[Federal Register Volume 87, Number 98 (Friday, May 20, 2022)]
[Notices]
[Pages 30867-30868]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-10795]


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

DEPARTMENT OF AGRICULTURE

Rural Utilities Service

[Docket #RUS-22-Electric-0014]


Next Era Energy Resources, LLC, Notice of Availability of a 
Record of Decision

AGENCY: Rural Utilities Service, USDA.

ACTION: Notice of availability of a record of decision.

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

SUMMARY: Notice is hereby given that the Rural Utilities Service (RUS), 
an agency within the Department of Agriculture (USDA), has issued a 
Record of Decision (ROD) to meet its responsibilities in accordance 
with the National Environmental Policy Act of 1969 (NEPA), Council on 
Environmental Quality (CEQ) regulations for implementing the procedural 
provisions of NEPA, RUS Environmental Policies and Procedure, and other 
applicable environmental requirements related to providing financial 
assistance for Next Era Energy Resources, LLC's (NEER or the Applicant) 
proposed Skeleton Creek Solar and Battery Storage Project (Project) in 
Oklahoma. The Administrator of RUS has signed the ROD, which was 
effective upon signing. This ROD concludes RUS environmental review 
process in accordance with NEPA and RUS, Environmental Policies and 
Procedures. The ultimate decision as to loan approval depends on the 
conclusion of the environmental review process plus financial and 
engineering analyses. Issuance of the ROD will allow these reviews to 
proceed. The ROD is not a decision on the NEER's loan application and 
is not an approval of the expenditure of federal funds.

DATES: The Administrator of the Rural Utilities Service signed the 
Record of Decision on May 16, 2022.

ADDRESSES: For further information, or to request copies of the ROD, 
contact Kristen Bastis, Archeologist, 
[email protected]. The ROD is also available at 
RUS website at https://www.rd.usda.gov/environmentalstudy/skeleton-creek-solar-and-battery-storage-project-garfield-county-oklahoma.

FOR FURTHER INFORMATION CONTACT: For further information, or to request 
copies of the ROD, contact Kristen Bastis, Archeologist, USDA, Rural 
Utilities Service, 1400 Independence Ave. SW, Mail Stop 1570, 
Washington, DC 20250, by phone at 202-692-4910, or email at 
[email protected].

SUPPLEMENTARY INFORMATION: The Applicant is a utility company with more 
than 180 MW of battery energy storage systems in operation across the 
United States and Canada. Since the Applicant entered into a Power 
Purchase Agreement (PPA) with Western Farmers Electric Cooperative 
(WFEC) for a 250-megawatt (MW) solar array and a 200-MW battery storage 
system, the Project's purpose and need is focused on meeting the PPA. 
The Project would allow the Applicant to provide the additional solar 
and battery generation capacity needed by WFEC to achieve this goal 
within the service territories of their member cooperatives. 
Specifically, the Project would provide a source of non-dispatchable 
power via solar panels that increase capacity during moderate to high 
power requirement periods, whereas battery storage would provide a 
source of dispatchable power that increases the reliability of 
generated power to the grid. The pairing of battery storage with solar 
panels would further allow WFEC to meet peak demand needs without 
adding additional fossil fuel consumption to the system and provide 
safe, adequate, reliable power at the lowest reasonable cost. In 
addition, the Project would help WFEC and the Southwest Power Pool to 
continue to comply with Oklahoma legislative declarations to facilitate 
the delivery of renewable energy.
    The Project consists of a 250-MW solar array, and a 200-MW/800-MWh 
storage facility in Garfield County, Oklahoma. The Project consists of 
four major components: Photovoltaic solar arrays, energy storage 
facilities, linear facilities, and transmission interconnection 
facilities (Proposed Action). The energy storage facilities consist of 
batteries, solar trackers, and solar power inverters. Linear facilities 
include a network of internal access roads, communication cables or 
lines, and a distribution power network for construction and operations 
control systems. The transmission interconnection facilities include a 
substation/switchyard that interconnects to the existing Oklahoma Gas 
and Electric Company (OG&E) 345-kV Woodring Substation via a gen-tie 
line. These components are explained in detail in the Final 
Environmental Impact Statement (FEIS).
    RUS is authorized under the Rural Electrification Act of 1936, as 
amended (7 U.S.C. 901 et seq.) to make loans and loan guarantees to 
finance the construction of electric distribution, transmission, and 
generation facilities, including system improvements and replacements 
required to furnish and improve electric service in rural areas, as 
well as demand-side management, electricity conservation programs, and 
on- and off-grid renewable electricity systems. NEER intends to request 
financial assistance from RUS for the Project. Along with other 
technical and financial considerations, completing the environmental 
review process is one of RUS's requirements in processing NEER's 
application.
    RUS is serving as the lead Federal agency, as defined at 40 CFR 
1501.7, for preparation of the FEIS. Cooperating agencies for this 
Project include the United States Army Corps of Engineers (USACE), the 
Bureau of Land Management (BLM), and the Bureau of Indian Affairs 
(BIA). The United States Fish and Wildlife Service (USFWS) is a 
participating agency for this Project. The USACE will review the 
Applicant's permit application, as required by Section 404 under the 
Clean Water Act. The USFWS will determine the likelihood of Project 
effects on listed species, as required under Section 7 of the 
Endangered Species Act.
    RUS prepared a Final Environmental Impact Statement (FEIS) and 
published a notice of availability in the Federal Register on April 7, 
2022, 87 FR 20387, to analyze the impacts of its respective Federal 
actions and the proposed Project in accordance with NEPA, the CEQ's 
Regulations for Implementing the Procedural Provisions of NEPA (40 CFR 
parts 1500-1508), and RUS Environmental Policies and Procedures (7 CFR 
part 1970).
    RUS determined that its action regarding the proposed Project is an 
undertaking subject to review under Section 106 of the National 
Historic Preservation Act and its implementing regulation, ``Protection 
of Historic

[[Page 30868]]

Properties'' (36 CFR part 800) and as part of its broad environmental 
review process, RUS must take into account the effect of the Project on 
historic properties. The National Historic Preservation Act (NHPA), 
Section 106 review is integrated with the NEPA review of cultural and 
historic resources in the FEIS in accordance with the guiding 
regulations of each law (40 CFR 1500-1508; 36 CFR 800.8). Thirty-nine 
tribes were invited to participate in the NHPA, Section 106 review 
process, attend the public scoping and Draft EIS meetings, and provide 
relevant information for inclusion in the EIS. Cultural and historic 
resources surveys within the area of potential effect identified one 
newly recorded historical archaeological site and 20 aboveground 
historical resources.
    The structure associated with the archaeological site is no longer 
extant and extensive disturbances from agricultural practices have 
impacted the vertical and horizontal integrity of the site. The site 
had no discernable features or diagnostic material that contribute to 
the research potential of the site. Therefore, RUS determined that the 
archaeological site is not eligible for the National Register of 
Historic Places (NRHP). Based on the photographic documentation and 
available research, one aboveground historic resource is eligible for 
the NRHP under Criterion C. However, due to the location of aboveground 
historic resource relative to the Project location (roughly 1 mile 
east), and the proposed maximum Project height, the Project will not be 
visible, and RUS determined that the Project would have no adverse 
effect. The potential still exists that post-review discoveries of 
archaeological resources could be identified during Project 
construction, and these would be addressed by RUS in accordance with 
the NHPA Section 106 regulations for post-review discoveries (36 CFR 
800.13).
    All substantive public comments associated with the FEIS have been 
taken into consideration and addressed in the ROD. Based on 
consideration of the environmental impacts of the Project and comments 
received throughout the agency and public review process, RUS has 
determined that the Proposed Action as described above best meets the 
purpose and need for the Project. RUS finds that the evaluation of 
reasonable alternatives is consistent with NEPA and RUS Environmental 
Policies and Procedures. Details regarding RUS regulatory decision and 
compliance with applicable regulations are included in the ROD.

Christopher A. McLean,
Acting Administrator, Rural Utilities Service.
[FR Doc. 2022-10795 Filed 5-19-22; 8:45 am]
BILLING CODE 3410-15-P