[Federal Register Volume 77, Number 143 (Wednesday, July 25, 2012)]
[Notices]
[Pages 43589-43591]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-18158]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. PF11-2-000]


Freeport LNG Development, L.P., Freeport LNG Expansion, L.P., 
FLNG Liquefaction LLC; Supplemental Notice of Intent To Prepare an 
Environmental Impact Statement for the Planned Liquefaction Project, 
Request for Comments on Environmental Issues, and Notice of Public 
Scoping Meeting

    As previously noticed on August 11, 2011, and supplemented herein, 
the staff of the Federal Energy Regulatory Commission (FERC or 
Commission) will prepare an environmental impact statement (EIS) that 
will discuss the environmental impacts of the Liquefaction Project 
(Project) involving construction and operation of facilities proposed 
by Freeport LNG Development, L.P., Freeport LNG Expansion, L.P, and 
FLNG Liquefaction LLC (collectively referred to as Freeport) in 
Brazoria County, Texas. This EIS will be used by the Commission in its 
decision-making process to determine whether the project is in the 
public interest.
    Changes to the proposed facilities and the scope of our review have 
occurred since issuance of the Commission's initial notice of intent 
(NOI) for the Project. Staff has determined that review of the Project 
will require an EIS. This Supplemental NOI addresses these changes 
summarized in the Summary of Planned Project section of this notice and 
announces the opening of a scoping period the Commission will use to 
gather input from the public and interested agencies on the Project. 
Your input will help the Commission staff determine what issues need to 
be evaluated in the EIS. Please note that the scoping period will close 
on August 20, 2012.
    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, the Commission invites you to attend the 
public scoping meeting scheduled as listed on page 2.

FERC Public Scoping Meeting

Freeport Liquefaction Project 7:00 p.m.--August 9, 2012

    Lake Jackson Civic Center, 333 Highway 332 E, Lake Jackson, TX 
77566, (979) 415-2600.
    This notice is being sent to the Commission's current environmental 
mailing list for the Project. State and local government 
representatives are asked to notify their constituents of this planned 
Project and encourage them to comment on their areas of concern.
    If you are a landowner receiving this notice, a pipeline company 
representative may contact you about the acquisition of an easement to 
construct, operate, and maintain the planned facilities. The company 
would seek to negotiate a mutually acceptable agreement. However, if 
the Commission approves the project, 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 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

    Freeport plans to add natural gas liquefaction and exportation 
capabilities to its existing liquefied natural gas (LNG) import 
terminal on Quintana Island in Brazoria County, Texas. Since the 
original notice was issued, the proposed facilities have been modified 
to include a natural gas Pretreatment Facility as a jurisdictional 
facility based on public input, the location of the Pretreatment 
Facility has been changed. The Project would consist of the 
construction and installation of facilities to be used for liquefaction 
and export of domestic natural gas.
    The planned facilities would consist of the following components:
     Three natural gas liquefaction refrigerant units at the 
Quintana Island Terminal;
     Expansion of existing Quintana Island Terminal Facilities, 
including a construction dock and fire water intake structure;
     Natural gas Pretreatment Facility, about 2.5 miles north 
of the Quintana Island Terminal. It parallels and is located west of 
County Road (CR) 690, about 0.7 mile north of the intersection of CR 
690 and State Highway 332; and
     Several pipelines (boil-off gas, natural gas, natural gas 
liquids, nitrogen) and utility lines (electric, fiber optic, water) 
that collectively form a route system between the Terminal, the 
Pretreatment Plant, Freeport LNG's Stratton Ridge meter station, 
Freeport LNG's Stratton Ridge underground gas storage facility, and 
interconnects with other industrial entities.
    In addition, a second ship berthing area, third LNG storage tank, 
and additional LNG vaporization and natural gas send-out facilities 
that were previously authorized under FERC Docket CP05-361-000 but 
never constructed would be repurposed to meet the needs of the Project.
    Freeport indicates that the Project would produce about 13.2 
million metric tons per year of LNG. This would allow Freeport to 
convert domestically produced natural gas to LNG for storage and 
export. Freeport LNG expects to be ready to commence LNG exports in 
late 2015.
    The general location of the project facilities is shown in Figure 1 
in Appendix 1.\1\ Alternative sites for Freeport's proposed site for 
the Pretreatment Facility (Site F) that will be considered in our 
review are identified in Figure 2 of Appendix 1.
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    \1\ The appendices referenced in this notice are not being 
printed in the Federal Register. Copies of 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

    The Table below details the land requirements of the proposed 
Project. Construction of all of the planned facilities would disturb 
about 610.7 acres of land at or adjacent to the existing Quintana 
Island Terminal, pretreatment facility and associated jurisdictional 
and nonjurisdictional pipelines, utilities and access roads.
    Following construction, about 215.1 acres would be maintained for 
permanent operation of the Project facilities; the remaining acreage 
may be restored and allowed to revert to former uses.

[[Page 43590]]



                                        Freeport LNG Liquefaction Project
                        [Summary of land requirements for proposed liquefaction project]
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                                                                     Permanent
                                                                     facility        Temporary
                           Facilities                                footprint       workspace         Total
                                                                      (acres)         (acres)
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                                         FERC JURISDICTIONAL FACILITIES
----------------------------------------------------------------------------------------------------------------
Liquefaction Plant and Associated Facilities....................           109.2            79.9           189.1
Pretreatment Facility and Associated Facilities.................           104.2           112.9           217.1
Pretreatment Facility--Off-site Access Road Segments............             1.6             1.3             2.9
Pipeline/Utility Line System (FERC Jurisdictional Facilities and             0.0            44.6            44.6
 Non-Jurisdictional Pipelines/Utility Lines)--South of
 Pretreatment Facility..........................................
Off-site Storage & Laydown Area for Liquefaction Plant..........             0.0            74.8            74.8
                                                                 -----------------------------------------------
    Jurisdictional Total........................................           215.0           313.5           528.5
                                                                 -----------------------------------------------
                                      FERC NONJURISDICTIONAL \1\ FACILITIES
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Pipeline/Utility Line System (FERC Nonjurisdictional Facilities              3.3            74.7            74.7
 without Electric Line)--North of Pretreatment Facility.........
Electric Line at Pretreatment Facility..........................             6.0             7.3             7.3
Appurtenant Facilities beyond Terminal Site and Pretreatment                 0.1             0.1             0.2
 Facility site and not included in Pipeline/Utility Line System
 Footprint Totals...............................................
                                                                 -----------------------------------------------
    Nonjurisdictional Total.....................................             0.1            82.1            82.2
                                                                 -----------------------------------------------
    Liquefaction Project Total..................................           215.1           395.6           610.7
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\1\ Nonjurisdictional facilities are associated facilities that do not come under the jurisdiction of FERC.

The EIS Process

    The National Environmental Policy Act (NEPA) requires the 
Commission to take into account the environmental impacts that could 
result from an action whenever it considers the issuance of an LNG 
authorization. NEPA also requires us \2\ 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 EIS on the important environmental issues. By this 
notice, the Commission requests public comments on the scope of the 
issues to be addressed in the EIS. All comments received will be 
considered during the preparation of the EIS.
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    \2\ ``We,'' ``us,'' and ``our'' refer to the environmental staff 
of the Commission's Office of Energy Projects.
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    In the EIS we will discuss impacts that could occur as a result of 
the construction and operation of the planned Project under these 
general headings:
     Geology and soils;
     Water resources, and fisheries;
     Vegetation and wildlife;
     Cultural resources;
     Socioeconomics;
     Land use;
     Air quality and noise;
     Cumulative environmental impacts; and
     Reliability and public safety.
    We will also evaluate possible alternatives to the planned 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, we have already 
initiated our NEPA review under the Commission's pre-filing process. 
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. As part of our pre-filing review, 
we have begun to contact some federal and state agencies to discuss 
their involvement in the scoping process and the preparation of the 
EIS.
    The EIS will present our independent analysis of the issues. We 
will publish and distribute the draft EIS for public comment. After the 
comment period, we will consider all timely comments and revise the 
document, as necessary, before issuing a final EIS. To ensure we have 
the opportunity to consider and address your comments, please carefully 
follow the instructions in the Public Participation section beginning 
on page 6.
    With this notice, we are asking 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. Agencies that would like to request cooperating 
agency status should follow the instructions for filing comments 
provided under the Public Participation section of this notice. 
Currently, the United Stated Department of Energy has expressed its 
intention to participate as a cooperating agency in the preparation of 
the EIS to satisfy its NEPA responsibilities related to this Project.

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, we are using this notice to initiate consultation 
with the Texas State Historic Preservation Office, 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.\3\ We will define the project-specific area of potential 
effects (APE) in consultation with the SHPO as the project is further 
developed. On natural gas facility projects, the APE at a minimum 
encompasses all areas subject to ground disturbance. Our EIS for this 
Project will document our findings on

[[Page 43591]]

the impacts on historic properties and summarize the status of 
consultations under section 106.
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    \3\ The Advisory Council on Historic Preservation's regulations 
are at Title 36, Code of Federal Regulations, Part 800. Historic 
properties are defined in those regulations 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

    We have already identified several issues that we think deserve 
attention based on a preliminary review of the planned facilities and 
the environmental information provided by Freeport. This preliminary 
list of issues may be changed based on your comments and our analysis.
     Air quality;
     Noise and vibration impacts;
     Socioeconomic impacts;
     Geologic hazards;
     Wetlands and waterbodies;
     Threatened and endangered species; and
     Public safety.

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 they will be received in Washington, DC on or before August 20, 
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 PF11-2-000 with your submission. The Commission 
encourages electronic filing of comments and has expert eFiling staff 
available to assist you at (202) 502-8258 or [email protected].
    (1) You may file your comments electronically by using the eComment 
feature, which is located on the Commission's Web site at www.ferc.gov 
under the link to Documents and Filings. An eComment is an easy method 
for interested persons to submit brief, 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 Web site at 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 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 mail a paper copy of your comments to the Commission at 
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; Indian tribes; other 
interested parties; and local libraries and newspapers. This list also 
includes all 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. We will update the environmental mailing list 
as the analysis proceeds to ensure that we send the information related 
to this environmental review to all individuals, organizations, and 
government entities interested in and/or potentially affected by the 
planned Project.
    Copies of the completed draft EIS will be sent to the environmental 
mailing list for public review and comment. If you would prefer to 
receive a paper copy of the document instead of the CD version or would 
like to remove your name from the mailing list, please return the 
attached Information Request (Appendix 2).

Becoming an Intervenor

    Once Freeport 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 
included 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 a 
formal application for the Project is filed with the Commission.

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., PF11-
2). 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: July 19, 2012.
Kimberly D. Bose,
 Secretary.
[FR Doc. 2012-18158 Filed 7-24-12; 8:45 am]
BILLING CODE 6717-01-P