[Federal Register Volume 87, Number 137 (Tuesday, July 19, 2022)]
[Notices]
[Pages 43022-43028]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-15374]


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

DEPARTMENT OF ENERGY

Western Area Power Administration

[DOE/EIS-0543]


Rail Tie Wind Project Record of Decision

AGENCY: Western Area Power Administration, DOE.

ACTION: Record of decision.

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

SUMMARY: ConnectGen Albany County LLC (ConnectGen) filed two 
interconnection requests with the Western Area Power Administration 
(WAPA) to interconnect its proposed Rail Tie Wind Project (Project) to 
the Ault-Craig 345-kilovolt (kV) transmission line owed by WAPA, Tri-
State Generation and Transmission Association, and Platte River Power 
Authority. The proposed site of the 504-megawatt (MW) Project is in 
southeastern Albany County, Wyoming, on approximately 26,000 acres of 
private and State land. WAPA considered ConnectGen's interconnection 
requests in accordance with its established Open Access Transmission 
Service Tariff (Tariff), Federal Energy Regulatory Commission (FERC) 
Orders, and the Federal Power Act (FPA). An environmental impact 
statement (EIS) analyzed the environmental impacts of ConnectGen's 
proposed Project and WAPA's Federal action. Significant impacts on 
visual resources, certain historic properties, and eagles from turbine 
operations were identified; impacts on all other resources were found 
to be less than significant. Based upon the analysis of potential 
environmental impacts, and applicable procedures and standards for 
interconnection to WAPA's transmission system under its Tariff, FERC 
Orders and FPA requirements, WAPA has determined to approve 
ConnectGen's interconnection requests.

FOR FURTHER INFORMATION CONTACT: For further information contact Mark 
Wieringa, NEPA Document Manager, Headquarters Office A9402, Western 
Area Power Administration, P.O. Box 281213, Lakewood, CO 80228, 
telephone (720) 962-7448, or email [email protected].

SUPPLEMENTARY INFORMATION: WAPA is a Federal agency within the 
Department of Energy (DOE) that markets and transmits wholesale 
electrical power through an integrated 17,000-circuit mile, high-
voltage transmission system across 15 western states. WAPA's Tariff 
provides open access to its electric transmission system, in accordance 
with relevant FERC Orders. The Tariff's Large Generator Interconnection 
Procedures (LGIP) provide a framework for processing interconnection 
requests. WAPA's LGIP provides for transmission and system studies to 
ensure that reliability and service to existing customers are not 
adversely affected by new interconnections. System impact studies (SIS) 
take the proposed interconnection into account and model power flows to 
determine if there would be any potential power system issues, which 
are typically related to overloads. SIS also identify any system 
upgrades necessary to resolve power system issues and accommodate the 
interconnection request. System upgrades could include transmission 
line reconductoring, additional structures to maintain ground 
clearance, and substation equipment additions or replacements. WAPA's 
SIS, completed in 2020, determined that no additional system upgrades 
would be required to accommodate ConnectGen's proposed Project.
    ConnectGen filed two interconnection requests with WAPA to 
interconnect its proposed Project to the Ault-Craig 345-kV transmission 
line owned by WAPA, Tri-State Generation and Transmission Association, 
and Platte River Power Authority. WAPA initiated the LGIP process to 
consider ConnectGen's interconnection requests in accordance with the 
Tariff. Since system effects vary depending on the transmission line 
that would host the interconnection and the geographical location of 
the interconnection, an applicant must specify the point of 
interconnection in their request. ConnectGen filed two interconnection 
requests with WAPA, each 252 MW, to accommodate build-out of their 
proposed Project in two stages if necessary. However, there would be 
only one interconnection point on the Ault-Craig transmission line.
    ConnectGen's interconnection requests trigger the need for WAPA to 
consider taking a Federal action. Federal actions that have the 
potential to affect the human environment are subject to environmental 
review under the National Environmental Policy Act of 1969 (NEPA, 42 
U.S.C. 4321 et seq.). WAPA determined that while its Federal action to 
approve or deny ConnectGen's interconnection requests was a minor 
action environmentally, ConnectGen's proposed Project, as a

[[Page 43023]]

connected action, had the potential for significant environmental 
impacts. Therefore, WAPA determined that its Federal action combined 
with ConnectGen's proposed Project constituted a major Federal action 
requiring the preparation of an EIS. The completed EIS ensures WAPA's 
Administrator is presented with the impacts of both the Federal action 
and proposed Project when making an informed decision on the 
interconnection requests.

WAPA's Proposed Federal Action

    The proposed Federal action being considered by WAPA is whether to 
approve or deny ConnectGen's interconnection requests. FERC mandates, 
as reflected in WAPA's Tariff, and the FPA, as amended, generally 
require that interconnection requests be accommodated so long as 
capacity is available, operation of the power system would not be 
negatively affected, the applicant funds any necessary system upgrades, 
and existing power customers would not be impacted. WAPA can deny an 
interconnection request if any of these conditions are not met. If 
ConnectGen's interconnection request is approved, WAPA would construct, 
own, operate, and maintain an interconnection switchyard in the Project 
Area. The interconnection switchyard would be located adjacent to the 
existing Ault-Craig 345-kV transmission line within a fenced area of up 
to eight acres. It would consist of breakers, switches, buswork, other 
typical substation equipment, and a small control building, and would 
be funded and constructed by ConnectGen next to the westernmost Project 
substation. WAPA would own, operate, and maintain the switchyard as 
part of WAPA's transmission system.
    Under the No Action Alternative, WAPA would not approve the 
interconnection request, and the Project would not be allowed to 
connect to WAPA's transmission system. While this would not preclude 
the Project from being constructed and connected to a non-WAPA-managed 
transmission system, for the purposes of analysis, the EIS assumed that 
the Project would not be built. Rationale for this assumption includes: 
the nearest non-WAPA regional transmission lines would require a much 
longer generation-tie line (gen-tie line), affecting the economics of 
the Project; and any non-WAPA transmission lines may not have 
sufficient available transmission capacity to support ConnectGen's 
Project.

ConnectGen's Proposed Project

    ConnectGen proposes to develop a 504-MW wind energy generation 
Project comprised of 84 to 149 wind turbine generators and associated 
access roads, collection lines, a 4-mile 345-kV gen-tie line, 
meteorological towers, 2 substations, and an operations and maintenance 
building. ConnectGen's proposed site is in southeastern Albany County, 
Wyoming, on approximately 26,000 acres of private and State land. No 
federally managed lands are located within the Project Area. The 
Project Area is just north of the Colorado-Wyoming state line, 
approximately 15 miles south of Laramie, around Tie Siding on U.S. 
Highway 287. The Ault-Craig 345-kV transmission line bisects the 
Project Area from east to west. The westernmost of the proposed Project 
substations would be located adjacent to the transmission line and 
WAPA's switchyard. The approximately four-mile-long 345-kV gen-tie 
transmission line would connect the two ConnectGen substations, each 
consisting of about five acres.
    ConnectGen proposes to construct the Project in two phases, 
generally situated west and east of U.S. Highway 287. The wind turbines 
would be arranged in collinear strings within the 1,000-foot-wide 
corridors analyzed in the EIS. Project access roads and collector lines 
would be located within these corridors to the extent practicable. 
Final design will utilize the corridor width to site Project facilities 
to avoid cultural resources sites, sensitive natural resources, and 
areas of constructability constraints. The total number of wind 
turbines will depend on the turbine model selected and final Project 
design. ConnectGen's Project would also include about 60 miles of 
improved and new access roads, and temporary crane paths. An 
underground 34.5-kV collector line system would carry power from the 
turbines to the two Project substations; overhead lines could be 
required where bedrock prevents trenching.
    Other Project components would include two 15-acre temporary 
laydown yards, at least three self-supported 105-meter meteorological 
towers, and an approximately 7,000-square-foot operations and 
maintenance building within a security fenced area of about five acres. 
Section 2.2 of the final EIS describes ConnectGen's proposed Project in 
more detail.
    ConnectGen's Project was approved by the Albany County Board of 
County Commissioners on July 13, 2021, the Wyoming State Board of Land 
Commissioners on January 21, 2021, and the Wyoming Industrial Siting 
Council on November 2, 2021, with associated conditions. These 
conditions were incorporated into the Project's committed Environmental 
Protection Measures (table 2-6 in the final EIS). The design features, 
best management practices, and avoidance and minimization measures in 
table 2-6 are considered an integral part of the proposed Project to be 
implemented by ConnectGen. These measures, as described in detail in 
the Final EIS, reflect all practicable means to avoid or minimize 
environmental harm from the Project. WAPA may also include these 
mitigation measures as an appendix to the interconnection agreement.

Alternatives

    Given that WAPA's Federal action is to either approve or deny 
ConnectGen's interconnection requests, a yes or no decision, no 
additional alternatives beyond the proposed Federal action and the No 
Action Alternative were identified for analysis in the EIS. EIS 
alternatives must be reasonable and feasible alternatives to the 
proposed Federal action that meet the agency's purpose and need. WAPA 
has no interest or role in ConnectGen's proposed wind energy Project, 
nor will the agency have any sort of continuing involvement in the 
construction or operation of the Project other than its switchyard. As 
the proposed Project is a private sector development and does not 
involve any oversight or participation by WAPA in its construction or 
operation, ConnectGen's Project is not a Federal action. WAPA does not 
have jurisdiction over ConnectGen's proposed Project and does not 
possess the regulatory authority to approve or deny the siting, design, 
construction, or operation of the Project. Therefore, the proposed 
Project was analyzed as a connected action. Connected actions are 
actions that are ``closely related'' to a Federal action and ``should 
be discussed'' in the same NEPA document (40 CFR 1501.9(e)(1)). More 
specifically, connected actions ``(i) Automatically trigger other 
actions that may require environmental impact statements; (ii) Cannot 
or will not proceed unless other actions are taken previously or 
simultaneously; or (iii) Are interdependent parts of a larger action 
and depend on the larger action for their justification.'' Id. Design 
variations or options developed in conjunction with ConnectGen's 
proposed Project are not alternatives to WAPA's defined Federal action 
and, therefore, are not ``alternatives'' as defined by NEPA and 
applicable

[[Page 43024]]

implementing regulations (40 CFR 1502.14 and 1502.17; 10 CFR part 
1021).
    WAPA's proposed Federal action is limited to consideration of the 
interconnection requests submitted by ConnectGen within the established 
LGIP. WAPA must also consider the interconnection facilities and 
associated system upgrades that would be required, if any. ConnectGen's 
requests for interconnection of their proposed Project is the impetus 
for WAPA's need for Federal action. Consistent with 40 CFR 
1501.9(e)(1), WAPA fully analyzed the potential environmental effects 
of ConnectGen's Project in the EIS, as a connected action, to inform 
WAPA's Federal action decision. In the event that WAPA denies the 
interconnection request, the proposed Project would not be allowed to 
interconnect to the WAPA transmission system. ConnectGen's decision to 
construct their Project could proceed regardless of WAPA's involvement 
if the Project could interconnect with other non-WAPA transmission 
lines with sufficient available transmission capacity. This scenario 
was not analyzed in the EIS, as there would be no Federal nexus in that 
case and no WAPA Federal action to address under NEPA.

Significant Impacts

    The EIS analysis identified three areas where potentially 
significant environmental impacts could occur from developing and 
operating ConnectGen's proposed Project. The first is significant 
impacts on visual resources generally. The large wind turbines would 
result in an obvious man-made change to the existing visual environment 
that would be seen for a considerable distance, depending on the 
viewer's location and intervening topography. The Federal Aviation 
Administration (FAA)-required synchronized flashing red warning lights 
on each turbine nacelle would serve as a constant visual intrusion at 
night. ConnectGen will seek authorization from the FAA to install an 
Aircraft Detection Lighting System (ADLS), which would allow the red 
lighting to remain off until an approaching aircraft was detected. If 
the FAA does approve an ADLS for the Project, nighttime visual impacts 
would be greatly reduced.
    The second is significant adverse visual impacts to the Ames 
Monument National Historic Landmark (NHL) and to other National 
Register of Historic Places (NRHP) listed or eligible cultural 
resources where they were found associated with a significant event in 
history (NRHP Criterion A) or significant in their engineering or 
architecture (NRHP Criterion C) and where ``setting'' or ``feeling'' 
were aspects of integrity important to their NRHP eligibility. None of 
these locations would be physically affected; the impact would be from 
the visual intrusion on the sites' aspect, setting, or feeling. A 
programmatic agreement (PA) has been prepared in accordance with 
Section 106 of the National Historic Preservation Act (NHPA). Under the 
PA, a historic properties treatment plan (HPTP) is being developed that 
will satisfy the stipulations of the PA and identify specific 
avoidance, minimization, and mitigation measures to resolve adverse 
effects of ConnectGen's proposed Project. Under NHPA's provisions, 
implementing the PA and mitigation measures as outlined in the HPTP 
would resolve all adverse effects under the NHPA. However, within the 
context of NEPA, visual impacts to these cultural resources could still 
remain potentially significant.
    The last significant impact identified by WAPA is the risk of eagle 
fatalities posed by the operation of ConnectGen's Project. Eagles and 
other raptors are known to suffer fatalities from collisions with 
operating wind turbine blades. Because golden and bald eagles have been 
documented in the Project Area, individuals of those species are 
considered at risk of fatality from collision with operating turbines. 
Preliminary information suggests that there could be multiple eagle 
fatalities per year resulting from operation of the Project, with the 
larger proportion expected to be golden eagles. ConnectGen has 
committed to establishing a one-mile spatial buffer around known eagle 
nests, to preparing an eagle conservation plan, and to applying for an 
eagle incidental take permit from the U.S. Fish and Wildlife Service 
(FWS) in compliance with the Bald and Golden Eagle Protection Act.
    As part of the eagle incidental take permitting process, the FWS 
will model expected take resulting from the Project and perform a 
separate additional NEPA process. That NEPA process will determine the 
significance of potential impacts on eagles and will consider measures 
implemented through the eagle conservation plan and offset mitigation. 
Additional avoidance, minimization, and mitigation measures may be 
developed by the FWS during this process that ConnectGen would 
implement to further reduce the risk of eagle take. Based on the best 
available information at this time, WAPA considers the risk of Project-
related incidental take of eagles to be a significant impact for the 
purposes of its NEPA process. It should be noted that WAPA has no role 
in the eagle incidental take permit process outlined above--that effort 
is between ConnectGen and the FWS alone. WAPA further notes that the 
potential risk to eagles as presently understood may be reduced as a 
result of implementing additional measures developed as part of the FWS 
incidental take permitting process.

Agency Preferred Alternative

    WAPA has before it a Federal action of approving or denying an 
interconnection request. As discussed above, WAPA's Tariff and FERC 
Orders on open access to transmission generally require WAPA to make 
uncommitted capacity available to applicants so long as the operation 
of the integrated power system is not adversely affected, service to 
existing power customers is not degraded, and any necessary system 
upgrades are fully funded by the requesting applicant. As detailed in 
the EIS, WAPA considered the expected environmental impacts of 
ConnectGen's connected action in addition to the Federal action of 
approving or denying the interconnection requests. WAPA finds that 
ConnectGen has adopted all practicable means to avoid or minimize 
environmental harm from its proposed Project, which includes WAPA's 
interconnection switchyard. These means include the design features, 
best management practices, and avoidance and minimization measures 
described in detail in the final EIS and incorporated into the 
Project's committed Environmental Protection Measures (table 2-6 in the 
final EIS). WAPA has determined that the Agency Preferred Alternative 
is to approve ConnectGen's interconnection requests.

Environmentally Preferred Alternative

    As required by 40 CFR 1505.2, WAPA identifies the No Action 
Alternative as the Environmentally Preferred Alternative. Under the No 
Action Alternative, WAPA would not enter into an interconnection 
agreement for the proposed Project and there would be no 
interconnection with the WAPA transmission system and no 
interconnection switchyard. Although it is possible that ConnectGen 
could still construct and operate their Project, to do so the Project 
would need to identify and interconnect with another non-WAPA 
transmission line that had sufficient available transmission capacity. 
For purposes of the NEPA analysis, the No Action Alternative assumed 
the proposed Project would not be constructed. WAPA has

[[Page 43025]]

identified the No Action Alternative as its Environmentally Preferred 
Alternative as none of the identified Project-related impacts would 
occur, including the potentially significant visual impacts and risk of 
eagle mortality. The beneficial impacts of renewable energy generation 
would also not occur.

Floodplain and Wetlands Statement of Findings

    Federal Emergency Management Agency (FEMA) Flood Insurance Rate 
Maps were reviewed to assess floodplains within the Project Area. 
Approximately 15.8 acres of the overall 6,361.5 acres within the siting 
corridors are in the 100-year floodplain, associated with Pump Creek, 
Dale Creek, and their tributaries. No aboveground structures would be 
located within that small amount of floodplain but buried collector 
lines may cross designated floodplain areas. Many of the streams in the 
Project Area are ephemeral and intermittent streams, driven by spring 
snowmelt and to a lesser extent, rainfall. As measured in linear feet, 
only about five percent of streams mapped in the siting corridors are 
perennial streams, with the rest being intermittent or ephemeral 
drainages. Wetland surveys mapped approximately 67.5 acres of wetlands 
within the siting corridors, which are mostly associated with streams 
and their tributaries.
    Given the approximately 26,000-acre size of the Project Area and 
the need for access roads and collector lines to each turbine location 
and temporary crane walks connecting the linear siting corridors, it is 
not possible to completely avoid the many drainages and swales on the 
site. Despite ConnectGen's efforts to avoid or minimize surface water 
crossings, a total of 17 crossings of perennial streams and 169 
crossings of intermittent or ephemeral streams have been identified. 
Except for a few collector line crossings of the 15.8 acres of 
floodplain within the siting corridors mentioned above, none of these 
crossings would be across FEMA-designated floodplains.
    Of the 17 perennial stream crossings 5 would be by access roads, 7 
by collector lines, and 5 by temporary crane paths. Two of the access 
road crossings would follow existing roads that would be improved for 
Project use and to reduce potential erosion. The collector line 
crossings would consist of a narrow band of disturbance where the 
collector line would be trenched in and backfilled, and most would be 
co-located with access road crossings. Crane path crossings would be 
temporary for construction use and would be reclaimed following 
construction.
    Of the identified 169 crossings of intermittent and ephemeral 
drainages, 75 would be by access roads, 62 by collection lines, and 18 
by crane paths. The gen-tie line between substations would span over 
six drainages, and construction of one substation and seven turbines 
would result in drainage disturbance. Approximately half (94 total) of 
these 169 intermittent and ephemeral stream crossings are upland swales 
without defined beds or banks.
    In accordance with 10 CFR part 1022, the EIS included a description 
of WAPA's Federal action, a description of ConnectGen's proposed 
Project, and maps of the Project Area. The EIS process provided an 
opportunity for public review and comment on floodplain and wetland 
issues, evaluated potential effects to floodplains and wetlands, and 
listed the environmental protection measures committed to by ConnectGen 
to minimize impacts to floodplains and wetlands. The proposed Project 
would not affect flood flows or impede water movement during flood 
events. Three new access roads are proposed to cross perennial streams. 
Wetland areas have been avoided to the extent practicable. Disturbance 
to wetlands would occur on approximately 9.9 acres during the 
construction of access roads, electrical collection lines, a portion of 
one turbine construction pad, and crane path crossings. After the 
Project is operational, access roads would remain on approximately 0.8 
acres of wetlands. Table 2-6 in the final EIS lists 14 water quality 
environmental protection measures and impact minimization measures 
ConnectGen has committed to implementing. These measures, which conform 
to applicable floodplain standards, will minimize harm to the 15.8 
acres of 100-year floodplain within the identified corridors.

Section 7 and Section 106 Consultation

    WAPA consulted with the FWS under Section 7 of the Endangered 
Species Act. Only one listed species, Preble's meadow jumping mouse 
(Zapus hudsonius preblei), was determined to potentially inhabit the 
Project Area. Suitable habitat exists, although the presence of this 
species has not been established and the suitable habitat may not be 
occupied. Consultation with the FWS resulted in a ``may affect, but is 
not likely to adversely affect'' determination for this species. 
ConnectGen has committed to implement the species-specific conservation 
measures identified by the FWS.
    Interconnecting ConnectGen's proposed Project to WAPA's 
transmission system constitutes a Federal undertaking pursuant to 
regulations that implement Section 106 of the NHPA. Section 106 
requires WAPA to consider the effects of projects on NRHP-listed or 
eligible cultural resources, and on locations or resources of 
traditional religious and cultural importance to Native American 
tribes. A PA was developed in accordance with the Section 106 process 
to identify NRHP listed or eligible cultural resources in the area of 
potential effects, ensure consideration of effects on all NRHP listed 
or eligible cultural resources, and direct the treatment of NRHP listed 
or eligible cultural resources. Completion of the PA process and 
requirements would resolve the adverse effects from the undertaking and 
meet WAPA's NHPA Section 106 responsibilities. The PA also establishes 
the framework for a HPTP that will identify specific avoidance, 
mitigation, and minimization measures for each affected NRHP listed or 
eligible cultural resource and resolve adverse effects to them. WAPA's 
HPTP is currently under development, and the requirements of the HPTP 
and PA must be completed prior to any Project ground-disturbing 
activities that could affect listed or eligible cultural resources. 
ConnectGen Albany County LLC has signed the PA as an invited signatory.
    Parties involved in this process in addition to WAPA and ConnectGen 
include the Wyoming and Colorado State Historic Preservation Officers; 
the National Park Service; the Advisory Council on Historic 
Preservation; the Northern Arapaho Tribe of the Wind River Reservation; 
Northern Cheyenne Tribe of the Northern Cheyenne Indian Reservation; 
Rosebud Sioux Tribe; Standing Rock Sioux Tribe; Ute Tribe of the Uintah 
and Ouray Reservation; the Yankton Sioux Tribe; Wyoming Office of State 
Lands and Investments; Albany County Historic Preservation Board; and 
Wyoming State Parks, Historic Sites, and Trails, among others. The 
Section 106 process is separate from the NEPA process, and although the 
two processes are typically coordinated to the extent possible, there 
is no requirement that all NHPA activities be completed before a ROD is 
issued. All requirements of the PA must, however, be concluded before 
any construction activities commence.
    A historic properties visual impact analysis identified adverse 
visual effects on the Ames Monument NHL and two segments of the 
Overland Trail. In addition, the NEPA analysis identified strong, but 
less than adverse, visual impacts to the historic Union Pacific

[[Page 43026]]

Railroad and moderate impacts to certain segments of the Cheyenne Pass 
Road. Cultural resource field surveys did not identify any additional 
cultural resources eligible under Criterion A or C where integrity of 
``setting'' or ``feeling'' are integral to their eligibility. WAPA is 
also continuing government-to-government consultations with Native 
American tribes on traditional cultural properties they have identified 
in the Project area, with the goal of avoiding all these locations. A 
detailed discussion of the NHPA, Section 106 process, PA, and the HPTP 
is found in Section 3.6 of the final EIS. The PA itself is posted on 
WAPA's Project website.

Public Involvement

    Public involvement for the EIS process began with the publication 
of a notice to prepare an EIS published in the Federal Register on 
December 30, 2019. At the same time, a description of ConnectGen's 
proposed Project and an invitation to scheduled scoping meetings was 
mailed to all residents within the Project Area and within three miles 
of the Project Area boundaries. Scoping meeting information was also 
advertised in local newspapers, posted on WAPA's Project website, and 
distributed via news releases to media outlets. Two public scoping 
meetings were hosted in Laramie, Wyoming, in January 2020, with 
approximately 80 individuals attending each scoping meeting. The 32-day 
scoping period ran from December 30, 2019, through January 31, 2020.
    On April 2, 2021, the draft EIS was noticed in the Federal Register 
by the Environmental Protection Agency (EPA), beginning the public 
review and comment period. Interested parties on the Project mailing 
list were contacted directly, and WAPA provided news releases to local 
media announcing the release of the draft EIS and public hearings on 
the proposed Project. The comment period was open for 45 days, ending 
on May 17, 2021. Due to Covid-19 restrictions, WAPA held two virtual 
public hearings during the comment period, one each on April 28, 2021, 
and on April 29, 2021. Recordings and transcripts of the virtual public 
hearings were captured, and meeting materials, recordings, transcripts, 
and a question-and-answer report are available on WAPA's Project 
website. Public comments were accepted via online form, email, postal 
mail, and verbally at the virtual public hearings; a total of 124 
comment submittals were received. The comments in these submittals were 
considered and incorporated into the final EIS as appropriate. The 
comments and associated responses are provided as appendix C to the 
final EIS.
    In addition to public outreach, 17 Federal agencies or offices, 30 
State agencies or offices, and 12 local agencies were contacted to 
initiate coordination with the NEPA review process. Seven of these 
agencies agreed to participate in the NEPA review process as 
cooperating agencies. Government-to-government consultation under 
Section 106 of the NHPA was also initiated with 17 potentially 
interested Native American tribes. Six of these tribes are actively 
participating in the ongoing Section 106 process, and tribal members 
assisted with cultural resources field surveys.
    WAPA considered all alternatives, information, analyses, comments, 
and objections submitted by State, tribal, and local governments and 
public commenters in developing the EIS, in accordance with 40 CFR 
1505.2.

Comments on Final EIS

    A comment letter received after the release of the final EIS (and 
well after the 30-day waiting period established by regulation) 
identified two specific wind energy projects that the author claimed 
were not considered in the cumulative effects analysis in the final 
EIS. These are the Boswell Springs Wind Project and the Rock Creek Wind 
Energy Project.
    A memorandum dated August 17, 2020, was prepared, titled 
``Determination of Reasonably Foreseeable Actions Considered in 
Cumulative Effects Analysis'' at the time that the impact analysis was 
being completed for the draft EIS. This memo includes the methodology 
used to identify projects with potential to spatially and temporally 
overlap with the Rail Tie Wind Project. The memo identified the Boswell 
Springs Wind Project, and it was considered for cumulative impact 
analysis. However, that project was ultimately not included because it 
would not overlap with the Rail Tie Wind Project in either time or 
space. It is more than 50 miles from the Rail Tie Wind Project Area and 
did not overlap with the resource analysis areas, except for the socio-
economic and transportation analysis areas that were based upon county 
boundaries. In the case of these latter two resources, the temporal 
impacts were limited to the active construction phase, which was 
scheduled to conclude in 2020 and not overlap with the Rail Tie Wind 
Project's construction phase. The Boswell Springs Wind Project 
presently appears to be inactive, and no updated project schedule is 
publicly available.
    The Rock Creek Wind Farm was not identified in August 2020 and was, 
therefore, not included in the cumulative impacts analysis in the draft 
or final EIS. The Rock Creek Wind Energy Project was made public on 
September 21, 2021, through the submission of an application for a 
Commercial Wind Energy Conversion System Permit to Albany County, 
Wyoming. No comments were received during the draft EIS public comment 
period indicating that the Rock Creek Project or any other additional 
projects should be analyzed. Likewise, no cooperating agency brought up 
any additional projects that should be considered between the draft and 
final EIS. As a result, WAPA was not aware of the Rock Creek Wind Farm 
project prior to the publication of the final EIS.
    The proposed Rock Creek Wind Energy Project is located 
approximately 35 miles northwest of the Rail Tie Wind Project and 
therefore overlaps spatially with the resource analysis area for public 
health and safety (resource analysis areas were variable, with the 
largest being Project Area plus Wyoming emergency service provider 
response areas overlapping the Project Area), recreational resources 
(50 miles), social and economic resources (the analysis area was Albany 
County, WY), and transportation and access (the analysis area included 
major interstates and highways in Albany County, WY). Additionally, the 
Rock Creek Wind Energy Project could potentially overlap temporally 
with both the Rail Tie Wind Project's construction and operation 
phases. Because the Rock Creek Wind Energy project overlaps spatially 
and possibly temporally with the Rail Tie Wind Project, and is a 
reasonably foreseeable project, its potential environmental effects 
should be considered as part of the cumulative impact analysis. 
Accordingly, disclosure of the potentially relevant cumulative impacts 
of the Rock Creek Wind Energy Project have been included in this ROD.
    Both projects would use common emergency services providers in 
Albany County, and the Rock Creek Project would also use providers from 
Carbon County. Providers in common include Albany County Sheriff's 
Office and Ivinson Memorial Hospital in Albany County, along with the 
more regional providers of Rawlins Interagency Dispatch Center and 
Wyoming State Forestry Division Casper Interagency Dispatch Center for 
wildland fire. Both projects would complete Emergency Response Plans 
(PHS-2 and PHS-13) and would coordinate these plans with the local 
emergency service providers to minimize impacts to the providers. The

[[Page 43027]]

Rock Creek Project's location at the Albany-Carbon County boundary 
means it identified different local fire departments as the nearest and 
most likely to respond. Regarding the Rail Tie Wind Project, the 
Wyoming Industrial Siting Council (ISC) granted requests for impact 
assistance funds to Albany County and the City of Laramie to offset 
Project impacts to emergency response services (WyISC 2021). The Rock 
Creek Project's application is being considered by the ISC as well and 
the impact assistance funding consideration is standard practice; it is 
assumed that similar funds will also be allocated for that project. The 
ISC application for the Rail Tie Wind Project indicated that the 
Project would have no impact to the levels of service provided by the 
Ivinson Memorial Hospital.
    Recreational resources in the cumulative projects' area are 
distributed in nature as noted in cumulative impacts of the EIS, and 
the peak workforces are relatively small in comparison to local 
populations (each project's peak workforce is less than 200 workers 
(Tetra Tech 2021, Jacobs 2021)); these factors naturally would 
attenuate any cumulative impact experienced from multiple large 
construction projects. Similarly, large, concentrated events, such as 
Cheyenne Frontier Days, would not be affected by attendance increases 
based on the high number of attendees (approximately 500,000 people in 
2019, WyomingNews.com).
    The addition of the Rock Creek Project does not materially affect 
the qualitative assessment of the socioeconomic resources. It is 
anticipated that the geography and timing of housing demand for 
construction crews would be spread across a large area. Local tax 
revenue would increase, and sales tax would fluctuate with 
construction; when more equipment and materials are purchased, sales 
tax revenue would increase. Property tax revenue would increase with 
the completion of each project, and slowly decline with the 
depreciation rate of each project.
    Cumulative effects to transportation between the Rail Tie and Rock 
Creek projects would be limited to equipment or materials shipment 
along I-80 or US 287, which could result in additional temporary 
increases of annual average daily traffic and peak hourly vehicles 
along these portions of highway affected by both projects. While 
equipment and materials shipments may have a cumulative impact, the 
daily workforce commute between home and the worksite could more 
materially increase traffic during construction. This commuter increase 
would not be expected to create a cumulative impact between these two 
projects, as the Rail Tie Wind Project traffic would travel south from 
Laramie, while Rock Creek Wind Energy Project would travel to the north 
of Laramie. The same would be true of the much-reduced post-
construction operations traffic. It should also be noted that the final 
schedules for delivery of equipment and materials, as well as 
construction, have not been determined for either project, so any 
overlap of construction traffic would be speculative and may not 
actually occur. ConnectGen has committed to schedule Project component 
deliveries to avoid local traffic volume peaks to the extent 
practicable (TRANS-2).
    Based on the consideration of the Rock Creek Wind Energy Project in 
the analysis of emergency service providers, recreational resources, 
social and economic resources, and transportation, the cumulative 
impacts to these resources would not be significant.\1\
---------------------------------------------------------------------------

    \1\ Jacobs. 2021. Rock Creek Wind Energy Project Albany and 
Carbon Counties, Wyoming, Wyoming Industrial Development Information 
and Siting Act Section 109 Permit Application, Final. December, 
2021. Available at: https://deq.wyoming.gov/industrial-siting-2/#1fBPdlIGCiY4YvOHuB5dndJ2PrQKJENhB. Accessed May 23, 2022. Tetra 
Tech, Inc. 2021. Rail Tie Wind Project Albany County, Wyoming, 
Wyoming Industrial Development Information and Siting Act Section 
109 Permit Application. April 20, 2021. Available at: https://deq.wyoming.gov/industrial-siting-2/#1CNyUe8qeEf-qOA79kmlZStrSvg-wXg9h. Accessed May 23, 2022. Wyoming Industrial Siting Commission 
(WyISC). 2021. Findings of Fact, Conclusions of Law, and Order 
Granting Permit Application with Conditions, and Allocating Impact 
Assistance Funds, In the Matter of the Industrial Sting Permit 
Application of ConnectGen Albany County. OAH Docket No. 21-078-020, 
Docket No. DEQ/ISC 20-09. Available at: https://deq.wyoming.gov/industrial-siting-2/#1CNyUe8qeEf-qOA79kmlZStrSvg-wXg9h. Accessed May 
23, 2022.
    WyomingNews.com. 2019. Online news article: Total CFD Attendance 
Slightly Higher Than 2018 Rodeo Attendance. Available at: https://
www.wyomingnews.com/news/cheyenne_frontier_days/total-cfd-
attendance-slightly-higher-than-2018-rodeo-attendance-dips/
article_cea59b15-4179-5a6f-ba0e-
0192279b4e1e.html#:~:text=CHEYENNE%20%E2%80%93%20Total%20attendance%2
0for%20the%20123rd%20Cheyenne,from%20the%20543%2C703%20visitors%20who
%20attended%20last%20year. Accessed May 23, 2022.
---------------------------------------------------------------------------

WAPA's Decision

    Informed by the SIS, the analyses and environmental impacts 
documented in the final EIS, input from Sections 7 and 106 
consultations, and in compliance with its Tariff, WAPA has determined 
that ConnectGen's two interconnection requests will be approved.
    In making this decision, WAPA is cognizant that ConnectGen's 
Project will have significant impacts on visual resources in the 
Project viewshed, potentially significant impacts on eagles through 
collisions with operating turbines, and significant adverse effects on 
certain NRHP-listed or eligible cultural resources eligible under 
Criterion A and/or C, where integrity of ``setting'' and/or ``feeling'' 
contribute to their NRHP eligibility. Impacts to these important 
cultural resources, which includes the Ames Monument NHL, is non-
physical (visual).
    WAPA is further aware that potential eagle impacts will also be 
analyzed in the FWS's process for authorizing an eagle incidental take 
permit, and that additional avoidance, minimization, and mitigation 
measures may be identified and required of ConnectGen as a result of 
that process. The FWS is the regulatory agency charged with 
administering and enforcing the Bald and Golden Eagle Protection Act 
(16 U.S.C. 668-668d, as amended) and authorizing eagle incidental take 
permits. Similarly, WAPA's HPTP developed under the PA process will 
analyze potential adverse effects to listed or eligible cultural 
resources and may identify additional measures to reduce those effects. 
The appropriate parties are involved in this process, as evidenced by 
the list provided previously.
    WAPA's decision must also consider Federal open access to 
transmission mandates arising under FERC orders implementing the FPA. 
For WAPA, this means complying with the requirements of its Tariff and 
LGIP, which were approved by FERC. FERC Orders on open access to 
transmission and the conforming Tariff require that WAPA provide 
available transmission capacity access on a nondiscriminatory basis so 
long as system reliability and service to its existing customers are 
not degraded. Pursuant to WAPA's LGIP, transmission and system studies 
were conducted to model the effects to power flows from the proposed 
interconnection and ascertain whether there would be negative effects 
to the operation of the transmission system. The results of these 
studies indicated that approving ConnectGen's two interconnection 
requests would not negatively affect the reliability of the 
transmission system or degrade service to existing customers and that 
no system upgrades would be required to support the interconnection of 
ConnectGen's proposed Project with the transmission system.
    This ROD was prepared pursuant to the requirements of the Council 
on Environmental Quality Regulations for Implementing NEPA (40 CFR 
parts 1500-1508) and DOE's Procedures for Implementing NEPA (10 CFR 
part 1021).

[[Page 43028]]

Signing Authority

    This document of the Department of Energy was signed on July 11, 
2022, by Tracey A. LeBeau, Administrator, Western Area Power 
Administration, pursuant to delegated authority from the Secretary of 
Energy. That document with the original signature and date is 
maintained by DOE. For administrative purposes only, and in compliance 
with requirements of the Office of the Federal Register, the 
undersigned DOE Federal Register Liaison Officer has been authorized to 
sign and submit the document in electronic format for publication, as 
an official document of the Department of Energy. This administrative 
process in no way alters the legal effect of this document upon 
publication in the Federal Register.

    Signed in Washington, DC, on July 14, 2022.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2022-15374 Filed 7-18-22; 8:45 am]
BILLING CODE 6450-01-P