[Federal Register Volume 89, Number 144 (Friday, July 26, 2024)]
[Notices]
[Pages 60612-60616]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-16530]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. PF24-3-000]


ANR Pipeline Company; Notice of Scoping Period Requesting 
Comments on Environmental Issues for the Planned Heartland 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 Heartland Project involving 
construction and operation of facilities by ANR Pipeline Company (ANR) 
in Bureau, Kendall, Kane, McHenry, and

[[Page 60613]]

Will Counties, Illinois; Brown, Racine, Sheboygan, Waukesha, and 
Winnebago Counties, Wisconsin; and Iron County, Michigan. 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. 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 August 21, 2024. 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 March 28, 2024, you will need to file 
those comments in Docket No. PF24-3-000 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 five 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 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 (PF24-3-
000) on your letter. Submissions sent via the U.S. Postal Service must 
be addressed to: Debbie-Anne A. Reese, Acting Secretary, Federal Energy 
Regulatory Commission, 888 First Street NE, Room 1A, Washington, DC 
20426. Submissions sent via any other carrier must be addressed to: 
Debbie-Anne A. Reese, Acting 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:

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             Date and time                           Location
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Tuesday, August 6, 2024, 4:00-6:30 p.m.  Yorkville Public Library, 902
 Central Daylight Time.                   Game Farm Road, Yorkville,
                                          Illinois 60560, (630) 553-
                                          4354.
Wednesday, August 7, 2024, 5:00-7:00     Pittsfield Community Center,
 p.m. Central Daylight Time.              4862 Kunesh Road, Green Bay,
                                          Wisconsin 54313, (920) 865-
                                          7630.
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    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.
    The scoping session in Yorkville, Illinois is scheduled from 4:00 
p.m. to 6:30 p.m. Central Daylight Time and the session in Green Bay, 
Wisconsin is scheduled from 5:00 p.m. to 7:00 p.m. Central Daylight 
Time. You may arrive

[[Page 60614]]

at any time after the scheduled start time. 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 6:30 p.m. in Yorkville, Illinois 
and 7:00 p.m. in Green Bay, Wisconsin. 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 up to 30 minutes prior to the scheduled end time. Please see 
appendix 1 for additional information on the session format and 
conduct.\1\
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    \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. For 
assistance, contact FERC at [email protected] or call toll 
free, (886) 208-3676 or TTY (202) 502-8659.
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    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 5 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 ANR will also be present to answer 
project-specific questions.
    (5) For your convenience, the Commission also invites you to attend 
a virtual public scoping session its staff will conduct by telephone, 
scheduled as follows:

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                              Date and time
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Monday, August 12, 2024; Time: 4:00 p.m. Central Daylight Time. Call in
 number: (888) 810-4938. Participant passcode: 2443865.
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    Note that the scoping session will start at 4:00 p.m. and will end 
once all participants wishing to comment have had the opportunity to do 
so, or at 6:00 p.m., whichever comes first. Individual oral comments 
will be taken one at a time with a court reporter present on the line.
    There will be a brief introduction by Commission staff when the 
session opens, so please attempt to call in at the beginning of the 
session. All participants will be able to hear the comments provided by 
other participants; however, all lines will remain closed during the 
comments of others and then opened one at a time for providing 
comments. Once you call in, the operator will provide directions on how 
to indicate you would like to provide a comment. A time limit of 5 
minutes may be implemented for each commentor.
    Your oral comments will be recorded by the court reporter and 
become part of the public record for this proceeding. Transcripts of 
all comments received during the scoping session(s) will be publicly 
available on FERC's eLibrary system (see the last page of this notice 
for instructions on using eLibrary).
    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

    ANR plans to construct and operate 67.3 miles of pipeline loop,\2\ 
three new compressor and two new meter stations, uprate one existing 
compressor station, upgrade and expand four existing meter stations, 
replace and upsize 1.5 miles of existing pipeline, and construct or 
modify other existing minor appurtenant facilities. The Heartland 
Project is designed to expand ANR's pipeline system to provide 473,000 
dekatherms per day of incremental firm transportation capacity. 
According to ANR, its project would accommodate growing firm 
transportation demand driven by changes in the resource adequacy 
requirements for seasonal power generation within the Midwest 
Independent System Operator region and economic development in the 
midwestern U.S.
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    \2\ A pipeline loop is a segment of pipe constructed parallel to 
an existing pipeline to increase capacity.
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    The Heartland Project would consist of the following facilities:
     48.2 miles of 36-inch-diameter Wisconsin Loop Line 3-301 
(PL-1);
     11 miles of 42-inch-diameter Southwest Loop Line 2-100 
(PL-2);
     the replacement of 1.5 miles of the existing 18-inch- and 
22-inch-diameter pipeline (PL-3);
     8.1 miles of 12-inch-diameter Two River Lateral Loop 2-380 
(PL-4);
     three new compressor stations (Westfield, Laraway, and 
Pulaski compressor stations);
     uprate the existing Sandwich Compressor Station;
     two new meter stations (Westfield and Laraway meter 
stations); and
     the upgrade and expansion of four existing meter stations 
(Fortune Lake, Rochester, Sheboygan Falls, and Menasha meter stations).
    The general location of the project facilities is shown in appendix 
2.

Land Requirements for Construction

    Construction of the planned facilities would disturb about 1,312.3 
acres of land for the aboveground facilities and the pipeline. 
Following construction, ANR would maintain about 544.7 acres for 
permanent operation of the project's facilities; the remaining acreage 
would be restored. About 85 percent of the planned pipeline route 
parallels existing pipeline.

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;
     cumulative impacts;
     reliability and safety; and
     climate change.
    Commission staff will also evaluate reasonable alternatives to the 
planned

[[Page 60615]]

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 \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 related to 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, part 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(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.\5\ 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.
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    \5\ 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.
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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 PF24-3-000 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 ANR files its 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.

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.


[[Page 60616]]


    Dated: July 22, 2024.
Debbie-Anne A. Reese,
Acting Secretary.
[FR Doc. 2024-16530 Filed 7-25-24; 8:45 am]
BILLING CODE 6717-01-P