[Federal Register Volume 68, Number 116 (Tuesday, June 17, 2003)]
[Notices]
[Pages 35875-35877]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-15170]


-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. CP03-302-000CP03-303-000, CP03-304-000PF03-1-000 and CP03-
301-000]


Cheyenne Plains Gas Pipeline Company, Colorado Interstate Gas 
Company; Notice of Status Change of Environmental Review and Expiration 
of Scoping Period for the Proposed Cheyenne Plains Pipeline Project

June 10, 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 construction and 
operation of the facilities proposed in the Cheyenne Plains Gas 
Pipeline Company's (CPG) project in various counties of Colorado and 
Kansas.\1\ The purpose of this Notice is to give interested 
stakeholders a final opportunity to submit comments on the Cheyenne 
Plains Pipeline Project as we \2\ conclude the scoping period for this 
project and begin writing the draft Environmental Impact Statement 
(EIS).
---------------------------------------------------------------------------

    \1\ On May 20, 2003, in Docket No. CP03-302-000, CPG's 
application was filed with the Commission under Section 7 of the 
Natural Gas Act and part 157 of the Commission's regulations.
    \2\ ``We,'' ``us,'' and ``our'' refer to the environmental staff 
of the Office of Energy Projects.
---------------------------------------------------------------------------

    On March 14, 2003, the Commission issued a Notice of Pre-Filing 
Environmental Review and Scoping for the Cheyenne Plains Pipeline 
Project under Docket No. PF03-1-000.\3\ That notice announced that the 
FERC staff was initiating its National Environmental Policy Act (NEPA) 
review process on CPG's project prior to receipt of a formal 
application. The purpose of the NEPA Pre-filing Process is to involve 
landowners, government entities, and other interested parties early in 
the project planning and to address their issues before an application 
is filed with the FERC.
---------------------------------------------------------------------------

    \3\ The Notice of Pre-Filing Environmental Review and Scoping 
for this project can be viewed on the Commission's Internet 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 (202) 502-8371. For instructions on connecting to 
FERRIS refer to page 7 of this notice.
---------------------------------------------------------------------------

    The EIS will discuss the environmental impacts of CPG's proposal, 
which involves the construction and operation of about 387 miles of 
natural gas pipeline and eight meter stations in Colorado and Kansas. 
Approximately 13 miles of the pipeline would be located on the Pawnee 
National Grassland in Weld County, Colorado. Colorado Interstate Gas 
Company (CIG) has filed a companion application that would add one new 
``jumper'' compressor unit (at 2,443 horsepower) at its existing 
Cheyenne Compressor Station, which CIG states is necessary to deliver 
gas on the new Cheyenne Plains system.
    The FERC will use the EIS in its decision-making process to 
determine whether the project is in the public convenience and 
necessity. The U.S. Department of Agriculture (USDA) Forest Service, 
Pawnee National Grassland will use the EIS in its decision-making 
process to determine whether or not to issue a Right-of-Way for 
occupancy of National Grassland System lands affected by the pipeline 
project. A general project location map is shown in appendix 1.\4\ \5\
---------------------------------------------------------------------------

    \4\ The appendices referenced in this notice are not being 
printed in the Federal Register. Copies are available on the 
Commission's Internet Web site at the ``FERRIS'' link or from the 
Commission's Public Reference and Files Maintenance Branch (see 
previous footnote). Copies of the appendices were sent to all those 
receiving this notice in the mail.
    \5\ Requests for detailed maps of the facilities closest to your 
mailing area/property should be made to the project sponsor. Call or 
e-mail: Mr. David Anderson, Manager--Land Department, El Paso 
Corporation, (877) 598-5263, [email protected]. Be as 
specific as you can about the location(s) of your area(s) of 
interest.

---------------------------------------------------------------------------

[[Page 35876]]

    Similar to the March 14, 2003 notice, this Notice is being mailed 
to: Landowners whose properties are currently within a 200-foot-wide 
corridor centered on the proposed route; Federal, state, and local 
government agencies; elected officials; environmental and public 
interest groups; Native American tribes; and local libraries and 
newspapers. We encourage government representatives to notify their 
constituents of this planned action and encourage them to comment on 
their areas of concern.
    If you are an affected landowner, you should have already been 
contacted by a pipeline company representative about the acquisition of 
an easement to construct, operate, and maintain the proposed 
facilities. The pipeline company will seek to negotiate a mutually 
acceptable easement agreement. However, if the project is certificated 
by the Commission, that approval conveys with it the right of eminent 
domain. At that time, if easement negotiations have failed to produce 
an agreement, the pipeline company could initiate condemnation 
proceedings in accordance with applicable state laws in Colorado and 
Kansas.
    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 CPG provided to affected 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 also available for viewing on the FERC Internet Web site (http://www.ferc.gov).

The EIS Process

    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 address issues and concerns the public may have 
about a proposed action. 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.
    For the Cheyenne Plains Pipeline Project, the scoping process began 
in February 2003 when the El Paso Corporation Western Pipelines Group/
CPG \6\ held open houses at six locations along the proposed pipeline 
route to provide an opportunity for the public to learn about the 
proposed facilities and ask questions and express concerns about the 
project. During the same time frame, the FERC staff held agency scoping 
meetings in the project area. The U.S. Department of Agriculture, 
Forest Service, Pawnee National Grassland; National Park Service, Long 
Distance Trails Office; U.S. Fish and Wildlife Service; U.S. Army Corps 
of Engineers; Colorado and Kansas State Historic Preservation Offices; 
Colorado Division of Wildlife; and Kansas Department of Wildlife and 
Parks participated in these agency scoping meetings. The FERC staff 
attended the open houses and agency scoping meetings to hear verbal 
comments and concerns and subsequently issued the March 14, 2003 notice 
requesting written comments and concerns about the project.
---------------------------------------------------------------------------

    \6\ The original sponsor of the Cheyenne Plains Pipeline Project 
was El Paso Corporation Western Pipelines Group (El Paso). El Paso's 
subsidiary, CPG, has taken over the role as project sponsor.
---------------------------------------------------------------------------

    By this notice, we are requesting additional comments from you. 
Specifically, we are seeking new issues that were not identified during 
the pre-filing period. To ensure your comments are considered, please 
carefully follow the instructions in the public participation section 
beginning on page 5. We are also asking governmental agencies, 
including those which are participating agencies in the Commission's 
NEPA Pre-filing Process, to express their interest in becoming 
cooperating agencies for the preparation of the EIS. If you are an 
agency with jurisdiction and/or special expertise with respect to 
environmental issues in the project area and would like to request 
cooperating agency status, please file a written request by following 
the instructions for filing comments described in the public 
participation section. Cooperating agencies will be given special 
consideration for reviewing preliminary documents and requesting 
information from the project sponsors and their contractors. To date, 
only the USDA Forest Service, Pawnee National Grassland has agreed to 
be a cooperating agency in the preparation of the EIS.
    Our independent analysis of the project-related impacts will be 
included in a draft EIS. The draft EIS will be mailed to Federal, 
state, and local government agencies; elected officials; environmental 
and public interest groups; Native American tribes; affected 
landowners; local libraries and newspapers; other interested parties; 
and the FERC's official service list for this proceeding. A 45-day 
comment period will be allotted for review of the EIS. We will consider 
all comments on the draft EIS and revise the document, as necessary, 
before issuing a final EIS. In addition, we will consider all comments 
on the final EIS before we make our recommendations to the Commission.

Currently Identified Environmental Issues

    In the March 14, 2003 notice, we listed several issues that we 
think deserve attention based on a preliminary review of the proposed 
facilities and the environmental information. Other issues that were 
raised by agencies and the public during the NEPA pre-filing process 
include construction or operation impacts on:
    [sbull] Actively cultivated cropland and actively used grazing 
land;
    [sbull] Crop irrigation systems;
    [sbull] Federally listed endangered or threatened species;
    [sbull] The Pawnee National Grassland;
    [sbull] The Santa Fe Trail (listed on the National Register of 
Historic Places);
    [sbull] Unmarked graves;
    [sbull] Drought-plagued vegetation that is susceptible to 
wildfires; and
    [sbull] Areas proposed for future use or development.
    Copies of comment letters already filed with the Commission can be 
examined by following the instructions for using our FERRIS link at the 
end of this notice.

Public Participation

    As described in the March 14, 2003 notice, you can make a 
difference by providing us with your specific comments or concerns 
about the project. If you provided comments to us during the pre-filing 
period, you do not need to resubmit them. For those who will submit 
comments for the first time, you should focus the comments 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:
    [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] Reference Docket Nos. CP03-302-000 and PF03-1-000 on the 
original and both copies;

[[Page 35877]]

    [sbull] Label one copy of your comments for the attention of DG2E, 
Gas Branch 1, (PJ-11.1, Room 62-49); and
    [sbull] Mail your comments so that they will be received in 
Washington, DC on or before July 10, 2003. This is also the deadline 
for receipt of comments from the March 14, 2003 notice.
    Please note that we are continuing to experience delays in mail 
deliveries from the U.S. Postal Service. Therefore, 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 Internet Web site at http://www.ferc.gov under the ``e-Filing'' link and the link to the User's 
Guide. Prepare your submission in the same manner as you would if 
filing on paper and save it to a file on your hard drive. Before you 
can file comments you will need to create an account by clicking on 
``Login to File'' and then ``New User Account.'' You will be asked to 
select the type of filing you are making. This filing is considered a 
``Comment on Filing.''
    If you do not want to send comments at this time but still want to 
remain on our mailing list, please return the Mailing List Retention 
Form included in appendix 3. Anyone who returned a similar form in 
response to the March 14, 2003 notice, does not need to return the form 
again. If you did not return the form in response to either this notice 
or the March 14, 2003 notice, you will be taken off the mailing list.
    The transcripts from CPG's open house meetings are available for 
public review in the PF-docket. Because the Commission received only a 
few written comments on the project in response to the March 14 notice, 
the Commission staff will not hold additional public scoping meetings 
at this time. However, we will conduct public meetings in the project 
area to receive comments on the draft EIS after it is issued.

Becoming an Intervenor

    Also discussed in the March 14, 2003 notice is the Commission's 
intervention process. As an ``intervenor'' you can 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).\7\ Only 
intervenors have the right to seek rehearing of the Commission's 
decision.
---------------------------------------------------------------------------

    \7\ 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 that would not be 
adequately represented by any other parties. You do not need intervenor 
status to have your environmental comments considered.

Availability of Additional Information

    Additional information about the project is available from the 
Commission's Office of External Affairs, at 1-866-208 FERC (3372) or on 
the FERC Internet Web site (http://www.ferc.gov). Using the ``FERRIS'' 
link, select ``General Search'' from the FERRIS menu, enter the 
selected date range and ``Docket Number'' (i.e.,. PF03-1-000 and CP03-
302-000), and follow the instructions. Searches may also be done using 
the phrase ``Cheyenne Plains'' in the ``Text Search'' field. For 
assistance with access to FERRIS, the 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 rule makings.
    In addition, the Commission now offers a free service called 
eSubscription that allows you to 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. To register for this service, go to http://www.ferc.gov/esubscribenow.htm.

Magalie R. Salas,
Secretary.
[FR Doc. 03-15170 Filed 6-16-03; 8:45 am]
BILLING CODE 6717-01-P