[Federal Register Volume 67, Number 199 (Tuesday, October 15, 2002)]
[Notices]
[Pages 63643-63645]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-26076]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP02-37-000]


Williston Basin Interstate Pipeline Company; Amended Notice of 
Intent To Prepare an Environmental Impact Statement for the Proposed 
Grasslands Project and Request for Comments on Environmental Issues

October 8, 2002.
    As previously noticed on February 5, 2002, and amended herein, 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 the Grasslands Project, as amended, 
involving construction, operation, and abandonment of facilities by 
Williston Basin Interstate Pipeline Company (WBI).\1\ WBI proposes to 
construct new pipeline and appurtenant facilities in Wyoming, Montana, 
and North Dakota to transport 80,000 (rather than the originally 
proposed 120,000) thousand cubic feet per day (Mcf/d) of natural gas 
from the Powder River Basin to its storage facilities in Montana and to 
the Northern Border Pipeline Company's system in North Dakota. 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\ WBI's application was filed with the Commission under 
sections 7(b) and (c) of the Natural Gas Act on November 30, 2001, 
and amended on September 27, 2002.
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    The FERC will be the lead Federal agency for the preparation of the 
EIS. The Miles City Field Office of the U.S. Department of the 
Interior's Bureau of Land Management (BLM), the Medora Ranger District 
of the U.S. Department of Agriculture's Forest Service (FS), and the 
Montana Department of Environmental Quality (MTDEQ) will be cooperating 
with us in the preparation of the EIS. Meetings with the MTDEQ, BLM, 
and FS were held January 14, 15, and 16, 2002, respectively, to discuss 
procedural and potential environmental issues for this project.\2\ 
Other Federal, state, and tribal agencies with jurisdiction and/or 
special expertise with respect to environmental issues may also request 
cooperating agency status.
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    \2\ Summaries of these meetings have been placed in the public 
file in this docket.
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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 WBI 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 (www.ferc.gov).
    This notice is being sent to landowners of property crossed by and 
adjacent to both WBI's originally proposed route and their currently 
proposed route, as filed in WBI's September 27, 2002 Amendment filing 
(the EIS will evaluate both routes); tenants and lessees on affected 
public land; Federal, state, and local agencies; elected officials; 
Indian tribes that might attach religious and cultural significance to 
historic properties in the

[[Page 63644]]

area of potential effects; environmental and public interest groups; 
and local libraries and newspapers. 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.

Summary of the Proposed Project (as Amended on September 27, 2002)

    The proposed facilities consist of about 248 miles of pipeline and 
5,329 (rather than the originally proposed 12,540) horsepower (hp) of 
compression. Additionally, WBI is seeking to abandon certain other 
pipeline facilities in Wyoming and Montana. WBI also has revised its 
construction schedule, proposing to construct the Grasslands Project in 
three phases. Specifically, WBI seeks authority to:
    [sbull] Construct approximately 219 miles of new 16-inch-diameter 
pipeline from near Belle Creek, Montana, to the proposed Manning 
Compressor Station in Dunn County, North Dakota (no change, except for 
approximately 69.5 miles of proposed route realignments);
    [sbull] Construct approximately 28 miles of 16-inch-diameter 
pipeline loop \3\ adjacent to its existing Bitter Creek supply lateral 
pipeline in Wyoming (no change, except for approximately 2.6 miles of 
proposed route realignments);
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    \3\ A loop is a segment of pipeline that is usually installed 
adjacent to an existing pipeline and connected to it at both ends. 
The loop allows more gas to be moved through the system.
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    [sbull] Increase the maximum allowable operating pressure (MAOP) on 
approximately 28 miles of its existing 8-inch-diameter Bitter Creek 
supply lateral pipeline in Wyoming from 1,203 pounds per square inch 
gauge (psig) to 1,440 psig, and abandon in place segments of existing 
pipe at three road crossings and replace them with heavier walled pipe 
(new, per amended filing);
    [sbull] Increase the MAOP on approximately 40 miles of its existing 
8-inch-diameter Recluse-Belle Creek supply lateral pipeline in Wyoming 
and Montana from 1,203 pounds per square inch gauge (psig) to 1,440 
psig, and abandon in place segments of existing pipe at eight road 
crossings and replace them with heavier walled pipe (no change);
    [sbull] Construct 4,180 hp of gas fired compression (comprised of 
two 2,090 hp compressors) at one new compressor station located in Dunn 
County, North Dakota (Manning Compressor Station), and install electric 
coolers rather than running the coolers off the horsepower produced at 
the station (previously, WBI was proposing two more additional 
compressor stations, each with 4,180 hp);
    [sbull] Install an additional transmission compressor unit (1,200 
hp) at the existing Cabin Creek Compressor Station in Fallon County, 
Montana (new, per amended filing);
    [sbull] Construct 0.9 mile of 12-inch-diameter pipeline from the 
proposed mainline to the existing Cabin Creek Compressor Station in 
Fallon County, Montana (no change, except that this line would have 
connected the previously proposed Cabin Creek South Compressor Station 
to the existing Cabin Creek Compressor Station);
    [sbull] Construct 1.0 mile of 16-inch-diameter pipeline from the 
proposed Manning Compressor Station to interconnect with Northern 
Border Pipeline Company's Compressor Station 5 in Dunn County, North 
Dakota (no change); and
    [sbull] Construct various additional facilities, including 14 
mainline valves, 4 cathodic protection units, 8 pig launchers/receivers 
(2 fewer than previously proposed), 5 metering stations (2 fewer than 
previously proposed), and 2 regulators (3 fewer than previously 
proposed).
    WBI indicates in its September 27, 2002 Amended filing that it will 
no longer be necessary to build an amine treatment facility as part of 
its proposal.
    The general location of the project facilities is shown in 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 Web site at the ``FERRIS'' link or from the 
Commission's Public Reference and Files Maintenance Branch, 888 
First Street, NE., Washington, DC 20426, or call 1-866-208-3676. 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 WBI's proposed pipeline facilities would require 
about 3,124.8 acres of land including the construction right-of-way, 
extra workspaces, and contractor/pipe yards, and access roads. WBI 
proposes to use a 100-foot-wide construction right-of-way. Following 
construction and restoration of the right-of-way and temporary work 
spaces, WBI would retain a 50-foot-wide permanent pipeline right-of-
way. Total land requirements for the permanent right-of-way would be 
about 1,526.1 acres, some of which would overlap existing rights-of-
way.
    WBI proposes to acquire 10 acres for the proposed Manning 
Compressor Station. The entire 10 acre parcel could be disturbed during 
construction and would be fenced following construction. WBI also will 
require 0.33 acre of land for the Cabin Creek tie-in in Fallon County, 
Montana.

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 
\5\ 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 EIS 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 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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    \5\ ''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 impacts that could occur as a 
result of the construction and operation of the proposed project will 
be in the Draft EIS. The Draft EIS will be mailed to Federal, state, 
and local agencies, public interest groups, affected landowners and 
other interested individuals, Indian tribes, newspapers, libraries, and 
the Commission's official service list for this proceeding. A 45-day 
comment period will be allotted for review of the Draft EIS. 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 each comment received on the Draft EIS and will be used by 
the Commission in its decision-making process to determine whether to 
approve the project.
    To ensure your comments are considered, please carefully follow the 
instructions in the public participation section beginning on page 6.

Currently Identified Environmental Issues

    We have already identified several issues that we think deserve 
attention based on a preliminary review of the environmental 
information provided by WBI and discussions with the cooperating 
agencies. This preliminary list of issues may be changed based on your 
comments and our analysis.

[[Page 63645]]

    [sbull] Geology

--Impact on mineral resources

--Paleontological concerns

    [sbull] Cultural Resources

--Impact on the proposed Custer-Sully Historic Corridor

    [sbull] Soils and Vegetation

    [sbull] Construction on steep slopes

--Noxious weeds

--Seed mixes for restoration

--Loss of riparian vegetation

    [sbull] Water Resources and Wetlands

--Use of directional drilling

--Ensuring pipe is placed below scour depth

    [sbull] Wildlife and Fisheries

--Impact on bighorn sheep habitat

--Impact on raptor nesting and roosting areas

--Impact on sage grouse habitat

    [sbull] Endangered and Threatened Species

--Impact on Federally-listed species

--Impact on FS, BLM, and state sensitive species

    [sbull] Socioeconomic Impacts
    [sbull] Public Safety
    [sbull] Cumulative Impacts

--Discussion of regional coal bed methane development

    [sbull] Air Quality and Noise

--Visibility degradation

--Compressor station emissions

--Noise from compressor stations

    [sbull] Alternative Routes and Site Locations

--Co-location with other pipelines may not be feasible in certain areas 
across Little Missouri National Grasslands

--Abandonment method for road crossings (in-place vs. removal)

    [sbull] Land Use

--Use of access roads on public land

--Impact on planned residential or commercial development

--Ensuring access across the right-of-way for cattle during 
construction

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/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:
    [sbull] 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.
    [sbull] Label one copy of the comments for the attention of OEP--
Gas 1, PJ-11.1.
    [sbull] Reference Docket No. CP02-37-000.
    [sbull] Mail your comments so that they will be received in 
Washington, DC on or before November 8, 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 an account which can be created 
by clicking on ``Login to File'' and then ``New User Account.''
    All commentors will be retained on our mailing list. If you do not 
want to send comments at this time but still want to stay informed and 
receive copies of the Draft and Final EISs, you must return the 
attached Information Request (appendix 3). Note: If you have already 
sent comments in response to the February 5, 2002 Notice, you do not 
need to send them again to be retained on the mailing list. If you do 
not send, or have not sent, comments or return the Information Request, 
you will be taken off the mailing list.

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 CFR 385.214) (see appendix 2).\6\ Only intervenors have 
the right to seek rehearing of the Commission's decision.
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    \6\ 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 to express their interest in becoming cooperating agencies for 
the preparation of the EIS.

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 (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 1-866-208-3676, TTY (202) 502-8659, or at 
[email protected]. 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. 02-26076 Filed 10-11-02; 8:45 am]
BILLING CODE 6717-01-P