[Federal Register Volume 75, Number 96 (Wednesday, May 19, 2010)]
[Notices]
[Pages 28002-28004]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-11911]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket No. PF10-8-000]
Duke Energy Indiana, Inc.; Notice of Intent To Prepare an
Environmental Assessment for the Planned Gallagher Station Project, and
Request for Comments on Environmental Issues
May 12, 2010.
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 Gallagher Station Project,
involving construction and operation of facilities by Duke Energy
Indiana, Inc. (DEI) in Floyd and Harrison Counties, Indiana (IN) and
Jefferson County, Kentucky (KY). The facilities include 20 miles of 20-
inch-diameter natural gas pipeline, supporting valves and other meter
stations. This EA will be used by the Commission 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 need to be evaluated in the EA. Please note that
the scoping period will close on June 11, 2010.
This notice is being sent to affected landowners; 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. State and local
government representatives are asked to 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, you may be contacted
by a pipeline company representative about the acquisition of an
easement to construct, operate, and maintain the planned facilities.
The company would seek to negotiate a mutually acceptable
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agreement. However, if the project is approved by the Commission, 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 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 (http://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.
Summary of the Planned Project
DEI plans to construct and operate approximately 20 miles of 20-
inch-diameter pipeline. According to DEI, its project would enable it
to provide natural gas from the existing interstate pipeline facilities
of Texas Gas Transmission, LLC. (Texas Gas) in Jefferson County, KY to
two of four existing coal-fired units at the Gallagher Station which
are being converted to natural gas-fired units. The electric generating
pipeline would be designed to have a delivery pressure of 480 psig to
the Gallagher Station; with a peak flow rate of 5.6 million cubic feet
per hour (MMcf/hr) and an off-peak flow rate of 4.4 MMcf/hr.
The Gallagher Station Project would also include:
Construction of one new natural gas meter station at
Milepost (MP) 0.0 in Jefferson County, KY;
Construction of one new natural gas metering and
regulation station at MP 19.52 in Floyd County, IN; and
Construction of two mainline block valves: One in Floyd
County, IN at MP 13.52, and the other in Harrison County at MP 7.21.
The general location of the project facilities is shown in appendix
1.\1\
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\1\ The appendices referenced in this notice are not being
printed in the Federal Register. Copies of appendices were sent to
all those receiving this notice in the mail and are available at
http://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
Construction of the planned facilities would disturb about 286
acres of land for the aboveground facilities and the pipeline.
Following construction, about 118 acres would be maintained for
permanent operation of the project's facilities; the remaining acreage
would be restored and allowed to revert to former uses. About 50
percent of the planned pipeline route parallels an existing electric
transmission and road right-of-way (ROW).
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. All comments
received in a timely fashion will be considered 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 planned project under these
general headings:
Geology and soils;
land use;
water resources, fisheries, and wetlands;
cultural resources;
vegetation and wildlife;
air quality and noise; and
endangered and threatened species.
We will also evaluate reasonable 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 an
application is filed with the FERC. 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 EA.
Our independent analysis of the issues will be presented in the EA.
The EA will be placed in the public record and, depending on the
comments received during the scoping process, may be published and
distributed to the public. A comment period will be allotted if the EA
is published for review. We will consider all comments on the EA before
we make our recommendations to the Commission. To ensure your comments
are considered, please carefully follow the instructions in the Public
Participation section below.
With this notice, we are asking agencies with jurisdiction and/or
special expertise with respect to environmental issues to formally
cooperate with us in the preparation of the EA. These agencies may
choose to participate once they have evaluated the proposal relative to
their responsibilities. 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.
Consultations Under Section 106 of the National Historic Preservation
Act
In accordance with the Advisory Council on Historic Preservation's
implementing regulations for the section 106 process, we are using this
notice to solicit the views of the public on the project's potential
effects on historic properties.\3\ We will document our findings on the
impacts on cultural resources and summarize the status of consultations
under section 106 of the National Historic Preservation Act in our EA.
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\3\ The Advisory Council on Historic Preservation's regulations
are at Title 36, Code of Federal Regulations, Part 800.2(d).
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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 they will be received in Washington, DC on or before June 11,
2010.
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 (PF10-8-000) with your submission. The Commission
encourages electronic filing of comments and has expert eFiling staff
available to assist you at (202) 502-8258 or [email protected].
(1) You may file your comments electronically by using the Quick
Comment feature, which is located at http://www.ferc.gov under the link
called ``Documents and Filings''. A
[[Page 28004]]
Quick Comment is an easy method for interested persons to submit text-
only comments on a project;
(2) You may file your comments electronically by using the
``eFiling'' feature that is listed under the ``Documents and Filings''
link. eFiling involves preparing your submission in the same manner as
you would if filing on paper, and then saving the file on your
computer's hard drive. You will attach that file to your submission.
New eFiling users must first create an account by clicking on the links
called ``Sign up'' or ``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
(3) You may file a paper copy of your comments at the following
address: Kimberly D. Bose, Secretary, Federal Energy Regulatory
Commission, 888 First Street, NE., Room 1A, Washington, DC 20426.
Label one copy of the comments for the attention of Gas Branch 3,
PJ-11.3.
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 ROW 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.
If the EA is published for distribution, paper copies will be sent
to the environmental mailing list for public review and comment. If you
would like to remove your name from the mailing list, please return the
attached Information Request (Appendix 2).
Becoming an Intervenor
Once DEI 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
included in the User's Guide under the ``e-filing'' link on the
Commission's website. Please note that you may not request intervenor
status at this time. You must wait until a formal application for the
project is filed with the Commission.
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 (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., PF10-8). Be sure you have selected an appropriate date range.
For assistance, please contact FERC Online Support at
[email protected] 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 http://www.ferc.gov/esubscribenow.htm.
Finally, public meetings or site visits will be posted on the
Commission's calendar located at http://www.ferc.gov/EventCalendar/EventsList.aspx along with other related information.
Kimberly D. Bose,
Secretary.
[FR Doc. 2010-11911 Filed 5-18-10; 8:45 am]
BILLING CODE 6717-01-P