[Federal Register Volume 88, Number 197 (Friday, October 13, 2023)]
[Notices]
[Pages 70972-70975]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22697]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. PF23-2-000]


Sabine Pass Liquefaction, LLC; Sabine Pass Liquefaction Stage V, 
LLC; Sabine Crossing, LLC; Notice of Scoping Period Requesting Comments 
on Environmental Issues for the Planned Sabine Pass Liquefaction Stage 
5 Expansion Project, and Notice of Public Scoping Session

    The staff of the Federal Energy Regulatory Commission (FERC or 
Commission) will prepare an environmental document that will discuss 
the environmental impacts of the Sabine Pass Liquefaction Stage 5 
Expansion Project involving construction and operation of facilities by 
Sabine Pass Liquefaction, LLC and Sabine Pass Liquefaction Stage V, LLC 
(collectively, Sabine Pass) and Sabine Crossing, LLC (Sabine Crossing) 
in Cameron Parish, Louisiana and Jefferson County, Texas. The 
Commission will use this environmental document in its decision-making 
process to determine whether the planned pipeline project is in the 
public convenience and necessity and if the planned facility expansion 
is in the public interest.
    This notice announces the opening of the scoping process the 
Commission will use to gather input from the public and interested 
agencies regarding the project. As part of the National Environmental 
Policy Act (NEPA) review process, the Commission takes into account 
concerns the public may have about proposals and the environmental 
impacts that could result from its action whenever it considers the 
issuance of a Certificate of Public Convenience and Necessity and 
authorization. This gathering of public input is referred to as 
``scoping.'' The main goal of the scoping process is to focus the 
analysis in the environmental document on the important environmental 
issues. Additional information about the Commission's NEPA process is 
described below in the NEPA Process and Environmental Document section 
of this notice.
    By this notice, the Commission requests public comments on the 
scope of issues to address in the environmental document. 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 5:00pm Eastern Time on November 6, 2023. 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.
    Your comments should focus on the potential environmental effects, 
reasonable alternatives, and measures to avoid or lessen environmental 
impacts. Your input will help the Commission staff determine what 
issues they need to evaluate in the environmental document. Commission 
staff will consider all written or oral comments during the preparation 
of the environmental document.
    If you submitted comments on this project to the Commission before 
the opening of this docket on February 22, 2023, you will need to file 
those comments in Docket No. PF23-2-000 to ensure they are considered.
    This notice is being sent to the Commission's current environmental 
mailing list for this project. State and local government 
representatives should notify their constituents of this planned 
project and encourage them to comment on their areas of concern.
    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 planned 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 subsequently grant, exercise, or oversee the exercise of that 
eminent domain authority. The courts have exclusive authority to handle 
eminent domain cases; the Commission has no jurisdiction over these 
matters.
    A fact sheet prepared by the FERC entitled ``An Interstate Natural 
Gas Facility On My Land? What Do I Need To Know?'' 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, Landowner Topics 
link.

Public Participation

    There are four methods you can use to submit your comments to the 
Commission. Please carefully follow these instructions so that your 
comments are properly recorded. The Commission encourages electronic 
filing of comments and has staff available to assist you at (866) 208-
3676 or [email protected].
    (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

[[Page 70973]]

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 (PF23-2-
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, Maryland 20852.
    (4) In lieu of sending written comments, the Commission invites you 
to attend one of the public scoping sessions its staff will conduct in 
the project area, scheduled as follows:

------------------------------------------------------------------------
           Date and time                          Location
------------------------------------------------------------------------
Tuesday, October 24, 2023, 4-7 p.m  Johnson Bayou Recreation Center, 135
                                     Berwick Rd., Cameron, LA 70631,
                                     (337) 569-2288.
Wednesday, October 25, 2023, 4-7    West Side Development Center, 625 W
 p.m.                                Rev Dr Ransom Howard St., Port
                                     Arthur, TX 77640, (409) 984-9096.
------------------------------------------------------------------------

    The primary goal of these scoping sessions is to have you identify 
the specific environmental issues and concerns that should be 
considered in the environmental document. Individual oral comments will 
be taken on a one-on-one basis with a court reporter. This format is 
designed to receive the maximum amount of oral comments in a convenient 
way during the timeframe allotted.
    Each scoping session is scheduled from 4 p.m. to 7 p.m. Central 
Standard Time. You may arrive at any time after 4 p.m. There will not 
be a formal presentation by Commission staff when the session opens. If 
you wish to speak, the Commission staff will hand out numbers in the 
order of your arrival. Comments will be taken until 7 p.m. However, if 
no additional numbers have been handed out and all individuals who wish 
to provide comments have had an opportunity to do so, staff may 
conclude the session at 6:30 p.m. Please see appendix 1 for additional 
information on the session format and conduct.\1\
---------------------------------------------------------------------------

    \1\ The appendices referenced in this notice will not appear in 
the Federal Register. Copies of the appendices were sent to all 
those receiving this notice in the mail and are available at 
www.ferc.gov using the link called ``eLibrary''. For instructions on 
connecting to eLibrary, refer to the last page of this notice. At 
this time, the Commission has suspended access to the Commission's 
Public Reference Room. For assistance, contact FERC at 
[email protected] or call toll free, (886) 208-3676 or TTY 
(202) 502-8659.
---------------------------------------------------------------------------

    Your scoping comments will be recorded by a court reporter (with 
FERC staff or representative present) and become part of the public 
record for this proceeding. Transcripts will be publicly available on 
FERC's eLibrary system (see the last page of this notice for 
instructions on using eLibrary). If a significant number of people are 
interested in providing oral comments in the one-on-one settings, a 
time limit of 3 minutes may be implemented for each commentor.
    It is important to note that the Commission provides equal 
consideration to all comments received, whether filed in written form 
or provided orally at a scoping session. Although there will not be a 
formal presentation, Commission staff will be available throughout the 
scoping session to answer your questions about the environmental review 
process. Representatives from Sabine Pass and Sabine Crossing will also 
be present to answer project-specific questions.
    Additionally, the Commission offers a free service called 
eSubscription, which makes it easy to stay informed of all issuances 
and submittals regarding the dockets/projects to which you subscribe. 
These instant email notifications are the fastest way to receive 
notification and provide a link to the document files which can reduce 
the amount of time you spend researching proceedings. Go to https://www.ferc.gov/ferc-online/overview to register for eSubscription.
    The Commission's Office of Public Participation (OPP) supports 
meaningful public engagement and participation in Commission 
proceedings. OPP can help members of the public, including landowners, 
environmental justice communities, Tribal members and others, access 
publicly available information and navigate Commission processes. For 
public inquiries and assistance with making filings such as 
interventions, comments, or requests for rehearing, the public is 
encouraged to contact OPP at (202) 502-6595 or [email protected].

Summary of the Planned Project

    To support customer's requirements for natural gas, Sabine Pass and 
Sabine Crossing plan to expand existing liquefied natural gas (LNG) 
facilities and construct a new natural gas pipeline to provide a feed 
supply. The Sabine Pass Liquefaction Stage 5 Expansion Project 
(Project) would be located in Cameron Parish, Louisiana and Jefferson 
County, Texas and would consist of constructing the following 
facilities:
     Three natural gas liquefaction trains;
     Two aboveground LNG storage tanks;
     Flares;
     Boil off gas re-liquefaction unit;
     Operations and maintenance building;
     A new 5.3-mile, 48-inch diameter natural gas pipeline; and
     Other associated utility and support facilities.
    Sabine Pass also proposes modifications to existing ship-loading 
facilities.
    The general location of the project facilities is shown in appendix 
2.

Land Requirements for Construction

    Construction of the planned facilities would disturb about 1,013.4 
acres of land for the LNG facilities and the pipeline. Following 
construction, Sabine Pass and Sabine Crossing would maintain about 
884.1 acres for permanent operation of the Project's facilities; the 
remaining acreage would be restored and could revert to former uses. 
About 60 percent of the planned pipeline route parallels existing 
pipeline, utility, or road rights-of-way.

NEPA Process and the Environmental Document

    Any environmental document issued by Commission staff will discuss 
impacts that could occur as a result of the construction and operation 
of the planned 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; and

[[Page 70974]]

     Reliability and safety.
    Commission staff have already identified several issues that 
deserve attention based on a preliminary review of the planned 
facilities and the environmental information provided by Sabine Pass 
and Sabine Crossing. This preliminary list of issues may change based 
on your comments and our analysis:
     Permanent wetland impacts;
     Shipping channel traffic;
     Flooding and storm surge;
     Cumulative impacts; and
     Alternative facility designs.
    Commission staff will also evaluate reasonable alternatives to the 
planned project or portions of the project and make recommendations on 
how to lessen or avoid impacts on the various resource areas. Your 
comments will help Commission staff identify and focus on the issues 
that might have an effect on the human environment and potentially 
eliminate others from further study and discussion in the environmental 
document.
    Although no formal application has been filed, Commission staff 
have already initiated a NEPA review under the Commission's pre-filing 
process. The purpose of the pre-filing process is to encourage early 
involvement of interested stakeholders and to identify and resolve 
issues before the Commission receives an application. As part of the 
pre-filing review, Commission staff will contact federal and state 
agencies to discuss their involvement in the scoping process and the 
preparation of the environmental document.
    If a formal application is filed, Commission staff will then 
determine whether to prepare an Environmental Assessment (EA) or an 
Environmental Impact Statement (EIS). The EA or the EIS will present 
Commission staff's independent analysis of the environmental issues. If 
Commission staff prepares an EA, a Notice of Schedule for the 
Preparation of an Environmental Assessment will be issued. The EA may 
be issued for an allotted public comment period. The Commission would 
consider timely comments on the EA before making its determination on 
the proposed project. If Commission staff prepares an EIS, a Notice of 
Intent to Prepare an EIS/Notice of Schedule will be issued once an 
application is filed, which will open an additional public comment 
period. Staff will then prepare a draft EIS that 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 EA or draft and 
final EIS will be available in electronic format in the public record 
through eLibrary \2\ and the Commission's natural gas environmental 
documents web page (https://www.ferc.gov/industries-data/natural-gas/environment/environmental-documents). If eSubscribed, you will receive 
instant email notification when the environmental document is issued.
---------------------------------------------------------------------------

    \2\ For instructions on connecting to eLibrary, refer to the 
last page of this notice.
---------------------------------------------------------------------------

    With this notice, the Commission is asking agencies with 
jurisdiction by law and/or special expertise with respect to the 
environmental issues related to this project to formally cooperate in 
the preparation of the environmental document.\3\ 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. Currently, the U.S. Army Corps of 
Engineers Galveston District and the National Marine Fisheries Service 
have expressed their intention to participate as a cooperating agency 
in the preparation of the environmental document.
---------------------------------------------------------------------------

    \3\ The Council on Environmental Quality regulations addressing 
cooperating agency responsibilities are at Title 40, Code of Federal 
Regulations, 1501.8.
---------------------------------------------------------------------------

Consultation Under Section 106 of the National Historic Preservation 
Act

    In accordance with the Advisory Council on Historic Preservation's 
implementing regulations for section 106 of the National Historic 
Preservation Act, the Commission is using this notice to initiate 
consultation with the applicable State Historic Preservation Office(s), 
and to solicit their views and those of other government agencies, 
interested Indian tribes, and the public on the project's potential 
effects on historic properties.\4\ The environmental document for this 
project will document our findings on the impacts on historic 
properties and summarize the status of consultations under section 106.
---------------------------------------------------------------------------

    \4\ The Advisory Council on Historic Preservation 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.
---------------------------------------------------------------------------

Environmental Mailing List

    The environmental mailing list 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 planned project.
    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 PF23-2-000 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 3).

Becoming an Intervenor

    Once Sabine Pass and Sabine Crossing file their application with 
the Commission, you may want to become an ``intervenor'' which is an 
official party to the Commission's proceeding. Only intervenors have 
the right to seek rehearing of the Commission's decision and be heard 
by the courts if they choose to appeal the Commission's final ruling. 
An intervenor formally participates in the proceeding by filing a 
request to intervene pursuant to Rule 214 of the Commission's Rules of 
Practice and Procedures (18 CFR 385.214). Motions to intervene are more 
fully described at https://www.ferc.gov/how-intervene. Please note that 
the Commission will not accept requests for intervenor status at this 
time. You must wait until the Commission receives a formal application 
for the project, after which the Commission will issue a public notice 
that establishes an intervention deadline.

[[Page 70975]]

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 (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. Be sure you have selected an 
appropriate date range. For assistance, please contact FERC Online 
Support at [email protected] or toll free at (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: October 6, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023-22697 Filed 10-12-23; 8:45 am]
BILLING CODE 6717-01-P