[Federal Register Volume 71, Number 28 (Friday, February 10, 2006)]
[Notices]
[Pages 7033-7036]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-1914]


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DEPARTMENT OF ENERGY

Western Area Power Administration


San Luis Rio Colorado Project, Yuma County, AZ

AGENCY: Western Area Power Administration, DOE.

ACTION: Notice of intent to prepare an Environmental Impact Statement 
and to conduct public scoping meetings; notice of floodplain and 
wetlands involvement.

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SUMMARY: The Department of Energy's (DOE) Western Area Power 
Administration (Western) and Office of Electricity Delivery and Energy 
Reliability (OE) intend to conduct public scoping meetings and to 
prepare an environmental impact statement (EIS) on a proposal to 
construct new international transmission facilities and to connect 
those facilities with Western's transmission system at its Gila 
Substation east of Yuma, Arizona. The EIS will be prepared in 
compliance with the National Environmental Policy Act (NEPA) and 
applicable regulations, including DOE NEPA implementing regulations.
    The EIS is being prepared in response to Generadora del Desierto 
S.A. de C.V. (GDD) applying to DOE for a Presidential permit to 
construct two 500,000-volt (500-kilovolt (kV)) electric transmission 
lines across the United States border from Mexico, and North Branch 
Resources, LLC (NBR) applying to interconnect with Western's 
transmission system. With this Notice of Intent, DOE invites public 
participation in the EIS scoping process and solicits public comments 
to help establish the scope and content of the EIS. Because the project 
involves action in a floodplain, the EIS will address floodplain and 
wetlands impacts per DOE regulations for compliance with floodplain and 
wetlands environmental review.

DATES: DOE invites interested agencies, tribes, organizations, and 
members of the public to submit comments or suggestions to assist in 
identifying significant environmental issues and in determining the 
appropriate scope of the EIS. The public scoping period starts with the 
publication of this notice in the Federal Register and will continue 
until March 13, 2006.
    Public scoping meetings are set for:
    1. February 28, 2006, 9 a.m. to 4 p.m. in Yuma, Arizona.
    2. February 28, 2006, 6 to 9 p.m. in Yuma, Arizona.
    3. March 1, 2006, 9 a.m. to 4 p.m. in San Luis, Arizona.

[[Page 7034]]

    4. March 1, 2006, 6 to 9 p.m., in San Luis, Arizona.

ADDRESSES: Written comments or suggestions on the scope of the EIS 
should be addressed to Mr. John Holt, Environmental Manager, Desert 
Southwest Customer Service Region, Western Area Power Administration, 
P.O. Box 6457, Phoenix, AZ 85005, facsimile (602) 605-2630, e-mail 
[email protected].
    Scoping meetings will be held at the Yuma Civic and Convention 
Center, 1440 West Desert Hills Drive in Yuma, AZ on February 28, and at 
the San Luis High School, 1250 North 8th Avenue in San Luis, AZ on 
March 1, 2006. The facilities are wheelchair accessible, and a Spanish-
speaking representative will be present.

FOR FURTHER INFORMATION CONTACT: For information on the proposed 
project and interconnection with Western's transmission system, or to 
receive a copy of the Draft EIS when it is issued, contact Mr. Mark 
Wieringa, NEPA Document Manager, Western Area Power Administration, 
P.O. Box 281213, Lakewood, CO 80228-8213, telephone (800) 336-7288, 
facsimile (720) 962-7263, e-mail [email protected].
    For information on the Presidential permit process, contact Mrs. 
Ellen Russell, Office of Electricity Delivery and Energy Reliability 
(OE-20), U.S. Department of Energy, 1000 Independence Avenue, SW., 
Washington, DC 20585-0350, telephone (202) 586-9624, facsimile (202) 
586-5860, e-mail [email protected].
    For general information on the DOE's NEPA review process, contact 
Carol M. Borgstrom, Director, Office of NEPA Policy and Compliance (EH-
42), U.S. Department of Energy, 1000 Independence Avenue, SW., 
Washington, DC 20585-0119, telephone (202) 586-4600 or (800) 472-2756; 
facsimile (202) 586-7031.

SUPPLEMENTARY INFORMATION: 

Background and Need for Agency Action

Western Interconnection Project

    Federal Energy Regulatory Commission (FERC) Order Nos. 888 and 888-
A require all public utilities owning or controlling interstate 
transmission facilities to offer non-discriminatory open access 
transmission services. Through these Orders, FERC addressed the need to 
encourage lower electricity rates by facilitating the development of 
competitive wholesale electric power markets through the prevention of 
unduly discriminatory practices in providing transmission services.
    In order to be consistent with FERC Order Nos. 888 and 888-A, 
Western published its Notice of Final Open Access Transmission Service 
Tariff (Tariff) in the Federal Register on January 6, 1998. Western 
filed an amendment to the Tariff with FERC on January 25, 2005, to 
adopt Large Generator Interconnection (LGI) rules that substantially 
conform with those published in FERC Order Nos. 2003, 2003-A and 2003-
B. Western's amended Tariff requires Western to respond to an 
application as presented by an applicant. Section 211 of the Federal 
Power Act requires that transmission services be provided upon 
application if transmission capacity is available.
    In compliance with the FERC LGI rules, Western has committed to 
accommodating new transmission capacity constructed by an applicant. 
NBR has requested an interconnection to the Federal transmission system 
under Western's Tariff. Western must determine whether to grant or deny 
the interconnection while considering effects of the proposed project 
on existing customers, the environment, system reliability, and any 
system modifications needed to accommodate the interconnection. If the 
interconnection request is granted and the proposed project proceeds, 
Western would construct, own, operate, and maintain any required 
modifications to its own transmission system within the United States 
at the expense of NBR.
    Because the proposed project would integrate a major new source of 
generation into Western's transmission system, Western has determined 
that an EIS is required under DOE's NEPA Implementing Procedures, 10 
CFR part 1021, Subpart D, Appendix D, class of action D6.

DOE Presidential Permit

    GDD has applied to DOE for a Presidential permit to construct two 
500-kV electric transmission lines across the United States border from 
Mexico. Executive Order 10485, as amended by Executive Order 12038, 
requires that a Presidential permit be issued before electric 
transmission facilities may be constructed, operated, maintained, or 
connected at the U.S. international border. The Executive Order 
provides that a Presidential permit may be issued after a finding that 
the proposed project is consistent with the public interest and after 
concurrence by the U.S. Departments of State and Defense. The 
implementing regulations are published at 10 CFR 205.320-205.329.
    In determining consistency with the public interest, DOE considers 
the environmental impacts of the proposed project under NEPA, 
determines the project's impact on electric reliability (including 
whether the proposed project would adversely affect the operation of 
the United States electric power supply system under normal and 
contingency conditions), and any other factors that DOE may also 
consider relevant to the public interest. Issuance of a Presidential 
permit indicates that there is no Federal objection to the project, but 
does not mandate that the project be completed.

Proposed Action and Alternatives

    The Applicants are each wholly owned subsidiaries of North Branch 
Holding, LLC. GDD proposes to construct, own, operate, and maintain the 
power plant in Mexico and the short section of transmission line 
located in Mexico. The Applicants propose that Western construct, own, 
operate, and maintain the double-circuited 500-kV transmission 
components in the United States, at the Applicants' expense. In 
response to the interconnection request to Western, the transmission 
line would interconnect with Western's transmission system through a 
500/161-kV expansion at Gila Substation, located east of Yuma. Under 
the proposal, Western would construct, own, operate, and maintain the 
500-kV transmission line between a Point of Change of Ownership near 
the international border and the Gila Substation, the 500/161-kV 
expansion at Gila Substation, and the 500-kV transmission line between 
Gila Substation and Arizona Public Service Company's (APS) North Gila 
Substation. In that case, Western would become a co-applicant on the 
Presidential permit application.
    Western considers the 500-kV transmission facilities south of Gila 
Substation, the Proposed Point of Interconnection, to be 
Interconnection Facilities for the sole use of the Applicants, while 
the path between Gila Substation and North Gila Substation is a Network 
Upgrade benefiting the integrated transmission system. The 
Interconnection Facilities will consist of the Interconnection 
Customer's Interconnection Facilities, owned by GDD, and Transmission 
Provider's Interconnection Facilities, owned by Western. GDD has 
received an authorization from Comision Reguladora de Energia (CRE), 
Mexico's energy regulatory commission, to export electric energy to the 
United States and GDD proposes to deliver on-peak electrical power into 
the United States in the vicinity of Yuma, Arizona.

[[Page 7035]]

    The total length of the 500-kV transmission system within the 
United States would be approximately 25 miles; 20 miles from the 
international border to Gila Substation and 5 miles from Gila 
Substation to North Gila Substation. To reduce the height, the double-
circuit 500-kV transmission line may be constructed as two separate 
single-circuit transmission lines for a short distance near the U.S. 
Marine Corps Auxiliary Airfield No. 2 landing pattern. The Applicants 
have proposed a route for the 500-kV transmission line that crosses the 
border immediately north of the proposed power generation facility and 
then turns northeast to the boundary of the Barry M. Goldwater Range 
(Range). The route then proceeds north along the boundary of the Range 
and parallels the proposed Area Service Highway and Western's existing 
Sonora 69-kV transmission line. Near the northwest corner of the Range, 
the proposed route heads north to the Yuma Mesa Irrigation District 
canal and levee, then turns generally northeastward, paralleling the 
canal, levee, levee road, and Western's 69-kV line into Gila 
Substation. Leaving Gila Substation, the proposed route parallels the 
existing three transmission lines to the north, crossing the South Gila 
Valley, then turns northwest and into APS's North Gila Substation, 
still paralleling the existing transmission lines. DOE will evaluate 
opportunities to consolidate existing transmission lines with the 
proposed new line.
    DOE will consider any additional reasonable alternatives that 
result from comments received in response to the scoping process 
described in this notice. To be considered reasonable, alternatives 
would need to meet the Applicants' and Western's purpose and need, and 
be technically feasible and economically viable. DOE will also consider 
reasonable alternatives that may be identified later in the EIS 
process.
    The EIS will also consider the environmental impacts of the ``No 
Action'' alternative. Under the No Action alternative, the EIS will 
analyze the impacts associated with not approving an interconnection 
agreement and not issuing a Presidential permit.

Activities Outside the United States

    Inside Mexico, GDD plans to construct and operate a new 550-
Megawatt (MW) nominal (605-MW peaking) natural gas-fired, combined 
cycle power generating facility located approximately 3 miles east of 
San Luis Rio Colorado, State of Sonora, Mexico, and about 1 mile south 
of the international border. While this facility is not subject to the 
United States' regulatory requirements, DOE will evaluate impacts 
within the United States from its operation as part of its impact 
analysis. GDD plans to construct the power generating facility to 
comply with applicable United States environmental standards in 
addition to those of Mexico's lnstituto Nacional de Ecolog[iacute]a. 
The planned generating facility would be equipped with advanced air 
emissions control technology, including low-NOX combustion 
technology and a selective catalytic reduction system for oxides of 
nitrogen, and catalytic oxidizers for carbon monoxide emissions 
control. The generating facility's primary source of water would be 
treated effluent from the San Luis Rio Colorado water treatment plant, 
and GDD would construct a pipeline system connecting the two 
facilities. A natural gas pipeline approximately 6 miles long would be 
constructed from the generating facility to an existing main gas line. 
GDD plans to sell off-peak power inside Mexico to the association of 
maquiladoras (fabrication or assembly plants in the North American Free 
Trade Agreement zone) of San Luis Rio Colorado and also to the Comision 
Federal de Electricidad, Mexico's national electric utility. GDD would 
construct, own, operate, and maintain a section of transmission line in 
Mexico to a point to be determined (Point of Change of Ownership).

Identification of Environmental Issues

    In the EIS, DOE will examine public health and safety effects and 
environmental impacts within the United States from the proposed 
transmission facilities and from the associated Mexico generating 
facility. The EIS will be prepared under the requirements of the 
Council on Environmental Quality's NEPA Implementing Regulations (40 
CFR parts 1500-1508) and DOE's NEPA Implementing Procedures (10 CFR 
part 1021). Because the project involves action in a floodplain, the 
EIS will include a floodplain assessment and floodplain statement of 
findings following DOE regulations for compliance with floodplain and 
wetlands environmental review (10 CFR part 1022). Tribal governments 
and Federal, state, and local agencies with special expertise or 
jurisdiction over the proposed project are being invited to become 
cooperating agencies on the EIS.
    This notice is to inform agencies and the public of the proposed 
project and solicit comments and suggestions for consideration in the 
preparation of the EIS. To help the public frame its comments, this 
notice contains a list of potential environmental issues within the 
United States that DOE has tentatively identified for analysis. These 
issues include:
    (1) Impacts on protected, threatened, endangered, or sensitive 
species of animals or plants or their critical habitats (including 
flat-tailed horned lizard and Peirson's milk-vetch);
    (2) Impacts on other biological resources;
    (3) Impacts on land use, recreation, and transportation (including 
agriculture, urban development and the planned Area Service Highway);
    (4) Impacts on floodplains and wetlands;
    (5) Impacts on cultural or historic resources and tribal values;
    (6) Impacts on human health and safety (including military, 
civilian, and agricultural aviation safety);
    (7) Impacts on air, soil, and water resources (including air 
quality, groundwater consumption, and quality);
    (8) Visual impacts; and
    (9) Socioeconomic impacts and disproportionately high and adverse 
impacts to minority and low-income populations.
    This list is not intended to be all-inclusive or to imply any 
predetermination of impacts, and DOE invites interested parties to 
suggest specific issues within these general categories, or other 
issues not included above, to be considered in the EIS. Since the EIS 
would be prepared in compliance with U.S. law, it will only address 
impacts that would accrue in the United States. NEPA does not require 
an analysis of environmental impacts that occur within another 
sovereign nation that result from approved actions by that sovereign 
nation. Executive Order 12114 (January 4, 1979) requires Federal 
agencies to prepare an analysis of significant impacts from a Federal 
action in certain defined circumstances and exempts agencies from 
preparing analyses in others. The Order does not require Federal 
agencies to evaluate impacts outside the United States when the foreign 
nation is participating with the United States or is otherwise involved 
in the action. Here, the Mexican Government has been involved in 
evaluating the environmental impacts associated with the generating 
facility in Mexico and has issued permits authorizing the construction 
and operation of the generating facility and ancillary facilities, 
including water use. An overview of the permitting of the generating 
facility and associated environmental impacts analysis that was 
performed by the Mexican

[[Page 7036]]

Government will be included in the Draft EIS.

Scoping Process

    Interested parties are invited to participate in the scoping 
process, both to refine the preliminary alternatives and environmental 
issues to be analyzed in depth, and to eliminate from detailed study 
those alternatives and environmental issues that are not feasible or 
pertinent. All comments received will be considered and used to shape 
the EIS process.
    Public EIS scoping meetings will be held at the location, date, and 
times indicated above under the DATES and ADDRESSES sections. The 
scoping meetings will be structured as informal open houses. They will 
provide interested parties the opportunity to view proposed project and 
EIS process information, ask questions, and make comments. DOE and 
cooperating agency representatives will be available to answer 
questions and provide additional information to attendees.
    DOE invites those entities with jurisdiction by law or special 
expertise with respect to environmental issues to be cooperating 
agencies on the EIS, as defined at 40 CFR 1501.6. Such entities may 
also make a request to DOE to be a cooperating agency. Designated 
cooperating agencies have certain responsibilities to support the NEPA 
process, as specified at 40 CFR 1501.6(b).
    Persons submitting comments during the scoping process will receive 
copies of the Draft EIS. Persons who do not wish to submit comments or 
suggestions at this time, but who would like to receive a copy of the 
Draft EIS for review and comment when it is issued, should notify Mr. 
Mark Wieringa at the address provided above. The Draft EIS in printed 
form or electronic form on a compact disc will be made available to the 
public upon request.

Draft EIS Schedule and Availability

    DOE anticipates the EIS process will take about 14 to 16 months and 
will include the public information and scoping meetings; consultation 
and involvement with appropriate Federal, state, and local agencies, 
and tribal governments; public review and hearing(s) on the published 
Draft EIS; a published Final EIS; and publication of a Record of 
Decision (ROD).
    The public will be provided an opportunity to review the Draft EIS 
and a hearing on the published Draft EIS is expected to be conducted in 
the third quarter of calendar year 2006. A notice of the location of 
these public hearings will be provided in the Federal Register and 
local media at a later date.
    A published final EIS, a waiting period, and publication of a ROD 
are anticipated in early calendar year 2007.

    Dated: February 2, 2006.
Michael S. Hacskaylo,
Administrator.
[FR Doc. E6-1914 Filed 2-9-06; 8:45 am]
BILLING CODE 6450-01-P