[Federal Register Volume 74, Number 36 (Wednesday, February 25, 2009)]
[Notices]
[Pages 8517-8519]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-4049]


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DEPARTMENT OF ENERGY

[OE Docket No. PP-334]


Notice of Intent To Prepare an Environmental Impact Statement; 
Energia Sierra Juarez U.S. Transmission, LLC

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 on the proposed Federal action of granting a 
Presidential permit to construct a new electric transmission line 
across the U.S.-Mexico border in southeastern California. DOE has 
determined that issuance of a Presidential permit for the proposed

[[Page 8518]]

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 Energia Sierra Juarez Transmission 
Line Environmental Impact Statement (DOE/EIS-0414) to address potential 
environmental impacts from the proposed action and 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 previous public participation activities, 
DOE does not plan to conduct additional scoping meetings for this EIS. 
However, any timely written comments submitted will be considered by 
DOE in determining the scope of the EIS.

DATES: As discussed below, the public participation process that DOE 
conducted following publication of a notice of intent to prepare an 
environmental assessment will serve as the scoping for this EIS. DOE 
will consider any additional comments received or postmarked by March 
27, 2009 in defining the scope of the EIS. Comments received or 
postmarked after that date will be considered to the extent 
practicable.

ADDRESSES: Comments on the scope of the EIS and requests to be added to 
the document mailing list should be addressed to: Dr. Jerry Pell, 
Office of Electricity Delivery and Energy Reliability (OE-20), U.S. 
Department of Energy, 1000 Independence Avenue, SW., Washington, DC 
20585; by electronic mail to [email protected]; or by facsimile to 
202-318-7761.
    For general information on the DOE NEPA process contact: Ms. Carol 
M. Borgstrom, Director, Office of NEPA Policy and Compliance (GC-20), 
U.S. Department of Energy, 1000 Independence Avenue, SW., Washington, 
DC 20585; or by facsimile at 202-586-7031.

FOR FURTHER INFORMATION CONTACT: Dr. Jerry Pell, 202-586-3362, or 
[email protected]. For general information on the DOE NEPA process, 
contact Ms. Carol M. Borgstrom at 202-586-4600 or leave a message at 
800-472-2756.

SUPPLEMENTARY INFORMATION: Executive Order (EO) 10485, as amended by EO 
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 EO 
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 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 U.S. electric power supply system under normal and contingency 
conditions), and considers any other factors that DOE may find relevant 
to the public interest. The regulations implementing the EO have been 
codified at 10 CFR 205.320-205.329. DOE's issuance of a Presidential 
permit indicates that there is no Federal objection to the project, but 
does not mandate that the project be undertaken.
    Energia Sierra Juarez U.S. Transmission, LLC (ESJ, formerly Baja 
Wind U.S. Transmission, LLC), has applied to DOE's Office of 
Electricity Delivery and Energy Reliability (OE) for a Presidential 
permit to construct either a double-circuit 230,000-volt (230-kV) or a 
single-circuit 500-kV transmission line on either lattice towers or 
steel monopoles. ESJ's proposed transmission line would connect wind 
turbines (the La Rumorosa Project) to be located in the vicinity of La 
Rumorosa, Baja California, Mexico, to the existing Southwest Powerlink 
(SWPL) 500-kV transmission line. The ESJ 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/permits_pending.htm (see PP-334).
    One portion of the proposed transmission project would consist of 
two miles of transmission located in Mexico that would be constructed, 
owned, operated, and maintained by a subsidiary of Sempra Energy Mexico 
and would be subject to the permitting requirements of the Mexican 
Government. The remaining portion of the proposed transmission project 
would consist of a one-mile transmission line constructed by ESJ within 
the United States on private land. The entire electrical output of the 
La Rumorosa Project (1250 megawatts) would be dedicated to the U.S. 
market and delivered using the proposed international transmission 
line. For reasons discussed below, the EIS will consider only impacts 
that occur inside the United States.
    ESJ's proposed transmission line would connect to a substation to 
be constructed by the San Diego Gas & Electric Company in response to 
requests by power suppliers to connect to the SWPL. The substation, to 
be known as the East County Substation, would be located just south of 
the SWPL right-of-way near the community of Jacumba, California, and 
would contain equipment for accepting interconnections at both the 230-
kV and the 500-kV level. The 230-kV connection equipment would be 
located just to the west of the 500-kV connection equipment, both 
within the confines of the substation boundary. Accordingly, ESJ has 
identified two routing/voltage alternatives to coincide with 
interconnection at the 230-kV or at the 500-kV level.

Agency Purpose and Need, Proposed Action, and Alternatives

    The purpose and need for DOE's action is to decide whether to grant 
ESJ's application for a Presidential permit for the proposed 
international electric transmission line. DOE's proposed action is to 
issue a Presidential permit for the construction, operation, 
maintenance, and connection of the proposed international electric 
transmission line. If granted, the Presidential permit would authorize 
only the one-mile portion of the applicant's proposal that would be 
constructed and operated wholly within the United States.
    Both of ESJ's proposed route alternatives would cross the U.S.-
Mexico border at the same location. However, the route alternative 
identified as A1 in the Presidential permit application would be 
constructed at 500-kV and would be the eastern alternative; the other 
route alternative, identified as A2, would be constructed at 230-kV and 
be located to the west of the A1 alternative. Both alternatives would 
be located wholly within private property in eastern San Diego County 
near the unincorporated community of Jacumba. In addition to the 
alternatives proposed by ESJ, DOE will also consider the environmental 
impacts of a ``No Action'' alternative.
    DOE originally considered an environmental assessment (EA) (to be 
titled Baja Wind U.S. Transmission Environmental Assessment) to be the 
appropriate level of review under NEPA. DOE published a Notice of 
Intent to Prepare an Environmental Assessment and to Conduct Public 
Scoping Meetings in the Federal Register on August 4, 2008 (73 FR 
45218). In that notice DOE stated ``if at any time during preparation 
of the EA DOE determines that an environmental impact statement (EIS) 
is needed * * * DOE will consider any comments on the scope of the EA 
received during [the EA

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scoping process] in preparing such an EIS.''

Identification of Environmental Issues

    When publishing its notice of intent to prepare an EA on August 4, 
2008, DOE opened a 30-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 ESJ transmission line 
project and reasonable alternatives. DOE conducted two scoping meetings 
in Jacumba. Nine issues and concerns were identified as a result of the 
scoping opportunity. These issues and concerns are (1) visual impacts, 
(2) avian mortality, (3) impacts to protected, threatened, endangered, 
or sensitive species of animals or plants, or their critical habitats, 
(4) impacts to cultural or historic resources, (6) impacts to human 
health and safety, (6) impacts to air, soil, and water, (7) land use 
impacts, (8) impacts of seismic activity, and (9) impacts from 
development of wind generation. In the EIS DOE will analyze these 
issues and others it finds appropriate to address, such as greenhouse 
gas emissions and global climate change and also intentional 
destructive acts, such as terrorism. No additional construction or 
routing alternatives were proposed as a result of the scoping process.
    Several commenters in this proceeding have asked DOE to evaluate 
the impacts associated with activities that will occur inside Mexico 
(e.g., from the construction and operation in Mexico of the wind 
generators). NEPA does not require an analysis of environmental impacts 
that occur within another sovereign nation that result from approved 
actions by that nation. The EIS, however, will evaluate all relevant 
environmental impacts within the U.S. related to or caused by project-
related activities in Mexico.
    Based on comments received during the initial EA process, and the 
potential for public controversy, 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 received 
during the scoping period. Because of previous public participation 
activities, DOE does not plan to conduct additional scoping meetings 
for this EIS. However, any timely additional written comments submitted 
will be considered by DOE in determining the scope of the EIS.
    DOE anticipates issuing a Draft EIS in the fall of 2009. 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 will include all comments received on the Draft EIS, and 
responses to those comments, in the Final EIS. DOE will issue a Record 
of Decision no sooner than 30 days from EPA's NOA of the Final EIS.
    Persons who submitted comments during the scoping process will 
receive a copy of the Draft EIS. Other persons who would like to 
receive a copy of the document for review when it is issued should 
notify Dr. Jerry Pell at the address provided above.

    Issued in Washington, DC, on February 18, 2009.
Patricia A. Hoffman,
Acting Assistant Secretary, Office of Electricity Delivery and Energy 
Reliability.
[FR Doc. E9-4049 Filed 2-24-09; 8:45 am]
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