[Federal Register: April 7, 2008 (Volume 73, Number 67)]
[Notices]               
[Page 18788-18790]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07ap08-54]                         

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[FERC Docket No. PF08-9-000]

 
Notice of Pre-Filing Environmental Review for the Ruby Pipeline 
Project, Request for Comments on Environmental Issues, and Notice of 
Public Scoping Meetings; Ruby Pipeline, LLC

March 28, 2008.
    On January 31, 2008, the staff of the Federal Energy Regulatory 
Commission (FERC or Commission) initiated its pre-filing environmental 
review of the Ruby Pipeline Project, planned by Ruby Pipeline, LLC 
(Ruby). FERC staff is now beginning to obtain and evaluate information 
for the preparation of an environmental impact statement (EIS) that 
will assess and disclose the environmental impacts of the project, 
which would involve construction and operation of facilities by Ruby in 
Wyoming, Utah, Nevada, and Oregon. These facilities would consist of 
about 680 miles of 42-inch-diameter pipeline, 2 new compressor 
stations, and related appurtenant facilities. The EIS will be used by 
the Commission in its decision-making process to determine if the 
project is in the public convenience and necessity.
    This notice announces the opening of a scoping period that will be 
used to gather environmental input from the public and agencies during 
the early stages of the project. Comments may be submitted either in 
written form or verbally. In lieu of or in addition to sending written 
comments, you are invited to attend the public scoping meetings 
scheduled in the project area. Further instructions on how to submit 
written comments and additional details of the public scoping meetings 
are provided in the Public Participation section of this notice. The 
scoping period will close on April 30, 2008.
WEEK 1
    April 15, 2008--Elko, Nevada, Hilton Garden Inn, 3650 East Idaho 
St., (775) 777-1200.

[[Page 18789]]

    April 16, 2008--Kemmerer, Wyoming, Kemmerer Senior Center, 105 JC 
Penney Drive, (307) 877-3806.
    April 17, 2008--Brigham City, Utah, Box Elder High School 
Auditorium, 380 South 600 West, (435) 734-4840.
WEEK 2
    April 22, 2008--Malin, Oregon, Malin Community Hall, 2307 Front 
Street, (541) 947-2258.
    April 23, 2008--Lakeview, Oregon, Elks Lodge, 323 N. F Street, 
(541) 947-2258.
    April 24, 2008--Winnemucca, Nevada, Winnemucca Convention Center, 
50 W. Winnemucca Blvd., (775) 23-5071.
    These meetings are designed to provide state and local agencies, 
interested groups, affected landowners, and the general public with an 
opportunity to offer comments on the project and on the environmental 
issues they believe should be addressed in the EIS. A transcript of 
each meeting will be made so that your comments will be accurately 
recorded. All meetings are scheduled to begin at 7 p.m. in each 
respective time zone. All public meetings will be posted on the 
Commission's calendar located at http://www.ferc.gov/EventCalendar/
EventsList.aspx along with other related information.
    Comments collected during scoping will be a valuable part of the 
Pre-Filing Process and will help us \1\ determine which issues/impacts 
need to be evaluated in the EIS. As more details of the project route 
and design become available, additional scoping may be warranted and 
the public will be provided with additional opportunities to comment.
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    \1\ ``We,'' ``us,'' and ``our'' refer to the environmental staff 
of the Commission's Office of Energy Projects.
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A ``Pre-Filing Process'' Has Begun

    The Commission is initiating its National Environmental Policy Act 
(NEPA) review for the Ruby Pipeline Project prior to receiving Ruby's 
formal application. This Pre-Filing Process allows interested 
stakeholders to become involved early in the project planning with the 
intent of identifying and resolving issues before a formal application 
is filed with the FERC. A docket number (PF08-9-000) has been 
established to place information filed by Ruby and related documents 
issued or received by the Commission into the public record.\2\ Once a 
formal application is filed with the FERC, a new docket number will be 
established.
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    \2\ To view information in the docket, follow the instructions 
for using the eLibrary link at the end of this notice.
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    The U.S. Bureau of Land Management (BLM) is participating as a 
cooperating agency in the preparation of the EIS because the project 
would cross federally administered lands in Wyoming, Utah, Nevada, and 
Oregon. The U.S. Forest Service (USFS) is also participating as a 
cooperating agency because the project would cross the Cache and 
Fremont-Winema National Forests in Utah and Oregon, respectively. As a 
cooperating agency, the BLM intends to adopt the EIS per Title 40 of 
the Code of Federal Regulations (CFR), Part 1506.3 to meet its 
responsibilities under NEPA regarding Ruby's application for a Right-
of-Way Grant and Temporary Use Permit for crossing federally 
administered lands, including the Cache and Fremont-Winema National 
Forests. The concurrence or non-concurrence of the USFS would be 
considered in the BLM's decision as well as impacts on resources and 
programs, and the proposed project's conformance with land use plans.
    With this notice, we are asking other federal, state, local, and 
tribal agencies with jurisdiction and/or special expertise with respect 
to environmental issues in the project area to formally cooperate with 
us in the preparation of the EIS. These agencies may choose to 
participate once they have evaluated Ruby's proposal relative to their 
responsibilities. Agencies which would like to request cooperating 
status should follow the instructions for filing comments described 
later in this notice. We encourage government representatives to notify 
their constituents of this planned project and encourage them to 
comment on their areas of concern.
    This notice is being sent to potentially affected landowners along 
and adjacent to the project route and within 0.5 mile of proposed 
compressor station sites; federal, state, and local government 
agencies; elected officials; environmental and public interest groups; 
Native American tribes; local libraries and newspapers; and other 
interested parties.
    To assist potentially affected landowners, a fact sheet prepared by 
the FERC entitled ``An Interstate Natural Gas Facility On My Land? What 
Do I Need To Know?'' addresses a number of typically asked questions, 
including the potential 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

    Ruby is proposing to construct a new pipeline system in order to 
transport natural gas reserves in the Rocky Mountain region to the 
growing markets in the Western United States. Specifically, Ruby is 
proposing to construct the following facilities:
     Approximately 680 miles of 42-inch-diameter pipeline 
between the Opal Hub in Lincoln County, Wyoming and the Malin Hub in 
Klamath County, Oregon;
     Two new compressor stations located in Lincoln County, 
Wyoming and Elko County, Nevada;
     5 metering facilities;
     40 mainline block valves; and
     10 pig launcher/receivers facilities.\3\
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    \3\ A pipeline ``pig'' is a device designed to internally clean 
or inspect the pipeline. A pig launcher/receiver is an aboveground 
facility where pigs are inserted or retrieved from the pipeline.
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    A map depicting the general location of project facilities is shown 
in Figure 1.\4\ Ruby has identified a preferred project route, which is 
shown on the map as a dark solid line. Ruby had originally considered a 
more northern route coming out of Wyoming, as shown on the map as a 
dotted red line. Although no longer preferred by Ruby, we are currently 
including the northern route in our evaluation as a route alternative.
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    \4\ Figure 1 (general project map) is not being printed in the 
Federal Register. Copies are available on the Commission's Internet 
Web site (www.ferc.gov) at the ``eLibrary'' link or from the 
Commission's Public Reference Room at (202) 502-8371. For 
instructions on connecting to eLibrary, refer to the Additional 
Information section at the end of this notice. The project map was 
sent to all those receiving this notice in the mail. Requests for 
detailed maps of the proposed facilities should be made directly to 
Ruby by calling 1-877-598-5263 (toll free) or 719-520-4450.
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    The project, if completed, would have a capacity for transporting 
approximately 1.2 billion cubic feet of natural gas per day. Ruby 
anticipates filing its formal application with the FERC in January 2009 
and would request approval such that the proposed facilities are put 
into service in the first quarter of 2011. By this schedule, 
construction of the Ruby Pipeline Project would begin in the first or 
second quarter of 2010.

Land Requirements for Construction

    Ruby would use a nominal 115-foot-wide construction right-of-way 
for the project. Additional work area would be required at certain 
feature crossings (e.g., waterbodies, wetlands, roads, and railroads), 
staging areas, pipe yards, contractor's yards, and widening of certain 
access roads.
    Based on preliminary information, we estimate that construction of 
the

[[Page 18790]]

proposed facilities would disturb about 12,000 acres of land. Of the 
12,000 acres, about 8,000 acres would be temporarily disturbed and 
about 4,000 acres would be permanently maintained for operation of the 
pipeline within a 50-foot-wide permanent right-of-way and as 
aboveground facility sites. Following construction, all temporary 
workspaces would be restored and allowed to revert to former use. About 
60 percent of the proposed route would cross federally administered 
land managed by the BLM or USFS.

The EIS Process

    The FERC will be the lead federal agency for the preparation of the 
EIS. As noted above, the BLM and USFS will be cooperating agencies. 
NEPA requires the FERC 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 under Section 7 of 
the Natural Gas Act. NEPA also requires us to identify and address 
concerns the public may have about proposals. This is the ``scoping'' 
process referred to earlier. The main goal of the scoping process is to 
focus the analysis in the EIS on important environmental issues and 
reasonable alternatives. By this Notice, we are requesting agency and 
public comments on the scope on the issues to be addressed in the EIS. 
All comments received will be considered during the preparation of the 
EIS.
    We have already started to meet with Ruby personnel, agencies, and 
other interested stakeholders to discuss the project and identify 
issues/impacts and concerns. Between February 19 and March 18, 2008, 
representatives of FERC staff participated in public open houses 
sponsored by Ruby in the project area. FERC staff explained the NEPA 
environmental review process to interested stakeholders and noted 
comments related to the project.
    Our independent analysis of the issues will be included in a draft 
EIS. The draft EIS will be mailed to federal, state, and local 
government agencies; elected officials; environmental and public 
interest groups; Native American tribes; affected landowners; other 
interested parties; local libraries and newspapers; and the FERC's 
official service list for this proceeding. A comment period will be 
allotted for review of the draft EIS. We will consider all timely 
comments on the draft EIS and revise the document, as necessary, before 
issuing a final EIS.

Public Participation

    You are encouraged to become involved in this process and provide 
your specific comments or concerns about Ruby's planned 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. 
If you wish to mail comments, please carefully follow these 
instructions:
     Send an original and two copies of your letter to:
    Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 
888 First Street, NE.; Room 1A, Washington, DC 20426.
     Label one copy of your comments for the attention of Gas 
1, DG2E; and
     Reference Docket No. PF08-9-000 on the original and both 
copies.
     Mail your comments so that they will be received in 
Washington, DC, on or before April 30, 2008.
    The Commission encourages electronic filing of comments. See 18 CFR 
385.2001(a)(1)(iii) and the instructions on the Commission's Internet 
Web site at http://www.ferc.gov under the link to ``Documents and 
Filings'' and ``eFiling.'' eFiling is a file attachment process and 
requires that you prepare your submission in the same manner as you 
would if filing on paper, and save it to a file on your computer's hard 
drive. 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. This filing is considered a ``Comment on 
Filing.'' In addition, there is a ``Quick Comment'' option available, 
which is an easy method for interested persons to submit text only 
comments on a Project. The Quick-Comment User Guide can be viewed at 
www.ferc.gov/docs-filing/efiling/quick-comment-guide.pdf. Quick Comment 
does not require a FERC eRegistration account; however, you will be 
asked to provide a valid e-mail address. All comments submitted under 
either eFiling or the Quick Comment option are placed in the public 
record for the specified docket or Project number(s). Comments 
submitted electronically must be submitted by April 30, 2008.

Availability of Additional Information

    Additional information about the Project is available from the 
FERC'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 
(i.e., PF08-9). 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 on the FERC Internet Web site 
also provides access to the text of formal documents issued by the 
Commission, such as orders, notices, and rulemakings.
    In addition, the FERC now offers a free service called 
eSubscription that 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. To register for this service, go to the eSubscription 
link on the FERC Internet Web site (http://www.ferc.gov/docs-filing/
esubscription.asp). Information concerning the involvement of the BLM 
in the EIS process may be obtained from Mark Mackiewicz, PMP, National 
Project Manager, at (435) 636-3616. Information concerning the 
involvement of the USFS may be obtained from Catherine Callaghan at the 
Fremont-Winema National Forest at (541) 947-2151, and David Ream (801) 
236-3400 at the Wasatch-Cache National Forest.

Kimberly D. Bose,
Secretary.
 [FR Doc. E8-7104 Filed 4-4-08; 8:45 am]

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