Federal Register / Vol. 86, No. 167 / Wednesday, September 1, 2021 / Notices 49017 

remove your name from the mailing list, 

please complete one of the following 

steps: 

(1) Send an email to 

GasProjectAddressChange@ferc.gov 

stating your request. You must include 

the docket number CP21–45–000 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 (i.e., CP21–45). Be sure you have 

selected an appropriate date range. For 

assistance, please contact FERC Online 

Support at FercOnlineSupport@ferc.gov 

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/newsevents/events along with other related 

information. 

Dated: August 26, 2021. 

Debbie-Anne A. Reese, 

Deputy Secretary. 

[FR Doc. 2021–18896 Filed 8–31–21; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Docket No. CP21–197–000] 

Kern River Gas Transmission 

Company; Notice of Intent To Prepare 

an Environmental Impact Statement for 

the Proposed Delta Lateral Project, 

Request for Comments on 

Environmental Issues, and Schedule 

for Environmental Review 

The staff of the Federal Energy 

Regulatory Commission (FERC or 

Commission) will prepare an 

environmental impact statement (EIS) 

that will discuss the environmental 

impacts of the Delta Lateral Project 

(Project) involving construction and 

operation of facilities by Kern River Gas 

Transmission Company (Kern River) in 

Millard County, Utah. The Commission 

will use the EIS in its decision-making 

process to determine whether Kern 

River’s proposed Project is in the public 

convenience and necessity. The 

schedule for preparation of the EIS is 

discussed in the Schedule for 

Environmental Review section of this 

notice. 

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 whenever it 

considers the issuance of a Certificate of 

Public Convenience and Necessity. This 

gathering of public input is referred to 

as ‘‘scoping.’’ By notice issued on 

January 4, 2021 in Docket No. PF20–4– 

000, the Commission opened a scoping 

period during Kern River’s planning 

process for the Project and prior to filing 

a formal application with the 

Commission, a process referred to as 

‘‘pre-filing.’’ Kern River has now filed 

an application with the Commission, 

and staff intends to prepare an EIS that 

will address the concerns raised during 

the pre-filing scoping process and 

comments received in response to this 

notice. Therefore, the Commission 

requests comments on potential 

alternatives and impacts, and any 

relevant information, studies, or 

analyses of any kind concerning impacts 

affecting the quality of the human 

environment. 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 September 27, 2021. 

Further details on how to submit 

comments are provided in the Public 

Participation section of this notice. 

As mentioned above, during the prefiling process, the Commission opened 

a scoping period which expired on 

February 3, 2021; however, Commission 

staff continued to accept comments 

during the entire pre-filing process. All 

substantive written and oral comments 

provided during pre-filing will be 

addressed in the EIS. Therefore, if you 

submitted comments on this Project to 

the Commission during the pre-filing 

process in Docket No. PF20–4–000 you 

do not need to file those comments 

again. 

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 grant, exercise, or 

oversee the exercise of eminent domain 

authority. The courts have exclusive 

authority to handle eminent domain 

cases; the Commission has no 

jurisdiction over these matters. 

Kern River 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 

Questions or Landowner Topics link. 

Public Participation 

There are three methods you can use 

to submit your comments to the 

Commission. The Commission 

encourages electronic filing of 

comments and has staff available to 

assist you at (866) 208–3676 or 

FercOnlineSupport@ferc.gov. Please 

carefully follow these instructions so 

that your comments are properly 

recorded. 

(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 


khammond on DSKJM1Z7X2PROD with NOTICES
49018 Federal Register / Vol. 86, No. 167 / Wednesday, September 1, 2021 / Notices 

1The 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 

FERCOnlineSupport@ferc.gov or call toll free, (886) 

208–3676 or TTY (202) 502–8659. 

2The Council on Environmental Quality 

regulations addressing cooperating agency 

responsibilities are at Title 40 Code of Federal 

Regulations, Section 1501.8. 

3For instructions on connecting to eLibrary, refer 

to the last page of this notice. 

4 40 CFR 1508.1(z). 

5The 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. 

(3) You can file a paper copy of your 

comments by mailing them to the 

Commission. Be sure to reference the 

project docket number (CP21–197–000) 

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. This 

service provides automatic notification 

of filings made to subscribed dockets, 

document summaries, and direct links 

to the documents. Go to https://

www.ferc.gov/ferc-online/overview to 

register for eSubscription. 

Summary of the Proposed Project 

Kern River requests authorization to 

construct, own, operate, and maintain 

35.84 miles of 24-inch-diameter 

pipeline, a new delivery meter station, 

and related appurtenances in Millard 

County, Utah. The Project will provide 

natural gas to Intermountain Power 

Agency’s (IPA) Intermountain Power 

Project (IPP), which is being converted 

from coal-fired electrical generation to 

natural gas-fired electrical generation. 

The Project would include 

construction of the following facilities 

in Millard County, Utah: 

• A 35.84-mile, 24-inch-diameter 

natural gas pipeline; 

• two mainline taps with automated 

lateral inlet valve assemblies; 

• one in-line inspection device 

launcher; 

• one in-line inspection device 

receiver; 

• one automated lateral block valve 

assembly; 

• one delivery meter station; and 

• ancillary facilities. 

The general location of the project 

facilities is shown in appendix 1.1

Based on environmental information 

provided by the Company, construction 

of the proposed facilities would disturb 

about 543.5 acres of land for the 

pipeline and the aboveground facilities. 

Following construction, Kern River 

would maintain about 222.7 acres for 

permanent operation of the project’s 

facilities; the remaining acreage would 

be restored and revert to former uses. 

Based on an initial review of Kern 

River’s proposal and public comments 

received during the pre-filing process, 

Commission staff have identified several 

expected impacts that deserve attention 

in the EIS. These include: Impacts on 

public lands managed by the Bureau of 

Land Management and the Utah School 

and Institutional Trust Lands 

Administration; procedures for 

reclamation and restoration of lands 

disturbed during construction; effects of 

construction on mule deer and its 

habitat, protected bird species, and 

plants; impacts on grazing allotments 

and recreation, and greenhouse gas 

emissions. 

The NEPA Process and the EIS 

The EIS 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; 

• greenhouse gas and climate; 

• air quality and noise; and 

• reliability and safety. 

Commission staff will also make 

recommendations on how to lessen or 

avoid impacts on the various resource 

areas. Your comments will help 

Commission staff focus its analysis on 

the issues that may have a significant 

effect on the human environment. 

The EIS will present Commission 

staff’s independent analysis of the 

issues. The Bureau of Land Management 

is a cooperating agency in the 

preparation of the EIS.2 Staff will 

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 EIS and revise the document, 

as necessary, before issuing a final EIS. 

Any 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. 

Alternatives Under Consideration 

The EIS will evaluate reasonable 

alternatives that are technically and 

economically feasible and meet the 

purpose and need for the proposed 

action.4 Alternatives currently under 

consideration include: 

• The no-action alternative, meaning 

the Project is not implemented; and 

• a system alternative evaluating 

whether the Project purpose could be 

met by use of an existing pipeline 

system. 

With this notice, the Commission 

requests specific comments regarding 

any additional potential alternatives to 

the proposed action or segments of the 

proposed action. Please focus your 

comments on reasonable alternatives 

(including alternative facility sites and 

pipeline routes) that meet the Project 

objectives, are technically and 

economically feasible, and avoid or 

lessen environmental impact. 

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 

initiated section 106 consultation for the 

Project in the notice issued on January 

4, 2021, with the Utah State Historic 

Preservation Office, and other 

government agencies, interested Indian 

tribes, and the public to solicit their 

views and concerns regarding the 

project’s potential effects on historic 

properties.5 This notice is a 

continuation of section 106 consultation 

for the Project. The Project EIS will 

document findings on the impacts on 

historic properties and summarize the 

status of consultations under section 

106. 

Schedule for Environmental Review 

On May 5, 2021, the Commission 

issued its Notice of Application for the 

Project. Among other things, that notice 

alerted other agencies issuing federal 

authorizations of the requirement to 


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Federal Register / Vol. 86, No. 167 / Wednesday, September 1, 2021 / Notices 49019 

6The Commission’s deadline applies to the 

decisions of other federal agencies, and state 

agencies acting under federally delegated authority, 

that are responsible for federal authorizations, 

permits, and other approvals necessary for 

proposed projects under the Natural Gas Act. Per 

18 CFR 157.22(a), the Commission’s deadline for 

other agency’s decisions applies unless a schedule 

is otherwise established by federal law. 

complete all necessary reviews and to 

reach a final decision on the request for 

a federal authorization within 90 days of 

the date of issuance of the Commission 

staff’s final EIS for the Project. This 

notice identifies the Commission staff’s 

planned schedule for completion of a 

final EIS for the Project, which is based 

on an issuance of the draft EIS in 

November 2021. 

Issuance of Notice of Availability of the 

final EIS—February 23, 2022 

90-day Federal Authorization Decision 

Deadline 6—May 24, 2022 

If a schedule change becomes 

necessary for the final EIS, an additional 

notice will be provided so that the 

relevant agencies are kept informed of 

the Project’s progress. 

Permits and Authorizations 

The table below lists the anticipated 

permits and authorizations for the 

Project required under federal law. This 

list may not be all-inclusive and does 

not preclude any permit or 

authorization if it is not listed here. 

Agencies with jurisdiction by law and/ 

or special expertise may formally 

cooperate in the preparation of the 

Commission’s EIS and may adopt the 

EIS to satisfy its NEPA responsibilities 

related to this Project. 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. 

Permit Agency 

Right-of-Way Grant Temporary Use Permit .......................................................................................................... Bureau of Land Management. 

CWA Section 404 Discharges to Waters of the United States ............................................................................. U.S. Army Corps of Engineers. 

CWA Section 402 Stormwater and Construction Dewatering Permits ................................................................. Utah Department of Environmental Quality. 

Environmental Mailing List 

This notice is being sent to the 

Commission’s current environmental 

mailing list for the Project which 

includes the Bureau of Land 

Management, U.S. Environmental 

Protection Agency, Utah School and 

Institutional Trust Lands 

Administration, 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 proposed 

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 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 

GasProjectAddressChange@ferc.gov 

stating your request. You must include 

the docket number CP21–197–000 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, excluding the last three digits (i.e., 

CP21–197). Be sure you have selected 

an appropriate date range. For 

assistance, please contact FERC Online 

Support at FercOnlineSupport@ferc.gov 

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/newsevents/events along with other related 

information. 

Dated: August 26, 2021. 

Debbie-Anne A. Reese, 

Deputy Secretary. 

[FR Doc. 2021–18899 Filed 8–31–21; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Docket No. CP21–486–000] 

Northern States Power Company; 

Notice of Petition for Declaratory Order 

Take notice that on August 19, 2021, 

pursuant to Rule 207(a)(2) of the Federal 

Energy Regulatory Commission’s 

(Commission) Rules of Practice and 

Procedure, Northern States Power 

Company, a Minnesota corporation 

(NSPM), filed a petition for declaratory 

order requesting the Commission issue 

an order stating that NSPM’s acquisition 

of certain natural gas supply assets 

currently owned by Northern Natural 

Gas Company (Northern) will not 

change NSPM’s jurisdictional status as a 

natural gas local distribution company 

(LDC), exempt from the Commission’s 

jurisdiction under the Natural Gas Act. 

Any person desiring to intervene or to 

protest this filing must file in 

accordance with Rules 211 and 214 of 

the Commission’s Rules of Practice and 

Procedure (18 CFR 385.211, 385.214). 

Protests will be considered by the 

Commission in determining the 

appropriate action to be taken, but will 

not serve to make protestants parties to 

the proceeding. Any person wishing to 

become a party must file a notice of 


khammond on DSKJM1Z7X2PROD with NOTICES