[Federal Register Volume 67, Number 189 (Monday, September 30, 2002)]
[Notices]
[Pages 61334-61336]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-24691]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP02-434-000]


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

September 23, 2002.
    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 WestLeg Project involving 
construction and operation of facilities by ANR Pipeline Company (ANR) 
in McHenry County, Illinois and Walworth and Rock Counties, 
Wisconsin.\1\ These facilities would consist of about 32.8 miles of 
replacement pipeline and new pipeline loop, as described below. 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\ ANR'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 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 Web site (http://www.ferc.gov).

Summary of the Proposed Project

    The proposed facilities would provide total mainline capacity of 
220,000 dekatherms/day to meet local distribution company demand growth 
in Rock and Dane Counties, Wisconsin,

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and to serve existing customer needs in the general Janesville, 
Wisconsin area.
    ANR requests authorization to construct 26.3 miles of 30-inch-
diameter pipeline loop through McHenry County, Illinois and Walworth 
and to Rock Counties, Wisconsin. ANR also proposes to abandon by 
removal two small diameter (4 and 6 inches) lateral pipelines and 
replace them with a new 20-inch-diameter lateral. This lateral would 
extend for about 6.5 miles in Rock County.
    One new meter station would be required, adjacent to an existing 
metering facility. In addition, ANR would upgrade a second meter 
station and recalibrate a third. One new mainline valve would be 
installed and six others modified.
    The 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 Web site (http://www.ferc.gov) at the ``FERRIS'' link 
or from the Commission's Public Reference and Files Maintenance 
Branch, 888 First Street, NE; Washington, DC 20426, or call (202) 
502-8371. For instructions on connecting to FERRIS 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 the proposed facilities would require about 517 
acres of land, including construction right-of-way, temporary extra 
work spaces, pipe storage and contractor yards, and access roads. 
Following construction, about 195 acres would be used for pipeline 
operation. Because this project consists of pipeline looping, 
replacement, and meter station expansion/modification within or 
adjacent to existing right-of-way, only about 12 acres of new permanent 
right-of-way would be required.
    Over 90 percent of the land crossed by the facilities would be 
agricultural land. Other land uses that would be crossed include 
forested land and open land.

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 
\3\ to discover and address concerns the public may have about 
proposals. This process is referred to as ``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.
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    \3\ ``We,'' ``us,'' and ``our'' refer to the environmental staff 
of the Office of Energy Projects (OEP).
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    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
Cultural resources
Land use
Endangered and threatened species
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 Commissions 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 ANR. This preliminary list of 
issues may be changed based on your comments and our analysis.
    Crossings of high value surface waterbodies, including those that 
contain sensitive species.
    Permanent conversion of 0.32 acre of forested wetland to new right-
of-way.
    Crossing adjacent to or through the Alden Sedge Meadow Natural 
Area, a Wisconsin Department of Natural Resources (WDNR) public hunting 
area, and the WDNR Turtle Creek Wildlife Area (which contains federally 
and state-listed plants).
    Also, we have made a preliminary decision to not address the 
impacts of nonjurisdictional facilities. We will briefly describe their 
location and status in the EA.

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, 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.
    Reference Docket No. CP02-434-000.
    Mail your comments so that they will be received in Washington, DC 
on or before October 28, 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 
strongly 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.''

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

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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).\4\ Only intervenors have 
the right to seek rehearing of the Commission's decision.
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    \4\ 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 EA.

Additional Information

    Additional information about the project is available from the 
Commission's Office of External Affairs, at 1-866-208-FERC or on the 
FERC Internet Web site (http://www.ferc.gov) using the FERRIS link. 
Click on the FERRIS link, enter the docket number excluding the last 
three digits in the Docket Number field. Be sure you have selected an 
appropriate date range. For assistance with FERRIS, the FERRIS helpline 
can be reached at (202) 502-8222, TTY (202) 502-8659. The FERRIS link 
on the FERC Internet Web site also provides access to the texts of 
formal documents issued by the Commission, such as orders, notices, and 
rulemakings.

Linwood A. Watson, Jr.,
Deputy Secretary.
[FR Doc. 02-24691 Filed 9-27-02; 8:45 am]
BILLING CODE 6717-01-P