planning and to address their issues before an application
is filed with the FERC.
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\3\ The Notice of Pre-Filing Environmental Review and Scoping
for this project can be viewed on the Commission's Internet Web site
at the ``FERRIS'' link or from the Commission's Public Reference and
Files Maintenance Branch, 888 First Street, NE., Washington, DC
20426, or call (202) 502-8371. For instructions on connecting to
FERRIS refer to page 7 of this notice.
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The EIS will discuss the environmental impacts of CPG's proposal,
which involves the construction and operation of about 387 miles of
natural gas pipeline and eight meter stations in Colorado and Kansas.
Approximately 13 miles of the pipeline would be located on the Pawnee
National Grassland in Weld County, Colorado. Colorado Interstate Gas
Company (CIG) has filed a companion application that would add one new
``jumper'' compressor unit (at 2,443 horsepower) at its existing
Cheyenne Compressor Station, which CIG states is necessary to deliver
gas on the new Cheyenne Plains system.
The FERC will use the EIS in its decision-making process to
determine whether the project is in the public convenience and
necessity. The U.S. Department of Agriculture (USDA) Forest Service,
Pawnee National Grassland will use the EIS in its decision-making
process to determine whether or not to issue a Right-of-Way for
occupancy of National Grassland System lands affected by the pipeline
project. A general project location map is shown in appendix 1.\4\ \5\
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\4\ The appendices referenced in this notice are not being
printed in the Federal Register. Copies are available on the
Commission's Internet Web site at the ``FERRIS'' link or from the
Commission's Public Reference and Files Maintenance Branch (see
previous footnote). Copies of the appendices were sent to all those
receiving this notice in the mail.
\5\ Requests for detailed maps of the facilities closest to your
mailing area/property should be made to the project sponsor. Call or
e-mail: Mr. David Anderson, Manager--Land Department, El Paso
Corporation, (877) 598-5263, david.r.anderson@elpaso.com. Be as
specific as you can about the location(s) of your area(s) of
interest.
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[[Page 35876]]
Similar to the March 14, 2003 notice, this Notice is being mailed
to: Landowners whose properties are currently within a 200-foot-wide
corridor centered on the proposed route; Federal, state, and local
government agencies; elected officials; environmental and public
interest groups; Native American tribes; and local libraries and
newspapers. We encourage government representatives to notify their
constituents of this planned action and encourage them to comment on
their areas of concern.
If you are an affected landowner, you should have already been
contacted by a pipeline company representative about the acquisition of
an easement to construct, operate, and maintain the proposed
facilities. The pipeline company will seek to negotiate a mutually
acceptable easement agreement. However, if the project is certificated
by the Commission, that approval conveys with it the right of eminent
domain. At that time, if easement negotiations have failed to produce
an agreement, the pipeline company could initiate condemnation
proceedings in accordance with applicable state laws in Colorado and
Kansas.
A fact sheet prepared by the FERC entitled ``An Interstate Natural
Gas Facility On My Land? What Do I Need To Know?'' was attached to the
project notice CPG provided to affected landowners. This fact sheet
addresses a number of typically asked questions, including the use of
eminent domain and how to participate in the Commission's proceedings.
It is also available for viewing on the FERC Internet Web site (http://www.ferc.gov
).
The EIS Process
NEPA requires the Commission to take into account the environmental
impacts that could result from an action whenever it considers the
issuance of a Certificate of Public Convenience and Necessity. NEPA
also requires us to address issues and concerns the public may have
about a proposed action. This process is referred to as ``scoping.''
The main goal of the scoping process is to focus the analysis in the
EIS on the important environmental issues.
For the Cheyenne Plains Pipeline Project, the scoping process began
in February 2003 when the El Paso Corporation Western Pipelines Group/
CPG \6\ held open houses at six locations along the proposed pipeline
route to provide an opportunity for the public to learn about the
proposed facilities and ask questions and express concerns about the
project. During the same time frame, the FERC staff held agency scoping
meetings in the project area. The U.S. Department of Agriculture,
Forest Service, Pawnee National Grassland; National Park Service, Long
Distance Trails Office; U.S. Fish and Wildlife Service; U.S. Army Corps
of Engineers; Colorado and Kansas State Historic Preservation Offices;
Colorado Division of Wildlife; and Kansas Department of Wildlife and
Parks participated in these agency scoping meetings. The FERC staff
attended the open houses and agency scoping meetings to hear verbal
comments and concerns and subsequently issued the March 14, 2003 notice
requesting written comments and concerns about the project.
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\6\ The original sponsor of the Cheyenne Plains Pipeline Project
was El Paso Corporation Western Pipelines Group (El Paso). El Paso's
subsidiary, CPG, has taken over the role as project sponsor.
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By this notice, we are requesting additional comments from you.
Specifically, we are seeking new issues that were not identified during
the pre-filing period. To ensure your comments are considered, please
carefully follow the instructions in the public participation section
beginning on page 5. We are also asking governmental agencies,
including those which are participating agencies in the Commission's
NEPA Pre-filing Process, to express their interest in becoming
cooperating agencies for the preparation of the EIS. If you are an
agency with jurisdiction and/or special expertise with respect to
environmental issues in the project area and would like to request
cooperating agency status, please file a written request by following
the instructions for filing comments described in the public
participation section. Cooperating agencies will be given special
consideration for reviewing preliminary documents and requesting
information from the project sponsors and their contractors. To date,
only the USDA Forest Service, Pawnee National Grassland has agreed to
be a cooperating agency in the preparation of the EIS.
Our independent analysis of the project-related impacts will be
included in a draft EIS. The draft EIS will be mailed to Federal,
state, and local government agencies; elected officials; environmental
and public interest groups; Native American tribes; affected
landowners; local libraries and newspapers; other interested parties;
and the FERC's official service list for this proceeding. A 45-day
comment period will be allotted for review of the EIS. We will consider
all comments on the draft EIS and revise the document, as necessary,
before issuing a final EIS. In addition, we will consider all comments
on the final EIS before we make our recommendations to the Commission.
Currently Identified Environmental Issues
In the March 14, 2003 notice, we listed several issues that we
think deserve attention based on a preliminary review of the proposed
facilities and the environmental information. Other issues that were
raised by agencies and the public during the NEPA pre-filing process
include construction or operation impacts on:
[sbull] Actively cultivated cropland and actively used grazing
land;
[sbull] Crop irrigation systems;
[sbull] Federally listed endangered or threatened species;
[sbull] The Pawnee National Grassland;
[sbull] The Santa Fe Trail (listed on the National Register of
Historic Places);
[sbull] Unmarked graves;
[sbull] Drought-plagued vegetation that is susceptible to
wildfires; and
[sbull] Areas proposed for future use or development.
Copies of comment letters already filed with the Commission can be
examined by following the instructions for using our FERRIS link at the
end of this notice.
Public Participation
As described in the March 14, 2003 notice, you can make a
difference by providing us with your specific comments or concerns
about the project. If you provided comments to us during the pre-filing
period, you do not need to resubmit them. For those who will submit
comments for the first time, you should focus the comments on the
potential environmental effects of the proposal, alternatives to the
proposal (including alternative locations and routes), and measures to
avoid or lessen environmental impact. The more specific your comments,
the more useful they will be.
Please carefully follow these instructions to ensure that your
comments are received in time and properly recorded:
[sbull] Send an original and two copies of your letter to: Magalie
R. Salas, Secretary, Federal Energy Regulatory Commission, 888 First
St., NE., Room 1A, Washington, DC 20426;
[sbull] Reference Docket Nos. CP03-302-000 and PF03-1-000 on the
original and both copies;
[[Page 35877]]
[sbull] Label one copy of your comments for the attention of DG2E,
Gas Branch 1, (PJ-11.1, Room 62-49); and
[sbull] Mail your comments so that they will be received in
Washington, DC on or before July 10, 2003. This is also the deadline
for receipt of comments from the March 14, 2003 notice.
Please note that we are continuing to experience delays in mail
deliveries from the U.S. Postal Service. Therefore, the Commission
strongly encourages electronic filing of any comments or interventions
or protests to this proceeding. See 18 CFR 385.2001(a)(1)(iii) and the
instructions on the Commission's Internet Web site at http://www.ferc.gov
under the ``e-Filing'' link and the link to the User's
Guide. Prepare your submission in the same manner as you would if
filing on paper and save it to a file on your hard drive. Before you
can file comments you will need to create an account by clicking on
``Login to File'' and then ``New User Account.'' You will be asked to
select the type of filing you are making. This filing is considered a
``Comment on Filing.''
If you do not want to send comments at this time but still want to
remain on our mailing list, please return the Mailing List Retention
Form included in appendix 3. Anyone who returned a similar form in
response to the March 14, 2003 notice, does not need to return the form
again. If you did not return the form in response to either this notice
or the March 14, 2003 notice, you will be taken off the mailing list.
The transcripts from CPG's open house meetings are available for
public review in the PF-docket. Because the Commission received only a
few written comments on the project in response to the March 14 notice,
the Commission staff will not hold additional public scoping meetings
at this time. However, we will conduct public meetings in the project
area to receive comments on the draft EIS after it is issued.
Becoming an Intervenor
Also discussed in the March 14, 2003 notice is the Commission's
intervention process. As an ``intervenor'' you can play a more formal
role in the process. Among other things, intervenors have the right to
receive copies of case-related Commission documents and filings by
other intervenors. Likewise, each intervenor must provide 14 copies of
its filings to the Secretary of the Commission and must send a copy of
its filings to all other parties on the Commission's service list for
this proceeding. If you want to become an intervenor you must file a
motion to intervene according to Rule 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.214; see appendix 2).\7\ Only
intervenors have the right to seek rehearing of the Commission's
decision.
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\7\ Interventions may also be filed electronically via the
Internet in lieu of paper. See the previous discussion on filing
comments electronically.
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Affected landowners and parties with environmental concerns may be
granted intervenor status upon showing good cause by stating that they
have a clear and direct interest in this proceeding that would not be
adequately represented by any other parties. You do not need intervenor
status to have your environmental comments considered.
Availability of Additional Information
Additional information about the project is available from the
Commission's Office of External Affairs, at 1-866-208 FERC (3372) or on
the FERC Internet Web site (http://www.ferc.gov). Using the ``FERRIS''
link, select ``General Search'' from the FERRIS menu, enter the
selected date range and ``Docket Number'' (i.e.,. PF03-1-000 and CP03-
302-000), and follow the instructions. Searches may also be done using
the phrase ``Cheyenne Plains'' in the ``Text Search'' field. For
assistance with access to FERRIS, the helpline can be reached at 1-866-
208-3676, TTY (202) 502-8659, or at FERCOnlineSupport@ferc.gov. The
FERRIS link on the FERC Internet Web site also provides access to the
texts of formal documents issued by the Commission, such as orders,
notices, and rule makings.
In addition, the Commission now offers a free service called
eSubscription that allows you to keep track of all formal issuances and
submittals in specific dockets. This can reduce the amount of time you
spend researching proceedings by automatically providing you with
notification of these filings, document summaries, and direct links to
the documents. To register for this service, go to http://www.ferc.gov/esubscribenow.htm
.
Magalie R. Salas,
Secretary.
[FR Doc. 03-15170 Filed 6-16-03; 8:45 am]
BILLING CODE 6717-01-P