[Federal Register: February 25, 2009 (Volume 74, Number 36)]
[Notices]
[Page 8517-8519]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25fe09-34]
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DEPARTMENT OF ENERGY
[OE Docket No. PP-334]
Notice of Intent To Prepare an Environmental Impact Statement;
Energia Sierra Juarez U.S. Transmission, LLC
AGENCY: Department of Energy (DOE).
ACTION: Notice of Intent to Prepare an Environmental Impact Statement
(EIS).
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SUMMARY: The Department of Energy (DOE) announces its intention to
prepare an EIS on the proposed Federal action of granting a
Presidential permit to construct a new electric transmission line
across the U.S.-Mexico border in southeastern California. DOE has
determined that issuance of a Presidential permit for the proposed
[[Page 8518]]
project would constitute a major Federal action that may have a
significant effect upon the environment within the meaning of the
National Environmental Policy Act of 1969 (NEPA). For this reason, DOE
intends to prepare an EIS entitled Energia Sierra Juarez Transmission
Line Environmental Impact Statement (DOE/EIS-0414) to address potential
environmental impacts from the proposed action and reasonable
alternatives. The EIS will be prepared in compliance with NEPA and
applicable regulations, including DOE NEPA implementing regulations at
10 CFR Part 1021. Because of previous public participation activities,
DOE does not plan to conduct additional scoping meetings for this EIS.
However, any timely written comments submitted will be considered by
DOE in determining the scope of the EIS.
DATES: As discussed below, the public participation process that DOE
conducted following publication of a notice of intent to prepare an
environmental assessment will serve as the scoping for this EIS. DOE
will consider any additional comments received or postmarked by March
27, 2009 in defining the scope of the EIS. Comments received or
postmarked after that date will be considered to the extent
practicable.
ADDRESSES: Comments on the scope of the EIS and requests to be added to
the document mailing list should be addressed to: Dr. Jerry Pell,
Office of Electricity Delivery and Energy Reliability (OE-20), U.S.
Department of Energy, 1000 Independence Avenue, SW., Washington, DC
20585; by electronic mail to Jerry.Pell@hq.doe.gov; or by facsimile to
202-318-7761.
For general information on the DOE NEPA process contact: Ms. Carol
M. Borgstrom, Director, Office of NEPA Policy and Compliance (GC-20),
U.S. Department of Energy, 1000 Independence Avenue, SW., Washington,
DC 20585; or by facsimile at 202-586-7031.
FOR FURTHER INFORMATION CONTACT: Dr. Jerry Pell, 202-586-3362, or
Jerry.Pell@hq.doe.gov. For general information on the DOE NEPA process,
contact Ms. Carol M. Borgstrom at 202-586-4600 or leave a message at
800-472-2756.
SUPPLEMENTARY INFORMATION: Executive Order (EO) 10485, as amended by EO
12038, requires that a Presidential permit be issued by DOE before
electric transmission facilities may be constructed, operated,
maintained, or connected at the U.S. international border. The EO
provides that a Presidential permit may be issued after a finding that
the proposed project is consistent with the public interest and after
favorable recommendations from the U.S. Departments of State and
Defense. In determining consistency with the public interest, DOE
considers the environmental impacts of the proposed project under NEPA,
determines the project's impact on electric reliability (including
whether the proposed project would adversely affect the operation of
the U.S. electric power supply system under normal and contingency
conditions), and considers any other factors that DOE may find relevant
to the public interest. The regulations implementing the EO have been
codified at 10 CFR 205.320-205.329. DOE's issuance of a Presidential
permit indicates that there is no Federal objection to the project, but
does not mandate that the project be undertaken.
Energia Sierra Juarez U.S. Transmission, LLC (ESJ, formerly Baja
Wind U.S. Transmission, LLC), has applied to DOE's Office of
Electricity Delivery and Energy Reliability (OE) for a Presidential
permit to construct either a double-circuit 230,000-volt (230-kV) or a
single-circuit 500-kV transmission line on either lattice towers or
steel monopoles. ESJ's proposed transmission line would connect wind
turbines (the La Rumorosa Project) to be located in the vicinity of La
Rumorosa, Baja California, Mexico, to the existing Southwest Powerlink
(SWPL) 500-kV transmission line. The ESJ Presidential permit
application, including associated maps and drawings, can be downloaded
in its entirety from the DOE program Web site at http://
www.oe.energy.gov/permits_pending.htm (see PP-334).
One portion of the proposed transmission project would consist of
two miles of transmission located in Mexico that would be constructed,
owned, operated, and maintained by a subsidiary of Sempra Energy Mexico
and would be subject to the permitting requirements of the Mexican
Government. The remaining portion of the proposed transmission project
would consist of a one-mile transmission line constructed by ESJ within
the United States on private land. The entire electrical output of the
La Rumorosa Project (1250 megawatts) would be dedicated to the U.S.
market and delivered using the proposed international transmission
line. For reasons discussed below, the EIS will consider only impacts
that occur inside the United States.
ESJ's proposed transmission line would connect to a substation to
be constructed by the San Diego Gas & Electric Company in response to
requests by power suppliers to connect to the SWPL. The substation, to
be known as the East County Substation, would be located just south of
the SWPL right-of-way near the community of Jacumba, California, and
would contain equipment for accepting interconnections at both the 230-
kV and the 500-kV level. The 230-kV connection equipment would be
located just to the west of the 500-kV connection equipment, both
within the confines of the substation boundary. Accordingly, ESJ has
identified two routing/voltage alternatives to coincide with
interconnection at the 230-kV or at the 500-kV level.
Agency Purpose and Need, Proposed Action, and Alternatives
The purpose and need for DOE's action is to decide whether to grant
ESJ's application for a Presidential permit for the proposed
international electric transmission line. DOE's proposed action is to
issue a Presidential permit for the construction, operation,
maintenance, and connection of the proposed international electric
transmission line. If granted, the Presidential permit would authorize
only the one-mile portion of the applicant's proposal that would be
constructed and operated wholly within the United States.
Both of ESJ's proposed route alternatives would cross the U.S.-
Mexico border at the same location. However, the route alternative
identified as A1 in the Presidential permit application would be
constructed at 500-kV and would be the eastern alternative; the other
route alternative, identified as A2, would be constructed at 230-kV and
be located to the west of the A1 alternative. Both alternatives would
be located wholly within private property in eastern San Diego County
near the unincorporated community of Jacumba. In addition to the
alternatives proposed by ESJ, DOE will also consider the environmental
impacts of a ``No Action'' alternative.
DOE originally considered an environmental assessment (EA) (to be
titled Baja Wind U.S. Transmission Environmental Assessment) to be the
appropriate level of review under NEPA. DOE published a Notice of
Intent to Prepare an Environmental Assessment and to Conduct Public
Scoping Meetings in the Federal Register on August 4, 2008 (73 FR
45218). In that notice DOE stated ``if at any time during preparation
of the EA DOE determines that an environmental impact statement (EIS)
is needed * * * DOE will consider any comments on the scope of the EA
received during [the EA
[[Page 8519]]
scoping process] in preparing such an EIS.''
Identification of Environmental Issues
When publishing its notice of intent to prepare an EA on August 4,
2008, DOE opened a 30-day scoping period during which the public was
invited to participate in the identification of potential environmental
impacts that may result from construction of the ESJ transmission line
project and reasonable alternatives. DOE conducted two scoping meetings
in Jacumba. Nine issues and concerns were identified as a result of the
scoping opportunity. These issues and concerns are (1) visual impacts,
(2) avian mortality, (3) impacts to protected, threatened, endangered,
or sensitive species of animals or plants, or their critical habitats,
(4) impacts to cultural or historic resources, (6) impacts to human
health and safety, (6) impacts to air, soil, and water, (7) land use
impacts, (8) impacts of seismic activity, and (9) impacts from
development of wind generation. In the EIS DOE will analyze these
issues and others it finds appropriate to address, such as greenhouse
gas emissions and global climate change and also intentional
destructive acts, such as terrorism. No additional construction or
routing alternatives were proposed as a result of the scoping process.
Several commenters in this proceeding have asked DOE to evaluate
the impacts associated with activities that will occur inside Mexico
(e.g., from the construction and operation in Mexico of the wind
generators). NEPA does not require an analysis of environmental impacts
that occur within another sovereign nation that result from approved
actions by that nation. The EIS, however, will evaluate all relevant
environmental impacts within the U.S. related to or caused by project-
related activities in Mexico.
Based on comments received during the initial EA process, and the
potential for public controversy, DOE has determined an EIS to be the
proper NEPA compliance document.
EIS Preparation and Schedule
In preparing the Draft EIS, DOE will consider comments received
during the scoping period. Because of previous public participation
activities, DOE does not plan to conduct additional scoping meetings
for this EIS. However, any timely additional written comments submitted
will be considered by DOE in determining the scope of the EIS.
DOE anticipates issuing a Draft EIS in the fall of 2009. DOE will
provide a public comment period of at least 45 days from the
Environmental Protection Agency's (EPA's) Notice of Availability (NOA)
of the Draft EIS and will hold at least one public hearing during the
public comment period.
DOE will include all comments received on the Draft EIS, and
responses to those comments, in the Final EIS. DOE will issue a Record
of Decision no sooner than 30 days from EPA's NOA of the Final EIS.
Persons who submitted comments during the scoping process will
receive a copy of the Draft EIS. Other persons who would like to
receive a copy of the document for review when it is issued should
notify Dr. Jerry Pell at the address provided above.
Issued in Washington, DC, on February 18, 2009.
Patricia A. Hoffman,
Acting Assistant Secretary, Office of Electricity Delivery and Energy
Reliability.
[FR Doc. E9-4049 Filed 2-24-09; 8:45 am]
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