[Federal Register Volume 64, Number 184 (Thursday, September 23, 1999)]
[Notices]
[Pages 51537-51538]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-24804]


-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission
[Docket No. CP99-599-000]


Paiute Pipeline Company; Notice of Intent To Prepare an 
Environmental Assessment for the Proposed Carson Lateral Project, 
Request for Comments on Environmental Issues, and Notice of Site Visit

September 17, 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 Carson Lateral Project, 
involving the abandonment, construction, and operation of facilities by 
Paiute Pipeline Company (Paiute) in Storey, Lyon, and Douglas Counties, 
Nevada.\1\ The facilities proposed for construction would consist of a 
total of about 9.7 miles of various diameter pipeline. The 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\ Paiute's application was filed with the Commission on August 
11, 1999, 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 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\
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

Summary of the Proposed Project

    Paiute wants to increase system reliability by replacing a 
deteriorating segment of pipeline along its Carson Lateral, and to 
expand the capacity of its facilities by looping \3\ portions of its 
Carson Lateral and South Tahoe Lateral. The project would allow Paiute 
to transport an additional 10,800 decatherms per day of natural gas to 
meet future growth demands of its shippers. Paiute seeks authority to:
---------------------------------------------------------------------------

    \3\ A loop is a segment of pipeline that is installed adjacent 
to an existing pipeline and connected to it on both ends. The loop 
allows more gas to be moved through the pipeline system.
---------------------------------------------------------------------------

     Abandon in place 5.5 miles of existing 10.75-inch-diameter 
pipeline between milepost (MP) 31.85 and MP 37.34 on its Carson Lateral 
in Lyon County, Nevada;
     construct and operate 5.5 miles of 20-inch-diameter 
replacement pipeline between MP 31.85 and MP 37.34 on its Carson 
Lateral, adjacent to U.S. Highway 50, in Lyon County, Nevada (Highway 
50 Replacement);
     construct and operate 2.3 miles of 20-inch-diameter loop 
between MP 2.95 and MP 5.25 on its Carson Lateral near Fernley, in 
Storey and Lyon Counties, Nevada (Fernley Loop); and
     construct and operate 1.9 miles of 12.75-inch-diameter 
loop between MP 14l28 and MP 16.18 on its South Tahoe Lateral, adjacent 
to U.S. Highway 395, in Douglas County, Nevada (Highway 395 Loop).
    The locations of these proposed facilities are shown in appendix 2.

Land Requirements for Construction

    Construction of the proposed facilities would require about 117.5 
acres of land. Following construction, about 61.0 acres would be 
retained as permanent right-of-way. The remaining 56.5 acres of 
temporary work space 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 
\4\ 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 (NOI), 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.
---------------------------------------------------------------------------

    \4\ ``Us,'' ``we,'' and ``our'' refer to the environment staff 
of the FERC's Office of Pipeline Regulation.
---------------------------------------------------------------------------

    State and local government representatives are encouraged to notify 
their constituents of this proposed action and encourage them to 
comment

[[Page 51538]]

on their areas of concern. Additionally, with this NOI we are asking 
Federal agencies with jurisdiction and/or special expertise with 
respect to environmental issues to cooperate with us in the preparation 
of the EA. These agencies may choose to participate in the NEPA process 
once they have evaluated Paiute's proposal relative to their agencies' 
responsibilities.
    The EA will discuss impacts that could occur as a result of the 
abandonment, construction, and operation of the proposed facilities 
under these general headings:
     Geology and soils
     Water resources, fisheries, and wetlands
     Vegetation and wildlife
     Endangered and threatened species
     Land use
     Cultural resources
     Air quality and noise
     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 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 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 Paiute. This preliminary list 
of issues may be changed based on your comments and our analysis.
     About 2 miles of land along the Highway 50 Replacement and 
Fernley Loop, combined, is administered by the U.S. Department of the 
Interior, Bureau of Land Management, most of which is open range.
     Nine residences and 11 commercial structure are within 50 
feet of the construction right-of-way along the Highway 50 Replacement.
     Fourteen wells are within 150 feet of the construction 
rights-of-way for the Highway 50 Replacement and Highway 395 Loop, 
combined.
     There is the potential for shallow groundwater and soil 
liquefaction as a result of an earthquake along the Highway 395 Loop.
     About 0.9 mile of soils along the Highway 50 Replacement 
may contain elevated levels of mercury contamination as a result of 
historic mining activities in Sixmile Canyon.

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 locations 
or 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-11.1;
     Reference Docket No. CP99-599-000; and
     Mail your comments so that they will be received in 
Washington, DC on or before October 18, 1999.
    If you do not want to send comments at this time but still want to 
remain on our mailing list, please return the Information Request 
(appendix 4). If you do not return the Information Request, you may be 
removed from the environmental mailing list.

Notice of Site Visit

    On October 21, 1999, we will be conducting a site visit to the 
project area. Anyone interested in participating in the site visit may 
contact the Commission's Office of External Affairs identified at the 
end of this NOI for more details, and must provide their own 
transportation.

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.
    The date for filing timely motions to intervene in this proceeding 
passed on September 9, 1999. Therefore, parties now seeking to file 
late interventions must show good cause, as required by 
Sec. 385.214(b)(3), why this time limitation should be waived. 
Environmental issues have been viewed as good cause for late 
intervention.
    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.
David P. Boergers,
Secretary.
[FR Doc. 99-24804 Filed 9-22-99; 8:45 am]
BILLING CODE 6717-01-M