[Federal Register Volume 69, Number 38 (Thursday, February 26, 2004)]
[Notices]
[Pages 8950-8952]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E4-410]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP04-37-000, CP04-44-000, CP04-45-000, and CP04-46-000]


Corpus Christi LNG, L.P. and Cheniere Corpus Christi Pipeline 
Company; Notice of Intent To Prepare an Environmental Impact Statement 
for the Proposed Cheniere Corpus Christi Lng Terminal and Pipeline 
Project, Request for Comments on Environmental Issues, and Notice of 
Public Scoping Meetings and Site Visit

February 20, 2004.
    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 Cheniere Corpus Christi 
LNG Terminal and Pipeline Project involving construction and operation 
of facilities by Corpus Christi LNG, L.P. and Cheniere Corpus Christi 
Pipeline Company (collectively referred to as Cheniere Corpus Christi) 
in San Patricio and Nueces Counties, Texas.\1\ These facilities would 
consist of a liquefied natural gas (LNG) import terminal and storage 
facilities, and 24 miles of 48-inch-diameter pipeline. 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\ On December 22, 2003, Corpus Christi LNG, L.P. filed its 
application with the Commission under Section 3(a) of the Natural 
Gas Act (NGA) and Part 153 of the Commission's regulations, and 
Cheniere Corpus Christi Pipeline Company filed its application under 
Section 7 of the NGA and Parts 157 and 284 of the Commission's 
regulations.
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    This notice is being sent to residents within 0.5 mile of the 
proposed LNG terminal; landowners along the proposed pipeline route; 
Federal, state, and local government representatives and agencies; 
environmental and public interest groups; Native American tribes; local 
libraries and newspapers; and intervenors in this proceeding. We \2\ 
request that state and local government representatives notify their 
constituents of this proposed action and encourage them to comment on 
their areas of concern.
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    \2\ ``We,'' ``us,'' and ``our'' refer to the environmental staff 
of the FERC's Office of Energy Projects (OEP).
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    If you are a landowner receiving this notice, you may be contacted 
by a company representative about the acquisition of an easement to 
construct, operate, and maintain the proposed facilities. The 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 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 Cheniere Corpus Christi 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

    Cheniere Corpus Christi proposes to import, store, and vaporize on 
average about 2,600 million cubic feet per day of LNG at its terminal 
facility on the northern shoreline of Corpus Christi Bay, east of 
Portland, Texas. The proposed pipeline, extending from the LNG terminal 
to north of Sinton, Texas, would be capable of transporting about 2,700 
million cubic feet per day of imported natural gas to markets 
throughout the United States, via interconnections with a number of 
existing interstate pipeline systems. Cheniere Corpus Christi seeks 
authority to construct and operate:
    [sbull] A new marine basin at the northwestern end of the existing 
La Qunita Channel, consisting of a dredged maneuvering area and two 
protected berths, equipped to unload up to 300 LNG ships per year, 
including three tugs and two line-handling boats;
    [sbull] Three liquid unloading arms, one vapor return arm, and two 
LNG transfer lines for each dock;
    [sbull] Three all-metal, double-walled, single containment, top 
entry LNG storage tanks, each with a nominal working volume of 
approximately 160,000 cubic meters (1,006,400 barrels equivalent), 
surrounded by earthen dikes capable of containing 110 percent of the 
gross tank volume;
    [sbull] Three in-tank LNG pumps, an LNG vaporization and send out 
system consisting of 16 high pressure LNG send out pumps, 16 high 
pressure submerged combustion LNG vaporizers, three boil-off gas 
compressors and a boil-off gas condensing system, and two vapor return 
blowers, together with LNG terminal control instrumentation and safety 
systems, and on-site natural gas metering facilities;
    [sbull] Various buildings at the LNG terminal site to house 
administrative offices, warehouse/maintenance, terminal control system, 
utilities, customs, and a gatehouse;
    [sbull] 24 miles of 48-inch-diameter natural gas pipeline;
    [sbull] Seven metering stations/delivery points, and pipeline 
interconnections with the following existing natural gas pipeline 
systems: Texas Eastern Transmission Company, Gulf South Pipeline 
Company, Channel Pipeline Company, Florida Gas Transmission Company, 
Kinder Morgan Texas Pipeline Company, Transcontinental Gas Pipeline 
Corporation, and Natural Gas Pipeline Company of America; and
    [sbull] Three mainline valves, and a pig launcher facility at the 
LNG terminal and receiver facility at the northern pipeline terminus.
    Construction of the proposed LNG terminal would also require 
construction of nonjurisdictional facilities, consisting of about 1.6 
miles of new 138 kV overhead electric power line and an electrical 
substation and about 1.6 miles of new potable water line. These 
facilities are not under jurisdiction of the Commission but they will 
be addressed in the EIS as related nonjurisdictional facilities.
    Cheniere Corpus Christi would like to have the project constructed 
and operational prior to the 2007 winter

[[Page 8951]]

heating season. The general location of the facilities is shown in 
appendix 1.\3\
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    \3\ The appendices referenced in this notice are not being 
printed in the Federal Register. Copies of all appendices, other 
than appendix 1 (maps), are available on the Commission's Web site 
at the ``eLibrary'' link or from the Commission's Public Reference, 
Room 2A or call (202) 502-8371. For instructions on connecting to 
eLibrary refer to the last page of this notice. Copies of the 
appendices were sent to all those receiving this notice in the mail. 
Requests for detailed maps of the proposed facilities should be made 
directly to the Cheniere Corpus Christi.
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Land Requirements for Construction

    Construction of the proposed LNG terminal would utilize a total of 
about 1,078 acres of land and water. On-shore, permanent operation of 
the terminal would require use of about 187 acres. About 494 acres on-
shore would be affected temporarily during construction. An additional 
316 acres on-shore would be retained for exclusion zones, but would not 
be affected by either construction or operations of the facility. Off-
shore, about 81 acres of open water would be used for construction and 
operation of the marine basin and berthing facilities. The material 
dredged during creation of the marine basin would be placed over 
existing bauxite residue beds and tailings ponds on a 385 acre area 
owned by Alcoa, Inc., on the north side of the LNG storage facility.
    Construction of the proposed pipeline would affect a total of about 
390 acres of land. A 120-foot-wide nominal construction right-of-way 
would be used, plus additional temporary extra work spaces, and the 
permanent pipeline easement would be 50-feet-wide. Operation would 
require use of about 166 acres, including about 4 acres necessary for 
aboveground facilities. At the end of construction, the remaining 224 
acres of land along the pipeline route would be restored to its 
previous condition and use.

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 the 
Commission 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 and reasonable alternatives.
    With this notice, we are soliciting input from the public and 
interested agencies to help us focus the analysis in the EIS on the 
potentially significant environmental issues related to the proposed 
action. To ensure that your scoping comments are considered, please 
carefully follow the instructions in the public participation section 
beginning on page 6.
    We are also asking Federal, state, local, and tribal agencies with 
jurisdiction and/or special expertise with respect to the environmental 
issues to formally cooperate with us in the preparation of the EIS. 
These agencies, especially the U.S. Army Corps of Engineers, U.S. Coast 
Guard, U.S. Fish and Wildlife Service, and the National Marine 
Fisheries Service, may choose to participate once they have evaluated 
the proposal relative to their responsibilities.
    Our independent analysis of the proposed project will be included 
in a draft EIS. The draft EIS will be published and mailed to Federal, 
state, and local agencies, public interest groups, interested 
individuals, affected landowners, Native American 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 timely comments on the draft EIS and 
revise the document, as necessary, before issuing the final EIS. In 
addition, we will consider all comments on the final EIS when we make 
our recommendations to the Commission.

Currently Identified Environmental Issues

    The EIS will discuss impacts that could occur as a result of the 
construction and operation of the proposed project under the general 
resource headings listed below. 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 
Cheniere Corpus Christi. This preliminary list of issues may be changed 
based on your comments and our analysis.

[sbull] Geology and Soils:
    --Assessment of dredging for the new marine basin, and use of 
dredged material to cover existing bauxite residue beds and tailings 
ponds at LNG terminal site.
    --Location of LNG storage tanks within an area used for bauxite 
storage.
    --Conversion of prime farm land for aboveground facilities 
associated with the pipeline.
[sbull] Water Resources and Wetlands:
    --Handling of storm water captured in LNG storage dikes, and water 
generated during LNG vaporization process.
    --Assessment of impacts construction and operation of the LNG 
terminal and pipeline would have on wetlands.
    --Potential impacts on surface waterbodies.
[sbull] Vegetation and Wildlife:
    --Impacts of clearing of native vegetation at the LNG terminal and 
along pipeline.
    --Assessment of impacts on state and/or Federally-listed threatened 
and endangered species at the LNG terminal and along the pipeline.
    --Assessment of impacts the creation of the LNG marine terminal may 
have on shellfish and finfish within the essential fish habitat of 
Corpus Christi Bay.
[sbull] Land Use and Recreation:
    --Evaluation of project's consistency with coastal zone management 
area guidelines.
    --Assessment of impacts on agricultural land crossed by the 
pipeline.
    --Visual impacts associated with new LNG storage tanks.
[sbull] Socioeconomics:
    --Assessment of environmental justice in location of LNG terminal 
site.
    --Assessment of impact and potential benefits of construction 
workforce on local housing, infrastructure, public services, and 
economy.
    --Assessment of impacts of LNG ship traffic on the Port of Corpus 
Christi.
[sbull] Cultural Resources:
    --Assessment of archaeological sites at the LNG terminal.
    --Native American concerns.
[sbull] Air and Noise Quality:
    --Assessment of impacts of construction and operation of the LNG 
terminal and pipeline on local air quality.
    --Assessment of noise from construction and operation of the LNG 
terminal and pipeline facilities.
[sbull] Reliability and Safety:
    --Assessment of hazards associated with the transport, unloading, 
storage, and vaporization of LNG.
    --Assessment of security associated with LNG ship traffic and an 
LNG import terminal.
[sbull] Alternatives:
    --Assessment of the use of existing LNG import terminals and 
natural gas pipeline systems to achieve project goals.
    --Evaluation of alternative sites for the LNG terminal, including 
offshore sites.
    --Evaluation of pipeline route

[[Page 8952]]

alternatives.
[sbull] Cumulative Impacts:
    --Assessment of the effect of the proposed project when combined 
with other past, present, or reasonably foreseeable future actions in 
the project area, including other proposed LNG facilities in Corpus 
Christi Bay and the proposed Port of Corpus Christi La Quinta Container 
Terminal.

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 terminal 
locations or pipeline 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 3.
    [sbull] Reference Docket Nos. CP04-37-000, et al.
    [sbull] Mail your comments so that they will be received in 
Washington, DC on or before March 26, 2004.
    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.'' 
You will be asked to select the type of filing you are making. This 
filing is considered a ``Comment on Filing.''

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 project 
area. The location and time for this meeting is listed below: 
Wednesday, March 24, 2004, 7 p.m., Portland Community Center, 2000 
Billy G. Webb Drive, Portland, Texas 78374, Telephone: (361) 777-3301.
    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.
    Also on Wednesday, March 24, 2004, starting at 1 p.m., we will be 
conducting a visit to the LNG terminal site. Anyone interested in 
participating in the site visit should meet at the lobby of the Days 
Inn, 133 U.S. Highway 181, Portland, Texas 78374. Participants must 
provide their own transportation. For additional information, please 
contact the Commission's Office of External Affairs at 1-866-208-FERC 
(3372).

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.
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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

    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 Form 
included in appendix 3. If you do not return this form or send in 
written comments, you will be taken off the mailing list.

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 eLibrary 
link. Click on the eLibrary link, click on ``General Search'' and 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 eLibrary, the eLibrary helpline can be reached at 1-
866-208-3676, TTY (202) 502-8659, or at [email protected]. The 
eLibrary 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.
    In addition, the Commission now offers a free service called 
eSubscription which 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. E4-410 Filed 2-25-04; 8:45 am]
BILLING CODE 6717-01-P