[Federal Register Volume 75, Number 96 (Wednesday, May 19, 2010)]
[Notices]
[Pages 28002-28004]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-11911]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. PF10-8-000]


Duke Energy Indiana, Inc.; Notice of Intent To Prepare an 
Environmental Assessment for the Planned Gallagher Station Project, and 
Request for Comments on Environmental Issues

May 12, 2010.
    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 Gallagher Station Project, 
involving construction and operation of facilities by Duke Energy 
Indiana, Inc. (DEI) in Floyd and Harrison Counties, Indiana (IN) and 
Jefferson County, Kentucky (KY). The facilities include 20 miles of 20-
inch-diameter natural gas pipeline, supporting valves and other meter 
stations. 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 the scoping process 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 June 11, 2010.
    This notice is being sent to affected landowners; 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

[[Page 28003]]

agreement. However, if the project is approved by the Commission, that 
approval conveys with it the right of 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

    DEI plans to construct and operate approximately 20 miles of 20-
inch-diameter pipeline. According to DEI, its project would enable it 
to provide natural gas from the existing interstate pipeline facilities 
of Texas Gas Transmission, LLC. (Texas Gas) in Jefferson County, KY to 
two of four existing coal-fired units at the Gallagher Station which 
are being converted to natural gas-fired units. The electric generating 
pipeline would be designed to have a delivery pressure of 480 psig to 
the Gallagher Station; with a peak flow rate of 5.6 million cubic feet 
per hour (MMcf/hr) and an off-peak flow rate of 4.4 MMcf/hr.
    The Gallagher Station Project would also include:
    <bullet> Construction of one new natural gas meter station at 
Milepost (MP) 0.0 in Jefferson County, KY;
    <bullet> Construction of one new natural gas metering and 
regulation station at MP 19.52 in Floyd County, IN; and
    <bullet> Construction of two mainline block valves: One in Floyd 
County, IN at MP 13.52, and the other in Harrison County at MP 7.21.
    The general location of the project facilities is shown in appendix 
1.\1\
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    \1\ 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 286 
acres of land for the aboveground facilities and the pipeline. 
Following construction, about 118 acres would be maintained for 
permanent operation of the project's facilities; the remaining acreage 
would be restored and allowed to revert to former uses. About 50 
percent of the planned pipeline route parallels an existing electric 
transmission and road right-of-way (ROW).

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 
\2\ 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 in a timely fashion will be considered during the preparation 
of the EA.
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    \2\ ``We'', ``us'', and ``our'' refer to the environmental staff 
of the Commission's Office of Energy Projects.
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    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; and
    <bullet> endangered and threatened species.
    We 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.
    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.

Consultations Under Section 106 of the National Historic Preservation 
Act

    In accordance with the Advisory Council on Historic Preservation's 
implementing regulations for the section 106 process, we are using this 
notice to solicit the views of the public on the project's potential 
effects on historic properties.\3\ We will document our findings on the 
impacts on cultural resources and summarize the status of consultations 
under section 106 of the National Historic Preservation Act in our EA.
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    \3\ The Advisory Council on Historic Preservation's regulations 
are at Title 36, Code of Federal Regulations, Part 800.2(d).
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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 June 11, 
2010.
    For your convenience, there are three methods you can use to submit 
your comments to the Commission. In all instances, please reference the 
Project docket number (PF10-8-000) with your submission. The Commission 
encourages electronic filing of comments and has expert eFiling staff 
available to assist you at (202) 502-8258 or <a href="/cdn-cgi/l/email-protection#bbdeddd2d7d2d5dcfbdddec9d895dcd4cd"><span class="__cf_email__" data-cfemail="8ce9eae5e0e5e2ebcceae9feefa2ebe3fa">[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

[[Page 28004]]

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.
    Label one copy of the comments for the attention of Gas Branch 3, 
PJ-11.3.

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 ROW 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, paper copies will be sent 
to the environmental mailing list for public review and comment. If you 
would like to remove your name from the mailing list, please return the 
attached Information Request (Appendix 2).

Becoming an Intervenor

    Once DEI 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., PF10-8). Be sure you have selected an appropriate date range. 
For assistance, please contact FERC Online Support at 
<a href="/cdn-cgi/l/email-protection#3a7c5f485975545653545f694f4a4a55484e7a5c5f4859145d554c"><span class="__cf_email__" data-cfemail="4f092a3d2c00212326212a1c3a3f3f203d3b0f292a3d2c61282039">[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.
    Finally, 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.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-11911 Filed 5-18-10; 8:45 am]
BILLING CODE 6717-01-P


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