[Federal Register Volume 77, Number 111 (Friday, June 8, 2012)]
[Notices]
[Pages 34034-34037]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-13875]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. PF12-3-000]


Corpus Christi Liquefaction, LLC; Cheniere Corpus Christi 
Pipeline, L.P.; Notice of Intent To Prepare an Environmental Assessment 
for the Planned Corpus Christi LNG Terminal and Pipeline Project, 
Request for Comments on Environmental Issues, and Notice of Public 
Scoping Meeting

    The staff of the Federal Energy Regulatory Commission (FERC or 
Commission) will prepare an environmental assessment (EA) that will 
discuss the environmental impacts of the planned Corpus Christi LNG 
Terminal and Pipeline Project (Project). The Project would involve 
constructing

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and operating a liquefied natural gas (LNG) export and import terminal, 
and a natural gas transmission pipeline in Nueces and San Patricio 
Counties, Texas. The EA will be used by the Commission in its decision-
making process to determine whether to authorize the LNG terminal. The 
EA will also be used by the Commission to help determine whether the 
pipeline facilities are 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 about the Project. Your input will help the Commission's staff 
determine what issues need to be evaluated in the EA. Your input will 
also help the Commission's staff determine whether the preparation of 
an environmental impact statement would be more appropriate for this 
project. Comments about the Project may be submitted in writing or 
verbally. In lieu of or in addition to submitting written comments, the 
Commission invites you to attend a public scoping meeting scheduled as 
follows:
    FERC Public Scoping Meeting, Corpus Christi LNG Terminal and 
Pipeline Project, June 26, 2012--6:00 p.m., Portland Community Center, 
2000 Bill G Webb Drive, Portland, TX 78374.
    Please note that the scoping period will close on July 2, 2012.
    This notice is being sent to the Commission's current environmental 
mailing list for this project. State and local government 
representatives should notify their constituents of this project and 
encourage them to comment on their areas of concern.
    If you are a landowner receiving this notice, a Project 
representative may contact you about the acquisition of an easement to 
construct, operate, and maintain the natural gas transmission pipeline 
facilities. The company would seek to negotiate a mutually acceptable 
agreement. However, if the Commission approves the facilities, that 
approval conveys with it the right of eminent domain. Therefore, if 
easement negotiations fail to produce an agreement, a condemnation 
proceeding could be initiated where compensation would be determined 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 Web site (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 Planned Project

    Corpus Christi Liquefaction, LLC (Corpus Christi Liquefaction) 
plans to construct and operate a LNG export and import terminal on the 
north shore of Corpus Christi Bay in Nueces and San Patricio Counties, 
Texas. The terminal facilities would be capable of liquefying 
approximately 2.1 billion cubic feet per day of natural gas. These 
facilities would also be capable of vaporizing approximately 400 
million cubic feet per day of LNG. In addition to the liquefaction and 
vaporization facilities; Corpus Christi Liquefaction plans to construct 
and operate three LNG storage tanks at the terminal. These tanks would 
be capable of storing approximately 160,000 cubic meters of LNG. To 
facilitate the estimated 200 ships per year necessary to export and 
import LNG, Corpus Christi Liquefaction is also planning to construct 
and operate a marine berth connecting the terminal to the adjacent La 
Quinta Channel which provides access to open water shipping routes.
    Cheniere Corpus Christi Pipeline, L.P. (Corpus Christi Pipeline) 
plans to construct and operate an approximately 23-mile-long, 48-inch-
diameter, bi-directional, natural gas transmission pipeline (and 
associated facilities) capable of moving approximately 2.25 billion 
cubic feet per day of natural gas between the terminal and existing 
natural gas transmission infrastructure near the City of Sinton, Texas. 
Corpus Christi Pipeline is also planning to construct and operate two 
compressor stations; the 12,260 horsepower (hp) Taft Compressor Station 
and the 41,000 hp Sinton Compressor Station to facilitate the movement 
of gas within the pipeline.
    The general location of the planned facilities is shown in Appendix 
1.\1\
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    \1\ The appendices referenced in this notice will not appear in 
the Federal Register. Copies of the appendices were sent to all 
those receiving this notice in the mail and are available at 
www.ferc.gov using the link called ``eLibrary'' 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.
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Land Requirements for Construction

    Constructing the LNG terminal would require the use of about 891 
acres of land. Operating the terminal would require the permanent use 
of about 326 acres of land. Constructing the pipeline and associated 
facilities would require the use of about 441 acres of land. Operating 
the pipeline and associated facilities would require the permanent use 
of about 202 acres of land. In total, constructing the terminal and 
pipeline would require the use of about 1,332 acres of land. Operating 
these facilities would require the permanent use of about 528 acres of 
land.
    The terminal and pipeline would be constructed and operated for the 
most part on lands previously reviewed by the Commission in FERC Docket 
Nos. CP04-37, 44, 45 and 46-000. These lands were reviewed for the 
proposed Cheniere Corpus Christi LNG Project which was approved by the 
Commission, but never built. The Cheniere Corpus Christi LNG Project 
would have required the use of about 1,161 acres of land for 
construction activities and about 712 acres of land for operations-
related activities.

The EA Process

    The National Environmental Policy Act (NEPA) requires the 
Commission and other federal agencies to take into account the 
environmental impacts that could result from an action whenever a 
federal authorization, permit and/or approval is issued. NEPA also 
requires the Commission's staff to discover and address concerns the 
public may have about proposals. The discovery process is commonly 
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, the Commission requests public comments on the scope of 
the issues to be addressed in the staff's EA. All comments received 
will be considered during the preparation of the EA.
    In the EA, the Commission's staff will describe the impacts that 
could occur as a result of constructing and operating the Project under 
these general headings:
     Geology and soils;
     Water resources and wetlands;
     Vegetation, fisheries and wildlife;
     Threatened and endangered species;
     Socioeconomics;
     Land use and aesthetics;
     Cultural resources;
     Air quality and noise;
     Public safety; and
     Cumulative impacts.
    The Commission's staff will also evaluate possible alternatives to 
the Project or portions of the Project, and make recommendations on how 
to lessen or avoid impacts on the various resource areas.
    Although no formal application has been filed, the Commission's 
staff has already initiated its NEPA review under the Commission's pre-
filing process. The purpose of the pre-filing process is to encourage 
early involvement of

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interested stakeholders and to identify and resolve issues before the 
FERC receives an application. As part of the pre-filing review, the 
Commission's staff has begun to contact several federal and state 
agencies to discuss their involvement in the scoping process and the 
preparation of an EA.
    The EA will present the staff's independent analysis of the issues. 
If staff determines the preparation of an EA is appropriate, the EA 
will be placed in the public record, published, and distributed to the 
public. A comment period will be allotted when the EA is issued. Staff 
will consider all comments on the EA before making its recommendations 
to the Commission. To ensure your comments are considered, please 
carefully follow the instructions in the Public Participation section 
of this notice.
    With this notice, we are asking agencies with jurisdiction by law 
and/or special expertise with respect to environmental issues to 
formally cooperate with staff in preparing the EA. Agencies that would 
like to request cooperating agency status should follow the 
instructions for filing comments provided in the Public Participation 
section of this notice.

Involvement of U.S. Department of Energy

    The U.S. Department of Energy, Office of Fossil Energy (DOE) has 
agreed to participate as a cooperating agency in the preparation of the 
EA to satisfy its NEPA responsibilities. DOE proposes to authorize 
Corpus Christi Liquefaction, LLC, or affiliated company, to export LNG 
from the planned Corpus Christi LNG Terminal if DOE determines that 
such export is not inconsistent with the public interest.
    The DOE must meet its obligation under section 3 of the Natural Gas 
Act of 1938, as amended (NGA), to authorize the import and export of 
natural gas, including LNG, unless it finds that the proposed import or 
export will not be consistent with the public interest. The purpose and 
need for DOE action is to respond to an expected application to DOE 
seeking authorization to export domestically produced natural gas as 
LNG from the Corpus Christi LNG Terminal to any country: (1) With which 
the United States does not have a free trade agreement requiring the 
national treatment for trade in natural gas, and (2) with which trade 
is not prohibited by U.S. law or policy.

Consultations Under Section 106 of the National Historic Preservation 
Act

    In accordance with the Advisory Council on Historic Preservation's 
implementing regulations for section 106 of the National Historic 
Preservation Act, staff is using this notice to initiate consultation 
with applicable State Historic Preservation Office(s), and to solicit 
their views and those of other government agencies, interested Indian 
tribes, and the public on the project's potential effects on historic 
properties.\2\ Staff will define the project-specific Area of Potential 
Effects (APE) in consultation with the SHPO(s) as the project develops. 
On natural gas facility projects, the APE at a minimum encompasses all 
areas subject to ground disturbance (examples include construction 
right-of-way, contractor/pipe storage yards, compressor stations, and 
access roads). The EA for this project will document the staff's 
findings on the impacts on historic properties and summarize the status 
of consultations under section 106.
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    \2\ The Advisory Council on Historic Preservation regulations 
are at Title 36, Code of Federal Regulations, Part 800. Those 
regulations define historic properties as any prehistoric or 
historic district, site, building, structure, or object included in 
or eligible for inclusion in the National Register for Historic 
Places.
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Currently Identified Environmental Issues

    Based on a preliminary review of the planned facilities and 
information provided by Corpus Christi Liquefaction, the Commission's 
staff has already identified several issues that it thinks deserves 
attention. This preliminary list of issues may be changed based on your 
comments and the staff's analysis. These issues are:
     Air quality;
     Water use;
     Aesthetics;
     Transportation;
     Socioeconomics; and
     Public safety.

Notice of Floodplain Involvement

    Because the proposed Project may involve actions in floodplains, in 
accordance with Title 10 of the Code of Federal Regulations, Part 1022, 
Compliance with Floodplain and Wetland Environmental Review 
Requirements, the EA will include a floodplain assessment as 
appropriate, and a floodplain statement of findings will be included in 
any DOE finding of no significant impact.

Public Participation

    You can make a difference by providing us with your specific 
comments or concerns about the 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 your comments so 
that the Commission receives them in Washington, DC on or before July 
2, 2012.
    For your convenience, there are three methods you can use to submit 
your comments to the Commission. In all instances, please reference the 
project docket number (PF12-3-000) with your submission. The Commission 
encourages electronic filing of comments and has expert staff available 
to assist you at (202) 502-8258 or [email protected].
    (1) You can file your comments electronically using the eComment 
feature located on the Commission's Web site (www.ferc.gov) under the 
link to Documents and Filings. This is an easy method for interested 
persons to submit brief, text-only comments on a project;
    (2) You can file your comments electronically using the eFiling 
feature located on the Commission's Web site (www.ferc.gov) under the 
link to Documents and Filings. With eFiling, you can provide comments 
in a variety of formats by attaching them as a file with your 
submission. New eFiling users must first create an account by clicking 
on ``eRegister.'' You must select the type of filing you are making. If 
you are filing a comment on a particular project, please select 
``Comment on a Filing''; or
    (3) You can file a paper copy of your comments by mailing them to 
the following address: Kimberly D. Bose, Secretary, Federal Energy 
Regulatory Commission, 888 First Street NE., Room 1A, Washington, DC 
20426.

Environmental Mailing List

    The environmental mailing list includes federal, state, and local 
government representatives and agencies; elected officials; 
environmental and public interest groups; Native American Tribes; other 
interested parties; and local libraries and newspapers. This list also 
includes affected landowners (as defined in the Commission's 
regulations) 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, and anyone who submits 
comments on the project. Staff will update the environmental mailing 
list as the analysis proceeds to ensure that it sends the information 
related to this environmental review to all individuals, organizations, 
and government entities

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interested in and/or potentially affected by the planned project.

Becoming an Intervenor

    Once Corpus Christi Liquefaction files its application with the 
Commission, you may want to become an ``intervenor'' which is an 
official party to the Commission's 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 the 
proceeding by filing a request to intervene. Instructions for becoming 
an intervenor are in the User's Guide under the ``e-filing'' link on 
the Commission's Web site. Please note that the Commission will not 
accept requests for intervenor status at this time. You must wait until 
the Commission receives a formal application for the project.

Additional Information

    Additional information about the project is available from the 
Commission's Office of External Affairs, at (866) 208-FERC, or on the 
FERC Web site (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 (i.e., PF12-
3-000). Be sure you have selected an appropriate date range. For 
assistance, please contact FERC Online Support at 
[email protected] or toll free at (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 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 www.ferc.gov/esubscribenow.htm.
    Finally, public meetings or site visits will be posted on the 
Commission's calendar located at www.ferc.gov/EventCalendar/EventsList.aspx along with other related information.

    Dated: June 1, 2012.
Kimberly D. Bose,
Secretary.
[FR Doc. 2012-13875 Filed 6-7-12; 8:45 am]
BILLING CODE 6717-01-P