
[Federal Register Volume 78, Number 48 (Tuesday, March 12, 2013)]
[Notices]
[Pages 15715-15718]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-05620]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. PF13-1-000]


Excelerate Liquefaction Solutions I, LLC; Lavaca Bay Pipeline 
System, LLC; Notice of Intent To Prepare an Environmental Impact 
Statement for the Planned Lavaca Bay LNG Project, Request for Comments 
on Environmental Issues, and Notice of Public Scoping Meeting

    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 Lavaca Bay LNG Project 
involving construction and operation of facilities by Excelerate 
Liquefaction Solutions I, LLC (ELS I) and Lavaca Bay Pipeline System, 
LLC (LBPS) (collectively referred to as ELS) in Calhoun and Jackson 
Counties, Texas. The Commission will use this EIS 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 EIS. Please note 
that the scoping period will close on April 4, 2013.
    You may submit comments in written form or verbally. Further 
details on how to submit written comments are in the Public 
Participation section of this notice. In lieu of or in addition to 
sending written comments, the Commission invites you to attend the 
public scoping meeting scheduled as follows: FERC Public Scoping 
Meeting, Lavaca Bay LNG Project, March 21, 2013, 7:00 p.m. local time, 
Bauer Community Center, 2300 Texas 35, Port Lavaca, TX 77979, (361) 
552-1234.
    The project applicants will be available at the same location 
starting at 6:00 p.m. to answer questions.
    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 planned 
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 planned facilities. 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.
    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 (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.

Involvement of the U.S. Department of Energy

    The FERC is the lead federal agency in preparing the EIS to satisfy 
the requirements of the National Environmental Policy Act (NEPA). The 
U.S. Department of Energy (DOE), Office of Fossil Energy, has agreed to 
participate as a cooperating agency in the preparation of the EIS to 
satisfy its NEPA responsibilities.
    Under section 3 of the Natural Gas Act of 1938, as amended (NGA), 
15 U.S.C. 717b, DOE would authorize the export of natural gas, 
including liquefied natural gas (LNG), to countries with which the 
United States has not entered into a free trade agreement providing for 
national treatment for trade in natural gas, unless it finds that the 
proposed export will not be consistent with the public interest. For 
the Project, the purpose and need for DOE action is to respond to ELS 
I's application filed with DOE on October 5, 2012 (FE Docket No. 12-
146-LNG), seeking authorization to export up to 10 million metric tons 
(equivalent to 1.33 billion standard cubic feet per day) of domestic 
natural gas as LNG for a 20-year period from the proposed ELS 
facilities in Calhoun County, Texas, commencing the earlier of the date 
of first export or seven years from the date that the requested 
authorization is issued. DOE authorization of ELS' application would 
allow the export of LNG to any country: (1) With which the United 
States does not have a free trade agreement requiring the national 
treatment for trade in natural gas; (2) that has, or in the future 
develops, the capacity to import LNG; and (3) with which trade is not 
prohibited by U.S. law or policy.

[[Page 15716]]

Summary of the Planned Project

    ELS plans to develop, construct, and operate liquefied natural gas 
terminal facilities that include two purpose-built floating 
liquefaction, storage, and offloading units (FLSOs) and a 29-mile-long 
pipeline header system to transport natural gas from existing pipeline 
systems to the LNG terminal facilities. The Project would be 
constructed in two phases: Phase 1 would include a single FLSO with a 
storage capacity of about 250,000 cubic meters (m\3\) of LNG and the 
capacity to produce up to four million tons per annum (MTPA), nominally 
of natural gas. Phase 2 would include facilities to support a second 
FLSO that would double the production to eight MTPA, nominally.
    The Lavaca Bay LNG Project would consist of the following 
facilities:

Marine Facilities:
     Two double-hulled, permanently moored, FLSOs, each 
containing 10 LNG storage tanks, four 1 MTPA PRICO system trains for 
liquefaction, centrifugal refrigerant compressors, and associated 
infrastructure;
     Mooring structures and fenders to provide support for the 
FLSOs and LNG carriers;
     A new 2,218-foot-diameter turning basin dredged to a depth 
of 45.5 feet below the site datum, located adjacent to the existing 
Matagorda Ship Channel;
     Two berthing pockets, each 450 feet wide by 1,310 feet 
long, dredged to a depth of 60.5 feet below the site datum; and
     A 3,200-foot-long jetty with two reinforced concrete 
decked piers located adjacent to the turning basins.

    In addition, ELS would deepen and widen the Matagorda Ship Channel 
to a depth of -44 feet mean low tide and a channel bottom width up to 
300 feet.

Shoreside Facilities:
     A pig \1\ launcher and receiver;
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    \1\ A ``pig'' is a tool that the pipeline company inserts into 
and pushes through the pipeline for cleaning the pipeline, 
conducting internal inspections, or other purposes.
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     Feed gas metering, compression, and pre-treatment;
     An inlet bulk separator;
     A condensate storage tank;
     A power generation system;
     A cooling water system and instrument air package;
     A cold vent/ground flare;
     A fire water system and water treatment plant; and
     Support buildings, including offices, control room, 
warehouse, and shop.
Pipeline Header System:

     A 29-mile-long, 42-inch-diameter natural gas pipeline 
extending northward from the shoreside facilities to nine natural gas 
interconnects southwest of Edna, Texas.
    The general location of the project facilities is shown in appendix 
1.\2\
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    \2\ The 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'' 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

    The planned LNG terminal facilities (i.e., marine and shoreside 
facilities) would be constructed on about 85 acres of land. Of this 
amount, about 45 acres includes existing uplands and the remaining 40 
acres would be created using dredge spoil from construction of the 
turning basin and two berthing pockets. Construction of the pipeline 
header system would require about 327 acres of land for construction 
and 164 acres for operation. The Project would also require 
approximately 150 additional acres for temporary use for construction 
laydown/staging areas and parking areas.

The EIS Process

    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 \3\ 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 EIS on the 
important environmental issues. By this notice, the Commission requests 
public comments on the scope of the issues to address in the EIS. We 
will consider all filed comments during the preparation of the EIS.
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    \3\ ``We,'' ``us,'' and ``our'' refer to the environmental staff 
of the Commission's Office of Energy Projects.
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    In the EIS we will discuss impacts that could occur as a result of 
the construction and operation of the planned project under these 
general headings:
     Geology and soils;
     Water resources, fisheries, and wetlands;
     Vegetation and wildlife;
     Endangered and threatened species;
     Cultural resources;
     Land use;
     Socioeconomics;
     Air quality and noise;
     Reliability and safety;
     Engineering and design material; and
     Cumulative environmental impacts.
    We will also evaluate possible 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 
the FERC receives an application. 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 EIS.
    The EIS will present our independent analysis of the issues. We 
will publish and distribute the draft EIS for public comment. After the 
comment period, we will consider all timely comments and revise the 
document, as necessary, before issuing a final EIS. 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 
related to this project to formally cooperate with us in the 
preparation of the EIS \4\. 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. Currently, DOE has expressed its intention to participate as a 
cooperating agency in the preparation of the EIS to satisfy its NEPA 
responsibilities related to this project. Also, in accordance with the 
2004 Interagency Agreement on the safety and security review of 
waterfront import/export LNG facilities, the U.S. Coast Guard and U.S. 
Department of Transportation participate as cooperating agencies.
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    \4\ The Council on Environmental Quality regulations addressing 
cooperating agency responsibilities are at Title 40, Code of Federal 
Regulations, Sec.  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

[[Page 15717]]

implementing regulations for section 106 of the National Historic 
Preservation Act, we are using this notice to initiate consultation 
with applicable State Historic Preservation Office(s), 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.\5\ We will define the project-specific Area of Potential 
Effects (APE) in consultation with the SHPO 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 EIS 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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    \5\ The Advisory Council on Historic Preservation 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 based on a preliminary review of the planned facilities and 
the environmental information provided by ELS. This preliminary list of 
issues may change based on your comments and our analysis. Issued 
identified include:
     Potential impacts on recreational fishing and aquatic 
resources in the Matagorda Ship Channel;
     Potential impacts to fish and wildlife habitat, including 
potential impacts to federally and state-listed threatened and 
endangered species;
     Potential impacts and potential benefits of construction 
workforce on local housing, infrastructure, public services, and 
economy;
     Potential visual effects on surrounding areas; and
     Public safety and hazards associated with the liquefaction 
and transport of LNG.

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 April 
4, 2013. This is not your only public input opportunity; please refer 
to the Environmental Review Process flowchart in appendix 2.
    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 (PF13-1-000) 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 located 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 located 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 
planned project.
    Copies of the completed draft EIS 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 3).

Becoming an Intervenor

    Once ELS 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 in the User's 
Guide under the ``e-filing'' link on the Commission's Web site. Please 
note that the Commission will not accept requests for intervenor status 
at this time. You must wait until the Commission receives a formal 
application for the project.

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 (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., PF13-
1-000). 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 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.


[[Page 15718]]


    Dated: March 5, 2013.
Kimberly D. Bose,
Secretary.
[FR Doc. 2013-05620 Filed 3-11-13; 8:45 am]
BILLING CODE 6717-01-P


