[Federal Register Volume 64, Number 79 (Monday, April 26, 1999)]
[Notices]
[Pages 20290-20291]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-10336]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission
[Docket No. CP99-191-000]


Northern Natural Gas Company; Notice of Intent To Prepare an 
Environmental Assessment for the Proposed Elk River Loop '99 Project 
and Request for Comments on Environmental Issues

April 13, 1999.
    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 Elk River Loop '99 Project 
involving the construction and operation of facilities by Northern 
Natural Gas Company (Northern) in Anoka and Sherburne Counties, 
Minnesota.\1\ These facilities would consist of about 15 miles of 16-
inch-diameter pipeline loop. 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. The application and other 
supplemental filings in this docket are available for viewing on the 
FERC Internet website (www.ferc.fed.us). Click on the ``RIMS'' link, 
select ``Docket #'' from the RIMS Menu, and follow the instructions.
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    \1\ Northern's application was filed with the Commission under 
Section 157.208(b) of the Natural Gas Act, but was protested by the 
Commission's staff and others, and will convert to a Section 7(c) 
filing on April 26, 1999.
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    Similarly, the ``CIPS'' link on the FERC Internet website provides 
access to the texts of formal documents issued by the Commission, such 
as orders, notices, and rulemakings. From the FERC Internet website, 
click on the ``CIPS'' link, select ``Docket #'' from the CIPS menu, and 
follow the instructions.
    If you are a landowner receiving this notice, you may be contacted 
by a pipeline company representative about the acquisition of an 
easement to construct, operate, and maintain the proposed facilities. 
The pipeline company 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 pipeline 
company could initiate condemnation proceedings in accordance with 
state law. A fact sheet addressing a number of typically asked 
questions, including the use of eminent domain, is attached to this 
notice as appendix 1.\2\
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    \2\ The appendices referenced in this notice are not being 
printed in the Federal Register. Copies are available from the 
Commission's Public Reference and Files Maintenance Branch, 888 
First Street, NE, Washington, DC 20426, or call (202) 208-1371. 
Copies of the appendices were sent to all those receiving this 
notice in the mail.
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Summary of the Proposed Project

    Northern wants to construct and operate 15 miles of 16-inch-
diameter pipeline and appurtenances, to loop the Elk River Branch in 
Anoka and Sherburne Counties, Minnesota. Northern states that the 
facilities would allow it to meet third through fifth year Peak Day 
2000 firm obligations to Minnegasco, a Division of NorAm Energy 
Corporation, and to Northern States Power Company--Minnesota.
    The location of the project facilities is shown in appendix 2.

Land Requirements for Construction

    Construction of the proposed facilities would require about 192.5 
acres of land including 132.4 acres of existing permanent right-of-way 
(ROW), and 60.1 acres of temporary construction ROW for extra work 
spaces and storage yards. The new 16-inch pipeline would typically be 
offset 20 feet from the existing 6-inch to 8-inch-diameter Elk River 
Branchline. Northern states that it has existing multiple-line rights 
with defined and blanket easements for greater than 99 percent of the 
proposed route, but it would need to acquire new ROW for the loop where 
it currently has only a single pipeline easement, and/or in areas where 
it needs temporary extra workspace outside of the existing ROW. 
Northern proposes to use a 75-foot-wide construction ROW measured from 
the centerline of its Elk River Branchline on either the north or south 
side, depending on the location along the route. Extra workspaces would 
also be used that typically range from 25 by 100 feet to 225 by 300 
feet along the ROW. Most of the extra workspaces are located near road 
and stream crossings.

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 
to discover and address concerns the public may have about proposals. 
We call this ``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.
    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
     Water resources, fisheries, and wetlands
     Vegetation and wildlife
     Public safety
     Land use
     Cultural resources
     Endangered and threatened species
    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

[[Page 20291]]

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.
    To ensure your comments are considered, please carefully follow the 
instructions in the public participation section beginning on page 4 of 
this notice.

Currently Identified Environmental Issues

    We have already identified the following issues that we think 
deserve attention based on a preliminary review of the proposed 
facilities and the environmental information provided by Northern. This 
preliminary list of issues may be changed based on your comments and 
our analysis.
     Thirty-nine wetlands would be crossed by the project 
route, with 26.2 acres of potential wetland impacts.
     Seventy residences in the project area would be within 50 
feet of the construction ROW.
     One hundred and twelve drinking water supply wells would 
be within 150 feet of the construction ROW.
     About 9.8 miles of prime farmland soils would be crossed 
by the project route.
     Alternative route(s) may be available to mitigate impact 
on sensitive areas.

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:
     Sent two copies of your letter to: David P. Boergers, 
Secretary, Federal Energy Regulatory Commission, 888 First St., NE., 
Room 1A, Washington, DC 20426;
     Label one copy of the comments for the attention of the 
Environmental Review and Compliance Branch, PR-11.2;
     Reference Docket No. CP99-191-000; and
     Mail your comments so that they will be received in 
Washington, DC on or before May 14, 1999.

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 3). Only intervenors have the 
right to seek rehearing of the Commission's decision. You do not need 
intervenor status to have your environmental comments considered.
    Additional information about the proposed project is available from 
Mr. Paul McKee of the Commission's Office of External Affairs at (202) 
208-1088 or on the FERC website (www.ferc.fed.us) using the ``RIMS'' 
link to information in this docket number. For assistance with access 
to RIMS, the RIMS help line can be reached at (202) 208-2222. Access to 
the texts of formal documents issued by the Commission with regard to 
this docket, such as orders and notices, is also available on the FERC 
website using the ``CHIP'' link. FOr assistance with access to CIPS, 
the CIPS help line can be reached at (202) 208-2474.
Linwood A. Watson, Jr.,
Acting Secretary.
[FR Doc. 99-10336 Filed 4-23-99; 8:45 am]
BILLING CODE 6717-01-M