San Luis Rio Colorado Project, Yuma County, AZ, 7033-7036 [E6-1914]
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Federal Register / Vol. 71, No. 28 / Friday, February 10, 2006 / Notices
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groups; other interested parties; affected
landowners; Native American tribes;
libraries, and newspapers; and the
Commission’s official service list for
this proceeding. A comment period will
be allotted for review if the EA is
published. 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.
Public Participation
You can make a difference by
providing us with your specific
comments or concerns about the
proposal. By becoming a commentor,
your concerns will be addressed in the
EA and considered by the Commission.
You should focus on the potential
environmental effects of the proposal,
alternatives to the proposal (including
alternative locations), and measures to
avoid or lessen environmental impact.
The more specific your comments, the
more useful they will be. Please
carefully follow these instructions to
ensure that your comments are received
in time and properly recorded:
• Send an original and two copies of
your letter to: Magalie R. Salas,
Secretary, Federal Energy Regulatory
Commission, 888 First St. NE.; Room
1A, Washington, DC 20426;
• Label one copy of the comments for
the attention of the Gas Branch 1, DG2E;
and
• Reference Docket No. PF06–2–000
on the original and both copies.
• Mail your comments so that they
will be received in Washington, DC on
or before March 17, 2006.
The Commission encourages
electronic filing of comments. See Title
18 Code of Federal Regulations (CFR)
385.2001(a)(1)(iii) and the instructions
on the Commission’s internet website at
https://www.ferc.gov under the ‘‘eFiling’’
link and the link to the user’s Guide.
Prepare your submission in the same
manner as you would if filing on paper
and save it to a file on your hard drive.
Before you can file comments you will
need to create an account by clicking on
‘‘Login to File’’ and then ‘‘New User
Account.’’ You will be asked to select
the type of filing you are making. This
filing is considered a ‘‘Comment on
Filing.’’
When Transco submits its application
for authorization to construct and
operate the Potomac Expansion Project,
the Commission will publish a Notice of
Application in the Federal Register and
will establish a deadline for interested
persons to intervene in the proceeding.
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Because the Commission’s Pre-Filing
Process occurs before an application to
begin a proceeding is officially filed,
petitions to intervene during this
process are premature and will not be
accepted by the Commission.
DEPARTMENT OF ENERGY
Environmental Mailing List
7033
AGENCY:
If you received this notice, you are on
the environmental mailing list for the
Potomac Expansion Project and will
continue to receive project updates
including the EA. If you want your
contact information corrected or you do
not want to remain on our mailing list,
please return the Correct or Remove
From Mailing List Form included as
Appendix B.
To reduce printing and mailing costs,
the EA may be issued in both CD–ROM
and hard copy formats. The FERC
strongly encourages the use of the CD–
ROM format in its publication of
documents. If you wish to receive a
paper copy of the EA instead of a CD–
ROM, you must indicate that choice on
the return postcard (Appendix B).
Availability of Additional Information
Additional information about the
project is available from the
Commission’s Office of External Affairs
at 1–866–208 FERC or on the FERC
Internet Web site (https://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., PF06–2). 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 also provides access to the texts of
formal documents issued by the
Commission, such as orders, notices,
and rule makings.
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 https://www.ferc.gov/
esubscribenow.htm.
Magalie R. Salas,
Secretary.
[FR Doc. E6–1857 Filed 2–9–06; 8:45 am]
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Western Area Power Administration
San Luis Rio Colorado Project, Yuma
County, AZ
Western Area Power
Administration, DOE.
ACTION: Notice of intent to prepare an
Environmental Impact Statement and to
conduct public scoping meetings; notice
of floodplain and wetlands
involvement.
SUMMARY: The Department of Energy’s
(DOE) Western Area Power
Administration (Western) and Office of
Electricity Delivery and Energy
Reliability (OE) intend to conduct
public scoping meetings and to prepare
an environmental impact statement
(EIS) on a proposal to construct new
international transmission facilities and
to connect those facilities with
Western’s transmission system at its
Gila Substation east of Yuma, Arizona.
The EIS will be prepared in compliance
with the National Environmental Policy
Act (NEPA) and applicable regulations,
including DOE NEPA implementing
regulations.
The EIS is being prepared in response
to Generadora del Desierto S.A. de C.V.
(GDD) applying to DOE for a
Presidential permit to construct two
500,000-volt (500-kilovolt (kV)) electric
transmission lines across the United
States border from Mexico, and North
Branch Resources, LLC (NBR) applying
to interconnect with Western’s
transmission system. With this Notice of
Intent, DOE invites public participation
in the EIS scoping process and solicits
public comments to help establish the
scope and content of the EIS. Because
the project involves action in a
floodplain, the EIS will address
floodplain and wetlands impacts per
DOE regulations for compliance with
floodplain and wetlands environmental
review.
DATES: DOE invites interested agencies,
tribes, organizations, and members of
the public to submit comments or
suggestions to assist in identifying
significant environmental issues and in
determining the appropriate scope of
the EIS. The public scoping period starts
with the publication of this notice in the
Federal Register and will continue until
March 13, 2006.
Public scoping meetings are set for:
1. February 28, 2006, 9 a.m. to 4 p.m.
in Yuma, Arizona.
2. February 28, 2006, 6 to 9 p.m. in
Yuma, Arizona.
3. March 1, 2006, 9 a.m. to 4 p.m. in
San Luis, Arizona.
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4. March 1, 2006, 6 to 9 p.m., in San
Luis, Arizona.
ADDRESSES: Written comments or
suggestions on the scope of the EIS
should be addressed to Mr. John Holt,
Environmental Manager, Desert
Southwest Customer Service Region,
Western Area Power Administration,
P.O. Box 6457, Phoenix, AZ 85005,
facsimile (602) 605–2630, e-mail
holt@wapa.gov.
Scoping meetings will be held at the
Yuma Civic and Convention Center,
1440 West Desert Hills Drive in Yuma,
AZ on February 28, and at the San Luis
High School, 1250 North 8th Avenue in
San Luis, AZ on March 1, 2006. The
facilities are wheelchair accessible, and
a Spanish-speaking representative will
be present.
FOR FURTHER INFORMATION CONTACT: For
information on the proposed project and
interconnection with Western’s
transmission system, or to receive a
copy of the Draft EIS when it is issued,
contact Mr. Mark Wieringa, NEPA
Document Manager, Western Area
Power Administration, P.O. Box 281213,
Lakewood, CO 80228–8213, telephone
(800) 336–7288, facsimile (720) 962–
7263, e-mail wieringa@wapa.gov.
For information on the Presidential
permit process, contact Mrs. Ellen
Russell, Office of Electricity Delivery
and Energy Reliability (OE–20), U.S.
Department of Energy, 1000
Independence Avenue, SW.,
Washington, DC 20585–0350, telephone
(202) 586–9624, facsimile (202) 586–
5860, e-mail ellen.russell@hq.doe.gov.
For general information on the DOE’s
NEPA review process, contact Carol M.
Borgstrom, Director, Office of NEPA
Policy and Compliance (EH–42), U.S.
Department of Energy, 1000
Independence Avenue, SW.,
Washington, DC 20585–0119, telephone
(202) 586–4600 or (800) 472–2756;
facsimile (202) 586–7031.
SUPPLEMENTARY INFORMATION:
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Background and Need for Agency
Action
Western Interconnection Project
Federal Energy Regulatory
Commission (FERC) Order Nos. 888 and
888–A require all public utilities
owning or controlling interstate
transmission facilities to offer nondiscriminatory open access transmission
services. Through these Orders, FERC
addressed the need to encourage lower
electricity rates by facilitating the
development of competitive wholesale
electric power markets through the
prevention of unduly discriminatory
practices in providing transmission
services.
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In order to be consistent with FERC
Order Nos. 888 and 888-A, Western
published its Notice of Final Open
Access Transmission Service Tariff
(Tariff) in the Federal Register on
January 6, 1998. Western filed an
amendment to the Tariff with FERC on
January 25, 2005, to adopt Large
Generator Interconnection (LGI) rules
that substantially conform with those
published in FERC Order Nos. 2003,
2003–A and 2003–B. Western’s
amended Tariff requires Western to
respond to an application as presented
by an applicant. Section 211 of the
Federal Power Act requires that
transmission services be provided upon
application if transmission capacity is
available.
In compliance with the FERC LGI
rules, Western has committed to
accommodating new transmission
capacity constructed by an applicant.
NBR has requested an interconnection
to the Federal transmission system
under Western’s Tariff. Western must
determine whether to grant or deny the
interconnection while considering
effects of the proposed project on
existing customers, the environment,
system reliability, and any system
modifications needed to accommodate
the interconnection. If the
interconnection request is granted and
the proposed project proceeds, Western
would construct, own, operate, and
maintain any required modifications to
its own transmission system within the
United States at the expense of NBR.
Because the proposed project would
integrate a major new source of
generation into Western’s transmission
system, Western has determined that an
EIS is required under DOE’s NEPA
Implementing Procedures, 10 CFR part
1021, Subpart D, Appendix D, class of
action D6.
DOE Presidential Permit
GDD has applied to DOE for a
Presidential permit to construct two
500-kV electric transmission lines
across the United States border from
Mexico. Executive Order 10485, as
amended by Executive Order 12038,
requires that a Presidential permit be
issued before electric transmission
facilities may be constructed, operated,
maintained, or connected at the U.S.
international border. The Executive
Order provides that a Presidential
permit may be issued after a finding that
the proposed project is consistent with
the public interest and after concurrence
by the U.S. Departments of State and
Defense. The implementing regulations
are published at 10 CFR 205.320–
205.329.
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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 United States electric power supply
system under normal and contingency
conditions), and any other factors that
DOE may also consider relevant to the
public interest. Issuance of a
Presidential permit indicates that there
is no Federal objection to the project,
but does not mandate that the project be
completed.
Proposed Action and Alternatives
The Applicants are each wholly
owned subsidiaries of North Branch
Holding, LLC. GDD proposes to
construct, own, operate, and maintain
the power plant in Mexico and the short
section of transmission line located in
Mexico. The Applicants propose that
Western construct, own, operate, and
maintain the double-circuited 500-kV
transmission components in the United
States, at the Applicants’ expense. In
response to the interconnection request
to Western, the transmission line would
interconnect with Western’s
transmission system through a 500/161kV expansion at Gila Substation, located
east of Yuma. Under the proposal,
Western would construct, own, operate,
and maintain the 500-kV transmission
line between a Point of Change of
Ownership near the international border
and the Gila Substation, the 500/161-kV
expansion at Gila Substation, and the
500-kV transmission line between Gila
Substation and Arizona Public Service
Company’s (APS) North Gila Substation.
In that case, Western would become a
co-applicant on the Presidential permit
application.
Western considers the 500-kV
transmission facilities south of Gila
Substation, the Proposed Point of
Interconnection, to be Interconnection
Facilities for the sole use of the
Applicants, while the path between Gila
Substation and North Gila Substation is
a Network Upgrade benefiting the
integrated transmission system. The
Interconnection Facilities will consist of
the Interconnection Customer’s
Interconnection Facilities, owned by
GDD, and Transmission Provider’s
Interconnection Facilities, owned by
Western. GDD has received an
authorization from Comision
Reguladora de Energia (CRE), Mexico’s
energy regulatory commission, to export
electric energy to the United States and
GDD proposes to deliver on-peak
electrical power into the United States
in the vicinity of Yuma, Arizona.
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The total length of the 500-kV
transmission system within the United
States would be approximately 25 miles;
20 miles from the international border
to Gila Substation and 5 miles from Gila
Substation to North Gila Substation. To
reduce the height, the double-circuit
500-kV transmission line may be
constructed as two separate singlecircuit transmission lines for a short
distance near the U.S. Marine Corps
Auxiliary Airfield No. 2 landing pattern.
The Applicants have proposed a route
for the 500-kV transmission line that
crosses the border immediately north of
the proposed power generation facility
and then turns northeast to the
boundary of the Barry M. Goldwater
Range (Range). The route then proceeds
north along the boundary of the Range
and parallels the proposed Area Service
Highway and Western’s existing Sonora
69-kV transmission line. Near the
northwest corner of the Range, the
proposed route heads north to the Yuma
Mesa Irrigation District canal and levee,
then turns generally northeastward,
paralleling the canal, levee, levee road,
and Western’s 69-kV line into Gila
Substation. Leaving Gila Substation, the
proposed route parallels the existing
three transmission lines to the north,
crossing the South Gila Valley, then
turns northwest and into APS’s North
Gila Substation, still paralleling the
existing transmission lines. DOE will
evaluate opportunities to consolidate
existing transmission lines with the
proposed new line.
DOE will consider any additional
reasonable alternatives that result from
comments received in response to the
scoping process described in this notice.
To be considered reasonable,
alternatives would need to meet the
Applicants’ and Western’s purpose and
need, and be technically feasible and
economically viable. DOE will also
consider reasonable alternatives that
may be identified later in the EIS
process.
The EIS will also consider the
environmental impacts of the ‘‘No
Action’’ alternative. Under the No
Action alternative, the EIS will analyze
the impacts associated with not
approving an interconnection agreement
and not issuing a Presidential permit.
Activities Outside the United States
Inside Mexico, GDD plans to
construct and operate a new 550Megawatt (MW) nominal (605-MW
peaking) natural gas-fired, combined
cycle power generating facility located
approximately 3 miles east of San Luis
Rio Colorado, State of Sonora, Mexico,
and about 1 mile south of the
international border. While this facility
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is not subject to the United States’
regulatory requirements, DOE will
evaluate impacts within the United
States from its operation as part of its
impact analysis. GDD plans to construct
the power generating facility to comply
with applicable United States
environmental standards in addition to
those of Mexico’s lnstituto Nacional de
´
Ecologıa. The planned generating
facility would be equipped with
advanced air emissions control
technology, including low-NOX
combustion technology and a selective
catalytic reduction system for oxides of
nitrogen, and catalytic oxidizers for
carbon monoxide emissions control.
The generating facility’s primary source
of water would be treated effluent from
the San Luis Rio Colorado water
treatment plant, and GDD would
construct a pipeline system connecting
the two facilities. A natural gas pipeline
approximately 6 miles long would be
constructed from the generating facility
to an existing main gas line. GDD plans
to sell off-peak power inside Mexico to
the association of maquiladoras
(fabrication or assembly plants in the
North American Free Trade Agreement
zone) of San Luis Rio Colorado and also
to the Comision Federal de Electricidad,
Mexico’s national electric utility. GDD
would construct, own, operate, and
maintain a section of transmission line
in Mexico to a point to be determined
(Point of Change of Ownership).
Identification of Environmental Issues
In the EIS, DOE will examine public
health and safety effects and
environmental impacts within the
United States from the proposed
transmission facilities and from the
associated Mexico generating facility.
The EIS will be prepared under the
requirements of the Council on
Environmental Quality’s NEPA
Implementing Regulations (40 CFR parts
1500–1508) and DOE’s NEPA
Implementing Procedures (10 CFR part
1021). Because the project involves
action in a floodplain, the EIS will
include a floodplain assessment and
floodplain statement of findings
following DOE regulations for
compliance with floodplain and
wetlands environmental review (10 CFR
part 1022). Tribal governments and
Federal, state, and local agencies with
special expertise or jurisdiction over the
proposed project are being invited to
become cooperating agencies on the EIS.
This notice is to inform agencies and
the public of the proposed project and
solicit comments and suggestions for
consideration in the preparation of the
EIS. To help the public frame its
comments, this notice contains a list of
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potential environmental issues within
the United States that DOE has
tentatively identified for analysis. These
issues include:
(1) Impacts on protected, threatened,
endangered, or sensitive species of
animals or plants or their critical
habitats (including flat-tailed horned
lizard and Peirson’s milk-vetch);
(2) Impacts on other biological
resources;
(3) Impacts on land use, recreation,
and transportation (including
agriculture, urban development and the
planned Area Service Highway);
(4) Impacts on floodplains and
wetlands;
(5) Impacts on cultural or historic
resources and tribal values;
(6) Impacts on human health and
safety (including military, civilian, and
agricultural aviation safety);
(7) Impacts on air, soil, and water
resources (including air quality,
groundwater consumption, and quality);
(8) Visual impacts; and
(9) Socioeconomic impacts and
disproportionately high and adverse
impacts to minority and low-income
populations.
This list is not intended to be allinclusive or to imply any
predetermination of impacts, and DOE
invites interested parties to suggest
specific issues within these general
categories, or other issues not included
above, to be considered in the EIS. Since
the EIS would be prepared in
compliance with U.S. law, it will only
address impacts that would accrue in
the United States. NEPA does not
require an analysis of environmental
impacts that occur within another
sovereign nation that result from
approved actions by that sovereign
nation. Executive Order 12114 (January
4, 1979) requires Federal agencies to
prepare an analysis of significant
impacts from a Federal action in certain
defined circumstances and exempts
agencies from preparing analyses in
others. The Order does not require
Federal agencies to evaluate impacts
outside the United States when the
foreign nation is participating with the
United States or is otherwise involved
in the action. Here, the Mexican
Government has been involved in
evaluating the environmental impacts
associated with the generating facility in
Mexico and has issued permits
authorizing the construction and
operation of the generating facility and
ancillary facilities, including water use.
An overview of the permitting of the
generating facility and associated
environmental impacts analysis that
was performed by the Mexican
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Government will be included in the
Draft EIS.
Scoping Process
Interested parties are invited to
participate in the scoping process, both
to refine the preliminary alternatives
and environmental issues to be analyzed
in depth, and to eliminate from detailed
study those alternatives and
environmental issues that are not
feasible or pertinent. All comments
received will be considered and used to
shape the EIS process.
Public EIS scoping meetings will be
held at the location, date, and times
indicated above under the DATES and
ADDRESSES sections. The scoping
meetings will be structured as informal
open houses. They will provide
interested parties the opportunity to
view proposed project and EIS process
information, ask questions, and make
comments. DOE and cooperating agency
representatives will be available to
answer questions and provide
additional information to attendees.
DOE invites those entities with
jurisdiction by law or special expertise
with respect to environmental issues to
be cooperating agencies on the EIS, as
defined at 40 CFR 1501.6. Such entities
may also make a request to DOE to be
a cooperating agency. Designated
cooperating agencies have certain
responsibilities to support the NEPA
process, as specified at 40 CFR
1501.6(b).
Persons submitting comments during
the scoping process will receive copies
of the Draft EIS. Persons who do not
wish to submit comments or suggestions
at this time, but who would like to
receive a copy of the Draft EIS for
review and comment when it is issued,
should notify Mr. Mark Wieringa at the
address provided above. The Draft EIS
in printed form or electronic form on a
compact disc will be made available to
the public upon request.
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Draft EIS Schedule and Availability
DOE anticipates the EIS process will
take about 14 to 16 months and will
include the public information and
scoping meetings; consultation and
involvement with appropriate Federal,
state, and local agencies, and tribal
governments; public review and
hearing(s) on the published Draft EIS; a
published Final EIS; and publication of
a Record of Decision (ROD).
The public will be provided an
opportunity to review the Draft EIS and
a hearing on the published Draft EIS is
expected to be conducted in the third
quarter of calendar year 2006. A notice
of the location of these public hearings
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will be provided in the Federal Register
and local media at a later date.
A published final EIS, a waiting
period, and publication of a ROD are
anticipated in early calendar year 2007.
Dated: February 2, 2006.
Michael S. Hacskaylo,
Administrator.
[FR Doc. E6–1914 Filed 2–9–06; 8:45 am]
BILLING CODE 6450–01–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–8030–9]
Proposed Settlement Agreement,
Clean Air Act Citizen Suit
Environmental Protection
Agency (EPA).
ACTION: Notice of Proposed Settlement
Agreement; Request for Public
Comment.
AGENCY:
SUMMARY: In accordance with section
113(g) of the Clean Air Act, as amended
(‘‘Act’’), 42 U.S.C. 7413(g), notice is
hereby given of a proposed settlement
agreement, to address a petition for writ
of mandamus filed by Sierra Club in the
U.S. Court of Appeals for the District of
Columbia Circuit: In re Sierra Club, No.
05–1045 (DC Cir.). On February 15,
2005, Petitioner filed a petition asking
the Court to issue a writ of mandamus
directing EPA to complete remand
proceedings ordered by the United
States Court of Appeals for the D.C.
Circuit in Sierra Club v. EPA, 167 F.3d
658 (DC Cir. 1999) for EPA’s maximum
achievable control technology
(‘‘MACT’’) determinations for new and
existing hospital, medical and infectious
waste incinerators (‘‘HMIWI’’). Under
the terms of the proposed settlement
agreement, no later than one year after
this agreement is executed, the
Administrator shall sign a notice of
proposed rulemaking which responds to
the remand order and no later than two
years after this agreement is executed,
the Administrator shall sign a notice of
final rulemaking which responds to the
remand order.
DATES: Written comments on the
proposed settlement agree must be
received by March 13, 2006.
ADDRESSES: Submit your comments,
identified by Docket ID number EPA–
HQ–OGC–2006–0104, online at https://
www.regulations.gov (EPA’s preferred
method); by e-mail to
oei.docket@epa.gov; mailed to EPA
Docket Center, Environmental
Protection Agency, Mailcode: 2822T,
1200 Pennsylvania Ave., NW.,
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Washington, DC 20460–0001; or by
hand delivery or courier to EPA Docket
Center, EPA West, Room B102, 1301
Constitution Ave., NW., Washington,
DC, between 8:30 a.m. and 4:30 p.m.
Monday through Friday, excluding legal
holidays. Comments on a disk or CD–
ROM should be formatted in
Wordperfect or ASCII file, avoiding the
use of special characters and any form
of encryption, and may be mailed to the
mailing address above.
FOR FURTHER INFORMATION CONTACT:
Michael Thrift, Air and Radiation Law
Office (2344A), Office of General
Counsel, U.S. Environmental Protection
Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460; telephone: (202)
564–5596; fax number (202) 564–5603;
e-mail address: thrift.mike@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Additional Information About the
Proposed Settlement Agreement
EPA promulgated regulations on
September 15, 1997 to establish MACT
standards for HMIWI. 62 FR 48347.
These regulations were challenged, and
on April 12, 1999, the United States
Court of Appeals for the District of
Columbia Circuit remanded EPA’s
MACT determinations for new and
existing HMIWI regulations to EPA.
Sierra Club v. EPA, 167 F.3d 658 (DC
Cir 1999).
The settlement agreement provides,
among other things, that: (1) One year
after the execution of this settlement
agreement, EPA shall sign for
publication in the Federal Register a
notice of proposed rulemaking setting
forth its proposed response to the
Court’s remand order in Sierra Club v.
EPA; (2) following a period of at least 30
days for public comment on the
proposed rulemaking, two years after
the execution of this settlement
agreement, EPA shall sign for
publication in the Federal Register a
notice of final rulemaking; and (3) no
later than 15 days after the
Administrator signs the final
rulemaking and transmits it to the Office
of the Federal Register for publication
the petitioner will dismiss the petition
for writ of mandamus.
For a period of thirty (30) days
following the date of publication of this
notice, the Agency will receive written
comments relating to the proposed
settlement agreement from persons who
were not named as parties or interveners
to the litigation in question. EPA or the
Department of Justice may withdraw or
withhold consent to the proposed
settlement agreement if the comments
disclose facts or considerations that
indicate that such consent is
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]]>Agencies
[Federal Register Volume 71, Number 28 (Friday, February 10, 2006)]
[Notices]
[Pages 7033-7036]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-1914]
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DEPARTMENT OF ENERGY
Western Area Power Administration
San Luis Rio Colorado Project, Yuma County, AZ
AGENCY: Western Area Power Administration, DOE.
ACTION: Notice of intent to prepare an Environmental Impact Statement
and to conduct public scoping meetings; notice of floodplain and
wetlands involvement.
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SUMMARY: The Department of Energy's (DOE) Western Area Power
Administration (Western) and Office of Electricity Delivery and Energy
Reliability (OE) intend to conduct public scoping meetings and to
prepare an environmental impact statement (EIS) on a proposal to
construct new international transmission facilities and to connect
those facilities with Western's transmission system at its Gila
Substation east of Yuma, Arizona. The EIS will be prepared in
compliance with the National Environmental Policy Act (NEPA) and
applicable regulations, including DOE NEPA implementing regulations.
The EIS is being prepared in response to Generadora del Desierto
S.A. de C.V. (GDD) applying to DOE for a Presidential permit to
construct two 500,000-volt (500-kilovolt (kV)) electric transmission
lines across the United States border from Mexico, and North Branch
Resources, LLC (NBR) applying to interconnect with Western's
transmission system. With this Notice of Intent, DOE invites public
participation in the EIS scoping process and solicits public comments
to help establish the scope and content of the EIS. Because the project
involves action in a floodplain, the EIS will address floodplain and
wetlands impacts per DOE regulations for compliance with floodplain and
wetlands environmental review.
DATES: DOE invites interested agencies, tribes, organizations, and
members of the public to submit comments or suggestions to assist in
identifying significant environmental issues and in determining the
appropriate scope of the EIS. The public scoping period starts with the
publication of this notice in the Federal Register and will continue
until March 13, 2006.
Public scoping meetings are set for:
1. February 28, 2006, 9 a.m. to 4 p.m. in Yuma, Arizona.
2. February 28, 2006, 6 to 9 p.m. in Yuma, Arizona.
3. March 1, 2006, 9 a.m. to 4 p.m. in San Luis, Arizona.
[[Page 7034]]
4. March 1, 2006, 6 to 9 p.m., in San Luis, Arizona.
ADDRESSES: Written comments or suggestions on the scope of the EIS
should be addressed to Mr. John Holt, Environmental Manager, Desert
Southwest Customer Service Region, Western Area Power Administration,
P.O. Box 6457, Phoenix, AZ 85005, facsimile (602) 605-2630, e-mail
holt@wapa.gov.
Scoping meetings will be held at the Yuma Civic and Convention
Center, 1440 West Desert Hills Drive in Yuma, AZ on February 28, and at
the San Luis High School, 1250 North 8th Avenue in San Luis, AZ on
March 1, 2006. The facilities are wheelchair accessible, and a Spanish-
speaking representative will be present.
FOR FURTHER INFORMATION CONTACT: For information on the proposed
project and interconnection with Western's transmission system, or to
receive a copy of the Draft EIS when it is issued, contact Mr. Mark
Wieringa, NEPA Document Manager, Western Area Power Administration,
P.O. Box 281213, Lakewood, CO 80228-8213, telephone (800) 336-7288,
facsimile (720) 962-7263, e-mail wieringa@wapa.gov.
For information on the Presidential permit process, contact Mrs.
Ellen Russell, Office of Electricity Delivery and Energy Reliability
(OE-20), U.S. Department of Energy, 1000 Independence Avenue, SW.,
Washington, DC 20585-0350, telephone (202) 586-9624, facsimile (202)
586-5860, e-mail ellen.russell@hq.doe.gov.
For general information on the DOE's NEPA review process, contact
Carol M. Borgstrom, Director, Office of NEPA Policy and Compliance (EH-
42), U.S. Department of Energy, 1000 Independence Avenue, SW.,
Washington, DC 20585-0119, telephone (202) 586-4600 or (800) 472-2756;
facsimile (202) 586-7031.
SUPPLEMENTARY INFORMATION:
Background and Need for Agency Action
Western Interconnection Project
Federal Energy Regulatory Commission (FERC) Order Nos. 888 and 888-
A require all public utilities owning or controlling interstate
transmission facilities to offer non-discriminatory open access
transmission services. Through these Orders, FERC addressed the need to
encourage lower electricity rates by facilitating the development of
competitive wholesale electric power markets through the prevention of
unduly discriminatory practices in providing transmission services.
In order to be consistent with FERC Order Nos. 888 and 888-A,
Western published its Notice of Final Open Access Transmission Service
Tariff (Tariff) in the Federal Register on January 6, 1998. Western
filed an amendment to the Tariff with FERC on January 25, 2005, to
adopt Large Generator Interconnection (LGI) rules that substantially
conform with those published in FERC Order Nos. 2003, 2003-A and 2003-
B. Western's amended Tariff requires Western to respond to an
application as presented by an applicant. Section 211 of the Federal
Power Act requires that transmission services be provided upon
application if transmission capacity is available.
In compliance with the FERC LGI rules, Western has committed to
accommodating new transmission capacity constructed by an applicant.
NBR has requested an interconnection to the Federal transmission system
under Western's Tariff. Western must determine whether to grant or deny
the interconnection while considering effects of the proposed project
on existing customers, the environment, system reliability, and any
system modifications needed to accommodate the interconnection. If the
interconnection request is granted and the proposed project proceeds,
Western would construct, own, operate, and maintain any required
modifications to its own transmission system within the United States
at the expense of NBR.
Because the proposed project would integrate a major new source of
generation into Western's transmission system, Western has determined
that an EIS is required under DOE's NEPA Implementing Procedures, 10
CFR part 1021, Subpart D, Appendix D, class of action D6.
DOE Presidential Permit
GDD has applied to DOE for a Presidential permit to construct two
500-kV electric transmission lines across the United States border from
Mexico. Executive Order 10485, as amended by Executive Order 12038,
requires that a Presidential permit be issued before electric
transmission facilities may be constructed, operated, maintained, or
connected at the U.S. international border. The Executive Order
provides that a Presidential permit may be issued after a finding that
the proposed project is consistent with the public interest and after
concurrence by the U.S. Departments of State and Defense. The
implementing regulations are published at 10 CFR 205.320-205.329.
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 United States electric power supply system under normal and
contingency conditions), and any other factors that DOE may also
consider relevant to the public interest. Issuance of a Presidential
permit indicates that there is no Federal objection to the project, but
does not mandate that the project be completed.
Proposed Action and Alternatives
The Applicants are each wholly owned subsidiaries of North Branch
Holding, LLC. GDD proposes to construct, own, operate, and maintain the
power plant in Mexico and the short section of transmission line
located in Mexico. The Applicants propose that Western construct, own,
operate, and maintain the double-circuited 500-kV transmission
components in the United States, at the Applicants' expense. In
response to the interconnection request to Western, the transmission
line would interconnect with Western's transmission system through a
500/161-kV expansion at Gila Substation, located east of Yuma. Under
the proposal, Western would construct, own, operate, and maintain the
500-kV transmission line between a Point of Change of Ownership near
the international border and the Gila Substation, the 500/161-kV
expansion at Gila Substation, and the 500-kV transmission line between
Gila Substation and Arizona Public Service Company's (APS) North Gila
Substation. In that case, Western would become a co-applicant on the
Presidential permit application.
Western considers the 500-kV transmission facilities south of Gila
Substation, the Proposed Point of Interconnection, to be
Interconnection Facilities for the sole use of the Applicants, while
the path between Gila Substation and North Gila Substation is a Network
Upgrade benefiting the integrated transmission system. The
Interconnection Facilities will consist of the Interconnection
Customer's Interconnection Facilities, owned by GDD, and Transmission
Provider's Interconnection Facilities, owned by Western. GDD has
received an authorization from Comision Reguladora de Energia (CRE),
Mexico's energy regulatory commission, to export electric energy to the
United States and GDD proposes to deliver on-peak electrical power into
the United States in the vicinity of Yuma, Arizona.
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The total length of the 500-kV transmission system within the
United States would be approximately 25 miles; 20 miles from the
international border to Gila Substation and 5 miles from Gila
Substation to North Gila Substation. To reduce the height, the double-
circuit 500-kV transmission line may be constructed as two separate
single-circuit transmission lines for a short distance near the U.S.
Marine Corps Auxiliary Airfield No. 2 landing pattern. The Applicants
have proposed a route for the 500-kV transmission line that crosses the
border immediately north of the proposed power generation facility and
then turns northeast to the boundary of the Barry M. Goldwater Range
(Range). The route then proceeds north along the boundary of the Range
and parallels the proposed Area Service Highway and Western's existing
Sonora 69-kV transmission line. Near the northwest corner of the Range,
the proposed route heads north to the Yuma Mesa Irrigation District
canal and levee, then turns generally northeastward, paralleling the
canal, levee, levee road, and Western's 69-kV line into Gila
Substation. Leaving Gila Substation, the proposed route parallels the
existing three transmission lines to the north, crossing the South Gila
Valley, then turns northwest and into APS's North Gila Substation,
still paralleling the existing transmission lines. DOE will evaluate
opportunities to consolidate existing transmission lines with the
proposed new line.
DOE will consider any additional reasonable alternatives that
result from comments received in response to the scoping process
described in this notice. To be considered reasonable, alternatives
would need to meet the Applicants' and Western's purpose and need, and
be technically feasible and economically viable. DOE will also consider
reasonable alternatives that may be identified later in the EIS
process.
The EIS will also consider the environmental impacts of the ``No
Action'' alternative. Under the No Action alternative, the EIS will
analyze the impacts associated with not approving an interconnection
agreement and not issuing a Presidential permit.
Activities Outside the United States
Inside Mexico, GDD plans to construct and operate a new 550-
Megawatt (MW) nominal (605-MW peaking) natural gas-fired, combined
cycle power generating facility located approximately 3 miles east of
San Luis Rio Colorado, State of Sonora, Mexico, and about 1 mile south
of the international border. While this facility is not subject to the
United States' regulatory requirements, DOE will evaluate impacts
within the United States from its operation as part of its impact
analysis. GDD plans to construct the power generating facility to
comply with applicable United States environmental standards in
addition to those of Mexico's lnstituto Nacional de Ecolog[iacute]a.
The planned generating facility would be equipped with advanced air
emissions control technology, including low-NOX combustion
technology and a selective catalytic reduction system for oxides of
nitrogen, and catalytic oxidizers for carbon monoxide emissions
control. The generating facility's primary source of water would be
treated effluent from the San Luis Rio Colorado water treatment plant,
and GDD would construct a pipeline system connecting the two
facilities. A natural gas pipeline approximately 6 miles long would be
constructed from the generating facility to an existing main gas line.
GDD plans to sell off-peak power inside Mexico to the association of
maquiladoras (fabrication or assembly plants in the North American Free
Trade Agreement zone) of San Luis Rio Colorado and also to the Comision
Federal de Electricidad, Mexico's national electric utility. GDD would
construct, own, operate, and maintain a section of transmission line in
Mexico to a point to be determined (Point of Change of Ownership).
Identification of Environmental Issues
In the EIS, DOE will examine public health and safety effects and
environmental impacts within the United States from the proposed
transmission facilities and from the associated Mexico generating
facility. The EIS will be prepared under the requirements of the
Council on Environmental Quality's NEPA Implementing Regulations (40
CFR parts 1500-1508) and DOE's NEPA Implementing Procedures (10 CFR
part 1021). Because the project involves action in a floodplain, the
EIS will include a floodplain assessment and floodplain statement of
findings following DOE regulations for compliance with floodplain and
wetlands environmental review (10 CFR part 1022). Tribal governments
and Federal, state, and local agencies with special expertise or
jurisdiction over the proposed project are being invited to become
cooperating agencies on the EIS.
This notice is to inform agencies and the public of the proposed
project and solicit comments and suggestions for consideration in the
preparation of the EIS. To help the public frame its comments, this
notice contains a list of potential environmental issues within the
United States that DOE has tentatively identified for analysis. These
issues include:
(1) Impacts on protected, threatened, endangered, or sensitive
species of animals or plants or their critical habitats (including
flat-tailed horned lizard and Peirson's milk-vetch);
(2) Impacts on other biological resources;
(3) Impacts on land use, recreation, and transportation (including
agriculture, urban development and the planned Area Service Highway);
(4) Impacts on floodplains and wetlands;
(5) Impacts on cultural or historic resources and tribal values;
(6) Impacts on human health and safety (including military,
civilian, and agricultural aviation safety);
(7) Impacts on air, soil, and water resources (including air
quality, groundwater consumption, and quality);
(8) Visual impacts; and
(9) Socioeconomic impacts and disproportionately high and adverse
impacts to minority and low-income populations.
This list is not intended to be all-inclusive or to imply any
predetermination of impacts, and DOE invites interested parties to
suggest specific issues within these general categories, or other
issues not included above, to be considered in the EIS. Since the EIS
would be prepared in compliance with U.S. law, it will only address
impacts that would accrue in the United States. NEPA does not require
an analysis of environmental impacts that occur within another
sovereign nation that result from approved actions by that sovereign
nation. Executive Order 12114 (January 4, 1979) requires Federal
agencies to prepare an analysis of significant impacts from a Federal
action in certain defined circumstances and exempts agencies from
preparing analyses in others. The Order does not require Federal
agencies to evaluate impacts outside the United States when the foreign
nation is participating with the United States or is otherwise involved
in the action. Here, the Mexican Government has been involved in
evaluating the environmental impacts associated with the generating
facility in Mexico and has issued permits authorizing the construction
and operation of the generating facility and ancillary facilities,
including water use. An overview of the permitting of the generating
facility and associated environmental impacts analysis that was
performed by the Mexican
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Government will be included in the Draft EIS.
Scoping Process
Interested parties are invited to participate in the scoping
process, both to refine the preliminary alternatives and environmental
issues to be analyzed in depth, and to eliminate from detailed study
those alternatives and environmental issues that are not feasible or
pertinent. All comments received will be considered and used to shape
the EIS process.
Public EIS scoping meetings will be held at the location, date, and
times indicated above under the DATES and ADDRESSES sections. The
scoping meetings will be structured as informal open houses. They will
provide interested parties the opportunity to view proposed project and
EIS process information, ask questions, and make comments. DOE and
cooperating agency representatives will be available to answer
questions and provide additional information to attendees.
DOE invites those entities with jurisdiction by law or special
expertise with respect to environmental issues to be cooperating
agencies on the EIS, as defined at 40 CFR 1501.6. Such entities may
also make a request to DOE to be a cooperating agency. Designated
cooperating agencies have certain responsibilities to support the NEPA
process, as specified at 40 CFR 1501.6(b).
Persons submitting comments during the scoping process will receive
copies of the Draft EIS. Persons who do not wish to submit comments or
suggestions at this time, but who would like to receive a copy of the
Draft EIS for review and comment when it is issued, should notify Mr.
Mark Wieringa at the address provided above. The Draft EIS in printed
form or electronic form on a compact disc will be made available to the
public upon request.
Draft EIS Schedule and Availability
DOE anticipates the EIS process will take about 14 to 16 months and
will include the public information and scoping meetings; consultation
and involvement with appropriate Federal, state, and local agencies,
and tribal governments; public review and hearing(s) on the published
Draft EIS; a published Final EIS; and publication of a Record of
Decision (ROD).
The public will be provided an opportunity to review the Draft EIS
and a hearing on the published Draft EIS is expected to be conducted in
the third quarter of calendar year 2006. A notice of the location of
these public hearings will be provided in the Federal Register and
local media at a later date.
A published final EIS, a waiting period, and publication of a ROD
are anticipated in early calendar year 2007.
Dated: February 2, 2006.
Michael S. Hacskaylo,
Administrator.
[FR Doc. E6-1914 Filed 2-9-06; 8:45 am]
BILLING CODE 6450-01-P
