[Federal Register Volume 87, Number 13 (Thursday, January 20, 2022)]
[Notices]
[Pages 3103-3105]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-01039]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket Nos. CP21-465-000; CP21-465-001; CP21-465-002]
Driftwood Pipeline LLC; Notice of Intent To Prepare an
Environmental Impact Statement for the Proposed Line 200 and Line 300
Project, Request for Comments on Environmental Issues, and Schedule for
Environmental Review
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 Line 200 and Line 300
Project (Project) involving construction and operation of facilities by
Driftwood Pipeline LLC (Driftwood) in Beauregard and Calcasieu
Parishes, Louisiana. The Commission will use this EIS in its decision-
making process to determine whether the Project is in the public
convenience and necessity. The schedule for preparation of the EIS is
discussed in the Schedule for Environmental Review section of this
notice.
This notice announces the opening of the scoping process the
Commission will use to gather input from the public and interested
agencies regarding the project. As part of the National Environmental
Policy Act (NEPA) review process, the Commission takes into account
concerns the public may have about proposals and the environmental
impacts that could result from its action whenever it considers the
issuance of a Certificate of Public Convenience and Necessity. This
gathering of public input is referred to as ``scoping.'' The main goal
of the scoping process is to focus the analysis in the environmental
document on the important environmental issues. Additional information
about the Commission's NEPA process is described below in the NEPA
Process and the EIS section of this notice.
By this notice, the Commission requests public comments on the
scope of issues to address in the environmental document, including
comments on potential alternatives and impacts, and any relevant
information, studies, or analyses of any kind concerning impacts
affecting the quality of the human environment. To ensure that your
comments are timely and properly recorded, please submit your comments
so that the Commission receives them in Washington, DC on or before
5:00 p.m. Eastern Time on February 14, 2022. Comments may be submitted
in written or oral form. Further details on how to submit comments are
provided in the Public Participation section of this notice.
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 proposed facilities. The company
would seek to negotiate a mutually acceptable easement agreement. You
are not required to enter into an agreement. However, if the Commission
approves the Project, the Natural Gas Act conveys the right of eminent
domain to the company. Therefore, if you and the company do not reach
an easement agreement, the pipeline company could initiate condemnation
proceedings in court. In such instances, compensation would be
determined by a judge in accordance with state law. The Commission does
not grant, exercise, or oversee the exercise of eminent domain
authority. The courts have exclusive authority to handle eminent domain
cases; the Commission has no jurisdiction over these matters.
Driftwood provided landowners with a fact sheet prepared by the
FERC entitled ``An Interstate Natural Gas Facility On My Land? What Do
I Need To Know?'' which addresses typically asked questions, including
the use of eminent domain and how to participate in the Commission's
proceedings. This fact sheet along with other landowner topics of
interest are available for viewing on the FERC website (www.ferc.gov)
under the Natural Gas Questions or Landowner Topics link.
Public Participation
There are four methods you can use to submit your comments to the
Commission. The Commission encourages electronic filing of comments and
has staff available to assist you at (866) 208-3676 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, which is located on the Commission's website (www.ferc.gov)
under the link to FERC Online. Using eComment 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, which is located on the Commission's website (www.ferc.gov)
under the link to FERC Online. 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 can file a paper copy of your comments by mailing them to
the Commission. Be sure to reference the project docket number (CP21-
465-000, -001, -002) on your letter. Submissions sent via the U.S.
Postal Service must be addressed to: Kimberly D. Bose, Secretary,
Federal Energy Regulatory Commission, 888 First Street NE, Room 1A,
Washington, DC 20426. Submissions sent via any other carrier must be
addressed to: Kimberly D. Bose, Secretary, Federal Energy Regulatory
Commission, 12225 Wilkins Avenue, Rockville, Maryland 20852.
(4) In lieu of sending written comments, the Commission invites you
to attend one of the virtual public scoping session(s) its staff will
conduct by telephone, scheduled as follows:
January 25 & 27, 2022
January 25, 2022
5:30 p.m.-7:30 p.m. CST
Call in number: 800-779-8625
Participant Passcode: 3472916
January 27, 2022
5:30 p.m.-7:30 p.m. CST
Call in number: 800-779-8625
Participant Passcode: 3472916
The primary goal of these scoping sessions is to have you identify
the specific environmental issues and concerns that should be
considered in the environmental document. Individual oral comments will
be taken on a one-on-one basis with a court reporter present on the
line. This format is designed to receive the maximum amount of oral
comments, in a convenient way during the timeframe allotted, and is in
response to the ongoing COVID-19 pandemic. No presentation will be
provided, or questions answered during the session. Prospective
commentors are encouraged to review Driftwood's application and
supplemental filings to familiarize themselves with the Project prior
to participating in the meeting. Instruction on how to access
Driftwood's filings are provided in the Additional Information section
of this notice. In addition to providing comments directly to FERC,
parcel-specific questions can be directed to Driftwood at
[email protected].
Each scoping session is scheduled from 5:30 p.m. to 7:30 p.m. CST.
You may call at any time after 5:30 p.m. at which time you will be
placed on mute
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and hold. Calls will be answered in the order they are received. Once
answered, you will have the opportunity to provide your comment
directly to a court reporter with FERC staff or representative present
on the line. A time limit of three minutes will be implemented for each
commentor.
Transcripts of all comments received during the scoping sessions
will be publicly available on FERC's eLibrary system (see the last page
of this notice for instructions on using eLibrary).
It is important to note that the Commission provides equal
consideration to all comments received, whether filed in written form
or provided at a virtual scoping session.
Additionally, the Commission offers a free service called
eSubscription. This service provides automatic notification of filings
made to subscribed dockets, document summaries, and direct links to the
documents. Go to https://www.ferc.gov/ferc-online/overview to register
for eSubscription.
Summary of the Proposed Project, the Project Purpose and Need, and
Expected Impacts
Driftwood proposes to construct and operate dual 42-inch-diameter
natural gas pipelines originating near Ragley in Beauregard Parish,
Louisiana southward to a proposed receiver facility near Carlyss in
Calcasieu Parish, Louisiana. Additional facilities include one new
compressor station, twelve meter stations, six mainline valves, and
other aboveground facilities. The Project would provide a maximum
seasonal capacity of 5.7 billion cubic feet of natural gas per day
(Bcf/d) to the Lake Charles market. According to Driftwood, its Project
would provide enhanced supply access, resilience, and reliability to
the natural gas market in the Lake Charles area.
The Project would consist of the following facilities:
Installation of 36.9 miles of 42-inch-diameter pipeline in
Beauregard and Calcasieu Parishes, Louisiana (Line 200);
installation of 30.8 miles of 42-inch-diameter pipeline in
Beauregard and Calcasieu Parishes, Louisiana (Line 300);
installation of the new Indian Bayou Compressor Station
(up to 211,200 horsepower) of electric-driven compression in Beauregard
Parish);
installation of twelve new meter stations in Beauregard
and Calcasieu Parishes;
installation of a dual receiver facility at the terminus
of Line 200 and Line 300 in Calcasieu Parish; and
installation of six new mainline valves in Beauregard and
Calcasieu Parishes.
The general location of the Project 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''. For instructions on
connecting to eLibrary, refer to the last page of this notice. At
this time, the Commission has suspended access to the Commission's
Public Reference Room due to the proclamation declaring a National
Emergency concerning the Novel Coronavirus Disease (COVID-19),
issued by the President on March 13, 2020. For assistance, contact
FERC at [email protected] or call toll free, (886) 208-3676
or TTY (202) 502-8659.
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Based on the environmental information provided by Driftwood,
construction of the proposed facilities would disturb about 894.7 acres
of land for the aboveground facilities and the pipelines. Following
construction, Driftwood would maintain about 410.3 acres for operation
of the Project facilities; the remaining acreage would be restored.
Based on an initial review of Driftwood's proposal, Commission
staff have identified several expected impacts that deserve attention
in the EIS. The Project would impact 192 waterbodies, 169.6 acres of
wetland, 304.3 acres of agriculture lands, 163.7 acres of forest and
117.3 acres of pine plantation, 84 acres of open land, and additional
residential, industrial, and open lands. In addition to these Project
impacts, landowners along the route may also be affected by
construction and operation of the authorized Louisiana Connector
Project and the Driftwood Project, and other proposed residential, road
improvement, and electric utility projects. A segment of the proposed
route has been identified as a low-income environmental justice
community. Schools, churches, and libraries within these environmental
justice communities, along with known environmental justice
organizations, have been included on the Commission's environmental
mailing list for the project, as further explained in the Environmental
Mailing List section of this notice.
The NEPA Process and the EIS
The EIS issued by the Commission will discuss impacts that could
occur as a result of the construction and operation of the proposed
Project under the relevant general resource areas:
Geology and soils;
water resources and wetlands;
vegetation and wildlife;
threatened and endangered species;
cultural resources;
socioeconomics;
environmental justice;
land use;
air quality and noise; and
reliability and safety.
Commission staff will also make recommendations on how to lessen or
avoid impacts on the various resource areas. Your comments will help
Commission staff focus its analysis on the issues that may have a
significant effect on the human environment.
The EIS will present Commission staff's independent analysis of the
issues. Staff will prepare a draft EIS which will be issued for public
comment. Commission staff will consider all timely comments received
during the comment period on the draft EIS and revise the document, as
necessary, before issuing a final EIS. Any draft and final EIS will be
available in electronic format in the public record through eLibrary
\2\ and the Commission's natural gas environmental documents web page
(https://www.ferc.gov/industries-data/natural-gas/environment/environmental-documents). If eSubscribed, you will receive instant
email notification when the environmental document is issued.
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\2\ For instructions on connecting to eLibrary, refer to the
last page of this notice.
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Alternatives Under Consideration
The EIS will evaluate reasonable alternatives that are technically
and economically feasible and meet the purpose and need for the
proposed action.\3\ Alternatives currently under consideration include:
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\3\ 40 CFR 1508.1(z).
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The no-action alternative, meaning the Project is not
implemented;
the natural gas compression alternative;
pipeline system alternatives;
pipeline route alternatives; and
aboveground facility site alternatives.
With this notice, the Commission requests specific comments
regarding any additional potential alternatives to the proposed action
or segments of the proposed action. Please focus your comments on
reasonable alternatives (including alternative facility sites and
pipeline routes) that meet the Project objectives, are technically and
economically feasible, and avoid or lessen environmental impact. Please
provide as much detail on any potential reasonable alternative as
possible (e.g., maps, sketches, reasons for the alternative,
comparative impacts to the proposed route) to facilitate the
Commissions review of the alternative.
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Consultation 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, the Commission is using this notice to initiate
section 106 consultation for the Project with the applicable State
Historic Preservation Office, and other government agencies, interested
Indian tribes, and the public to solicit their views and concerns
regarding the Project's potential effects on historic properties.\4\
The Project EIS will document 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, 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.
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Schedule for Environmental Review
On June 30, 2021, the Commission issued its Notice of Application
for the Project. On October 13, 2021, Driftwood filed a supplement to
its Application consisting of alignment modifications, workspace
adjustments, and the addition and removal of aboveground facilities.
The Commission issued a Notice of Amendment to Application on October
20, 2021 which established docket number CP21-465-001. On October 29,
2021, Driftwood filed a second amendment to its application requesting
an increase in the requested transportation capacity from the
originally proposed nominal capacity of 4.6 billion cubic feet per day
Bcf/d to a nominal capacity of 5.4 Bcf/d, with a maximum seasonal
capacity of 5.7 Bcf/d. The Commission subsequently issued a Notice of
Amendment to Application on November 11, 2021 which established docket
number CP21-465-002.
Among other things, the Notice of Application alerted other
agencies issuing federal authorizations of the requirement to complete
all necessary reviews and to reach a final decision on the request for
a federal authorization within 90 days of the date of issuance of the
Commission staff's final EIS for the Project. This notice identifies
the Commission staff's planned schedule for completion of the final EIS
for the Project, which is based on an issuance of the draft EIS in May
2022.
Issuance of Notice of Availability of the final EIS--September 15, 2022
90-day Federal Authorization Decision Deadline \5\--December 14, 2022
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\5\ The Commission's deadline applies to the decisions of other
federal agencies, and state agencies acting under federally
delegated authority, that are responsible for federal
authorizations, permits, and other approvals necessary for proposed
projects under the Natural Gas Act. Per 18 CFR 157.22(a), the
Commission's deadline for other agency's decisions applies unless a
schedule is otherwise established by federal law.
If a schedule change becomes necessary for the final EIS, an
additional notice will be provided so that the relevant agencies are
kept informed of the Project's progress.
Permits and Authorizations
The table below lists the anticipated permits and authorizations
for the Project required under federal law. This list may not be all-
inclusive and does not preclude any permit or authorization if it is
not listed here. Agencies with jurisdiction by law and/or special
expertise may formally cooperate in the preparation of the Commission's
EIS and may adopt the EIS to satisfy its NEPA responsibilities related
to this Project. 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.
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Agency Permit
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FERC...................................... Section 7 of the Natural Gas
Act.
U.S. Army Corps of Engineers.............. Section 404 of the Clean
Water Act.
Section 10 of the Rivers and
Harbors Act of 1899.
U.S. Fish and Wildlife Service............ Section 7 of Endangered
Species Act Consultation.
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Environmental Mailing List
This notice is being sent to the Commission's current environmental
mailing list for the Project which includes federal, state, and local
government representatives and agencies; elected officials;
environmental and public interest groups, including environmental
justice organizations; 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 and includes a mailing address with their comments.
Commission staff will update the environmental mailing list as the
analysis proceeds to ensure that Commission notices related to this
environmental review are sent to all individuals, organizations, and
government entities interested in and/or potentially affected by the
proposed Project. State and local government representatives should
notify their constituents of this proposed project and encourage them
to comment on their areas of concern.
If you need to make changes to your name/address, or if you would
like to remove your name from the mailing list, please complete one of
the following steps:
(1) Send an email to GasProject [email protected] stating your
request. You must include the docket number CP21-465-002 in your
request. If you are requesting a change to your address, please be sure
to include your name and the correct address. If you are requesting to
delete your address from the mailing list, please include your name and
address as it appeared on this notice. This email address is unable to
accept comments.
OR
(2) Return the attached ``Mailing List Update Form'' (appendix 2).
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 website at www.ferc.gov using the eLibrary link. Click on the
eLibrary link, click on ``General Search'' and enter the docket number
in the ``Docket Number'' field, excluding the last three digits (i.e.,
CP21-465). Be sure you have selected an appropriate date range. For
assistance, please contact FERC Online Support at
[email protected] or (866) 208-3676, or for TTY, contact (202)
502-8659. The eLibrary link also provides access to the texts of all
formal documents issued by the Commission, such as orders, notices, and
rulemakings.
Public sessions or site visits will be posted on the Commission's
calendar located at https://www.ferc.gov/news-events/events along with
other related information.
Dated: January 13, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022-01039 Filed 1-19-22; 8:45 am]
BILLING CODE 6717-01-P