
[Federal Register Volume 77, Number 194 (Friday, October 5, 2012)]
[Notices]
[Pages 60981-60984]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-24567]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP12-495-000]


Kinder Morgan Interstate Gas Transmission L.L.C.; Notice of 
Intent To Prepare an Environmental Assessment for the Proposed Pony 
Express Pipeline Conversion Project and Request for Comments on 
Environmental Issues

    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 Pony Express Pipeline 
Conversion Project involving conversion of facilities from natural gas 
to oil and construction and operation of new facilities by Kinder 
Morgan Interstate Gas Transmission L.L.C. (KMIGT) in various counties 
in Wyoming, Kansas, Colorado and Nebraska. The Commission will use this 
EA 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 they need to evaluate in the EA. Please note that 
the scoping period will close on October 29, 2012.
    This notice is being sent to the Commission's current environmental 
mailing list for this 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 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 facilities for the new segments of 
natural gas pipeline proposed in this project. The company would seek 
to negotiate a mutually acceptable agreement. However, if the 
Commission approves the project, 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 where compensation would be determined in accordance with 
state law.
    KMIGT 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?''. 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 also available for viewing on 
the FERC Web site (www.ferc.gov).

Summary of the Proposed Project

    KMIGT proposes to: (1) Abandon certain natural gas pipeline 
facilities and the natural gas service therefrom by transfer to an 
affiliate, Kinder Morgan Pony Express Pipeline LLC (KMPXP), for the 
purpose of converting the facilities to oil transportation facilities; 
and (2) construct and operate certain replacement type facilities 
necessary to continue service to existing natural gas firm 
transportation customers following the proposed conversion. KMIGT also 
is seeking authorization to construct

[[Page 60982]]

certain new compression, pipeline segments and interconnects and has 
agreed to enter into transportation arrangements with Southern Star 
Central Gas Pipeline, Inc. (SSC), Trailblazer Pipeline Company, LLC 
(Trailblazer), Wyoming Interstate Company, Ltd. (WIC) and Natural Gas 
Pipeline Company of America LLC (NGPL) in order to maintain service for 
the long-term customer needs of approximately 104,000 dekatherms per 
day (Dth/day).

Facilities

    KMIGT requests Natural Gas Act, Section 7(b) authorization to 
abandon in place approximately 432.4 miles of the existing Pony Express 
Pipeline (consisting of 139.1 miles of 20-inch-diamter pipeline, 244.5 
miles of 22-inch-diameter pipeline and 48.8 miles of 24-inch-inch-
diameter pipeline), with appurtenances, commencing at the discharge 
side of the Guernsey Compressor Station located in Platte County, 
Wyoming and terminating at the NGPL Interconnect located in Lincoln 
County, Kansas.
    The facilities listed in Table 1 would be abandoned under Section 
7(b) of the regulations. Note, numerous additional ancillary facilities 
and interconnects would also be abandoned.

                                 Table 1
------------------------------------------------------------------------
                               Location  (county,
      Name of facility               State)             Proposed work
------------------------------------------------------------------------
Pony Express Pipeline (PXP).  Wyoming, Nebraska,    Abandon 432.4 miles
                               Colorado, Kansas.     existing 20-, 22-,
                                                     and 24-inch
                                                     diameter pipeline.
Sterling Station............  Logan County,         Abandon PXP Sterling
                               Colorado.             Compressor Station.
Omimex Bledsoe Tap/Receipt    Yuma County,          Abandon 1 valve/tap/
 Meter.                        Colorado.             receipt site.
Omimex Ferguson Receipt Tap/  Phillips County,      Abandon 1 valve/tap/
 Meter.                        Colorado.             receipt site.
Noble Energy Tap/Receipt      Kimball County,       Abandon 1 valve/tap/
 Meter.                        Nebraska.             receipt site.
NGPL Delivery Meters........  Lincoln County,       Change delivery to
                               Kansas.               receipt meters
                                                     (reverse meter).
Herndon Station.............  Rawlins County,       Abandon Herndon
                               Kansas.               Compressor Station.
Laton Station...............  Osborne County,       Abandon Laton
                               Kansas.               Compressor Station.
------------------------------------------------------------------------

    The facilities listed in Table 2 are proposed to be constructed 
under Section 7(c) of the regulations. Note, numerous additional 
ancillary facilities and modifications would also be constructed.

                                 Table 2
------------------------------------------------------------------------
                               Location  (county,
      Name of facility               State)             Proposed work
------------------------------------------------------------------------
Glenrock Station............  Converse County,      Install one
                               Wyoming.              additional 500 HP
                                                     electric compressor
                                                     unit to existing
                                                     Glenrock Compressor
                                                     Station (powered by
                                                     electric motors).
WIC interconnect............  Converse County,      Modify WIC delivery
                               Wyoming.              meter by adding
                                                     additional meter
                                                     run.
Yuma Station................  Yuma County,          Install one
                               Colorado.             additional 350 HP
                                                     JGR/2 compressor
                                                     unit to former Yuma
                                                     Compressor Station
                                                     site (powered by
                                                     electric motor).
Sterling Ethanol Lateral....  Logan County,         Construct 3 miles of
                               Colorado.             new 4-inch natural
                                                     gas pipeline
                                                     lateral.
Yuma Station SSC Delivery     Yuma County,          Construct new
 Meter.                        Colorado.             delivery meter
                                                     station at former
                                                     Yuma Compressor
                                                     Station site.
Rockport Station              Weld County,          Construct new SSC
 Interconnect.                 Colorado.             receipt point at
                                                     the existing
                                                     Rockport Compressor
                                                     Station.
Rockport-Trailblazer          Weld County,          Install
 Interconnect Lateral.         Colorado.             approximately 150
                                                     feet
                                                     interconnection
                                                     pipe from Rockport
                                                     discharge to
                                                     interconnect with
                                                     Trailblazer (TPC).
Adams Interconnect..........  Adams County,         Expand interconnect
                               Nebraska.             with Trailblazer
                                                     (TPC).
Trenton Ethanol Lateral.....  Hitchcock County,     Construct 22 miles
                               Nebraska and          of new 4-inch
                               Rawlins County,       natural gas
                               Kansas.               pipeline lateral.
NGPL Recipt Meters..........  Lincoln County,       Change delivery to
                               Kansas.               receipt meters
                                                     (reverse meter).
NNG Delivery Meter..........  Ottawa County,        Change to
                               Kansas.               bidirectional
                                                     meter.
Tescott Compressor Station..  Ottawa County,        Construct new
                               Kansas.               Compressor Station
                                                     and related tie-in
                                                     piping gas driven
                                                     up to 14,200 HP (4
                                                     units at 3,550 HP
                                                     each).
Tescott Compressor Station    Ottawa County,        Install
 to NNG Delivery (Tescott      Kansas.               approximately 1
 Interconnection Line).                              mile of 12-inch
                                                     pipe from Tescott
                                                     Compressor Station
                                                     to NNG parallel to
                                                     PXP.
------------------------------------------------------------------------

    KMIGT would abandon certain auxiliary facilities that were 
previously constructed under the authority of Section 2.55(a) of the 
Commission's Regulations, and construct additional auxiliary facilities 
pursuant to Section 2.55(a) as well.

[[Page 60983]]

    The general location of the project facilities is shown in appendix 
1.\1\
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    \1\ The appendices referenced in this notice will not appear in 
the Federal Register. Copies of appendices were sent to all those 
receiving this notice in the mail and are available at 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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Non-Jurisdictional Facilities

    KMPXP is planning to convert/construct the following non-
jurisdictional facilities:
     Convert the 432 miles of pipeline abandoned by KMIGT to 
transport oil;
     Construct the 260-mile pipeline (Cushing Lateral) from 
Lincoln County, Kansas to Cushing, Oklahoma;
     Construct 4 to 11 pump stations along the existing Pony 
Express Pipeline (PXP); and
     Replace certain short pipe segments (spans, exposed stream 
crossings, etc.).
    In addition, the planned crude oil pipeline would include 
approximately 35 new horizontal directional drill crossings at 
sensitive locations along the PXP. KMPXP plans to file applications 
with appropriate U.S. Army Corps of Engineers (USACE) districts by the 
end of 2012 for the proposed crude oil pipeline. Under Section 404 of 
the Clean Water Act, a permit would be required for activities such as 
crossing an intermittent or perennial stream or wetland with a pipeline 
or access road or placing temporary diversion structures in a waterway. 
As required, KMPXP would prepare a Section 404 pre-construction 
notification (PCN) for Colorado, Kansas, and Oklahoma for submittal to 
the USACE. The PCNs would also include documentation of coordination 
for Endangered Species Act compliance and Section 106 compliance. In 
addition, potential State permits are listed below that may be required 
from the State Engineer's Office, Water Quality Division, or Air 
Quality Division:
     401 Water Quality Certification application;
     Stormwater Notice of Intent;
     Hydrostatic test water intake and discharge permit 
applications; and
     Air Quality Construction permit applications.
    These non-jurisdictional facilities are not subject to the FERC's 
environmental review procedures. We have made a decision to not review 
these non-jurisdictional facilities in the EA. However, the EA will 
describe their location, status, and known environmental impacts, and a 
list of the responsible agencies. We are specifically seeking comment 
on this decision.

Land Requirements for Construction

    Construction of the proposed facilities would disturb about 261.7 
acres of land for the aboveground facilities and the pipeline. 
Following construction, KMIGT would maintain about 110.4 acres for 
permanent operation of the project's facilities including 64.3 acres 
for the aboveground facilities; the remaining acreage would be restored 
and revert to former uses. The proposed 22 miles of 4-inch-diameter 
pipeline beginning in Rawlins County Kansas and terminating in 
Hitchcock County, Nebraska would parallel and overlap the existing Pony 
Express Pipeline for its entire length, and approximately 0.4 miles of 
the pipeline would require new right-of-way. About 51 percent of the 
proposed 3 miles of 4-inch-diameter pipeline within Logan County, 
Colorado would parallel the existing PXP.

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. We will 
consider all filed comments 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 proposed project under these 
general headings:
     Geology and soils;
     Land use;
     Water resources, fisheries, and wetlands;
     Cultural resources;
     Vegetation and wildlife;
     Air quality and noise;
     Endangered and threatened species;
     Public safety; and
     Alternatives.
    We will also evaluate reasonable 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.
    The EA will present our independent analysis of the issues. The EA 
will be available in the public record through eLibrary. Depending on 
the comments received during the scoping process, we may also publish 
and distribute the EA to the public for an allotted comment period. We 
will consider all comments on the EA before making our recommendations 
to the Commission. To ensure we have the opportunity to consider and 
address your comments, please carefully follow the instructions in the 
Public Participation section beginning on page 7.
    With this notice, we are asking agencies with jurisdiction by law 
and/or special expertise with respect to the environmental issues of 
this project to formally cooperate with us in the preparation of the 
EA.\3\ 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.
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    \3\ The Council on Environmental Quality regulations addressing 
cooperating agency responsibilities are at Title 40, Code of Federal 
Regulations, Part 1501.6.
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Consultations 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, we are using this notice to initiate consultation 
with applicable State Historic Preservation Offices (SHPO), and to 
solicit their views and those of other government agencies, interested 
Indian tribes, and the public on the project's potential effects on 
historic properties.\4\ We will define the project-specific Area of 
Potential Effects (APE) in consultation with the SHPOs as the project 
develops. On natural gas facility projects, the APE at a minimum 
encompasses all areas subject to ground disturbance (examples include 
construction right-of-way, contractor/pipe storage yards, compressor 
stations, and access roads). Our EA for this project will document our 
findings on the impacts on historic properties and summarize the status 
of consultations under section 106.
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    \4\ The 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.
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Currently Identified Environmental Issues

    We have already identified several issues that we think deserve 
attention

[[Page 60984]]

based on a preliminary review of the proposed facilities and the 
environmental information provided by KMIGT. This preliminary list of 
issues may be changed based on your comments and our analysis.
     The project may impact wildlife habitat;
     The project may potentially spread noxious weeds and 
aquatic invasive species;
     The project may affect federally endangered or threatened 
species; and
     The project could potentially affect cultural resources; 
and
     Noise impacts may occur at noise sensitive areas from 
horizontal directional drilling activities and a new compressor station 
addition and existing compressor station modifications.

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 the Commission receives them in Washington, DC on or before 
October 29, 2012.
    For your convenience, there are three methods which you can use to 
submit your comments to the Commission. In all instances please 
reference the project docket number (CP12-495-000) with your 
submission. The Commission encourages electronic filing of comments and 
has expert staff available to assist you at (202) 502-8258 or 
efiling@ferc.gov.
    (1) You can file your comments electronically using the eComment 
feature on the Commission's Web site (www.ferc.gov) under the link to 
Documents and Filings. This is an easy method for interested persons to 
submit brief, text-only comments on a project;
    (2) You can file your comments electronically using the eFiling 
feature on the Commission's Web site (www.ferc.gov) under the link to 
Documents and Filings. 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 must select the type of filing you are making. If 
you are filing a comment on a particular project, please select 
``Comment on a Filing''; or
    (3) You can file a paper copy of your comments by mailing them to 
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; 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. 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 
proposed project.
    If we publish and distribute the EA, copies will be sent to the 
environmental mailing list for public review and comment. If you would 
prefer to receive a paper copy of the document instead of the CD 
version or would like to remove your name from the mailing list, please 
return the attached Information Request (appendix 2).

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 
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 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 (866) 208-FERC, or on the 
FERC Web site at 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., CP12-
495). Be sure you have selected an appropriate date range. For 
assistance, please contact FERC Online Support at 
FercOnlineSupport@ferc.gov 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 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 www.ferc.gov/esubscribenow.htm.
    Finally, public meetings or site visits will be posted on the 
Commission's calendar located at www.ferc.gov/EventCalendar/EventsList.aspx along with other related information.

    Dated: September 28, 2012.
Kimberly D. Bose,
Secretary.
[FR Doc. 2012-24567 Filed 10-4-12; 8:45 am]
BILLING CODE 6717-01-P


