[Federal Register: December 30, 2002 (Volume 67, Number 250)]
[Notices]
[Page 79600-79601]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30de02-73]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket No. CP03-018-000]
City of Duluth, Minnesota; Notice of Intent to Prepare an
Environmental Assessment for the Proposed City of Duluth Pipeline
Project and Request for Comments on Environmental Issues
December 24, 2002.
The staff of the Federal Energy Regulatory Commission (FERC or
Commission) will prepare an environmental assessment (EA) that will
discuss the environmental impacts of the City of Duluth Pipeline
Project involving construction and operation of facilities by the City
of Duluth, Minnesota (City) in St. Louis County, Minnesota and Douglas
County, Wisconsin.\1\ These facilities would consist of about 5.3 miles
of 10-inch-diameter pipeline, check and block valves, a town border
station, and other ancillary facilities. This EA will be used by the
Commission in its decision-making process to determine whether the
project is in the public convenience and necessity.
---------------------------------------------------------------------------
\1\ The City's application was filed with the Commission under
Section 7 of the Natural Gas Act and part 157 of the Commission's
regulations.
---------------------------------------------------------------------------
If you are a landowner receiving this notice, you may be contacted
by a City representative about the acquisition of an easement to
construct, operate, and maintain the proposed facilities. The City
would seek to negotiate a mutually acceptable agreement. However, if
the project is approved by the Commission, that approval conveys with
it the right of eminent domain. Therefore, if easement negotiations
fail to produce an agreement, the City could initiate condemnation
proceedings in accordance with state law.
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 the City provided to 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 available for viewing on the FERC Internet Web site www.ferc.gov.
Summary of the Proposed Project
The purpose of the project is to expand the capacity and service,
while improving the reliability, of the City's natural gas distribution
system. The gas would enter the City's current system for distribution
to residents and businesses of the City. This project would help ensure
continued dependable natural gas service to the customers of the City.
The volume of gas delivered by the proposed facilities would be
6,000,000 cubic feet per day. The City seeks authority to construct and
operate:
--approximately 5.3 miles of 10-inch-diameter pipeline;
--a town border station, including a heater, pressure regulators,
relief valves, odorant tank, odorant injector, communication and
electronics equipment, valves, and associated piping;
--a pig launcher/receiver trap and associated valving/piping or piping
for a temporary pig launcher/receiver trap, a check valve and a block
valve; and
--a meter station.
The general location of the project facilities is shown in appendix
1.\2\ If you are interested in obtaining detailed maps of a specific
portion of the project, send in your request using the form in appendix
4.
---------------------------------------------------------------------------
\2\ The appendices referenced in this notice are not being
printed in the Federal Register. Copies are available on the
Commission's 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 the last page of this
notice. Copies of the appendices were sent to all those receiving
this notice in the mail.
---------------------------------------------------------------------------
Land Requirements for Construction
Construction of the proposed project would disturb about 44.3 acres
of land. Following construction, about 19.4 acres would be maintained
as permanent right-of-way or aboveground facilities. The remaining 24.9
acres of land would be restored and allowed to revert to its former
use.
The EA Process
The National Environmental Policy Act (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
\3\ to discover and address concerns the public may have about
proposals. This process is referred to as ``scoping''. The main goal of
the scoping process is to focus the analysis in the EA on the important
environmental issues. By this Notice of Intent, the Commission requests
public comments on the scope of the issues it will address in the EA.
All comments received are considered during the preparation of the EA.
State and local government representatives are encouraged to notify
their constituents of this proposed action and encourage them to
comment on their areas of concern.
---------------------------------------------------------------------------
\3\ ''We'', ``us'', and ``our'' refer to the environmental staff
of the Office of Energy Projects (OEP).
---------------------------------------------------------------------------
The EA will discuss impacts that could occur as a result of the
construction and operation of the proposed project under these general
headings:
--geology and soils
--land use
--water resources, fisheries, and wetlands
--cultural resources
--vegetation and wildlife
--air quality and noise
--endangered and threatened species
--hazardous waste
We will also evaluate possible alternatives to the proposed project
or portions of the project, and make recommendations on how to lessen
or avoid impacts on the various resource areas.
Our independent analysis of the issues will be in the EA. Depending
on the comments received during the scoping process, the EA may be
published and mailed to Federal, state, and local agencies, public
interest groups, interested individuals, affected landowners,
newspapers, libraries, and the Commission's official service list for
this proceeding. A comment period will be allotted for review if the EA
is published. We will consider all comments on the EA before we make
our recommendations to the Commission.
[[Page 79601]]
To ensure your comments are considered, please carefully follow the
instructions in the public participation section below.
Currently Identified Environmental Issues
We have already identified several issues that we think deserve
attention based on a preliminary review of the proposed facilities and
the environmental information provided by the City. This preliminary
list of issues may be changed based on your comments and our analysis.
--Twelve waterbodies and 35 wetlands would be crossed by the proposed
pipeline.
--Five waterbodies would be crossed using the horizontal directional
drill technique, including the St. Louis River, a tributary to the St.
Louis River, an unnamed ditch, the Little Pokegama River, and the
Pokegama River.
--Five federally listed endangered or threatened species may occur in
the proposed project area.
--Nineteen state threatened, endangered, or special concern species may
occur in the proposed project area.
Public Participation
You can make a difference by providing us with your specific
comments or concerns about the project. By becoming a commentor, your
concerns will be addressed in the EA and considered by the Commission.
You should focus on the potential environmental effects of the
proposal, alternatives to the proposal (including alternative 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:
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.
Label one copy of the comments for the attention of Gas Hydro
Branch.
Reference Docket No. CP03-018-000.
Mail your comments so that they will be received in Washington, DC
on or before January 24, 2003.
Please note that we are continuing to experience delays in mail
deliveries from the U.S. Postal Service. As a result, we will include
all comments that we receive within a reasonable time frame in our
environmental analysis of this project. However, 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 Web site at http://www.ferc.gov under
the ``e-Filing'' link and the link to the User's Guide. Before you can
file comments you will need to create a free account which can be
created by clicking on ``Login to File'' and then ``New User Account.''
We might mail the EA for comment. If you are interested in
receiving it, please return the Information Request (appendix 4). If
you do not return the Information Request, you will be taken off the
mailing list.
Becoming an Intervenor
In addition to involvement in the EA scoping process, you may want
to become an official party to the proceeding known as an
``intervenor''. Intervenors 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).\4\ Only intervenors have
the right to seek rehearing of the Commission's decision.
---------------------------------------------------------------------------
\4\ Interventions may also be filed electronically via the
Internet in lieu of paper. See the previous discussion on filing
comments electronically.
---------------------------------------------------------------------------
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 which would not be
adequately represented by any other parties. You do not need intervenor
status to have your environmental comments considered.
Environmental Mailing List
This notice is being sent to individuals, organizations, and
government entities interested in and/or potentially affected by the
proposed project. It is also being sent to all identified potential
right-of-way grantors. By this notice we are also asking governmental
agencies, especially those in appendix 3, to express their interest in
becoming cooperating agencies for the preparation of the EA.
Additional Information
Additional information about the project is available from the
Commission's Office of External Affairs, at 1-866-208-FERC or on the
FERC Internet Web site (http://www.ferc.gov)using the FERRIS link.
Click on the FERRIS link, enter the docket number excluding the last
three digits in the Docket Number field. Be sure you have selected an
appropriate date range. For assistance with FERRIS, the FERRIS 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 rulemakings.
Linwood A. Watson, Jr.,
Deputy Secretary.
[FR Doc. 02-32963 Filed 12-27-02; 8:45 am]
BILLING CODE 6717-01-P