[Federal Register Volume 82, Number 21 (Thursday, February 2, 2017)]
[Notices]
[Pages 9064-9067]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-02223]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. PF17-3-000]


Cheniere Midstream Holdings, Inc.; Notice of Intent To Prepare an 
Environmental Impact Statement for the Planned Midcontinent Supply 
Header Interstate Pipeline Project, Request for Comments on 
Environmental Issues, and Notice of Public Scoping Sessions

    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 Midcontinent Supply 
Header Interstate Pipeline Project (MIDSHIP Project) involving 
construction and operation of facilities by Cheniere Midstream 
Holdings, Inc. (Cheniere Midstream) in Kingfisher, Canadian, Grady, 
Garvin, Stephens, Carter, Johnston, and Bryan Counties, Oklahoma and 
leased capacity on existing pipeline infrastructure in Oklahoma, Texas, 
and Louisiana. The Commission will use this EIS in its decision-making 
process to determine whether the project is 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 on the project. 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. 
Your input will help the Commission staff determine what issues they 
need to evaluate in the EIS. 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 February 27, 2017.
    If you sent comments on this project to the Commission before the 
opening of this docket on November 9, 2016, you will need to file those 
comments in Docket No. PF17-3-000 to ensure they are considered as part 
of this proceeding.
    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 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 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.

Public Participation

    For your convenience, there are four methods you can use to submit 
your comments to the Commission. The Commission will provide equal 
consideration to all comments received, whether filed in written form 
or provided verbally. The Commission encourages electronic filing of 
comments and has expert staff available to assist you at (202) 502-8258 
or [email protected]. Please carefully follow these instructions so that 
your comments are properly recorded.
    (1) You can file your comments electronically using the eComment 
feature on the Commission's Web site (www.ferc.gov) under the link to

[[Page 9065]]

Documents and Filings. This is an easy method for submitting brief, 
text-only comments on a project;
    (2) You can file your comments electronically by using the eFiling 
feature 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.'' If you are filing a comment on a particular project, 
please select ``Comment on a Filing'' as the filing type; or
    (3) You can file a paper copy of your comments by mailing them to 
the following address. Be sure to reference the project docket number 
(PF17-3-000) with your submission: Kimberly D. Bose, Secretary, Federal 
Energy Regulatory Commission, 888 First Street NE., Room 1A, 
Washington, DC 20426.
    (4) In lieu of sending written or electronic comments, the 
Commission invites you to attend one of the public scoping session(s) 
its staff will conduct in the project area, scheduled as follows:

------------------------------------------------------------------------
           Date and time                          Location
------------------------------------------------------------------------
Monday, February 13, 2017, 4:00 to  Donald W. Reynolds Community Center,
 8:00 p.m.                           323 West Beech Street, Durant, OK
                                     74701, (580) 924-3486.
Tuesday, February 14, 2017, 4:00    Ardmore Convention Center, 2401
 to 8:00 p.m.                        North Rockford Road, Ardmore, OK
                                     73401, (580) 226-2862.
Wednesday, February 15, 2017, 4:00  Elmore City Community Center, 104 S
 to 8:00 p.m.                        Main Street, Elmore City, OK 73433,
                                     (580) 788-2345.
Thursday, February 16, 2017, 4:00   Redlands Community College, 1300
 to 8:00 p.m.                        South Country Club Road, El Reno,
                                     OK 73036, (405) 262-2552.
------------------------------------------------------------------------

    The primary goal of these scoping sessions is to have you identify 
the specific environmental issues and concerns that should be 
considered in the EIS to be prepared for this project. Individual 
verbal comments will be taken on a one-on-one basis with a court 
reporter. This format is designed to receive the maximum amount of 
verbal comments, in a convenient way during the timeframe allotted.
    Each scoping session is scheduled from 4:00 p.m. to 8:00 p.m. 
Central Standard Time. You may arrive at any time after 4:00 p.m. There 
will not be a formal presentation by Commission staff when the session 
opens. If you wish to speak, the Commission staff will hand out numbers 
in the order of your arrival; distribution of numbers will be 
discontinued at 7:00 p.m. Please see appendix 1 for additional 
information on the session format and conduct.\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 link called ``eLibrary'' or from the 
Commission's Public Reference Room, 888 First Street NE., 
Washington, DC 20426, or by calling (202) 502-8371. For instructions 
on connecting to eLibrary, refer to the last page of this notice.
---------------------------------------------------------------------------

    Your scoping comments will be recorded by the court reporter (with 
FERC staff or a representative present) and become part of the public 
record for this proceeding. Transcripts will be publicly available on 
FERC's eLibrary system (see below for instructions on using eLibrary). 
If a significant number of people are interested in providing verbal 
comments in the one-on-one settings, a time limit of 5 minutes may be 
implemented for each commentor.
    It is important to note that verbal comments hold the same weight 
as written or electronically submitted comments. Although there will 
not be a formal presentation, Commission staff will be available 
throughout the comment session to answer your questions about the 
environmental review process. Representatives from Cheniere Midstream 
will also be present to answer project-specific questions.
    Please note this is not your only public input opportunity; please 
refer to the review process flow chart in appendix 2.

Summary of the Planned Project

    Cheniere Midstream plans to construct and operate about 218.4 miles 
of mainline and lateral natural gas pipeline and appurtenant facilities 
from Okarche to Bennington, Oklahoma, and to lease approximately 353.0 
miles of existing pipeline capacity.
    Zone 1 of the MIDSHIP Project would consist of the following 
facilities in Oklahoma:
     Approximately 198.1 miles of new 36-inch-diameter mainline 
pipeline in Kingfisher, Canadian, Grady, Garvin, Stephens, Carter, 
Johnston, and Bryan Counties;
     approximately 20.3 miles of new 24-inch-diameter lateral 
pipeline (referred to as the ``Chisholm Lateral'') in Kingfisher 
County;
     three new compressor stations, totaling 124,710 
horsepower, in Canadian, Garvin, and Bryan Counties;
     nine receipt and two delivery meter stations in 
Kingfisher, Canadian, Grady, Garvin, and Bryan Counties; and
     other appurtenant facilities.
    Zone 2 of the MIDSHIP Project would involve 353.0 miles of existing 
pipeline capacity leased from the Midcontinent Express Pipeline LLC, 
and/or Gulf Crossing Pipeline Company LLC pipelines, operated by Kinder 
Morgan and Boardwalk Pipeline Partners, LP, respectively.\2\ The 
planned leased capacity would begin at Bennington, Oklahoma, and end at 
interconnects in the Perryville Hub area near Tallulah, Louisiana.
---------------------------------------------------------------------------

    \2\ Cheniere Midstream will determine the system or systems on 
which pipeline capacity would be leased prior to submission of a 
certificate application.
---------------------------------------------------------------------------

    According to Cheniere Midstream, the two-zone system would provide 
about 1.4 billion cubic feet of natural gas per day from the South 
Central Oklahoma Oil Province (SCOOP) and Sooner Trend Anadarko Basin 
Canadian and Kingfisher (STACK) plays in Oklahoma to growing Gulf Coast 
markets via deliveries to existing market hubs near Atlanta, Texas and 
Perryville, Louisiana. The general location of the planned project 
facilities is shown in appendix 3.

Land Requirements for Construction

    Construction of the planned facilities would disturb about 3,003 
acres of land for the new mainline, Chisholm Lateral, and aboveground 
facilities. Cheniere Midstream would maintain about 1,431 acres for 
permanent operation of the MIDSHIP Project's facilities following 
construction; the remaining acreage would be restored and revert to 
former uses. About 66 percent of the planned mainline route and about 
93 percent of the Chisholm Lateral route parallel existing pipeline or 
utility rights-of-way. Cheniere Midstream would not construct any new 
facilities or facility expansions as part of Zone 2.

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

[[Page 9066]]

whenever it considers the issuance of a Certificate of Public 
Convenience and Necessity. NEPA also requires us \3\ 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 address in the EIS. We will consider all filed comments 
during the preparation of the EIS.
---------------------------------------------------------------------------

    \3\ ``We,'' ``us,'' and ``our'' refer to the environmental staff 
of the Commission's Office of Energy Projects.
---------------------------------------------------------------------------

    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, fisheries, and wetlands;
     vegetation and wildlife;
     endangered and threatened species;
     socioeconomics;
     land use;
     cultural resources;
     air quality and noise;
     public safety; and
     cumulative impacts.
    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 
FERC receives an application. 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 2.
    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.\4\ 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.
---------------------------------------------------------------------------

    \4\ The Council on Environmental Quality regulations addressing 
cooperating agency responsibilities are at Title 40, Code of Federal 
Regulations, Part 1501.6.
---------------------------------------------------------------------------

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 applicable State Historic Preservation Offices (SHPO), and to 
solicit their views and those of other government agencies, interested 
Native American tribes, and the public on the project's potential 
effects on historic properties.\5\ We will define the project-specific 
Area of Potential Effects (APE) in consultation with the SHPOs 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). Our EIS for this project will 
document our findings on the impacts on historic properties and 
summarize the status of consultations under section 106.
---------------------------------------------------------------------------

    \5\ 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 of Historic 
Places.
---------------------------------------------------------------------------

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 Cheniere Midstream, and comments 
received at the project open houses. This preliminary list of issues 
may change based on your comments and our analysis:
     Impacts on water wells;
     threatened and endangered species;
     geological hazards; and
     pipeline route alternatives.

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 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 4).

Becoming an Intervenor

    Once Cheniere Midstream 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. Motions to intervene are more fully described at 
http://www.ferc.gov/resources/guides/how-to/intervene.asp. Instructions 
for becoming an intervenor are in the ``Document-less Intervention 
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., PF17-
3). Be sure you have selected an appropriate date range. For 
assistance, please contact FERC Online Support at 
[email protected] or toll free

[[Page 9067]]

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/docs-filing/esubscription.asp.
    Public sessions 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, Cheniere Midstream has established toll-free telephone 
numbers ((888) 214-7275 for general inquiries or (800) 305-2466 for 
landowner inquiries) and an email support address 
([email protected]) so that parties can contact them directly with 
questions about the project. You may also refer to Cheniere Midstream's 
project Web site for additional information at http://www.cheniere.com/pipelines/midship/.

    Dated: January 27, 2017.
Kimberly D. Bose,
Secretary.
[FR Doc. 2017-02223 Filed 2-1-17; 8:45 am]
 BILLING CODE 6717-01-P