[Federal Register Volume 78, Number 239 (Thursday, December 12, 2013)]
[Notices]
[Pages 75557-75559]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-29600]


-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. PF13-11-000]


CE FLNG, LLC, CE Pipeline, LLC; Notice of Intent To Prepare an 
Environmental Impact Statement for the Planned CE FLNG 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 impact statement (EIS) that 
will discuss the environmental impacts of the CE FLNG Project involving 
construction and operation of liquefied natural gas (LNG) export, and 
interstate natural gas transmission pipeline facilities by CE FLNG, LLC 
and CE Pipeline, LLC (collectively referred to as CE FLNG) in 
Plaquemines Parish, Louisiana. The Commission will use this EIS in its 
decision-making process to determine whether to authorize the LNG 
facilities. The Commission will also use this EIS 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 EIS. Please note that 
the scoping period will close on January 6, 2014.
    Comments about the project may be submitted in writing or verbally. 
The Public Participation section of this notice describes how to submit 
written comments. Verbal comments can be provided at the public scoping 
meeting scheduled as follows: FERC Public Scoping Meeting, CE FLNG 
Project, Wednesday--December 18, 2013--6:00 p.m., Buras Auditorium, 
35619 Highway 11, Buras, Louisiana 70041.
    CE FLNG representatives will be available at 5:30 p.m. to provide 
information and answer questions about the project.
    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 about their concerns.
    If you are a landowner receiving this notice, a CE FLNG 
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 in a federal or state court where 
compensation would be determined in accordance with state law.
    The ``For Citizens'' section of the FERC Web site (www.ferc.gov) 
provides more information about the FERC, the environmental review 
process, and LNG. This section also includes information about getting 
involved in FERC jurisdictional projects, and a citizens' guide 
entitled ``An Interstate Natural Gas Facility On My Land? What Do I 
Need to Know?'' This guide addresses a number of frequently-asked 
questions including the use of eminent domain and how to participate in 
the Commission's proceedings.

Summary of the Planned Project

    CE FLNG plans to construct and operate a LNG export terminal, and 
approximately 37 miles of 42-inch-diameter natural gas transmission 
pipeline in Plaquemines Parish, Louisiana. The LNG terminal would be 
located along the east bank of the Mississippi River at approximately 
mile marker 12.5, northeast of the community of Venice. CE FLNG plans 
to moor two self-propelled, natural gas liquefaction, storage, and 
offloading vessels at the terminal. The floating LNG (FLNG) vessels 
would each be about 1,100 feet long, 180 feet wide, and extend up to 80 
feet above the waterline. The FLNG vessels would be capable of 
producing up to 8 million tons per annum of LNG and storing 250,000 
cubic meters of LNG.
    Approximately 80 to 130 LNG carriers (LNGC), with cargo capacities 
ranging from 125,000 to 170,000 cubic meters, would call upon the 
terminal each year during operation. CE FLNG plans to use tug boats to 
maneuver the FLNG vessels and LNGCs. During storm events, the vessels 
could leave the terminal for the Gulf of Mexico. A CE FLNG office would 
be located at the Venice Port Complex, and the tug boats would operate 
out of that port.
    The planned transmission pipeline would connect the terminal to 
existing natural gas infrastructure facilities. The northern terminus 
of the pipeline would connect with a Tennessee Gas Pipeline Company 
pipeline and the southern pipeline terminus would connect with the 
Targa Gas Plant and Gulf South Pipeline Company, Texas Eastern 
Transmission Company, and Columbia Gulf Transmission pipelines.
    The general locations of the planned facilities are shown in 
Appendix 1.\1\
---------------------------------------------------------------------------

    \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 ``eLibrary'' or from the Commission's Public 
Reference Room, 888 First Street NE., Washington, DC 20426, (202) 
502-8371. For instructions on using eLibrary, refer to the last page 
of this notice.
---------------------------------------------------------------------------

Land Requirements

    Constructing the LNG terminal along the east bank of the 
Mississippi River would require dredging approximately 125 acres of 
wetlands/open water. Additional lands and waters could be impacted by 
the establishment of safety zones for operation of the LNG terminal and 
LNGCs calling on the terminal. Any safety zones would be established by 
the U.S. Coast Guard-New Orleans Sector (Coast Guard) following a 
review of safety and security issues. CE FLNG is currently evaluating 
potential sites for dredge material placement. Dredge disposal would be 
authorized by the U.S. Army Corps of Engineers-New Orleans District 
(USACOE). Constructing the pipeline would require the temporary use of 
approximately 900 acres of wetland/open water, and the permanent use of 
approximately 225 acres of wetland/open water to maintain and operate 
the pipeline.

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 Order 
Granting Section 3 Authorization, and a Certificate of Public 
Convenience and Necessity under Section 7 of the Natural Gas Act (NGA). 
The NEPA also requires us \2\ to discover and address concerns the 
public may have about proposals. This discovery process is commonly 
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

[[Page 75558]]

preparation of the EIS, and addressed as appropriate.
---------------------------------------------------------------------------

    \2\ ``We'', ``us'', and ``our'' refer to the environmental staff 
of the Commission's Office of Energy Projects.
---------------------------------------------------------------------------

    In the EIS we will describe the impacts that could occur as a 
result of constructing and operating the planned 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;
     navigation; and
     cumulative impacts.
    We 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, 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 contacted several federal agencies and will also contact state 
agencies to discuss their involvement in the scoping process and the 
preparation of an EIS.
    The EIS will present our independent analysis of the issues. We 
will publish and distribute a 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 below.
    The FERC is the lead federal agency in preparing the EIS to satisfy 
the requirements of the NEPA. With this notice, we are asking agencies 
with jurisdiction by law and/or special expertise with respect to the 
environmental issues related to this project to formally cooperate with 
us in the preparation of the EIS.\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.
---------------------------------------------------------------------------

    \3\ The Council on Environmental Quality regulations addressing 
cooperating agency responsibilities are at Title 40, Code of Federal 
Regulations, 1501.6.
---------------------------------------------------------------------------

    Currently, the U.S. Department of Energy-Office of Fossil Energy 
(DOE), the USACOE, and the Coast Guard have expressed their intention 
to participate as cooperating agencies in the preparation of the EIS to 
satisfy their NEPA responsibilities related to this project. The USACOE 
has jurisdictional authority pursuant to Section 404 of the Clean Water 
Act, which governs the discharge of dredged or fill material into 
waters of the United States, and Section 10 of the Rivers and Harbors 
Act, which regulates any work or structures that potentially affect the 
navigability of a waterway. The Coast Guard is the federal agency 
responsible for determining the suitability of waterways for LNG marine 
traffic. The Coast Guard exercises regulatory authority over LNG 
facilities that affect the safety and security of port areas and 
navigable waterways under Executive Order 10173, the Magnuson Act, the 
Ports and Waterways Safety Act, and the Maritime Transportation 
Security Act.

Involvement of U.S. Department of Energy

    Under Section 3 of the NGA, the DOE would authorize applications to 
export natural gas, including LNG, unless it finds that the proposed 
export would not be consistent with the public interest. The purpose 
and need for DOE action is to respond to the application filed by CE 
FLNG on September 21, 2012 with the DOE (FE Docket No. 12-123-LNG), 
seeking authorization to export 1.07 billion cubic feet per day of 
domestic natural gas as LNG. CE FLNG requested to export LNG from its 
proposed terminal in Plaquemines Parish, Louisiana for a 30-year period 
commencing from the earlier of the date of first export or ten years 
from the date that the requested authorization was issued to any 
country: (1) That has, or in the future develops, the capacity to 
import LNG; and (2) with which trade is not prohibited by U.S. law or 
policy.

Notice of Floodplain Involvement

    Because the planned project would 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 EIS will include a floodplain assessment, as 
appropriate, and a floodplain statement of findings will be included in 
any DOE finding of no significant impact.

Consultations Under Section 106 of the National Historic Preservation 
Act

    In accordance with the Advisory Council on Historic Preservation's 
regulations implementing Section 106 of the National Historic 
Preservation Act, we are using this notice to initiate consultations 
with the Louisiana 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\ Staff will define the project-specific Area of 
Potential Effects (APE) in consultation with the SHPO as the project is 
more fully developed. For natural gas projects, the APE usually 
encompasses all areas subject to ground disturbance (examples include 
construction right-of-way, contractor/pipe storage yards, access roads, 
and aboveground facilities). The EIS will document our findings on 
project-related effects on historic properties and summarize the status 
of Section 106 consultations.
---------------------------------------------------------------------------

    \4\ 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.
---------------------------------------------------------------------------

Currently Identified Environmental Issues

    Based on our preliminary review of the planned facilities and 
information provided by CE FLNG, we have identified several issues that 
we think deserve attention. This preliminary list of issues may be 
changed based on your comments and our ongoing environmental analysis. 
These issues are:
     Coastal zone management;
     wetland loss;
     dredging and dredge material placement;
     essential fish habitat;
     recreational and commercial fisheries;
     shipping traffic and marine safety;
     visual impacts;
     air quality;
     water use;
     socioeconomics; and
     public safety.

Public Participation

    You can make a difference by providing us with your specific 
comments about the project. Your comments should focus on the potential 
environmental impacts, 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 considered 
in a timely manner and properly recorded, please send your comments so 
that the Commission receives them in Washington, DC on or before 
January 6, 2014.
    For your convenience, there are three methods you can use to submit 
your

[[Page 75559]]

comments to the Commission. In all instances, please reference the 
project docket number (PF13-11-000) 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 
Documents and Filings heading. This is an easy method for interested 
persons to submit brief, text-only comments on a project;
    (2) You can also file your comments electronically using the 
eFiling feature located on the Commission's Web site (www.ferc.gov) 
under the Documents and Filings heading. 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; 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. 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 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 EIS instead of the compact disc version, or if you 
would like to remove your name from the mailing list, please return the 
attached Information Request (Appendix 2).

Becoming an Intervenor

    Once CE FLNG 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 can be 
found under the ``Getting Involved'' heading of the ``For Citizens'' 
section on the FERC 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. Click on the eLibrary 
link, click on ``General Search'' and enter the docket number, 
excluding the last three digits (PF13-11). 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: December 5, 2013.
Kimberly D. Bose,
Secretary.
[FR Doc. 2013-29600 Filed 12-11-13; 8:45 am]
BILLING CODE 6717-01-P