[Federal Register Volume 72, Number 109 (Thursday, June 7, 2007)]
[Notices]
[Pages 31569-31571]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-11010]


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DEPARTMENT OF ENERGY

[OE Docket No. PP-305]


Notice of Intent To Prepare an Environmental Impact Statement and 
Conduct Scoping; Montana Alberta Tie, Ltd.

AGENCY: Department of Energy (DOE).

ACTION: Notice of intent to prepare an Environmental Impact Statement 
(EIS).

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SUMMARY: The Department of Energy (DOE) announces its intention to 
prepare an EIS and to conduct scoping on the proposed Federal action of 
granting a Presidential permit to construct a new electric transmission 
line across the U.S.-Canada border in northwestern Montana. DOE has 
determined that issuance of a Presidential permit for the proposed 
project would constitute a major Federal action that may have a 
significant effect upon the environment within the meaning of the 
National Environmental Policy Act of 1969 (NEPA). For this reason, DOE 
intends to prepare an EIS entitled ``The Montana Alberta Tie, Ltd. 
(MATL) 230-kV Transmission Line

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Environmental Impact Statement'' (DOE/EIS-0399) to address potential 
environmental impacts from the proposed action and the range of 
reasonable alternatives. The EIS will be prepared in compliance with 
NEPA and applicable regulations, including DOE NEPA implementing 
regulations at 10 CFR part 1021. Because of the previous public 
participation activities, DOE does not plan to conduct additional 
scoping meetings for this EIS. Written comments on the scope of the EIS 
are invited.

FOR FURTHER INFORMATION CONTACT: For information on the proposed 
project or to receive a copy of the Draft EIS when it is issued, 
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; phone 202-586-9624, facsimile 
202-586-8008, or by electronic mail at [email protected]. The 
MATL Presidential permit application, including associated maps and 
drawings, can be downloaded in its entirety from the DOE program Web 
site at http://www.oe.energy.gov/permitting/electricity_imports_exports.htm.

DATES: DOE invites interested agencies, 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 July 9, 
2007. DOE will consider all comments received or postmarked by July 9, 
2007 in defining the scope of this EIS.

ADDRESSES: Comments and suggestions on the scope of the EIS should be 
addressed to: 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; or by electronic 
mail at [email protected].

SUPPLEMENTARY INFORMATION: Executive Order (E.O.) 10485, as amended by 
E.O. 12038, requires that a Presidential permit be issued by DOE before 
electric transmission facilities may be constructed, operated, 
maintained, or connected at the U.S. international border. The E.O. 
provides that a Presidential permit may be issued after a finding that 
the proposed project is consistent with the public interest and after 
favorable recommendations from the U.S. Departments of State and 
Defense. In determining whether issuance of a Presidential permit is in 
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 U.S. electric power supply system 
under normal and contingency conditions), and any other factors that 
DOE may also consider relevant to the public interest. The regulations 
implementing the E.O. have been codified at 10 CFR 205.320-205.329. 
Issuance of a Presidential permit indicates that there is no Federal 
objection to the project, but does not mandate that the project be 
completed.
    MATL has applied to DOE's Office of Electricity Delivery and Energy 
Reliability (OE) for a Presidential permit to construct a 230,000-volt 
electric transmission line across the U.S. border with Canada, and to 
the State of Montana Department of Environmental Quality (MDEQ) for a 
Linear Facilities construction permit. The proposed transmission line 
would originate at a new substation to be constructed northeast of 
Lethbridge, Alberta, Canada, cross the U.S.-Canada border, and 
terminate north of Great Falls, Montana, at an existing substation 
owned by NorthWestern Energy. The total length of the proposed 
transmission line would be 203 miles, with approximately 126 miles 
constructed inside the United States.
    DOE originally considered an environmental assessment (EA) to be 
the appropriate level of review under NEPA and has been cooperating 
with the MDEQ in the preparation of a single environmental document 
that would serve as both a Montana State EIS under the Montana 
Environmental Policy Act and a DOE EA under NEPA.

Identification of Environmental Issues

    On November 18, 2005, DOE published a ``Notice of Intent to Prepare 
an Environmental Assessment and to Conduct Public Scoping Meetings and 
Notice of Floodplain and Wetlands Involvement; Montana Alberta Tie, 
Ltd.'' (70 FR 69962). That notice opened a 45-day scoping period during 
which the public was invited to participate in the identification of 
potential environmental impacts that may result from construction of 
the MATL transmission line project and reasonable alternatives. DOE and 
MDEQ conducted 6 scoping meetings in the vicinity of the proposed 
project. Ten issues and concerns were identified as a result of the 
initial scoping opportunity. These issues and concerns are (1) impacts 
on farming, ranching and other land uses, (2) impacts on protected, 
threatened, endangered, or sensitive species of animals or plants, or 
their critical habitats, (3) impacts on floodplains and wetlands, (4) 
avian mortality, (5) impacts on cultural or historic resources, (6) 
impacts on human health and safety, (7) impacts on air, soil, and 
water, (8) visual impacts, (9) socioeconomic impacts, and (10) impacts 
from development of wind generation. An additional alternative also was 
developed by the agencies to address concerns raised by the public and 
interested agencies during the scoping period.
    In March 2007, the MDEQ and DOE published a draft document that was 
the MDEQ Draft EIS and the DOE EA (March 2007 EA). The document was 
distributed for public comment and three public hearings were conducted 
to receive comments on the document during a 55-day public comment 
period. Based on comments received on the March 2007 EA relating to 
land use and potential effects on farming, DOE has determined an EIS to 
be the proper NEPA compliance document.

EIS Preparation and Schedule

    In preparing the Draft EIS, DOE will consider comments that DOE and 
the State received at the 2005 scoping meetings as well as the comments 
received on the March 2007 EA. DOE is working with the MDEQ to address 
the comments received on the March 2007 EA and prepare responses to 
comments which will be set forth in the Draft EIS. Comments submitted 
on the March 2007 EA need not be resubmitted.
    If the March 2007 EA does not require significant modifications to 
address the comments, DOE will issue, as the DOE Draft EIS, a copy of 
the March 2007 EA together with any corrections and updated information 
as errata, and with responses to comments. If extensive modifications 
are required to adequately address comments, DOE will issue as the DOE 
Draft EIS a new document that includes the responses to comments. After 
DOE issues the Draft EIS, DOE will then hold a public hearing and 
accept public comment on the Draft EIS. DOE will include all comments 
received on the Draft EIS, and responses to those comments, in the 
Final EIS.
    DOE will provide a public comment period of at least 45 days from 
the Environmental Protection Agency's (EPA's) Notice of Availability 
(NOA) of the Draft EIS and will hold at least one public hearing during 
the public comment period. DOE may not issue a record of decision 
sooner than 90 days from EPA's NOA of the Draft EIS and no sooner than 
30 days from EPA's NOA of the Final EIS.


[[Page 31571]]


    Issued in Washington, DC, on June 1, 2007.
Kevin M. Kolevar,
Director, Office of Electricity Delivery and Energy Reliability.
[FR Doc. E7-11010 Filed 6-6-07; 8:45 am]
BILLING CODE 6450-01-P