[Federal Register Volume 69, Number 38 (Thursday, February 26, 2004)]
[Notices]
[Pages 8953-8955]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E4-411]



[[Page 8953]]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. CP04-47-000, CP04-38-000, CP04-39-000, and CP04-40-000]


Sabine Pass LNG, L.P., Cheniere Sabine Pass Pipeline Company; 
Notice of Intent To Prepare an Environmental Impact Statement for the 
Proposed Sabine Pass, LNG, and Pipeline Project and 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 Sabine Pass LNG and 
Pipeline Project involving construction and operation of facilities 
proposed by Sabine Pass LNG, L.P. and Cheniere Sabine Pass Pipeline 
Company (collectively referred to as Cheniere Sabine) in Cameron 
Parish, Louisiana.\1\ These facilities would consist of a liquefied 
natural gas (LNG) import terminal and storage facilities and 
approximately 16 miles of 42-inch-diameter pipeline in Cameron 
Parish.\2\ 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 January 2, 2004, the Commission gave notice that the 
applications for Sabine Pass LNG L.P. and Cheniere Sabine Pass 
Pipeline Company were filed on December 22, 2003, under section 3(a) 
and section 7(c) of the Natural Gas Act and part 153, part 157, and 
part 284 of the Commission's regulations.
    \2\ On February 10, 2004, the Commission gave notice that Sabine 
Pass Pipeline Company filed an amendment to its application on 
February 6, 2004, that reflected a shortening of the length of the 
originally proposed pipeline from approximately 120 miles to 
approximately 16 miles, a reduction of the diameter of the pipeline 
from 48 inches to 42 inches, and a decrease in the maximum capacity 
of the pipeline from 2.7 to 2.6 billion cubic feet per day.
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    This notice is being sent to residents within 0.5 mile of the 
proposed LNG terminal facilities; potentially affected landowners along 
the proposed pipeline route; Federal, State, and local government 
agencies; elected officials; environmental and public interest groups; 
Native American tribes; and local libraries and newspapers. We \3\ have 
asked state and local government representatives to notify their 
constituents of this planned 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.
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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 pipeline 
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 Cheniere Sabine 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 at 
www.ferc.gov.

Summary of the Proposed Project

    Cheniere Sabine proposes to build a new LNG import, storage, and 
vaporization terminal in a rural part of Cameron Parish, Louisiana, 
across the Sabine Pass Channel from Sabine Pass, Texas. The LNG import 
terminal would import, store, and vaporize an average of approximately 
2,600 million standard cubic feet per day (MMscfd) of LNG, with an 
installed capacity of 2,880 MMscfd, for supply to U.S. natural gas 
markets. Cheniere Sabine seeks authority to construct and operate the 
following new facilities:
    [sbull] A new marine basin connected to the Sabine Pass Channel 
that would include a ship maneuvering area and two protected berths to 
unload up to 300 LNG ships per year with a ship capacity ranging up to 
250,000 cubic meters (m3) of LNG;
    [sbull] Two 30-inch-diameter stainless steel insulated LNG transfer 
lines to transfer the LNG from the berth facilities to the LNG storage 
tanks;
    [sbull] Three all-metal, double-walled, single containment, top-
entry LNG storage tanks, each with a nominal working volume of 
approximately 160,000 m\3\ and each with secondary containment dikes to 
contain 110 percent of the gross tank volume;
    [sbull] Sixteen high-pressure submerged combustion LNG vaporizors 
with a capacity of approximately 180 MMscfd each, as well as other 
associated vaporization equipment, including pumps, boil-off gas 
compressors, instrumentation, and safety systems;
    [sbull] Ancillary utilities, buildings, and service facilities, 
including hazard detection and fire response systems;
    [sbull] Approximately 16 miles of 42-inch-diameter natural gas 
pipeline extending from the LNG import terminal to an interconnection 
with four existing pipelines at Johnson's Bayou;
    [sbull] Three metering stations, one at the LNG terminal site, one 
at an interconnection with Natural Gas Pipeline Company of America, and 
one at the interconnection with the existing pipelines at Johnson's 
Bayou; and
    [sbull] Associated pipeline facilities including a pig launcher 
receiver facility, and three mainline valves, and one side valve.
    Construction of the LNG terminal facilities would take 
approximately 3 years, and the pipeline would take approximately 4 to 6 
months. Cheniere Sabine proposes to place the project in service before 
the 2007 winter heating season. The general location of the proposed 
project facilities is shown in appendix 1.\4,5\
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    \4\ Requests for detailed maps of the facilities may be made to 
the company directly by calling 1-800-690-1361. Be as specific as 
you can about the location(s) of your area(s) of interest.
    \5\ The appendices referenced in this notice are not being 
printed in the Federal RegisterE. Copies are available on the 
Commission's Web site (http//www.ferc.gov) at the ``eLibrary'' link 
or from the Commission's Public Reference Room 2A or call (202) 502-
8371. Copies of the appendices were sent to all those receiving this 
notice in the mail.
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    In addition, certain nonjurisdictional electric and water line 
facilities would be required for operation of the LNG terminal and 
would be subject to review and approval by the appropriate state and 
Federal agencies. The Jefferson Davis Electric Cooperative would 
construct a 23.6-mile, 230 kilovolt (kV) electric transmission line 
that would extend from its existing substation near the Intracoastal 
Waterway south across the eastern edge of Sabine Lake to the LNG 
terminal site. Cameron Parish Waterworks, District 10, would construct 
an approximate 8.6-mile, 8-inch-diameter potable water line that will 
extend from its facilities near Johnson's Bayou west along the northern 
edge of State Highway 82 to the LNG terminal site.

Land Requirements for Construction

    Cheniere Sabine has acquired 568 acres of land, formerly used for 
dredge spoil placement by the U.S. Army Corps of Engineers, for the 
proposed LNG terminal facility. Of this total, about 291.7 acres would 
be affected during construction, comprising 264.9 acres of land and 
26.8 acres of water. Operation

[[Page 8954]]

of the LNG facility would affect about 236.6 acres, comprising 210.1 
acres of land and 26.5 acres of water.
    Cheniere Sabine proposes to use a 120-foot-wide construction right-
of-way and a 50-foot-wide operational right-of-way for the pipeline. 
Construction of the pipeline would disturb about 245.8 acres of land 
and would include land required for the pipeline construction right-of-
way, additional temporary workspaces, access roads, meter stations, and 
other associated aboveground facilities. Total operational land 
requirements would be approximately 105 acres for the new permanent 
right-of-way, access roads, and above ground 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, or an import 
authorization under section 3 of the Natural Gas Act. NEPA also 
requires us to discover and address issues and 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. 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. Fish and Wildlife 
Service, U.S. Army Corps of Engineers, National Marine Fisheries 
Service, and the U.S. Coast Guard, may choose to participate once they 
have evaluated the proposal relative to their responsibilities. 
Agencies that would like to request cooperating status should follow 
the instructions for filing comments described later in this notice.
    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 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 Sabine. This preliminary list of issues may be changed based 
on your comments and our analysis.

Geology and Soils

    [sbull] Assessment of dredged material management plan, including 
the potential for beneficial uses of dredged material.

Water Resources and Wetlands

    [sbull] Assessment of construction effects on quality of surface 
and groundwater.
    [sbull] Assessment of effects of construction and operation on the 
Chicot sole-source aquifer.
    [sbull] Potential effects of freshwater discharges on the salinity 
of receiving waterbodies.
    [sbull] Effects of dredging approximately 4.5 million cubic yards 
of clays for the marine basin and berthing area.
    [sbull] Assessment of construction and operation effects on 
wetlands at the terminal site and along the pipeline route.
    [sbull] Potential impacts of a thermal (coldwater) discharge.

Fish, Wildlife, and Vegetation

    [sbull] Effect on commercial and recreational fisheries of Sabine 
Lake and other affected waterbodies.
    [sbull] Potential effect of electric transmission lines on shore 
birds and other birds.
    [sbull] Effects of lighting and towers on migratory birds.
    [sbull] Effects of construction on waterfowl habitat.

Endangered and Threatened Species

    [sbull] Potential effects on federally listed species including 
piping plover, brown pelican, and bald eagle; Kemp's Ridley, 
loggerhead, green, hawksbill, and leatherback sea turtles; gulf 
sturgeon and smalltooth sawfish; and sperm whale.
    [sbull] Effects on essential fish habitat.

Land Use, Recreation and Special Use Areas, and Visual Resources

    [sbull] Potential impact on public access to the Sabine Pass 
Lighthouse, which is listed on the National Register of Historic 
Places.
    [sbull] Effects of pipeline construction on residences within 50 
feet of the proposed right-of-way.
    [sbull] Consistency with coastal zone management plan.
    [sbull] Visual impacts of new LNG storage tanks.

Socioeconomics

    [sbull] Impact of construction equipment and construction worker 
vehicles on local traffic.
    [sbull] Effects of LNG ship traffic.
    [sbull] Effects of construction workforce demands on public 
services and housing.

Cultural

    [sbull] Effects on archaeological sites and historic properties.

Air Quality and Noise

    [sbull] Effects of construction and operation on local air quality 
and the noise environment.
    [sbull] Effects of LNG ship emissions on air quality.

Reliability and Safety

    [sbull] Safety and security of the terminal and pipeline.
    [sbull] Safety related to LNG shipping.

Cumulative Impacts

    [sbull] Assessment of the effect of the proposed project when 
combined with other past, present, or reasonably foreseeable future 
actions in the Sabine Pass area. At present, we are aware of one other 
LNG project, the ExxonMobil Golden Pass LNG and Pipeline Project, in 
the vicinity of the proposed Sabine Pass LNG and Pipeline Project. As 
currently proposed, the Golden Pass LNG Project site is approximately 2 
miles west of the Cheniere Sabine LNG site on the west bank of the Port 
Arthur ship channel in Jefferson County, Texas. This project would also 
involve the construction of approximately 75 miles of pipelines, 
extending from the LNG site through Jefferson, Orange, and Newton 
Counties, Texas to the vicinity of Starks, Louisiana in Calcasieu 
Parish, Louisiana.

Alternatives

    [sbull] Evaluation of no action alternative, alternatives using 
other existing LNG terminals or pipeline systems, alternative sites for 
the proposed LNG

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terminal, and alternative pipeline routes.

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 Nos. CP04-38-000 et al. and CP04-47-000 on 
the original and both copies.
    [sbull] Mail your comments so that they will be received in 
Washington, DC on or before March 22, 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 you to file your comments electronically via the 
Internet in lieu of paper. 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 Meetings and Site Visit

    In addition to or in lieu of sending written comments, we invite 
you to attend a public scoping meeting that we will conduct in the 
area. The location and time for this meeting is listed below:

March 11, 2004, 7 p.m., Johnson Bayou Recreation Center, 135 Berwick 
Road, Cameron, LA 70631, telephone: 337-569-2204.

    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 
comments on the proposed project. Interested groups and individuals are 
encouraged to attend the meetings and to present comments on the 
environmental issues they believe should be addressed in the EIS. 
Transcripts of the meetings will be made so that your comments are 
accurately recorded.
    We will also be conducting a limited site visit to the LNG terminal 
site and pipeline route on the day of the meeting. Anyone interested in 
participating in the site visit should meet at the Johnson's Bayou 
Recreation Center at 8 a.m. on March 11, 2004. 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).\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

    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 (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 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 www.ferc.gov/esubscribenow.htm.

Magalie R. Salas,
Secretary.
[FR Doc. E4-411 Filed 2-25-04; 8:45 am]
BILLING CODE 6717-01-P