[Federal Register Volume 73, Number 21 (Thursday, January 31, 2008)]
[Notices]
[Pages 5833-5835]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-1736]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. PF08-4-000]


Williston Basin Interstate Pipeline Company; Notice of Intent To 
Prepare an Environmental Assessment for the Proposed Sheyenne Expansion 
Project, Request for Comments on Environmental Issues, and Notice of 
Public Site Visit

January 25, 2008.
    The staff of the Federal Energy Regulatory Commission (FERC or 
Commission) will prepare an environmental assessment (EA) that will 
identify and address the environmental impacts that could result from 
the construction and operation of the Sheyenne Expansion Project 
proposed by Williston Basin Interstate Pipeline Company (Williston 
Basin). The EA will be used by the Commission in its decision-making 
process to determine whether the project is in the public convenience 
and necessity.
    This notice announces the opening of the scoping process the 
Commission will use to gather input from the public and interested 
agencies on the project. Your input will help determine which issues 
need to be evaluated in the EA. Please note that the scoping period for 
this Notice will close on February 25, 2008. Details on how to submit 
comments are provided in the Public Participation section of this 
notice.
    Additionally, as part of the scoping process, we will also have a 
public site visit at the locations described below, to receive comments 
on the proposed project. Please note that attendees at the site visit 
must obtain their own transportation for the site visit.

------------------------------------------------------------------------
            Date and time                           Location
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8 a.m., February 6, 2008.............  Governor's Inn Parking Lot, 2050
                                        Governors Dr, Casselton, ND
                                        58012.
1 p.m., February 6, 2008.............  Lone Steer Hotel Parking Lot, I-
                                        94 & Hwy 3N, Exit 200,
                                        Steele, ND 58012.
3 p.m., February 6, 2008.............  Bismarck Compressor Station, 850
                                        57th Ave NW., Bismarck, ND
                                        58503.
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    This notice is being sent to affected landowners; federal, state, 
and local government agencies; elected officials; environmental and 
public interest groups; Native American tribes; other interested 
parties; and local libraries and newspapers; all of which are 
encouraged to submit comments on the proposed project. Details on how 
to submit comments are provided in the Public Participation section of 
this notice.
    If you are a landowner receiving this notice, you may be contacted 
by a Williston Basin representative about the acquisition of an 
easement to construct, operate, and maintain the proposed project 
facilities. The pipeline company would seek to negotiate a mutually 
acceptable agreement. However, if the project is approved by the FERC, 
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?'' is available for 
viewing on the FERC Internet Web site (http://www.ferc.gov). This fact 
sheet addresses a number of typically asked questions, including the 
use of eminent domain and how to participate in the FERC's proceedings.

Summary of the Proposed Project

    Williston Basin proposes to construct the new Steele Compressor 
Station in Kidder County, North Dakota; install additional compression 
at the existing Bismark Compressor Station in Burleigh County, North 
Dakota; undertake minor modifications to the existing Cleveland 
Compressor Station Stutsman County, North Dakota; and construct and 
operate approximately 6,400 feet of 8-inch-diameter pipeline lateral 
and metering facilities to connect to the proposed Tharaldson ethanol 
plant in Cass County, North Dakota. The Project would increase firm 
capacity into

[[Page 5834]]

Williston Basin's subsystem by 9,650 million cubic foot per day, 
approximately 96% of the addition capacity would be for the Tharaldson 
ethanol plant. Williston Basin plans to file the application by May 1, 
2008 and requests that the Commission issue a certificate by September 
1, 2008 to meet an in-service date of December 15, 2008.
    The general location of the proposed pipeline is shown in the 
figure included as Appendix.\1\
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    \1\ The appendices referenced in this notice are not being 
printed in the Federal Register. Copies are available from the 
Commission's Web site at the eLibrary link or from the Commission's 
Public Reference Room or by calling (202) 502-8371. For instructions 
on connecting to eLibrary refer to the public participation section 
of this notice. For instructions on connecting to eLibrary, refer to 
the ``Additional Information'' section at the end 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 Williston Basin.
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Land Requirements for Construction

    As proposed, the typical construction right-of-way for the project 
lateral would be 75-feet-wide. Following construction, Williston Basin 
has proposed to retain a 50-foot-wide permanent right-of-way for 
operation of the project.
    Based on preliminary information, construction and operation of the 
proposed lateral and associated aboveground facilities would affect 
about 21.6 acres of land. Following construction, about 6.4 acres would 
be maintained as permanent right-of-way, and about 5 acres of land 
would be maintained as new aboveground facility sites. The remaining 
temporary workspace would be restored and allowed to revert to its 
former use. Construction at the existing Compressor Stations would be 
within the current fenced areas.

The EA Process

    The National Environmental Policy Act (NEPA) requires the 
Commission to take into account the environmental impacts that could 
result from the approval of an interstate natural gas pipeline. By this 
notice, we \2\ are also asking federal, state, and local agencies with 
jurisdiction and/or special expertise with respect to environmental 
issues to formally cooperate with us in the preparation of the EA.
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    \2\ ``We,'' ``us,'' and ``our'' refer to the environmental staff 
of the FERC's Office of Energy Projects.
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    The purpose of the Pre-filing Process is to seek public and agency 
input early in the project planning phase and encourage involvement by 
interested stakeholders in a manner that allows for the early 
identification and resolution of environmental issues. We will work 
with all interested stakeholders to identify and attempt to address 
issues before Williston Basin files its application with the FERC. A 
diagram depicting the environmental review process for the proposed 
project is attached to this notice as Appendix 2.
    NEPA also requires the FERC 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 EA on the important environmental issues. By this 
Notice of Intent, we are requesting public comments on the scope of the 
issues to address in the EA. All comments received will be considered 
during the preparation of the EA. As part of the Pre-filing Process 
review, Williston Basin sponsored public open houses in the project 
area to explain the environmental review process to interested 
stakeholders and take comments about the project.
    In the EA we will discuss impacts that could occur as a result of 
the construction and operation of the proposed project under these 
general headings:
     Geology and soils;
     Water resources;
     Wetlands and vegetation;
     Fish, wildlife, threatened and endangered species;
     Land use, recreation, and visual resources;
     Air quality and noise;
     Cultural resources;
     Reliability and safety; and
     Cumulative environmental impacts.
    In the EA, we will also evaluate possible alternatives to the 
proposed project or portions of the project, and make recommendations 
on how to lessen or avoid impacts on affected resources.
    Our independent analysis of the issues will be in the EA. Depending 
on the comments received during the scoping process, the EA may be 
published and mailed to federal, state, and local agencies, public 
interest groups, interested individuals, affected landowners, 
newspapers, libraries, and the Commission's official service list for 
this proceeding. A comment period will be allotted for review if the EA 
is published. We will consider all comments on the EA before we make 
our recommendations to the Commission.
    Although no formal application has been filed, the FERC staff has 
already initiated its NEPA review under the Commission's Pre-filing 
Process. The purpose of the Pre-filing Process is to encourage the 
early involvement of interested stakeholders and to identify and 
resolve issues before an application is filed with the FERC.

Public Participation

    You can make a difference by providing us with your specific 
comments or concerns about the proposed project. By becoming a 
commentor, your concerns will be addressed in the EA and considered by 
the Commission. Your comments should focus on the potential 
environmental effects, reasonable alternatives (including alternative 
facility sites and pipeline routes), and measures to avoid or lessen 
environmental impact. The more specific your comments, the more useful 
they will be. To ensure that your comments are timely and properly 
recorded, please carefully follow these instructions:
     Send an original and two copies of your letter to: 
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888 
First St., NE., Room 1A, Washington, DC 20426.
     Label one copy of your comments for the attention of Gas 
Branch 3, DG2E.
     Reference Docket No. PF08-4-000 on the original and both 
copies.
     Mail your comments so that they will be received in 
Washington, DC on or before February 25, 2008.
    The Commission encourages electronic filing of comments. See 18 
Code of Federal Regulations 385.2001(a)(1)(iii) and the instructions on 
the Commission's Internet Web site at http://www.ferc.gov under the 
``eFiling'' 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.''
    We may mail the EA for comment. If you are interested in receiving 
it, please return the Information Request (Appendix 3). If you do not 
return the Information Request, you will be taken off the mailing list.
    Once Williston Basin formally files its application with the 
Commission, you may want to become an official party to the proceeding 
known as an ``intervenor.'' Intervenors play a more formal role in the 
process and are able to file briefs, appear at hearings, and be heard 
by the courts if they choose to appeal the Commission's final ruling. 
An intervenor formally participates in a Commission proceeding by 
filing a

[[Page 5835]]

request to intervene. Instructions for becoming an intervenor are 
included in the User's Guide under the ``e-filing'' link on the 
Commission's web site. Please note that you may not request intervenor 
status at this time. You must wait until a formal application is filed 
with the Commission.

Environmental Mailing List

    An effort is being made to send this notice to all individuals, 
organizations, and government entities interested in and/or potentially 
affected by the proposed project. This includes all landowners who are 
potential right-of-way grantors, whose property may be used temporarily 
for project purposes, or who own homes within distances defined in the 
Commission's regulations of certain aboveground facilities.
    If you received this notice, you are on the environmental mailing 
list for this project. If you do not want to send comments at this 
time, but still want to remain on our mailing list, please return the 
Information Request (Appendix 3). If you do not return the Information 
Request, you will be removed from the Commission's environmental 
mailing list.

Availability of Additional Information

    Additional information about the project is available from the 
Commission's Office of External Affairs, at 1-866-208-FERC 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, please contact FERC Online Support at 
[email protected] or toll free at 1-866-208-3676, or for TTY, 
contact (202) 502-8659. The eLibrary link 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. Go to http://www.ferc.gov/esubscribenow.htm.

Kimberly D. Bose,
 Secretary.
[FR Doc. E8-1736 Filed 1-30-08; 8:45 am]
BILLING CODE 6717-01-P