[Federal Register Volume 67, Number 140 (Monday, July 22, 2002)]
[Notices]
[Pages 47791-47793]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-18380]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP02-374-000]


Hackberry LNG Terminal, L.L.C.; Notice of Intent To Prepare an 
Environmental Impact Statement for the Proposed Hackberry LNG Terminal 
Project, Request for Comments on Environmental Issues, and Notice of 
Public Scoping Meeting and Site Visit

July 16, 2002.
    The staff of the Federal Energy Regulatory Commission (FERC or 
Commission) will prepare an environmental impact statement (EIS) that 
will discuss the environmental impacts of Hackberry LNG Terminal 
L.L.C.'s (Hackberry) proposed Hackberry LNG Terminal Project in 
Louisiana.\1\ These proposed facilities would consist of liquefied 
natural gas (LNG) import terminal and storage facilities in Cameron 
Parish and 35.4 miles of 36-inch-diameter pipeline in Cameron, 
Calcasieu, and Beauregard Parishes, Louisiana. This EIS 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\ Hackberry's application was filed with the Commission under 
Sections 3(a) and 7(c) of the Natural Gas Act and Parts 157 and 284 
of the Commission's regulations.
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    This notice is being sent to residences within 0.5 mile of 
Hackberry's proposed LNG facilities and to landowners along the 
proposed pipeline route. 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 Hackberry 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 (http://www.ferc.gov).

Summary of the Proposed Project

    Hackberry proposes to build a new LNG import, storage, and 
vaporization terminal approximately 2.3 miles north of Hackberry, 
Louisiana; and a natural gas pipeline to transport approximately 1.5 
billion cubic feet per day of imported natural gas to the United States 
market. The natural gas would primarily supply new power generation 
markets. Hackberry seeks authorization to construct and operate the 
following new facilities at its proposed site:
     LNG ship docking and unloading facilities with two berths, 
each equipped with mooring and breasting dolphins, three liquid 
unloading arms, and one vapor return arm;
     three double-walled LNG storage tanks each with a usable 
volume of 1,006,000 barrels (3.5 billion cubic feet of gas equivalent);
     nine 250 million standard cubic feet per day (MMscf/d) in-
tank pumps;
     ten 188 MMscf/d second-stage pumps;
     twelve 150 MMscf/d submerged combustion vaporizers;
     a boil-off gas compressor and condensing system;
     an LNG circulation system to maintain the facilities at 
the appropriate temperature when LNG ships are not being unloaded;
     a natural gas liquids recovery unit;
     utilities, buildings, and service facilities; and
     35.4 miles of 36-inch-diameter natural gas pipeline 
extending from the LNG import terminal in Cameron Parish north through 
Calcasieu Parish to a connection with the existing Transcontinental Gas 
Pipe Line compressor station site in Beauregard Parish.
    As part of the proposed project, Hackberry plans to remove the 
existing liquefied petroleum gas facilities and associated dock at the 
proposed site. The general location of the project facilities is shown 
in 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 on the 
Commission's website (http://www.ferc.gov) at the ``RIMS'' link or 
from the Commission's Public Reference and Files Maintenance Branch, 
888 First Street, NE., 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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    Hackberry is requesting approval to begin construction of the LNG 
facilities in October 2003 and the pipeline in April 2006. The 
approximate duration of construction of the LNG facilities would be 3 
years, while pipeline construction would take 6 months. Hackberry 
proposes to place the project in service by November 2006.

[[Page 47792]]

Land Requirements for Construction

    Construction of the LNG terminal would require about 153 acres for 
the docking and LNG terminal facilities. Construction of the proposed 
pipeline facilities would disturb about 446 acres of land including the 
construction right-of-way, temporary extra workspaces, and contractor/
pipe yards. Additional temporary work areas would include the use of 
36.1 miles of primarily existing access roads along the proposed 
pipeline route. Approximately 6.1 miles of these access roads would 
require some improvements, resulting in the disturbance of 36.7 acres. 
The nominal construction right-of-way for the pipeline would be 100 
feet wide. Additional right-of-way width and temporary extra workspace 
would be required at road and waterbody crossings and areas requiring 
topsoil segregation or special construction techniques.
    Hackberry would maintain a 50-foot-wide permanent right-of-way for 
operation of the pipeline. Total land requirements would be 
approximately 199 acres for the new permanent right-of-way and 101 
acres for the LNG facilities. Aboveground facilities associated with 
the pipeline, including mainline block valves, pig launchers and 
receivers, would be located within the new permanent right-of-way.\3\
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    \3\ A pig is an internal tool used to clean, dry, or internally 
inspect a pipeline for potential leaks.
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The EIS 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.\4\ This process is referred to as ``scoping''. The main goal 
of the scoping process is to focus the analysis in the EIS on the 
important environmental issues and reasonable alternatives. By this 
Notice of Intent, we are requesting agency and public comments on the 
scope of the issues to be analyzed and presented in the EIS. All 
comments received are considered during the preparation of the EIS. 
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.
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    \4\ ``We'', ``us'', and ``our'' refer to the environmental staff 
of the Office of Energy Projects (OEP).
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    Our independent analysis of the issues will be in the Draft EIS. 
The Draft EIS will be 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. We will consider all comments on the Draft EIS and 
revise the document, as necessary, before issuing a Final EIS. The 
Final EIS will include our response to all comments received. To ensure 
your comments are considered, please carefully follow the instructions 
in the public participation section beginning on page 6.

Currently Identified Environmental Issues

    The EIS will discuss impacts that could occur as a result of the 
construction and operation of the proposed project. We have already 
identified a number of environmental issues and alternatives that we 
think deserve attention based on a preliminary review of the proposed 
facilities, and the environmental information provided by Hackberry. 
This preliminary list of issues and alternatives may be changed based 
on your comments and our additional analysis.
 Geology and Soils:
    --Assessment of potential geological hazards, including subsidence.
    --Assessment of potentially contaminated dredge material.
    --Impact on mineral and petroleum resources.
    --Erosion and sedimentation control.
    --Right-of-way restoration.
 Water Resources:
    --Impact on groundwater and surface water supplies.
    --Assessment of dredge and fill of coastal wetlands associated with 
construction of the proposed LNG terminal.
    --Assessment of alternatives to avoid or minimize wetland impacts.
    --Permanent impact on forested wetlands associated with 
construction and maintenance of the pipeline.
    --Impact on wetland hydrology.
    --Effect of pipeline crossings on perennial and intermittent 
streams, canals, and ditches, including possible increased turbidity 
from construction.
    --Assessment of hydrostatic test water sources and discharge 
locations.
 Fish, Wildlife, and Vegetation:
    --Effect on Essential Fish Habitat.
    --Effect on economically important marine fisheries.
    --Effect on wildlife resources and their habitat.
    --Effect on migratory birds.
    --Assessment of wildlife-related construction time window 
restrictions.
    --Control of noxious weeds within the right-of-way.
    --Assessment of measures to successfully revegetate the right-of-
way.
    --Clearing and permanent loss of forestland.
 Endangered and Threatened Species:
    --Potential effect on federally listed species.
 Cultural Resources:
    --Assessment of survey methodologies.
    --Effect on historic and prehistoric sites.
    --Native American and tribal concerns.
 Paleontological resources:
    --Effect on paleontological resources.
 Land Use, Recreation and Special Interest Areas, and Visual 
Resources:
    --Permanent land use alteration associated with site development.
    --Impacts on forest land associated with pipeline construction, 
including forested wetlands.
    --Impact on residences near the pipeline construction work area.
    --Evaluation of the project's consistency with coastal zone 
management area guidelines.
    --Visual impacts associated with the new LNG terminal and storage 
tanks.
 Socioeconomics:
    --Effects on transportation and traffic within the project area, 
including the increase of shipping traffic within the Calcasieu Ship 
Channel by approximately 210 LNG tankers per year.
    --Effects of construction workforce demands on public services and 
temporary housing.
 Air Quality and Noise:
    --Effects on local air quality and noise environment from 
construction and operation of the proposed facilities.
 Reliability and Safety:
    --Assessment of hazards associated with shipping and storage of 
LNG.
    --Assessment of hazards associated with natural gas pipelines.
 Alternatives:
    --Assessment of the use of existing natural gas systems to reduce 
or avoid environmental impacts.
    --Evaluation of alternative sites for the LNG import and storage 
facilities.
    --Evaluation of pipeline route alternatives.
    --Identification of measures to lessen or avoid impacts on the 
various resource and special interest areas.

[[Page 47793]]

 Cumulative Impact:
    --Assessment of the effect of the proposed project when combined 
with other past, present, or future actions in the same region.

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 EIS and considered by the Commission. 
You should focus on the potential environmental effects of the 
proposal, alternatives to the proposal (including alternative locations 
and 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 an original and two copies of your letter to: Magalie 
R. Salas, Secretary Federal Energy Regulatory Commission, 888 First 
St., NE., Room 1A, Washington, DC 20426.
     Label one copy of the comments for the attention of Gas 
Branch 1, PJ-11.1.
     Reference Docket No. CP02-374-000.
     Mail your comments so that they will be received in 
Washington, DC on or before August 16, 2002.
    Please note that we are continuing to experience delays in mail 
deliveries from the U.S. Postal Service. As a result, we will include 
all comments that we receive within a reasonable time frame in our 
environmental analysis of this project. However, the Commission 
encourages electronic filing of any comments or interventions or 
protests to this proceeding. See 18 CFR 385.2001(a)(1)(iii) and the 
instructions on the Commission's web site at http://www.ferc.gov under 
the ``e-Filing'' link and the link to the User's Guide. Before you can 
file comments you will need to create a free account which can be 
created by clicking on ``Login to File'' and then ``New User Account.''

Public Scoping Meetings and Site Visit

    In addition to or in lieu of sending written comments, we invite 
you to attend the public scoping meeting we will conduct in the project 
area. The location and time for this meeting is listed below: August 6, 
2002, 7:00 pm. Holiday Inn Express, 102 Mallard Street, Sulphur, 
Louisiana 70665, Telephone: 337-625-2500.
    The public scoping meeting is designed to provide state and local 
agencies, interested groups, affected landowners, and the general 
public with more detailed information and another opportunity to offer 
your comments on the proposed project. Interested groups and 
individuals are encouraged to attend the meeting and to present 
comments on the environmental issues they believe should be addressed 
in the EIS. A transcript of the meeting will be made so that your 
comments will be accurately recorded.
    On the day of the meeting, we will also be conducting a limited 
site visit to the LNG terminal site and pipeline route. Anyone 
interested in participating in the site visit should meet at the 
proposed LNG terminal site, located approximately 15 miles south of 
Sulphur, Louisiana along Louisiana State Route 27, at 8:30 AM on August 
6, 2002. The meeting place is a gravel drive on the left side of 
Louisiana State Route 27, two miles south of the Intracoastal Waterway 
bridge. Participants must provide their own transportation.

Becoming an Intervenor

    In addition to involvement in the EIS 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 CFR385.214) (see appendix 2).\5\ Only intervenors have 
the right to seek rehearing of the Commission's decision.
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    \5\ Interventions may also be filed electronically via the 
Internet in lieu of paper. See the previous discussion on filing 
comments electronically.
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    Affected landowners and parties with environmental concerns may be 
granted intervenor status upon 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.

Environmental Mailing List

    This notice is being sent to individuals, organizations, and 
government entities interested in and/or potentially affected by the 
proposed project. It is also being sent to all identified potential 
right-of-way grantors. By this notice we are also asking governmental 
agencies, especially those in appendix 3, to express their interest in 
becoming cooperating agencies for the preparation of the EIS.

Additional Information

    Additional information about the proposed project is available from 
the Commission's Office of External Affairs at 1-866-208-FERC or on the 
FERC website (http://www.ferc.gov) 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) 208-2222.

Linwood A. Watson, Jr.,
Deputy Secretary.
[FR Doc. 02-18380 Filed 7-19-02; 8:45 am]
BILLING CODE 6717-01-P