Northern Natural Gas Company; Notice of Intent To Prepare an Environmental Impact Statement for the Proposed Northern Lights 2023 Expansion Project, Request for Comments on Environmental Issues, and Schedule for Environmental Review, 47406-47409 [2022-16589]
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47406
Federal Register / Vol. 87, No. 148 / Wednesday, August 3, 2022 / Notices
mitigation measures beyond those
required by regulation and agreements
or achieved through design features or
best management practices. However,
the INL VTR Alternative has the
potential to affect one or more resource
areas. If during implementation,
mitigation measures above and beyond
those required by regulations are
identified to reduce impacts, they
would be developed, documented, and
executed.
Signing Authority
This document of the Department of
Energy was signed on July 22, 2022, by
Robert Boston, Manager, Idaho
Operations Office, Office of Nuclear
Energy, pursuant to delegated authority
from the Secretary of Energy. That
document with the original signature
and date is maintained by DOE. For
administrative purposes only, and in
compliance with the requirements of the
Office of the Federal Register, the
undersigned DOE Federal Register
Liaison Officer has been authorized to
sign and submit the document in
electronic format for publication, as an
official document of the Department of
Energy. The administrative process in
no way alters the legal effect of this
document upon publication in the
Federal Register.
Signed in Washington, DC, on July 29,
2022.
Treena V. Garrett,
Federal Register Liaison Officer, U.S.
Department of Energy.
[FR Doc. 2022–16573 Filed 8–2–22; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[Docket No. CP22–138–000]
lotter on DSK11XQN23PROD with NOTICES1
Northern Natural Gas Company; Notice
of Intent To Prepare an Environmental
Impact Statement for the Proposed
Northern Lights 2023 Expansion
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 Northern Lights 2023
Expansion Project (Project) involving
construction and operation of facilities
by Northern Natural Gas Company
(Northern) in Freeborn, Scott,
Sherburne, Stearns, and Washington
Counties, Minnesota, and Monroe
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18:39 Aug 02, 2022
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County, Wisconsin. The Commission
will use this EIS in its decision-making
process to determine whether the
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 May
17, 2022 in Docket No. CP22–138–000,
the Commission opened a scoping
period to solicit comments. Subsequent
to issuance of that notice, Commission
staff has determined that it will prepare
an EIS for the Project. The EIS will
address the concerns raised during the
initial scoping process as well as
comments received in response to this
notice.
By this notice, the Commission
requests public comments on the scope
of issues to address in the
environmental document, including
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
August 29, 2022. Comments may be
submitted in written form. Further
details on how to submit comments are
provided in the Public Participation
section of this notice.
As mentioned above, the Commission
opened a scoping period which expired
on June 17, 2022; however, Commission
staff continued to accept comments after
the comment period closed. All
substantive written and oral comments
provided will be addressed in the EIS.
Therefore, if you submitted comments
on this Project to the Commission
during the previous scoping period, 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
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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.
Northern 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
(3) You can file a paper copy of your
comments by mailing them to the
Commission. Be sure to reference the
project docket number (CP22–138–000)
on your letter. Submissions sent via the
U.S. Postal Service must be addressed
to: Kimberly D. Bose, Secretary, Federal
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Federal Register / Vol. 87, No. 148 / Wednesday, August 3, 2022 / Notices
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, the
Project Purpose and Need, and
Expected Impacts
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According to Northern, the Project
would provide for incremental winter
firm service of 44,222 dekatherms per
day (Dth/day) serving residential,
commercial, and industrial customer
market growth in Northern’s Market
Area and 6,667 Dth/day of additional
firm service that would allow a shipper
enhanced reliability and flexibility in
scheduling their transportation capacity.
The Project consists of the following
facilities:
• a 2.79-mile extension of 36-inchdiameter Ventura North E-Line, in
Freeborn County, Minnesota;
• a 1.07-mile, 30-inch-diameter loop 1
of 20-inch-diameter Elk River 1st and
2nd Branch Lines, in Washington
County, Minnesota (Elk River 3rd
Branch Line);
• a 1.14-mile extension of 24-inchdiameter Willmar D Branch Line, in
Scott County, Minnesota;
• a 2.48-mile extension of 8-inchdiameter Princeton Tie-Over Loop, in
Sherburne County, Minnesota;
• a 2.01-mile loop of 4-inch-diameter
Paynesville Branch Line, in Stearns
County, Minnesota (Paynesville 2nd
Branch Line);
• a 0.34-mile extension of 8-inchdiameter Tomah branch line loop, in
Monroe County, Wisconsin; and
• aboveground facilities including
one new pig 2 launcher, four new valve
settings, replacement of valves and
piping inside four facilities, removal of
three valve settings, and associated
piping.
The general location of the Project
facilities is shown in appendix 1.3
1A
pipeline loop is a segment of pipe constructed
parallel to an existing pipeline to increase capacity.
2 A ‘‘pig’’ is a tool that the pipeline company
inserts into and pushes through the pipeline for
cleaning the pipeline, conducting internal
inspections, or other purposes.
3 The appendices referenced in this notice will
not appear in the Federal Register. Copies of the
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18:39 Aug 02, 2022
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Based on the environmental
information provided by Northern,
construction of the proposed facilities
would disturb about 251.7 acres of land
for the aboveground facilities and the
pipeline. Following construction,
Northern would maintain about 51.9
acres for operation of the Project
facilities; the remaining acreage would
be restored and could revert to former
uses. About 12.4 percent of the
construction footprint would overlap
with easements for existing Northern
facilities.
Based on an initial review of
Northern’s proposal and public
comments received during scoping,
Commission staff have identified several
expected impacts that deserve attention
in the EIS. The Project would impact
three waterbodies and about 0.5 acre of
wetland. Construction of the Project
would have impacts on noise, traffic,
and road conditions. In response to the
Notice of Scoping, the Commission
received multiple comments. Several
were supportive of the Project. Others
requested that the EIS discuss and
provide appropriate details regarding
the Project description, purpose and
need, alternatives, affected
environment, wetlands, surface water,
groundwater, air quality, climate change
and greenhouse gas emissions,
community, social and economic
impacts, environmental justice,
pollinator habitat, noxious weeds, and
noise. Minnesota state agencies
requested that the EIS discuss potential
impacts on state listed species,
calcareous fens, soil compaction, and
wellhead protection areas and
discussion of appropriate seed mixes,
utility crossing licenses, dust abatement,
road crossing methods, traffic control,
access points, and impacts on highway
drainage, vegetation, and other utilities.
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;
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
FERCOnlineSupport@ferc.gov or call toll free, (886)
208–3676 or TTY (202) 502–8659.
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47407
• cultural resources;
• land use;
• socioeconomics;
• environmental justice;
• air quality and noise;
• reliability and safety; and
• cumulative impacts.
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. 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 4 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.
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.5 Alternatives currently under
consideration include:
• the no-action alternative, meaning
the Project is not implemented; and
• minor route deviations for Ventura
North E-Line, Elk River 3rd Branch
Line, Willmar D Branch Line, Princeton
Tie-Over Loop, and Paynesville 2nd
Branch Line.
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
4 For instructions on connecting to eLibrary, refer
to the last page of this notice.
5 40 CFR 1508.1(z).
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Federal Register / Vol. 87, No. 148 / Wednesday, August 3, 2022 / Notices
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 May 17,
2022 with the applicable State Historic
Preservation Office(s), 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.6 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.
Project. Among other things, that notice
alerted other agencies issuing federal
authorizations of the requirement to
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 the
final EIS for the Project, which is based
on an issuance of the draft EIS in
October 2022.
Schedule for Environmental Review
On April 11, 2022 the Commission
issued its Notice of Application for the
If a schedule change becomes
necessary for the final EIS, an additional
notice will be provided so that the
Issuance of Notice of Availability of the
final EIS March 10, 2023
90-day Federal Authorization Decision
Deadline 7 June 8, 2023
Agency
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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.
Certificate of Public Convenience and Necessity.
Clean Water Act Section 404—Dredge and Fill Permit.
Endangered Species Act (ESA) Consultation, Migratory Bird Treaty Act (MBTA) Coordination; Bald and
Golden Eagle Protection Act (BGEPA) Consultation.
Section 401 Water Quality Certification.
National Historic Preservation Act (NHPA), Section 106 Consultation.
NHPA, Section 106 Consultation.
Environmental Mailing List
This notice is being sent to the
Commission’s current environmental
mailing list for the Project which
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 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
6 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
18:39 Aug 02, 2022
Permits and Authorizations
Permit
Federal Energy Regulatory Commission.
U.S. Army Corps of Engineers—St.
Paul District.
U.S. Fish and Wildlife Service—
Twin Cities Field Office.
Minnesota Pollution Control Agency
Minnesota State Historic Preservation Office (SHPO).
Wisconsin SHPO ............................
VerDate Sep<11>2014
relevant agencies are kept informed of
the Project’s progress.
Jkt 256001
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 CP22–138–000 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
in or eligible for inclusion in the National Register
of Historic Places.
7 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,
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(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.,
CP22–138). 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/
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.
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Federal Register / Vol. 87, No. 148 / Wednesday, August 3, 2022 / Notices
events along with other related
information.
Dated: July 28, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022–16589 Filed 8–2–22; 8:45 am]
BILLING CODE 6717–01–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[Docket Nos. EL22–62–000; EL22–63–000;
EL22–64–000; EL22–65–000;
(Unconsolidated)]
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California Independent System
Operator Corporation, ISO New
England Inc., New York Independent
System Operator, Inc., Southwest
Power Pool Inc.; Notice of Institution of
Section 206 Proceeding and Refund
Effective Date
On July 28, 2022, the Commission
issued an order in Docket Nos. EL22–
62–000, EL22–63–000, EL22–64–000,
and EL22–65–000 pursuant to section
206 of the Federal Power Act (FPA), 16
U.S.C. 824e, instituting investigations
into whether the existing open access
transmission tariffs of California
Independent System Operator
Corporation, ISO New England Inc.,
New York Independent System
Operator, Inc., and/or Southwest Power
Pool Inc. (collectively, Responding
RTOs/ISOs) are unjust, unreasonable,
unduly discriminatory or preferential,
or otherwise unlawful, and to establish
a refund effective date. Cal. Indep. Sys.
Operator Corp., 180 FERC ¶ 61,049
(2022).
The refund effective date in each of
Docket Nos. EL22–62–000, EL22–63–
000, EL22–64–000, and EL22–65–000,
established pursuant to section 206(b) of
the FPA, will be the date of publication
of this notice in the Federal Register.
Any interested person desiring to be
heard in any of Docket Nos. EL22–62–
000, EL22–63–000, EL22–64–000, and
EL22–65–000 must file a notice of
intervention or motion to intervene in
the relevant proceeding, as appropriate,
with the Federal Energy Regulatory
Commission, in accordance with Rule
214 of the Commission’s Rules of
Practice and Procedure, 18 CFR 385.214
(2021), within 21 days of the date of
issuance of the order.
In addition to publishing the full text
of this document in the Federal
Register, the Commission provides all
interested persons an opportunity to
view and/or print the contents of this
document via the internet through the
VerDate Sep<11>2014
18:39 Aug 02, 2022
Jkt 256001
Commission’s Home Page (https://
www.ferc.gov) using the ‘‘eLibrary’’ link.
Enter the docket number excluding the
last three digits in the docket number
field to access the document. 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
FERCOnlineSupport@ferc.gov or call
toll-free, (886) 208–3676 or TYY, (202)
502–8659.
The Commission strongly encourages
electronic filings of comments, protests
and interventions in lieu of paper using
the ‘‘eFile’’ link at https://www.ferc.gov.
In lieu of electronic filing, you may
submit a paper copy. 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.
Dated: July 28, 2022.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2022–16617 Filed 8–2–22; 8:45 am]
BILLING CODE 6717–01–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[Docket No. ER22–2500–000]
DLS—Jean Duluth Project Co, LLC;
Supplemental Notice That Initial
Market-Based Rate Filing Includes
Request for Blanket Section 204
Authorization
This is a supplemental notice in the
above-referenced proceeding of DLS—
Jean Duluth Project Co, LLC’s
application for market-based rate
authority, with an accompanying rate
tariff, noting that such application
includes a request for blanket
authorization, under 18 CFR part 34, of
future issuances of securities and
assumptions of liability.
Any person desiring to intervene or to
protest should file with the Federal
Energy Regulatory Commission, 888
First Street NE, Washington, DC 20426,
in accordance with Rules 211 and 214
of the Commission’s Rules of Practice
and Procedure (18 CFR 385.211 and
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47409
385.214). Anyone filing a motion to
intervene or protest must serve a copy
of that document on the Applicant.
Notice is hereby given that the
deadline for filing protests with regard
to the applicant’s request for blanket
authorization, under 18 CFR part 34, of
future issuances of securities and
assumptions of liability, is August 17,
2022.
The Commission encourages
electronic submission of protests and
interventions in lieu of paper, using the
FERC Online links at https://
www.ferc.gov. To facilitate electronic
service, persons with internet access
who will eFile a document and/or be
listed as a contact for an intervenor
must create and validate an
eRegistration account using the
eRegistration link. Select the eFiling
link to log on and submit the
intervention or protests.
Persons unable to file electronically
may mail similar pleadings to the
Federal Energy Regulatory Commission,
888 First Street NE, Washington, DC
20426. Hand delivered submissions in
docketed proceedings should be
delivered to Health and Human
Services, 12225 Wilkins Avenue,
Rockville, Maryland 20852.
In addition to publishing the full text
of this document in the Federal
Register, the Commission provides all
interested persons an opportunity to
view and/or print the contents of this
document via the internet through the
Commission’s Home Page (https://
www.ferc.gov) using the ‘‘eLibrary’’ link.
Enter the docket number excluding the
last three digits in the docket number
field to access the document. 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 the Federal Energy
Regulatory Commission at
FERCOnlineSupport@ferc.gov or call
toll-free, (886) 208–3676 or TYY, (202)
502–8659.
Dated: July 28, 2022.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2022–16616 Filed 8–2–22; 8:45 am]
BILLING CODE 6717–01–P
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Agencies
[Federal Register Volume 87, Number 148 (Wednesday, August 3, 2022)]
[Notices]
[Pages 47406-47409]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-16589]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket No. CP22-138-000]
Northern Natural Gas Company; Notice of Intent To Prepare an
Environmental Impact Statement for the Proposed Northern Lights 2023
Expansion 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 Northern Lights 2023
Expansion Project (Project) involving construction and operation of
facilities by Northern Natural Gas Company (Northern) in Freeborn,
Scott, Sherburne, Stearns, and Washington Counties, Minnesota, and
Monroe County, Wisconsin. The Commission will use this EIS in its
decision-making process to determine whether the 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 May 17, 2022 in Docket No. CP22-
138-000, the Commission opened a scoping period to solicit comments.
Subsequent to issuance of that notice, Commission staff has determined
that it will prepare an EIS for the Project. The EIS will address the
concerns raised during the initial scoping process as well as comments
received in response to this notice.
By this notice, the Commission requests public comments on the
scope of issues to address in the environmental document, including
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 August 29, 2022. Comments may be submitted in
written form. Further details on how to submit comments are provided in
the Public Participation section of this notice.
As mentioned above, the Commission opened a scoping period which
expired on June 17, 2022; however, Commission staff continued to accept
comments after the comment period closed. All substantive written and
oral comments provided will be addressed in the EIS. Therefore, if you
submitted comments on this Project to the Commission during the
previous scoping period, 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.
Northern 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
[email protected]. 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
(3) You can file a paper copy of your comments by mailing them to
the Commission. Be sure to reference the project docket number (CP22-
138-000) on your letter. Submissions sent via the U.S. Postal Service
must be addressed to: Kimberly D. Bose, Secretary, Federal
[[Page 47407]]
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, the Project Purpose and Need, and
Expected Impacts
According to Northern, the Project would provide for incremental
winter firm service of 44,222 dekatherms per day (Dth/day) serving
residential, commercial, and industrial customer market growth in
Northern's Market Area and 6,667 Dth/day of additional firm service
that would allow a shipper enhanced reliability and flexibility in
scheduling their transportation capacity.
The Project consists of the following facilities:
a 2.79-mile extension of 36-inch-diameter Ventura North E-
Line, in Freeborn County, Minnesota;
a 1.07-mile, 30-inch-diameter loop \1\ of 20-inch-diameter
Elk River 1st and 2nd Branch Lines, in Washington County, Minnesota
(Elk River 3rd Branch Line);
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\1\ A pipeline loop is a segment of pipe constructed parallel to
an existing pipeline to increase capacity.
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a 1.14-mile extension of 24-inch-diameter Willmar D Branch
Line, in Scott County, Minnesota;
a 2.48-mile extension of 8-inch-diameter Princeton Tie-
Over Loop, in Sherburne County, Minnesota;
a 2.01-mile loop of 4-inch-diameter Paynesville Branch
Line, in Stearns County, Minnesota (Paynesville 2nd Branch Line);
a 0.34-mile extension of 8-inch-diameter Tomah branch line
loop, in Monroe County, Wisconsin; and
aboveground facilities including one new pig \2\ launcher,
four new valve settings, replacement of valves and piping inside four
facilities, removal of three valve settings, and associated piping.
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\2\ A ``pig'' is a tool that the pipeline company inserts into
and pushes through the pipeline for cleaning the pipeline,
conducting internal inspections, or other purposes.
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The general location of the Project facilities is shown in appendix
1.\3\
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\3\ 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 the environmental information provided by Northern,
construction of the proposed facilities would disturb about 251.7 acres
of land for the aboveground facilities and the pipeline. Following
construction, Northern would maintain about 51.9 acres for operation of
the Project facilities; the remaining acreage would be restored and
could revert to former uses. About 12.4 percent of the construction
footprint would overlap with easements for existing Northern
facilities.
Based on an initial review of Northern's proposal and public
comments received during scoping, Commission staff have identified
several expected impacts that deserve attention in the EIS. The Project
would impact three waterbodies and about 0.5 acre of wetland.
Construction of the Project would have impacts on noise, traffic, and
road conditions. In response to the Notice of Scoping, the Commission
received multiple comments. Several were supportive of the Project.
Others requested that the EIS discuss and provide appropriate details
regarding the Project description, purpose and need, alternatives,
affected environment, wetlands, surface water, groundwater, air
quality, climate change and greenhouse gas emissions, community, social
and economic impacts, environmental justice, pollinator habitat,
noxious weeds, and noise. Minnesota state agencies requested that the
EIS discuss potential impacts on state listed species, calcareous fens,
soil compaction, and wellhead protection areas and discussion of
appropriate seed mixes, utility crossing licenses, dust abatement, road
crossing methods, traffic control, access points, and impacts on
highway drainage, vegetation, and other utilities.
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;
socioeconomics;
environmental justice;
air quality and noise;
reliability and safety; and
cumulative impacts.
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. 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
\4\ 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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\4\ 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.\5\ Alternatives currently under consideration include:
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\5\ 40 CFR 1508.1(z).
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the no-action alternative, meaning the Project is not
implemented; and
minor route deviations for Ventura North E-Line, Elk River
3rd Branch Line, Willmar D Branch Line, Princeton Tie-Over Loop, and
Paynesville 2nd Branch Line.
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
[[Page 47408]]
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 May 17, 2022 with the applicable
State Historic Preservation Office(s), 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.\6\ 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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\6\ 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 April 11, 2022 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 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 the final EIS
for the Project, which is based on an issuance of the draft EIS in
October 2022.
Issuance of Notice of Availability of the final EIS March 10, 2023
90-day Federal Authorization Decision Deadline \7\ June 8, 2023
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\7\ 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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Agency Permit
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Federal Energy Regulatory Certificate of Public Convenience
Commission. and Necessity.
U.S. Army Corps of Engineers--St. Clean Water Act Section 404--Dredge
Paul District. and Fill Permit.
U.S. Fish and Wildlife Service-- Endangered Species Act (ESA)
Twin Cities Field Office. Consultation, Migratory Bird Treaty
Act (MBTA) Coordination; Bald and
Golden Eagle Protection Act (BGEPA)
Consultation.
Minnesota Pollution Control Agency Section 401 Water Quality
Certification.
Minnesota State Historic National Historic Preservation Act
Preservation Office (SHPO). (NHPA), Section 106 Consultation.
Wisconsin SHPO.................... NHPA, Section 106 Consultation.
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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 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 [email protected] stating your
request. You must include the docket number CP22-138-000 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.,
CP22-138). Be sure you have selected an appropriate date range. For
assistance, please contact FERC Online Support at
[email protected] 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/
[[Page 47409]]
events along with other related information.
Dated: July 28, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022-16589 Filed 8-2-22; 8:45 am]
BILLING CODE 6717-01-P