[Federal Register Volume 63, Number 206 (Monday, October 26, 1998)]
[Notices]
[Pages 57109-57111]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-28703]


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DEPARTMENT OF ENERGY

[Docket No. PP-192]


Notice of Intent to Prepare an Environmental Impact Statement and 
Notice of Floodplain and Wetlands Involvement; NRG Energy, Inc.

AGENCY: Department of Energy (DOE).

ACTION: Notice of Intent to Prepare an Environmental Impact Statement 
and to Conduct Public Scoping Meetings.

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SUMMARY: NRG Energy, Inc. (NRG) has applied to the Department of Energy

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(DOE) for a Presidential permit to construct a 500,000-volt 
transmission line originating at the switchyard of the Palo Verde 
Nuclear Generating Station near Phoenix, Arizona, and extending 
approximately 177 miles to the southwest, where it would cross the 
United States (U.S.) border with Mexico in the vicinity of Calexico, 
California. From the border, NRG would extend the line approximately 
2.5 miles into Mexico. DOE has determined that the issuance of the 
permit would constitute a major Federal action that may have 
significant impact upon the environment within the meaning of the 
National Environmental Policy Act of 1969 (NEPA). For this reason, DOE 
intends to prepare an environmental impact statement (EIS) to address 
reasonably foreseeable impacts from the proposed action and reasonable 
alternatives.
    The purpose of this Notice of Intent is to inform the public about 
the proposed action, announce the plans for three public scoping 
meetings in the vicinity of the proposed transmission line, invite 
public participation in the scoping process, and solicit public 
comments for consideration in establishing the scope and content of the 
EIS. Because the proposed project may involve an action in floodplains 
or wetlands, the EIS will include a floodplain and wetlands assessment 
and floodplain statement of findings in accordance with DOE regulations 
for compliance with floodplains and wetlands environmental review 
requirements (10 CFR Part 1022).

DATES: DOE invites interested agencies, organizations, and members of 
the public to submit comments or suggestions to assist in identifying 
significant environmental issues and in determining the appropriate 
scope of the EIS. The public scoping period starts with the publication 
of this Notice in the Federal Register and will continue until November 
25, 1998. Written and oral comments will be given equal weight, and DOE 
will consider all comments received or postmarked by November 25, 1998, 
in defining the scope of this EIS. Comments received or postmarked 
after that date will be considered to the extent practicable.
    Dates for the public scoping meetings are:
    1. November 16, 1998, 2:00 P.M. to 4:00 P.M., and 7:00 P.M. to 9:00 
P.M., Phoenix, Arizona.
    2. November 17, 1998, 2:00 P.M. to 4:00 P.M., and 7:00 P.M. to 9:00 
P.M., Yuma, Arizona.
    3. November 18, 1998, 4:00 P.M. to 7:00 P.M., El Centro, 
California.
    DOE will publish additional notices of the date, times, and 
location of the scoping meetings in local newspapers in advance of the 
scheduled meetings. Any necessary changes will be announced in the 
local media.
    Requests to speak at a public scoping meeting(s) should be received 
by Mrs. Ellen Russell at the address indicated below on or before 
November 12, 1998. Requests to speak may also be made at the time of 
registration for the scoping meeting(s). However, persons who submitted 
advance requests to speak will be given priority if time should become 
limited during the meeting.

ADDRESSES: Written comments or suggestions on the scope of the EIS, and 
requests to speak at the scoping meeting(s), should be addressed to: 
Mrs. Ellen Russell, Office of Fossil Energy (FE-27), U.S. Department of 
Energy, 1000 Independence Avenue, SW, Washington, DC 20585-0350; Phone 
202-586-9624, facsimile: 202-287-5736, or by electronic mail at 
Ellen.R[email protected].
    The locations of the scoping meetings are:

1. Embassy Suites Hotel, 1515 N. 44th Street, Phoenix, AZ
2. Yuma Civic & Convention Center, 1440 Desert Hills Drive, Yuma, AZ
3. Vacation Inn/Scribbles, 2015 Cottonwood Circle, El Centro, CA

FOR FURTHER INFORMATION CONTACT: For general information on the DOE 
NEPA review process, contact: Carol M. Borgstrom, Director, Office of 
NEPA Policy and Assistance (EH-42), U.S. Department of Energy, 1000 
Independence Avenue, SW, Washington, DC 20585-0119; Phone: 202-586-4600 
or leave a message at 800-472-2756; facsimile: 202-586-7031.
    For information on the proposed project or to receive a copy of the 
Draft EIS when it is issued, contact Mrs. Russell at the address above.

SUPPLEMENTARY INFORMATION:

Background and Need for Agency Action

    Executive Order 10485, as amended by Executive Order 12038, 
requires that a Presidential permit be issued by DOE before electric 
transmission facilities may be constructed, connected, operated, or 
maintained at the U.S. international border. The Executive Order 
provides that a Presidential permit may be issued after a finding that 
the proposed project is consistent with the public interest. In 
determining consistency with the public interest, DOE considers the 
impact of the project on the reliability of the U.S. electric power 
system and on the environment. The regulations implementing the 
Executive Order have been codified at 10 CFR 205.320-205.329. Issuance 
of the permit indicates that there is no Federal objection to the 
project, but does not mandate that the project be completed.
    On August 17, 1998, NRG, an independent power producer and wholly-
owned subsidiary of Northern States Power Company, filed an application 
for a Presidential permit with the Office of Fossil Energy of DOE. NRG 
proposes to construct approximately 177 miles of 500,000-volt 
transmission line from the switchyard adjacent to the Palo Verde 
Nuclear Generating Station, located 30 miles west of Phoenix, Arizona, 
to the U.S.-Mexico border in the vicinity of Calexico, California. 
South of the border, NRG would construct an additional 2.5 miles of 
transmission line to the Cetys Substation, located east of Mexicali, 
Mexico, and owned by the Comision Federal de Electricidad (CFE), the 
national electric utility of Mexico.
    The transmission line proposed by NRG would be designed and 
constructed with a nominal capacity of 1000 megawatts of electrical 
power but would be restricted to a 600-megawatt capacity under certain 
conditions. All but 2.5 miles of the U.S. portion of the proposed 
transmission line is expected to be located within an existing utility 
corridor designated by the Bureau of Land Management. However, the 
applicant would need to obtain approximately 4,300 acres of additional 
right-of-way from public and private landowners.
    The route proposed by NRG would parallel the existing Southwest 
Powerlink 500,000-volt transmission line beginning at the Palo Verde 
Nuclear Generating Station Switchyard. The route would continue 
southwest, crossing the Gila Bend Mountains approximately one mile 
north of the Signal Mountain Wilderness Area. The route would traverse 
the Muggins Mountains on the northern boundary of the Muggins Mountains 
Wilderness Area, and 8.2 miles of the Army's Yuma Proving Grounds. The 
line would cross the Colorado River from Arizona into California and 
proceed northwest, crossing the northeast corner of the Fort Yuma-
Quechan Indian Reservation for 1.7 miles before turning southwest and 
paralleling the Bureau of Land Management-designated utility corridor 
through the Imperial Sand Dunes Recreation Area. The route would 
continue north of the northern boundary of the Indian reservation, 
about one mile south of the Pichacho Peak Wilderness

[[Page 57111]]

Area and then turn to a southeastern direction, crossing 2.1 miles of 
the northwest corner of the Fort Yuma-Quechan Indian Reservation. The 
route would then continue west between the U.S.-Mexico boundary and the 
All-American Canal. At the Hemlock Canal, the route would turn south, 
following the Hemlock Canal alignment for 2.5 miles to the border. The 
proposed route would cross approximately 25 linear miles of 100-year 
floodplains.
    Project activities would include clearing rights-of-way and access 
roads, digging tower footings, setting transmission towers, hanging 
transmission wires, and modifying existing substation(s).
    The NRG application, which can be downloaded in its entirety 
(including maps) from the Office of Fossil Energy's web site 
(www.fe.doe.gov; choose regulatory, then electricity), states that 
there are no firm contracts in place for the sale of power to Mexico 
using the proposed transmission line. Prior to commencing electricity 
exports to Mexico using the proposed line, NRG, or any other 
electricity exporter, must obtain an electricity export authorization 
from DOE pursuant to section 202(e) of the Federal Power Act.

Identification of Environmental Issues

    A purpose of this notice is to solicit comments and suggestions for 
consideration in the preparation of the EIS. As background for public 
comment, this notice contains a list of potential environmental issues 
that DOE has tentatively identified for analysis. This list is not 
intended to be all-inclusive or to imply any predetermination of 
impacts. Following is a preliminary list of issues that may be analyzed 
in the EIS:
    (1) Socioeconomic impacts of development of the land tracts and 
their subsequent uses;
    (2) Impacts to protected, threatened, endangered, or sensitive 
species of animals or plants, or their critical habitats;
    (3) Impacts to floodplains and wetlands;
    (4) Impacts to cultural or historic resources;
    (5) Impacts to human health and safety;
    (6) Impacts on air, soil, and water;
    (7) Visual impacts;
    (8) Disproportionately high and adverse impacts to minority and 
low-income populations; and
    (9) Environmental impacts within Mexico.
    The EIS will also consider alternatives to the proposed 
transmission line, including:
    (1) No Action Alternative: The EIS will analyze the impacts 
associated with ``no action.'' Since the proposed action is the 
issuance of a Presidential permit for the construction of the proposed 
transmission line, ``no action `` means that the permit would not be 
issued. However, not issuing the permit would not necessarily imply 
maintenance of the status quo. It is possible that the applicant and/or 
the Mexican government may take other actions if the proposed 
transmission line is not built. The No Action Alternative will address 
the environmental impacts that are reasonably foreseeable to occur if 
the Presidential permit is not issued, to the extent practicable;
    (2) Alternative transmission line routes;
    (3) Construction of a powerplant in the U.S. closer to the U.S.-
Mexico border with a shorter transmission line extending to the border, 
an alternative concept for supplying electric power to the target 
region.

Scoping Process

    Interested parties are invited to participate in the scoping 
process both to refine the preliminary alternatives and environmental 
issues to be analyzed in depth, and to eliminate from detailed study 
those alternatives and environmental issues that are not significant or 
pertinent. The scoping process is intended to involve all interested 
agencies (Federal, state, county, and local), public interest groups, 
Native American Tribes, businesses, and members of the public. 
Potential Federal cooperating agencies include the U.S. Department of 
the Interior (including Bureau of Land Management, Bureau of Indian 
Affairs, and the Fish and Wildlife Service) and the International 
Boundary and Water Commission.
    Public scoping meetings will be held at the locations, dates, and 
times indicated above. These scoping meetings will be informal and 
conducted as a discussion between attendees and DOE. The DOE presiding 
officer will establish only those procedures needed to ensure that 
everyone who wishes to speak has a chance to do so and that DOE 
understands all issues and comments. Speakers will be allocated 
approximately 10 minutes for their oral statements. Depending upon the 
number of persons wishing to speak, DOE may allow longer times for 
representatives of organizations. Consequently, persons wishing to 
speak on behalf of an organization should identify that organization in 
their request to speak. Persons who have not submitted a request to 
speak in advance may register to speak at the scoping meeting(s). 
However, advance requests to speak are encouraged. Should any speaker 
desire to provide for the record further information that cannot be 
presented within the designated time, such additional information may 
be submitted in writing by the date listed above in the DATES section. 
Both oral and written comments will be considered and given equal 
weight by DOE. Meetings will commence at the times specified above and 
will continue until all those present who wish to participate have had 
an opportunity to do so.

Draft EIS Schedule and Availability

    The Draft EIS is scheduled for completion by March 1999, at which 
time its availability will be announced in the Federal Register and 
public comments again will be solicited.
    Those individuals who do not wish to submit comments or suggestions 
at this time but who would like to receive a copy of the Draft EIS for 
review and comment when it is issued should notify Mrs. Russell at the 
address above.
    The Draft EIS will be made available for public inspection at 
several public libraries or reading rooms in Arizona and California. A 
notice of these locations will be provided in the Federal Register at a 
later date.

    Issued in Washington, D.C. on October 22, 1998.
Peter N. Brush,
Acting Assistant Secretary, Environment, Safety and Health.
[FR Doc. 98-28703 Filed 10-23-98; 8:45 am]
BILLING CODE 6450-01-P