[Federal Register Volume 64, Number 160 (Thursday, August 19, 1999)]
[Notices]
[Pages 45250-45251]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-21492]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission
[Docket No. CP99-584-000]


Koch Gateway Pipeline Company; Notice of Intent to Prepare an 
Environmental Assessment for the Proposed Index 301-08L2 Prichard Loop 
Project and Request For Comments On Environmental Issues

August 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 construction of about 3.9 
miles of 24-inch-diameter mainline loop, proposed in the Index 301-08L2 
Prichard Loop Project.\1\ 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.
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    \1\ Koch's application was filed with the Commission under 
Section 7 of the Natural Gas Act and Part 157 of the Commission's 
regulations.
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    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, N.E., Washington, D.C. 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

    The Prichard Loop Project would be located entirely within the 
Prichard, Alabama city limits. Koch Gateway Pipeline Company (Koch) 
seeks authority to:
     Construct about 3.9 miles of 24-inch-diameter pipeline 
requiring about 31 acres of land;
     Use, as temporary workspace, about 12.4 acres of land;
     Construct a horizontal directional drill crossing of 
Chickasaw Creek;
     Use about 16 existing access roads; and
     At Whistler's Junction, replace the existing orifice meter 
with a 20-inch ultrasonic meter and install bypass and pigging 
facilities.
    The location of the project facilities is shown in appendix 2. the 
proposed loop starts at Whistler's Junction (Station No. 11+95 on the 
Index 301-08L pipeline) and ties back into the mainline at Station No. 
204+53, southwest of the Interstate 65 interchange with State Route 
158. If you are interested in obtaining procedural information, please 
write to the Secretary of the Commission.

Land Requirements for Construction

    About ninety-four percent of the proposed route of the Prichard 
Loop would occur within or adjacent to existing permanent rights-of-way 
of either Koch or the Alabama Power Company. Construction of the 
proposed facilities would require about 43.4 acres of land, including 
14.2 acres of new permanent right-of-way. About 3.6 acres of existing 
pipeline and powerline rights-of-way would be used. The remaining 25.6 
acres would be temporary construction areas (e.g., workspaces or 
construction right-of-way). All temporary construction areas would be 
allowed to revert to their 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 
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.
     Endangered and threatened species.
     Land use.
     Cultural resources.
     Public safety.
    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 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 on page 4 of this 
notice.

Currently Identified Environmental Issues

    We have already identified some issues that we think deserve 
attention based on a preliminary review of the proposed facilities and 
the environmental information provided by Koch. This preliminary list 
of issues may be changed based on your comments and our analysis.
     Four residences are located within 50 feet of the proposed 
construction right-of-way.
     The federally threatened gopher tortoise has been 
identified in the project area.
     Construction would include clearing 1.6 acres of forested 
wetlands.

Public Participation

    You can make a difference by providing us with your specific 
comments or concerns about the project. By becoming a commentor, your

[[Page 45251]]

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 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. CP99-584-000; and
     Mail your comments so that they will be received in 
Washington, DC on or before September 13, 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. Click on 
the ``RIMS'' link, select ``Docket #'' from the RIMS Menu, and follow 
the instructions. For assistance with access to RIMS, the RIMS helpline 
can be reached at (202) 208-2222.
    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. For assistance with access to CIPS, the CIPS 
helpline can be reached at (202) 208-2474.
Linwood A. Watson, Jr.,
Acting Secretary.
[FR Doc. 99-21492 Filed 8-18-99; 8:45 am]
BILLING CODE 6717-01-M