[Federal Register Volume 86, Number 167 (Wednesday, September 1, 2021)]
[Notices]
[Pages 49017-49019]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-18899]


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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 pre-filing 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

[[Page 49018]]

    (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\
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    \1\ 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''. 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 [email protected] or call toll free, (886) 208-3676 
or TTY (202) 502-8659.
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    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.
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    \2\ The Council on Environmental Quality regulations addressing 
cooperating agency responsibilities are at Title 40 Code of Federal 
Regulations, Section 1501.8.
    \3\ For instructions on connecting to eLibrary, refer to the 
last page of this notice.
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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:
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    \4\ 40 CFR 1508.1(z).
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     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.
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    \5\ 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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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

[[Page 49019]]

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
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    \6\ The 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.

    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.

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            Permit                               Agency
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Right-of-Way Grant Temporary   Bureau of Land Management.
 Use Permit.
CWA Section 404 Discharges to  U.S. Army Corps of Engineers.
 Waters of the United States.
CWA Section 402 Stormwater     Utah Department of Environmental Quality.
 and Construction Dewatering
 Permits.
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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/news-events/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


