[Federal Register Volume 73, Number 194 (Monday, October 6, 2008)]
[Notices]
[Pages 58225-58228]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-23500]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. PF08-22-000; PF08-23-000]


TransCanada PipeLine USA, Ltd.; Bison Pipeline, LLC; Notice of 
Intent To Prepare an Environmental Impact Statement for the Proposed 
Pathfinder Pipeline Project and Bison Pipeline Project; Request for 
Comments on Environmental Issues and Notice of Public Meetings

September 30, 2008.
    The Federal Energy Regulatory Commission (FERC or Commission) is in 
the process of preparing an environmental impact statement (EIS) on the 
environmental impacts of the Pathfinder Pipeline Project involving the 
construction and operation of a new underground natural gas pipeline 
proposed by TransCanada PipeLine USA, Ltd. (TransCanada). The 
Pathfinder project is under review in Docket No. PF08-22-000.
    A related pipeline project, the proposed Bison Pipeline Project 
(Bison) is also currently under review in Docket No. PF08-23-000. The 
entire route of Bison is identical to that of the corresponding portion 
of Pathfinder (Segment 2) from Dead Horse to Compressor Station No. 6, 
as described further in Summary of the Proposed Project section of this 
notice.
    On September 3, 2008, TransCanada announced that one of its 
subsidiaries acquired Bison Pipeline, LLC from Northern Border. With 
this acquisition, TransCanada will provide shippers on Bison the 
opportunity to transport their production on Pathfinder. TransCanada 
proposes to build either Pathfinder or Bison. Once TransCanada is in a 
position to confirm which of the two Projects it will pursue, 
TransCanada will file a request with the FERC to discontinue review of 
the other project. While we \1\ are requesting comments on both 
Pathfinder and Bison, we expect that a single project will be proposed 
and addressed in our EIS.
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    \1\ ``We,'' ``us,'' and ``our'' refer to the environmental staff 
of the FERC's Office of Energy Projects.
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    This Notice of Intent (NOI) explains the scoping process that will 
be used to gather input from the public and interested agencies on the 
Project. Your input will help determine which issues will be evaluated 
in the EIS. Please note that the scoping period for this Project will 
close on November 3, 2008.
    Comments on the Project may be submitted in written form or 
verbally. In lieu of, or in addition, to sending written comments, we 
also invite you to attend the public scoping meetings that have been 
scheduled in the Project area during the week of October 13, 2008. 
Details on how to submit comments and additional details of the public 
scoping meetings are provided in the Public Participation section of 
this notice.
    The FERC will be the lead federal agency in the preparation of an 
EIS that will satisfy the requirements of the National Environmental 
Policy Act (NEPA) and will be used by the FERC to consider the 
environmental impacts that could result if the Commission issues a 
Certificate of Public Convenience and Necessity for the Project under 
Section 7 of the Natural Gas Act. As a part of that review we will be 
preparing an EIS for the proposed Project.
    The Bureau of Land Management (BLM) is participating as a 
cooperating agency in the preparation of the EIS because the Project 
would cross federal lands and resources administered by the White 
River, Little Snake, Lander, Rawlins, Casper, Buffalo, Miles City and 
North Dakota Field Offices, for which the BLM has jurisdiction and/or 
special expertise with respect to environmental issues/impacts. The EIS 
will be used by the BLM to meet its NEPA responsibilities in 
considering TransCanada's application for a Right-of-Way Grant and 
Temporary Use Permit for the portion of the Project on federal land.
    Although a formal application has not been filed, the FERC has 
already initiated its NEPA review under its pre-filing process. A pre-
filing docket number has been assigned to the Pathfinder Pipeline 
Project (PF08-22-000) and the Bison Pipeline Project (PF08-23-000). The 
purpose of the pre-filing process is to encourage early involvement of 
interested stakeholders and to identify and resolve issues before an 
application is filed with the FERC.
    This NOI is being sent to federal, state, and local government 
agencies; elected officials; affected landowners; environmental and 
public interest groups; Indian tribes and regional Native American 
organizations; commentors and other interested parties; and local 
libraries and newspapers. We encourage government representatives to 
notify their constituents of this proposed Project and encourage them 
to comment on their areas of concern.
    If you are a landowner receiving this notice, you may be contacted 
by a TransCanada representative about the acquisition of an easement to 
construct, operate, and maintain the proposed

[[Page 58226]]

facilities. TransCanada 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, and the Project is 
ultimately approved by the FERC, TransCanada 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/for-citizens/citizen-guides.asp). This fact sheet addresses a number of 
typically asked questions, including the use of eminent domain and how 
to participate in FERC's proceedings.

Summary of the Proposed Project

    TransCanada has announced its proposal to construct and operate a 
new natural gas pipeline and associated structures with a maximum 
capacity of 1.6 billion cubic feet per day. As shown in Appendix 1,\2\ 
the Pathfinder Project would be located in portions of Colorado, 
Wyoming, Montana, and North Dakota and would consist of 673 miles of 
36-inch-diameter pipeline running from Meeker, Rio Blanco County, 
Colorado to near Glen Ullin, Morton County, North Dakota. The currently 
proposed pipeline route would travel across Rio Blanco and Moffat 
Counties in Colorado; Carbon, Sweetwater, Freemont, Natrona, Johnson, 
and Campbell Counties in Wyoming; Powder River, Carter, and Fallon 
Counties in Montana; and Bowman, Slope, Hettinger, Stark, Grant, and 
Morton Counties, North Dakota. The pipeline would connect to the 
existing Northern Border mainline pipeline system in southwest North 
Dakota and would deliver natural gas to primarily midwestern markets. 
The proposed Pathfinder Project includes an 11-mile-long supply 
lateral,\3\ the Wamsutter Segment, located near Wamsutter, Sweetwater 
County, Wyoming to connect the Pathfinder Pipeline Project mainline to 
natural gas supply in the Green River Basin. Certain associated 
aboveground facilities are also proposed. Mainline valves spaced at 
intervals along the pipeline as defined by U.S. Department of 
Transportation regulations per the Code of Federal Regulations (CFR) 49 
Part 192, eight compressor stations, four meter stations, and seven pig 
launcher and receiver facilities are currently proposed.
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    \2\ The appendices referenced in this notice are not printed in 
the Federal Register, but they are being provided to all those who 
receive this notice in the mail. Copies of the NOI can be obtained 
from the Commission's Web site at the ``eLibrary'' link, from the 
Commission's Public Reference Room, or by calling (202) 502-8371. 
For instructions on connecting to eLibrary, refer to the end of this 
notice.
    \3\ A lateral pipeline typically takes gas from the main system 
to deliver it to a customer or receives gas from a storage or supply 
source.
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    More specifically, TransCanada proposes the following primary 
components for the Pathfinder Project:
     673 miles of 36-inch diameter underground natural gas 
pipeline consisting of four segments:
     [rtarr8] Meeker Segment: 130 miles of pipeline from an existing 
gathering hub near Meeker, Colorado to Wamsutter, Wyoming;
     [rtarr8] Segment 1: 236 miles of pipeline from Wamsutter, Wyoming 
to Dead Horse in Campbell County, Wyoming; and
     [rtarr8] Segment 2: 297 miles of pipeline commencing in Dead Horse 
and terminating at the Northern Border Pipeline Company's existing 
Compressor Station No. 6 in Morton County, North Dakota: and
     [rtarr8] Wamsutter Segment: 11 miles of pipeline extending from 
the existing Echo Springs gas plant to the intersection of the 
Pathfinder Meeker Segment and Segment 1 in Wamsutter, Wyoming;
     A new 10,000 horsepower compressor station at milepost 
(MP) 0.0 of the Wamsutter Segment near Echo Springs, Wyoming;
     A new 30,000 horsepower compressor station at MP 153 in 
Sweetwater County, Wyoming;
     A new 30,000 horsepower compressor station at MP 221 in 
Freemont County, Wyoming;
     A new 30,000 horsepower compressor station at MP 301 in 
Natrona County, Wyoming;
     A new 30,000 horsepower compressor station at MP 374 in 
Campbell County, Wyoming;
     A new 30,000 horsepower compressor station at MP 453 in 
Powder River County, Montana;
     A new 30,000 horsepower compressor station at MP 535 in 
Fallon County, Montana;
     A new 30,000 horsepower compressor station at MP 619 in 
Hettinger County, North Dakota;
     One meter station and one pig launcher on the Meeker 
Segment; one meter station, one pig launcher, and one pig receiver on 
the Wamsutter Segment; one meter station and three pig launcher/
receivers on Segment 1; and two meter stations, two pig launcher/
receivers, and one pig receiver on Segment 2;
     Approximately 36 mainline valves generally located at 20-
mile intervals along the pipeline;
     Temporary pipe storage and contractor yards at various 
locations along the pipeline for office trailers, parking, and pipe and 
equipment storage during construction; and
     Temporary construction roadways and short permanent roads 
from existing roads to meter station sites and other aboveground 
facilities.
    Bison would consist of approximately 297 miles of 24-inch-diameter 
natural gas pipeline and related pipeline system facilities that would 
move gas northeastward from Dead Horse across the southeastern corner 
of Montana and into central North Dakota where it interconnects with 
the Northern Border pipeline system near Compressor Station No. 6 in 
Morton County. The entire route of Bison is identical to that of the 
corresponding portion of Pathfinder (Segment 2) from Dead Horse to 
Compressor Station No. 6.
    Location maps depicting the proposed facilities are attached to 
this NOI as Appendix 1.

The EIS Process

    NEPA requires the Commission to take into account the environmental 
impacts that could result from an action when it considers whether or 
not a natural gas pipeline should be approved. FERC will use the EIS to 
consider the environmental impacts that could result if it issues a 
Project authorization to TransCanada under Section 7 of the Natural Gas 
Act. NEPA also requires us to discover and address concerns the public 
may have about proposals. This process is referred to as ``scoping.'' 
The main goal of scoping is to focus the analysis in the EIS on the 
important environmental issues. With this NOI, we are requesting public 
comments on the issues to be addressed in the EIS. All comments 
received will be considered during preparation of the EIS.
    In the EIS we will discuss impacts that could occur as a result of 
the construction, operation, and maintenance of the proposed Project 
under these general headings:
     Geology and soils;
     Water resources;
     Aquatic resources;
     Vegetation and wildlife;
     Threatened and endangered species;
     Land use, recreation, and visual resources;
     Cultural resources;
     Socioeconomics;

[[Page 58227]]

     Air quality and noise;
     Reliability and safety;
     Cumulative impacts.
    In the EIS, 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 included in a draft 
EIS. The draft EIS will be mailed to federal, state, and local 
government agencies; elected officials; affected landowners; 
environmental and public interest groups; Indian tribes and regional 
Native American organizations; commentors; other interested parties; 
local libraries and newspapers; and FERC's official service list for 
this proceeding. There will be at minimum a 45-day comment period 
allotted for review of the draft EIS. We will consider all comments on 
the draft EIS and revise the document, if necessary, before issuing a 
final EIS. We will then consider all comments on the final EIS before 
we make our recommendations to the Commission. To ensure that your 
comments are considered, please follow the instructions in the Public 
Participation section of this NOI.
    With this NOI, we are 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 EIS. These agencies may choose to participate once they have 
evaluated the proposal relative to their responsibilities. As 
previously discussed, the BLM has agreed to become a cooperating agency 
and would use the EIS to fulfill its NEPA responsibilities in 
considering the potential issuance of a Right-of-Way Grant and 
Temporary Use Permit for the portion of the Project on federal land. 
Additional agencies that would like to request cooperating agency 
status should follow the instructions for filing comments provided 
under the Public Participation section of this NOI.
    The EIS will examine the proposed action and alternatives that 
require administrative or other actions by other federal agencies.

Currently Identified Environmental Issues

    We have already identified issues that we think deserve attention 
based on our previous experience with similar projects in the region. 
This preliminary list of issues, which is presented below, may be 
revised based on your comments and our continuing analyses specific to 
the Pathfinder Project.
     Potential for disturbance to residents along pipeline 
construction route, including noise and aesthetics;
     Potential impacts to the viewshed from construction 
activities and placement of aboveground facilities;
     Potential for geological hazards, including seismic 
activity, to have impacts on the pipeline;
     Potential impacts of the pipeline on waterbodies and 
wetlands, including issues of erosion control;
     Potential impacts of the pipeline on vegetation, including 
the clearing and revegetation of existing plant communities and, in 
particular, the clearing of riparian areas;
     Potential impacts of the pipeline on threatened and 
endangered species and wildlife habitat;
     Potential impacts of the pipeline on cultural resources, 
including paleontological resources and historic trails; and
     Potential impacts of the pipeline on recreation and scenic 
resources.

Public Participation

    You can make a difference by providing us with your specific 
comments or concerns about the Pathfinder Project or Bison Project. 
Your comments should focus on the potential environmental effects, 
reasonable alternatives, and measures to avoid or lessen environmental 
impacts. The more specific your comments, the more useful they will be. 
To ensure that your comments are timely and properly recorded, please 
send in your comments so that they will be received in Washington, DC 
on or before November 3, 2008.
    Comments on the proposed Project can be submitted to the FERC in 
written form or verbally at the public scoping meetings. For your 
convenience, there are three methods which you can use to submit your 
written comments to the Commission. In all instances please reference 
the Project docket number (PF08-22-000 or PF08-23-000) with your 
submission. The three methods are:
    (1) You may file your comments electronically by using the Quick 
Comment feature, which is located on the Commission's Internet Web site 
at http://www.ferc.gov under the link to Documents and Filings. A Quick 
Comment is an easy method for interested persons to submit text-only 
comments on a project;
    (2) You may file your comments electronically by using the eFiling 
feature, which is located on the Commission's Internet Web site at 
http://www.ferc.gov under the link to Documents and Filings. eFiling 
involves preparing your submission in the same manner as you would if 
filing on paper, and then saving the file on your computer's hard 
drive. You will attach that file as your submission. New eFiling users 
must first create an account by clicking on ``Sign up'' or 
``eRegister.'' You will be asked to select the type of filing you are 
making. A comment on a particular project is considered a ``Comment on 
a Filing''; or
    (3) You may file your comments via mail to the Commission by 
sending 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 the comments for the attention of Gas Branch 3, 
PJ-11.3.
    The public scoping meetings (dates, times, and locations listed 
below) are designed to provide 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 that they believe should be addressed in the EIS.
    A transcript of the meetings will be generated so that your 
comments can be accurately recorded. All meetings are scheduled to run 
from 6 to 8 p.m., and are scheduled as follows:

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             Date                               Location
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Monday, October 13, 6 to 8 pm  Best Western Tower West Lodge, 109 N.
                                U.S. Highway 14-16, Gillette, Wyoming
                                82716.
Tuesday, October 14, 6 to 8    Roosevelt High School, 140 East K Street,
 pm.                            Casper, Wyoming 82601.
                               Broadus High School, 500 North Trautman,
                                Broadus, MT 59317.
Wednesday, October 15, 6 to 8  Jeffrey Memorial Center, 315 East Pine
 pm.                            Street, Rawlins, Wyoming 82301.
                               Bowman City Hall, 101 1st Street NE,
                                Bowman, North Dakota 58623.
Thursday, October 16, 6 to 8   Holiday Inn Suites, 300 South Colorado
 pm.                            Highway 13, Craig, Colorado 81625.
                               Parish Hall--Sacred Heart Church, 204 Oak
                                Avenue East, Glen Ullin, North Dakota
                                58631.
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[[Page 58228]]

    The Commission encourages electronic filing of comments and has 
dedicated eFiling expert staff available to assist you at 202-502-8258 
or [email protected].
    Once TransCanada formally files its application with the 
Commission, you may want to become an ``intervenor,'' which is an 
official party to the proceeding. 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 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

    Everyone who responds to this notice or provides comments 
throughout the EIS process will be retained on our mailing list for 
this Project. If you do not want to send comments at this time but want 
to stay informed and receive copies of the draft and final EIS, you 
must return the Mailing List Retention Form (Appendix 2). If you do not 
send comments or return the Mailing List Retention Form asking to 
remain on the mailing list, 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, select ``General Search'' and enter 
the Project docket number, excluding the last three digits (i.e., PF08-
22) 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 by e-
mail at [email protected]. The eLibrary link on the FERC Web 
site also provides access to the texts of formal documents issued by 
the Commission, such as orders, notices, and rule makings.
    In addition, the FERC 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 http://www.ferc.gov/esubscribenow.htm.
    Public meetings or site visits will be posted on the Commission's 
calendar located at http://www.ferc.gov/EventCalendar/EventsList.aspx 
along with other related information. Finally, TransCanada has 
established a Web site for the Project at http://www.transcanada.com/company/pathfinder.html. The Web site includes a Project overview, 
timeline, safety and environmental information, and public outreach. 
You can also request additional information by contacting TransCanada 
directly at:
    E-mail: [email protected].
    Mailing address: Pathfinder Pipeline Project, PO Box 6160, 
Broomfield, CO 80021.
    Toll-free telephone: (866) 509-2270.

Nathaniel J. Davis, Sr.,
Deputy Secretary.
 [FR Doc. E8-23500 Filed 10-3-08; 8:45 am]
BILLING CODE 6717-01-P