[Federal Register Volume 74, Number 121 (Thursday, June 25, 2009)]
[Notices]
[Pages 30285-30288]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-14933]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. PF09-3-000; BLM Reference No. UTU-87295]


Magnum Gas Storage, LLC; Notice of Intent To Prepare an 
Environmental Assessment for the Proposed Magnum Gas Storage Project 
and Draft Pony Express Resource Management Plan Amendment for the 
Bureau of Land Management, Request for Comments on Environmental 
Issues, and Notice of Public Scoping Meetings

June 18, 2009.
    The staff of the Federal Energy Regulatory Commission (FERC or 
Commission) will prepare an environmental assessment (EA) and the staff 
of the Bureau of Land Management (BLM) will prepare a Draft Pony 
Express Resource Management Plan Amendment (Draft RMP Amendment). The 
EA and the Draft RMP Amendment will discuss the environmental impacts 
of the construction and operation of a new interstate natural gas 
storage facility and pipeline lateral, located in central Utah, 
proposed by Magnum Gas Storage, LLC (MGS) as part of its Magnum Gas 
Storage Project (Project).
    This notice announces the opening of the scoping process that will 
be used to gather input from the public and

[[Page 30286]]

interested agencies on the Project. Your input will help the Commission 
staff and cooperating agencies determine which issues need to be 
evaluated in the EA/Draft RMP Amendment. The staff will also use the 
scoping process to determine whether preparation of an environmental 
impact statement is required for this Project based on the anticipated 
level of impacts. Please note that the scoping period for this Project 
will close on July 27, 2009.
    Comments may be submitted in written form or verbally. Further 
details on how to submit written comments are provided in the Public 
Participation section of this notice. In lieu of or in addition to 
sending written comments, you are invited to attend public scoping 
meetings scheduled in the Project area where you can verbally comment 
on the proposed Project. These meetings are scheduled as follows:

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                  Date                               Location
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Tuesday, July 7, 2009 at 6 p.m. (MST)..  Juab County School District,
                                          346 E. 600 N. Street, Nephi,
                                          UT 84648.
Wednesday, July 8, 2009 at 6 p.m. (MST)  Millard County School District,
                                          285 E. 400 N., Delta, UT
                                          84624.
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    Interested groups and individuals are encouraged to attend the 
meetings and to present comments on the environmental issues they 
believe should be addressed in the EA/Draft RMP Amendment. A transcript 
of the meeting will be generated so that your comments will be 
accurately recorded.
    The FERC will be the lead federal agency for the preparation of the 
EA and the BLM will be the lead federal agency for the preparation of 
the Draft RMP Amendment. The EA 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 it issues 
MGS a Certificate of Public Convenience and Necessity under section 7 
of the Natural Gas Act.
    The BLM is participating as a cooperating agency in the preparation 
of the EA to satisfy its respective NEPA and planning responsibilities 
since the Project would cross federal land under the jurisdiction of 
the Fillmore and Salt Lake Field Offices in Utah. Under section 185(f) 
of the Mineral Leasing Act of 1920, the BLM has the authority to issue 
right-of-way grants for all affected federal lands. This would be in 
accordance with Title 43 Code of Federal Regulations (CFR) Parts 2800 
and 2880, subsequent 2800 and 2880 Manuals, and Handbook 2801-1. As a 
cooperating agency, the BLM would adopt the EA per Title 40 CFR 1506.3 
to meet its responsibilities under NEPA in considering MGS's 
application for a Right-of-Way Grant and Temporary Use Permit for the 
portion of the Project on federal land. In addition, the U.S. Forest 
Service (FS) will participate as a cooperating agency because FS land 
may be impacted. The concurrence or non-concurrence of the FS would be 
considered in the BLM's decision as well as impacts on resources and 
programs and the proposed Project's conformance with land use plans as 
well as the proposed land use plan amendment for the Pony Express RMP.
    With this notice, the FERC staff is asking other federal, state, 
local, and tribal agencies with jurisdiction and/or special expertise 
with respect to environmental issues to cooperate with us in the 
preparation of the EA. In addition, the BLM is asking other federal, 
state, local, and tribal agencies to cooperate in the review of the 
plan amendment process. These agencies may choose to participate once 
they have evaluated MGS's proposal relative to their responsibilities. 
Agencies that would like to request cooperating agency status should 
follow the instructions for filing comments described later in this 
NOI.
    This notice is being sent to affected landowners; federal, state, 
and local government representatives and agencies; environmental and 
public interest groups; Native American tribes; other interested 
parties in this proceeding; and local libraries and newspapers. We \1\ 
encourage government representatives to notify their constituents of 
this planned Project and encourage them to comment on their areas of 
concern.
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    \1\ ``We,'' ``us,'' and ``our'' refer to the environmental staff 
of the Office of Energy Projects (OEP).
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    If you are a landowner receiving this notice, you may be contacted 
by a pipeline company representative about the acquisition of an 
easement to construct, operate, and maintain the proposed facilities. 
The pipeline company would seek to negotiate a mutually acceptable 
agreement. However, if the Project is approved by the Commission, 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 Commission's 
proceedings.

Summary of the Proposed Project

    The proposed development of the Project would include construction 
and operation of an underground natural gas storage field with a 
capacity of 64 billion cubic feet (Bcf) on state and private land near 
the town of Delta in Millard County; Utah, and a 60-mile, 36-inch-
diameter natural gas pipeline lateral linking the gas storage facility 
with existing interstate gas transmission pipelines at an interconnect 
site north of Goshen, Utah. The pipeline lateral could potentially 
cross private, state, FS and BLM public lands in Millard, Juab, and 
Utah Counties.
    The Project would consist of the following facilities:
     Eight gas storage salt caverns each having a working gas 
capacity of 8 Bcf, 5.6 Bcf working capacity, and supported by 2.4 Bcf 
base gas;
     Approximately 60 miles of 36-inch-diameter natural gas 
pipeline;
     Water supply wells and associated water supply pipelines;
     Injection/withdrawal wells;
     Leaching facilities for solution mining and creation of 
caverns;
     Brine evaporation ponds required for brine management;
     Surface facilities for gas storage that would include 
central compression and gas handling facilities, valving and 
dehydration facilities, pig launchers/receivers and an operations 
center;
     Electric transmission lines;
     Meter and regulator stations, and
     A 4-inch-diameter natural gas supply pipeline extending 
approximately 9.3 miles to the storage site for temporary power 
generation.
    The locations of the Project facilities are shown in Appendix 1.\2\
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    \2\ The appendices referenced in this notice are not being 
printed in the Federal Register. Copies of all appendices are 
available on the Commission's Web site at the ``eLibrary'' link or 
from the Commission's Public Reference Room, 888 First Street, NE., 
Washington, DC 20426, or call (202) 502-8371. For instructions on 
connecting to eLibrary refer to the last page of this notice. Copies 
of the appendices were sent to all those receiving this notice in 
the mail.

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[[Page 30287]]

Land Requirements for Construction

    The proposed storage field site would be comprised of both state 
and private land totaling approximately 2,050 acres. Approximately 710 
acres would be required for permanent facilities and 40 acres for 
temporary construction. Construction of the proposed pipeline would 
result in a temporary disturbance of approximately 708 acres.
    The proposed 36-inch-diameter pipeline would generally be installed 
on BLM, state, and private land within a 100-foot-wide construction 
right-of-way. At certain locations (e.g., road, railroad, and waterbody 
crossings), extra workspaces would be required. MGS would retain a 50-
foot-wide permanent right-of-way for the pipeline.

The EA/NEPA Process

    NEPA requires the Commission to take into account the environmental 
impacts that could result from an action whenever it considers the 
issuance of a Certificate of Public Convenience and Necessity. The EA 
is being prepared to serve that purpose. NEPA also requires Commission 
staff and its cooperators to discover and address concerns the public 
may have about the proposal. 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 NOI, 
the Commission and BLM staff request public comments on any issues that 
may arise during the scoping period and need to be addressed in the EA/
Draft RMP Amendment. All scoping comments received will be considered 
during the preparation of the EA/Draft RMP Amendment.
    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;
     Mineral resources;
     Land use (recreation, aesthetics/visual resource 
management, special designations, and livestock grazing);
     Water resources, riparian zones, and wetlands;
     Cultural resources;
     Vegetation;
     Fisheries and wildlife;
     Endangered and threatened species;
     Air quality and noise; and
     Public safety.
    We will also evaluate possible alternatives to the proposed 
Project, and make recommendations on how to lessen or avoid impacts on 
the various resource areas.
    Although no formal application has been filed, we have already 
initiated our NEPA review under the Commission's Pre-filing Process. 
The purpose of the Pre-filing Process is to seek public and agency 
input early in the Project planning phase and encourage early 
involvement of interested stakeholders in a manner that allows for the 
early identification and resolution of environmental issues before an 
application is filed with the FERC. The BLM has agreed to conduct its 
work with all interested stakeholders to identify and attempt to 
address issues before and throughout the application process.
    As part of our Pre-filing Process review, FERC has begun to contact 
some federal and state agencies to discuss their involvement in the 
scoping process and the preparation of the EA. In addition, 
representatives from the FERC participated in a public open house 
sponsored by MGS in Delta, Utah on March 3, 2009, to explain the 
environmental review process to interested stakeholders. On April 8, 
2009, the FERC conducted an interagency meeting with agencies and MGS 
in Salt Lake City, Utah. The purpose of the meeting was to explain the 
FERC's process and solicit comments and concerns about the MGS's 
Project from other jurisdictional agencies.
    Our independent analysis of the issues will be discussed in the EA. 
The EA/Draft RMP Amendment will 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 30-day review and comment period will be provided when the EA/
Draft RMP Amendment are published. The Proposed Plan Amendment for the 
Pony Express RMP will be provided a 30-day protest period at that time, 
commensurate with a 60-day Governor's Consistency Review in accordance 
with Title 43 CFR Part 1600. All comments on the EA will be considered 
before the recommendations to the Commission are made. To ensure your 
comments are considered, please carefully follow the instructions in 
the Public Participation section below.

The BLM's Plan Amendment Process

    As discussed above, the EA will analyze the impacts of amending the 
Pony Express RMP to accommodate the Proposal. An amendment is required 
because the Pony Express RMP (1990) does not currently allow for major 
rights-of-way to be placed outside of identified utility corridors. 
Publication of this notice formally initiates the plan amendment 
process and begins the scoping process. An interdisciplinary approach 
will be used to develop the EA in order to consider a variety of 
resource issues and concerns identified. An amendment to the Pony 
Express RMP will be based upon the following planning criteria:
     The amendment will be completed in compliance with the 
Federal Land Policy and Management Act (FLPMA), NEPA and all other 
relevant Federal law, Executive Orders and management policies of the 
BLM;
     Where existing planning decisions are still valid, those 
decisions will remain unchanged and be incorporated into the new 
amendment;
     The amendment will recognize valid existing rights; and
     Native American Tribal consultations will be conducted in 
accordance with policy and tribal concerns will be given due 
consideration. The planning process would include the consideration of 
any impacts on Indian trust assets.
    The BLM regulations in Title 43 CFR Part 1600 and the NEPA process 
detailed in the Council on Environmental Quality regulations in Title 
40 CFR Parts 1500-1508 guide preparation of plan amendments. The 
process is tailored to the anticipated level of public interest and 
potential for significant impacts.
    Plan amendments (see Title 43 CFR Part 1610.5-5) change one or more 
of the terms, conditions, or decisions of an approved land use plan. 
These decisions may include those relating to desired outcomes; 
measures to achieve desired outcomes, including resource restrictions; 
or land tenure decisions. Plan amendments are required to consider any 
proposal or action that does not conform to the plan.
    An applicant may request that the BLM amend the land use plan to 
allow an otherwise non-conforming proposal. The amendment and any 
implementation actions (i.e., granting the Right-of-Way and Temporary 
Use Permit) may be considered together. However, at the decision stage, 
the land use plan decisions must be separated from the implementation 
decisions.

Currently Identified Environmental Issues

    The EA will discuss impacts that could occur as a result of the 
construction and operation of the proposed Project. We have already 
identified several issues that we think

[[Page 30288]]

deserve attention based on a preliminary review of the proposed 
facilities, comments made to us at the MGS's open house, preliminary 
consultations with other agencies, and the environmental information 
provided by MGS. This preliminary list of issues may be changed based 
on your comments and our analysis. Issues include, but are not limited 
to:
     Cultural resources that may be affected by the Project;
     Potential impacts on streams, riparian zones, and 
wetlands;
     Rights-of-way required for proposed pipeline crossing of 
federal lands managed by the BLM and the FS;
     Cumulative impacts of the proposed facilities combined 
with past, present, and reasonable foreseeable Projects; and
     Assessment of alternatives, including alternative routes, 
that would avoid or reduce impacts on private and federal lands.

Public Participation

    You can make a difference by providing us with your specific 
comments or concerns about MGS's proposal. 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 July 27, 
2009.
    For your convenience, there are three methods, which you can use to 
submit written comments to the Commission. In all instances please 
reference the Project docket numbers PF09-3-000 with your submission. 
The Commission encourages electronic filing of comments and has 
dedicated eFiling expert staff available to assist you at 202-502-8258 
or [email protected].
    (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 2, 
PJ-11.2.
    You may also submit oral comments at one of two public scoping 
meetings identified earlier in this NOI.

Becoming an Intervenor

    Once MGS formally files its applications 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 formal applications are 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 certain distances of 
aboveground facilities (as defined in the Commission's regulations).
    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 2). If you do not return the Information Request, you will be 
taken off the 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 (i.e., PF09-3) 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.
    Finally, 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.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-14933 Filed 6-24-09; 8:45 am]
BILLING CODE 6717-01-P