Notice2021-19100

Spire Storage West, LLC.; Notice of Intent To Prepare an Environmental Impact Statement for the Proposed Clear Creek Expansion Project, Request for Comments on Environmental Issues, and Schedule for Environmental Review

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Published
September 3, 2021

Issuing agencies

Energy DepartmentFederal Energy Regulatory Commission

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<title>Federal Register, Volume 86 Issue 169 (Friday, September 3, 2021)</title>
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[Federal Register Volume 86, Number 169 (Friday, September 3, 2021)]
[Notices]
[Pages 49526-49529]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-19100]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP21-6-000]


Spire Storage West, LLC.; Notice of Intent To Prepare an 
Environmental Impact Statement for the Proposed Clear Creek 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 Clear Creek Expansion 
Project (Project) involving construction and operation of facilities by 
Spire Storage West, LLC. (Spire Storage) in Uinta County, Wyoming. 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 November 9, 2020, in Docket No. 
CP21-6-000, the Commission opened a scoping period; and staff intends 
to prepare an EIS that will address the concerns raised during that 
scoping period as well as comments received in response to this notice. 
Therefore, the Commission requests 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 September 27, 
2021. Further details on how to submit comments are provided in the 
Public Participation section of this notice.
    As mentioned above, the Commission previously opened a scoping 
period which expired on December 9, 2020. All substantive written and 
oral comments provided during scoping will be addressed in the EIS. 
Therefore, if you submitted comments on this Project to the Commission 
during the previous scoping process, 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

[[Page 49527]]

cases; the Commission has no jurisdiction over these matters.
    Spire Storage 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 (<a href="http://www.ferc.gov">www.ferc.gov</a>) 
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 
<a href="/cdn-cgi/l/email-protection#a8eecddacbe7c6c4c1c6cdfbddd8d8c7dadce8cecddacb86cfc7de"><span class="__cf_email__" data-cfemail="f9bf9c8b9ab6979590979caa8c8989968b8db99f9c8b9ad79e968f">[email&#160;protected]</span></a>. 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 (<a href="http://www.ferc.gov">www.ferc.gov</a>) 
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 (<a href="http://www.ferc.gov">www.ferc.gov</a>) 
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 (CP21-6-
000) on your letter. 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, MD 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 <a href="https://www.ferc.gov/ferc-online/overview">https://www.ferc.gov/ferc-online/overview</a> to register 
for eSubscription.

Summary of the Proposed Project, the Project Purpose and Need, and 
Expected Impacts

    Spire Storage proposes to expand its natural gas storage facilities 
at its existing Clear Creek Storage Field in Uinta County, Wyoming in 
order to increase the certificated gas capacities from 4.0 billion 
cubic feet (Bcf) to 20 Bcf, and increase the maximum daily injection 
and withdrawal capacities from 35 million cubic feet (MMcf) and 50 MMcf 
per day, to 350 MMcf and 500 MMcf per day, respectively. Spire Storage 
further proposes to construct pipeline connections north to the Canyon 
Creek Plant, south to the Kern River Gas Transmission mainline, and 
reconnect with the Questar Pipeline at the Clear Creek Plant. According 
to Spire Storage, the purpose of this project is to increase storage 
capacity and enhance operational capabilities to satisfy market demand 
for natural gas services in the Western United States.
    The Clear Creek Expansion Project would consist of the following 
facilities:
    <bullet> Four compressor units at the Clear Creek Plant;
    <bullet> a tank storage and natural gas liquids fueling equipment 
facility on an existing pad;
    <bullet> 11 new injection/withdrawal wells, one new water disposal 
well, and associated lines;
    <bullet> approximately 7.0 miles of 20-inch-diameter pipeline;
    <bullet> approximately 3.6 miles of 24-inch diameter pipeline; and
    <bullet> approximately 3.5 miles of 4,160-volt powerline; and other 
related appurtenances.
    The general location of the Project facilities is shown in appendix 
1.\1\
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    \1\ 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 
<a href="http://www.ferc.gov">www.ferc.gov</a> 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 <a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="c2848790818dacaeabaca791b7b2b2adb0b682a4a7b0a1eca5adb4">[email&#160;protected]</a> or call toll free, (886) 208-3676 
or TTY (202) 502-8659.
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    Based on the environmental information provided by Spire Storage, 
construction of the proposed facilities would disturb about 249.00 
acres of land for the aboveground facilities and the pipeline. 
Following construction, Spire Storage would maintain about 128.1 acres 
for operation of the Project facilities; the remaining acreage would be 
restored and revert to former uses.
    Based on an initial review of Spire Storage's proposal and public 
comments, Commission staff have identified several expected impacts 
that deserve attention in the EIS. The Project would impact eight 
waterbodies, 0.48 acre of wetland, public lands managed by the U.S. 
Bureau of Land Management (BLM) and the Wyoming Office of State Lands 
and Investment, and greenhouse gas emissions.

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:
    <bullet> Geology and soils;
    <bullet> water resources and wetlands;
    <bullet> vegetation and wildlife;
    <bullet> threatened and endangered species;
    <bullet> cultural resources;
    <bullet> land use;
    <bullet> socioeconomics and environmental justice;
    <bullet> air quality and noise; and
    <bullet> reliability and safety.
    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. The BLM is a cooperating agency in the preparation of the 
EIS.\2\ 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 
\3\ and the Commission's natural gas environmental documents web page 
(<a href="https://www.ferc.gov/industries-data/natural-gas/environment/environmental-documents">https://www.ferc.gov/industries-data/natural-gas/environment/environmental-documents</a>). If eSubscribed, you will receive instant 
email notification when the environmental document is issued.
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    \2\ The Council on Environmental Quality regulations addressing 
cooperating agency responsibilities are at Title 40 Code of Federal 
Regulations (CFR), Section 1501.8. (2021).
    \3\ 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

[[Page 49528]]

action.\4\ Alternatives currently under consideration include:
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    \4\ 40 CFR 1508.1(z).
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    <bullet> The no-action alternative, meaning the Project is not 
implemented.
    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 
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 October 22, 2021, with the Wyoming 
State Historic Preservation Officer, 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.\5\ 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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    \5\ 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 October 22, 2020, 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 of 2021.

Issuance of Notice of Availability of the final EIS--January 21, 2022
90-day Federal Authorization Decision Deadline--April 21, 2022

    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.

           Environmental Permits, Approvals, and Consultations
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               Agency                    Permit/approval/consultation
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Federal:
    Federal Energy Regulatory        Certificate of Public Convenience
     Commission.                      and Necessity under Section 7(c)
                                      of the Natural Gas Act.
    U.S. Army Corps of Engineers...  Clean Water Act 404, Nationwide
                                      Permit 12.
    U.S. Fish and Wildlife Service.  Endangered Species Act--Section 7
                                      Consultation, Migratory Bird
                                      Treaty Act, Bald Eagle and Golden
                                      Eagle Protection Act.
    U.S. Environmental Protection    Underground Injection Control
     Agency.                          Permit through the Wyoming Oil and
                                      Gas Conservation Commission for
                                      class II wells.
    U.S. Bureau of Land Management.  SF-299, Right-of-Way Grant and
                                      Temporary Use Permits
                                     Approval to dispose of produced
                                      water: controls disposal of
                                      produced water from federal
                                      leases.
                                     Application for permit to Drill,
                                      Deepen, or Plug Back (ADP/Sundry
                                      Process).
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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 the BLM Kemmerer Field 
office; Wyoming Department of Environmental Quality; 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 <a href="/cdn-cgi/l/email-protection#f2b59381a2809d98979186b3969680978181b19a939c9597b294978091dc959d84"><span class="__cf_email__" data-cfemail="5b1c3a280b2934313e382f1a3f3f293e282818333a353c3e1b3d3e2938753c342d">[email&#160;protected]</span></a> stating your 
request. You must include the docket number CP21-6-000 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


[[Page 49529]]


    (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 <a href="http://www.ferc.gov">www.ferc.gov</a> 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., 
CP21-6). Be sure you have selected an appropriate date range. For 
assistance, please contact FERC Online Support at 
<a href="/cdn-cgi/l/email-protection#53153621301c3d3f3a3d36002623233c212713353621307d343c25"><span class="__cf_email__" data-cfemail="71371403123e1f1d181f14220401011e030531171403125f161e07">[email&#160;protected]</span></a> 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 <a href="https://www.ferc.gov/news-events/events">https://www.ferc.gov/news-events/events</a> along with 
other related information.

    Dated: August 26, 2021.
 Kimberly D. Bose,
Secretary.
[FR Doc. 2021-19100 Filed 9-2-21; 8:45 am]
BILLING CODE 6717-01-P


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Indexed from Federal Register on September 3, 2021.

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.