[Federal Register Volume 75, Number 40 (Tuesday, March 2, 2010)]
[Notices]
[Pages 9404-9406]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-4252]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. PF09-14-000]


Turtle Bayou Gas Storage Company, LLC; Amended Notice of Intent 
To Prepare an Environmental Assessment for the Planned Turtle Bayou 
Natural Gas Storage Project and Request for Comments on Environmental 
Issues

February 23, 2010.
    As previously noticed on November 20, 2009, and amended herein, the 
staff of the Federal Energy Regulatory Commission (FERC or Commission) 
will prepare an environmental assessment (EA) that will discuss the 
environmental impacts of the Turtle Bayou Natural Gas Storage Project 
involving construction and operation of facilities by Turtle Bayou Gas 
Storage Company, LLC (Turtle Bayou) in Liberty County, Texas. This EA 
will be used by the Commission in its decision-making process to 
determine whether the project is in the public convenience and 
necessity.
    This notice announces the opening of a second scoping period (due 
to pipeline route changes in the project design) the Commission will 
use to gather input from the public and interested agencies on the 
project. Your input will help the Commission staff determine what 
issues need to be evaluated in the EA. Please note that the scoping 
period will close on March 25, 2010.
    This notice is being sent to the Commission's current environmental 
mailing list for this project, which includes newly identified affected 
landowners along the revised pipeline route; landowners who would no 
longer be affected by Turtle Bayou's previous pipeline route; 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. 
State and local government representatives are asked to 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, you may be contacted 
by a pipeline company representative about the acquisition of an 
easement to construct, operate, and maintain the planned facilities. 
The company would seek to negotiate a mutually acceptable agreement. 
However, if the project is approved by the Commission, that approval 
conveys with it the right of

[[Page 9405]]

eminent domain. Therefore, if easement negotiations fail to produce an 
agreement, the pipeline company could initiate condemnation proceedings 
in accordance with state law.
    A fact sheet prepared by the FERC entitled ``An Interstate Natural 
Gas Facility on My Land? What Do I Need To Know?'' is available for 
viewing on the FERC Web site (http://www.ferc.gov). This fact sheet 
addresses a number of typically asked questions, including the use of 
eminent domain and how to participate in the Commission's proceedings.

Summary of the Planned Project

    Since issuance of our \1\ November 20, 2009 notice, Turtle Bayou 
has changed the preferred location of about 7.6 miles of its planned 
pipeline (from milepost 4.8 to 12.4). Turtle Bayou's current 
configuration of the planned facilities was changed to avoid an 
identified superfund site.
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    \1\ ``We,'' us,'' and ``our'' refer to the environmental staff 
of the Commission's Office of Energy Projects.
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    Turtle Bayou plans to construct and operate a new natural gas 
storage facility in a solution-mined salt dome in Liberty County, 
Texas. The Turtle Bayou Natural Gas Storage Project would provide about 
12.0 billion cubic feet of working gas storage and would be integrated 
into the regional gas transmission system through interconnects with 
existing and planned interstate pipelines. According to Turtle Bayou, 
its project would store natural gas from Gulf Coast producers, 
liquefied natural gas import terminals, and new gas pipeline projects 
through interconnects with Natural Gas Pipeline Company of America 
(NGPA) and Texas Eastern Transmission Company (Texas Eastern). The 
planned storage facility would provide needed deliverability to end 
users in the eastern United States. Additionally, Turtle Bayou's 
planned project would provide its customers with flexibility to 
contract for varying levels of deliverability by interconnecting with 
other pipeline systems throughout the region.
    The Turtle Bayou Natural Gas Storage Project would consist of the 
following facilities:
    <bullet> Two salt storage caverns, wells, and well pads;
    <bullet> A 17,000-horsepower compressor station;
    <bullet> Two meter stations and tie-in facilities (one for NGPA and 
one for Texas Eastern);
    <bullet> Two sections of 24-inch-diameter natural gas pipeline 
totaling about 12.4 miles (7.6 and 4.8 miles); and
    <bullet> Three sections of 18-inch-diameter water and brine 
pipeline totaling about 1.8 miles (1.6, 0.1, and 0.1 miles).
    The general location of the project facilities is shown in appendix 
1.\2\
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    \2\ The appendices referenced in this notice are not being 
printed in the Federal Register. Copies of appendices were sent to 
all those receiving this notice in the mail and are available at 
http://www.ferc.gov using the link called ``eLibrary'' or from the 
Commission's Public Reference Room, 888 First Street, NE., 
Washington, DC 20426, or call (202) 502-8371. For instructions on 
connecting to eLibrary, refer to the last page of this notice.
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Land Requirements for Construction

    Construction of the planned facilities would disturb about 333 
acres of land for the aboveground facilities and the pipeline. 
Following construction, about 170 acres would be maintained for 
permanent operation of the project's facilities (111 acres for storage 
facilities [including electrical easements] and 59 acres for pipeline 
facilities); the remaining acreage would be restored and allowed to 
revert to former uses. The planned pipeline route generally parallels 
existing pipeline, utility, or road rights-of-way.

The EA Process

    The National Environmental Policy Act (NEPA) requires the 
Commission to take into account the environmental impacts that could 
result from an action whenever it considers the issuance of a 
Certificate of Public Convenience and Necessity. NEPA also requires us 
to discover and address concerns the public may have about proposals. 
This process is referred to as scoping. The main goal of the scoping 
process is to focus the analysis in the EA on the important 
environmental issues. By this notice, the Commission requests public 
comments on the scope of the issues to address in the EA. All comments 
received will be considered during the preparation of the EA.
    In the EA we will discuss impacts that could occur as a result of 
the construction and operation of the planned project under these 
general headings:
    <bullet> Geology and soils;
    <bullet> Land use;
    <bullet> Water resources, fisheries, and wetlands;
    <bullet> Cultural resources;
    <bullet> Vegetation and wildlife;
    <bullet> Air quality and noise;
    <bullet> Endangered and threatened species; and
    <bullet> Public safety.
    We will also evaluate possible 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.
    Although no formal application has been filed, we have already 
initiated our 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 an 
application is filed with the FERC. As part of our pre-filing review, 
we have begun to contact some federal and state agencies to discuss 
their involvement in the scoping process and the preparation of the EA.
    Our independent analysis of the issues will be presented in the EA. 
The EA will be placed in the public record and, depending on the 
comments received during the scoping process, may be published and 
distributed to the public. A comment period will be allotted if the EA 
is published for review. We will consider all comments on the EA before 
we make our recommendations to the Commission. To ensure your comments 
are considered, please carefully follow the instructions in the Public 
Participation section below.
    With this notice, we are asking agencies with jurisdiction and/or 
special expertise with respect to environmental issues to formally 
cooperate with us in the preparation of the EA. These agencies may 
choose to participate once they have evaluated the proposal relative to 
their responsibilities. 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 has expressed its intention 
to participate as a cooperating agency in the preparation of the EA to 
satisfy its NEPA responsibilities related to this project.

Public Participation

    You can make a difference by providing us with your specific 
comments or concerns about the project. Your comments should focus on 
the potential environmental effects, reasonable alternatives, and 
measures to avoid or lessen environmental impacts. The more specific 
your comments, the more useful they will be. To ensure that your 
comments are timely and properly recorded, please send your comments so 
that they will be received in Washington, DC on or before March 25, 
2010.
    For your convenience, there are three methods you can use to submit 
your comments to the Commission. The Commission encourages electronic 
filing

[[Page 9406]]

of comments and has expert eFiling staff available to assist you at 
(202) 502-8258 or <a href="/cdn-cgi/l/email-protection#85e0e3ece9ecebe2c5e3e0f7e6abe2eaf3"><span class="__cf_email__" data-cfemail="3451525d585d5a5374525146571a535b42">[email protected]</span></a>.
    (1) You may file your comments electronically by using the Quick 
Comment feature, which is located at http://www.ferc.gov under the link 
called ``Documents and Filings''. A Quick Comment is an easy method for 
interested persons to submit text-only comments on a project;
    (2) You may file your comments electronically by using the 
``eFiling'' feature that is listed under the ``Documents and Filings'' 
link. eFiling involves preparing your submission in the same manner as 
you would if filing on paper, and then saving the file on your 
computer's hard drive. You will attach that file to your submission. 
New eFiling users must first create an account by clicking on the links 
called ``Sign up'' or ``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 may file a paper copy of your comments at the following 
address: Kimberly D. Bose, Secretary, Federal Energy Regulatory 
Commission, 888 First Street, NE., Room 1A, Washington, DC 20426.

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; 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. 
We will update the environmental mailing list as the analysis proceeds 
to ensure that we send the information related to this environmental 
review to all individuals, organizations, and government entities 
interested in and/or potentially affected by the planned project. If 
the EA is published for distribution, copies will be sent to the 
environmental mailing list for public review and comment.

Becoming an Intervenor

    Once Turtle Bayou files its application with the Commission, you 
may want to become an ``intervenor,'' which is an official party to the 
Commission's proceeding. Intervenors play a more formal role in the 
process and are able to file briefs, appear at hearings, 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. Instructions for becoming an intervenor are 
included in the User's Guide under the ``e-filing'' link on the 
Commission's website. Please note that you may not request intervenor 
status at this time. You must wait until a formal application for the 
project is filed with the Commission.

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 Web site (http://www.ferc.gov) using the eLibrary link. Click on 
the eLibrary link, click on ``General Search'' and enter the docket 
number, excluding the last three digits in the Docket Number field 
(i.e., PF09-14). Be sure you have selected an appropriate date range. 
For assistance, please contact FERC Online Support at 
<a href="/cdn-cgi/l/email-protection#7c3a190e1f3312101512192f090c0c130e083c1a190e1f521b130a"><span class="__cf_email__" data-cfemail="81c7e4f3e2ceefede8efe4d2f4f1f1eef3f5c1e7e4f3e2afe6eef7">[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 formal documents issued by the Commission, such as orders, 
notices, and rulemakings.
    In addition, the Commission offers a free service called 
eSubscription which allows you to keep track of all formal issuances 
and submittals in specific dockets. This can reduce the amount of time 
you spend researching proceedings by automatically providing you with 
notification of these filings, document summaries and direct links to 
the documents. Go to http://www.ferc.gov/esubscribenow.htm.
    Further, public meetings or site visits will be posted on the 
Commission's calendar located at http://www.ferc.gov/EventCalendar/EventsList.aspx along with other related information.
    Finally, Turtle Bayou has established a website for its project at 
http://www.turtlebayougasstorage.com and a toll-free number at (877) 
558-4521. The Web site includes a description of the project, 
frequently asked questions, and other information.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-4252 Filed 3-1-10; 8:45 am]
BILLING CODE 6717-01-P


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