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###### Department of Energy

###### Federal Energy Regulatory Commission

          - [Docket No. CP09-465-000]

                    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 proposed Cunningham Storage Boundary Expansion Project (Project) involving Northern Natural Gas Company's (Northern) extension of the certificated boundary of the Cunningham Gas Storage Field in Pratt and Kingman Counties, Kansas.[1]                                          The 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 we [2]                                          will use to gather input from the public and interested agencies on the project. Your input will help the Commission staff determine which issues need to be evaluated in the EA. Please note that the scoping period will close on November 16, 2009.                

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 Northern representative about the acquisition of natural gas storage rights beneath your property. Northern would seek to negotiate a mutually acceptable agreement for the rights to operate a natural gas storage field beneath your property. If the project is approved by the Commission, that approval would convey with it the right of eminent domain. Therefore, if easement negotiations fail to produce an agreement, Northern could initiate condemnation proceedings in accordance with state law. It should be noted that the current proposal does not involve the construction of any facilities at this time. Any future proposal to construct jurisdictional facilities at the Cunningham Storage Field would be subject to an appropriate environmental review by the Commission.

                    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. It is available for viewing on the FERC Internet Web site (                    *http://www.ferc.gov*).                

## Summary of the Proposed Project

                    Northern is proposing to expand its existing Cunningham Gas Storage Field by 14,240 acres in order to protect the integrity of the storage field. Northern believes that third party operators outside of the storage field boundaries are producing storage gas. The location of the proposed storage field expansion is shown in Appendix 1.[3] 

## Land Requirements

                    No facilities would be constructed. Northern's proposal is for expansion of the certificated Cunningham Storage Field boundary by an additional 14,240 acres, including the underlying Viola and Simpson Formations. This area is                           ( print page 54989)                        located due north and adjacent to the northern boundary of the storage field.                

## 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 of Intent, the Commission staff requests public comments on the scope of the issues to address in the EA. All comments received are considered during the preparation of the EA. State and local government representatives are encouraged to notify their constituents of this proposed action and encourage them to comment on their areas of concern.

In the EA we will discuss impacts that could occur as a result of the storage field extension. We will also evaluate possible alternatives to the proposed project or portions of the project, and make recommendations on how to lessen or avoid impacts on the various resource areas.

Our independent analysis of the issues will be in the EA. Depending on the comments received during the scoping process, the EA may be published and mailed to federal, state, and local agencies, public interest groups, interested individuals, affected landowners, newspapers, libraries, and the Commission's official service list for this proceeding. A comment period will be allotted for review if the EA is published. 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 NOI, we are asking federal, state, and local 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. Additional agencies that would like to request cooperating agency status should follow the instructions for filing comments provided under the Public Participation section of this NOI.

## 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 in your comments so that they will be received in Washington, DC on or before November 16, 2009.

                    For your convenience, there are three methods in which you can use to submit your comments to the Commission. In all instances please reference the project docket number CP09-465-000 with your submission. The Commission encourages electronic filing of comments and has dedicated eFiling expert staff available to assist you at 202-502-8258 or                     *efiling@ferc.gov.*

                    (1) You may file your comments electronically by using the                     *Quick Comment*                     feature, which is located on the Commission's Internet Web site at                     *http://www.ferc.gov*                     under the link to                     *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, which is located on the Commission's Internet Web site at                     *http://www.ferc.gov*                     under the link to                     *Documents and Filings.*                     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 as your submission. New eFiling users must first create an account by clicking on “                    *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 your comments via mail to the Commission by sending an original and two copies of your letter to: Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888 First St., NE., Room 1A, Washington, DC 20426.

Label one copy of the comments for the attention of Gas Branch 3, PJ11.3.

## Environmental Mailing List

An effort is being made to send this notice to all individuals, organizations, and government entities interested in and/or potentially affected by the proposed project. This includes all landowners who are potential right-of-way grantors, whose property may be used temporarily for project purposes.

If you do not want to send comments at this time but still want to remain on our mailing list, please return the Information Request (Appendix 2). If you do not return the Information Request, you will be taken off the mailing list.

## Becoming an Intervenor

In addition to involvement in the EA scoping process, you may want to become an “intervenor,” which is an official party to the 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 a Commission 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 Web site.

## Additional Information

                    Additional information about the project is available from the Commission's Office of External Affairs, at 1-866-208-FERC or on the FERC Internet 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. Be sure you have selected an appropriate date range. For assistance, please contact FERC Online Support at                     *FercOnlineSupport@ferc.gov*                     or toll free at 1-866-208-3676, 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 now 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 route evaluations, if applicable, 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.

# Footnotes

1.                             On September 14, 2009, Northern filed its application with the Commission under section 7 of the Natural Gas Act and Part 157 of the Commission's regulations. The Commission issued its Notice of Application on September 22, 2009.                    
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2.                             “We”, “us”, and “our” refer to the environmental staff of the Office of Energy Projects (OEP).                    
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3.                             The appendices referenced in this notice are not being printed in the                         **Federal Register**                        . Copies of all appendices are available on the Commission's website at the “eLibrary” link 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. Copies of the appendices were sent to all those receiving this notice in the mail.                    
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[FR Doc. E9-25616 Filed 10-23-09; 8:45 am]

BILLING CODE 6717-01-P