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Notice2022-00184

WBI Energy Transmission, Inc.; Notice of Scoping Period Requesting Comments on Environmental Issues for the Planned Wahpeton Expansion Project and Notice of Virtual Public Scoping Sessions

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Published
January 10, 2022

Issuing agencies

Energy DepartmentFederal Energy Regulatory Commission

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<title>Federal Register, Volume 87 Issue 6 (Monday, January 10, 2022)</title>
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[Federal Register Volume 87, Number 6 (Monday, January 10, 2022)]
[Notices]
[Pages 1135-1138]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-00184]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. PF21-4-000]


WBI Energy Transmission, Inc.; Notice of Scoping Period 
Requesting Comments on Environmental Issues for the Planned Wahpeton 
Expansion Project and Notice of Virtual Public Scoping Sessions

    The staff of the Federal Energy Regulatory Commission (FERC or 
Commission) will prepare an environmental document that will discuss 
the environmental impacts of the Wahpeton Expansion Project involving 
construction and operation of facilities by WBI Energy Transmission, 
Inc. (WBI Energy) in Cass and Richland Counties, North Dakota. The 
Commission will use this environmental document in its decision-making 
process to determine whether the project is in the public convenience 
and necessity.
    This notice announces the opening of the scoping process the 
Commission will use to gather input from the public and interested 
agencies regarding the project. 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 from its action whenever it considers the 
issuance of a Certificate of Public Convenience and Necessity. This 
gathering of public input is referred to as ``scoping.'' The main goal 
of the scoping process is to focus the analysis in the environmental 
document on the important environmental issues. Additional information 
about the Commission's NEPA process is described below in the NEPA 
Process and Environmental Document section of this notice.
    By this notice, the Commission requests public comments on the 
scope of issues to address in the environmental document. 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 Standard Time on February 3, 2022. Comments 
may be submitted in written or oral form. Further details on how to 
submit comments are provided in the Public Participation section of 
this notice.
    Your comments should focus on the potential environmental effects, 
reasonable alternatives, and measures to avoid or lessen environmental 
impacts.

[[Page 1136]]

Your input will help the Commission staff determine what issues they 
need to evaluate in the environmental document. Commission staff will 
consider all written or oral comments during the preparation of the 
environmental document.
    If you submitted comments on this project to the Commission before 
the opening of this docket on September 27, 2021, you will need to file 
those comments in Docket No. PF21-4-000 to ensure they are considered.
    This notice is being sent to the Commission's current environmental 
mailing list for this project. State and local government 
representatives should notify their constituents of this planned 
project and encourage them to comment on their areas of concern.
    If you are a landowner receiving this notice, a pipeline company 
representative may contact you about the acquisition of an easement to 
construct, operate, and maintain the planned 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 subsequently grant, exercise, or oversee the exercise of that 
eminent domain authority. The courts have exclusive authority to handle 
eminent domain cases; the Commission has no jurisdiction over these 
matters.
    A fact sheet prepared by the FERC entitled ``An Interstate Natural 
Gas Facility On My Land? What Do I Need To Know?'' 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 links to Natural Gas Questions or 
Landowner Topics.

Public Participation

    There are four methods you can use to submit your comments to the 
Commission. Please carefully follow these instructions so that your 
comments are properly recorded. 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#72341700113d1c1e1b1c17210702021d000632141700115c151d04"><span class="__cf_email__" data-cfemail="6a2c0f180925040603040f391f1a1a05181e2a0c0f1809440d051c">[email&#160;protected]</span></a>.
    (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 (PF21-4-
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, Maryland 20852.
    (4) In lieu of sending written comments, the Commission invites you 
to attend one of the virtual public scoping sessions its staff will 
conduct by telephone, scheduled as follows:

Date and Time:
Tuesday, January 25, 2022
4:30-6:30 pm Central Standard Time
Call in number: 1-888-604-9359
Participant passcode: 8998724
Thursday, January 27, 2022
4:30-6:30 pm Central Standard Time
Call in number: 1-888-604-9359
Participant passcode: 8998724

    The primary goal of these scoping sessions is to have you identify 
the specific environmental issues and concerns that should be 
considered in the environmental document. Individual oral comments will 
be taken on a one-on-one basis with a court reporter present on the 
line. This format is designed to receive the maximum amount of oral 
comments, in a convenient way during the timeframe allotted, and is in 
response to the ongoing COVID-19 pandemic.
    For each scoping session, you may call at any time after 4:30 p.m. 
Central Standard Time at which time you will be placed on mute and 
hold. Calls will be answered in the order they are received. Once 
answered, you will have the opportunity to provide your comment 
directly to a court reporter, with FERC staff, or FERC staff 
representative present on the line. A time limit of three minutes will 
be implemented for each commentor.
    Transcripts of all comments received during the scoping session(s) 
will be publicly available on FERC's eLibrary system (see the last page 
of this notice for instructions on using eLibrary).
    It is important to note that the Commission provides equal 
consideration to all comments received, whether filed in written form 
or provided orally at a virtual scoping session.
    Additionally, the Commission offers a free service called 
eSubscription, which makes it easy to stay informed of all issuances 
and submittals regarding the dockets/projects to which you subscribe. 
These instant email notifications are the fastest way to receive 
notification and provide a link to the document files which can reduce 
the amount of time you spend researching proceedings. 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 Planned Project

    WBI Energy plans to construct and operate about 58.7 miles of 12-
inch-diameter natural gas pipeline from WBI Energy's existing Mapleton 
Compressor Station near Mapleton, North Dakota to a new meter station 
near Wahpeton, North Dakota. The Wahpeton Expansion Project would 
provide about 20.6 million standard cubic feet of natural gas per day 
to southeastern North Dakota. According to WBI Energy, the project 
would provide additional natural gas supply to Wahpeton, North Dakota 
and new natural gas service to Kindred, North Dakota, as requested by 
Montana-Dakota Utilities Company (MDU).
    In addition to the pipeline facilities, the Wahpeton Expansion 
Project would also include the following facilities:
    <bullet> Modifications (installation of additional equipment and 
facilities, but no additional compression) to WBI Energy's existing 
Mapleton Compressor Station in Cass County, North Dakota;
    <bullet> two delivery stations (MDU-Kindred Border Station and MDU-
Wahpeton Border Station) in Cass and Richland Counties (respectively), 
North Dakota;
    <bullet> seven block valve settings;

[[Page 1137]]

    <bullet> four pig launcher/receiver settings at block valve 
settings 1, 2, 5, and 7; \1\ and
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    \1\ 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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    <bullet> farm taps.
    The general location of the project facilities is shown in appendix 
1.\2\
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    \2\ 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="cb8d8e998884a5a7a2a5ae98bebbbba4b9bf8badaeb9a8e5aca4bd">[email&#160;protected]</a> or call toll free, (886) 208-3676 
or TTY (202) 502-8659.
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Land Requirements for Construction

    Construction of the planned facilities would disturb at least 533.7 
acres of land for the aboveground facilities and the pipeline. 
Following construction, WBI Energy would maintain at least 358.8 acres 
for permanent operation of the project's facilities; the remaining 
acreage would be restored and reverted to former uses. The preliminary 
estimate of acreages affected would likely increase as the planned 
project's design advances. About 61 percent of the planned pipeline 
route parallels existing electric transmission line and road rights-of-
way.

NEPA Process and the Environmental Document

    Any environmental document issued by Commission staff will discuss 
impacts that could occur as a result of the construction and operation 
of the planned 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;
    <bullet> climate change; and
    <bullet> reliability and safety.
    Commission staff have already identified several issues that 
deserve attention based on a preliminary review of the planned 
facilities and the environmental information provided by WBI Energy. 
This preliminary list of issues may change based on your comments and 
our analysis:
    <bullet> potential effects on drain tiles;
    <bullet> impacts on waterbodies; and
    <bullet> impacts on soils and restoration of impacted farmland.
    Commission staff will also evaluate reasonable alternatives to the 
planned project or portions of the project and make recommendations on 
how to lessen or avoid impacts on the various resource areas. Your 
comments will help Commission staff identify and focus on the issues 
that might have an effect on the human environment and potentially 
eliminate others from further study and discussion in the environmental 
document.
    Although no formal application has been filed, Commission staff 
have already initiated a NEPA review under the Commission's pre-filing 
process. The purpose of the pre-filing process is to encourage early 
involvement of interested stakeholders and to identify and resolve 
issues before the Commission receives an application. As part of the 
pre-filing review, Commission staff will contact federal and state 
agencies to discuss their involvement in the scoping process and the 
preparation of the environmental document.
    If a formal application is filed, Commission staff will then 
determine whether to prepare an Environmental Assessment (EA) or an 
Environmental Impact Statement (EIS). The EA or the EIS will present 
Commission staff's independent analysis of the environmental issues. If 
Commission staff prepares an EA, a Notice of Schedule for the 
Preparation of an Environmental Assessment will be issued. The EA may 
be issued for an allotted public comment period. The Commission would 
consider timely comments on the EA before making its determination on 
the proposed project. If Commission staff prepares an EIS, a Notice of 
Intent to Prepare an EIS/Notice of Schedule will be issued once an 
application is filed, which will open an additional public comment 
period. Staff will then prepare a draft EIS that 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 EA or 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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    \3\ For instructions on connecting to eLibrary, refer to the 
last page of this notice.
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    With this notice, the Commission is asking agencies with 
jurisdiction by law and/or special expertise with respect to the 
environmental issues related to this project to formally cooperate in 
the preparation of the environmental document.\4\ 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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    \4\ The Council on Environmental Quality regulations addressing 
cooperating agency responsibilities are at Title 40, Code of Federal 
Regulations, Part 1501.8.
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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 is using this notice to initiate 
consultation with the North Dakota State Historic Preservation Officer, 
and to solicit their views and those of other government agencies, 
interested Indian tribes, and the public on the project's potential 
effects on historic properties.\5\ The environmental document for this 
project will document our 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 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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Environmental Mailing List

    The environmental mailing list includes federal, state, and local 
government representatives and agencies; elected officials; 
environmental and public interest groups; 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

[[Page 1138]]

potentially affected by the planned project.
    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#e5a28496b5978a8f808691a4818197809696a68d848b8280a583809786cb828a93"><span class="__cf_email__" data-cfemail="bbfcdac8ebc9d4d1ded8cffadfdfc9dec8c8f8d3dad5dcdefbdddec9d895dcd4cd">[email&#160;protected]</span></a> stating your 
request. You must include the docket number PF21-4-000 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).

Becoming an Intervenor

    Once WBI Energy files its application with the Commission, you may 
want to become an ``intervenor'' which is an official party to the 
Commission's proceeding. Only intervenors have the right to seek 
rehearing of the Commission's decision and be heard by the courts if 
they choose to appeal the Commission's final ruling. An intervenor 
formally participates in the proceeding by filing a request to 
intervene pursuant to Rule 214 of the Commission's Rules of Practice 
and Procedures (18 CFR 385.214). Motions to intervene are more fully 
described at <a href="https://www.ferc.gov/resources/guides/how-to.asp">https://www.ferc.gov/resources/guides/how-to.asp</a>. Please 
note that the Commission will not accept requests for intervenor status 
at this time. You must wait until the Commission receives a formal 
application for the project, after which the Commission will issue a 
public notice that establishes an intervention deadline.

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 (<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. Be sure you have selected an 
appropriate date range. For assistance, please contact FERC Online 
Support at <a href="/cdn-cgi/l/email-protection#f0b6958293bf9e9c999e95a38580809f8284b096958293de979f86"><span class="__cf_email__" data-cfemail="72341700113d1c1e1b1c17210702021d000632141700115c151d04">[email&#160;protected]</span></a> or toll free at (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: January 4, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022-00184 Filed 1-7-22; 8:45 am]
BILLING CODE 6717-01-P


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