[Federal Register Volume 68, Number 21 (Friday, January 31, 2003)]
[Notices]
[Pages 5016-5018]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-2265]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP03-31-000]


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

January 27, 2003.
    The staff of the Federal Energy Regulatory Commission (FERC or 
Commission) will prepare an environmental assessment (EA) that will 
discuss the environmental impacts of Paiute Pipeline Company's (Paiute) 
proposed Carson Lateral Replacement Project in Lyon, Douglas, Carson 
City, and Washoe Counties, Nevada.\1\ Paiute seeks to construct about 
14 miles of 20-inch-diameter pipeline; abandon about 8 miles of 
existing 10-inch-diameter pipeline; and modify 4 existing regulation 
stations. 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\ Paiute's application was filed on December 19, 2002, 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 Paiute 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, Paiute 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 Paiute 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).
    This Notice of Intent (NOI) is being sent to landowners along 
Pauite's proposed pipeline route; Federal, state, and local government 
agencies; national and local elected officials; regional environmental 
and public interest

[[Page 5017]]

groups; Indian tribes that might attach religious and cultural 
significance to historic properties in the area of potential effects; 
local libraries and newspapers; and the Commission's list of parties to 
the proceeding. Government representatives are encouraged to notify 
their constituents of this proposed action and encourage them to 
comment on their areas of concern.
    Additionally, with this NOI we \2\ are asking Federal, state, 
local, and tribal agencies with jurisdiction and/or special expertise 
with respect to environmental issues (especially those listed in 
appendix 3) to cooperate with us in the preparation of the EA. These 
agencies may choose to participate once they have evaluated Paiute's 
proposal relative to their agencies' responsibilities. Agencies which 
would like cooperating status should follow the instructions for filing 
comments described below.
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    \2\ ''We,'' ``us,'' and ``our'' refer to the environmental staff 
of the FERC's Office of Energy Projects.
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Summary of the Proposed Project

    Paiute wants to abandon and replace a deteriorating segment of 
pipeline, install a new loop \3\ at another segment along its existing 
Carson Lateral; and increase capacity at 4 existing regulation 
stations. The proposed facilities would allow Paiute to expand its 
existing natural gas transmission system capacity by 5,868 dekatherms 
per day to meet the future demands of existing shippers. Paiute seeks 
to:
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    \3\ A loop is a segment of pipeline 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] Construct and operate about 6.4 miles of new 20-inch-
diameter loop between mileposts (MP) 9.45 and 15.85 on Paiute's 
existing Carson Lateral, parallel to U.S. Highway 95A north of Silver 
Springs, in Lyon County, Nevada (Highway 95A Loop);
    [sbull] Abandon in place about 8.0 miles of 10-inch-diameter 
pipeline between MP 37.34 and MP 45.34 on the Carson Lateral in Lyon 
County, Nevada;
    [sbull] Construct and operate about 8.1 miles of 20-inch-diameter 
pipeline, to replace the pipe abandoned in place, between MP 37.34 and 
MP 45.34 on the Carson Lateral, parallel to U.S. Highway 50 near 
Dayton, in Lyon County, Nevada (Highway 50 Replacement); and
    [sbull] Replace and/or install pressure regulation facilities at 
the White Sage Pressure Limiting Station in Lyon County, Nevada; the 
Carson Pressure Limiting Station in Carson City County, Nevada; the CP 
National Corporation City Gate in Douglas County, Nevada; and the 
California Check Meter in Washoe County, Nevada.
    The general location of the proposed 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 (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 facilities would affect a total of about 203 
acres of land. Following construction, about 62 acres would be 
maintained as new easement for operation of the facilities. The 
remaining 141 acres 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 
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 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.
    The EA will discuss impacts that could occur as a result of the 
construction and operation of the proposed project under these general 
headings:
    [sbull] Geology and soils.
    [sbull] Land use.
    [sbull] Water resources, fisheries, and wetlands.
    [sbull] Cultural resources.
    [sbull] Vegetation and wildlife.
    [sbull] Air quality and noise.
    [sbull] Endangered and threatened species.
    [sbull] 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. The U.S. Department of the 
Interior, Bureau of Land Management, Carson City Field Office (BLM) is 
participating as a cooperating agency in the preparation of 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, Native American Tribes, 
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.
    [sbull] The proposed project would cross 4.02 miles of private 
land; 4.05 miles of state lands; 6.25 of federal (BLM-administered) 
lands; and 0.2 miles of county lands (Lyon County).
    [sbull] The project is located in seismic risk zone 3, and the 
pipelines would cross 4 known faults.
    [sbull] The Highway 50 Replacement would be within 0.25 mile of the 
Dayton State Park, and a proposed access road would cross through the 
northwest portion of the park.
    [sbull] Nine residences and 15 industrial/commercial structures are 
within 50 feet of the construction right-of-way; 2 of these residences 
are within 15 feet.
    [sbull] The Highway 50 Replacement would cross through the Gold 
Canyon area (MP 41.5 to 41.6), which has riparian vegetation and was 
identified as potential raptor nesting habitat.
    [sbull] The Highway 50 Replacement would cross through the Carson 
River Mercury Site, which is a National Priorities List Superfund site.
    [sbull] The Highway 50 Replacement would cross through a portion of 
the Comstock Historic District, which is listed on the National 
Register of Historic Places, and is associated with the Virginia City 
National Historic Landmark.

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

[[Page 5018]]

and considered by the Commission. You should focus on the potential 
environmental effects of the proposal, alternatives to the proposal 
(including alternative routes variations), 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 the 
Gas/Hydro Branch, PJ-11.3;
    [sbull] Reference Docket No. CP03-31-000; and
    [sbull] Mail your comments so that they will be received in 
Washington, DC on or before February 28, 2003.
    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.''
    We might mail the EA for comments. If you are interested in 
receiving it, please return the Information Request form (appendix 4). 
If you do not return the Information Request form, you will be taken 
off 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). \5\ 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 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.
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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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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 1-866-208-3676, TTY (202) 502-8659, or e-mail 
[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.

Magalie R. Salas,
Secretary.
[FR Doc. 03-2265 Filed 1-30-03; 8:45 am]
BILLING CODE 6717-01-P