[Federal Register Volume 88, Number 201 (Thursday, October 19, 2023)]
[Notices]
[Pages 72052-72054]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-23107]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP23-535-000]


WBI Energy Transmission, Inc.; Notice of Scoping Period 
Requesting Comments on Environmental Issues for the Proposed South 
Spearfish Project

    The staff of the Federal Energy Regulatory Commission (FERC or 
Commission) will prepare an environmental document, that will discuss 
the environmental impacts of the South Spearfish Project involving 
construction, operation, and abandonment of facilities by WBI Energy 
Transmission, Inc. (WBI Energy) in Lawrence County, South Dakota. The 
Commission will use this environmental document in its decision-making 
process to determine whether the project is in the public convenience 
and necessity.
    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 for abandonment of facilities. 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 5:00 p.m. Eastern Time on November 13, 2023. Comments may be 
submitted in written 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 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 August 28, 2023, you will need to file 
those comments in Docket No. CP23-535-000 to ensure they are considered 
as part of this proceeding.
    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 proposed 
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 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 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.
    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 (www.ferc.gov) 
under the Natural Gas, Landowner Topics link.

[[Page 72053]]

Public Participation

    There are three 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 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 also 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 (CP23-
535-000) 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.
    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 Proposed Project

    The proposed project would allow for incremental firm 
transportation capacity from WBI Energy's existing Line Section 15 in 
western South Dakota to the community of Spearfish, South Dakota for 
Montana-Dakota Utilities, Company. Specifically, WBI Energy proposes 
the following in Lawrence County, South Dakota:
     modify the Deadwood-Central City Lateral Takeoff Valve 
Setting adjacent to the Deadwood Mainline Transfer Station on WBI 
Energy's Line Section 15;
     increase the maximum allowable operating pressure of the 
8-inch-diameter Deadwood-Central City Lateral from the Deadwood 
Mainline Transfer Station to the proposed South Spearfish Station;
     install two pig launcher/receivers,\1\ one at each end of 
the uprated Deadwood-Central City Lateral;
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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. A pig launcher/
receiver are facilities where pigs are inserted/retrieved from the 
pipeline.
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     construct the new South Spearfish Station adjacent to the 
existing South Spearfish Lateral Takeoff Valve Setting. The new station 
would contain the relocated South Spearfish Town Border Station and the 
new Deadwood Lateral Transfer Station;
     relocate approximately 500 feet of the South Spearfish 
Lateral adjacent to the South Spearfish Town Border Station and the 
existing South Spearfish Lateral Takeoff Valve Setting; and
     abandon by sale the existing 5.5-mile-long 4-inch-diameter 
South Spearfish Lateral and certain town border station equipment, at 
the existing South Spearfish Town Border Station to Montana-Dakota upon 
the commissioning of the new South Spearfish Town Border Station.
    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. For assistance, contact FERC at 
[email protected] or call toll free, (886) 208-3676 or TTY 
(202) 502-8659.
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Land Requirements for Construction

    Construction of the Project will affect approximately 8.1 acres of 
land, including temporary workspace needed for construction of pipeline 
and aboveground facilities, staging area, and access roads. Following 
construction, approximately 4.7 acres would revert to pre-construction 
conditions and uses. The remaining approximately 3.4 acres, including 
the permanent pipeline easement and aboveground facility sites, would 
be retained for permanent operation of the Project.

NEPA Process and the Environmental Document

    Any environmental document 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;
     environmental justice;
     air quality and noise; and
     reliability and safety.
    Commission staff will also evaluate reasonable alternatives to the 
proposed 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.
    Following this scoping period, Commission staff will 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 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 decision regarding the proposed 
project. If Commission staff prepares an EIS, a Notice of Intent to 
Prepare an EIS/Notice of Schedule will be issued, which will open up an 
additional comment period. Staff will then 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

[[Page 72054]]

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 \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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    With this notice, the Commission is asking agencies with 
jurisdiction by law and/or special expertise with respect to the 
environmental issues of this project to formally cooperate in the 
preparation of the environmental document.\4\ 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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    \4\ The Council on Environmental Quality regulations addressing 
cooperating agency responsibilities are at title 40, Code of Federal 
Regulations, section 1501.8.
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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, 
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.\5\ The environmental document for this 
project 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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Environmental Mailing List

    The environmental mailing list includes: federal, state, and local 
government representatives and agencies; elected officials; public 
interest groups; Native American Tribes; other interested parties; and 
local libraries. 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.
    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 CP23-535-000 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. 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: October 13, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023-23107 Filed 10-18-23; 8:45 am]
BILLING CODE 6717-01-P