[Federal Register Volume 66, Number 55 (Wednesday, March 21, 2001)]
[Notices]
[Pages 15852-15854]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-6956]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP01-79-00]


ANR Pipeline Company; Notice of Intent To Prepare an 
Environmental Assessment for the Proposed Badger Pipeline Project and 
Request for Comments on Environmental Issues

March 15, 2001.
    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 Badger Pipeline Project 
involving construction and operation of facilities by ANR Pipeline 
Company (ANR) in Racine and Kenosha Counties, Wisconsin.\1\ These 
facilities consist of about 22.3 miles of 20-inch-diameter pipeline, 
valves, a meter station, crossover piping, and pig trap launcher/
receiver assemblies. 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.
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    \1\ ANR's application was filed with the Commission on February 
1, 2001, 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 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 ANR 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 website (www.ferc.fed.us).

Summary of the Proposed Project

    ANR is proposing the Badger Pipeline Project to provide 210,000 
Mcfd of gas to Badger Generating Company, LLC's (Badger) proposed 1,050 
megawatt gas-fired power plant to be constructed in the Village of 
Pleasant Prairie in Kenosha County, Wisconsin. To serve Badger's needs, 
ANR proposes to construct the following new facilities:
     about 12.8 miles of 20-inch-diameter pipeline loop \2\ 
along ANR's existing 10- and 12-inch-diameter Racine Laterals between 
Mainline Valve No. 8 (milepost (MP) 0.0) in Burlington Township, Racine 
County and the existing Somers Meter Station (MP 12.8) in Paris 
township, Kenosha County;
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    \2\ 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.
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     about 9.5 miles of 20-inch-diameter pipeline lateral \3\ 
would be located adjacent to existing rights-of-way (gas pipelines, a 
345 kV electric transmission line, and the Chicago, Milwaukee, St. Paul 
and Pacific Railroad) between the Somers Meter Station (MP 12.8) and 
the proposed Badger Plant (MP 22.3) in Pleasant Prairie Township, 
Kenosha County; and
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    \3\ A lateral is a pipeline which branches away from the central 
or primary part of the pipeline system.
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     aboveground facilities consisting of a pig trap/launcher 
assembly at the tie-in of the proposed pipeline (MP 0.0); a mainline 
valve and crossover piping at the existing Somers Meter Station (MP 
12.8); and a meter station, valve, and pig trap/receiver assembly to be 
located at the proposed Badger Plan site (MP 22.3).
    The general location of ANR's proposed facilities is shown on the 
map attached as appendix 1.\4\
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    \4\ The appendices referenced in this notice are not being 
printed in the Federal Register. Copies are available on the 
Commission's website at the ``RIM'' link or from the Commission's 
Public Reference and Files Maintenance Branch, 888 First Street, NE, 
Room 2A, Washington, DC 20426, or call (202) 208-1371. For 
instructions on connecting to RIMS refer to the last page of this 
notice. Copies of the appendices were sent to all those receiving 
this notice in the mail.
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Land Requirements for Construction

    Construction of ANR's proposed pipeline loop and lateral would 
require about 212.5 acres of land. ANR proposes to use a 75-foot wide 
construction right-of-way, and retain a 50-foot wide permanent pipeline 
right-of-way. Total land requirements for the permanent

[[Page 15853]]

right-of-way would be about 135.2 acres. Construction of the proposed 
aboveground facilities would affect about 1.9 acres of land and 
permanent operation of these facilities would require about 1.2 acres 
of land. All temporary work space would be allowed to revert to its 
original land use. Twelve existing private roads are proposed for 
access to the proposed pipeline corridor during the construction of the 
pipeline loop and lateral. Two existing commercial/industrial facility 
sites, one about 8 acres in size and the other about 10 acres in size, 
have been identified for use as contractor staging yards during 
construction.

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 and wetlands
 vegetation and wildlife
 threatened and endangered species
 cultural resources
 land use
 reliability and safety
    We will 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 beginning on page 5.

Currently Identified Environmental Issues

    We have already identified several issues that we think deserve 
attention based on a preliminary view of the proposed facilities and 
the environmental information provided by ANR. This preliminary list of 
issues may be changed based on your comments and our analysis.
     Water Resources and Wetlands
--Crossing 7 perennial and 5 intermittent streams.
--Crossing 18 wetlands, including 0.5 acre of forested wetland.
     Vegetation
--About 2.3 acres of upland forest to be cleared.
--Potential impact on Federal- and State-listed endangered eastern 
prairie fringed orchid.
     Cultural Resources
--One site may be eligible for the National Register of Historic 
Places.
--Potential impacts to 19 Native American and one 19th century Euro-
American sites.
     Soils  About 19.2 miles of the pipeline right-of-way have 
soils with a high potential for compaction.  Crossing about 15.4 miles 
of prime farmland.
     Land Use
-- Impact on residential areas (7 residences within 50 feet of the 
construction work area for the proposed pipeline loop and 13 residences 
within 50 feet of the construction work area for the proposed pipeline 
lateral).
-- Crossing two recreational areas, a golf course, and a correctional 
facility.

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 you 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: David 
P. Boergers, Secretary, Federal Energy Regulatory Commission, 888 First 
St., N.E., Room 1A, Washington, DC 20426;
     Label one copy of the comments for the attention of Gas 1, 
PJ-11.1;
     Reference Docket No. CP01-79-000; and
     Mail your comments so that they will be received in 
Washington, DC on or before April 16, 2001.
    Comments, protests and interventions may also be filed 
electronically via the Internet in lieu of paper. See 18 CFR 
385.2001(a)(1)(iii) and the instructions on the Commission's web site 
at http://www.ferc.fed.us/efi/doorbell.htm under the link to the User's 
Guide. Before you can file electronically you will need to create an 
account which can be created by clicking on ``Login to File'' and then 
``New User Account.''
    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 3). If you do not return the Information Request, you will be 
removed from the environmental 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). Only intervenors have the 
right to seek rehearing of the Commission's decision.
    Affected landowners and parties with environmental concerns may be 
granted intervenor status 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.
    Additional information about the proposed project is available from 
the Commission's Office of External Affairs at (202) 208-1088 or on the 
FERC

[[Page 15854]]

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. 01-6956 Filed 3-20-01; 8:45 am]
BILLING CODE 6717-01-M