[Federal Register Volume 87, Number 148 (Wednesday, August 3, 2022)]
[Notices]
[Pages 47406-47409]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-16589]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP22-138-000]


Northern Natural Gas Company; Notice of Intent To Prepare an 
Environmental Impact Statement for the Proposed Northern Lights 2023 
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 Northern Lights 2023 
Expansion Project (Project) involving construction and operation of 
facilities by Northern Natural Gas Company (Northern) in Freeborn, 
Scott, Sherburne, Stearns, and Washington Counties, Minnesota, and 
Monroe County, Wisconsin. 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 May 17, 2022 in Docket No. CP22-
138-000, the Commission opened a scoping period to solicit comments. 
Subsequent to issuance of that notice, Commission staff has determined 
that it will prepare an EIS for the Project. The EIS will address the 
concerns raised during the initial scoping process as well as 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 August 29, 2022. Comments may be submitted in 
written form. Further details on how to submit comments are provided in 
the Public Participation section of this notice.
    As mentioned above, the Commission opened a scoping period which 
expired on June 17, 2022; however, Commission staff continued to accept 
comments after the comment period closed. All substantive written and 
oral comments provided will be addressed in the EIS. Therefore, if you 
submitted comments on this Project to the Commission during the 
previous scoping period, 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.
    Northern 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 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-
138-000) on your letter. Submissions sent via the U.S. Postal Service 
must be addressed to: Kimberly D. Bose, Secretary, Federal

[[Page 47407]]

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.
    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

    According to Northern, the Project would provide for incremental 
winter firm service of 44,222 dekatherms per day (Dth/day) serving 
residential, commercial, and industrial customer market growth in 
Northern's Market Area and 6,667 Dth/day of additional firm service 
that would allow a shipper enhanced reliability and flexibility in 
scheduling their transportation capacity.
    The Project consists of the following facilities:
     a 2.79-mile extension of 36-inch-diameter Ventura North E-
Line, in Freeborn County, Minnesota;
     a 1.07-mile, 30-inch-diameter loop \1\ of 20-inch-diameter 
Elk River 1st and 2nd Branch Lines, in Washington County, Minnesota 
(Elk River 3rd Branch Line);
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    \1\ A pipeline loop is a segment of pipe constructed parallel to 
an existing pipeline to increase capacity.
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     a 1.14-mile extension of 24-inch-diameter Willmar D Branch 
Line, in Scott County, Minnesota;
     a 2.48-mile extension of 8-inch-diameter Princeton Tie-
Over Loop, in Sherburne County, Minnesota;
     a 2.01-mile loop of 4-inch-diameter Paynesville Branch 
Line, in Stearns County, Minnesota (Paynesville 2nd Branch Line);
     a 0.34-mile extension of 8-inch-diameter Tomah branch line 
loop, in Monroe County, Wisconsin; and
     aboveground facilities including one new pig \2\ launcher, 
four new valve settings, replacement of valves and piping inside four 
facilities, removal of three valve settings, and associated piping.
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    \2\ 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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    The general location of the Project facilities is shown in appendix 
1.\3\
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    \3\ 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 Northern, 
construction of the proposed facilities would disturb about 251.7 acres 
of land for the aboveground facilities and the pipeline. Following 
construction, Northern would maintain about 51.9 acres for operation of 
the Project facilities; the remaining acreage would be restored and 
could revert to former uses. About 12.4 percent of the construction 
footprint would overlap with easements for existing Northern 
facilities.
    Based on an initial review of Northern's proposal and public 
comments received during scoping, Commission staff have identified 
several expected impacts that deserve attention in the EIS. The Project 
would impact three waterbodies and about 0.5 acre of wetland. 
Construction of the Project would have impacts on noise, traffic, and 
road conditions. In response to the Notice of Scoping, the Commission 
received multiple comments. Several were supportive of the Project. 
Others requested that the EIS discuss and provide appropriate details 
regarding the Project description, purpose and need, alternatives, 
affected environment, wetlands, surface water, groundwater, air 
quality, climate change and greenhouse gas emissions, community, social 
and economic impacts, environmental justice, pollinator habitat, 
noxious weeds, and noise. Minnesota state agencies requested that the 
EIS discuss potential impacts on state listed species, calcareous fens, 
soil compaction, and wellhead protection areas and discussion of 
appropriate seed mixes, utility crossing licenses, dust abatement, road 
crossing methods, traffic control, access points, and impacts on 
highway drainage, vegetation, and other utilities.

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;
     land use;
     socioeconomics;
     environmental justice;
     air quality and noise;
     reliability and safety; and
     cumulative impacts.

    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 
\4\ 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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    \4\ 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.\5\ Alternatives currently under consideration include:
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    \5\ 40 CFR 1508.1(z).
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     the no-action alternative, meaning the Project is not 
implemented; and
     minor route deviations for Ventura North E-Line, Elk River 
3rd Branch Line, Willmar D Branch Line, Princeton Tie-Over Loop, and 
Paynesville 2nd Branch Line.
    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

[[Page 47408]]

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 May 17, 2022 with the applicable 
State Historic Preservation Office(s), 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.\6\ 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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    \6\ 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 April 11, 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 
October 2022.

Issuance of Notice of Availability of the final EIS March 10, 2023
90-day Federal Authorization Decision Deadline \7\ June 8, 2023
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    \7\ 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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Federal Energy Regulatory           Certificate of Public Convenience
 Commission.                         and Necessity.
U.S. Army Corps of Engineers--St.   Clean Water Act Section 404--Dredge
 Paul District.                      and Fill Permit.
U.S. Fish and Wildlife Service--    Endangered Species Act (ESA)
 Twin Cities Field Office.           Consultation, Migratory Bird Treaty
                                     Act (MBTA) Coordination; Bald and
                                     Golden Eagle Protection Act (BGEPA)
                                     Consultation.
Minnesota Pollution Control Agency  Section 401 Water Quality
                                     Certification.
Minnesota State Historic            National Historic Preservation Act
 Preservation Office (SHPO).         (NHPA), Section 106 Consultation.
Wisconsin SHPO....................  NHPA, Section 106 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; 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 [email protected] stating your 
request. You must include the docket number CP22-138-000 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., 
CP22-138). 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/

[[Page 47409]]

events along with other related information.

    Dated: July 28, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022-16589 Filed 8-2-22; 8:45 am]
BILLING CODE 6717-01-P