[Federal Register Volume 78, Number 82 (Monday, April 29, 2013)]
[Notices]
[Pages 25074-25076]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-09987]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. PF13-3-000]


Elba Liquefaction Company, L.L.C., Southern LNG Company, L.L.C., 
Elba Express Company, L.L.C.; Notice of Intent To Prepare an 
Environmental Assessment for the Planned Elba Liquefaction Project, 
Request for Comments on Environmental Issues, and Notice of Public 
Scoping Meetings

    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 Elba Liquefaction Project and 
EEC Modification Project (collectively referred to as the Elba 
Liquefaction Project) involving construction and operation of 
facilities in Georgia by Elba Liquefaction Company, LLC (ELC); Southern 
LNG Company, LLC (SLNG); and Elba Express Company, LLC (EEC, 
collectively referred to as ``Companies''). The Commission will use 
this EA in its decision-making process to determine whether the project 
is in the public interest.
    This notice announces the opening of the scoping process the 
Commission will use to gather input from the public and interested 
agencies on the project. Your input during the scoping process will 
help the Commission staff determine what issues need to be evaluated in 
the EA. Please note that the scoping period will close on May 22, 2013.
    You may submit comments 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 meetings listed below.

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           Date and time                          Location
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Tuesday, May 7, 2013..............  Hart County Library, 150 Benson St.,
7:00 pm EDT.......................   Hartwell, Georgia.
Thursday, May 9, 2013.............  The Chatham County, Savannah
7:00 pm EDT.......................   Metropolitan Planning Commission,
                                     112 East State St., Savannah, GA.
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     This notice is being sent to the Commission's current 
environmental mailing list for the project. State and local government 
officials 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 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 Companies 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 Internet 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.

Involvement of the U.S. Department of Energy

    The FERC is the lead federal agency preparing the EA to satisfy the 
requirements of the National Environmental Policy Act (NEPA). 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.
    Under section 3 of the Natural Gas Act of 1938, as amended (NGA), 
15 USC 717b, DOE would authorize the export of natural gas, including 
liquefied natural gas (LNG), to countries with which the United States 
has not entered into a free trade agreement providing for national 
treatment for trade in natural gas, unless it finds that the proposed 
export will not be consistent with the public interest. For the Elba 
Liquefaction Project, the purpose and need for DOE action is to respond 
to SLNG's application filed with DOE on August 31, 2012 (FE Docket No. 
12-100-LNG), seeking authorization to export up to 4 million tons per 
annum (equivalent to 0.5 billion cubic feet per day) of domestic 
natural gas as LNG for a 20-year period from its Elba Island Terminal 
near Savannah, Georgia, commencing the earlier of the date of first 
export or ten years from the date that the requested authorization is 
issued. DOE authorization of Southern LNG's application would allow the 
export of LNG 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; (2) that has, or in the future develops, the capacity 
to import LNG; and (3) with which trade is not prohibited by U.S. law 
or policy.

Summary of the Planned Project

    ELC and SLNG are planning to construct natural gas liquefaction 
facilities to support the production and export of up to 350 million 
cubic feet of LNG per day (2.5 million tons per year) at the existing 
Elba LNG Terminal, in Chatham County, near Savannah, Georgia. The 
activities planned at the Elba Island Terminal include the installation 
of up to ten Movable Modular Liquefaction System units, a flare system, 
modifications to the terminal piping, modification and construction of 
various buildings, and truck transport of natural gas liquids. In 
addition, modifications to the non-jurisdictional electrical 
distribution facilities would be required to support the liquefaction 
facilities.

[[Page 25075]]

    To facilitate the supply of natural gas to the Elba LNG Terminal 
for liquefaction, EEC is proposing to add compression along its 
existing Elba Express Pipeline in Georgia. These facilities would 
include the addition of up to 16,000 horsepower of compression at the 
existing Hartwell Compressor Station in Hart County, Georgia and the 
construction of a new 11,000-horsepower compressor station and about 
1,000 feet of interconnecting pipeline in Jefferson County, Georgia.
    A map depicting the general location of the project facilities is 
included in appendix 2.\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

    Construction of the facilities associated with the Elba 
Liquefaction Project would occur primarily within the existing Elba 
Island LNG Terminal footprint located on the 860-acre Elba Island. The 
Companies may seek off-site areas for staging, warehouse yards, 
contractor offices, and parking, and would attempt to site those in 
areas that have been previously used for such activities.
    EEC would require about 24.8 acres of land for the new Jefferson 
County Compressor Station, and it would install the additional 
compression at the Hartwell Compressor Station within the 8.8 acre 
existing facility footprint.

The EA Process

    The 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 under section 7 of the NGA or grants authorization for the 
LNG facilities under section 3 of the NGA. 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 EA on the important environmental 
issues. By this notice, the Commission requests public comments on the 
scope of the issues to address in the EA. We will consider all filed 
comments during the preparation of the EA.
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    \2\ ``Us,'' ``we,'' and ``our'' refer to the environmental staff 
of the Commission's Office of Energy Projects.
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    In the EA 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, fisheries, and wetlands;
     vegetation, wildlife, and endangered and threatened 
species;
     socioeconomics;
     cultural resources;
     land use;
     cumulative impacts;
     air quality and noise; and
     public safety.
    We will also evaluate reasonable 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 
the FERC receives an application. As part of our pre-filing review, we 
have begun to contact federal and state agencies to discuss their 
involvement in the scoping process and the preparation of the EA.
    The EA will present our independent analysis of these issues. The 
EA will be available in the public record through eLibrary. Depending 
on the comments received during the scoping process, we may also 
publish and distribute the EA to the public for an allotted comment 
period. We will consider all comments on the EA before we make our 
recommendations to the Commission. 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 5.
    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 EA.\3\ 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 DOE, the U.S. 
Department of Transportation, and the U.S. Coast Guard are 
participating as cooperating agencies in the preparation of the EA.
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    \3\ The Council on Environmental Quality regulations addressing 
cooperating agency responsibilities are at Title 40, Code of Federal 
Regulations, Part 1501.6.
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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 Georgia State Historic Preservation Office (SHPO), 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.\4\ We will define the project-specific Area of 
Potential Effects in consultation with the SHPO as the project 
develops. On natural gas facility projects, the Area of Potential 
Effects 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). Our EA for 
the project will document our findings on the impacts on historic 
properties and summarize the status of consultations under section 106.
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    \4\ The Advisory Council on Historic Preservation's regulations 
are at Title 36 of the 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, the 
environmental information provided by the Companies, and comments 
received by the public. This preliminary list of issues may be changed 
based on your comments and our analysis:
     construction and operational impacts on nearby residences 
in proximity to the existing and proposed compressor stations;
     impacts on forested land at the Jefferson County 
Compressor Station;
     impacts on air quality and noise from the new Jefferson 
County Compressor Station and the upgrades at the existing Hartwell 
Compressor Station; and
     impacts on aquatic species, including threatened and 
endangered species due to ballast water discharges at Elba Island.

Public Participation

    You can make a difference by providing us with your specific 
comments or concerns about the project.

[[Page 25076]]

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 May 22, 2013. This is not your only public input 
opportunity; please refer to the Environmental Review Process flow 
chart in appendix 2.
    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 (PF13-3-000) 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 by 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 by 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; 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.
    If we publish and distribute the EA, copies 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 3).

Becoming an Intervenor

    Once the Companies file their applications 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 the 
Commission receives formal applications 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., PF13-
3). 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 
text 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.
    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.
    Finally, the Companies have established a Web site for this project 
at http://www.kindermorgan.com/business/gas_pipelines/projects/elbaLNG/. The Web site includes a project overview, environmental 
information, and information for affected stakeholders.

    Dated: April 22, 2013.
Kimberly D. Bose,
 Secretary.
[FR Doc. 2013-09987 Filed 4-26-13; 8:45 am]
BILLING CODE 6717-01-P