[Federal Register Volume 87, Number 124 (Wednesday, June 29, 2022)]
[Notices]
[Pages 38738-38741]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-13818]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP22-466-000]


WBI Energy Transmission, Inc.; Notice of Intent To Prepare an 
Environmental Impact Statement for the Proposed Wahpeton Expansion 
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 Wahpeton Expansion 
Project (Project) involving construction and operation of facilities by 
WBI Energy Transmission, Inc. (WBI Energy) in Cass and Richland 
Counties, North Dakota. 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.
    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 
whenever it considers the issuance of a Certificate of Public 
Convenience and Necessity. This gathering of public input is referred 
to as ``scoping.'' By notice issued on January 4, 2022, in Docket No. 
PF21-4-000, the Commission opened a scoping period during WBI Energy's 
planning process for the Project and prior to filing a formal 
application with the Commission, a process referred to as ``pre-
filing.'' WBI Energy has now filed an application with the Commission, 
and staff intends to prepare an EIS that will address the concerns 
raised during the pre-filing scoping process and comments received in 
response to 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 July 22, 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.
    As mentioned above, during the pre-filing process, the Commission 
opened a scoping period which expired on February 3, 2022; however, 
Commission staff continued to accept comments during the entire pre-
filing process. Staff also held two virtual scoping sessions to take 
oral scoping comments. Those sessions were held on January 25 and 27, 
2022. All substantive written and oral comments provided during pre-
filing will be addressed in the EIS. Therefore, if you submitted 
comments on this Project to the Commission during the pre-filing 
process in Docket No. PF21-4-000 you do not need to file those comments 
again.
    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.
    WBI Energy 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

[[Page 38739]]

(www.ferc.gov) under the Natural Gas Questions or Landowner Topics 
link.

Public Participation

    There are three 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 (CP22-
466-000) 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, MD 20852.
    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

    WBI Energy proposes to construct and operate about 60.5 miles of 
12-inch-diameter natural gas pipeline from WBI Energy's existing 
Mapleton Compressor Station near Mapleton, North Dakota to a new meter 
station near Wahpeton, North Dakota. The Wahpeton Expansion Project 
would provide about 20.6 million standard cubic feet of natural gas per 
day to southeastern North Dakota. According to WBI Energy, its Project 
would provide additional natural gas supply to Wahpeton, North Dakota 
and new natural gas service to Kindred, North Dakota, as requested by 
Montana-Dakota Utilities Co. (MDU).
    The Wahpeton Expansion Project would consist of the following 
facilities in addition to the pipeline, all in North Dakota:
     modifications (installation of additional equipment and 
facilities, but no additional compression) to WBI Energy's existing 
Mapleton Compressor Station in Cass County to facilitate a tie-in to 
WBI's existing pipeline system.
     two delivery stations (MDU-Kindred Border Station and MDU-
Wahpeton Border Station) in Cass and Richland Counties;
     seven block valve settings (Valve Site 1 would be located 
within the existing Mapleton Compressor Station and Valve Sites 3 and 7 
would be collocated within the two delivery stations);
     four pig launcher/receiver settings \1\ collocated with 
Valve Sites 1, 2, 5, and 7; and
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    \1\ A ``pig'' is a tool that the pipeline company inserts into 
and pushes through the pipeline for cleaning the pipeline, 
conducting internal inspections, or other purposes.
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     possible farm taps (unspecified number and locations at 
this time).
    The general location of the Project facilities is shown in appendix 
1.\2\
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    \2\ 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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    Construction of the proposed facilities would disturb at least 
791.5 acres of land for the pipeline, aboveground facilities, and 
associated workspaces, of which approximately 728 acres are 
agricultural lands (crops, pasture, hayfields). Following construction, 
WBI Energy would maintain at least 372.5 acres for permanent operation 
of the Project's facilities; the remaining acreage would be restored 
and revert to former uses. Approximately 346 acres of permanent 
operational footprint would be within agricultural lands, which would 
be allowed to revert to agricultural uses. About 51 percent of the 
proposed pipeline route parallels existing electric transmission line, 
railroad, and road rights-of-way.
    Based on an initial review of WBI Energy's and public comments 
received during the pre-filing process, Commission staff have 
identified several expected impacts that deserve attention in the EIS. 
The Project would impact 20 waterbodies, crossing 18 using a guided 
bore which would largely avoid impacts on the waterbodies except for 
potential temporary equipment bridge crossings. Two ephemeral 
waterbodies (roadside ditches) would be crossed using open-cut methods. 
Five additional ephemeral waterbodies (roadside ditches) would be 
crossed by access roads.
    Of the 8.5 acres of wetland which could be impacted by the Project, 
approximately 6.3 acres, including 0.4 acre of forested wetlands, would 
be impacted during the open-cut construction method for installation of 
the pipeline. The remainder of wetland impacts would result from access 
roads, aboveground facilities, and pipe yards. In total, approximately 
0.10 acre of permanent wetland impact is anticipated, of which most 
would result from a conversion in type of wetland (from forested to 
emergent); less than 0.01 acre would consist of permanent fill of a 
roadside ditch for a permanent access road.
    Other potential impacts associated with the Project would include:
     noise resulting from 24-hour construction activities;
     construction through areas with drain tiles;
     disturbance of wildlife species and habitats (although 
most areas proposed for disturbance consist of agricultural land);
     disturbance of soils and subsequent restoration of 
farmland;
     air emissions during construction; and
     environmental justice.

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 and environmental justice;
     land use;
     cumulative impacts;
     air quality and noise; and
     reliability and safety.
    Commission staff will also make recommendations on how to lessen or

[[Page 38740]]

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 library \3\ 
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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    \3\ 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.\4\ Alternatives currently under consideration include:
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    \4\ 40 CFR 1508.1(z).
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     the no-action alternative, meaning the Project is not 
implemented;
     four system alternatives;
     possible route alternatives and route variations;
     possible aboveground facility alternatives for delivery 
stations; and
     construction method 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.

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 initiated section 106 consultation for 
the Project in the notice issued on January 4, 2022, with the North 
Dakota 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.\5\ This notice is a continuation of section 106 
consultation for the Project. 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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    \5\ 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 10, 2022, the Commission issued its Notice of Application 
for the Project. Among other things, that notice 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 
November 2022.

Issuance of Notice of Availability of the final EIS--April 7, 2023
90-day Federal Authorization Decision Deadline \6\--July 6, 2023
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    \6\ 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...................................  Certificate of Public
                                          Convenience and Necessity
                                          under Section 7c of the
                                          Natural Gas Act.
U.S. Army Corps of Engineers...........  Section 404 of the Clean Water
                                          Act.
U.S. Fish and Wildlife Service.........  Section 7 of the Endangered
                                          Species Act.
North Dakota Department of               Water Quality Certificate under
 Environmental Quality.                   Section 401 of the Clean Water
                                          Act.
State Historical Society of North        Section 106 of the National
 Dakota.                                  Historic Preservation Act.
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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; 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.

[[Page 38741]]

    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 [email protected] stating your 
request. You must include the docket number CP22-466-000 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., 
CP22-466). 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: June 22, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022-13818 Filed 6-28-22; 8:45 am]
BILLING CODE 6717-01-P