62050 Federal Register / Vol. 76, No. 194 / Thursday, October 6, 2011 / Notices 

11–109–LNG. DOE/FE suggests that 

electronic filers carefully review 

information provided in their 

submissions and include only 

information that is intended to be 

publicly disclosed; (2) e-mailing the 

filing to fergas@hq.doe.gov with FE 

Docket No. 11–109–LNG in the title 

line; (3) mailing an original and three 

paper copies of the filing to the Office 

Natural Gas Regulatory Activities at the 

address listed in ADDRESSES; or (4) hand 

delivering an original and three paper 

copies of the filing to the Office of 

Natural Gas Regulatory Activities at the 

address listed in ADDRESSES. 

A decisional record on the 

Application will be developed through 

responses to this notice by parties, 

including the parties’ written comments 

and replies thereto. Additional 

procedures will be used as necessary to 

achieve a complete understanding of the 

facts and issues. A party seeking 

intervention may request that additional 

procedures be provided, such as 

additional written comments, an oral 

presentation, a conference, or trial-type 

hearing. Any request to file additional 

written comments should explain why 

they are necessary. Any request for an 

oral presentation should identify the 

substantial question of fact, law, or 

policy at issue, show that it is material 

and relevant to a decision in the 

proceeding, and demonstrate why an 

oral presentation is needed. Any request 

for a conference should demonstrate 

why the conference would materially 

advance the proceeding. Any request for 

a trial-type hearing must show that there 

are factual issues genuinely in dispute 

that are relevant and material to a 

decision and that a trial-type hearing is 

necessary for a full and true disclosure 

of the facts. 

If an additional procedure is 

scheduled, notice will be provided to all 

parties. If no party requests additional 

procedures, a final Opinion and Order 

may be issued based on the official 

record, including the Application and 

responses filed by parties pursuant to 

this notice, in accordance with 10 CFR 

590.316. 

The Application filed by 

ConocoPhillips is available for 

inspection and copying in the Office of 

Natural Gas Regulatory Activities docket 

room, Room 3E–042, 1000 

Independence Avenue, SW., 

Washington, DC 20585. The docket 

room is open between the hours of 8 

a.m. and 4:30 p.m., Monday through 

Friday, except Federal holidays. The 

Application and any filed protests, 

motions to intervene or notice of 

interventions, and comments will also 

be available electronically by going to 

the following DOE/FE Web address: 

http://www.fe.doe.gov/programs/ 

gasregulation/index.html. In addition, 

any electronic comments filed will also 

be available at: http:// 

www.regulations.gov. 

Issued in Washington, DC, on September 

30, 2011. 

John A. Anderson, 

Manager, Natural Gas Regulatory Activities, 

Office of Oil and Gas Global Security and 

Supply, Office of Fossil Energy. 

[FR Doc. 2011–25887 Filed 10–5–11; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

DOE/NSF Nuclear Science Advisory 

Committee 

AGENCY: Department of Energy, Office of 

Science. 

ACTION: Notice of renewal. 

SUMMARY: Pursuant to Section 

14(a)(2)(A) of the Federal Advisory 

Committee Act (Pub. L. 92–463), and in 

accordance with Title 41 of the Code of 

Federal Regulations, Section 102– 

3.65(a), and following consultation with 

the Committee Management Secretariat, 

General Services Administration, notice 

is hereby given that the DOE/NSF 

Nuclear Science Advisory Committee 

(NSAC) will be renewed for a two-year 

period beginning on September 30, 

2011. 

The Committee will provide advice to 

the Director, Office of Science 

(Department of Energy), and the 

Assistant Director, Directorate for 

Mathematical and Physical Sciences 

(National Science Foundation), on 

scientific priorities within the field of 

basic nuclear science research. 

Additionally, the renewal of the 

NSAC has been determined to be 

essential to conduct business of the 

Department of Energy and the National 

Science Foundation and to be in the 

public interest in connection with the 

performance of duties imposed upon the 

Department of Energy, by law and 

agreement. The Committee will 

continue to operate in accordance with 

the provisions of the Federal Advisory 

Committee Act, and the rules and 

regulations in implementation of that 

Act. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Timothy Hallman, Designated Federal 

Officer, at (301) 903–3613. 

Issued at Washington, DC, on September 

30, 2011. 

Carol A. Matthews, 

Committee Management Officer. 

[FR Doc. 2011–25888 Filed 10–5–11; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Issuance of a Loan Guarantee to 

Abengoa Bioenergy Biomass of 

Kansas, LLC for the Abengoa 

Biorefinery Project Near Hugoton, 

Stevens County, KS 

AGENCY: U.S. Department of Energy, 

Loan Programs Office. 

ACTION: Record of decision. 

SUMMARY: The U.S. Department of 

Energy (DOE) announces its decision to 

issue a $134 million loan guarantee 

under Title XVII of the Energy Policy 

Act of 2005 (EPAct 2005) to Abengoa 

Bioenergy Biomass of Kansas, LLC 

(Abengoa) for construction and start-up 

of a cellulosic ethanol plant near 

Hugoton, Kansas (Project). The 

integrated biorefinery will use a 

combination of biomass feedstocks, 

such as corn stover and wheat straw, to 

produce cellulosic ethanol and to 

generate sufficient electricity to power 

the facility. The Project site comprises 

approximately 810 acres of row-cropped 

agricultural land. The biorefinery 

facilities will be developed on 385 acres 

and the remaining 425 acres will 

continue in agricultural use and act as 

a buffer area between the biorefinery 

and the Hugoton city limits. The 

environmental impacts of the 

construction and operation of this 

project were analyzed pursuant to the 

National Environmental Policy Act 

(NEPA) in the Final Environmental 

Impact Statement for the Proposed 

Abengoa Biorefinery Project near 

Hugoton, Stevens County, Kansas (DOE/ 

EIS–0407F) (Final EIS) (August 2010) 

and in an associated Supplement 

Analysis (DOE/EIS–0407/SA–1; July 

2011), prepared by the DOE Office of 

Energy Efficiency and Renewable 

Energy (EERE) Golden Field Office. DOE 

published a Record of Decision (ROD) 

on January 12, 2011 (76 FR 2096) to 

provide Federal funding under Section 

932 of EPAct 2005 to Abengoa for the 

Project. The project for which DOE 

earlier provided funding under Section 

932, with some modifications, is the 

same project for which DOE is now 

making a decision to issue a loan 

guarantee under Title XVII of EPAct 

2005. DOE Loan Programs Office 

determined that the project analyzed in 

the Final EIS and Supplement Analysis 

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Federal Register / Vol. 76, No. 194 / Thursday, October 6, 2011 / Notices 62051 

encompasses all activities covered by 

the loan guarantee. 

ADDRESSES: Copies of this ROD and the 

Final EIS may be obtained by contacting 

Sharon Thomas, NEPA Document 

Manager, Environmental Compliance 

Division, Loan Programs Office (LP–10), 

U.S. Department of Energy, 1000 

Independence Avenue, SW., 

Washington, DC 20585; telephone 202– 

586–5335; or e-mail 

Sharon.R.Thomas@hq.doe.gov, or by 

accessing these documents on the DOE 

NEPA Web site at http://energy.gov/ 

nepa and on the Loan Programs Web 

site at http:// 

www.loanprograms.energy.gov. 

FOR FURTHER INFORMATION CONTACT: For 

further information about this ROD, 

contact Sharon Thomasmailto:, as 

indicated in the ADDRESSES section 

above. For general information about the 

DOE NEPA process, contact Carol 

Borgstrom, Director, Office of NEPA 

Policy and Compliance (GC–54), U.S. 

Department of Energy, 1000 

Independence Avenue, SW., 

Washington, DC 20585; telephone 202– 

586–4600; leave a message at 800–472– 

2756; or e-mail askNEPA@hq.doe.gov. 

Information about DOE NEPA activities 

and access to DOE NEPA documents are 

available through the DOE NEPA Web 

site at http://energy.gov/nepa. 

SUPPLEMENTARY INFORMATION: 

Background 

The Abengoa Project will be 

constructed on a 385-acre parcel near 

Hugoton, Kansas. Abengoa has optioned 

an additional 425 acres immediately 

east of the biorefinery parcel, between 

the biorefinery and the Hugoton city 

limits, as a buffer area. The planned 

usage of the optioned parcel would be 

to continue its use as irrigated 

agricultural land, to test production of 

biomass feedstocks, and for biomass 

storage. The biomass-to-ethanol and 

cogeneration facility proposed by 

Abengoa would use lignocellulosic 

biomass (biomass) as feedstock to 

produce biofuels and electricity. 

Biomass, including corn stover, wheat 

straw, milo stubble, mixed warm season 

grasses (such as switchgrass), and other 

available materials, would be harvested 

as feedstock and fermented to produce 

ethanol and potentially lignin. The 

biorefinery’s cogeneration facility would 

also produce biopower, or bioenergy, in 

the form of electricity. The cogeneration 

facility co-located at the site would use 

direct-firing (that is, using the biomass 

as a solid fuel in a biomass boiler) to 

produce steam. Steam produced in the 

biomass boiler would be used for 

facility processes and to produce 

electricity. 

Under Section 932 of EPAct 2005, 

Congress directed DOE to carry out a 

program to demonstrate the commercial 

application of integrated biorefineries 

for the production of biofuels, in 

particular ethanol, from lignocellulosic 

feedstocks. To implement its 

responsibilities under Section 932, DOE 

issued a funding opportunity 

announcement in February 2006 for the 

design, construction, and startup of 

commercial-scale integrated 

biorefineries. In February 2007, DOE 

EERE selected Abengoa and five other 

applicants for negotiation of award. In 

December 2009, Abengoa applied for a 

loan guarantee from the Department’s 

Loan Programs Office pursuant to Title 

XVII of EPAct 2005. 

NEPA Review 

In August 2008, DOE published in the 

Federal Register its Notice of Intent to 

Prepare an Environmental Impact 

Statement and Notice of Wetlands 

Involvement for the Abengoa Biorefinery 

Project near Hugoton, KS (73 FR 50001), 

starting a 45-day public scoping period 

during which DOE held a public 

scoping meeting in Hugoton, Kansas. In 

April 2009, DOE re-opened public 

scoping and published in the Federal 

Register its Amended Notice of Intent to 

Modify the Scope of the Environmental 

Impact Statement for the Abengoa 

Biorefinery Project near Hugoton, KS (74 

FR 19543). The amended notice 

informed the public about changes in 

the Project relevant to the scope of the 

ongoing EIS. DOE conducted a 30-day 

public scoping period and held a second 

public scoping meeting in Hugoton, 

Kansas. On September 23, 2009, DOE 

published in the Federal Register its 

Notice of Availability for the Draft 

Environmental Impact Statement for the 

Abengoa Biorefinery Project Near 

Hugoton, Stevens County, KS (DOE/EIS– 

0407D) (74 FR 48525) (Draft EIS). On 

September 25, 2009, the U.S. 

Environmental Protection Agency (EPA) 

listed the Draft EIS in its weekly notice 

of availability (74 FR 48951). 

DOE conducted a public hearing in 

Hugoton during the 45-day public 

comment period on the Draft EIS. DOE 

prepared a comment-response chapter 

for the Final EIS (Chapter 10) that 

includes each public comment received 

on the Draft EIS and DOE’s response. 

DOE issued the Final EIS, and EPA 

listed the Final EIS in its weekly notice 

of availability on August 20, 2010 (75 

FR 51458). DOE issued a ROD, 

published on January 12, 2011 (76 FR 

2096), to provide Federal funding under 

Section 932 of EPAct 2005 to Abengoa 

for the Project (identified in the Final 

EIS and ROD as the Proposed Action). 

Since issuance of the ROD, Abengoa 

has proposed a modification to the 

Proposed Action. Under the original 

Proposed Action, the biorefinery would 

process approximately 2,500 dry short 

tons per day of feedstock and produce 

up to 19 million gallons of denatured 

ethanol per year and 125 megawatts of 

electricity, 75 of which would be sold 

commercially. Under the Modified 

Proposed Action, the biorefinery would 

process approximately 1,000 dry short 

tons per day of feedstock and produce 

up to 25 million gallons of denatured 

ethanol per year and 20 megawatts of 

electricity for use at the facility, none of 

which would be sold to the grid. In July 

2011, pursuant to DOE NEPA 

regulations (10 CFR 1021.314), DOE 

issued a Supplement Analysis for the 

Final Environmental Impact Statement 

for the Proposed Abengoa Biorefinery 

Project near Hugoton, Stevens County, 

Kansas (DOE/EIS–0407/SA–1) that 

examined the potential environmental 

impacts of the Modified Proposed 

Action and addressed whether they 

were within the range of the potential 

environmental impacts analyzed in the 

Final EIS. Based on the Supplement 

Analysis, DOE determined on July 7, 

2011, that the Modified Proposed 

Action would not constitute a 

substantial change in actions previously 

analyzed and would not present 

significant new circumstances or 

information relevant to the 

environmental concerns and bearing on 

the previously analyzed actions or 

impacts, within the meaning of 40 CFR 

1502.9(c) and 10 CFR 1021.314. 

Accordingly, DOE determined that a 

supplement to the FEIS was not 

required. On August 19, 2011, DOE 

announced its decision to offer a 

conditional commitment to Abengoa to 

provide a $134 million loan guarantee to 

support the financing of the Project 

(Modified Proposed Action). 

Alternatives Considered 

In the Final EIS, DOE considered 

three alternatives, including the Project 

as identified in the Final EIS as the 

Proposed Action (selected by DOE in 

the January 2011 ROD), an Action 

Alternative, and the No Action 

Alternative. These alternatives were 

described in detail and fully analyzed in 

the Final EIS. 

The DOE decision to select the 

Proposed Action (provide Federal 

funding under Section 932 of EPAct 

2005 for the Project) includes best 

management practices and mitigation 

measures identified in Chapter 6 of the 

Final EIS, Best Management Practices 

mstockstill on DSK4VPTVN1PROD with NOTICES

62052 Federal Register / Vol. 76, No. 194 / Thursday, October 6, 2011 / Notices 

and Mitigation, and summarized in the 

January 2011 ROD. These practices and 

mitigation measures, and additional 

mitigation measures identified in the 

Supplement Analysis for the Modified 

Proposed Action, will be implemented 

for the Project. Mitigation measures 

beyond those specified in permit 

conditions will be addressed in a 

mitigation action plan (MAP) that DOE 

will prepare pursuant to 10 CFR 

1021.331. The MAP and annual 

monitoring reports will be available on 

the DOE NEPA Web site (http:// 

energy.gov/nepa) and the DOE Golden 

Field Office Web site (http:// 

www.eere.energy.gov/golden/ 

Reading_Room.aspx). 

DOE’s decision in this ROD is 

whether or not to issue a $134 million 

loan guarantee to Abengoa to support 

construction and start-up of the Project. 

Accordingly, DOE’s alternatives are (1) 

to issue a loan guarantee to Abengoa for 

the Proposed Action alternative selected 

in the January 2011 ROD and 

subsequently modified (the Modified 

Proposed Action described in the 

Supplement Analysis), and (2) No 

Action Alternative, i.e., no loan 

guarantee. 

Environmentally Preferred Alternative 

Issuance of a loan guarantee for the 

Project would result in both beneficial 

and adverse potential environmental 

impacts. Potential beneficial impacts 

include those associated with 

reductions in greenhouse gas emissions 

and a decrease in water withdrawals; 

adverse impacts include those 

associated with a substantial increase in 

transportation activity and minor 

impacts from air emissions. On balance, 

DOE regards the No Action Alternative, 

which would result in no change in 

existing environmental conditions, as 

the environmentally preferred 

alternative. 

Decision 

On January 12, 2011, DOE announced 

the issuance of a ROD to provide 

Federal funding under Section 932 of 

EPAct 2005 to Abengoa for the Project. 

DOE’s decision in this ROD is to select 

alternative (1) identified above: To issue 

a loan guarantee for construction and 

start-up of the Project (the Modified 

Proposed Action as described in the 

Supplement Analysis). Under 

alternative (2), the No Action 

Alternative, DOE would not issue a loan 

guarantee for the Project, and it is 

unlikely that Abengoa would implement 

the Project as currently planned. While 

the direct and indirect environmental 

impacts of the Project would be avoided 

under the No Action Alternative, the 

benefits that would be gained from the 

development, demonstration, and 

commercial operation of an integrated 

biorefinery that uses lignocellulosic 

feedstocks would not be realized. In 

addition, no benefits would be realized 

from the reduction of air pollutants and 

emissions of greenhouse gases by 

displacing gasoline with biofuel. 

Approval of the loan guarantee for the 

Project meets DOE’s purpose and need 

pursuant to Title XVII of EPAct 2005 (42 

U.S.C. 16511–16514) for eligible 

projects under Section 1703 of Title 

XVII, which authorizes the Secretary of 

Energy to make loan guarantees for 

projects that (1) avoid, reduce, or 

sequester air pollutants or 

anthropogenic emissions of greenhouse 

gases and (2) employ new or 

significantly improved technologies as 

compared to commercial technologies in 

service in the United States at the time 

the guarantee is issued. Issuance of loan 

guarantees for projects under Section 

1703 of Title XVII of EPAct 2005 

facilitates the acceleration of the 

commercialization of innovative, 

environmentally-friendly technologies 

that will have an impact on ensuring 

clean, affordable, and reliable supplies 

of energy. The purpose and need for 

DOE’s loan guarantee action is to 

comply with DOE’s mandate under Title 

XVII of EPAct 2005 by selecting projects 

that meet the goals of the Act. 

In addition, the Project is also eligible 

for a loan guarantee under Section 1705 

of Title XVII (implemented pursuant to 

Section 406 of the American Recovery 

and Reinvestment Act of 2009 (ARRA)). 

Eligible Section 1705 projects include 

renewable energy projects and related 

manufacturing facilities, electric power 

transmission projects, and leading edge 

biofuels projects. The primary purposes 

of ARRA are job preservation and 

creation, infrastructure investment, 

energy efficiency and science, assistance 

to the unemployed, and state and local 

fiscal stabilization. Issuances of loan 

guarantees for eligible projects under 

Section 1705 are designed to address the 

current economic conditions facing the 

nation. To qualify under Section 1705, 

projects must commence construction 

by September 30, 2011. 

Mitigation 

This ROD incorporates all practicable 

means to avoid or minimize 

environmental harm. The Project that 

will be supported by issuance of the 

DOE loan guarantee includes all 

mitigation conditions applied by DOE 

for this Project in its Final EIS, January 

2011 ROD, and Supplement Analysis. In 

the Supplement Analysis, DOE 

concluded that additional mitigation 

measures are warranted to reduce 

potential impacts from accidental 

releases of anhydrous ammonia. 

Mitigation measures beyond those 

specified in permit conditions will be 

addressed in a MAP that DOE will 

prepare pursuant to 10 CFR 1021.331. 

The MAP will explain how the 

mitigation measures will be planned, 

implemented, and monitored. DOE will 

ensure that commitments in the ROD 

are incorporated into DOE’s loan 

guarantee agreement with Abengoa. The 

MAP and annual monitoring reports 

will be available on the DOE NEPA Web 

site (http://energy.gov/nepa) and the 

DOE Golden Field Office Web site 

(http://www.eere.energy.gov/golden/ 

Reading_Room.aspx). 

DOE’s loan guarantee agreements 

require the applicant to comply with all 

applicable laws and the MAP, including 

mitigation measures contained therein. 

An applicant’s failure to comply with 

applicable laws and the MAP would 

constitute a default. Upon the 

continuance of a default, DOE would 

have the right under the loan guarantee 

agreement between it and the applicant 

to exercise usual and customary 

remedies. To ensure that the applicant 

so performs, the DOE Loan Programs 

Office proactively monitors all operative 

loan guarantee transactions. 

Issued in Washington, DC, on September 

20, 2011. 

Jonathan M. Silver, 

Executive Director, Loan Programs Office. 

[FR Doc. 2011–25857 Filed 10–5–11; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Issuance of a Loan Guarantee to First 

Solar, Inc., for the Desert Sunlight 

Solar Farm Project 

AGENCY: U.S. Department of Energy. 

ACTION: Record of decision. 

SUMMARY: The U.S. Department of 

Energy (DOE) announces its decision to 

issue a loan guarantee under Title XVII 

of the Energy Policy Act of 2005 (EPAct 

2005) to First Solar, Inc., (First Solar) for 

construction and start-up of the Desert 

Sunlight Solar Farm Project (DSSFP or 

the Project), a 550-megawatt (MW) 

nominal capacity solar photovoltaic 

power generating facility on 

approximately 4,144 acres, all of which 

is administered by the U.S. Department 

of the Interior, Bureau of Land 

Management (BLM), in Riverside 

County, California. The potential 

environmental impacts of constructing 

and operating this project were analyzed 

pursuant to the National Environmental 

mstockstill on DSK4VPTVN1PROD with NOTICES