[Federal Register Volume 68, Number 96 (Monday, May 19, 2003)]
[Notices]
[Pages 27052-27055]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-12438]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP03-75-000]


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

May 13, 2003.
    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 Freeport LNG Project 
involving construction and operation of facilities by Freeport LNG 
Development, L.P. (Freeport) in Texas.\1\ These facilities would 
consist of a liquefied natural gas (LNG) import terminal and storage 
facilities and 9.38 miles of 36-inch-diameter pipeline in Brazoria 
County. 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\ Freeport's application was filed with the Commission under 
Section 3(a) of the Natural Gas Act and Parts 153 and 380 of the 
Commission's regulations.
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    This notice is being sent to residences within 0.5 mile of 
Freeport'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 Freeport 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).

Summary of the Proposed Project

    Freeport proposes to build a new LNG import, storage, and 
vaporization terminal on Quintana Island, southeast of Freeport, Texas; 
and a natural gas pipeline to transfer up to 1.5 billion cubic feet per 
day of imported natural gas to the Texas market. This would help 
satisfy the demand for natural gas in the state of Texas. Freeport 
seeks authority to construct and operate the following new facilities 
at its proposed site:
    [sbull] LNG ship docking and unloading facilities with a protected 
single berth equipped with mooring and breasting dolphins, three liquid 
unloading arms, and one vapor return arm;
    [sbull] Reconfiguration of a storm protection levee and a permanent 
access road;
    [sbull] Two 26-inch-diameter (32-inch outside diameter) LNG 
transfer lines and one 16-inch-diameter vapor return line;
    [sbull] Service lines (instrument air, nitrogen, potable water, and 
firewater);
    [sbull] Two double-walled LNG storage tanks each with a usable 
volume of 1,006,000 barrels (3.5 billion cubic feet of gas equivalent);
    [sbull] Six 3,240 gallon-per-minute (gpm) in-tank pumps;
    [sbull] Seven 2,315 gpm high pressure LNG booster pumps;
    [sbull] Three boil-off gas compressors and a condensing system;
    [sbull] Six high-pressure LNG vaporizers using a primary closed 
circuit water/

[[Page 27053]]

glycol solution heated with twelve water/glycol boilers during cold 
weather and a set of intermediate heat exchangers using a secondary 
circulating water system heated by an air tower during warm weather, 
and circulation pumps for both systems;
    [sbull] Two natural gas superheaters and two fuel gas heaters;
    [sbull] Fire response system, flare, construction dock, utilities, 
buildings, and service facilities; and
    [sbull] 9.38 miles of 36-inch-diameter natural gas pipeline 
extending from the LNG import terminal to a proposed Stratton Ridge 
Meter Station. The general location of the project facilities is shown 
in appendix 1.\2\ More detailed maps of the pipeline route are also 
shown appendix 1.
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    \2\ The appendices referenced in this notice are not being 
printed in the Federal Register. Copies are available 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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    Freeport is requesting approval such that the terminal and pipeline 
are completed and placed into service in time to meet natural gas 
demand during the 2006-2007 winter heating season. Construction of the 
facilities would take about 3 years.

Land Requirements for Construction

    Construction of the proposed LNG facility would require about 45.7 
acres of land for the marine terminal, 140.4 acres for the storage and 
vaporization area, and 18.6 acres for the LNG transfer line. 
Construction of the proposed pipeline would disturb about 61.5 acres of 
land including the construction right-of-way, temporary extra 
workspaces, and the meter station. The construction right-of-way width 
for the pipeline would vary from 35 feet in wetland areas to 200 feet 
at horizontal directional drill sites.
    Freeport would maintain a 30-to 50-foot-wide permanent right-of-way 
for operation of the pipeline. Total land requirements would be 
approximately 25.6 acres for new permanent right-of-way, 3.8 acres for 
the new meter station, and 146.4 acres for the LNG facilities.

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 
\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 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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    \3\ ``We'', ``us'', and ``our'' refer to the environmental staff 
of the Office of Energy Projects (OEP).
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    The EIS 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] Hazardous waste
[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 EIS. 
Depending on the comments received during the scoping process, the EIS 
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 
EIS is published. We will consider all comments on the EIS 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 6.

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 Freeport. This preliminary 
list of issues may be changed based on your comments and our analysis.

[sbull] Geology and Soils:
    --Assessment of potential site subsidence.
    --Assessment of potentially contaminated dredged material.
    --Impact of an additional 200 ship transits per year on the ongoing 
erosion of Quintana Island.
[sbull] Water Resources:
    --Impact on groundwater and water supply wells.
    --Assessment of dredge and fill of coastal wetlands by the 
construction.
    --Assessment of the use and release of hydrostatic test water.
[sbull] Fish, Wildlife, and Vegetation:
    --Effect on essential fish habitat.
    --Effect on the Quintana Neotropical Bird Sanctuary.
    --Control of noxious weeds within the pipeline right-of-way.

[sbull] Endangered and Threatened Species:
    --Potential effect on federally listed species.

[sbull] Cultural Resources:
    --Assessment of cultural resources.
    --Impact on Quintana Cemetary.
    --Native American and tribal concerns.

[sbull] Land Use, Recreation and Special Interest Areas, and Visual 
Resources:
    --Permanent land use alteration associated with site development.
    --Impact of the proposed relocation of the Xeriscape Park.
    --Impact on residences, including the potential relocation of a 
residence.
    --Impact on recreational use of Quintana Beach County Park.
    --Impact on recreational use of Surfside Beach.
    --Evaluation of project's consistency with coastal zone management 
area guidelines.
    --Visual impacts associated with new LNG storage tanks.
[sbull] Socioeconomics:
    --Impact of traffic from 300 construction workers and 17,800 round 
trips of truck traffic delivering fill material on project site area.
    --Effects of 200 LNG ship transits per year on existing ship 
traffic in the Port of Freeport.
    --Effects of construction workforce demands on public services and 
housing.

[sbull] Air Quality and Noise:
    --Effects on local air quality and noise environment from 
construction and operation of the proposed facilities.

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    --Effects of emissions from 200 additional LNG ships on air 
quality.

[sbull] Reliability and Safety:
    --Assessment of hazards associated with the transport, unloading, 
storage, and vaporization of LNG.
    --Assessment of potential allision of LNG ships with ships.
    --Assessment of potential collisions of LNG ships with other ship 
traffic and structures in the port.
    --Assessment of security associated with LNG ship traffic and an 
LNG import terminal.
    --Assessment of hazards associated with a natural gas pipeline.
[sbull] Alternatives:
    --Assessment of the use of existing LNG import terminals and 
natural gas pipeline systems to reduce or avoid environmental impacts.
    --Evaluation of alternative sites for the LNG import and storage 
facilities, including offshore sites.
    --Evaluation of pipeline route alternatives.
    --Identification of measures to lessen or avoid impacts on the 
various resource and special interest areas.

[sbull] Cumulative Impacts:
    --Assessment of the effect of the proposed project when combined 
with other past, present or reasonably foreseeable future actions in 
the Port of Freeport.

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 Gas 
Branch 2.
    [sbull] Reference Docket No. CP03-75-000.
    [sbull] Mail your comments so that they will be received in 
Washington, DC on or before June 16, 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.''
    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 4). If you do not return this form or send in written 
comments, you will be taken off the mailing list.

Public Scoping Meeting 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 area. 
The location and time for this meeting is listed below:

June 3, 2003
7 p.m.
Lake Jackson Civic Center, 333 Highway 332 East, Lake Jackson, Texas 
77566, Telephone: 979-415-2600

    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 after 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 
Quintana Town Hall on Quintana Island, near the proposed LNG terminal 
site at 8:30 a.m. on June 4, 2003. The meeting place is near the 
intersection of Lamar and 8th Streets on Quintana Island. Participants 
must provide their own transportation. For additional information, 
please contact the Commission's Office of External Affairs at (202) 
502-8004.

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).\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.

    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 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 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.

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    In addition, the Commission now offers a free service called 
eSubscription which allows you too keep track of all formal issuances 
and submittals in specific dockets. This can reduce the amount of time 
you spend researching proceedings by automatically providing you with 
notification of these filings, document summaries, and direct links to 
the documents. Go to http://www.ferc.gov/esubscribenow.htm.

Magalie R. Salas,
Secretary.
[FR Doc. 03-12438 Filed 5-16-03; 8:45 am]
BILLING CODE 6717-01-P