[Federal Register Volume 86, Number 5 (Friday, January 8, 2021)]
[Notices]
[Pages 1492-1494]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-00129]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. PF20-4-000]


Kern River Gas Transmission Company; Notice of Scoping Period 
Requesting Comments on Environmental Issues for the Planned Delta 
Lateral 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 Delta Lateral Project involving 
construction and operation of facilities by Kern River Gas Transmission 
Company (Kern River) in Millard County, Utah. 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 February 3, 2021. 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 July 1, 2020, you will need to file those 
comments in Docket No. PF20-4-000 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

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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 links to Natural Gas Questions or 
Landowner Topics.

Public Participation

    There are three methods you can use to submit your written 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 <a href="/cdn-cgi/l/email-protection#d791b2a5b498b9bbbeb9b284a2a7a7b8a5a397b1b2a5b4f9b0b8a1"><span class="__cf_email__" data-cfemail="86c0e3f4e5c9e8eaefe8e3d5f3f6f6e9f4f2c6e0e3f4e5a8e1e9f0">[email protected]</span></a>.
    (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 (PF20-4-
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, MD 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.

Summary of the Planned Project

    Kern River plans to construct and operate an approximately 35.84-
mile-long, 24-inch-diameter pipeline; a delivery meter station located 
near Delta, Utah; and appurtenant facilities including a block valve, 
taps, and a launcher and receiver in Millard County, Utah. The planned 
Delta Lateral Project would provide about 140 million standard cubic 
feet of natural gas per day to the Intermountain Power Agency's 
Intermountain Power Project.
    The Delta Lateral Project would consist of the following 
facilities:
    <bullet> A 35.84-mile-long, 24-inch-diameter natural gas pipeline;
    <bullet> a delivery meter station;
    <bullet> two mainline taps with automated lateral inlet valve 
assemblies;
    <bullet> an in-line inspection device (i.e., pig \1\) launcher and 
receiver;
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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.
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    <bullet> an automated lateral block valve assembly; and
    <bullet> ancillary facilities.
    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 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 <a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="0a4c4f584945646663646f597f7a7a65787e4a6c6f7869246d657c">[email protected]</a> or call toll free, (886) 208-3676 
or TTY (202) 502-8659.
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Land Requirements for Construction

    Construction of the planned facilities would disturb about 538 
acres of land for the pipeline and aboveground facilities. Following 
construction, Kern River would maintain about 218 acres for permanent 
operation of the project's facilities; the remaining acreage would be 
restored and revert to former uses. About 50 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:
    <bullet> Geology and soils;
    <bullet> water resources and wetlands;
    <bullet> vegetation and wildlife;
    <bullet> threatened and endangered species;
    <bullet> cultural resources;
    <bullet> land use;
    <bullet> air quality and noise; and
    <bullet> reliability and safety.
    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 after 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

[[Page 1494]]

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. Currently, the U.S Department of 
the Interior, Bureau of Land Management has expressed its intention to 
participate as a cooperating agency in the preparation of the 
environmental document to satisfy its NEPA responsibilities related to 
this project.
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    \4\ The Council on Environmental Quality regulations addressing 
cooperating agency responsibilities are at Title 40, Code of Federal 
Regulations, Part 1501.6.
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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 return the 
attached ``Mailing List Update Form'' (appendix 2).

Becoming an Intervenor

    Once Kern River 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/resources/guides/how-to.asp. 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 <a href="/cdn-cgi/l/email-protection#387e5d4a5b77565451565d6b4d4848574a4c785e5d4a5b165f574e"><span class="__cf_email__" data-cfemail="b7f1d2c5d4f8d9dbded9d2e4c2c7c7d8c5c3f7d1d2c5d499d0d8c1">[email protected]</span></a> 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: January 4, 2021.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2021-00129 Filed 1-7-21; 8:45 am]
BILLING CODE 6717-01-P


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